Bill Text: IL HB0225 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Removes provisions prohibiting the Department of Financial and Professional Regulation from disciplining a physician for experimental treatments for Lyme disease or other tick-borne diseases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0225 Detail]
Download: Illinois-2019-HB0225-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 22 as follows:
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6 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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7 | (Section scheduled to be repealed on December 31, 2019)
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8 | Sec. 22. Disciplinary action.
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9 | (A) The Department may revoke, suspend, place on probation, | |||||||||||||||||||
10 | reprimand, refuse to issue or renew, or take any other | |||||||||||||||||||
11 | disciplinary or non-disciplinary action as the Department may | |||||||||||||||||||
12 | deem proper
with regard to the license or permit of any person | |||||||||||||||||||
13 | issued
under this Act, including imposing fines not to exceed | |||||||||||||||||||
14 | $10,000 for each violation, upon any of the following grounds:
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15 | (1) Performance of an elective abortion in any place, | |||||||||||||||||||
16 | locale,
facility, or
institution other than:
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17 | (a) a facility licensed pursuant to the Ambulatory | |||||||||||||||||||
18 | Surgical Treatment
Center Act;
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19 | (b) an institution licensed under the Hospital | |||||||||||||||||||
20 | Licensing Act;
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21 | (c) an ambulatory surgical treatment center or | |||||||||||||||||||
22 | hospitalization or care
facility maintained by the | |||||||||||||||||||
23 | State or any agency thereof, where such department
or |
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1 | agency has authority under law to establish and enforce | ||||||
2 | standards for the
ambulatory surgical treatment | ||||||
3 | centers, hospitalization, or care facilities
under its | ||||||
4 | management and control;
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5 | (d) ambulatory surgical treatment centers, | ||||||
6 | hospitalization or care
facilities maintained by the | ||||||
7 | Federal Government; or
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8 | (e) ambulatory surgical treatment centers, | ||||||
9 | hospitalization or care
facilities maintained by any | ||||||
10 | university or college established under the laws
of | ||||||
11 | this State and supported principally by public funds | ||||||
12 | raised by
taxation.
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13 | (2) Performance of an abortion procedure in a willful | ||||||
14 | and wanton
manner on a
woman who was not pregnant at the | ||||||
15 | time the abortion procedure was
performed.
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16 | (3) A plea of guilty or nolo contendere, finding of | ||||||
17 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
18 | including, but not limited to, convictions, preceding | ||||||
19 | sentences of supervision, conditional discharge, or first | ||||||
20 | offender probation, under the laws of any jurisdiction of | ||||||
21 | the United States of any crime that is a felony.
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22 | (4) Gross negligence in practice under this Act.
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23 | (5) Engaging in dishonorable, unethical or | ||||||
24 | unprofessional
conduct of a
character likely to deceive, | ||||||
25 | defraud or harm the public.
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26 | (6) Obtaining any fee by fraud, deceit, or
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1 | misrepresentation.
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2 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
3 | in law
as
controlled substances, of alcohol, or of any | ||||||
4 | other substances which results in
the inability to practice | ||||||
5 | with reasonable judgment, skill or safety.
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6 | (8) Practicing under a false or, except as provided by | ||||||
7 | law, an
assumed
name.
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8 | (9) Fraud or misrepresentation in applying for, or | ||||||
9 | procuring, a
license
under this Act or in connection with | ||||||
10 | applying for renewal of a license under
this Act.
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11 | (10) Making a false or misleading statement regarding | ||||||
12 | their
skill or the
efficacy or value of the medicine, | ||||||
13 | treatment, or remedy prescribed by them at
their direction | ||||||
14 | in the treatment of any disease or other condition of the | ||||||
15 | body
or mind.
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16 | (11) Allowing another person or organization to use | ||||||
17 | their
license, procured
under this Act, to practice.
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18 | (12) Adverse action taken by another state or | ||||||
19 | jurisdiction
against a license
or other authorization to | ||||||
20 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
21 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
22 | certified copy of the record of the action taken by
the | ||||||
23 | other state or jurisdiction being prima facie evidence | ||||||
24 | thereof. This includes any adverse action taken by a State | ||||||
25 | or federal agency that prohibits a medical doctor, doctor | ||||||
26 | of osteopathy, doctor of osteopathic medicine, or doctor of |
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1 | chiropractic from providing services to the agency's | ||||||
2 | participants.
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3 | (13) Violation of any provision of this Act or of the | ||||||
4 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
5 | violation of the rules, or a final
administrative action of | ||||||
6 | the Secretary, after consideration of the
recommendation | ||||||
7 | of the Disciplinary Board.
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8 | (14) Violation of the prohibition against fee | ||||||
9 | splitting in Section 22.2 of this Act.
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10 | (15) A finding by the Disciplinary Board that the
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11 | registrant after
having his or her license placed on | ||||||
12 | probationary status or subjected to
conditions or | ||||||
13 | restrictions violated the terms of the probation or failed | ||||||
14 | to
comply with such terms or conditions.
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15 | (16) Abandonment of a patient.
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16 | (17) Prescribing, selling, administering, | ||||||
17 | distributing, giving
or
self-administering any drug | ||||||
18 | classified as a controlled substance (designated
product) | ||||||
19 | or narcotic for other than medically accepted therapeutic
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20 | purposes.
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21 | (18) Promotion of the sale of drugs, devices, | ||||||
22 | appliances or
goods provided
for a patient in such manner | ||||||
23 | as to exploit the patient for financial gain of
the | ||||||
24 | physician.
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25 | (19) Offering, undertaking or agreeing to cure or treat
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26 | disease by a secret
method, procedure, treatment or |
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1 | medicine, or the treating, operating or
prescribing for any | ||||||
2 | human condition by a method, means or procedure which the
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3 | licensee refuses to divulge upon demand of the Department.
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4 | (20) Immoral conduct in the commission of any act | ||||||
5 | including,
but not limited to, commission of an act of | ||||||
6 | sexual misconduct related to the
licensee's
practice.
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7 | (21) Willfully making or filing false records or | ||||||
8 | reports in his
or her
practice as a physician, including, | ||||||
9 | but not limited to, false records to
support claims against | ||||||
10 | the medical assistance program of the Department of | ||||||
11 | Healthcare and Family Services (formerly Department of
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12 | Public Aid)
under the Illinois Public Aid Code.
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13 | (22) Willful omission to file or record, or willfully | ||||||
14 | impeding
the filing or
recording, or inducing another | ||||||
15 | person to omit to file or record, medical
reports as | ||||||
16 | required by law, or willfully failing to report an instance | ||||||
17 | of
suspected abuse or neglect as required by law.
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18 | (23) Being named as a perpetrator in an indicated | ||||||
19 | report by
the Department
of Children and Family Services | ||||||
20 | under the Abused and Neglected Child Reporting
Act, and | ||||||
21 | upon proof by clear and convincing evidence that the | ||||||
22 | licensee has
caused a child to be an abused child or | ||||||
23 | neglected child as defined in the
Abused and Neglected | ||||||
24 | Child Reporting Act.
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25 | (24) Solicitation of professional patronage by any
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26 | corporation, agents or
persons, or profiting from those |
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1 | representing themselves to be agents of the
licensee.
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2 | (25) Gross and willful and continued overcharging for
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3 | professional services,
including filing false statements | ||||||
4 | for collection of fees for which services are
not rendered, | ||||||
5 | including, but not limited to, filing such false statements | ||||||
6 | for
collection of monies for services not rendered from the | ||||||
7 | medical assistance
program of the Department of Healthcare | ||||||
8 | and Family Services (formerly Department of Public Aid)
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9 | under the Illinois Public Aid
Code.
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10 | (26) A pattern of practice or other behavior which
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11 | demonstrates
incapacity
or incompetence to practice under | ||||||
12 | this Act.
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13 | (27) Mental illness or disability which results in the
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14 | inability to
practice under this Act with reasonable | ||||||
15 | judgment, skill or safety.
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16 | (28) Physical illness, including, but not limited to,
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17 | deterioration through
the aging process, or loss of motor | ||||||
18 | skill which results in a physician's
inability to practice | ||||||
19 | under this Act with reasonable judgment, skill or
safety.
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20 | (29) Cheating on or attempt to subvert the licensing
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21 | examinations
administered under this Act.
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22 | (30) Willfully or negligently violating the | ||||||
23 | confidentiality
between
physician and patient except as | ||||||
24 | required by law.
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25 | (31) The use of any false, fraudulent, or deceptive | ||||||
26 | statement
in any
document connected with practice under |
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1 | this Act.
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2 | (32) Aiding and abetting an individual not licensed | ||||||
3 | under this
Act in the
practice of a profession licensed | ||||||
4 | under this Act.
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5 | (33) Violating state or federal laws or regulations | ||||||
6 | relating
to controlled
substances, legend
drugs, or | ||||||
7 | ephedra as defined in the Ephedra Prohibition Act.
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8 | (34) Failure to report to the Department any adverse | ||||||
9 | final
action taken
against them by another licensing | ||||||
10 | jurisdiction (any other state or any
territory of the | ||||||
11 | United States or any foreign state or country), by any peer
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12 | review body, by any health care institution, by any | ||||||
13 | professional society or
association related to practice | ||||||
14 | under this Act, by any governmental agency, by
any law | ||||||
15 | enforcement agency, or by any court for acts or conduct | ||||||
16 | similar to acts
or conduct which would constitute grounds | ||||||
17 | for action as defined in this
Section.
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18 | (35) Failure to report to the Department surrender of a
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19 | license or
authorization to practice as a medical doctor, a | ||||||
20 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
21 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
22 | surrender of membership on
any medical staff or in any | ||||||
23 | medical or professional association or society,
while | ||||||
24 | under disciplinary investigation by any of those | ||||||
25 | authorities or bodies,
for acts or conduct similar to acts | ||||||
26 | or conduct which would constitute grounds
for action as |
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1 | defined in this Section.
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2 | (36) Failure to report to the Department any adverse | ||||||
3 | judgment,
settlement,
or award arising from a liability | ||||||
4 | claim related to acts or conduct similar to
acts or conduct | ||||||
5 | which would constitute grounds for action as defined in | ||||||
6 | this
Section.
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7 | (37) Failure to provide copies of medical records as | ||||||
8 | required
by law.
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9 | (38) Failure to furnish the Department, its | ||||||
10 | investigators or
representatives, relevant information, | ||||||
11 | legally requested by the Department
after consultation | ||||||
12 | with the Chief Medical Coordinator or the Deputy Medical
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13 | Coordinator.
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14 | (39) Violating the Health Care Worker Self-Referral
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15 | Act.
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16 | (40) Willful failure to provide notice when notice is | ||||||
17 | required
under the
Parental Notice of Abortion Act of 1995.
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18 | (41) Failure to establish and maintain records of | ||||||
19 | patient care and
treatment as required by this law.
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20 | (42) Entering into an excessive number of written | ||||||
21 | collaborative
agreements with licensed advanced practice | ||||||
22 | registered nurses resulting in an inability to
adequately | ||||||
23 | collaborate.
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24 | (43) Repeated failure to adequately collaborate with a | ||||||
25 | licensed advanced practice registered nurse. | ||||||
26 | (44) Violating the Compassionate Use of Medical |
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1 | Cannabis Pilot Program Act.
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2 | (45) Entering into an excessive number of written | ||||||
3 | collaborative agreements with licensed prescribing | ||||||
4 | psychologists resulting in an inability to adequately | ||||||
5 | collaborate. | ||||||
6 | (46) Repeated failure to adequately collaborate with a | ||||||
7 | licensed prescribing psychologist. | ||||||
8 | (47) Willfully failing to report an instance of | ||||||
9 | suspected abuse, neglect, financial exploitation, or | ||||||
10 | self-neglect of an eligible adult as defined in and | ||||||
11 | required by the Adult Protective Services Act. | ||||||
12 | (48) Being named as an abuser in a verified report by | ||||||
13 | the Department on Aging under the Adult Protective Services | ||||||
14 | Act, and upon proof by clear and convincing evidence that | ||||||
15 | the licensee abused, neglected, or financially exploited | ||||||
16 | an eligible adult as defined in the Adult Protective | ||||||
17 | Services Act. | ||||||
18 | (49) Entering into an excessive number of written | ||||||
19 | collaborative agreements with licensed physician | ||||||
20 | assistants resulting in an inability to adequately | ||||||
21 | collaborate. | ||||||
22 | (50) Repeated failure to adequately collaborate with a | ||||||
23 | physician assistant. | ||||||
24 | Except
for actions involving the ground numbered (26), all | ||||||
25 | proceedings to suspend,
revoke, place on probationary status, | ||||||
26 | or take any
other disciplinary action as the Department may |
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1 | deem proper, with regard to a
license on any of the foregoing | ||||||
2 | grounds, must be commenced within 5 years next
after receipt by | ||||||
3 | the Department of a complaint alleging the commission of or
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4 | notice of the conviction order for any of the acts described | ||||||
5 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
6 | (29), no action shall be commenced more
than 10 years after the | ||||||
7 | date of the incident or act alleged to have violated
this | ||||||
8 | Section. For actions involving the ground numbered (26), a | ||||||
9 | pattern of practice or other behavior includes all incidents | ||||||
10 | alleged to be part of the pattern of practice or other behavior | ||||||
11 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
12 | received, within the 10-year period preceding the filing of the | ||||||
13 | complaint. In the event of the settlement of any claim or cause | ||||||
14 | of action
in favor of the claimant or the reduction to final | ||||||
15 | judgment of any civil action
in favor of the plaintiff, such | ||||||
16 | claim, cause of action or civil action being
grounded on the | ||||||
17 | allegation that a person licensed under this Act was negligent
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18 | in providing care, the Department shall have an additional | ||||||
19 | period of 2 years
from the date of notification to the | ||||||
20 | Department under Section 23 of this Act
of such settlement or | ||||||
21 | final judgment in which to investigate and
commence formal | ||||||
22 | disciplinary proceedings under Section 36 of this Act, except
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23 | as otherwise provided by law. The time during which the holder | ||||||
24 | of the license
was outside the State of Illinois shall not be | ||||||
25 | included within any period of
time limiting the commencement of | ||||||
26 | disciplinary action by the 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
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5 | practice only upon the entry of a Departmental order based upon | ||||||
6 | a finding by
the Disciplinary Board that they have been | ||||||
7 | determined to be recovered
from mental illness by the court and | ||||||
8 | upon the Disciplinary Board's
recommendation that they be | ||||||
9 | permitted to resume their practice.
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10 | The Department may refuse to issue or take disciplinary | ||||||
11 | action concerning the license of any person
who fails to file a | ||||||
12 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
13 | return, or to pay any final assessment of tax, penalty or | ||||||
14 | 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 by | ||||||
17 | the Illinois Department of Revenue.
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18 | The Department, upon the recommendation of the | ||||||
19 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
20 | to be used in determining:
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21 | (a) when a person will be deemed sufficiently | ||||||
22 | rehabilitated to warrant the
public trust;
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23 | (b) what constitutes dishonorable, unethical or | ||||||
24 | unprofessional conduct of
a character likely to deceive, | ||||||
25 | defraud, or harm the public;
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26 | (c) what constitutes immoral conduct in the commission |
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1 | of any act,
including, but not limited to, commission of an | ||||||
2 | act of sexual misconduct
related
to the licensee's | ||||||
3 | practice; and
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4 | (d) what constitutes gross negligence in the practice | ||||||
5 | of medicine.
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6 | However, no such rule shall be admissible into evidence in | ||||||
7 | any civil action
except for review of a licensing or other | ||||||
8 | disciplinary action under this Act.
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9 | In enforcing this Section, the Disciplinary Board or the | ||||||
10 | Licensing Board,
upon a showing of a possible violation, may | ||||||
11 | compel, in the case of the Disciplinary Board, any individual | ||||||
12 | who is licensed to
practice under this Act or holds a permit to | ||||||
13 | practice under this Act, or, in the case of the Licensing | ||||||
14 | Board, any individual who has applied for licensure or a permit
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15 | pursuant to this Act, to submit to a mental or physical | ||||||
16 | examination and evaluation, or both,
which may include a | ||||||
17 | substance abuse or sexual offender evaluation, as required by | ||||||
18 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
19 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
20 | specifically designate the examining physician licensed to | ||||||
21 | practice medicine in all of its branches or, if applicable, the | ||||||
22 | multidisciplinary team involved in providing the mental or | ||||||
23 | physical examination and evaluation, or both. The | ||||||
24 | multidisciplinary team shall be led by a physician licensed to | ||||||
25 | practice medicine in all of its branches and may consist of one | ||||||
26 | or more or a combination of physicians licensed to practice |
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1 | medicine in all of its branches, licensed chiropractic | ||||||
2 | physicians, licensed clinical psychologists, licensed clinical | ||||||
3 | social workers, licensed clinical professional counselors, and | ||||||
4 | other professional and administrative staff. Any examining | ||||||
5 | physician or member of the multidisciplinary team may require | ||||||
6 | any person ordered to submit to an examination and evaluation | ||||||
7 | pursuant to this Section to submit to any additional | ||||||
8 | supplemental testing deemed necessary to complete any | ||||||
9 | examination or evaluation process, including, but not limited | ||||||
10 | to, blood testing, urinalysis, psychological testing, or | ||||||
11 | neuropsychological testing.
The Disciplinary Board, the | ||||||
12 | Licensing Board, or the Department may order the examining
| ||||||
13 | physician or any member of the multidisciplinary team to | ||||||
14 | provide to the Department, the Disciplinary Board, or the | ||||||
15 | Licensing Board any and all records, including business | ||||||
16 | records, that relate to the examination and evaluation, | ||||||
17 | including any supplemental testing performed. The Disciplinary | ||||||
18 | Board, the Licensing Board, or the Department may order the | ||||||
19 | examining physician or any member of the multidisciplinary team | ||||||
20 | to present testimony concerning this examination
and | ||||||
21 | evaluation of the licensee, permit holder, or applicant, | ||||||
22 | including testimony concerning any supplemental testing or | ||||||
23 | documents relating to the examination and evaluation. No | ||||||
24 | information, report, record, or other documents in any way | ||||||
25 | related to the examination and evaluation shall be excluded by | ||||||
26 | reason of
any common
law or statutory privilege relating to |
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1 | communication between the licensee, permit holder, or
| ||||||
2 | applicant and
the examining physician or any member of the | ||||||
3 | multidisciplinary team.
No authorization is necessary from the | ||||||
4 | licensee, permit holder, or applicant ordered to undergo an | ||||||
5 | evaluation and examination for the examining physician or any | ||||||
6 | member of the multidisciplinary team to provide information, | ||||||
7 | reports, records, or other documents or to provide any | ||||||
8 | testimony regarding the examination and evaluation. The | ||||||
9 | individual to be examined may have, at his or her own expense, | ||||||
10 | another
physician of his or her choice present during all | ||||||
11 | aspects of the examination.
Failure of any individual to submit | ||||||
12 | to mental or physical examination and evaluation, or both, when
| ||||||
13 | directed, shall result in an automatic suspension, without | ||||||
14 | hearing, until such time
as the individual submits to the | ||||||
15 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
16 | a physician unable
to practice following an examination and | ||||||
17 | evaluation because of the reasons set forth in this Section, | ||||||
18 | the Disciplinary
Board or Licensing Board shall require such | ||||||
19 | physician to submit to care, counseling, or treatment
by | ||||||
20 | physicians, or other health care professionals, approved or | ||||||
21 | designated by the Disciplinary Board, as a condition
for | ||||||
22 | issued, continued, reinstated, or renewed licensure to | ||||||
23 | practice. Any physician,
whose license was granted pursuant to | ||||||
24 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
25 | renewed, disciplined or supervised, subject to such
terms, | ||||||
26 | conditions or restrictions who shall fail to comply with such |
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| |||||||
1 | terms,
conditions or restrictions, or to complete a required | ||||||
2 | program of care,
counseling, or treatment, as determined by the | ||||||
3 | Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
4 | shall be referred to the Secretary for a
determination as to | ||||||
5 | whether the licensee shall have their license suspended
| ||||||
6 | immediately, pending a hearing by the Disciplinary Board. In | ||||||
7 | instances in
which the Secretary immediately suspends a license | ||||||
8 | under this Section, a hearing
upon such person's license must | ||||||
9 | be convened by the Disciplinary Board within 15
days after such | ||||||
10 | suspension and completed without appreciable delay. The
| ||||||
11 | Disciplinary Board shall have the authority to review the | ||||||
12 | subject physician's
record of treatment and counseling | ||||||
13 | regarding the impairment, to the extent
permitted by applicable | ||||||
14 | federal statutes and regulations safeguarding the
| ||||||
15 | confidentiality of medical records.
| ||||||
16 | An individual licensed under this Act, affected under this | ||||||
17 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
18 | Disciplinary Board that they can
resume practice in compliance | ||||||
19 | with acceptable and prevailing standards under
the provisions | ||||||
20 | of their license.
| ||||||
21 | The Department may promulgate rules for the imposition of | ||||||
22 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
23 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
24 | other forms of disciplinary action, but
shall not be the | ||||||
25 | exclusive disposition of any disciplinary action arising out
of | ||||||
26 | conduct resulting in death or injury to a patient. Any funds |
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| |||||||
1 | collected from
such fines shall be deposited in the Illinois | ||||||
2 | State Medical Disciplinary Fund.
| ||||||
3 | All fines imposed under this Section shall be paid within | ||||||
4 | 60 days after the effective date of the order imposing the fine | ||||||
5 | or in accordance with the terms set forth in the order imposing | ||||||
6 | the fine. | ||||||
7 | (B) The Department shall revoke the license or
permit | ||||||
8 | issued under this Act to practice medicine or a chiropractic | ||||||
9 | physician who
has been convicted a second time of committing | ||||||
10 | any felony under the
Illinois Controlled Substances Act or the | ||||||
11 | Methamphetamine Control and Community Protection Act, or who | ||||||
12 | has been convicted a second time of
committing a Class 1 felony | ||||||
13 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
14 | person whose license or permit is revoked
under
this subsection | ||||||
15 | B shall be prohibited from practicing
medicine or treating | ||||||
16 | human ailments without the use of drugs and without
operative | ||||||
17 | surgery.
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18 | (C) The Department shall not revoke, suspend, place on | ||||||
19 | probation, reprimand, refuse to issue or renew, or take any | ||||||
20 | other disciplinary or non-disciplinary action against the | ||||||
21 | license or permit issued under this Act to practice medicine to | ||||||
22 | a physician : (1) based solely upon the recommendation of the | ||||||
23 | physician to an eligible patient regarding, or prescription | ||||||
24 | for, or treatment with, an investigational drug, biological | ||||||
25 | product, or device ; or (2) for experimental treatment for Lyme | ||||||
26 | disease or other tick-borne diseases, including, but not |
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1 | limited to, the prescription of or treatment with long-term | ||||||
2 | antibiotics . | ||||||
3 | (D) The Disciplinary Board shall recommend to the
| ||||||
4 | Department civil
penalties and any other appropriate | ||||||
5 | discipline in disciplinary cases when the
Board finds that a | ||||||
6 | physician willfully performed an abortion with actual
| ||||||
7 | knowledge that the person upon whom the abortion has been | ||||||
8 | performed is a minor
or an incompetent person without notice as | ||||||
9 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
10 | Upon the Board's recommendation, the Department shall
impose, | ||||||
11 | for the first violation, a civil penalty of $1,000 and for a | ||||||
12 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
13 | (Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17; | ||||||
14 | 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff. | ||||||
15 | 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised | ||||||
16 | 12-19-18.)
|