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92_HB1864
LRB9205359DJgcA
1 AN ACT in relation to health.
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 Woman's Right to Know Act.
6 Section 5. Legislative findings and intent.
7 (a) The General Assembly of the State of Illinois finds
8 that:
9 (1) Many women now seek or are encouraged to undergo
10 elective abortions without full knowledge of the medical
11 and psychological risks of abortion, development of the
12 unborn child, or alternatives to abortion. An abortion
13 decision is often made under stressful circumstances.
14 (2) The knowledgeable exercise of a woman's decision
15 to have an elective abortion depends on the extent to
16 which the woman receives sufficient information to make a
17 voluntary and informed choice between 2 alternatives of
18 great consequence: carrying a child to birth or
19 undergoing an abortion.
20 (3) The U.S. Supreme Court has stated: "In
21 attempting to ensure that a woman apprehends the full
22 consequences of her decision, the State furthers the
23 legitimate purpose of reducing the risk that a woman may
24 elect an abortion, only to discover later, with
25 devastating psychological consequences, that her decision
26 was not fully informed." (Planned Parenthood of
27 Southeastern Pennsylvania v. Casey, 112 U.S. 2791, 2823
28 (1992).
29 (4) The decision to abort "is an important, and
30 often a stressful one, and it is desirable and imperative
31 that it be made with full knowledge of its nature and
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1 consequences." (Planned Parenthood v. Danforth, 428 U.S.
2 52, 67 (1976).
3 (5) It is essential to the psychological and
4 physical well-being of a woman considering an elective
5 abortion that she receive complete and accurate
6 information on all options available to her in dealing
7 with her pregnancy.
8 (6) Women who seek elective abortions at abortion
9 clinics do not have a prior patient-physician
10 relationship with the physician who is to perform or
11 induce the abortion, normally do not return to the
12 facility for post-operative care, and normally do not
13 continue a patient-physician relationship with the
14 physician who performed or induced the abortion. In most
15 instances, the woman's only actual contact with the
16 physician occurs simultaneously with the abortion
17 procedure, with little opportunity to receive personal
18 counseling by the physician concerning her decision.
19 Because of this, certain safeguards are necessary to
20 protect a woman's right to know.
21 (7) A reasonable waiting period is critical to
22 ensure that a woman has the fullest opportunity to give
23 her voluntary and informed consent before she elects to
24 undergo an abortion.
25 (b) Based on the findings in subsection (a), it is the
26 intent of the legislature in enacting this Act to further the
27 important and compelling State interests in all of the
28 following:
29 (1) Protecting the life and health of the woman
30 subject to an elective abortion and, to the extent
31 constitutionally permissible, the life of her unborn
32 child.
33 (2) Fostering the development of standards of
34 professional conduct in the practice of abortion.
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1 (3) Ensuring that prior to the performance or
2 inducement of an elective abortion, the woman considering
3 an elective abortion receives personal counseling by the
4 physician and is given a full range of information
5 regarding her pregnancy, her unborn child, the abortion,
6 the medical and psychological risks of abortion, and
7 available alternatives to the abortion.
8 (4) Reducing the risk that a woman may elect an
9 abortion, only to discover later, with devastating
10 psychological consequences, that her decision was not
11 fully informed. Planned Parenthood v. Casey, 112 S. Ct.
12 2971, 2823 (1992).
13 (5) Ensuring that a woman who decides to have an
14 elective abortion gives her voluntary and informed
15 consent to the abortion procedure.
16 Section 10. Definitions. As used in this Act:
17 "Abortion" means the use of any instrument, medicine,
18 drug, or other substance or device to terminate the pregnancy
19 of a woman known to be pregnant with an intention other than
20 to increase the probability of a live birth, to preserve the
21 life or health of a child after birth, or to remove a dead
22 fetus.
23 "Department" means the Department of Public Health of the
24 State of Illinois.
25 "Medical emergency" means any condition that, on the
26 basis of the physician's good faith clinical judgment, so
27 complicates the medical condition of a pregnant female as to
28 necessitate the immediate abortion of her pregnancy to avert
29 her death or for which a delay will create serious risk of
30 substantial and irreversible impairment of a major bodily
31 function.
32 "Probable gestational age of the unborn child" means the
33 number of weeks that have elapsed from the probable time of
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1 fertilization of a woman's ovum, based on the information
2 provided by the woman as to the time of her last menstrual
3 period, her medical history, a physical examination performed
4 by the physician who is to perform or induce the abortion or
5 by any other physician, and any appropriate laboratory tests
6 performed on her.
7 "Qualified person assisting the physician" means a
8 licensed social worker, a registered nurse, or a physician
9 assistant to whom a physician who is to perform or induce an
10 abortion has delegated the responsibility, as the physician's
11 agent, for providing the information required under Section
12 15.
13 "Referring physician" means a physician, as defined in
14 this Act, who is other than the physician who is to perform
15 the abortion.
16 "Physician" means any person licensed to practice
17 medicine in all its branches under the Medical Practice Act
18 of 1987.
19 "Viability" means the state of fetal development when, in
20 the judgment of the physician based on the particular facts
21 of the case before him or her and in light of the most
22 advanced medical technology and information available to him
23 or her, there is a reasonable likelihood of sustained
24 survival of the unborn child outside the body of his or her
25 mother, with or without artificial support.
26 Section 15. Informed consent requirement.
27 (a) An abortion shall not be performed or induced unless
28 the woman upon whom the abortion is to be performed or
29 induced has given her voluntary and informed consent.
30 (b) Consent under this Section to an abortion is
31 voluntary only if the consent is given freely and without
32 coercion by any person.
33 (c) Except in the case of a medical emergency, consent to
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1 an abortion is voluntary and informed if and only if:
2 (1) At least 24 hours before the abortion is to be
3 performed or induced, the physician who is to perform or
4 induce the abortion or the referring physician has, in
5 person, orally informed the woman of all of the
6 following:
7 (A) The name of the physician who will perform
8 the abortion.
9 (B) Whether, according to the reasonable
10 medical judgment of the physician, the woman is
11 pregnant.
12 (C) The probable gestational age of the unborn
13 child at the time that the information is provided.
14 (D) The particular medical risks, if any,
15 associated with the woman's pregnancy.
16 (E) The probable anatomical and physiological
17 characteristics of the woman's unborn child at the
18 time the information is given.
19 (F) The details of the medical or surgical
20 method that would be used in performing or inducing
21 the abortion.
22 (G) The medical risks associated with the
23 particular abortion procedure that would be used,
24 including but not limited to the medical risks of
25 infection, psychological trauma, hemorrhage,
26 endometritis, perforated uterus, breast cancer,
27 incomplete abortion, failed abortion, danger to
28 subsequent pregnancies, and infertility.
29 (H) The recommended general medical
30 instructions for the woman to follow after an
31 abortion to enhance her safe recovery and the name
32 and telephone number of a physician to call if
33 complications arise after the abortion.
34 (I) If, in the reasonable medical judgment of
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1 the physician, the woman's unborn child has reached
2 viability, that the physician who is to perform or
3 induce the abortion or a second physician is
4 required to take all reasonable steps necessary to
5 maintain the life and health of the child.
6 (J) Any other information that a reasonable
7 patient would consider material and relevant to a
8 decision of whether to carry a child to birth or to
9 undergo an abortion.
10 (K) That the woman may withdraw her consent to
11 have an abortion at any time before the abortion is
12 performed or induced.
13 (L) That, except as provided in Section 25, the
14 woman is not required to pay any amount for
15 performance or inducement of the abortion until at
16 least 24 hours have elapsed after the requirements
17 of this Section are met.
18 (2) Except as provided in Section 25, at least 24
19 hours before the abortion is to be performed or induced,
20 the physician who is to perform or induce the abortion, a
21 qualified person assisting the physician, or another
22 physician has, in person, orally informed the woman of
23 all of the following:
24 (A) Medical assistance benefits may be
25 available for prenatal care, childbirth, and
26 neonatal care, and that more detailed information on
27 the availability of such assistance is contained in
28 the printed materials given to her and described in
29 Section 20.
30 (B) That the father of the unborn child is
31 liable for assistance in the support of the woman's
32 child, if born, even if the father has offered to
33 pay for the abortion. In the case of rape or incest,
34 this information may be omitted.
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1 (C) The probable gestational age of the unborn
2 child at the time the abortion is to be performed,
3 and, if the unborn child is viable or has reached
4 the gestational age of 24 weeks, that (i) the unborn
5 child may be able to survive outside the womb; (ii)
6 the woman has the right to request the physician to
7 use the method of abortion that is most likely to
8 preserve the life of the unborn child; and (iii) if
9 the unborn child is born alive, the attending
10 physician has the legal obligation to take all
11 reasonable steps necessary to maintain the life and
12 health of the child.
13 (D) That the woman has the right to receive and
14 review the printed materials described in Section
15 20.
16 (E) That the physician or qualified person
17 assisting the physician must (i) physically give the
18 materials to the woman and must, in person, orally
19 inform her that the materials are free of charge,
20 have been provided by the State, and describe the
21 unborn child and list agencies that offer
22 alternatives to abortion and that the physician or
23 other person will provide her with the current
24 updated copies of the printed materials free of
25 charge.
26 (3) The information that is required under
27 subdivisions (c)(1) and (c)(2) is provided to the woman
28 in an individual setting that protects her privacy,
29 maintains the confidentiality of her decision, and
30 ensures that the information she receives focuses on her
31 individual circumstances. This paragraph (3) may not be
32 construed to prevent the woman from having a family
33 member or legal guardian, or any other person of her
34 choice, present during her private counseling.
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1 (4) Whoever provides the information that is
2 required under subdivision (c)(1) or (c)(2), or both,
3 provides adequate opportunity for the woman to ask
4 questions, including questions concerning the pregnancy,
5 her unborn child, abortion, and adoption, and provides
6 the information that is requested or indicates to the
7 woman where she can obtain the information.
8 (5) The woman certifies in writing on a form that
9 the Department shall provide, prior to performance or
10 inducement of the abortion, that the information that is
11 required under subdivisions (c)(1) and (c)(2) has been
12 provided to her in the manner specified in subdivision
13 (c)(3), that she has been offered the information
14 described in Section 20, and that all of her questions,
15 as specified under subdivision (c)(4) have been answered
16 in a satisfactory manner. The physician who is to
17 perform or induce the abortion or the qualified person
18 assisting the physician shall write on the certification
19 form the name of the physician who is to perform or
20 induce the abortion. The woman shall indicate on the
21 certification form who provided the information to her
22 and when it was provided.
23 (6) Prior to the performance or the inducement of
24 the abortion, the physician who is to perform or induce
25 the abortion or the qualified person assisting the
26 physician receives the written certification that is
27 required under subdivision (c)(5). The physician or
28 qualified person assisting the physician shall place the
29 certification in the woman's medical record and shall
30 provide the woman with a copy of the certification.
31 (7) If the woman considering an abortion has been
32 adjudicated incompetent, the requirements to provide
33 information to the woman under Section 15 apply to also
34 require provision of the information to the person
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1 appointed as the woman's guardian.
2 Section 20. Publication of materials.
3 (a) Within 90 days after the effective date of this Act,
4 the Department shall cause to be published in English,
5 Spanish, and other languages spoken by a significant number
6 of State residents, as determined by the Department,
7 materials that are in an easily comprehensible format and are
8 printed in type of not less than 12-point size. The
9 Department shall update on an annual basis the following
10 materials:
11 (1) Geographically indexed materials that are
12 designed to inform a woman about public and private
13 agencies, including adoption agencies, available to
14 assist her through pregnancy, upon childbirth, and while
15 the child is dependent. The materials shall include a
16 comprehensive list of the agencies available, a
17 description of the services that they offer, and a
18 description of the manner in which they may be contacted,
19 including telephone numbers and addresses. The materials
20 shall include a toll-free, 24-hour telephone number that
21 may be called to obtain an oral listing of available
22 agencies and services in the locality of the caller and a
23 description of the services that the agencies offer and
24 the manner in which they may be contacted. The materials
25 shall provide information on the availability of
26 governmentally funded programs that serve pregnant women
27 and children. Services identified for the woman shall
28 include temporary assistance for needy families, medical
29 assistance for pregnant women and children, the
30 availability of family or medical leave, child care
31 services, child support laws, and programs and the credit
32 for expenses for household and dependent care and
33 services necessary for gainful employment. The materials
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1 shall state that it is unlawful to perform an abortion
2 for which consent has been coerced, that any physician
3 who performs or induces an abortion without obtaining the
4 woman's voluntary and informed consent is liable to her
5 for damages in a civil action and is subject to a civil
6 penalty, that the father of a child is liable for
7 assistance in the support of the child, even in instances
8 in which the father has offered to pay for an abortion,
9 and that adoptive parents may pay the costs of prenatal
10 care, childbirth, and neonatal care. The material shall
11 include the following statement: "There are many public
12 and private agencies willing and able to help you to
13 carry your child to term, and to assist you and your
14 child after your child is born, whether you choose to
15 keep your child or to place her or him for adoption. The
16 State of Illinois strongly urges you to contact one or
17 more of these agencies before making a final decision
18 about abortion. The law requires that your physician or
19 his or her agent give you the opportunity to call
20 agencies like these before you undergo an abortion." The
21 materials shall include information, for a woman whose
22 pregnancy is the result of sexual assault or incest, on
23 legal protections available to the woman and her child if
24 she wishes to oppose establishment of paternity or to
25 terminate the father's parental rights.
26 (2) Materials, including photographs, pictures, or
27 drawings, that are designed to inform the woman of the
28 probable anatomical and physiological characteristics of
29 the unborn child at 2-week gestational increments for the
30 first 16 weeks of her pregnancy and at 4-week gestational
31 increments from the 17th week of the pregnancy to full
32 term, including any relevant information regarding the
33 time at which the unborn child could possibly be viable.
34 The pictures or drawings must contain the dimensions of
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1 the unborn child and must be realistic and appropriate
2 for the stage of pregnancy depicted. The materials shall
3 be objective, nonjudgmental, and designed to convey only
4 accurate scientific information about the unborn child at
5 the various gestational ages, including appearance,
6 mobility, brain and heart activity and function, tactile
7 sensitivity, and the presence of internal organs and
8 external members. The materials shall also contain
9 objective, accurate information describing the methods of
10 abortion procedures commonly employed, the medical and
11 psychological risks commonly associated with each such
12 procedure, including the risks of infection,
13 psychological trauma, hemorrhage, endometritis,
14 perforated uterus, breast cancer, incomplete abortion,
15 failed abortion, danger to subsequent pregnancies, and
16 infertility, and the medical risks commonly associated
17 with carrying a child to birth.
18 (3) A certification form for use under subdivision
19 (c)(5) of Section 15 that lists, in a check-off format,
20 all of the information required to be provided under that
21 Section.
22 (b) A physician who intends to perform or induce an
23 abortion or a referring physician, who reasonably believes
24 that he or she might have a patient for whom the information
25 in subsection (a) is required to be given, shall request a
26 reasonably adequate number of the materials that are
27 described in subsection (a) from the Department.
28 Section 25. Medical emergencies. If a medical emergency
29 exists, the physician who is to perform or induce the
30 abortion necessitated by the medical emergency shall inform
31 the woman, prior to the abortion if possible, of the medical
32 indications supporting the physician's reasonable medical
33 judgment that an immediate abortion is necessary to avert her
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1 death or that a 24-hour delay in performance or inducement of
2 an abortion will create a serious risk of substantial and
3 irreversible impairment of one or more of the woman's major
4 bodily functions. If possible, the physician shall obtain
5 the woman's written consent prior to the abortion. The
6 physician shall certify these medical indications in writing
7 and place the certification in the woman's medical record.
8 Section 30. Pregnancy as the result of sexual assault or
9 incest. A woman seeking an abortion may waive the 24-hour
10 period required under subdivision (c)(1) of Section 15, if
11 the woman alleges that the pregnancy is the result of sexual
12 assault.
13 Section 35. Violation; penalty. A physician's violation
14 of this Act is grounds for disciplinary action under the
15 Medical Practice Act of 1987.
16 Section 40. Civil remedies.
17 (a) A person who violates Section 15 is liable to the
18 woman on or for whom the abortion was performed or induced
19 for damages arising out of the performance or inducement of
20 the abortion, including damages for personal injury and
21 emotional and psychological distress.
22 (b) A person who recovers damages under subsection (a)
23 may also recover reasonable attorney fees incurred in
24 connection with the action.
25 (c) A contract is not a defense to an action under this
26 subsection.
27 (d) Nothing in this Act limits the common law rights of a
28 person that are not in conflict with this Act.
29 Section 50. Construction. Nothing in this Act shall be
30 construed as creating or recognizing a right to abortion or
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1 as making lawful an abortion that is otherwise unlawful.
2 Section 55. Severability. If any provision, word, phrase,
3 or clause of this Act or its application to any person or
4 circumstance is held invalid, the invalidity of that
5 provision or application does not affect the provisions,
6 words, phrases, clauses, or applications of the Act which can
7 be given effect without the invalid provision, word, phrase,
8 clause, or application, and to this end the provisions,
9 words, phrases, and clauses of this Act are declared to be
10 severable.
11 Section 90. The Medical Practice Act of 1987 is amended
12 by changing Section 22 as follows:
13 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
14 Sec. 22. Disciplinary action.
15 (A) The Department may revoke, suspend, place on
16 probationary status, or take any other disciplinary action as
17 the Department may deem proper with regard to the license or
18 visiting professor permit of any person issued under this Act
19 to practice medicine, or to treat human ailments without the
20 use of drugs and without operative surgery upon any of the
21 following grounds:
22 (1) Performance of an elective abortion in any
23 place, locale, facility, or institution other than:
24 (a) a facility licensed pursuant to the
25 Ambulatory Surgical Treatment Center Act;
26 (b) an institution licensed under the Hospital
27 Licensing Act; or
28 (c) an ambulatory surgical treatment center or
29 hospitalization or care facility maintained by the
30 State or any agency thereof, where such department
31 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
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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) Repeated failure to adequately collaborate
8 with or provide medical direction to a licensed advanced
9 practice nurse.
10 (44) Violating the Woman's Right to Know Act.
11 All proceedings to suspend, revoke, place on probationary
12 status, or take any other disciplinary action as the
13 Department may deem proper, with regard to a license on any
14 of the foregoing grounds, must be commenced within 3 years
15 next after receipt by the Department of a complaint alleging
16 the commission of or notice of the conviction order for any
17 of the acts described herein. Except for the grounds
18 numbered (8), (9) and (29), no action shall be commenced more
19 than 5 years after the date of the incident or act alleged to
20 have violated this Section. In the event of the settlement
21 of any claim or cause of action in favor of the claimant or
22 the reduction to final judgment of any civil action in favor
23 of the plaintiff, such claim, cause of action or civil action
24 being grounded on the allegation that a person licensed under
25 this Act was negligent in providing care, the Department
26 shall have an additional period of one year from the date of
27 notification to the Department under Section 23 of this Act
28 of such settlement or final judgment in which to investigate
29 and commence formal disciplinary proceedings under Section 36
30 of this Act, except as otherwise provided by law. The time
31 during which the holder of the license was outside the State
32 of Illinois shall not be included within any period of time
33 limiting the commencement of disciplinary action by the
34 Department.
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1 The entry of an order or judgment by any circuit court
2 establishing that any person holding a license under this Act
3 is a person in need of mental treatment operates as a
4 suspension of that license. That person may resume their
5 practice only upon the entry of a Departmental order based
6 upon a finding by the Medical Disciplinary Board that they
7 have been determined to be recovered from mental illness by
8 the court and upon the Disciplinary Board's recommendation
9 that they be permitted to resume their practice.
10 The Department may refuse to issue or take disciplinary
11 action concerning the license of any person who fails to file
12 a return, or to pay the tax, penalty or interest shown in a
13 filed return, or to pay any final assessment of tax, penalty
14 or interest, as required by any tax Act administered by the
15 Illinois Department of Revenue, until such time as the
16 requirements of any such tax Act are satisfied as determined
17 by the Illinois Department of Revenue.
18 The Department, upon the recommendation of the
19 Disciplinary Board, shall adopt rules which set forth
20 standards to be used in determining:
21 (a) when a person will be deemed sufficiently
22 rehabilitated to warrant the public trust;
23 (b) what constitutes dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud, or harm the public;
26 (c) what constitutes immoral conduct in the
27 commission of any act, including, but not limited to,
28 commission of an act of sexual misconduct related to the
29 licensee's practice; and
30 (d) what constitutes gross negligence in the
31 practice of medicine.
32 However, no such rule shall be admissible into evidence
33 in any civil action except for review of a licensing or other
34 disciplinary action under this Act.
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1 In enforcing this Section, the Medical Disciplinary
2 Board, upon a showing of a possible violation, may compel any
3 individual licensed to practice under this Act, or who has
4 applied for licensure or a permit pursuant to this Act, to
5 submit to a mental or physical examination, or both, as
6 required by and at the expense of the Department. The
7 examining physician or physicians shall be those specifically
8 designated by the Disciplinary Board. The Medical
9 Disciplinary Board or the Department may order the examining
10 physician to present testimony concerning this mental or
11 physical examination of the licensee or applicant. No
12 information shall be excluded by reason of any common law or
13 statutory privilege relating to communication between the
14 licensee or applicant and the examining physician. The
15 individual to be examined may have, at his or her own
16 expense, another physician of his or her choice present
17 during all aspects of the examination. Failure of any
18 individual to submit to mental or physical examination, when
19 directed, shall be grounds for suspension of his or her
20 license until such time as the individual submits to the
21 examination if the Disciplinary Board finds, after notice and
22 hearing, that the refusal to submit to the examination was
23 without reasonable cause. If the Disciplinary Board finds a
24 physician unable to practice because of the reasons set forth
25 in this Section, the Disciplinary Board shall require such
26 physician to submit to care, counseling, or treatment by
27 physicians approved or designated by the Disciplinary Board,
28 as a condition for continued, reinstated, or renewed
29 licensure to practice. Any physician, whose license was
30 granted pursuant to Sections 9, 17, or 19 of this Act, or,
31 continued, reinstated, renewed, disciplined or supervised,
32 subject to such terms, conditions or restrictions who shall
33 fail to comply with such terms, conditions or restrictions,
34 or to complete a required program of care, counseling, or
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1 treatment, as determined by the Chief Medical Coordinator or
2 Deputy Medical Coordinators, shall be referred to the
3 Director for a determination as to whether the licensee shall
4 have their license suspended immediately, pending a hearing
5 by the Disciplinary Board. In instances in which the
6 Director immediately suspends a license under this Section, a
7 hearing upon such person's license must be convened by the
8 Disciplinary Board within 15 days after such suspension and
9 completed without appreciable delay. The Disciplinary Board
10 shall have the authority to review the subject physician's
11 record of treatment and counseling regarding the impairment,
12 to the extent permitted by applicable federal statutes and
13 regulations safeguarding the confidentiality of medical
14 records.
15 An individual licensed under this Act, affected under
16 this Section, shall be afforded an opportunity to demonstrate
17 to the Disciplinary Board that they can resume practice in
18 compliance with acceptable and prevailing standards under the
19 provisions of their license.
20 The Department may promulgate rules for the imposition of
21 fines in disciplinary cases, not to exceed $5,000 for each
22 violation of this Act. Fines may be imposed in conjunction
23 with other forms of disciplinary action, but shall not be the
24 exclusive disposition of any disciplinary action arising out
25 of conduct resulting in death or injury to a patient. Any
26 funds collected from such fines shall be deposited in the
27 Medical Disciplinary Fund.
28 (B) The Department shall revoke the license or visiting
29 permit of any person issued under this Act to practice
30 medicine or to treat human ailments without the use of drugs
31 and without operative surgery, who has been convicted a
32 second time of committing any felony under the Illinois
33 Controlled Substances Act, or who has been convicted a second
34 time of committing a Class 1 felony under Sections 8A-3 and
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1 8A-6 of the Illinois Public Aid Code. A person whose license
2 or visiting permit is revoked under this subsection B of
3 Section 22 of this Act shall be prohibited from practicing
4 medicine or treating human ailments without the use of drugs
5 and without operative surgery.
6 (C) The Medical Disciplinary Board shall recommend to
7 the Department civil penalties and any other appropriate
8 discipline in disciplinary cases when the Board finds that a
9 physician willfully performed an abortion with actual
10 knowledge that the person upon whom the abortion has been
11 performed is a minor or an incompetent person without notice
12 as required under the Parental Notice of Abortion Act of
13 1995. Upon the Board's recommendation, the Department shall
14 impose, for the first violation, a civil penalty of $1,000
15 and for a second or subsequent violation, a civil penalty of
16 $5,000.
17 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
18 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
19 8-13-98.)
20 Section 99. Effective date. This Act takes effect 90
21 days after becoming law.