There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 60/ Medical Practice Act of 1987.
(225 ILCS 60/1) (from Ch. 111, par. 4400‑1)
(Section scheduled to be repealed on January 1, 2007)
Sec. 1.
This Act shall be known and may be cited as the Medical Practice Act of 1987.
(Source: P.A. 85‑4.)
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(225 ILCS 60/2) (from Ch. 111, par. 4400‑2)
(Section scheduled to be repealed on January 1, 2007)
Sec. 2.
Definitions.
For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
1. "Act" means the Medical Practice Act of 1987.
2. "Department" means the Department of Professional Regulation.
3. "Director" means the Director of Professional Regulation.
4. "Disciplinary Action" means revocation,
suspension, probation, supervision, practice modification,
reprimand, required education, fines or any other action
taken by the Department against a person holding a license.
5. "Disciplinary Board" means the Medical Disciplinary
Board.
6. "Final Determination" means the governing body's
final action taken under the procedure followed by a health
care institution, or professional association or society,
against any person licensed under the Act in accordance with
the bylaws or rules and regulations of such health care
institution, or professional association or society.
7. "Fund" means the Medical Disciplinary Fund.
8. "Impaired" means the inability to practice
medicine with reasonable skill and safety due to physical or
mental disabilities as evidenced by a written determination
or written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree to
diminish a person's ability to deliver competent patient
care.
9. "Licensing Board" means the Medical Licensing Board.
10. "Physician" means a person licensed under the
Medical Practice Act to practice medicine in all of its
branches or a chiropractic physician licensed to treat human
ailments without the use of drugs and without
operative surgery.
11. "Professional Association" means an association or
society of persons licensed under this Act, and operating
within the State of Illinois, including but not limited to,
medical societies, osteopathic organizations, and
chiropractic organizations, but this term shall not be
deemed to include hospital medical staffs.
12. "Program of Care, Counseling, or Treatment" means
a written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Disciplinary
Board, designed for the purpose of restoring an impaired
person to a condition whereby the impaired person can
practice medicine with reasonable skill and safety of a
sufficient degree to deliver competent patient care.
(Source: P.A. 85‑1209; 85‑1245; 85‑1440.)
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(225 ILCS 60/3) (from Ch. 111, par. 4400‑3)
(Section scheduled to be repealed on January 1, 2007)
Sec. 3.
Licensure requirement.
No person shall practice medicine, or
any
of its branches, or
treat human ailments without the use of
drugs and without operative surgery, without a valid,
existing license to do so, except that a physician who holds
an active license in another state or a second year resident
enrolled in a residency program accredited by the Liaison
Committee on Graduate Medical Education or the Bureau of Professional
Education of the American
Osteopathic Association
may provide medical services to patients in Illinois during
a bonafide emergency in immediate preparation for or during
interstate transit.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/3.5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 3.5.
Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a physician without being licensed under this
Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)
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(225 ILCS 60/4) (from Ch. 111, par. 4400‑4)
Sec. 4.
Exemptions.
(a) This Act does not apply to the following:
(1) persons lawfully carrying on their particular | ||
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(2) persons rendering gratuitous services in cases | ||
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(3) persons treating human ailments by prayer or | ||
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(b) (Blank).
(Source: P.A. 93‑379, eff. 7‑24‑03.)
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(225 ILCS 60/5) (from Ch. 111, par. 4400‑5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 5.
Because the candid and conscientious evaluation of clinical
practices is essential to the provision of adequate health care, it is the
policy of this State to encourage peer review by health care providers.
Therefore, while serving upon any committee whose purpose, directly or
indirectly, is internal quality control
or medical study to reduce morbidity or mortality, or for
improving patient care or physician services within a
hospital duly licensed under the Hospital Licensing Act, or
within a professional association of persons licensed under
this Act, or the improving or benefiting of patient care and
treatment whether within a hospital or not, or for the
purpose of professional discipline, any person serving on
such committee, and any person providing service to such
committees, shall not be liable for civil damages as a
result of their acts, omissions, decisions, or any other
conduct in connection with their duties on such committees,
except those involving wilful or wanton misconduct.
Information considered shall be afforded the same
status as is information concerning medical studies by Part
21 of Article VIII of the "Code of Civil Procedure", as now
or hereafter amended.
(Source: P.A. 85‑1209.)
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(225 ILCS 60/6) (from Ch. 111, par. 4400‑6)
(Section scheduled to be repealed on January 1, 2007)
Sec. 6.
It is declared to be the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this
Act to be exercised by the State is an exclusive State power or function.
Such power or function shall not be exercised concurrently, either directly
or indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.
(Source: P.A. 85‑4.)
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(225 ILCS 60/7.5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 7.5.
Complaint Committee.
(a) There shall be a Complaint Committee of the Disciplinary Board
composed of at least one of the medical coordinators established by subsection
(g) of Section 7 of this Act, the Chief of Medical Investigations (person
employed by the Department who is in charge of investigating complaints against
physicians and physician assistants), and at least 3 voting members of the
Disciplinary Board (at least 2 of whom shall be physicians) designated by the
Chairman of the Medical Disciplinary Board with the approval of the
Disciplinary Board. The Disciplinary Board members so appointed shall serve
one‑year terms and may be eligible for reappointment
for subsequent terms.
(b) The Complaint Committee shall meet at least twice a month to
exercise its functions and duties set forth in subsection (c) below. At least 2
members of the Disciplinary Board shall be in attendance in order for any
business to be transacted by the Complaint Committee. The Complaint Committee
shall make every effort to consider expeditiously and take prompt action on
each item on its agenda.
(c) The Complaint Committee shall have the following duties and functions:
(1) To recommend to the Disciplinary Board that a | ||
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(2) To refer a complaint file to the office of the | ||
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(3) To make a decision in conjunction with the Chief | ||
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(d) In determining what action to take or whether to proceed with
prosecution of a complaint, the Complaint Committee shall consider, but not be
limited to, the following factors: sufficiency of the evidence presented,
prosecutorial merit under Section 22 of this Act, and insufficient cooperation
from complaining parties.
(Source: P.A. 93‑214, eff. 1‑1‑04.)
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(225 ILCS 60/8) (from Ch. 111, par. 4400‑8)
(Section scheduled to be repealed on January 1, 2007)
Sec. 8.
Medical Licensing Board.
(A) There is hereby created a Medical
Licensing Board (hereinafter referred to as the
"Licensing Board"). The Licensing Board shall be composed
of 7 members, to be appointed by the Governor by and with
the advice and consent of the Senate; 5 of whom shall be
reputable physicians licensed to practice medicine in all of
its branches in Illinois, possessing the degree of doctor of
medicine; one member shall be a reputable physician licensed
in Illinois to practice medicine in all of its branches,
possessing the degree of doctor of osteopathy or osteopathic medicine; and
one
member shall be a reputable physician licensed to practice
in Illinois and possessing the degree of doctor of
chiropractic. Of the 5 members holding the degree of doctor
of medicine, one shall be a full‑time or part‑time teacher
of professorial rank in the clinical department of an
Illinois school of medicine.
(B) Members of the
Licensing Board shall be appointed for terms of 4 years, and until their successors are appointed and
qualified. Appointments to fill vacancies shall be made in
the same manner as original appointments, for the unexpired
portion of the vacated term. No more than 4 members of
the Licensing Board shall be members of the same political
party and all members shall be residents of this State. No
member of the Licensing Board may be appointed to more than
2 successive 4 year terms. This limitation shall only
apply to individuals appointed to the Licensing Board after
the effective date of this Act.
(C) Members of the Licensing Board shall be immune
from suit in any action based upon any licensing proceedings
or other acts performed in good faith as members of the
Licensing Board.
(D) (Blank).
(E) The Licensing Board shall annually elect one of
its members as chairperson and one as vice chairperson. No member
shall be elected more than twice in succession to the same
office. Each officer shall serve until their successor has
been elected and qualified.
(F) None of the functions, powers or duties of the
Department with respect to policies regarding licensure and examination
under
this Act, including the promulgation of such rules as may be
necessary for the administration of this Act, shall be
exercised by the Department except upon review of the
Licensing Board.
(G) The Licensing Board shall receive the same
compensation as the members of the Medical
Disciplinary Board, which compensation shall be paid out of
the Illinois State Medical Disciplinary Fund.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/9) (from Ch. 111, par. 4400‑9)
(Section scheduled to be repealed on January 1, 2007)
Sec. 9.
Application for license.
Each applicant for a license shall:
(A) Make application on blank forms prepared and | ||
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(B) Submit evidence satisfactory to the Department | ||
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(1) is of good moral character. In determining | ||
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(2) has the preliminary and professional | ||
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(3) (blank); and
(4) is physically, mentally, and professionally | ||
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In determining professional capacity under this | ||
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(C) Designate specifically the name, location, and | ||
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(D) Pay to the Department at the time of application | ||
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(E) Pursuant to Department rules, as required, pass | ||
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(F) Complete the application process within 3 years | ||
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(Source: P.A. 89‑387, eff. 8‑20‑95; 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/9.5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 9.5.
Social Security Number on license application.
In addition
to any other information required to be contained in the application, every
application for an original, renewal, or restored license under this Act shall
include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)
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(225 ILCS 60/9.7)
(Section scheduled to be repealed on January 1, 2007)
Sec. 9.7.
Criminal background check.
The Department shall require an applicant for a license under Section 19 of
this Act to
undergo
a criminal
background
check. The Department shall adopt rules to implement this Section.
(Source: P.A. 90‑722, eff. 1‑1‑99.)
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(225 ILCS 60/10) (from Ch. 111, par. 4400‑10)
(Section scheduled to be repealed on January 1, 2007)
Sec. 10.
The Department shall:
(A) Make rules for establishing reasonable minimum
standards of educational requirements to be observed by
medical, osteopathic and chiropractic colleges;
(B) Effectuate the policy of the State of Illinois that the quality of
medical training is an appropriate concern in the recruiting, licensing,
credentialing and participation in residency programs of physicians.
However, it is inappropriate to discriminate against any physician because
of national origin or geographic location of medical education;
(C) Formulate rules and regulations required for the
administration of this Act.
(Source: P.A. 86‑573.)
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(225 ILCS 60/11) (from Ch. 111, par. 4400‑11)
(Section scheduled to be repealed on January 1, 2007)
Sec. 11.
Minimum education standards.
The minimum standards of
professional
education to be enforced by the Department in conducting
examinations and issuing licenses shall be as follows:
(A) Practice of medicine. For the practice of | ||
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(1) For applications for licensure under | ||
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(a) that the applicant is a graduate of a | ||
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(b) that the applicant is a graduate of a | ||
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For the purposes of this subparagraph (b) an | ||
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(c) that the applicant has studied medicine | ||
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(d) Any clinical clerkships must have been | ||
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(2) Effective January 1, 1988, for applications | ||
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(a) that the applicant: (i) graduated from a | ||
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(b) that the applicant has studied medicine | ||
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(3) (Blank).
(4) Any person granted a temporary license | ||
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(5) Notwithstanding any other provision of this | ||
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(B) Treating human ailments without drugs and | ||
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(1) For an applicant who was a resident student | ||
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(2) For an applicant who is a matriculant in a | ||
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(3) For an applicant who is a graduate of a | ||
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(4) For an applicant who is a graduate of a | ||
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(Source: P.A. 89‑702, eff. 7‑1‑97; 90‑818, eff. 3‑23‑99.)
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(225 ILCS 60/11.1) (from Ch. 111, par. 4400‑11.1)
Sec. 11.1.
(Repealed).
(Source: P.A. 86‑1251. Repealed by P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/12) (from Ch. 111, par. 4400‑12)
(Section scheduled to be repealed on January 1, 2007)
Sec. 12.
All examinations provided for by this Act
shall be conducted under rules prescribed from time to time
by the Department. Examinations shall be held not less
frequently than 2 times every year, at times and places
prescribed by the Department, of which applicants shall be
notified by the Department in writing, and may be conducted
wholly or in part in writing.
If an applicant neglects, fails without an approved
excuse or refuses to take the next available examination
offered for license under this Act, the fee paid by the
applicant shall be forfeited and the application denied. If
an applicant fails to pass an examination for a license
under this Act within 3 years after filing their
application, the application shall be denied. However, such
applicant may thereafter make a new application for
examination, accompanied by the required fee and satisfy the
requirements then in existence for a license.
(Source: P.A. 85‑4.)
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(225 ILCS 60/13) (from Ch. 111, par. 4400‑13)
(Section scheduled to be repealed on January 1, 2007)
Sec. 13.
Medical students.
Candidates for the degree of doctor of
medicine, doctor of osteopathy, or doctor of osteopathic medicine enrolled in a
medical or osteopathic college, accredited by the Liaison Committee on Medical
Education or the Bureau of Professional Education of the American Osteopathic
Association, may practice under the direct, on‑premises supervision of a
physician who is licensed to practice medicine in all its branches in Illinois
and who is a member of the faculty of an accredited medical or osteopathic
college.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/14) (from Ch. 111, par. 4400‑14)
(Section scheduled to be repealed on January 1, 2007)
Sec. 14.
Chiropractic students.
Candidates for the degree of doctor of
chiropractic enrolled in a chiropractic college, accredited by the Council on
Chiropractic Education, may practice under the direct, on‑premises supervision
of a physician who is licensed to treat human ailments without the use of drugs
and without operative surgery and who is a member of the faculty of an
accredited chiropractic college.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/15) (from Ch. 111, par. 4400‑15)
(Section scheduled to be repealed on January 1, 2007)
Sec. 15.
Physician licensed to practice without drugs and operative
surgery; license for general practice. Any physician licensed under this
Act to
treat human ailments without the use of prescriptive drugs
and operative surgery shall be permitted to take the
examination for licensure as a physician to practice medicine in
all its branches and
shall receive a license to practice medicine in all of its
branches if he or she shall successfully pass such
examination, upon proof of having successfully completed in
a medical college, osteopathic college or chiropractic
college reputable and in good standing in the judgment of
the Department, courses of instruction in materia medica,
therapeutics, surgery, obstetrics, and theory and practice
deemed by the Department to be equal to the courses of
instruction required in those subjects for admission to the
examination for a license to practice medicine in all of its
branches, together with proof of having completed (a) the
2 year course of instruction in a college of liberal
arts, or its equivalent, required under this Act, and (b) a
course of postgraduate clinical training of not less than 24
months as approved by the Department.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/16) (from Ch. 111, par. 4400‑16)
(Section scheduled to be repealed on January 1, 2007)
Sec. 16.
Ineligibility for examination.
Any person who shall fail any
examination
for licensure as a medical doctor, doctor of osteopathy or osteopathic
medicine, or
doctor of chiropractic in this or any other jurisdiction a
total of 5 times shall thereafter be ineligible for further
examinations until such time as such person shall submit to
the Department evidence of further formal professional study, as required by
rule of the Department,
in an accredited institution.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/17) (from Ch. 111, par. 4400‑17)
(Section scheduled to be repealed on January 1, 2007)
Sec. 17.
Temporary license.
Persons holding the degree of Doctor of
Medicine, persons
holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, and persons holding the degree
of Doctor of Chiropractic or persons who have satisfied
the requirements
therefor and are eligible to receive such degree from
a medical, osteopathic, or chiropractic school, who wish to
pursue programs
of graduate or specialty training in this State, may receive
without examination, in the discretion of the Department, a
3‑year temporary license. In order to receive a 3‑year
temporary license hereunder, an applicant shall furnish
satisfactory proof to the Department that the applicant:
(A) Is of good moral character. In determining | ||
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(B) Has been accepted or appointed for specialty or | ||
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(C) Has or will satisfy the professional education | ||
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(D) Is physically, mentally, and professionally | ||
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Three‑year temporary licenses issued pursuant to this
Section shall be valid only for the period of time
designated therein, and may be extended or renewed pursuant
to the rules of the Department, and if a temporary license
is thereafter extended, it shall not extend beyond
completion of the residency program. The holder of a valid
3‑year temporary license shall be entitled thereby to
perform only such acts as may be prescribed by and
incidental to their program of residency training; they
shall not be entitled to otherwise engage in the practice of
medicine in this State unless fully licensed in this State.
A 3‑year temporary license may be revoked by the
Department upon proof that the holder thereof has engaged in
the practice of medicine in this State outside of the
program of their residency or specialty training, or if the
holder shall fail to supply the Department, within 10 days
of its request, with information as to their current status
and activities in their specialty training program.
(Source: P.A. 89‑702, eff. 7‑1‑97; 90‑54, eff. 7‑3‑97.)
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(225 ILCS 60/18) (from Ch. 111, par. 4400‑18)
(Section scheduled to be repealed on January 1, 2007)
Sec. 18.
Visiting professor, physician, or resident permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a | ||
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(a) the person maintains an equivalent | ||
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(b) the person has received a faculty | ||
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(c) the Department may prescribe the information | ||
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(2) Application for visiting professor permits shall | ||
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(3) A visiting professor permit shall be valid for | ||
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(4) The applicant may be required to appear before | ||
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(5) Persons holding a permit under this Section | ||
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(6) A visiting professor permit shall be valid until | ||
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(i) have obtained the required continuing | ||
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(ii) have paid the fee prescribed for a license | ||
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For initial renewal, the visiting professor must successfully pass a
general competency examination authorized by the Department by rule.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a | ||
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(a) (blank);
(b) that the person maintains an equivalent | ||
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(c) that the person has received an invitation | ||
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(d) that the temporary visiting physician permit | ||
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(2) The application for the temporary visiting | ||
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(3) A temporary visiting physician permit shall be | ||
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(4) The applicant for a temporary visiting physician | ||
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(5) A limited temporary visiting physician permit | ||
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(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a | ||
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(a) (blank);
(b) that the person maintains an equivalent | ||
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(c) that the applicant is enrolled in a | ||
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(d) that the individual has been invited or | ||
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(e) that the temporary visiting resident permit | ||
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(2) The application for the temporary visiting | ||
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(3) A temporary visiting resident permit shall be | ||
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(4) The applicant for a temporary visiting resident | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑100, eff. 7‑20‑01.)
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(225 ILCS 60/19) (from Ch. 111, par. 4400‑19)
(Section scheduled to be repealed on January 1, 2007)
Sec. 19.
Licensure without examination.
The Department may, in its
discretion,
issue a license without examination to any person who is currently licensed
to practice medicine in all of its branches,
or to practice the treatment of human ailments without the
use of drugs or operative surgery, in any other state,
territory, country or province, upon the following
conditions:
(A) (Blank);
(B) That the applicant is of good moral character. | ||
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(C) That the applicant is physically, mentally and | ||
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(D) That if the applicant seeks to practice medicine | ||
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(1) if the applicant was licensed in another | ||
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(2) if the applicant was licensed in another | ||
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(3) the requirements for a license to practice | ||
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(E) That if the applicant seeks to treat human | ||
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(1) the applicant is a graduate of a | ||
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(2) the requirements for the applicant's license | ||
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(F) That the Department may, in its discretion, | ||
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(G) That applications for licenses without | ||
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(H) That the applicant undergo the criminal | ||
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In the exercise of its discretion under this Section,
the Department is empowered to consider and evaluate each
applicant on an individual basis. It may take into account,
among other things, the extent to which there is or is not
available to the Department, authentic and definitive
information concerning the quality of medical education and
clinical training which the applicant has had. Under no
circumstances shall a license be issued under the provisions
of this Section to any person who has previously taken and
failed the written examination conducted by the Department
for such license. In determining moral character, the
Department may take into consideration whether the applicant
has engaged in conduct or activities which would constitute
grounds for discipline under this Act. The Department may
also request the applicant to submit, and may consider as
evidence of moral character, evidence from 2 or 3
individuals licensed under this Act.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within 3 years, the
application shall be denied, the fees shall be forfeited, and the applicant
must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 89‑702, eff. 7‑1‑97; 90‑722, eff. 1‑1‑99.)
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(225 ILCS 60/20) (from Ch. 111, par. 4400‑20)
(Section scheduled to be repealed on January 1, 2007)
Sec. 20.
Continuing education.
The Department shall promulgate
rules of continuing education for persons licensed under
this Act that require 150 hours of
continuing education per license renewal cycle. These rules
shall be consistent with
requirements of relevant professional associations, speciality
societies, or boards. The rules shall also address variances in part or in
whole for good cause, including but not limited to illness
or
hardship. In establishing these rules, the
Department shall consider educational requirements for
medical staffs, requirements for specialty society board
certification or for continuing education requirements as a
condition of membership in societies representing the 2
categories of licensee under this Act. These rules shall
assure that licensees are given the opportunity to
participate in those programs sponsored by or through their
professional associations or hospitals which are relevant to
their practice. Each licensee is responsible for maintaining records of
completion of continuing education and shall be prepared to produce the
records when requested by the Department.
(Source: P.A. 92‑750, eff. 1‑1‑03.)
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(225 ILCS 60/21) (from Ch. 111, par. 4400‑21)
(Section scheduled to be repealed on January 1, 2007)
Sec. 21.
License renewal; restoration; inactive status; disposition and
collection of fees.
(A) Renewal. The expiration date and renewal period for each
license issued under this Act shall be set by rule. The holder of a
license may renew the license by paying the required fee. The
holder of a
license may also renew the license within 90 days after its expiration by
complying with the requirements for renewal and payment of an additional
fee. A license renewal within 90 days after expiration shall be effective
retroactively to the expiration date.
The Department shall mail to each licensee under this
Act, at his or her last known address, at least
60 days
in advance of the expiration date of his or her license, a notice
of that fact and an application for renewal form. No such
license shall be deemed to have lapsed until 90 days after the expiration
date and after such notice and application have been mailed by the
Department as herein provided.
(B) Restoration. Any licensee who has permitted his or her
license to lapse or who has had his or her license on inactive
status may have his or her license restored by making application
to the Department and filing proof acceptable to the
Department of his or her fitness to have the
license restored,
including evidence certifying to active practice in another
jurisdiction satisfactory to the Department, proof of meeting the continuing
education requirements for one renewal period, and by paying
the required restoration fee.
If the licensee has not maintained an active practice
in another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status
and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of the practical examination.
However, any registrant whose license has expired while
he or she has been engaged (a) in Federal Service on active
duty
with the Army of the United States, the United States Navy,
the Marine Corps, the Air Force, the Coast Guard, the Public
Health Service or the State Militia called into the service
or training of the United States of America, or (b) in
training or education under the supervision of the United
States preliminary to induction into the military service,
may have his or her license reinstated or restored without paying
any lapsed renewal fees, if within 2 years after honorable
termination of such service, training, or education, he or she
furnishes to the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or
her
service, training, or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the
Department, may elect to place his or her license on an inactive
status and shall, subject to rules of the Department, be
excused from payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
Any licensee requesting restoration from inactive
status shall be required to pay the current renewal fee, provide proof of
meeting the continuing education requirements for the period of time the
license is inactive not to exceed one renewal period, and
shall be required to restore his or her license as provided
in
subsection (B).
Any licensee whose license is in an inactive status
shall not practice in the State of Illinois.
(D) Disposition of monies collected. All monies
collected under this Act by the Department shall be
deposited in the Illinois State Medical Disciplinary Fund in
the State Treasury, and used only for the following
purposes: (a) by the Medical Disciplinary
Board in the exercise of its powers and performance of its
duties, as such use is made by the Department with full
consideration of all recommendations of the Medical
Disciplinary Board, (b) for costs directly related to
persons licensed under this Act, and (c) for direct and allocable indirect
costs related to the public purposes of the Department of Professional
Regulation.
Moneys in the Fund may be transferred to the Professions Indirect Cost Fund
as authorized under Section 2105‑300 of the Department of Professional
Regulation Law (20 ILCS 2105/2105‑300).
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited
in the Illinois State Medical Disciplinary Fund and shall be
used for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required | ||
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(2) The fee for a license under Section 9 of this | ||
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(3) The fee for a license under Section 19 of this | ||
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(4) The fee for the renewal of a license for a | ||
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(5) The fee for the restoration of a license other | ||
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(6) The fee for a 3‑year temporary license under | ||
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(7) The fee for the issuance of a duplicate license, | ||
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(8) The fee to be paid for a license record for any | ||
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(9) The fee to be paid to have the scoring of an | ||
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(10) The fee to be paid by a licensee for a wall | ||
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(11) The fee for a roster of persons licensed as | ||
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(F) Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 91‑239, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99; 92‑16, eff.
6‑28‑01; 92‑146, eff. 1‑1‑02.)
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(a) a facility licensed pursuant to the | ||
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(b) an institution licensed under the Hospital | ||
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(c) an ambulatory surgical treatment center or | ||
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(d) ambulatory surgical treatment centers, | ||
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(e) ambulatory surgical treatment centers, | ||
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(2) Performance of an abortion procedure in a wilful | ||
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(3) The conviction of a felony in this or any other | ||
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(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or | ||
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(6) Obtaining any fee by fraud, deceit, or | ||
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(7) Habitual or excessive use or abuse of drugs | ||
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(8) Practicing under a false or, except as provided | ||
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(9) Fraud or misrepresentation in applying for, or | ||
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(10) Making a false or misleading statement | ||
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(11) Allowing another person or organization to use | ||
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(12) Disciplinary action of another state or | ||
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(13) Violation of any provision of this Act or of | ||
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(14) Dividing with anyone other than physicians with | ||
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(15) A finding by the Medical Disciplinary Board | ||
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(16) Abandonment of a patient.
(17) Prescribing, selling, administering, | ||
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(18) Promotion of the sale of drugs, devices, | ||
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(19) Offering, undertaking or agreeing to cure or | ||
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(20) Immoral conduct in the commission of any act | ||
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(21) Wilfully making or filing false records or | ||
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(22) Wilful omission to file or record, or wilfully | ||
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(23) Being named as a perpetrator in an indicated | ||
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(24) Solicitation of professional patronage by any | ||
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(25) Gross and wilful and continued overcharging for | ||
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(26) A pattern of practice or other behavior which | ||
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(27) Mental illness or disability which results in | ||
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(28) Physical illness, including, but not limited | ||
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(29) Cheating on or attempt to subvert the licensing | ||
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(30) Wilfully or negligently violating the | ||
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(31) The use of any false, fraudulent, or deceptive | ||
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(32) Aiding and abetting an individual not licensed | ||
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(33) Violating state or federal laws or regulations | ||
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(34) Failure to report to the Department any adverse | ||
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(35) Failure to report to the Department surrender | ||
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(36) Failure to report to the Department any adverse | ||
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(37) Failure to transfer copies of medical records | ||
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||
(38) Failure to furnish the Department, its | ||
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||
(39) Violating the Health Care Worker Self‑Referral | ||
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(40) Willful failure to provide notice when notice | ||
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||
(41) Failure to establish and maintain records of | ||
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(42) Entering into an excessive number of written | ||
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(43) Repeated failure to adequately collaborate with | ||
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All proceedings to suspend,
revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper, with regard to a
license on any of the foregoing grounds, must be commenced within 3 years next
after receipt by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described herein. Except
for the grounds numbered (8), (9) and (29), no action shall be commenced more
than 5 years after the date of the incident or act alleged to have violated
this Section. In the event of the settlement of any claim or cause of action
in favor of the claimant or the reduction to final judgment of any civil action
in favor of the plaintiff, such claim, cause of action or civil action being
grounded on the allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional period of one year
from the date of notification to the Department under Section 23 of this Act
of such settlement or final judgment in which to investigate and
commence formal disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder of the license
was outside the State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the Department.
The entry of an order or judgment by any circuit court establishing that any
person holding a license under this Act is a person in need of mental treatment
operates as a suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon a finding by
the Medical Disciplinary Board that they have been determined to be recovered
from mental illness by the court and upon the Disciplinary Board's
recommendation that they be permitted to resume their practice.
The Department may refuse to issue or take disciplinary action concerning the license of any person
who fails to file a return, or to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are satisfied as
determined by the Illinois Department of Revenue.
The Department, upon the recommendation of the Disciplinary Board, shall
adopt rules which set forth standards to be used in determining:
(a) when a person will be deemed sufficiently | ||
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||
(b) what constitutes dishonorable, unethical or | ||
|
||
(c) what constitutes immoral conduct in the | ||
|
||
(d) what constitutes gross negligence in the | ||
|
||
However, no such rule shall be admissible into evidence in any civil action
except for review of a licensing or other disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any individual licensed to
practice under this Act, or who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical examination, or both,
as required by and at the expense of the Department. The examining physician
or physicians shall be those specifically designated by the Disciplinary Board.
The Medical Disciplinary Board or the Department may order the examining
physician to present testimony concerning this mental or physical examination
of the licensee or applicant. No information shall be excluded by reason of
any common
law or statutory privilege relating to communication between the licensee or
applicant and
the examining physician.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license until such time
as the individual submits to the examination if the Disciplinary Board finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause. If the Disciplinary Board finds a physician unable
to practice because of the reasons set forth in this Section, the Disciplinary
Board shall require such physician to submit to care, counseling, or treatment
by physicians approved or designated by the Disciplinary Board, as a condition
for continued, reinstated, or renewed licensure to practice. Any physician,
whose license was granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised, subject to such
terms, conditions or restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the Director for a
determination as to whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In instances in
which the Director immediately suspends a license under this Section, a hearing
upon such person's license must be convened by the Disciplinary Board within 15
days after such suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the subject physician's
record of treatment and counseling regarding the impairment, to the extent
permitted by applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this Section, shall be
afforded an opportunity to demonstrate to the Disciplinary Board that they can
resume practice in compliance with acceptable and prevailing standards under
the provisions of their license.
The Department may promulgate rules for the imposition of fines in
disciplinary cases, not to exceed $5,000 for each violation of this Act. Fines
may be imposed in conjunction with other forms of disciplinary action, but
shall not be the exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds collected from
such fines shall be deposited in the Medical Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine or to treat
human ailments without the use of drugs and without operative surgery, who
has been convicted a second time of committing any felony under the
Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, or who has been convicted a second time of
committing a Class 1 felony under Sections 8A‑3 and 8A‑6 of the Illinois Public
Aid Code. A person whose license or visiting permit is revoked
under
this subsection B of Section 22 of this Act shall be prohibited from practicing
medicine or treating human ailments without the use of drugs and without
operative surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil
penalties and any other appropriate discipline in disciplinary cases when the
Board finds that a physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been performed is a minor
or an incompetent person without notice as required under the Parental Notice
of Abortion Act of 1995. Upon the Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and for a second or
subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(Text of Section from P.A. 94‑677)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probationary
status, refuse to renew, or take any other disciplinary action as the Department may deem proper
with regard to the license or visiting professor permit of any person issued
under this Act to practice medicine, or to treat human ailments without the use
of drugs and without operative surgery upon any of the following grounds:
(1) Performance of an elective abortion in any | ||
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||
(a) a facility licensed pursuant to the | ||
|
||
(b) an institution licensed under the Hospital | ||
|
||
(c) an ambulatory surgical treatment center or | ||
|
||
(d) ambulatory surgical treatment centers, | ||
|
||
(e) ambulatory surgical treatment centers, | ||
|
||
(2) Performance of an abortion procedure in a wilful | ||
|
||
(3) The conviction of a felony in this or any other | ||
|
||
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or | ||
|
||
(6) Obtaining any fee by fraud, deceit, or | ||
|
||
(7) Habitual or excessive use or abuse of drugs | ||
|
||
(8) Practicing under a false or, except as provided | ||
|
||
(9) Fraud or misrepresentation in applying for, or | ||
|
||
(10) Making a false or misleading statement | ||
|
||
(11) Allowing another person or organization to use | ||
|
||
(12) Disciplinary action of another state or | ||
|
||
(13) Violation of any provision of this Act or of | ||
|
||
(14) Dividing with anyone other than physicians with | ||
|
||
(15) A finding by the Medical Disciplinary Board | ||
|
||
(16) Abandonment of a patient.
(17) Prescribing, selling, administering, | ||
|
||
(18) Promotion of the sale of drugs, devices, | ||
|
||
(19) Offering, undertaking or agreeing to cure or | ||
|
||
(20) Immoral conduct in the commission of any act | ||
|
||
(21) Wilfully making or filing false records or | ||
|
||
(22) Wilful omission to file or record, or wilfully | ||
|
||
(23) Being named as a perpetrator in an indicated | ||
|
||
(24) Solicitation of professional patronage by any | ||
|
||
(25) Gross and wilful and continued overcharging for | ||
|
||
(26) A pattern of practice or other behavior which | ||
|
||
(27) Mental illness or disability which results in | ||
|
||
(28) Physical illness, including, but not limited | ||
|
||
(29) Cheating on or attempt to subvert the licensing | ||
|
||
(30) Wilfully or negligently violating the | ||
|
||
(31) The use of any false, fraudulent, or deceptive | ||
|
||
(32) Aiding and abetting an individual not licensed | ||
|
||
(33) Violating state or federal laws or regulations | ||
|
||
(34) Failure to report to the Department any adverse | ||
|
||
(35) Failure to report to the Department surrender | ||
|
||
(36) Failure to report to the Department any adverse | ||
|
||
(37) Failure to transfer copies of medical records | ||
|
||
(38) Failure to furnish the Department, its | ||
|
||
(39) Violating the Health Care Worker Self‑Referral | ||
|
||
(40) Willful failure to provide notice when notice | ||
|
||
(41) Failure to establish and maintain records of | ||
|
||
(42) Entering into an excessive number of written | ||
|
||
(43) Repeated failure to adequately collaborate with | ||
|
||
Except
for actions involving the ground numbered (26), all proceedings to suspend,
revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper, with regard to a
license on any of the foregoing grounds, must be commenced within 5 years next
after receipt by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described herein. Except
for the grounds numbered (8), (9), (26), and (29), no action shall be commenced more
than 10 years after the date of the incident or act alleged to have violated
this Section. For actions involving the ground numbered (26), a pattern of practice or other behavior includes all incidents alleged to be part of the pattern of practice or other behavior that occurred or a report pursuant to Section 23 of this Act received within the 10‑year period preceding the filing of the complaint. In the event of the settlement of any claim or cause of action
in favor of the claimant or the reduction to final judgment of any civil action
in favor of the plaintiff, such claim, cause of action or civil action being
grounded on the allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional period of 2 years
from the date of notification to the Department under Section 23 of this Act
of such settlement or final judgment in which to investigate and
commence formal disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder of the license
was outside the State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the Department.
The entry of an order or judgment by any circuit court establishing that any
person holding a license under this Act is a person in need of mental treatment
operates as a suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon a finding by
the Medical Disciplinary Board that they have been determined to be recovered
from mental illness by the court and upon the Disciplinary Board's
recommendation that they be permitted to resume their practice.
The Department may refuse to issue or take disciplinary action concerning the license of any person
who fails to file a return, or to pay the tax, penalty or interest shown in a
filed return, or to pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are satisfied as
determined by the Illinois Department of Revenue.
The Department, upon the recommendation of the Disciplinary Board, shall
adopt rules which set forth standards to be used in determining:
(a) when a person will be deemed sufficiently | ||
|
||
(b) what constitutes dishonorable, unethical or | ||
|
||
(c) what constitutes immoral conduct in the | ||
|
||
(d) what constitutes gross negligence in the | ||
|
||
However, no such rule shall be admissible into evidence in any civil action
except for review of a licensing or other disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any individual licensed to
practice under this Act, or who has applied for licensure or a permit
pursuant to this Act, to submit to a mental or physical examination, or both,
as required by and at the expense of the Department. The examining physician
or physicians shall be those specifically designated by the Disciplinary Board.
The Medical Disciplinary Board or the Department may order the examining
physician to present testimony concerning this mental or physical examination
of the licensee or applicant. No information shall be excluded by reason of
any common
law or statutory privilege relating to communication between the licensee or
applicant and
the examining physician.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license until such time
as the individual submits to the examination if the Disciplinary Board finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause. If the Disciplinary Board finds a physician unable
to practice because of the reasons set forth in this Section, the Disciplinary
Board shall require such physician to submit to care, counseling, or treatment
by physicians approved or designated by the Disciplinary Board, as a condition
for continued, reinstated, or renewed licensure to practice. Any physician,
whose license was granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised, subject to such
terms, conditions or restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the Secretary for a
determination as to whether the licensee shall have their license suspended
immediately, pending a hearing by the Disciplinary Board. In instances in
which the Secretary immediately suspends a license under this Section, a hearing
upon such person's license must be convened by the Disciplinary Board within 15
days after such suspension and completed without appreciable delay. The
Disciplinary Board shall have the authority to review the subject physician's
record of treatment and counseling regarding the impairment, to the extent
permitted by applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this Section, shall be
afforded an opportunity to demonstrate to the Disciplinary Board that they can
resume practice in compliance with acceptable and prevailing standards under
the provisions of their license.
The Department may promulgate rules for the imposition of fines in
disciplinary cases, not to exceed
$10,000 for each violation of this Act. Fines
may be imposed in conjunction with other forms of disciplinary action, but
shall not be the exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds collected from
such fines shall be deposited in the Medical Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine or to treat
human ailments without the use of drugs and without operative surgery, who
has been convicted a second time of committing any felony under the
Illinois Controlled Substances Act, or who has been convicted a second time of
committing a Class 1 felony under Sections 8A‑3 and 8A‑6 of the Illinois Public
Aid Code. A person whose license or visiting permit is revoked
under
this subsection B of Section 22 of this Act shall be prohibited from practicing
medicine or treating human ailments without the use of drugs and without
operative surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil
penalties and any other appropriate discipline in disciplinary cases when the
Board finds that a physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been performed is a minor
or an incompetent person without notice as required under the Parental Notice
of Abortion Act of 1995. Upon the Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and for a second or
subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94‑677, eff. 8‑25‑05.)
|
|
||
(2) Professional associations. The President or | ||
|
||
(3) Professional liability insurers. Every | ||
|
||
(4) State's Attorneys. The State's Attorney of each | ||
|
||
(5) State agencies. All agencies, boards, | ||
|
||
(B) Mandatory reporting. All reports required by items (34), (35), and
(36) of subsection (A) of Section 22 and by Section 23 shall be submitted to the Disciplinary Board in a timely
fashion. The reports shall be filed in writing within 60
days after a determination that a report is required under
this Act. All reports shall contain the following
information:
(1) The name, address and telephone number of the | ||
|
||
(2) The name, address and telephone number of the | ||
|
||
(3) The name and date of birth of any patient or | ||
|
||
(4) A brief description of the facts which gave rise | ||
|
||
(5) If court action is involved, the identity of the | ||
|
||
(6) Any further pertinent information which the | ||
|
||
The Disciplinary Board or Department may also exercise the power under Section
38 of this Act to subpoena copies of hospital or medical records in mandatory
report cases alleging death or permanent bodily injury. Appropriate
rules shall be adopted by the Department with the approval of the Disciplinary
Board.
When the Department has received written reports concerning incidents
required to be reported in items (34), (35), and (36) of subsection (A) of
Section 22, the licensee's failure to report the incident to the Department
under those items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to in any
way, waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the
medical investigative staff, and authorized clerical staff,
as provided in this Act, and shall be afforded the same
status as is provided information concerning medical studies
in Part 21 of Article VIII of the Code of Civil Procedure, except that the Department may disclose information and documents to a federal, State, or local law enforcement agency pursuant to a subpoena in an ongoing criminal investigation. Furthermore, information and documents disclosed to a federal, State, or local law enforcement agency may be used by that agency only for the investigation and prosecution of a criminal offense.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board or a peer review committee, or
assisting in the investigation or preparation of such
information, or by voluntarily reporting to the Disciplinary Board
or a peer review committee information regarding alleged errors or negligence by a person licensed under this Act, or by participating in proceedings of the
Disciplinary Board or a peer review committee, or by serving as a member of the
Disciplinary Board or a peer review committee, shall not, as a result of such actions,
be subject to criminal prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary
Board, the Medical Coordinators, the Disciplinary Board's
attorneys, the medical investigative staff, physicians
retained under contract to assist and advise the medical
coordinators in the investigation, and authorized clerical
staff shall be indemnified by the State for any actions
occurring within the scope of services on the Disciplinary
Board, done in good faith and not wilful and wanton in
nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the
actions complained of were not in good faith or were wilful
and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not
in good faith or were wilful and wanton.
The member must notify the Attorney General within 7
days of receipt of notice of the initiation of any action
involving services of the Disciplinary Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days
after receiving such notice, whether he or she will
undertake to represent the member.
(E) Deliberations of Disciplinary Board. Upon the
receipt of any report called for by this Act, other than
those reports of impaired persons licensed under this Act
required pursuant to the rules of the Disciplinary Board,
the Disciplinary Board shall notify in writing, by certified
mail, the person who is the subject of the report. Such
notification shall be made within 30 days of receipt by the
Disciplinary Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and
the telephone number at which the custodian may be reached.
The person who is the subject of the report shall submit a written statement responding,
clarifying, adding to, or proposing the amending of the
report previously filed. The person who is the subject of the report shall also submit with the written statement any medical records related to the report. The statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than
30 days after the date on
which the person was notified by the Disciplinary Board of the existence of
the
original report.
The Disciplinary Board shall review all reports
received by it, together with any supporting information and
responding statements submitted by persons who are the
subject of reports. The review by the Disciplinary Board
shall be in a timely manner but in no event, shall the
Disciplinary Board's initial review of the material
contained in each disciplinary file be less than 61 days nor
more than 180 days after the receipt of the initial report
by the Disciplinary Board.
When the Disciplinary Board makes its initial review of
the materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination
as to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a
determination that there are not sufficient facts to warrant
further investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or
action, the report shall be accepted for filing and the
matter shall be deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Disciplinary Board's decision or
request further investigation. The Secretary shall inform the Board in writing
of the decision to request further investigation, including the specific
reasons for the decision. The
individual or entity filing the original report or complaint
and the person who is the subject of the report or complaint
shall be notified in writing by the Secretary of
any final action on their report or complaint.
(F) Summary reports. The Disciplinary Board shall
prepare, on a timely basis, but in no event less than one
every other month, a summary report of final actions taken
upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be sent by the Disciplinary Board
to every health care facility licensed by the Illinois
Department of Public Health, every professional association
and society of persons licensed under this Act functioning
on a statewide basis in this State, the American Medical
Association, the American Osteopathic Association, the
American Chiropractic Association, all insurers providing
professional liability insurance to persons licensed under
this Act in the State of Illinois, the Federation of State
Medical Licensing Boards, and the Illinois Pharmacists
Association.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People
of the State of Illinois, through the Attorney General of
the State of Illinois, for an order enjoining such violation
or for an order enforcing compliance with this Section.
Upon filing of a verified petition in such court, the court
may issue a temporary restraining order without notice or
bond and may preliminarily or permanently enjoin such
violation, and if it is established that such person has
violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings
under this paragraph shall be in addition to, and not in
lieu of, all other remedies and penalties provided for by
this Section.
(Source: P.A. 94‑677, eff. 8‑25‑05.)
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(3) a description of any final Department | ||
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(4) a description of any final disciplinary actions | ||
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(5) a description of revocation or involuntary | ||
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(6) all medical malpractice court judgments and all | ||
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(7) names of medical schools attended, dates of | ||
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(8) graduate medical education;
(9) specialty board certification. The toll‑free | ||
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(10) number of years in practice and locations;
(11) names of the hospitals where the physician has | ||
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(12) appointments to medical school faculties and | ||
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(13) information regarding publications in | ||
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(14) information regarding professional or community | ||
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(15) the location of the physician's primary practice | ||
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(16) identification of any translating services that | ||
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(17) an indication of whether the physician | ||
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(c) The Disciplinary Board shall provide individual | ||
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(d) A physician may elect to have his or her profile omit certain information provided pursuant to subdivisions (12) through (14) of subsection (b) concerning academic appointments and teaching responsibilities, publication in peer‑reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating the same, the Disciplinary Board shall inform physicians that they may choose not to provide such information required pursuant to subdivisions (12) through (14) of subsection (b).
(e) The Department shall promulgate such rules as it deems necessary to accomplish the requirements of this Section.
(Source: P.A. 94‑677, eff. 8‑25‑05.) |
(225 ILCS 60/25) (from Ch. 111, par. 4400‑25)
(Section scheduled to be repealed on January 1, 2007)
Sec. 25.
The Director of the Department may, upon receipt of a written
communication from the Secretary of Human Services, the Director of
Public Aid, or the Director of Public Health
that continuation of practice of a person licensed under
this Act constitutes an immediate danger to the public, and
after consultation with the Chief Medical Coordinator or
Deputy Medical Coordinator, immediately suspend the license
of such person without a hearing. In instances in which the
Director immediately suspends a license under this Section,
a hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. Such hearing is to be
held to determine whether to recommend to the Director that
the person's license be revoked, suspended, placed on
probationary status or reinstated, or whether such person
should be subject to other disciplinary action. In the
hearing, the written communication and any other evidence
submitted therewith may be introduced as evidence against
such person; provided however, the person, or their
counsel, shall have the opportunity to discredit, impeach
and submit evidence rebutting such evidence.
(Source: P.A. 89‑507, eff. 7‑1‑97.)
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(225 ILCS 60/26) (from Ch. 111, par. 4400‑26)
(Section scheduled to be repealed on January 1, 2007)
Sec. 26.
Advertising.
(1) Any person licensed under this Act may
advertise the availability of professional services in the
public media or on the premises where such professional
services are rendered. Such advertising shall be limited to
the following information:
(a) Publication of the person's name, title, office | ||
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(b) Information pertaining to the person's areas of | ||
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(c) Information on usual and customary fees for | ||
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(d) Announcement of the opening of, change of, | ||
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(e) Announcement of additions to or deletions from | ||
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(f) The issuance of business or appointment cards.
(2) It is unlawful for any person licensed under this Act
to use testimonials or claims of superior quality of care to
entice the public. It shall be unlawful to advertise fee
comparisons of available services with those of other
persons licensed under this Act.
(3) This Act does not authorize the advertising of
professional services which the offeror of such services is
not licensed to render. Nor shall the advertiser use
statements which contain false, fraudulent, deceptive or
misleading material or guarantees of success, statements
which play upon the vanity or fears of the public, or
statements which promote or produce unfair competition.
(4) A licensee shall include in every advertisement for services regulated
under
this Act his or her title as it appears on the license or the initials
authorized under this Act.
(Source: P.A. 91‑310, eff. 1‑1‑00.)
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(225 ILCS 60/27) (from Ch. 111, par. 4400‑27)
(Section scheduled to be repealed on January 1, 2007)
Sec. 27.
It is unlawful and punishable under Section 59 for any person
licensed under this Act to knowingly advertise that the licensee will accept as
payment for services rendered by assignment from any third party payor the
amount the third party payor covers as payment in full, if the effect is to
give the impression of eliminating the need of payment by the patient of any
required deductible or copayment applicable in the patient's health benefit
plan.
As used in this Section, "advertise" means solicitation by the licensee or
through another by means of handbills, posters, circulars, motion pictures,
radio, newspapers, television or in any other manner.
(Source: P.A. 85‑4.)
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(225 ILCS 60/28) (from Ch. 111, par. 4400‑28)
(Section scheduled to be repealed on January 1, 2007)
Sec. 28.
Nothing in this Act shall prohibit the use
of the titles "Doctor of Medicine" or "M.D." by a person
licensed in this State to practice medicine in all of its
branches who has received a degree in medicine from a
medical school or college, other than an osteopathic medical
college, which satisfies the requirements of paragraph (a)
of Section 11 of this Act, notwithstanding that such degree
in medicine does not translate literally into "Doctor of
Medicine" or "M.D.".
(Source: P.A. 85‑4.)
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(225 ILCS 60/29) (from Ch. 111, par. 4400‑29)
(Section scheduled to be repealed on January 1, 2007)
Sec. 29.
Any contract or agreement signed by any
person prior to, or as a condition of, such person receiving
medical treatment in any form, which releases from liability
any physician, hospital or other health care provider for
any malfeasance, misfeasance or nonfeasance in the course of
administering any medical treatment or service is void and
against the public policy of the State of Illinois.
(Source: P.A. 85‑4.)
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(225 ILCS 60/30) (from Ch. 111, par. 4400‑30)
(Section scheduled to be repealed on January 1, 2007)
Sec. 30.
Emergency care; civil liability.
Exemption from civil
liability for emergency care is as provided in the Good
Samaritan Act.
(Source: P.A. 89‑607, eff. 1‑1‑97.)
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(225 ILCS 60/31) (from Ch. 111, par. 4400‑31)
(Section scheduled to be repealed on January 1, 2007)
Sec. 31.
Liability exclusion; free medical clinic.
Exemption from civil liability for medical services in a free clinic is as
provided in the Good Samaritan Act.
(Source: P.A. 88‑342; 89‑299, eff. 1‑1‑96; 89‑607, eff. 1‑1‑97.)
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(225 ILCS 60/32) (from Ch. 111, par. 4400‑32)
(Section scheduled to be repealed on January 1, 2007)
Sec. 32.
This Act does not prohibit the practice of
medicine by a person who is licensed to practice medicine in
all of its branches in any other state of the United States
or the District of Columbia who has applied in writing to
the Department, in form and substance satisfactory to the
Department, for a license to practice medicine in all of its
branches and has complied with all of the provisions of
Section 19 except the passing of an examination which may be
given under Section 19, until:
(a) the expiration of 9 months after the filing of
such written application, or
(b) the decision of the Department that the applicant
has failed to pass an examination within 9 months or failed
without an approved excuse to take an examination conducted
within 9 months by the Department, or
(c) the withdrawal of the application.
(Source: P.A. 85‑4.)
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(225 ILCS 60/33) (from Ch. 111, par. 4400‑33)
(Section scheduled to be repealed on January 1, 2007)
Sec. 33.
Any person licensed under this Act to practice medicine in all
of its branches shall be authorized to purchase legend drugs requiring an
order of a person authorized to prescribe drugs, and to dispense such legend
drugs in the regular course of practicing medicine. The dispensing of such
legend drugs shall be the personal act of the person licensed under this
Act and may not be delegated to any other person not licensed under this
Act or the Pharmacy Practice Act of 1987 unless such delegated
dispensing functions are under the direct supervision of the physician
authorized to dispense legend drugs. Except when dispensing manufacturers'
samples or other legend drugs in a maximum 72 hour supply, persons licensed
under this Act shall maintain a book or file of prescriptions as required
in the Pharmacy Practice Act of 1987. Any person licensed under this
Act who dispenses any drug or medicine shall dispense such drug or
medicine in good faith and shall affix to the box, bottle,
vessel or package containing the same a label indicating (a)
the date on which such drug or medicine is dispensed; (b)
the name of the patient; (c) the last name of the person
dispensing such drug or medicine; (d) the directions for use
thereof; and (e) the proprietary name or names or, if there
are none, the established name or names of the drug or
medicine, the dosage and quantity, except as otherwise
authorized by regulation of the Department of Professional Regulation.
The foregoing labeling requirements shall
not apply to drugs or medicines in a package which bears a label of the
manufacturer containing information describing its contents
which is in compliance with requirements of the Federal
Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act.
"Drug" and "medicine" have the meaning ascribed to them in the Pharmacy Practice
Act of 1987, as now or hereafter amended; "good faith" has the meaning
ascribed to it in subsection (v) of Section 102 of the "Illinois Controlled
Substances Act", approved August 16, 1971, as amended.
Prior to dispensing a prescription to a patient, the physician shall
offer a written prescription to the patient which the patient may elect to
have filled by the physician or any licensed pharmacy.
A violation of any provision of this Section shall constitute a violation
of this Act and shall be grounds for disciplinary action provided for in
this Act.
(Source: P.A. 85‑1209.)
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(225 ILCS 60/34) (from Ch. 111, par. 4400‑34)
(Section scheduled to be repealed on January 1, 2007)
Sec. 34.
The provisions of this Act shall not be so
construed nor shall they be so administered as to
discriminate against any type or category of physician or
against any medical, osteopathic or chiropractic college.
(Source: P.A. 85‑4.)
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(225 ILCS 60/35) (from Ch. 111, par. 4400‑35)
(Section scheduled to be repealed on January 1, 2007)
Sec. 35.
The Director shall have the authority to
appoint an attorney duly licensed to practice law in the
State of Illinois to serve as the hearing officer in any
action to suspend, revoke, place on probationary status, or
take any other disciplinary action with regard to a license.
The hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his findings and
recommendations to the Disciplinary Board within 30 days of
the receipt of the record. The Disciplinary Board shall
have 60 days from receipt of the report to review the report
of the hearing officer and present their findings of fact,
conclusions of law and recommendations to the Director.
(Source: P.A. 85‑4.)
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(225 ILCS 60/37) (from Ch. 111, par. 4400‑37)
(Section scheduled to be repealed on January 1, 2007)
Sec. 37.
At the time and place fixed in the
notice, the Disciplinary Board provided for in this Act
shall proceed to hear the charges and both the accused
person and the complainant shall be accorded ample
opportunity to present in person, or by counsel, such
statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto. The
Disciplinary Board may continue such hearing from time to
time. If the Disciplinary Board is not sitting at the time
and place fixed in the notice or at the time and place to
which the hearing has been continued, the Department shall
continue such hearing for a period not to exceed 30 days.
In case the accused person, after receiving notice,
fails to file an answer, their license may, in the
discretion of the Director, having received first the
recommendation of the Disciplinary Board, be suspended,
revoked or placed on probationary status, or the Director
may take whatever disciplinary action as he or she may deem
proper, including limiting the scope, nature, or extent of
said person's practice, without a hearing, if the act or
acts charged constitute sufficient grounds for such action
under this Act.
The Disciplinary Board has the authority to recommend
to the Director that probation be granted or that other
disciplinary action, including the limitation of the scope,
nature or extent of a person's practice, be taken as it
deems proper. If disciplinary action, other than suspension
or revocation, is taken the Disciplinary Board may recommend
that the Director impose reasonable limitations and
requirements upon the accused registrant to insure
compliance with the terms of the probation or other
disciplinary action including, but not limited to, regular
reporting by the accused to the Department of their actions,
placing themselves under the care of a qualified physician
for treatment, or limiting their practice in such manner as
the Director may require.
The Director, after consultation with the Chief Medical
Coordinator or Deputy Medical Coordinator, may temporarily
suspend the license of a physician without a hearing,
simultaneously with the institution of proceedings for a
hearing provided under this Section if the Director finds
that evidence in his or her possession indicates that a
physician's continuation in practice would constitute an
immediate danger to the public. In the event that the
Director suspends, temporarily, the license of a physician
without a hearing, a hearing by the Disciplinary Board shall
be held within 15 days after such suspension has occurred
and shall be concluded without appreciable delay.
(Source: P.A. 85‑4.)
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(225 ILCS 60/38) (from Ch. 111, par. 4400‑38)
(Section scheduled to be repealed on January 1, 2007)
Sec. 38.
The Disciplinary Board or Department has
power to subpoena and bring before it any person in this
State and to take testimony either orally or by deposition,
or both, with the same fees and mileage and in the same
manner as is prescribed by law for judicial procedure in
civil cases.
The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring, may subpoena the medical and hospital records
of individual patients of physicians licensed under this
Act, provided, that prior to the submission of such records
to the Disciplinary Board, all information indicating the
identity of the patient shall be removed and deleted.
Notwithstanding the foregoing, the Disciplinary Board and Department shall
possess the power to subpoena copies of hospital or medical records in
mandatory report cases under Section 23 alleging death or permanent bodily
injury when consent to obtain records is not provided by a patient or legal
representative. Prior to submission of the records to the Disciplinary Board,
all
information indicating the identity of the patient shall be removed and
deleted. All
medical records and other information received pursuant to subpoena shall
be
confidential and shall be afforded the same status as is proved information
concerning medical studies in Part 21 of Article VIII of the Code of Civil
Procedure.
The
use of such records shall be restricted to members of the
Disciplinary Board, the medical coordinators, and
appropriate staff of the Department of Professional Regulation designated
by the Disciplinary Board for the
purpose of determining the existence of one or more grounds
for discipline of the physician as provided for by Section
22 of this Act. Any such review of individual patients'
records shall be conducted by the Disciplinary Board in
strict confidentiality, provided that such patient records
shall be admissible in a disciplinary hearing, before the
Disciplinary Board, when necessary to substantiate the
grounds for discipline alleged against the physician
licensed under this Act, and provided further, that nothing
herein shall be deemed to supersede the provisions of Part
21 of Article VIII of the "Code of Civil Procedure", as now
or hereafter amended, to the extent applicable.
The Director, and any member of the Disciplinary Board
each have power to administer oaths at any hearing which the
Disciplinary Board or Department is authorized by law to
conduct.
The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or
is occurring on the business premises of a physician
licensed under this Act, may issue an order authorizing an
appropriately qualified investigator employed by the
Department to enter upon the business premises with due
consideration for patient care of the subject of the
investigation so as to inspect the physical premises and
equipment and furnishings therein. No such order shall
include the right of inspection of business, medical, or
personnel records located on the premises. For purposes of
this Section, "business premises" is defined as the office
or offices where the physician conducts the practice of
medicine. Any such order shall expire and become void five
business days after its issuance by the Disciplinary Board.
The execution of any such order shall be valid only during
the normal business hours of the facility or office to be
inspected.
(Source: P.A. 90‑699, eff. 1‑1‑99.)
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(225 ILCS 60/39) (from Ch. 111, par. 4400‑39)
(Section scheduled to be repealed on January 1, 2007)
Sec. 39.
Stenographer; transcript.
The Department, at its expense, shall
provide a stenographer to take down the testimony and
preserve a record of all proceedings at the hearing of any
case wherein a license may be revoked, suspended, placed on
probationary status, or other disciplinary action taken with
regard thereto. The notice of hearing, complaint and all
other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the Licensing Board and the orders
of the Department constitute the record of the proceedings.
The Department shall furnish a transcript of the record to
any person interested in such hearing upon payment of the fee required
under Section 2105‑115 of the Department of Professional Regulation
Law (20 ILCS 2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(225 ILCS 60/40) (from Ch. 111, par. 4400‑40)
(Section scheduled to be repealed on January 1, 2007)
Sec. 40.
The Disciplinary Board shall present to
the Director a written report of its findings and
recommendations. A copy of such report shall be served upon
the accused person, either personally or by registered or
certified mail. Within 20 days after such service, the
accused person may present to the Department their motion,
in writing, for a rehearing, which written motion shall
specify the particular ground therefor. If the accused
person orders and pays for a transcript of the record as
provided in Section 39, the time elapsing thereafter and
before such transcript is ready for delivery to them shall
not be counted as part of such 20 days.
At the expiration of the time allowed for filing a
motion for rehearing, the Director may take the action
recommended by the Disciplinary Board. Upon the suspension,
revocation, placement on probationary status, or the taking
of any other disciplinary action, including the limiting of
the scope, nature, or extent of one's practice, deemed
proper by the Department, with regard to the license,
certificate or visiting professor permit, the accused shall
surrender their license to the Department, if ordered to do
so by the Department, and upon their failure or refusal so
to do, the Department may seize the same.
Each certificate of order of revocation, suspension, or
other disciplinary action shall contain a brief, concise
statement of the ground or grounds upon which the
Department's action is based, as well as the specific terms
and conditions of such action. This document shall be
retained as a permanent record by the Disciplinary Board and
the Director.
The Department shall at least annually publish a list
of the names of all persons disciplined under this Act in
the preceding 12 months. Such lists shall be mailed by the
Department to any person in the State upon request.
In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered
by virtue of a physician's physical illness, including, but
not limited to, deterioration through the aging process, or
loss of motor skill which results in a physician's inability
to practice medicine with reasonable judgment, skill, or
safety, the Department shall only permit this document, and
the record of the hearing incident thereto, to be observed,
inspected, viewed, or copied pursuant to court order.
(Source: P.A. 85‑4.)
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(225 ILCS 60/41) (from Ch. 111, par. 4400‑41)
(Section scheduled to be repealed on January 1, 2007)
Sec. 41.
Administrative review; certification of record.
All final
administrative decisions of the Department are subject to judicial review
pursuant to the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3‑101 of the Code of Civil
Procedure.
Proceedings for judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides; but if the party is
not a resident of this State, the venue shall be in Sangamon County.
The Department shall not be required to certify any record to the court or
file any answer in court or otherwise appear in any court in a judicial review
proceeding, unless there is filed in the court, with the complaint, a receipt
from the Department acknowledging payment of the costs of furnishing and
certifying the record, which costs shall be computed at the rate of 20 cents
per page of the record. Exhibits shall be certified without cost. Failure
on the part of the plaintiff to file a receipt in court shall be grounds for
dismissal of the action. During the pendency and hearing of any and all
judicial proceedings incident to the disciplinary action the sanctions imposed
upon the accused by the Department because of acts or omissions related to
the delivery of direct patient care as specified in the Department's final
administrative decision, shall as a matter of public policy remain in full
force and effect in order to protect the public pending final resolution of
any of the proceedings.
(Source: P.A. 87‑1031; 88‑184.)
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(225 ILCS 60/42) (from Ch. 111, par. 4400‑42)
(Section scheduled to be repealed on January 1, 2007)
Sec. 42.
An order of revocation, suspension,
placing the license on probationary status, or other formal
disciplinary action as the Department may deem proper, or a
certified copy thereof, over the seal of the Department and
purporting to be signed by the Director, is prima facie
proof that:
(a) Such signature is the genuine signature of the
Director;
(b) The Director is duly appointed and qualified; and
(c) The Disciplinary Board and the members thereof are
qualified.
Such proof may be rebutted.
(Source: P.A. 85‑4.)
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(225 ILCS 60/43) (from Ch. 111, par. 4400‑43)
(Section scheduled to be repealed on January 1, 2007)
Sec. 43.
At any time after the suspension,
revocation, placing on probationary status, or taking
disciplinary action with regard to any license, the
Department may restore it to the accused person, or take any
other action to reinstate the license to good standing,
without examination, upon the written recommendation of the
Disciplinary Board.
(Source: P.A. 85‑4.)
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(225 ILCS 60/44) (from Ch. 111, par. 4400‑44)
(Section scheduled to be repealed on January 1, 2007)
Sec. 44.
None of the disciplinary functions, powers
and duties enumerated in this Act shall be exercised by the
Department except upon the action and report in writing of
the Disciplinary Board.
In all instances, under this Act, in which the
Disciplinary Board has rendered a recommendation to the
Director with respect to a particular physician, the
Director shall, in the event that he or she disagrees with
or takes action contrary to the recommendation of the
Disciplinary Board, file with the Disciplinary Board and the
Secretary of State his or her specific written reasons of
disagreement with the Disciplinary Board. Such reasons
shall be filed within 30 days of the occurrence of the
Director's contrary position having been taken.
The action and report in writing of a majority of the
Disciplinary Board designated is sufficient authority upon
which the Director may act.
Whenever the Director is satisfied that substantial
justice has not been done either in an examination, or in a
formal disciplinary action, or refusal to restore a license,
he or she may order a reexamination or rehearing by the
same or other examiners.
(Source: P.A. 85‑4.)
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(225 ILCS 60/45) (from Ch. 111, par. 4400‑45)
(Section scheduled to be repealed on January 1, 2007)
Sec. 45.
In all hearings conducted under this Act,
information received, pursuant to law, relating to any
information acquired by a physician in attending any patient
in a professional character, necessary to enable them
professionally to serve such patient, shall be deemed
strictly confidential and shall only be made available
either as part of the record of such hearing or otherwise:
(a) when such record is required, in its entirety, for
purposes of judicial review pursuant to this Act; or (b)
upon the express, written consent of the patient, or in the
case of their death or disability, of their personal
representative.
(Source: P.A. 85‑4.)
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(225 ILCS 60/46) (from Ch. 111, par. 4400‑46)
(Section scheduled to be repealed on January 1, 2007)
Sec. 46.
In the event that the Department's order
of revocation, suspension, placing the licensee on
probationary status, or other order of formal disciplinary
action is without any reasonable basis in fact of any kind,
then the State of Illinois shall be liable to the injured
physician for those special damages they have suffered as a
direct result of such order.
(Source: P.A. 85‑4.)
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(225 ILCS 60/47) (from Ch. 111, par. 4400‑47)
(Section scheduled to be repealed on January 1, 2007)
Sec. 47.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10‑25 of the Illinois Administrative Procedure Act is
deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)
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(225 ILCS 60/48) (from Ch. 111, par. 4400‑48)
(Section scheduled to be repealed on January 1, 2007)
Sec. 48.
All licenses and certificates heretofore
legally issued by authority of law in this State permitting
the holder thereof to practice medicine in all of its
branches, or to treat human ailments without the use of
drugs and operative surgery, and which are valid and in full
force and effect on the taking effect of this Act, shall
have the same force and effect, and be subject to the same
authority of the Department to revoke or suspend them as
licenses issued under this Act.
(Source: P.A. 85‑4.)
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(225 ILCS 60/49) (from Ch. 111, par. 4400‑49)
(Section scheduled to be repealed on January 1, 2007)
Sec. 49.
If any person does any of the following and does not possess
a valid license issued under this Act, that person shall be sentenced as
provided in Section 59: (i) holds himself or herself out to the
public as being engaged in the diagnosis or treatment of physical or
mental ailments or conditions including, but not limited to,
deformities, diseases, disorders, or injuries of human beings; (ii)
suggests, recommends or prescribes any form of treatment for the
palliation, relief or cure of any physical or mental ailment or condition
of any person with the intention of receiving, either directly or
indirectly, any fee, gift, or compensation whatever;
(iii) diagnoses or attempts to diagnose, operates upon,
professes to heal, prescribes for, or otherwise treats any ailment or
condition, or supposed ailment or condition, of another; (iv) maintains an
office for examination or treatment of persons afflicted, or alleged or
supposed to be afflicted, by any ailment or condition; (v) manipulates or
adjusts osseous or articular structures; or (vi) attaches the
title Doctor, Physician, Surgeon, M.D., D.O. or D.C. or any other word or
abbreviation to his or her name indicating that he or she is engaged in
the treatment of human ailments or conditions as a business.
Whenever the Department has reason to believe that any person has violated
this Section the Department may issue a rule to show cause why an order to
cease and desist should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be
issued immediately.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/49.5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 49.5.
Telemedicine.
(a) The General Assembly finds and declares that because of
technological advances and changing practice patterns the practice of medicine
is occurring with increasing frequency across state lines and that certain
technological advances in the practice of medicine are in the public interest.
The General Assembly further finds and declares that the practice of medicine
is
a privilege and that the licensure by this State of practitioners outside this
State engaging in medical practice within this State and the ability to
discipline those practitioners is necessary for the protection of the public
health,
welfare, and safety.
(b) A person who engages in the practice of telemedicine without
a license issued under this Act shall be subject to penalties
provided in Section 59.
(c) For purposes of this Act, "telemedicine" means the performance of any
of the activities listed in Section 49, including but not limited to rendering
written or oral opinions concerning diagnosis or treatment of a patient in
Illinois by a person located outside the State of Illinois as a result of
transmission of individual patient data by telephonic, electronic, or other
means of communication from within this State. "Telemedicine" does not include
the following:
(1) periodic consultations between a person licensed | ||
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(2) a second opinion provided to a person licensed | ||
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(3) diagnosis or treatment services provided to a | ||
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(d) Whenever the Department has reason to believe that a person has violated
this Section, the Department may issue a rule to show cause why an order to
cease and desist should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be issued immediately.
(e) An out‑of‑state person providing a service listed in Section 49 to a
patient residing in
Illinois through the practice of telemedicine submits himself or herself to the
jurisdiction of the courts of this
State.
(Source: P.A. 90‑99, eff. 1‑1‑98.)
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(225 ILCS 60/50) (from Ch. 111, par. 4400‑50)
(Section scheduled to be repealed on January 1, 2007)
Sec. 50.
Any person who practices medicine in all
of its branches or treats human ailments without the use of
drugs or operative surgery including, but not limited to, treatment or
diagnosis of any physical or mental ailments or conditions including, but
not limited to, deformities, diseases, disorders, or injuries without a
valid license under the laws of this State shall be sentenced as provided
in Section 59.
(Source: P.A. 87‑660.)
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(225 ILCS 60/51) (from Ch. 111, par. 4400‑51)
(Section scheduled to be repealed on January 1, 2007)
Sec. 51.
Any person who treats human ailments by
the use of drugs or operative surgery and has only a license
to treat human ailments without the use of drugs and without
operative surgery, shall be sentenced as provided in Section
59.
(Source: P.A. 85‑4.)
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(225 ILCS 60/52) (from Ch. 111, par. 4400‑52)
(Section scheduled to be repealed on January 1, 2007)
Sec. 52.
Any person, not licensed in this State to
practice medicine in all of its branches, who holds
themselves out by any sign or advertisement, or by a writing
of any kind, to treat human ailments without therein
attaching to their name a word or words indicating the
system, method or kind of practice which they are licensed
to pursue in this State, shall be sentenced as provided in
Section 59.
(Source: P.A. 85‑4.)
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(225 ILCS 60/53) (from Ch. 111, par. 4400‑53)
(Section scheduled to be repealed on January 1, 2007)
Sec. 53.
Any person who obtains a fee, either
directly or indirectly, either in money or in value, or in
the form of a financial profit either as personal
compensation or as compensation, charge, profit or gain for
an employer, or any other person or persons, on the
representation that they can permanently cure a manifestly
incurable condition of sickness, disease or injury of any
person, shall be sentenced as provided in Section 59.
(Source: P.A. 85‑4.)
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(225 ILCS 60/54) (from Ch. 111, par. 4400‑54)
(Section scheduled to be repealed on January 1, 2007)
Sec. 54.
A person who holds himself or herself out to treat human ailments
under a name other than his or her own, or
by personation of any physician, shall be punished as
provided in Section 59.
However, nothing in this Act shall be construed as
prohibiting partnerships, limited liability companies, associations, or
corporations in accordance with item (14) of subsection (A) of
Section 22 of this Act.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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(225 ILCS 60/54.5)
(Section scheduled to be repealed on January 1, 2007)
Sec. 54.5.
Physician delegation of authority.
(a) Physicians licensed to practice medicine in all its
branches may delegate care and treatment responsibilities to a
physician assistant under guidelines in accordance with the
requirements of the Physician Assistant Practice Act of
1987. A physician licensed to practice medicine in all its
branches may enter into supervising physician agreements with
no more than 2 physician assistants.
(b) A physician licensed to practice medicine in all its
branches in active clinical practice may collaborate with an advanced practice
nurse in accordance with the requirements of Title 15 of
the Nursing and Advanced Practice Nursing Act. Collaboration
is for the purpose of providing medical direction,
and no employment relationship is required. A
written collaborative agreement shall
conform to the requirements of Sections 15‑15 and 15‑20
of the Nursing and
Advanced Practice Nursing Act. The written collaborative agreement shall
be for
services the collaborating physician generally provides to
his or her patients in the normal course of clinical medical practice.
Physician medical direction shall be adequate with respect to collaboration
with certified nurse practitioners, certified nurse midwives, and clinical
nurse
specialists if a collaborating physician:
(1) participates in the joint formulation and joint | ||
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(2) is on site at least once a month to provide | ||
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(3) is available through telecommunications for | ||
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(b‑5) An anesthesiologist or physician licensed to practice medicine in
all its branches may collaborate with a certified registered nurse anesthetist
in accordance with Section 15‑25 of the Nursing and Advanced Practice Nursing
Act. Medical direction for a certified registered nurse anesthetist shall be
adequate if:
(1) an anesthesiologist or a physician participates | ||
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(2) for anesthesia services, the anesthesiologist or | ||
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(b‑10) The anesthesiologist or operating physician must agree with the
anesthesia plan prior to the delivery of services.
(c) The supervising physician shall have access to the
medical records of all patients attended by a physician
assistant. The collaborating physician shall have access to
the medical records of all patients attended to by an
advanced practice nurse.
(d) Nothing in this Act
shall be construed to limit the delegation of
tasks or duties by a physician licensed to practice medicine
in all its branches to a licensed practical nurse, a registered professional
nurse, or other personnel.
(e) A physician shall not be liable for the acts or
omissions of a physician assistant or advanced practice
nurse solely on the basis of having signed a
supervision agreement or guidelines or a collaborative
agreement, an order, a standing medical order, a
standing delegation order, or other order or guideline
authorizing a physician assistant or advanced practice
nurse to perform acts, unless the physician has
reason to believe the physician assistant or advanced
practice nurse lacked the competency to perform
the act or acts or commits willful and wanton misconduct.
(Source: P.A. 90‑742, eff. 8‑13‑98; 91‑414, eff. 8‑6‑99.)
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(225 ILCS 60/55) (from Ch. 111, par. 4400‑55)
(Section scheduled to be repealed on January 1, 2007)
Sec. 55.
Any person who holds themselves
out to treat human ailments by any system or method of
treatment other than that for which they hold a valid
license shall be sentenced as provided in Section 59.
(Source: P.A. 85‑4.)
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(225 ILCS 60/56) (from Ch. 111, par. 4400‑56)
(Section scheduled to be repealed on January 1, 2007)
Sec. 56.
Any person who employs fraud or deception
in applying for or securing a license under this Act, or in
passing any examination therefor, shall be sentenced as
provided by Section 59. Any person who employs fraud or
misrepresentation in applying for, or procuring, a license
under this Act or in connection with applying for renewal of
a license under this Act, or cheating on or attempting to
subvert the licensing examinations administered under this
Act, shall be sentenced as provided by Section 59.
(Source: P.A. 85‑4.)
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(225 ILCS 60/57) (from Ch. 111, par. 4400‑57)
(Section scheduled to be repealed on January 1, 2007)
Sec. 57.
Any person who shall in connection with
any application or examination before the Department file,
or attempt to file, with the Department as their own, the
diploma or license of another, shall be sentenced therefor as
the law shall prescribe at the time for forgery.
(Source: P.A. 85‑4.)
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(225 ILCS 60/58) (from Ch. 111, par. 4400‑58)
(Section scheduled to be repealed on January 1, 2007)
Sec. 58.
Any person who shall wilfully swear or
affirm falsely, or make or file any affidavit wilfully and
corruptly, in filing or prosecuting their application for a
license before the Department, or in submitting any
complaint, evidence or testimony to the Department under the
provisions of this Act, or under any rule or regulation of
the Department, shall be sentenced therefor as the law shall
prescribe at the time for perjury.
(Source: P.A. 85‑4.)
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(225 ILCS 60/59) (from Ch. 111, par. 4400‑59)
(Section scheduled to be repealed on January 1, 2007)
Sec. 59.
Any person who violates for the first time
Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act is
guilty of a Class 4 felony. Any person who violates for the
first time Section 27 of this Act is guilty of a Class A
misdemeanor.
Any person who has been previously convicted under
Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act and
who subsequently violates any of the Sections is guilty of a
Class 3 felony. Any person who has been previously
convicted under Section 27 of this Act and who subsequently
violates Section 27 is guilty of a Class 4 felony. In
addition, whenever any person is punished as a repeat
offender under this Section, the Director of the Department
shall proceed to obtain a permanent injunction against such
person under Section 61 of this Act.
(Source: P.A. 85‑4.)
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(225 ILCS 60/60) (from Ch. 111, par. 4400‑60)
(Section scheduled to be repealed on January 1, 2007)
Sec. 60.
All such fines shall be deposited in the
Professional Regulation Evidence Fund.
(Source: P.A. 85‑4.)
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(225 ILCS 60/61) (from Ch. 111, par. 4400‑61)
(Section scheduled to be repealed on January 1, 2007)
Sec. 61.
The practice of medicine in all of its
branches or the treatment of human ailments without the use
of drugs and without operative surgery by any person not at
that time holding a valid and current license under this Act
to do so is hereby declared to be inimical to the public
welfare and to constitute a public nuisance. The Director
of the Department, the Attorney General of the State of
Illinois, the State's Attorney of any County in the State,
or any resident citizen may maintain an action in the name
of the people of the State of Illinois, may apply for an
injunction in the circuit court to enjoin any such person
from engaging in such practice; and, upon the filing of a
verified petition in such court, the court or any judge
thereof, if satisfied by affidavit, or otherwise, that such
person has been engaged in such practice without a valid and
current license to do so, may issue a temporary restraining
order or preliminary injunction without notice or bond,
enjoining the defendant from any such further practice. A
copy of the verified complaint shall be served upon the
defendant and the proceedings shall thereafter be conducted
as in other civil cases. If it be established that the
defendant has been, or is engaged in any such unlawful
practice, the court, or any judge thereof, may enter an
order or judgment perpetually enjoining the defendant from
further engaging in such practice. In all proceedings
hereunder the court, in its discretion, may apportion the
costs among the parties interested in the suit, including
cost of filing complaint, service of process, witness fees
and expenses, court reporter charges and reasonable
attorneys fees. In case of violation of any injunction
entered under the provisions of this Section, the court, or
any judge thereof, may summarily try and punish the offender
for contempt of court. Such injunction proceedings shall be
in addition to, and not in lieu of, all penalties and other
remedies in this Act provided.
(Source: P.A. 85‑4.)
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(225 ILCS 60/62) (from Ch. 111, par. 4400‑62)
(Section scheduled to be repealed on January 1, 2007)
Sec. 62.
No proceedings to revoke or suspend any
license shall abate by reason of the passage of this Act.
The Department may revoke or suspend a license on account of
any act or circumstance occurring before this Act shall take
effect, if such act or circumstance is a ground for such
revocation or suspension under the provisions of the law in
effect at the time of such act or circumstance.
(Source: P.A. 85‑4.)
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(225 ILCS 60/63) (from Ch. 111, par. 4400‑63)
(Section scheduled to be repealed on January 1, 2007)
Sec. 63.
Reinstatement of existing licenses.
All certificates,
permits, and
licenses in effect
on the date this amendatory Act of 1996 becomes a law, and issued
pursuant to
the Medical Practice Act of 1987, as
amended, are reinstated for the balance of the term for
which last issued. All rules in effect on the date this Act
becomes law and promulgated pursuant to the Medical
Practice Act of 1987, as amended, shall
remain in full force and effect on the effective date of
this amendatory Act of 1996 without being promulgated again by the
Department,
except to the extent any such rule or regulation is
inconsistent with any provision of this Act.
(Source: P.A. 89‑702, eff. 7‑1‑97.)
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