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) 2019-01-29 - Assigned to Health Care Licenses Committee [HB0225 Detail]

Download: Illinois-2019-HB0225-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0225

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
225 ILCS 60/22 from Ch. 111, par. 4400-22

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.
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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Medical Practice Act of 1987 is amended by
5changing Section 22 as follows:
6 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
7 (Section scheduled to be repealed on December 31, 2019)
8 Sec. 22. Disciplinary action.
9 (A) The Department may revoke, suspend, place on probation,
10reprimand, refuse to issue or renew, or take any other
11disciplinary or non-disciplinary action as the Department may
12deem proper with regard to the license or permit of any person
13issued under this Act, including imposing fines not to exceed
14$10,000 for each violation, upon any of the following grounds:
15 (1) Performance of an elective abortion in any place,
16 locale, facility, or institution other than:
17 (a) a facility licensed pursuant to the Ambulatory
18 Surgical Treatment Center Act;
19 (b) an institution licensed under the Hospital
20 Licensing Act;
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;
5 (d) ambulatory surgical treatment centers,
6 hospitalization or care facilities maintained by the
7 Federal Government; or
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.
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.
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.
22 (4) Gross negligence in practice under this Act.
23 (5) Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 (6) Obtaining any fee by fraud, deceit, or

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1 misrepresentation.
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.
6 (8) Practicing under a false or, except as provided by
7 law, an assumed name.
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.
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.
16 (11) Allowing another person or organization to use
17 their license, procured under this Act, to practice.
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.
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.
8 (14) Violation of the prohibition against fee
9 splitting in Section 22.2 of this Act.
10 (15) A finding by the Disciplinary Board that the
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.
15 (16) Abandonment of a patient.
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
20 purposes.
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.
25 (19) Offering, undertaking or agreeing to cure or treat
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
3 licensee refuses to divulge upon demand of the Department.
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.
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
12 Public Aid) under the Illinois Public Aid Code.
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.
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.
25 (24) Solicitation of professional patronage by any
26 corporation, agents or persons, or profiting from those

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1 representing themselves to be agents of the licensee.
2 (25) Gross and willful and continued overcharging for
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)
9 under the Illinois Public Aid Code.
10 (26) A pattern of practice or other behavior which
11 demonstrates incapacity or incompetence to practice under
12 this Act.
13 (27) Mental illness or disability which results in the
14 inability to practice under this Act with reasonable
15 judgment, skill or safety.
16 (28) Physical illness, including, but not limited to,
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.
20 (29) Cheating on or attempt to subvert the licensing
21 examinations administered under this Act.
22 (30) Willfully or negligently violating the
23 confidentiality between physician and patient except as
24 required by law.
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.
2 (32) Aiding and abetting an individual not licensed
3 under this Act in the practice of a profession licensed
4 under this Act.
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.
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
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.
18 (35) Failure to report to the Department surrender of a
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.
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.
7 (37) Failure to provide copies of medical records as
8 required by law.
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
13 Coordinator.
14 (39) Violating the Health Care Worker Self-Referral
15 Act.
16 (40) Willful failure to provide notice when notice is
17 required under the Parental Notice of Abortion Act of 1995.
18 (41) Failure to establish and maintain records of
19 patient care and treatment as required by this law.
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.
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.
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
25proceedings to suspend, revoke, place on probationary status,
26or take any other disciplinary action as the Department may

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1deem proper, with regard to a license on any of the foregoing
2grounds, must be commenced within 5 years next after receipt by
3the Department of a complaint alleging the commission of or
4notice of the conviction order for any of the acts described
5herein. Except for the grounds numbered (8), (9), (26), and
6(29), no action shall be commenced more than 10 years after the
7date of the incident or act alleged to have violated this
8Section. For actions involving the ground numbered (26), a
9pattern of practice or other behavior includes all incidents
10alleged to be part of the pattern of practice or other behavior
11that occurred, or a report pursuant to Section 23 of this Act
12received, within the 10-year period preceding the filing of the
13complaint. In the event of the settlement of any claim or cause
14of action in favor of the claimant or the reduction to final
15judgment of any civil action in favor of the plaintiff, such
16claim, cause of action or civil action being grounded on the
17allegation that a person licensed under this Act was negligent
18in providing care, the Department shall have an additional
19period of 2 years from the date of notification to the
20Department under Section 23 of this Act of such settlement or
21final judgment in which to investigate and commence formal
22disciplinary proceedings under Section 36 of this Act, except
23as otherwise provided by law. The time during which the holder
24of the license was outside the State of Illinois shall not be
25included within any period of time limiting the commencement of
26disciplinary action by the Department.

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1 The entry of an order or judgment by any circuit court
2establishing that any person holding a license under this Act
3is a person in need of mental treatment operates as a
4suspension of that license. That person may resume their
5practice only upon the entry of a Departmental order based upon
6a finding by the Disciplinary Board that they have been
7determined to be recovered from mental illness by the court and
8upon the Disciplinary Board's recommendation that they be
9permitted to resume their practice.
10 The Department may refuse to issue or take disciplinary
11action concerning the license of any person who fails to file a
12return, or to pay the tax, penalty or interest shown in a filed
13return, or to pay any final assessment of tax, penalty or
14interest, as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied as determined by
17the Illinois Department of Revenue.
18 The Department, upon the recommendation of the
19Disciplinary Board, shall adopt rules which set forth standards
20to 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 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
4 (d) what constitutes gross negligence in the practice
5 of medicine.
6 However, no such rule shall be admissible into evidence in
7any civil action except for review of a licensing or other
8disciplinary action under this Act.
9 In enforcing this Section, the Disciplinary Board or the
10Licensing Board, upon a showing of a possible violation, may
11compel, in the case of the Disciplinary Board, any individual
12who is licensed to practice under this Act or holds a permit to
13practice under this Act, or, in the case of the Licensing
14Board, any individual who has applied for licensure or a permit
15pursuant to this Act, to submit to a mental or physical
16examination and evaluation, or both, which may include a
17substance abuse or sexual offender evaluation, as required by
18the Licensing Board or Disciplinary Board and at the expense of
19the Department. The Disciplinary Board or Licensing Board shall
20specifically designate the examining physician licensed to
21practice medicine in all of its branches or, if applicable, the
22multidisciplinary team involved in providing the mental or
23physical examination and evaluation, or both. The
24multidisciplinary team shall be led by a physician licensed to
25practice medicine in all of its branches and may consist of one
26or more or a combination of physicians licensed to practice

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1medicine in all of its branches, licensed chiropractic
2physicians, licensed clinical psychologists, licensed clinical
3social workers, licensed clinical professional counselors, and
4other professional and administrative staff. Any examining
5physician or member of the multidisciplinary team may require
6any person ordered to submit to an examination and evaluation
7pursuant to this Section to submit to any additional
8supplemental testing deemed necessary to complete any
9examination or evaluation process, including, but not limited
10to, blood testing, urinalysis, psychological testing, or
11neuropsychological testing. The Disciplinary Board, the
12Licensing Board, or the Department may order the examining
13physician or any member of the multidisciplinary team to
14provide to the Department, the Disciplinary Board, or the
15Licensing Board any and all records, including business
16records, that relate to the examination and evaluation,
17including any supplemental testing performed. The Disciplinary
18Board, the Licensing Board, or the Department may order the
19examining physician or any member of the multidisciplinary team
20to present testimony concerning this examination and
21evaluation of the licensee, permit holder, or applicant,
22including testimony concerning any supplemental testing or
23documents relating to the examination and evaluation. No
24information, report, record, or other documents in any way
25related to the examination and evaluation shall be excluded by
26reason of any common law or statutory privilege relating to

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1communication between the licensee, permit holder, or
2applicant and the examining physician or any member of the
3multidisciplinary team. No authorization is necessary from the
4licensee, permit holder, or applicant ordered to undergo an
5evaluation and examination for the examining physician or any
6member of the multidisciplinary team to provide information,
7reports, records, or other documents or to provide any
8testimony regarding the examination and evaluation. The
9individual to be examined may have, at his or her own expense,
10another physician of his or her choice present during all
11aspects of the examination. Failure of any individual to submit
12to mental or physical examination and evaluation, or both, when
13directed, shall result in an automatic suspension, without
14hearing, until such time as the individual submits to the
15examination. If the Disciplinary Board or Licensing Board finds
16a physician unable to practice following an examination and
17evaluation because of the reasons set forth in this Section,
18the Disciplinary Board or Licensing Board shall require such
19physician to submit to care, counseling, or treatment by
20physicians, or other health care professionals, approved or
21designated by the Disciplinary Board, as a condition for
22issued, continued, reinstated, or renewed licensure to
23practice. Any physician, whose license was granted pursuant to
24Sections 9, 17, or 19 of this Act, or, continued, reinstated,
25renewed, disciplined or supervised, subject to such terms,
26conditions or restrictions who shall fail to comply with such

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1terms, conditions or restrictions, or to complete a required
2program of care, counseling, or treatment, as determined by the
3Chief Medical Coordinator or Deputy Medical Coordinators,
4shall be referred to the Secretary for a determination as to
5whether the licensee shall have their license suspended
6immediately, pending a hearing by the Disciplinary Board. In
7instances in which the Secretary immediately suspends a license
8under this Section, a hearing upon such person's license must
9be convened by the Disciplinary Board within 15 days after such
10suspension and completed without appreciable delay. The
11Disciplinary Board shall have the authority to review the
12subject physician's record of treatment and counseling
13regarding the impairment, to the extent permitted by applicable
14federal statutes and regulations safeguarding the
15confidentiality of medical records.
16 An individual licensed under this Act, affected under this
17Section, shall be afforded an opportunity to demonstrate to the
18Disciplinary Board that they can resume practice in compliance
19with acceptable and prevailing standards under the provisions
20of their license.
21 The Department may promulgate rules for the imposition of
22fines in disciplinary cases, not to exceed $10,000 for each
23violation of this Act. Fines may be imposed in conjunction with
24other forms of disciplinary action, but shall not be the
25exclusive disposition of any disciplinary action arising out of
26conduct resulting in death or injury to a patient. Any funds

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1collected from such fines shall be deposited in the Illinois
2State Medical Disciplinary Fund.
3 All fines imposed under this Section shall be paid within
460 days after the effective date of the order imposing the fine
5or in accordance with the terms set forth in the order imposing
6the fine.
7 (B) The Department shall revoke the license or permit
8issued under this Act to practice medicine or a chiropractic
9physician who has been convicted a second time of committing
10any felony under the Illinois Controlled Substances Act or the
11Methamphetamine Control and Community Protection Act, or who
12has been convicted a second time of committing a Class 1 felony
13under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
14person whose license or permit is revoked under this subsection
15B shall be prohibited from practicing medicine or treating
16human ailments without the use of drugs and without operative
17surgery.
18 (C) The Department shall not revoke, suspend, place on
19probation, reprimand, refuse to issue or renew, or take any
20other disciplinary or non-disciplinary action against the
21license or permit issued under this Act to practice medicine to
22a physician: (1) based solely upon the recommendation of the
23physician to an eligible patient regarding, or prescription
24for, or treatment with, an investigational drug, biological
25product, or device; or (2) for experimental treatment for Lyme
26disease or other tick-borne diseases, including, but not

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1limited to, the prescription of or treatment with long-term
2antibiotics.
3 (D) The Disciplinary Board shall recommend to the
4Department civil penalties and any other appropriate
5discipline in disciplinary cases when the Board finds that a
6physician willfully performed an abortion with actual
7knowledge that the person upon whom the abortion has been
8performed is a minor or an incompetent person without notice as
9required under the Parental Notice of Abortion Act of 1995.
10Upon the Board's recommendation, the Department shall impose,
11for the first violation, a civil penalty of $1,000 and for a
12second 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;
14100-429, eff. 8-25-17; 100-513, eff. 1-1-18; 100-605, eff.
151-1-19; 100-863, eff. 8-14-18; 100-1137, eff. 1-1-19; revised
1612-19-18.)
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