State of Illinois
91st General Assembly

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[ Senate Amendment 001 ]


SB649 Engrossed                                LRB9105901RCks

 1        AN ACT in relation to cloning.

 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    Human Cloning Act.

 6        Section 5. Purpose.  It is  the  intent  of  the  General
 7    Assembly  to  place  a moratorium on the cloning of an entire
 8    human being  in  order  to  evaluate  the  profound  medical,
 9    ethical,  and  social  implications  that  such a possibility
10    raises.

11        Section 10.  Human cloning prohibited.
12        (a)  No person shall clone a human being.
13        (b)  No person shall purchase or sell  an  ovum,  zygote,
14    embryo, or fetus for the purpose of cloning a human being.
15        (c)  For  purposes  of  this  Section,  "clone" means the
16    practice of creating or attempting to create a human being by
17    transferring the nucleus from  a  human  cell  from  whatever
18    source  into a human egg cell from which the nucleus has been
19    removed for the purpose of,  or  to  implant,  the  resulting
20    product  to  initiate  a  pregnancy  that could result in the
21    birth of a human being.
22        (d)  Nothing in this Act shall be construed  to  restrict
23    or prohibit biomedical research using cloning technology that
24    is  not  expressly  prohibited  by  this  Act,  including the
25    cloning of human genes, cells, and tissues.

26        Section 15.  For violations of Section 10, the   Attorney
27    General  may,  after  appropriate  notice and opportunity for
28    hearing, by order, levy administrative penalties as follows:
29        (a)  If the violator  is  a  corporation,  firm,  clinic,
SB649 Engrossed             -2-                LRB9105901RCks
 1    hospital,  laboratory,  or  research  facility,  by  a  civil
 2    penalty  of not more than $1,000,000 or the applicable amount
 3    under subsection (c), whichever is greater.
 4        (b)  If the violator is an individual, by a civil penalty
 5    of not more than $250,000  or  the  applicable  amount  under
 6    subsection (c), whichever is greater.
 7        (c)  If  any  violator  derives  pecuniary  gain  from  a
 8    violation of Section 10, the violator may be assessed a civil
 9    penalty of not more than an amount equal to the amount of the
10    gross gain multiplied by 2.
11        (d)  The  administrative penalties shall be paid into the
12    General Revenue Fund.

13        Section 90.  Repeal. This Act is repealed on  January  1,
14    2005.

15        Section  105.  The Department of Public Health Powers and
16    Duties Law of the Civil Administrative Code  of  Illinois  is
17    amended by adding Section 2310-330.5 as follows:

18        (20 ILCS 2310/2310-330.5 new)
19        Sec.  2310-330.5.  Revocation  of  registration  of sperm
20    banks that violate the Human  Cloning  Act.   The  Department
21    shall  revoke  the registration of a sperm bank that violates
22    the Human Cloning Act.  This Section is repealed  on  January
23    1, 2005.

24        Section  110.  The  Ambulatory  Surgical Treatment Center
25    Act is amended by adding Section 10f-5 as follows:

26        (210 ILCS 5/10f-5 new)
27        Sec. 10f-5.  Revocation  of  license  for  violating  the
28    Human  Cloning Act.  The Director shall revoke the license of
29    an ambulatory surgical treatment  center  that  violates  the
SB649 Engrossed             -3-                LRB9105901RCks
 1    Human  Cloning  Act.   This Section is repealed on January 1,
 2    2005.

 3        Section 115.  The Hospital Licensing Act  is  amended  by
 4    adding Section 7.5 as follows:

 5        (210 ILCS 85/7.5 new)
 6        Sec.  7.5.  Revocation  of  license  for violation of the
 7    Human Cloning Act.  The Director shall revoke the license  of
 8    a hospital that violates the Human Cloning Act.  This Section
 9    is repealed on January 1, 2005.

10        Section 120.  The Medical Practice Act of 1987 is amended
11    by changing Section 22 as follows:

12        (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
13        Sec. 22.  Disciplinary action.
14        (A)  The   Department   may  revoke,  suspend,  place  on
15    probationary status, or take any other disciplinary action as
16    the Department may deem proper with regard to the license  or
17    visiting professor permit of any person issued under this Act
18    to  practice medicine, or to treat human ailments without the
19    use of drugs and without operative surgery upon  any  of  the
20    following grounds:
21             (1)  Performance  of  an  elective  abortion  in any
22        place, locale, facility, or institution other than:
23                  (a)  a  facility  licensed  pursuant   to   the
24             Ambulatory Surgical Treatment Center Act;
25                  (b)  an institution licensed under the Hospital
26             Licensing Act; or
27                  (c)  an ambulatory surgical treatment center or
28             hospitalization  or  care facility maintained by the
29             State or any agency thereof, where  such  department
30             or  agency  has authority under law to establish and
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 1             enforce  standards  for  the   ambulatory   surgical
 2             treatment    centers,   hospitalization,   or   care
 3             facilities under its management and control; or
 4                  (d)  ambulatory  surgical  treatment   centers,
 5             hospitalization or care facilities maintained by the
 6             Federal Government; or
 7                  (e)  ambulatory   surgical  treatment  centers,
 8             hospitalization or care facilities maintained by any
 9             university or college established under the laws  of
10             this State and supported principally by public funds
11             raised by taxation.
12             (2)  Performance  of  an  abortion  procedure  in  a
13        wilful  and wanton manner on a woman who was not pregnant
14        at the time the abortion procedure was performed.
15             (3)  The conviction of a felony in this or any other
16        jurisdiction, except as otherwise provided in  subsection
17        B  of  this  Section,  whether or not related to practice
18        under this  Act,  or  the  entry  of  a  guilty  or  nolo
19        contendere plea to a felony charge.
20             (4)  Gross negligence in practice under this Act.
21             (5)  Engaging    in   dishonorable,   unethical   or
22        unprofessional conduct of a character likely to  deceive,
23        defraud or harm the public.
24             (6)  Obtaining   any   fee   by  fraud,  deceit,  or
25        misrepresentation.
26             (7)  Habitual or excessive use  or  abuse  of  drugs
27        defined  in  law as controlled substances, of alcohol, or
28        of any other substances which results in the inability to
29        practice with reasonable judgment, skill or safety.
30             (8)  Practicing under a false or, except as provided
31        by law, an assumed name.
32             (9)  Fraud or misrepresentation in applying for,  or
33        procuring, a license under this Act or in connection with
34        applying for renewal of a license under this Act.
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 1             (10)  Making   a   false   or  misleading  statement
 2        regarding their skill or the efficacy  or  value  of  the
 3        medicine,  treatment,  or  remedy  prescribed  by them at
 4        their direction in the treatment of any disease or  other
 5        condition of the body or mind.
 6             (11)  Allowing another person or organization to use
 7        their license, procured under this Act, to practice.
 8             (12)  Disciplinary   action   of  another  state  or
 9        jurisdiction against a license or other authorization  to
10        practice  as  a  medical  doctor,  doctor  of osteopathy,
11        doctor of osteopathic medicine or doctor of chiropractic,
12        a certified copy of the record of the action taken by the
13        other state or jurisdiction being  prima  facie  evidence
14        thereof.
15             (13)  Violation  of  any provision of this Act or of
16        the Medical Practice Act prior to the repeal of that Act,
17        or violation of the  rules,  or  a  final  administrative
18        action  of  the  Director,  after  consideration  of  the
19        recommendation of the Disciplinary Board.
20             (14)  Dividing  with  anyone  other  than physicians
21        with  whom  the  licensee  practices  in  a  partnership,
22        Professional Association, limited liability  company,  or
23        Medical  or Professional Corporation any fee, commission,
24        rebate or other form of compensation for any professional
25        services not actually and  personally  rendered.  Nothing
26        contained  in  this  subsection prohibits persons holding
27        valid and current licenses under this Act from practicing
28        medicine in partnership under  a  partnership  agreement,
29        including  a  limited liability partnership, in a limited
30        liability company under  the  Limited  Liability  Company
31        Act,   in   a   corporation  authorized  by  the  Medical
32        Corporation Act, as  an  association  authorized  by  the
33        Professional  Association  Act, or in a corporation under
34        the  Professional  Corporation  Act  or   from   pooling,
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 1        sharing,  dividing  or  apportioning  the fees and monies
 2        received by them or by the  partnership,  corporation  or
 3        association  in accordance with the partnership agreement
 4        or  the  policies  of  the  Board  of  Directors  of  the
 5        corporation or association.  Nothing  contained  in  this
 6        subsection prohibits 2 or more corporations authorized by
 7        the  Medical  Corporation Act, from forming a partnership
 8        or joint venture  of  such  corporations,  and  providing
 9        medical,  surgical  and scientific research and knowledge
10        by employees of these corporations if such employees  are
11        licensed  under  this  Act,  or  from  pooling,  sharing,
12        dividing, or apportioning the fees and monies received by
13        the  partnership  or joint venture in accordance with the
14        partnership  or   joint   venture   agreement.    Nothing
15        contained  in this subsection shall abrogate the right of
16        2 or more persons, holding  valid  and  current  licenses
17        under this Act, to each receive adequate compensation for
18        concurrently rendering professional services to a patient
19        and   divide  a  fee;  provided,  the  patient  has  full
20        knowledge  of  the  division,  and,  provided,  that  the
21        division is made in proportion to the services  performed
22        and responsibility assumed by each.
23             (15)  A  finding  by  the Medical Disciplinary Board
24        that the registrant  after  having  his  or  her  license
25        placed  on probationary status or subjected to conditions
26        or restrictions violated the terms of  the  probation  or
27        failed to comply with such terms or conditions.
28             (16)  Abandonment of a patient.
29             (17)  Prescribing,      selling,      administering,
30        distributing,   giving  or  self-administering  any  drug
31        classified as a controlled substance (designated product)
32        or narcotic for other than medically accepted therapeutic
33        purposes.
34             (18)  Promotion  of  the  sale  of  drugs,  devices,
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 1        appliances or goods provided for a patient in such manner
 2        as to exploit the  patient  for  financial  gain  of  the
 3        physician.
 4             (19)  Offering,  undertaking  or agreeing to cure or
 5        treat disease by a secret method, procedure, treatment or
 6        medicine, or the treating, operating or  prescribing  for
 7        any human condition by a method, means or procedure which
 8        the  licensee  refuses  to  divulge  upon  demand  of the
 9        Department.
10             (20)  Immoral conduct in the commission of  any  act
11        including,  but  not  limited to, commission of an act of
12        sexual misconduct related to the licensee's practice.
13             (21)  Wilfully making or  filing  false  records  or
14        reports in his or her practice as a physician, including,
15        but  not  limited  to,  false  records  to support claims
16        against the medical assistance program of the  Department
17        of Public Aid under the Illinois Public Aid Code.
18             (22)  Wilful omission to file or record, or wilfully
19        impeding  the  filing  or  recording, or inducing another
20        person to omit to file  or  record,  medical  reports  as
21        required  by  law,  or  wilfully  failing  to  report  an
22        instance  of  suspected  abuse  or neglect as required by
23        law.
24             (23)  Being named as a perpetrator in  an  indicated
25        report  by the Department of Children and Family Services
26        under the Abused and Neglected Child Reporting  Act,  and
27        upon  proof  by  clear  and  convincing evidence that the
28        licensee has caused a child to  be  an  abused  child  or
29        neglected  child  as  defined in the Abused and Neglected
30        Child Reporting Act.
31             (24)  Solicitation of professional patronage by  any
32        corporation,  agents  or persons, or profiting from those
33        representing themselves to be agents of the licensee.
34             (25)  Gross and wilful  and  continued  overcharging
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 1        for   professional   services,   including  filing  false
 2        statements for collection of fees for which services  are
 3        not  rendered, including, but not limited to, filing such
 4        false statements for collection of  monies  for  services
 5        not  rendered  from the medical assistance program of the
 6        Department of Public Aid under the  Illinois  Public  Aid
 7        Code.
 8             (26)  A  pattern of practice or other behavior which
 9        demonstrates incapacity or incompetence to practice under
10        this Act.
11             (27)  Mental illness or disability which results  in
12        the  inability to practice under this Act with reasonable
13        judgment, skill or safety.
14             (28)  Physical illness, including, but  not  limited
15        to,  deterioration  through the aging process, or loss of
16        motor skill which results in a physician's  inability  to
17        practice  under  this Act with reasonable judgment, skill
18        or safety.
19             (29)  Cheating  on  or  attempt   to   subvert   the
20        licensing examinations administered under this Act.
21             (30)  Wilfully    or   negligently   violating   the
22        confidentiality between physician and patient  except  as
23        required by law.
24             (31)  The use of any false, fraudulent, or deceptive
25        statement  in  any document connected with practice under
26        this Act.
27             (32)  Aiding and abetting an individual not licensed
28        under this Act in the practice of a  profession  licensed
29        under this Act.
30             (33)  Violating state or federal laws or regulations
31        relating to controlled substances.
32             (34)  Failure   to  report  to  the  Department  any
33        adverse  final  action  taken  against  them  by  another
34        licensing jurisdiction (any other state or any  territory
SB649 Engrossed             -9-                LRB9105901RCks
 1        of the United States or any foreign state or country), by
 2        any  peer review body, by any health care institution, by
 3        any  professional  society  or  association  related   to
 4        practice  under  this Act, by any governmental agency, by
 5        any law enforcement agency, or by any court for  acts  or
 6        conduct similar to acts or conduct which would constitute
 7        grounds for action as defined in this Section.
 8             (35)  Failure  to report to the Department surrender
 9        of a license or authorization to practice  as  a  medical
10        doctor,  a  doctor of osteopathy, a doctor of osteopathic
11        medicine, or doctor of chiropractic in another  state  or
12        jurisdiction,  or  surrender of membership on any medical
13        staff or in any medical or  professional  association  or
14        society, while under disciplinary investigation by any of
15        those  authorities or bodies, for acts or conduct similar
16        to acts or conduct which  would  constitute  grounds  for
17        action as defined in this Section.
18             (36)  Failure   to  report  to  the  Department  any
19        adverse judgment, settlement, or  award  arising  from  a
20        liability  claim  related  to  acts or conduct similar to
21        acts or conduct which would constitute grounds for action
22        as defined in this Section.
23             (37)  Failure to transfer copies of medical  records
24        as required by law.
25             (38)  Failure   to   furnish   the  Department,  its
26        investigators or representatives,  relevant  information,
27        legally  requested  by  the Department after consultation
28        with the Chief Medical Coordinator or the Deputy  Medical
29        Coordinator.
30             (39)  Violating the Health Care Worker Self-Referral
31        Act.
32             (40)  Willful  failure to provide notice when notice
33        is required under the Parental Notice of Abortion Act  of
34        1995.
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 1             (41)  Failure  to  establish and maintain records of
 2        patient care and treatment as required by this law.
 3             (42)  Entering into an excessive number  of  written
 4        collaborative  agreements with licensed advanced practice
 5        nurses  resulting   in   an   inability   to   adequately
 6        collaborate and provide medical direction.
 7             (43)  Violating  the  Human  Cloning  Act. This item
 8        (43) is inoperative upon the repeal of the Human  Cloning
 9        Act.
10             (44)    (43)  Repeated    failure    to   adequately
11        collaborate  with  or  provide  medical  direction  to  a
12        licensed advanced practice nurse.
13        All proceedings to suspend, revoke, place on probationary
14    status,  or  take  any  other  disciplinary  action  as   the
15    Department  may  deem proper, with regard to a license on any
16    of the foregoing grounds, must be commenced  within  3  years
17    next  after receipt by the Department of a complaint alleging
18    the commission of or notice of the conviction order  for  any
19    of  the  acts  described  herein.   Except  for  the  grounds
20    numbered (8), (9) and (29), no action shall be commenced more
21    than 5 years after the date of the incident or act alleged to
22    have  violated  this Section.  In the event of the settlement
23    of any claim or cause of action in favor of the  claimant  or
24    the  reduction to final judgment of any civil action in favor
25    of the plaintiff, such claim, cause of action or civil action
26    being grounded on the allegation that a person licensed under
27    this Act was negligent  in  providing  care,  the  Department
28    shall  have an additional period of one year from the date of
29    notification to the Department under Section 23 of  this  Act
30    of  such settlement or final judgment in which to investigate
31    and commence formal disciplinary proceedings under Section 36
32    of this Act, except as otherwise provided by law.   The  time
33    during  which the holder of the license was outside the State
34    of Illinois shall not be included within any period  of  time
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 1    limiting  the  commencement  of  disciplinary  action  by the
 2    Department.
 3        The entry of an order or judgment by  any  circuit  court
 4    establishing that any person holding a license under this Act
 5    is  a  person  in  need  of  mental  treatment  operates as a
 6    suspension of that license.  That  person  may  resume  their
 7    practice  only  upon  the entry of a Departmental order based
 8    upon a finding by the Medical Disciplinary  Board  that  they
 9    have  been  determined to be recovered from mental illness by
10    the court and upon the  Disciplinary  Board's  recommendation
11    that they be permitted to resume their practice.
12        The  Department  may refuse to issue or take disciplinary
13    action concerning the license of any person who fails to file
14    a return, or to pay the tax, penalty or interest shown  in  a
15    filed  return, or to pay any final assessment of tax, penalty
16    or interest, as required by any tax Act administered  by  the
17    Illinois  Department  of  Revenue,  until  such  time  as the
18    requirements of any such tax Act are satisfied as  determined
19    by the Illinois Department of Revenue.
20        The   Department,   upon   the   recommendation   of  the
21    Disciplinary  Board,  shall  adopt  rules  which  set   forth
22    standards to be used in determining:
23             (a)  when  a  person  will  be  deemed  sufficiently
24        rehabilitated to warrant the public trust;
25             (b)  what  constitutes  dishonorable,  unethical  or
26        unprofessional  conduct of a character likely to deceive,
27        defraud, or harm the public;
28             (c)  what  constitutes  immoral   conduct   in   the
29        commission  of  any  act,  including, but not limited to,
30        commission of an act of sexual misconduct related to  the
31        licensee's practice; and
32             (d)  what   constitutes   gross  negligence  in  the
33        practice of medicine.
34        However, no such rule shall be admissible  into  evidence
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 1    in any civil action except for review of a licensing or other
 2    disciplinary action under this Act.
 3        In  enforcing  this  Section,  the  Medical  Disciplinary
 4    Board, upon a showing of a possible violation, may compel any
 5    individual  licensed  to  practice under this Act, or who has
 6    applied for licensure or a permit pursuant to  this  Act,  to
 7    submit  to  a  mental  or  physical  examination, or both, as
 8    required by and  at  the  expense  of  the  Department.   The
 9    examining physician or physicians shall be those specifically
10    designated   by   the   Disciplinary   Board.   The   Medical
11    Disciplinary  Board or the Department may order the examining
12    physician to present  testimony  concerning  this  mental  or
13    physical  examination  of  the  licensee  or  applicant.   No
14    information  shall be excluded by reason of any common law or
15    statutory privilege relating  to  communication  between  the
16    licensee  or  applicant  and  the  examining  physician.  The
17    individual  to  be  examined  may  have,  at  his  or her own
18    expense, another physician  of  his  or  her  choice  present
19    during  all  aspects  of  the  examination.    Failure of any
20    individual to submit to mental or physical examination,  when
21    directed,  shall  be  grounds  for  suspension  of his or her
22    license until such time as  the  individual  submits  to  the
23    examination if the Disciplinary Board finds, after notice and
24    hearing,  that  the  refusal to submit to the examination was
25    without reasonable cause.  If the Disciplinary Board finds  a
26    physician unable to practice because of the reasons set forth
27    in  this  Section,  the Disciplinary Board shall require such
28    physician to submit to  care,  counseling,  or  treatment  by
29    physicians  approved or designated by the Disciplinary Board,
30    as  a  condition  for  continued,  reinstated,   or   renewed
31    licensure  to  practice.   Any  physician,  whose license was
32    granted pursuant to Sections 9, 17, or 19 of  this  Act,  or,
33    continued,  reinstated,  renewed,  disciplined or supervised,
34    subject to such terms, conditions or restrictions  who  shall
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 1    fail  to  comply with such terms, conditions or restrictions,
 2    or to complete a required program  of  care,  counseling,  or
 3    treatment,  as determined by the Chief Medical Coordinator or
 4    Deputy  Medical  Coordinators,  shall  be  referred  to   the
 5    Director for a determination as to whether the licensee shall
 6    have  their  license suspended immediately, pending a hearing
 7    by  the  Disciplinary  Board.   In  instances  in  which  the
 8    Director immediately suspends a license under this Section, a
 9    hearing upon such person's license must be  convened  by  the
10    Disciplinary  Board  within 15 days after such suspension and
11    completed without appreciable delay.  The Disciplinary  Board
12    shall  have  the  authority to review the subject physician's
13    record of treatment and counseling regarding the  impairment,
14    to  the  extent  permitted by applicable federal statutes and
15    regulations  safeguarding  the  confidentiality  of   medical
16    records.
17        An  individual  licensed  under  this Act, affected under
18    this Section, shall be afforded an opportunity to demonstrate
19    to the Disciplinary Board that they can  resume  practice  in
20    compliance with acceptable and prevailing standards under the
21    provisions of their license.
22        The Department may promulgate rules for the imposition of
23    fines  in  disciplinary  cases, not to exceed $5,000 for each
24    violation of this Act.  Fines may be imposed  in  conjunction
25    with other forms of disciplinary action, but shall not be the
26    exclusive  disposition of any disciplinary action arising out
27    of conduct resulting in death or injury to  a  patient.   Any
28    funds  collected  from  such  fines shall be deposited in the
29    Medical Disciplinary Fund.
30        (B)  The Department shall revoke the license or  visiting
31    permit  of  any  person  issued  under  this  Act to practice
32    medicine or to treat human ailments without the use of  drugs
33    and  without  operative  surgery,  who  has  been convicted a
34    second time of  committing  any  felony  under  the  Illinois
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 1    Controlled Substances Act, or who has been convicted a second
 2    time  of  committing a Class 1 felony under Sections 8A-3 and
 3    8A-6 of the Illinois Public Aid Code.  A person whose license
 4    or visiting permit is revoked  under  this  subsection  B  of
 5    Section  22  of  this Act shall be prohibited from practicing
 6    medicine or treating human ailments without the use of  drugs
 7    and without operative surgery.
 8        (C)  The  Medical  Disciplinary  Board shall recommend to
 9    the Department civil  penalties  and  any  other  appropriate
10    discipline  in disciplinary cases when the Board finds that a
11    physician  willfully  performed  an  abortion   with   actual
12    knowledge  that  the  person  upon whom the abortion has been
13    performed is a minor or an incompetent person without  notice
14    as  required  under  the  Parental  Notice of Abortion Act of
15    1995.  Upon the Board's recommendation, the Department  shall
16    impose,  for  the  first violation, a civil penalty of $1,000
17    and for a second or subsequent violation, a civil penalty  of
18    $5,000.
19    (Source: P.A.   89-18,  eff.  6-1-95;  89-201,  eff.  1-1-96;
20    89-626,  eff.  8-9-96;  89-702,  eff.  7-1-97;  90-742,  eff.
21    8-13-98.)

22        Section 125.  The Criminal Code of  1961  is  amended  by
23    adding Section 12-35 as follows:

24        (720 ILCS 5/12-35 new)
25        Sec. 12-35.  Criminal cloning of humans.
26        (a)  No  person  shall  engage in activity which involves
27    the use of a human somatic cell nucleus  transfer  technology
28    to  produce  a  human  embryo  for the process of producing a
29    human clone.
30        (b)  Sentence.  A violation of this Section is a Class  4
31    felony.
32        (c)  Definition.   For  purposes  of this Section, "human
SB649 Engrossed             -15-               LRB9105901RCks
 1    clone" means  a  human  being  created  by  transferring  the
 2    nucleus  from  a human cell from whatever source into a human
 3    egg cell from which the nucleus  has  been  removed  for  the
 4    purpose  of, or to implant, the resulting product to initiate
 5    a pregnancy that could result in the birth of a human being.
 6        (d)  Nothing  in  this  Section  shall  be  construed  to
 7    restrict  or  prohibit  biomedical  research  using   cloning
 8    technology  that is not expressly prohibited by this Section,
 9    including the cloning of human genes, cells, and tissues.
10        (e)  Repealed.  This Section is repealed  on  January  1,
11    2005.

12        Section 999.  Effective date.  This Act takes effect upon
13    becoming law.

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