Bill Amendment: IL SB0145 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PHYSICIAN ASSISTANTS-VARIOUS
Status: 2022-05-06 - Public Act . . . . . . . . . 102-0735 [SB0145 Detail]
Download: Illinois-2021-SB0145-Senate_Amendment_001.html
Bill Title: PHYSICIAN ASSISTANTS-VARIOUS
Status: 2022-05-06 - Public Act . . . . . . . . . 102-0735 [SB0145 Detail]
Download: Illinois-2021-SB0145-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 145
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2 | AMENDMENT NO. ______. Amend Senate Bill 145 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Physician Assistant Practice Act of 1987 | ||||||
5 | is amended by changing Sections 6, 7, and 21 as follows:
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6 | (225 ILCS 95/6) (from Ch. 111, par. 4606)
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7 | (Section scheduled to be repealed on January 1, 2028)
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8 | Sec. 6. Physician assistant title.
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9 | (a) No physician assistant shall use
the title of doctor, | ||||||
10 | physician, or associate with his or her name or any other term | ||||||
11 | that
would indicate to other persons that he or she is | ||||||
12 | qualified to engage in the
general practice of medicine.
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13 | (b) A physician assistant shall verbally identify himself | ||||||
14 | or herself as a physician assistant, including specialty | ||||||
15 | certification, to each patient. | ||||||
16 | (c) Nothing in this Act shall be construed to relieve a |
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1 | physician assistant of the professional or legal | ||||||
2 | responsibility for the care and treatment of persons attended | ||||||
3 | by him or her.
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4 | (d) The collaborating physician shall file with the | ||||||
5 | Department notice of
employment, discharge, or collaboration | ||||||
6 | with a physician assistant within 60 days at the
time of | ||||||
7 | employment, discharge, or assumption of collaboration with a
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8 | physician assistant. Nothing in this Section shall prevent a | ||||||
9 | physician assistant from beginning his or her employment | ||||||
10 | before the notice of employment or collaboration has been | ||||||
11 | filed.
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12 | (Source: P.A. 100-453, eff. 8-25-17.)
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13 | (225 ILCS 95/7) (from Ch. 111, par. 4607)
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14 | (Section scheduled to be repealed on January 1, 2028)
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15 | Sec. 7. Collaboration requirements. | ||||||
16 | (a) A collaborating physician shall determine the number | ||||||
17 | of physician assistants to collaborate with, provided the | ||||||
18 | physician is able to provide adequate collaboration as | ||||||
19 | outlined in the written collaborative agreement required under | ||||||
20 | Section 7.5 of this Act and consideration is given to the | ||||||
21 | nature of the physician's practice, complexity of the patient | ||||||
22 | population, and the experience of each physician assistant. A | ||||||
23 | collaborating physician may collaborate with a maximum of 7 | ||||||
24 | full-time equivalent physician assistants as described in | ||||||
25 | Section 54.5 of the Medical Practice Act of 1987. As used in |
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1 | this Section, "full-time equivalent" means the equivalent of | ||||||
2 | 40 hours per week per individual. Physicians and physician | ||||||
3 | assistants who work in a hospital, hospital affiliate, or | ||||||
4 | ambulatory surgical treatment center as defined by Section 7.7 | ||||||
5 | of this Act are exempt from the collaborative ratio | ||||||
6 | restriction requirements of this Section. A physician | ||||||
7 | assistant shall be able to
hold more than one professional | ||||||
8 | position. A physician assistant collaborating physician shall
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9 | maintain at the physician assistant's practice location file a | ||||||
10 | notice of collaboration for each physician with whom the | ||||||
11 | physician assistant collaborates of each physician assistant | ||||||
12 | according to the
rules of the Department.
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13 | Physician assistants shall collaborate only with | ||||||
14 | physicians as defined in
this Act
who are engaged in clinical | ||||||
15 | practice, or in clinical practice in
public health or other | ||||||
16 | community health facilities.
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17 | Nothing in this Act shall be construed to limit the | ||||||
18 | delegation of tasks or
duties by a physician to a nurse or | ||||||
19 | other appropriately trained personnel.
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20 | Nothing in this Act
shall be construed to prohibit the | ||||||
21 | employment of physician assistants by
a hospital, nursing | ||||||
22 | home , or other health care facility where such physician
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23 | assistants function under a collaborating physician.
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24 | A physician assistant may be employed by a practice group | ||||||
25 | or other entity
employing multiple physicians at one or more | ||||||
26 | locations. In that case, one of
the
physicians practicing at a |
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1 | location shall be designated the collaborating
physician. The | ||||||
2 | other physicians with that practice group or other entity who
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3 | practice in the same general type of practice or specialty
as | ||||||
4 | the collaborating physician may collaborate with the physician | ||||||
5 | assistant with respect
to their patients.
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6 | (b) A physician assistant licensed in this State, or | ||||||
7 | licensed or authorized to practice in any other U.S. | ||||||
8 | jurisdiction or credentialed by his or her federal employer as | ||||||
9 | a physician assistant, who is responding to a need for medical | ||||||
10 | care created by an emergency or by a state or local disaster | ||||||
11 | may render such care that the physician assistant is able to | ||||||
12 | provide without collaboration as it is defined in this Section | ||||||
13 | or with such collaboration as is available.
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14 | Any physician who collaborates with a physician assistant | ||||||
15 | providing medical care in response to such an emergency or | ||||||
16 | state or local disaster shall not be required to meet the | ||||||
17 | requirements set forth in this Section for a collaborating | ||||||
18 | physician. | ||||||
19 | (Source: P.A. 100-453, eff. 8-25-17; 100-605, eff. 1-1-19 .)
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20 | (225 ILCS 95/21) (from Ch. 111, par. 4621)
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21 | (Section scheduled to be repealed on January 1, 2028)
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22 | Sec. 21. Grounds for disciplinary action.
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23 | (a) The Department may refuse to issue or to renew, or may
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24 | revoke, suspend, place on probation, reprimand, or take other
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25 | disciplinary or non-disciplinary action with regard to any |
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1 | license issued under this Act as the
Department may deem | ||||||
2 | proper, including the issuance of fines not to exceed
$10,000
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3 | for each violation, for any one or combination of the | ||||||
4 | following causes:
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5 | (1) Material misstatement in furnishing information to | ||||||
6 | the Department.
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7 | (2) Violations of this Act, or the rules adopted under | ||||||
8 | this Act.
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9 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
10 | finding of guilt, jury verdict, or entry of judgment or | ||||||
11 | sentencing, including, but not limited to, convictions, | ||||||
12 | preceding sentences of supervision, conditional discharge, | ||||||
13 | or first offender probation, under the laws of any | ||||||
14 | jurisdiction of the United States that is: (i) a felony; | ||||||
15 | or (ii) a misdemeanor, an essential element of which is | ||||||
16 | dishonesty, or that is directly related to the practice of | ||||||
17 | the profession.
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18 | (4) Making any misrepresentation for the purpose of | ||||||
19 | obtaining licenses.
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20 | (5) Professional incompetence.
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21 | (6) Aiding or assisting another person in violating | ||||||
22 | any provision of this
Act or its rules.
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23 | (7) Failing, within 60 days, to provide information in | ||||||
24 | response to a
written request made by the Department.
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25 | (8) Engaging in dishonorable, unethical, or | ||||||
26 | unprofessional conduct, as
defined by rule, of a character |
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1 | likely to deceive, defraud, or harm the public.
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2 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
3 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
4 | that results in a physician
assistant's inability to | ||||||
5 | practice with reasonable judgment, skill, or safety.
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6 | (10) Discipline by another U.S. jurisdiction or | ||||||
7 | foreign nation, if at
least one of the grounds for | ||||||
8 | discipline is the same or substantially equivalent
to | ||||||
9 | those set forth in this Section.
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10 | (11) Directly or indirectly giving to or receiving | ||||||
11 | from any person, firm,
corporation, partnership, or | ||||||
12 | association any fee, commission, rebate or
other form of | ||||||
13 | compensation for any professional services not actually or
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14 | personally rendered. Nothing in this paragraph (11) | ||||||
15 | affects any bona fide independent contractor or employment | ||||||
16 | arrangements, which may include provisions for | ||||||
17 | compensation, health insurance, pension, or other | ||||||
18 | employment benefits, with persons or entities authorized | ||||||
19 | under this Act for the provision of services within the | ||||||
20 | scope of the licensee's practice under this Act.
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21 | (12) A finding by the Disciplinary Board that the | ||||||
22 | licensee, after having
his or her license placed on | ||||||
23 | probationary status has violated the terms of
probation.
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24 | (13) Abandonment of a patient.
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25 | (14) Willfully making or filing false records or | ||||||
26 | reports in his or her
practice, including , but not limited |
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1 | to , false records filed with state agencies
or | ||||||
2 | departments.
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3 | (15) Willfully failing to report an instance of | ||||||
4 | suspected child abuse or
neglect as required by the Abused | ||||||
5 | and Neglected Child Reporting Act.
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6 | (16) Physical illness, or mental illness or impairment
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7 | that results in the inability to practice the profession | ||||||
8 | with
reasonable judgment, skill, or safety, including, but | ||||||
9 | not limited to, deterioration through the aging process or | ||||||
10 | loss of motor skill.
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11 | (17) Being named as a perpetrator in an indicated | ||||||
12 | report by the
Department of Children and Family Services | ||||||
13 | under the Abused and
Neglected Child Reporting Act, and | ||||||
14 | upon proof by clear and convincing evidence
that the | ||||||
15 | licensee has caused a child to be an abused child or | ||||||
16 | neglected child
as defined in the Abused and Neglected | ||||||
17 | Child Reporting Act.
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18 | (18) (Blank).
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19 | (19) Gross negligence
resulting in permanent injury or | ||||||
20 | death
of a patient.
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21 | (20) Employment of fraud, deception , or any unlawful | ||||||
22 | means in applying for
or securing a license as a physician | ||||||
23 | assistant.
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24 | (21) Exceeding the authority delegated to him or her | ||||||
25 | by his or her collaborating
physician in a written | ||||||
26 | collaborative agreement.
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1 | (22) Immoral conduct in the commission of any act, | ||||||
2 | such as sexual abuse,
sexual misconduct, or sexual | ||||||
3 | exploitation related to the licensee's practice.
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4 | (23) Violation of the Health Care Worker Self-Referral | ||||||
5 | Act.
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6 | (24) Practicing under a false or assumed name, except | ||||||
7 | as provided by law.
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8 | (25) Making a false or misleading statement regarding | ||||||
9 | his or her skill or
the efficacy or value of the medicine, | ||||||
10 | treatment, or remedy prescribed by him
or her in the | ||||||
11 | course of treatment.
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12 | (26) Allowing another person to use his or her license | ||||||
13 | to practice.
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14 | (27) Prescribing, selling, administering, | ||||||
15 | distributing, giving, or
self-administering a drug | ||||||
16 | classified as a controlled substance for other than | ||||||
17 | medically accepted therapeutic purposes.
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18 | (28) Promotion of the sale of drugs, devices, | ||||||
19 | appliances, or goods
provided for a patient in a manner to | ||||||
20 | exploit the patient for financial gain.
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21 | (29) A pattern of practice or other behavior that | ||||||
22 | demonstrates incapacity
or incompetence to practice under | ||||||
23 | this Act.
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24 | (30) Violating State or federal laws or regulations | ||||||
25 | relating to controlled
substances or other legend drugs or | ||||||
26 | ephedra as defined in the Ephedra Prohibition Act.
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1 | (31) Exceeding the prescriptive authority delegated by | ||||||
2 | the collaborating
physician or violating the written | ||||||
3 | collaborative agreement delegating that
authority.
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4 | (32) Practicing without providing to the Department a | ||||||
5 | notice of collaboration
or delegation of
prescriptive | ||||||
6 | authority.
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7 | (33) Failure to establish and maintain records of | ||||||
8 | patient care and treatment as required by law. | ||||||
9 | (34) Attempting to subvert or cheat on the examination | ||||||
10 | of the National Commission on Certification of Physician | ||||||
11 | Assistants or its successor agency. | ||||||
12 | (35) Willfully or negligently violating the | ||||||
13 | confidentiality between physician assistant and patient, | ||||||
14 | except as required by law. | ||||||
15 | (36) Willfully failing to report an instance of | ||||||
16 | suspected abuse, neglect, financial exploitation, or | ||||||
17 | self-neglect of an eligible adult as defined in and | ||||||
18 | required by the Adult Protective Services Act. | ||||||
19 | (37) Being named as an abuser in a verified report by | ||||||
20 | the Department on Aging under the Adult Protective | ||||||
21 | Services Act and upon proof by clear and convincing | ||||||
22 | evidence that the licensee abused, neglected, or | ||||||
23 | financially exploited an eligible adult as defined in the | ||||||
24 | Adult Protective Services Act. | ||||||
25 | (38) Failure to report to the Department an adverse | ||||||
26 | final action taken against him or her by another licensing |
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1 | jurisdiction of the United States or a foreign state or | ||||||
2 | country, a peer review body, a health care institution, a | ||||||
3 | professional society or association, a governmental | ||||||
4 | agency, a law enforcement agency, or a court acts or | ||||||
5 | conduct similar to acts or conduct that would constitute | ||||||
6 | grounds for action under this Section. | ||||||
7 | (39) Failure to provide copies of records of patient | ||||||
8 | care or treatment, except as required by law. | ||||||
9 | (40) Entering into an excessive number of written | ||||||
10 | collaborative agreements with licensed physicians | ||||||
11 | resulting in an inability to adequately collaborate. | ||||||
12 | (41) Repeated failure to adequately collaborate with a | ||||||
13 | collaborating physician. | ||||||
14 | (42) Violating the Compassionate Use of Medical | ||||||
15 | Cannabis Program Act. | ||||||
16 | (43) Failure to maintain at the physician assistant's | ||||||
17 | practice location a notice of collaboration for each | ||||||
18 | physician with whom the physician assistant collaborates, | ||||||
19 | or failure to provide the notice to the Department upon | ||||||
20 | request. | ||||||
21 | (b) The Department may, without a hearing, refuse to issue | ||||||
22 | or renew or may suspend the license of any
person who fails to | ||||||
23 | file a return, or to pay the tax, penalty or interest
shown in | ||||||
24 | a filed return, or to pay any final assessment of the tax,
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25 | penalty, or interest as required by any tax Act administered | ||||||
26 | by the
Illinois Department of Revenue, until such time as the |
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1 | requirements of any
such tax Act are satisfied.
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2 | (c) The determination by a circuit court that a licensee | ||||||
3 | is subject to
involuntary admission or judicial admission as | ||||||
4 | provided in the Mental Health
and Developmental Disabilities | ||||||
5 | Code operates as an automatic suspension.
The
suspension will | ||||||
6 | end only upon a finding by a court that the patient is no
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7 | longer subject to involuntary admission or judicial admission | ||||||
8 | and issues an
order so finding and discharging the patient, | ||||||
9 | and upon the
recommendation of
the Disciplinary Board to the | ||||||
10 | Secretary
that the licensee be allowed to resume
his or her | ||||||
11 | practice.
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12 | (d) In enforcing this Section, the Department upon a | ||||||
13 | showing of a
possible
violation may compel an individual | ||||||
14 | licensed to practice under this Act, or
who has applied for | ||||||
15 | licensure under this Act, to submit
to a mental or physical | ||||||
16 | examination, or both, which may include a substance abuse or | ||||||
17 | sexual offender evaluation, as required by and at the expense
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18 | of the Department. | ||||||
19 | The Department shall specifically designate the examining | ||||||
20 | physician licensed to practice medicine in all of its branches | ||||||
21 | or, if applicable, the multidisciplinary team involved in | ||||||
22 | providing the mental or physical examination or both. The | ||||||
23 | multidisciplinary team shall be led by a physician licensed to | ||||||
24 | practice medicine in all of its branches and may consist of one | ||||||
25 | or more or a combination of physicians licensed to practice | ||||||
26 | medicine in all of its branches, licensed clinical |
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1 | psychologists, licensed clinical social workers, licensed | ||||||
2 | clinical professional counselors, and other professional and | ||||||
3 | administrative staff. Any examining physician or member of the | ||||||
4 | multidisciplinary team may require any person ordered to | ||||||
5 | submit to an examination pursuant to this Section to submit to | ||||||
6 | any additional supplemental testing deemed necessary to | ||||||
7 | complete any examination or evaluation process, including, but | ||||||
8 | not limited to, blood testing, urinalysis, psychological | ||||||
9 | testing, or neuropsychological testing. | ||||||
10 | The Department may order the examining physician or any | ||||||
11 | member of the multidisciplinary team to provide to the | ||||||
12 | Department any and all records, including business records, | ||||||
13 | that relate to the examination and evaluation, including any | ||||||
14 | supplemental testing performed. | ||||||
15 | The Department may order the examining physician or any | ||||||
16 | member of the multidisciplinary team to
present
testimony | ||||||
17 | concerning the mental or physical examination of the licensee | ||||||
18 | or
applicant. No information, report, record, or other | ||||||
19 | documents in any way related to the examination shall be | ||||||
20 | excluded by reason of any common law or
statutory privilege | ||||||
21 | relating to communications between the licensee or
applicant | ||||||
22 | and the examining physician or any member of the | ||||||
23 | multidisciplinary team. No authorization is necessary from the | ||||||
24 | licensee or applicant ordered to undergo an examination for | ||||||
25 | the examining physician or any member of the multidisciplinary | ||||||
26 | team to provide information, reports, records, or other |
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1 | documents or to provide any testimony regarding the | ||||||
2 | examination and evaluation. | ||||||
3 | The individual to be examined may have, at his or her own | ||||||
4 | expense, another
physician of his or her choice present during | ||||||
5 | all
aspects of this examination. However, that physician shall | ||||||
6 | be present only to observe and may not interfere in any way | ||||||
7 | with the examination. | ||||||
8 | Failure of an individual to submit to a mental
or
physical | ||||||
9 | examination, when ordered, shall result in an automatic | ||||||
10 | suspension of his or
her
license until the individual submits | ||||||
11 | to the examination.
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12 | If the Department finds an individual unable to practice | ||||||
13 | because of
the
reasons
set forth in this Section, the | ||||||
14 | Department may require that individual
to submit
to
care, | ||||||
15 | counseling, or treatment by physicians approved
or designated | ||||||
16 | by the Department, as a condition, term, or restriction
for | ||||||
17 | continued,
reinstated, or
renewed licensure to practice; or, | ||||||
18 | in lieu of care, counseling, or treatment,
the Department may | ||||||
19 | file
a complaint to immediately
suspend, revoke, or otherwise | ||||||
20 | discipline the license of the individual.
An individual whose
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21 | license was granted, continued, reinstated, renewed, | ||||||
22 | disciplined, or supervised
subject to such terms, conditions, | ||||||
23 | or restrictions, and who fails to comply
with
such terms, | ||||||
24 | conditions, or restrictions, shall be referred to the | ||||||
25 | Secretary
for
a
determination as to whether the individual | ||||||
26 | shall have his or her license
suspended immediately, pending a |
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1 | hearing by the Department.
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2 | In instances in which the Secretary
immediately suspends a | ||||||
3 | person's license
under this Section, a hearing on that | ||||||
4 | person's license must be convened by
the Department within 30
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5 | days after the suspension and completed without
appreciable
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6 | delay.
The Department shall have the authority to review the | ||||||
7 | subject
individual's record of
treatment and counseling | ||||||
8 | regarding the impairment to the extent permitted by
applicable | ||||||
9 | federal statutes and regulations safeguarding the | ||||||
10 | confidentiality of
medical records.
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11 | An individual licensed under this Act and affected under | ||||||
12 | this Section shall
be
afforded an opportunity to demonstrate | ||||||
13 | to the Department that he or
she can resume
practice in | ||||||
14 | compliance with acceptable and prevailing standards under the
| ||||||
15 | provisions of his or her license.
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16 | (e) An individual or organization acting in good faith, | ||||||
17 | and not in a willful and wanton manner, in complying with this | ||||||
18 | Section by providing a report or other information to the | ||||||
19 | Board, by assisting in the investigation or preparation of a | ||||||
20 | report or information, by participating in proceedings of the | ||||||
21 | Board, or by serving as a member of the Board, shall not be | ||||||
22 | subject to criminal prosecution or civil damages as a result | ||||||
23 | of such actions. | ||||||
24 | (f) Members of the Board and the Disciplinary Board shall | ||||||
25 | be indemnified by the State for any actions occurring within | ||||||
26 | the scope of services on the Disciplinary Board or Board, done |
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1 | in good faith and not willful and wanton in nature. The | ||||||
2 | Attorney General shall defend all such actions unless he or | ||||||
3 | she determines either that there would be a conflict of | ||||||
4 | interest in such representation or that the actions complained | ||||||
5 | of were not in good faith or were willful and wanton. | ||||||
6 | If the Attorney General declines representation, the | ||||||
7 | member has the right to employ counsel of his or her choice, | ||||||
8 | whose fees shall be provided by the State, after approval by | ||||||
9 | the Attorney General, unless there is a determination by a | ||||||
10 | court that the member's actions were not in good faith or were | ||||||
11 | willful and wanton. | ||||||
12 | The member must notify the Attorney General within 7 days | ||||||
13 | after receipt of notice of the initiation of any action | ||||||
14 | involving services of the Disciplinary Board. Failure to so | ||||||
15 | notify the Attorney General constitutes an absolute waiver of | ||||||
16 | the right to a defense and indemnification. | ||||||
17 | The Attorney General shall determine, within 7 days after | ||||||
18 | receiving such notice, whether he or she will undertake to | ||||||
19 | represent the member. | ||||||
20 | (Source: P.A. 101-363, eff. 8-9-19; 102-558, eff. 8-20-21.)".
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