State of Illinois
92nd General Assembly

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 1        AN ACT in relation to medical matters.

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

 4        Section  5.   The Medical Practice Act of 1987 is amended
 5    by changing Section 7 as follows:

 6        (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
 7        Sec. 7.  Medical Disciplinary Board.
 8        (A) There is hereby created the  Illinois  State  Medical
 9    Disciplinary   Board   (hereinafter   referred   to   as  the
10    "Disciplinary Board").  The Disciplinary Board shall  consist
11    of 9 members, to be appointed by the Governor by and with the
12    advice  and consent of the Senate.  All shall be residents of
13    the State, not more than 5 of whom shall be  members  of  the
14    same  political  party.   Five  members  shall  be physicians
15    licensed to practice medicine  in  all  of  its  branches  in
16    Illinois  possessing  the  degree of doctor of medicine.  Two
17    shall be members of the public, who shall not be  engaged  in
18    any way, directly or indirectly, as providers of health care.
19    The  2  public  members  shall be voting members and shall be
20    appointed by the Governor by  and  with  the  advice  of  the
21    Senate  for  terms  of  4  years act as nonvoting, ex-officio
22    members and  shall  not  be  considered  in  determining  the
23    existence, or lack of existence, of a quorum for all purposes
24    for  which  a quorum may be called pursuant to this Act.  One
25    member shall be a physician licensed to practice in  Illinois
26    possessing  the degree of doctor of osteopathy or osteopathic
27    medicine.  One  member  shall  be  a  physician  licensed  to
28    practice  in  Illinois and possessing the degree of doctor of
29    chiropractic.
30        (B)  Members of the Disciplinary Board shall be appointed
31    for terms of 4 years.  Upon the expiration of the term of any
                            -2-                LRB9205785LDpr
 1    member, their successor shall be appointed for a  term  of  4
 2    years  by  the Governor by and with the advice and consent of
 3    the Senate.  The Governor shall  fill  any  vacancy  for  the
 4    remainder  of  the  unexpired term by and with the advice and
 5    consent of the Senate.  Upon recommendation of the Board, any
 6    member of the  Disciplinary  Board  may  be  removed  by  the
 7    Governor  for  misfeasance, malfeasance, or wilful neglect of
 8    duty, after notice, and a public hearing, unless such  notice
 9    and  hearing  shall  be  expressly  waived  in writing.  Each
10    member shall serve on  the  Disciplinary  Board  until  their
11    successor  is  appointed  and  qualified.   No  member of the
12    Disciplinary Board shall serve more than 2 consecutive 4 year
13    terms.
14        In making appointments  the  Governor  shall  attempt  to
15    insure  that the various social and geographic regions of the
16    State of Illinois are properly represented.
17        In making the designation  of  persons  to  act  for  the
18    several  professions  represented  on the Disciplinary Board,
19    the Governor shall give due consideration to  recommendations
20    by members of the respective professions and by organizations
21    therein.
22        (C)  The  Disciplinary  Board shall annually elect one of
23    its  voting  members  as  chairperson   and   one   as   vice
24    chairperson.   No officer shall be elected more than twice in
25    succession to the same  office.   Each  officer  shall  serve
26    until their successor has been elected and qualified.
27        (D)  (Blank).
28        (E)  Five  Four  voting members of the Disciplinary Board
29    shall constitute a quorum.  A vacancy in  the  membership  of
30    the Disciplinary Board shall not impair the right of a quorum
31    to  exercise all the rights and perform all the duties of the
32    Disciplinary Board.  Any action  taken  by  the  Disciplinary
33    Board  under  this Act may be authorized by resolution at any
34    regular or special meeting and  each  such  resolution  shall
                            -3-                LRB9205785LDpr
 1    take  effect  immediately.  The Disciplinary Board shall meet
 2    at least quarterly.  The Disciplinary Board is  empowered  to
 3    adopt all rules and regulations necessary and incident to the
 4    powers granted to it under this Act.
 5        (F)  Each member, and member-officer, of the Disciplinary
 6    Board shall receive a per diem stipend as the Director of the
 7    Department,  hereinafter  referred  to as the Director, shall
 8    determine.  The Director shall also determine  the  per  diem
 9    stipend  that  each  ex-officio  member  shall receive.  Each
10    member shall be paid their necessary expenses  while  engaged
11    in the performance of their duties.
12        (G)  The   Director   shall   select   a   Chief  Medical
13    Coordinator and a Deputy Medical Coordinator who shall not be
14    members of the Disciplinary Board.  Each medical  coordinator
15    shall  be a physician licensed to practice medicine in all of
16    its branches, and the  Director  shall  set  their  rates  of
17    compensation.    The   Director   shall  assign  one  medical
18    coordinator to a region composed  of  Cook  County  and  such
19    other counties as the Director may deem appropriate, and such
20    medical  coordinator  shall  locate  their office in Chicago.
21    The Director shall assign the remaining  medical  coordinator
22    to a region composed of the balance of counties in the State,
23    and  such  medical  coordinator  shall locate their office in
24    Springfield.  Each medical coordinator  shall  be  the  chief
25    enforcement  officer of this Act in their assigned region and
26    shall serve at the will of the Disciplinary Board.
27        The  Director  shall  employ,  in  conformity  with   the
28    Personnel  Code, not less than one full time investigator for
29    every  5000  physicians  licensed   in   the   State.    Each
30    investigator  shall  be  a  college  graduate with at least 2
31    years' investigative experience or one year advanced  medical
32    education.   Upon  the  written  request  of the Disciplinary
33    Board, the Director shall  employ,  in  conformity  with  the
34    Personnel   Code,   such   other   professional,   technical,
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 1    investigative,  and  clerical  help,  either  on  a  full  or
 2    part-time basis as the Disciplinary Board deems necessary for
 3    the proper performance of its duties.
 4        (H)  Upon the specific request of the Disciplinary Board,
 5    signed  by  either  the chairman, vice chairman, or a medical
 6    coordinator of the  Disciplinary  Board,  the  Department  of
 7    Human  Services  or the Department of State Police shall make
 8    available any and all information that  they  have  in  their
 9    possession   regarding   a   particular   case   then   under
10    investigation by the Disciplinary Board.
11        (I)  Members  of  the  Disciplinary Board shall be immune
12    from  suit  in  any  action  based  upon   any   disciplinary
13    proceedings  or other acts performed in good faith as members
14    of the Disciplinary Board.
15        (J)  The Disciplinary Board may compile and  establish  a
16    statewide    roster   of   physicians   and   other   medical
17    professionals, including the several medical specialties,  of
18    such physicians and medical professionals, who have agreed to
19    serve   from   time  to  time  as  advisors  to  the  medical
20    coordinators.   Such  advisors  shall  assist   the   medical
21    coordinators  in  their  investigations  and participation in
22    complaints against physicians.   Such  advisors  shall  serve
23    under  contract  and shall be reimbursed at a reasonable rate
24    for the services provided, plus reasonable expenses incurred.
25    While serving in this capacity,  the  advisor,  for  any  act
26    undertaken  in  good faith and in the conduct of their duties
27    under this Section, shall be immune from civil suit.
28    (Source: P.A. 89-507, eff. 7-1-97; 89-702, eff. 7-1-97.)

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