Bill Text: IL SB1348 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Medical Practice Act of 1987 from December 31, 2017 to December 31, 2027. Amends the Medical Practice Act of 1987. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Defines "email address of record". In provisions concerning grounds for discipline, provides that the Department of Financial and Professional Regulation may take action with regard to a person licensed under the Act for: willfully failing to report an instance of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act; and being named as an abuser in a verified report by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act. In provisions authorizing the Secretary of Financial and Professional Regulation to appoint a hearing officer, provides that the hearing officer's findings and recommendations shall also be provided to the Medical Licensing Board along with the Medical Disciplinary Board so both Boards may review the information and present their findings to the Secretary. Makes changes in provisions concerning stenographers. Changes references to "stenographer" to references to "certified shorthand reporter". Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB1348 Detail]

Download: Illinois-2017-SB1348-Enrolled.html



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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 Regulatory Sunset Act is amended by changing
5Section 4.29 as follows:
6 (5 ILCS 80/4.29)
7 Sec. 4.29. Acts repealed on January 1, 2019 and December
831, 2019.
9 (a) The following Act is repealed on January 1, 2019:
10 The Environmental Health Practitioner Licensing Act.
11 (b) The following Acts are Act is repealed on December 31,
122019:
13 The Medical Practice Act of 1987.
14 The Structural Pest Control Act.
15(Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.)
16 (5 ILCS 80/4.27a rep.)
17 Section 10. The Regulatory Sunset Act is amended by
18repealing Section 4.27a.
19 Section 15. The Medical Practice Act of 1987 is amended by
20changing Sections 2, 22, 35, and 39 and by adding Section 2.5
21as follows:

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1 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
2 (Section scheduled to be repealed on December 31, 2017)
3 Sec. 2. Definitions. For purposes of this Act, the
4following definitions shall have the following meanings,
5except where the context requires otherwise:
6 "Act" means the Medical Practice Act of 1987.
7 "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file as maintained by the Department's
10licensure maintenance unit. It is the duty of the applicant or
11licensee to inform the Department of any change of address and
12those changes must be made either through the Department's
13website or by contacting the Department.
14 "Chiropractic physician" means a person licensed to treat
15human ailments without the use of drugs and without operative
16surgery. Nothing in this Act shall be construed to prohibit a
17chiropractic physician from providing advice regarding the use
18of non-prescription products or from administering atmospheric
19oxygen. Nothing in this Act shall be construed to authorize a
20chiropractic physician to prescribe drugs.
21 "Department" means the Department of Financial and
22Professional Regulation.
23 "Disciplinary action Action" means revocation, suspension,
24probation, supervision, practice modification, reprimand,
25required education, fines or any other action taken by the

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1Department against a person holding a license.
2 "Disciplinary Board" means the Medical Disciplinary Board.
3 "Email address of record" means the designated email
4address recorded by the Department in the applicant's
5application file or the licensee's license file, as maintained
6by the Department's licensure maintenance unit.
7 "Final determination Determination" means the governing
8body's final action taken under the procedure followed by a
9health care institution, or professional association or
10society, against any person licensed under the Act in
11accordance with the bylaws or rules and regulations of such
12health care institution, or professional association or
13society.
14 "Fund" means the Illinois State Medical Disciplinary Fund.
15 "Impaired" means the inability to practice medicine with
16reasonable skill and safety due to physical or mental
17disabilities as evidenced by a written determination or written
18consent based on clinical evidence including deterioration
19through the aging process or loss of motor skill, or abuse of
20drugs or alcohol, of sufficient degree to diminish a person's
21ability to deliver competent patient care.
22 "Licensing Board" means the Medical Licensing Board.
23 "Physician" means a person licensed under the Medical
24Practice Act to practice medicine in all of its branches or a
25chiropractic physician.
26 "Professional association Association" means an

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1association or society of persons licensed under this Act, and
2operating within the State of Illinois, including but not
3limited to, medical societies, osteopathic organizations, and
4chiropractic organizations, but this term shall not be deemed
5to include hospital medical staffs.
6 "Program of care Care, counseling Counseling, or treatment
7Treatment" means a written schedule of organized treatment,
8care, counseling, activities, or education, satisfactory to
9the Disciplinary Board, designed for the purpose of restoring
10an impaired person to a condition whereby the impaired person
11can practice medicine with reasonable skill and safety of a
12sufficient degree to deliver competent patient care.
13 "Reinstate" means to change the status of a license from
14inactive or nonrenewed status to active status.
15 "Restore" means to remove an encumbrance from a license due
16to probation, suspension, or revocation.
17 "Secretary" means the Secretary of the Department of
18Financial and Professional Regulation.
19(Source: P.A. 98-1140, eff. 12-30-14; 99-933, eff. 1-27-17.)
20 (225 ILCS 60/2.5 new)
21 Sec. 2.5. Address of record; email address of record. All
22applicants and licensees shall:
23 (1) provide a valid address and email address to the
24 Department, which shall serve as the address of record and
25 email address of record, respectively, at the time of

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1 application for licensure or renewal of a license; and
2 (2) inform the Department of any change of address of
3 record or email address of record within 14 days after such
4 change either through the Department's website or by
5 contacting the Department's licensure maintenance unit.
6 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
7 (Section scheduled to be repealed on December 31, 2017)
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
24 agency has authority under law to establish and enforce
25 standards for the ambulatory surgical treatment

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1 centers, hospitalization, or care facilities under its
2 management and control;
3 (d) ambulatory surgical treatment centers,
4 hospitalization or care facilities maintained by the
5 Federal Government; or
6 (e) ambulatory surgical treatment centers,
7 hospitalization or care facilities maintained by any
8 university or college established under the laws of
9 this State and supported principally by public funds
10 raised by taxation.
11 (2) Performance of an abortion procedure in a willful
12 wilful and wanton manner on a woman who was not pregnant at
13 the time the abortion procedure was performed.
14 (3) A plea of guilty or nolo contendere, finding of
15 guilt, jury verdict, or entry of judgment or sentencing,
16 including, but not limited to, convictions, preceding
17 sentences of supervision, conditional discharge, or first
18 offender probation, under the laws of any jurisdiction of
19 the United States of any crime that is a felony.
20 (4) Gross negligence in practice under this Act.
21 (5) Engaging in dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud or harm the public.
24 (6) Obtaining any fee by fraud, deceit, or
25 misrepresentation.
26 (7) Habitual or excessive use or abuse of drugs defined

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1 in law as controlled substances, of alcohol, or of any
2 other substances which results in the inability to practice
3 with reasonable judgment, skill or safety.
4 (8) Practicing under a false or, except as provided by
5 law, an assumed name.
6 (9) Fraud or misrepresentation in applying for, or
7 procuring, a license under this Act or in connection with
8 applying for renewal of a license under this Act.
9 (10) Making a false or misleading statement regarding
10 their skill or the efficacy or value of the medicine,
11 treatment, or remedy prescribed by them at their direction
12 in the treatment of any disease or other condition of the
13 body or mind.
14 (11) Allowing another person or organization to use
15 their license, procured under this Act, to practice.
16 (12) Adverse action taken by another state or
17 jurisdiction against a license or other authorization to
18 practice as a medical doctor, doctor of osteopathy, doctor
19 of osteopathic medicine or doctor of chiropractic, a
20 certified copy of the record of the action taken by the
21 other state or jurisdiction being prima facie evidence
22 thereof. This includes any adverse action taken by a State
23 or federal agency that prohibits a medical doctor, doctor
24 of osteopathy, doctor of osteopathic medicine, or doctor of
25 chiropractic from providing services to the agency's
26 participants.

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1 (13) Violation of any provision of this Act or of the
2 Medical Practice Act prior to the repeal of that Act, or
3 violation of the rules, or a final administrative action of
4 the Secretary, after consideration of the recommendation
5 of the Disciplinary Board.
6 (14) Violation of the prohibition against fee
7 splitting in Section 22.2 of this Act.
8 (15) A finding by the Disciplinary Board that the
9 registrant after having his or her license placed on
10 probationary status or subjected to conditions or
11 restrictions violated the terms of the probation or failed
12 to comply with such terms or conditions.
13 (16) Abandonment of a patient.
14 (17) Prescribing, selling, administering,
15 distributing, giving or self-administering any drug
16 classified as a controlled substance (designated product)
17 or narcotic for other than medically accepted therapeutic
18 purposes.
19 (18) Promotion of the sale of drugs, devices,
20 appliances or goods provided for a patient in such manner
21 as to exploit the patient for financial gain of the
22 physician.
23 (19) Offering, undertaking or agreeing to cure or treat
24 disease by a secret method, procedure, treatment or
25 medicine, or the treating, operating or prescribing for any
26 human condition by a method, means or procedure which the

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1 licensee refuses to divulge upon demand of the Department.
2 (20) Immoral conduct in the commission of any act
3 including, but not limited to, commission of an act of
4 sexual misconduct related to the licensee's practice.
5 (21) Willfully Wilfully making or filing false records
6 or reports in his or her practice as a physician,
7 including, but not limited to, false records to support
8 claims against the medical assistance program of the
9 Department of Healthcare and Family Services (formerly
10 Department of Public Aid) under the Illinois Public Aid
11 Code.
12 (22) Willful Wilful omission to file or record, or
13 willfully wilfully impeding the filing or recording, or
14 inducing another person to omit to file or record, medical
15 reports as required by law, or willfully wilfully failing
16 to report an instance of suspected abuse or neglect as
17 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 wilful and continued
3 overcharging for professional services, including filing
4 false statements for collection of fees for which services
5 are not rendered, including, but not limited to, filing
6 such false statements for collection of monies for services
7 not rendered from the medical assistance program of the
8 Department of Healthcare and Family Services (formerly
9 Department of Public Aid) under the Illinois Public Aid
10 Code.
11 (26) A pattern of practice or other behavior which
12 demonstrates incapacity or incompetence to practice under
13 this Act.
14 (27) Mental illness or disability which results in the
15 inability to practice under this Act with reasonable
16 judgment, skill or safety.
17 (28) Physical illness, including, but not limited to,
18 deterioration through the aging process, or loss of motor
19 skill which results in a physician's inability to practice
20 under this Act with reasonable judgment, skill or safety.
21 (29) Cheating on or attempt to subvert the licensing
22 examinations administered under this Act.
23 (30) Willfully Wilfully or negligently violating the
24 confidentiality between physician and patient except as
25 required by law.
26 (31) The use of any false, fraudulent, or deceptive

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1 statement in any document connected with practice under
2 this Act.
3 (32) Aiding and abetting an individual not licensed
4 under this Act in the practice of a profession licensed
5 under this Act.
6 (33) Violating state or federal laws or regulations
7 relating to controlled substances, legend drugs, or
8 ephedra as defined in the Ephedra Prohibition Act.
9 (34) Failure to report to the Department any adverse
10 final action taken against them by another licensing
11 jurisdiction (any other state or any territory of the
12 United States or any foreign state or country), by any peer
13 review body, by any health care institution, by any
14 professional society or association related to practice
15 under this Act, by any governmental agency, by any law
16 enforcement agency, or by any court for acts or conduct
17 similar to acts or conduct which would constitute grounds
18 for action as defined in this Section.
19 (35) Failure to report to the Department surrender of a
20 license or authorization to practice as a medical doctor, a
21 doctor of osteopathy, a doctor of osteopathic medicine, or
22 doctor of chiropractic in another state or jurisdiction, or
23 surrender of membership on any medical staff or in any
24 medical or professional association or society, while
25 under disciplinary investigation by any of those
26 authorities or bodies, for acts or conduct similar to acts

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1 or conduct which would constitute grounds for action as
2 defined in this Section.
3 (36) Failure to report to the Department any adverse
4 judgment, settlement, or award arising from a liability
5 claim related to acts or conduct similar to acts or conduct
6 which would constitute grounds for action as defined in
7 this Section.
8 (37) Failure to provide copies of medical records as
9 required by law.
10 (38) Failure to furnish the Department, its
11 investigators or representatives, relevant information,
12 legally requested by the Department after consultation
13 with the Chief Medical Coordinator or the Deputy Medical
14 Coordinator.
15 (39) Violating the Health Care Worker Self-Referral
16 Act.
17 (40) Willful failure to provide notice when notice is
18 required under the Parental Notice of Abortion Act of 1995.
19 (41) Failure to establish and maintain records of
20 patient care and treatment as required by this law.
21 (42) Entering into an excessive number of written
22 collaborative agreements with licensed advanced practice
23 nurses resulting in an inability to adequately
24 collaborate.
25 (43) Repeated failure to adequately collaborate with a
26 licensed advanced practice nurse.

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1 (44) Violating the Compassionate Use of Medical
2 Cannabis Pilot Program Act.
3 (45) Entering into an excessive number of written
4 collaborative agreements with licensed prescribing
5 psychologists resulting in an inability to adequately
6 collaborate.
7 (46) Repeated failure to adequately collaborate with a
8 licensed prescribing psychologist.
9 (47) Willfully failing to report an instance of
10 suspected abuse, neglect, financial exploitation, or
11 self-neglect of an eligible adult as defined in and
12 required by the Adult Protective Services Act.
13 (48) Being named as an abuser in a verified report by
14 the Department on Aging under the Adult Protective Services
15 Act, and upon proof by clear and convincing evidence that
16 the licensee abused, neglected, or financially exploited
17 an eligible adult as defined in the Adult Protective
18 Services Act.
19 Except for actions involving the ground numbered (26), all
20proceedings to suspend, revoke, place on probationary status,
21or take any other disciplinary action as the Department may
22deem proper, with regard to a license on any of the foregoing
23grounds, must be commenced within 5 years next after receipt by
24the Department of a complaint alleging the commission of or
25notice of the conviction order for any of the acts described
26herein. Except for the grounds numbered (8), (9), (26), and

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1(29), no action shall be commenced more than 10 years after the
2date of the incident or act alleged to have violated this
3Section. For actions involving the ground numbered (26), a
4pattern of practice or other behavior includes all incidents
5alleged to be part of the pattern of practice or other behavior
6that occurred, or a report pursuant to Section 23 of this Act
7received, within the 10-year period preceding the filing of the
8complaint. In the event of the settlement of any claim or cause
9of action in favor of the claimant or the reduction to final
10judgment of any civil action in favor of the plaintiff, such
11claim, cause of action or civil action being grounded on the
12allegation that a person licensed under this Act was negligent
13in providing care, the Department shall have an additional
14period of 2 years from the date of notification to the
15Department under Section 23 of this Act of such settlement or
16final judgment in which to investigate and commence formal
17disciplinary proceedings under Section 36 of this Act, except
18as otherwise provided by law. The time during which the holder
19of the license was outside the State of Illinois shall not be
20included within any period of time limiting the commencement of
21disciplinary action by the Department.
22 The entry of an order or judgment by any circuit court
23establishing that any person holding a license under this Act
24is a person in need of mental treatment operates as a
25suspension of that license. That person may resume their
26practice only upon the entry of a Departmental order based upon

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1a finding by the Disciplinary Board that they have been
2determined to be recovered from mental illness by the court and
3upon the Disciplinary Board's recommendation that they be
4permitted to resume their practice.
5 The Department may refuse to issue or take disciplinary
6action concerning the license of any person who fails to file a
7return, or to pay the tax, penalty or interest shown in a filed
8return, or to pay any final assessment of tax, penalty or
9interest, as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied as determined by
12the Illinois Department of Revenue.
13 The Department, upon the recommendation of the
14Disciplinary Board, shall adopt rules which set forth standards
15to be used in determining:
16 (a) when a person will be deemed sufficiently
17 rehabilitated to warrant the public trust;
18 (b) what constitutes dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud, or harm the public;
21 (c) what constitutes immoral conduct in the commission
22 of any act, including, but not limited to, commission of an
23 act of sexual misconduct related to the licensee's
24 practice; and
25 (d) what constitutes gross negligence in the practice
26 of medicine.

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1 However, no such rule shall be admissible into evidence in
2any civil action except for review of a licensing or other
3disciplinary action under this Act.
4 In enforcing this Section, the Disciplinary Board or the
5Licensing Board, upon a showing of a possible violation, may
6compel, in the case of the Disciplinary Board, any individual
7who is licensed to practice under this Act or holds a permit to
8practice under this Act, or, in the case of the Licensing
9Board, any individual who has applied for licensure or a permit
10pursuant to this Act, to submit to a mental or physical
11examination and evaluation, or both, which may include a
12substance abuse or sexual offender evaluation, as required by
13the Licensing Board or Disciplinary Board and at the expense of
14the Department. The Disciplinary Board or Licensing Board shall
15specifically designate the examining physician licensed to
16practice medicine in all of its branches or, if applicable, the
17multidisciplinary team involved in providing the mental or
18physical examination and evaluation, or both. The
19multidisciplinary team shall be led by a physician licensed to
20practice medicine in all of its branches and may consist of one
21or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed chiropractic
23physicians, licensed clinical psychologists, licensed clinical
24social workers, licensed clinical professional counselors, and
25other professional and administrative staff. Any examining
26physician or member of the multidisciplinary team may require

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

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1member of the multidisciplinary team to provide information,
2reports, records, or other documents or to provide any
3testimony regarding the examination and evaluation. The
4individual to be examined may have, at his or her own expense,
5another physician of his or her choice present during all
6aspects of the examination. Failure of any individual to submit
7to mental or physical examination and evaluation, or both, when
8directed, shall result in an automatic suspension, without
9hearing, until such time as the individual submits to the
10examination. If the Disciplinary Board or Licensing Board finds
11a physician unable to practice following an examination and
12evaluation because of the reasons set forth in this Section,
13the Disciplinary Board or Licensing Board shall require such
14physician to submit to care, counseling, or treatment by
15physicians, or other health care professionals, approved or
16designated by the Disciplinary Board, as a condition for
17issued, continued, reinstated, or renewed licensure to
18practice. Any physician, whose license was granted pursuant to
19Sections 9, 17, or 19 of this Act, or, continued, reinstated,
20renewed, disciplined or supervised, subject to such terms,
21conditions or restrictions who shall fail to comply with such
22terms, conditions or restrictions, or to complete a required
23program of care, counseling, or treatment, as determined by the
24Chief Medical Coordinator or Deputy Medical Coordinators,
25shall be referred to the Secretary for a determination as to
26whether the licensee shall have their license suspended

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1immediately, pending a hearing by the Disciplinary Board. In
2instances in which the Secretary immediately suspends a license
3under this Section, a hearing upon such person's license must
4be convened by the Disciplinary Board within 15 days after such
5suspension and completed without appreciable delay. The
6Disciplinary Board shall have the authority to review the
7subject physician's record of treatment and counseling
8regarding the impairment, to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11 An individual licensed under this Act, affected under this
12Section, shall be afforded an opportunity to demonstrate to the
13Disciplinary Board that they can resume practice in compliance
14with acceptable and prevailing standards under the provisions
15of their license.
16 The Department may promulgate rules for the imposition of
17fines in disciplinary cases, not to exceed $10,000 for each
18violation of this Act. Fines may be imposed in conjunction with
19other forms of disciplinary action, but shall not be the
20exclusive disposition of any disciplinary action arising out of
21conduct resulting in death or injury to a patient. Any funds
22collected from such fines shall be deposited in the Illinois
23State Medical Disciplinary Fund.
24 All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the fine
26or in accordance with the terms set forth in the order imposing

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1the fine.
2 (B) The Department shall revoke the license or permit
3issued under this Act to practice medicine or a chiropractic
4physician who has been convicted a second time of committing
5any felony under the Illinois Controlled Substances Act or the
6Methamphetamine Control and Community Protection Act, or who
7has been convicted a second time of committing a Class 1 felony
8under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
9person whose license or permit is revoked under this subsection
10B shall be prohibited from practicing medicine or treating
11human ailments without the use of drugs and without operative
12surgery.
13 (C) The Department shall not revoke, suspend, place on
14probation, reprimand, refuse to issue or renew, or take any
15other disciplinary or non-disciplinary action against the
16license or permit issued under this Act to practice medicine to
17a physician based solely upon the recommendation of the
18physician to an eligible patient regarding, or prescription
19for, or treatment with, an investigational drug, biological
20product, or device.
21 (D) The Disciplinary Board shall recommend to the
22Department civil penalties and any other appropriate
23discipline in disciplinary cases when the Board finds that a
24physician willfully performed an abortion with actual
25knowledge that the person upon whom the abortion has been
26performed is a minor or an incompetent person without notice as

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1required under the Parental Notice of Abortion Act of 1995.
2Upon the Board's recommendation, the Department shall impose,
3for the first violation, a civil penalty of $1,000 and for a
4second or subsequent violation, a civil penalty of $5,000.
5(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
698-1140, eff. 12-30-14; 99-270, eff. 1-1-16; 99-933, eff.
71-27-17.)
8 (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
9 (Section scheduled to be repealed on December 31, 2017)
10 Sec. 35. The Secretary shall have the authority to appoint
11an attorney duly licensed to practice law in the State of
12Illinois to serve as the hearing officer in any action to
13suspend, revoke, place on probationary status, or take any
14other disciplinary action with regard to a license. The hearing
15officer shall have full authority to conduct the hearing. The
16hearing officer shall report his findings and recommendations
17to the Disciplinary Board or Licensing Board within 30 days of
18the receipt of the record. The Disciplinary Board or Licensing
19Board shall have 60 days from receipt of the report to review
20the report of the hearing officer and present their findings of
21fact, conclusions of law and recommendations to the Secretary.
22(Source: P.A. 97-622, eff. 11-23-11.)
23 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
24 (Section scheduled to be repealed on December 31, 2017)

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1 Sec. 39. Certified shorthand reporter; record
2Stenographer; transcript. The Department, at its expense,
3shall provide a certified shorthand reporter stenographer to
4take down the testimony and preserve a record of all
5proceedings at the hearing of any case wherein a license may be
6revoked, suspended, placed on probationary status, or other
7disciplinary action taken with regard thereto. The notice of
8hearing, complaint and all other documents in the nature of
9pleadings and written motions filed in the proceedings, the
10transcript of testimony, the report of the Licensing Board and
11the orders of the Department constitute the record of the
12proceedings. The Department shall furnish a copy transcript of
13the record to any person interested in such hearing upon
14payment of the fee required under Section 2105-115 of the
15Department of Professional Regulation Law (20 ILCS
162105/2105-115). The Department may contract for court
17reporting services, and, in the event it does so, the
18Department shall provide the name and contact information for
19the certified shorthand reporter who transcribed the testimony
20at a hearing to any person interested, who may obtain a copy of
21the record of any proceedings at a hearing upon payment of the
22fee specified by the certified shorthand reporter. This charge
23is in addition to any fee charged by the Department for
24certifying the record.
25(Source: P.A. 91-239, eff. 1-1-00.)
26 Section 99. Effective date. This Act takes effect upon

SB1348 Enrolled- 23 -LRB100 09271 SMS 19429 b
1becoming law.

SB1348 Enrolled- 24 -LRB100 09271 SMS 19429 b
1 INDEX
2 Statutes amended in order of appearance