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91_SB0649eng 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 This Act is repealed on January 1, 14 2005. 15 Section 105.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 SB649 Engrossed -4- LRB9105901RCks 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. SB649 Engrossed -5- LRB9105901RCks 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, SB649 Engrossed -6- LRB9105901RCks 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, SB649 Engrossed -7- LRB9105901RCks 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 SB649 Engrossed -8- LRB9105901RCks 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. SB649 Engrossed -10- LRB9105901RCks 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 SB649 Engrossed -11- LRB9105901RCks 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 SB649 Engrossed -12- LRB9105901RCks 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 SB649 Engrossed -13- LRB9105901RCks 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 SB649 Engrossed -14- LRB9105901RCks 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.