There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 95/ Physician Assistant Practice Act of 1987.
(225 ILCS 95/1) (from Ch. 111, par. 4601)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
The practice as a physician assistant in the State of
Illinois is hereby declared to affect the public health, safety and welfare
and to be subject to regulation and control in the public interest. The
purpose and legislative intent of this Act is to encourage and promote the
more effective utilization of the skills of physicians by enabling them to
delegate certain health tasks to physician assistants where such delegation
is consistent with the health and welfare of the patient and is conducted
at the direction of and under the responsible supervision of the physician.
It is further declared to be a matter of public health and concern that
the practice as a physician assistant, as defined in this Act, merit and
receive the confidence of the public, that only qualified persons be
authorized to practice as a physician assistant in the State of Illinois.
This Act shall be liberally construed to best carry out these subjects
and purposes.
(Source: P.A. 85‑981.)
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(225 ILCS 95/2) (from Ch. 111, par. 4602)
(Section scheduled to be repealed on January 1, 2008)
Sec. 2.
This Article shall be known and may be cited as the "Physician
Assistant Practice Act of 1987".
(Source: P.A. 85‑981.)
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(225 ILCS 95/3) (from Ch. 111, par. 4603)
(Section scheduled to be repealed on January 1, 2008)
Sec. 3.
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 Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party. The Director may
promulgate rules for the administration and enforcement of this Act and may
prescribe forms to be issued in connection with this Act.
(Source: P.A. 88‑45.)
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(225 ILCS 95/4) (from Ch. 111, par. 4604)
(Section scheduled to be repealed on January 1, 2008)
Sec. 4.
In this Act:
1. "Department" means the Department of Professional Regulation.
2. "Director" means the Director of Professional Regulation.
3. "Physician assistant" means any person not a physician who has been
certified as a physician assistant by the National Commission on the
Certification of Physician Assistants or equivalent successor agency and
performs procedures under the supervision of a physician as defined in this
Act. A physician assistant may perform such procedures within the
specialty of the supervising physician, except that such physician shall
exercise such direction, supervision and control over such physician
assistants as will assure that patients shall receive quality medical
care. Physician assistants shall be capable of performing a variety of tasks
within the specialty of medical care under the supervision of a physician.
Supervision of the physician assistant shall not be construed to
necessarily require the personal presence of the supervising physician at
all times at the place where services are rendered, as long as there is
communication available for consultation by radio, telephone or
telecommunications within established guidelines as determined by the
physician/physician assistant team. The supervising physician may delegate
tasks and duties to the physician assistant. Delegated tasks or duties
shall be consistent with physician assistant education, training, and
experience. The delegated tasks or duties shall be specific to the
practice setting and shall be implemented and reviewed under guidelines
established by the physician or physician/physician assistant team. A
physician assistant, acting as an agent of the physician, shall be
permitted to transmit the supervising physician's orders as determined by
the institution's by‑laws, policies, procedures, or job description within
which the physician/physician assistant team practices. Physician
assistants shall practice only within the established guidelines.
4. "Board" means the Medical Licensing Board
constituted under the Medical Practice Act of 1987.
5. "Disciplinary Board" means the Medical Disciplinary Board constituted
under the Medical Practice Act of 1987.
6. "Physician" means, for purposes of this Act, a person licensed to
practice medicine in all its branches under the Medical Practice Act of 1987.
7. "Supervising Physician" means, for the purposes of this Act, the
primary supervising physician of a physician assistant, who, within his
specialty and expertise may delegate a variety of tasks and procedures to
the physician assistant. Such tasks and procedures shall be delegated
within established guidelines. The supervising physician maintains the
final responsibility for the care of the patient and the performance of the
physician assistant.
8. "Alternate supervising physician" means, for the purpose of this Act
any physician designated by the supervising physician to provide
supervision in the event that he is unable to provide that supervision for
a period not to exceed 30 days unless the Department is notified in
writing. The alternate supervising physicians shall maintain all the same
responsibilities as the supervising physician. Nothing in this Act shall
be construed as relieving any physician of the professional or legal
responsibility for the care and treatment of persons attended by him or by
physician assistants under his supervision. Nothing in this Act shall be
construed as to limit the reasonable number of alternate supervising
physicians, provided they are designated by the supervising physician.
(Source: P.A. 89‑361, eff. 8‑17‑95.)
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(225 ILCS 95/5) (from Ch. 111, par. 4605)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
This Act does not prohibit:
1. Any person licensed in this State under any other Act from engaging
in the practice for which he is licensed;
2. The practice as a physician assistant by a person who is employed
by the United States government or any bureau, division or agency thereof
while in the discharge of the employee's official duties;
3. The practice as a physician assistant which is included in their
program of study by students enrolled in schools or in refresher courses
approved by the Department.
(Source: P.A. 85‑1209.)
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(225 ILCS 95/6) (from Ch. 111, par. 4606)
(Section scheduled to be repealed on January 1, 2008)
Sec. 6.
Title; advertising billing.
(a) No physician assistant shall use
the title of doctor or associate with his or her name or any other term that
would indicate to other persons that he or she is qualified to engage in the
general practice of medicine.
(b) 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.
(c) A physician assistant shall not be allowed to bill patients or
in any way to charge for services. Nothing in this Act, however, shall be
so construed as to prevent the employer of a physician assistant from
charging for services rendered by the physician assistant.
Payment for services rendered by a physician assistant shall be made to his or
her employer if the payor would have made payment had the services been
provided by a physician licensed to practice medicine in all its branches.
(d) The supervising physician shall file with the Department notice of
employment, discharge, or supervisory control of a physician assistant at the
time of employment, discharge, or assumption of supervisory control of a
physician assistant.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑116, eff. 7‑14‑97; 90‑655, eff.
7‑30‑98; 91‑310, eff. 1‑1‑00.)
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(225 ILCS 95/7) (from Ch. 111, par. 4607)
(Section scheduled to be repealed on January 1, 2008)
Sec. 7.
Supervision requirements.
No more than 2 physician
assistants shall be supervised
by
the supervising physician, although a physician assistant shall be able to
hold more than one professional position. Each supervising physician shall
file a notice of supervision of such physician assistant according to the
rules of the Department. However, the alternate supervising physician may
supervise more than 2 physician assistants when
the supervising
physician
is unable to provide such supervision consistent with the definition of
alternate physician in Section 4.
Physician assistants shall be supervised only by physicians as defined in
this Act
who are engaged in clinical practice, or in clinical practice in
public health or other community health facilities.
Nothing in this Act shall be construed to limit the delegation of tasks or
duties by a physician to a nurse or other appropriately trained personnel.
Nothing in this Act
shall be construed to prohibit the employment of physician assistants by
a hospital, nursing home or other health care facility where such physician
assistants function under the supervision of a supervising physician.
Physician assistants may be employed by the Department of Corrections or
the Department of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) for service in
facilities maintained by such Departments and affiliated training
facilities in programs conducted under the authority of the Director of
Corrections or the Secretary of Human Services. Each physician assistant
employed by the Department of Corrections or the Department of Human Services
(as successor to the Department of Mental Health and
Developmental Disabilities) shall be under the supervision of a physician
engaged in clinical practice and direct patient care. Duties of each
physician assistant employed by such Departments are limited to those
within the scope of practice of the supervising physician who is fully
responsible for all physician assistant activities.
A physician assistant may be employed by a practice group or other entity
employing multiple physicians at one or more locations. In that case, one of
the
physicians practicing at a location shall be designated the supervising
physician. The other physicians with that practice group or other entity who
practice in the same general type of practice or specialty
as the supervising physician may supervise the physician assistant with respect
to their patients without being deemed alternate supervising physicians for the
purpose of this Act.
(Source: P.A. 93‑149, eff. 7‑10‑03.)
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(225 ILCS 95/7.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 7.5.
Prescriptions.
A supervising physician may delegate
limited prescriptive authority to a physician assistant.
This authority may, but is not required to, include prescription and
dispensing of legend
drugs and legend controlled substances categorized as Schedule III, IV, or V
controlled substances, as defined in Article II of the Illinois Controlled
Substances Act, as delegated in the written guidelines required by this
Act. To prescribe Schedule III, IV, or V controlled substances under this
Section, a physician assistant must obtain a mid‑level practitioner
controlled substances license. Medication orders issued by a
physician
assistant shall be reviewed
periodically by the supervising physician. The supervising physician shall file
with the Department notice of delegation of prescriptive authority to a
physician assistant and
termination of delegation, specifying the authority delegated or terminated.
Upon receipt of this notice delegating authority to prescribe Schedule III,
IV, or V controlled substances, the physician assistant shall be eligible to
register for a mid‑level practitioner controlled substances license under
Section 303.05 of the Illinois Controlled Substances Act.
Nothing in this Act shall be construed to limit the delegation of tasks or
duties by the supervising physician to a nurse or other appropriately trained
personnel.
The Department shall establish by rule the minimum requirements for
written guidelines to be followed under this Section.
(Source: P.A. 90‑116, eff. 7‑14‑97; 90‑818, eff. 3‑23‑99.)
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(225 ILCS 95/8) (from Ch. 111, par. 4608)
(Section scheduled to be repealed on January 1, 2008)
Sec. 8.
Notwithstanding any other provision of this Act, physician
assistants may be employed by jail or prison health facilities under the
jurisdiction of the "County Hospitals Governing Commission Act", approved
April 25, 1969, as amended. The employing jail or prison health facility
shall prepare written guidelines and procedures approved by the governing
body provided that such guidelines and procedures are not in conflict with
the rules of the Department adopted pursuant to the Physician Assistants
Practice Act. Each physician assistant employed by a jail or prison
health facility shall be under the supervision of a physician engaged in
clinical practice and direct patient care. The duties of each physician
assistant so employed are limited to those within the scope of practice of
the supervising physician who is fully responsible for all physician
assistant activities.
(Source: P.A. 85‑981.)
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(225 ILCS 95/9) (from Ch. 111, par. 4609)
(Section scheduled to be repealed on January 1, 2008)
Sec. 9.
Application for licensure.
Applications for original licenses
shall be made to the
Department in writing on forms prescribed by the Department and shall be
accompanied by the required fee, which shall not be refundable. An
application shall require information that in the judgment
of the
Department will enable the Department to pass on the qualifications of the
applicant for a license. An application shall include evidence of
passage of the examination of the National Commission on the Certification of
Physician Assistants, or its successor agency, and proof that the applicant
holds a valid certificate issued by that Commission.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years, the
application shall be denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/9.5)
(Section scheduled to be repealed on January 1, 2008)
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 95/10) (from Ch. 111, par. 4610)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.
Identification.
No person shall use the title or perform the
duties of
"Physician assistant" unless he or she is a qualified holder of a
license issued by the Department as
provided in this Act. A physician assistant shall wear on his or her
person a
visible identification indicating that he or she is certified as a
physician
assistant while acting in the course of his or her duties.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/10.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.5.
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's assistant 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 95/11) (from Ch. 111, par. 4611)
(Section scheduled to be repealed on January 1, 2008)
Sec. 11.
Committee.
There is established a physician assistant advisory
committee
to the Medical Licensing Board. The physician assistant advisory
committee shall review and make recommendations to the
Board regarding all matters relating to physician assistants. The
physician assistant advisory committee shall be composed of 7 members.
Three of the 7 members shall be physicians, 2 of whom shall be members of
the Board and appointed to the advisory committee by
the chairman. One physician, not a member of the Board,
shall be a supervisor of a certified physician assistant and
shall be approved by the Governor from a list of Illinois physicians
supervising certified physician assistants. Three members shall be
physician assistants, certified under the law and appointed by the Governor
from a list of 10 names recommended by the Board of Directors of the
Illinois Academy of Physician Assistants. One member, not employed or
having any material interest in any health care field, shall be appointed
by the Governor and represent the public. The chairman of the physician
assistant advisory committee shall be a member elected by a majority vote
of the physician assistant advisory committee unless already a member of
the Board. The physician assistant advisory committee
is required to meet and report to the Board as physician assistant issues arise. The terms of office of each of the
original 7 members shall be at staggered intervals. One physician and one
physician assistant shall serve for a 2 year term. One physician and one
physician assistant shall serve a 3 year term. One physician, one physician
assistant and the public member shall serve a 4 year term. Upon the
expiration of the term of any member, his successor shall be appointed for
a term of 4 years in the same manner as the initial appointment. No member
shall serve more than 2 consecutive terms.
The members of the physician assistant advisory committee shall be
reimbursed for all
authorized legitimate and necessary expenses incurred in attending the meetings
of the committee.
A majority of the physician assistant advisory committee members currently
appointed
shall constitute a quorum. A vacancy in the membership of the committee shall
not impair the right of a quorum to perform all of the duties of the committee.
Members of the physician assistant advisory committee shall have no liability
for any
action based upon a disciplinary proceeding or other activity performed in good
faith as a member of the committee.
(Source: P.A. 90‑61, eff. 12‑30‑97; 91‑827, eff. 6‑13‑00.)
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(225 ILCS 95/12) (from Ch. 111, par. 4612)
(Section scheduled to be repealed on January 1, 2008)
Sec. 12.
A person shall be qualified for licensure as a physician
assistant if that person:
1. Has applied in writing in form and substance satisfactory to the
Department and has not violated any of the provisions of Section 21 of this
Act or the rules promulgated hereunder. The Department may take into
consideration any felony conviction of the applicant but such conviction
shall not operate as an absolute bar to licensure; and
2. Has successfully completed the examination provided by the National
Commission on the Certification of Physician's Assistant or its successor
agency.
(Source: P.A. 85‑981.)
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(225 ILCS 95/13) (from Ch. 111, par. 4613)
(Section scheduled to be repealed on January 1, 2008)
Sec. 13.
Subject to the provisions of this Act, the Department
shall:
1. Promulgate rules approved by the Board setting forth
standards to be met by a school or institution offering a course of
training for physician assistants prior to approval of such school
or institution.
2. Promulgate rules approved by the Board setting forth
uniform and reasonable standards of instruction
to be met prior to approval of such course of
institution for physician assistants.
3. Determine the reputability and good standing of such schools or
institutions and their course of instruction for physician assistants by
reference to compliance with such rules, provided that no school of
physician assistants that refuses admittance to applicants solely on
account of race, color, sex, or creed shall be considered reputable
and in good standing.
No rule shall be adopted under this Act which allows a
physician assistant to perform any act, task or function primarily
performed in the lawful practice of optometry under the Illinois
Optometric Practice Act of 1987.
(Source: P.A. 85‑1440.)
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(225 ILCS 95/14) (from Ch. 111, par. 4614)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14.
Issuance of license.
(a) Upon the satisfactory completion of application and
examination procedures and compliance with the applicable rules of the
Department, the Department shall issue a
physician assistant license to the qualifying applicant who
holds a
certificate issued by the National Commission on the Certification of Physician
Assistants or equivalent successor agency.
(b) Individuals who have
successfully completed an approved physician assistant program as
determined by rules of the Department, and who have made application to the
Department and submitted evidence to the Department of admission to the
certifying examination administered by the National Commission on the
Certification of Physician Assistants, or its successor agency, shall
be issued a temporary license that shall allow the
applicant to
practice until:
(1) he or she receives certification from the | ||
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(2) fifteen months have elapsed, whichever comes | ||
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Under no circumstances shall such applicant continue to practice on the
temporary
license after notification that he or she has failed the
examination. Such authorization shall not be renewable.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/14.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 14.1.
Fees.
(a) The Department shall provide by rule for a schedule of
fees to
be paid for licenses by all applicants. All fees are not refundable.
(b) Except as provided in subsection (c) below, the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration, shall be set by rule.
(c) All moneys collected under this Act by the Department shall be
deposited in the Illinois State Medical Disciplinary Fund in the State
Treasury and used (1) in the exercise of its powers and performance of its
duties under this Act, as such use is made by the Department; (2) for costs
directly
related to license renewal of persons licensed under this Act; (3) for the
costs
incurred by the physician assistant advisory committee in the exercise of its
powers and performance of its duties under this Act, as such use is made by the
Department; and (4) for direct and allocable indirect costs related to the
public purposes of the Department of Professional Regulation.
All earnings received from investment of moneys in the Illinois State
Medical Disciplinary Fund shall be deposited into the Illinois State Medical
Disciplinary Fund and shall be used for the same purposes as fees deposited in
the Fund.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/15) (from Ch. 111, par. 4615)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15.
An applicant may be approved as a physician assistant who
has been licensed or approved in another state which has substantially the
same requirements, and to whom the applicant applies and pays a fee
determined by the Department.
(Source: P.A. 85‑981.)
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(225 ILCS 95/16) (from Ch. 111, par. 4616)
(Section scheduled to be repealed on January 1, 2008)
Sec. 16.
Expiration; renewal.
The expiration date and renewal period for
each license
issued under this Act shall be set by rule. Renewal shall be conditioned
on paying the required fee and by meeting such other requirements as may be
established by rule.
Any physician assistant who has permitted his or her license to expire or
who
has had his or her license on inactive status may have the
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,
and by paying the
required fees. Proof of fitness may include sworn evidence certifying
to active lawful practice in another jurisdiction.
If the physician assistant has not maintained an active practice in another
jurisdiction satisfactory to the Department,
the Department shall determine, by an evaluation program established by
rule, his or her fitness for restoration of the license and
shall establish
procedures and requirements for such restoration.
However, any physician assistant whose license expired while he or she
was (1)
in federal service on active duty with the Armed Forces of the United
States, or the State Militia called into service or training, or (2) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have the
license
restored without paying any lapsed renewal fees if within 2 years after
honorable termination of such service, training, or education he or she
furnishes
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.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/17) (from Ch. 111, par. 4617)
(Section scheduled to be repealed on January 1, 2008)
Sec. 17.
Inactive status.
Any physician assistant who notified 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 intention to restore the
license.
Any physician assistant requesting restoration from inactive status shall
be required to pay the current renewal fee and shall be required to restore
his or her license, as provided in Section 16 of this Act.
Any physician assistant whose license is in an inactive status shall not
practice in the State of Illinois.
Any licensee who shall engage in practice while his or her license is
lapsed or
on inactive status shall be considered to be practicing without a license,
which shall be grounds for discipline under Section 21 of this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/18) (from Ch. 111, par. 4618)
Sec. 18.
(Repealed).
(Source: P.A. 89‑204, eff. 1‑1‑96. Repealed by P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/19) (from Ch. 111, par. 4619)
(Section scheduled to be repealed on January 1, 2008)
Sec. 19.
The Department shall maintain a roster of the names and
addresses of all licensees and of all persons whose licenses have been
suspended or revoked. This roster shall be available upon written request
and payment of the required fee.
(Source: P.A. 85‑981.)
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(225 ILCS 95/20) (from Ch. 111, par. 4620)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.
No corporation, which stated purpose includes, or which
practices, or which holds itself out as available to practice as a
physician assistant or to practice any of the functions described in
Section 4 of this Act, shall be issued a license by the Department, nor
shall the Secretary of State approve or accept articles of incorporation
for such a corporation.
(Source: P.A. 85‑981.)
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(225 ILCS 95/21) (from Ch. 111, par. 4621)
(Section scheduled to be repealed on January 1, 2008)
Sec. 21.
Grounds for disciplinary action.
(a) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, censure or reprimand, or take other
disciplinary action with regard to any license issued under this Act as the
Department may deem proper, including the issuance of fines not to exceed
$5000 for each violation, for any one or combination of the following causes:
(1) Material misstatement in furnishing information | ||
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(2) Violations of this Act, or the rules adopted | ||
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(3) Conviction of any crime under the laws of any | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence.
(6) Aiding or assisting another person in violating | ||
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(7) Failing, within 60 days, to provide information | ||
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(8) Engaging in dishonorable, unethical, or | ||
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(9) Habitual or excessive use or addiction to | ||
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(10) Discipline by another U.S. jurisdiction or | ||
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(11) Directly or indirectly giving to or receiving | ||
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(12) A finding by the Disciplinary Board that the | ||
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(13) Abandonment of a patient.
(14) Willfully making or filing false records or | ||
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(15) Willfully failing to report an instance of | ||
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(16) Physical illness, including but not limited to | ||
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(17) Being named as a perpetrator in an indicated | ||
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(18) Conviction in this State or another state of | ||
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(19) Gross malpractice resulting in permanent injury | ||
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(20) Employment of fraud, deception or any unlawful | ||
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(21) Exceeding the authority delegated to him or her | ||
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(22) Immoral conduct in the commission of any act, | ||
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(23) Violation of the Health Care Worker | ||
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(24) Practicing under a false or assumed name, | ||
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(25) Making a false or misleading statement | ||
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(26) Allowing another person to use his or her | ||
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(27) Prescribing, selling, administering, | ||
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(28) Promotion of the sale of drugs, devices, | ||
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(29) A pattern of practice or other behavior that | ||
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(30) Violating State or federal laws or regulations | ||
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(31) Exceeding the limited prescriptive authority | ||
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(32) Practicing without providing to the Department | ||
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(b) The Department may refuse to issue or may suspend 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 the 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.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension.
The
suspension will end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission and issues an
order so finding and discharging the patient, and upon the
recommendation of
the Disciplinary Board to the Director that the licensee be allowed to resume
his or her practice.
(d) In enforcing this Section, the Department upon a showing of a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department may order the examining physician to
present
testimony concerning the 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 communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Department.
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 this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall be grounds for suspension of his or
her
license until the individual submits to the examination if the Department
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department, as a condition, term, or restriction
for continued,
reinstated, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file
a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined, or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Director for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 15 days after the suspension and completed without
appreciable
delay.
The Department shall have the authority to review the subject
individual'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 and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑116, eff. 7‑14‑97;
90‑655, eff. 7‑30‑98.)
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(225 ILCS 95/22) (from Ch. 111, par. 4622)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.
Returned checks; fines.
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. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 95/22.1) (from Ch. 111, par. 4622.1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.1.
Injunction.
(a) If any person violates the provision of this Act, the
Director may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, or the State's Attorney of
any county in which the action is brought, petition for an order enjoining
the violation or for an order enforcing compliance with this Act.
Upon
the filing of a verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
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 Section shall
be in addition to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If any person shall practice as a physician assistant or hold
himself or herself out as a physician assistant without being licensed
under the
provisions of this Act, then any licensed physician assistant, any
interested party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him. 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
forthwith.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.2) (from Ch. 111, par. 4622.2)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.2.
Investigation; notice; hearing.
The Department may investigate
the actions of any applicant
or of any person or persons holding or claiming to hold a license. The
Department shall, before suspending, revoking, placing on probationary
status, or taking any other disciplinary action as the Department may deem
proper with regard to any license, at least 30 days prior to
the date set for the hearing, notify the applicant or licensee
in writing of any charges
made and the time and place for a hearing of the charges before the
Disciplinary Board, direct him or her to file his or her written answer
thereto to the
Disciplinary Board under oath within 20 days after the service on him or
her of
such notice and inform him or her that if he or she fails to file such
answer default
will be taken against him or her and his or her
license may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting the scope,
nature or extent of his or her practice, as the Department may deem proper
taken
with regard thereto. Such written notice may be served by personal
delivery or certified or registered mail at the last address of his or her
last
notification to the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to present such statements,
testimony, evidence, and argument as may be pertinent to the charges or to
the defense thereto. The Department may continue such hearing from time to
time. In case the applicant or licensee, after receiving
notice, fails to file an
answer, his or her license may in the discretion of the
Director,
having received first the recommendation of the Disciplinary Board, be
suspended, revoked, 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 such person's practice, without a hearing, if
the act or acts charged constitute sufficient grounds for such action
under this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.3) (from Ch. 111, par. 4622.3)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.3.
The Department, at its expense, shall preserve a record of
all proceedings at the formal hearing of any case involving the refusal to
issue, renew or discipline of a license. 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
Disciplinary Board or hearing officer and orders of the Department shall be
the record of such proceeding.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.4) (from Ch. 111, par. 4622.4)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.4.
Any circuit court may, upon application of the Department or
its designee or of the applicant or licensee against whom proceedings
pursuant to Section 22.2 of this Act are pending, enter an order requiring
the attendance of witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with any hearing
or investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.5) (from Ch. 111, par. 4622.5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.5.
Subpoena power; oaths.
The Department shall have power to
subpoena and bring
before it any person and to take testimony either orally or
by deposition or both, with the same fees and mileage and in the same
manner as prescribed by law in judicial proceedings in civil cases in
circuit courts of this State.
The Director, the designated hearing officer, and any member of the
Disciplinary Board designated by the
Director shall each have power to administer oaths to witnesses at any
hearing which the Department is authorized to conduct under this Act and
any other oaths required or authorized to be administered by the
Department under this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.6) (from Ch. 111, par. 4622.6)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.6.
At the conclusion of the hearing the Disciplinary Board shall
present to the Director a written report of its findings of fact,
conclusions of law and recommendations. The report shall contain a finding
whether or not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Disciplinary Board shall
specify the nature of the violation or failure to comply, and shall make
its recommendations to the Director.
The report of findings of fact, conclusions of law and recommendation of
the Disciplinary Board shall be the basis for the Department's order or
refusal or for the granting of a license or permit. If the Director
disagrees in any regard with the report of the Disciplinary Board, the
Director may issue an order in contravention thereof. The Director shall
provide a written report to the Disciplinary Board on any deviation, and
shall specify with particularity the reasons
for such action in the final order. The finding is not admissible in
evidence against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.7) (from Ch. 111, par. 4622.7)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.7.
Hearing officer.
Notwithstanding the provisions of Section
22.2 of this
Act, the Director shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew, or for
discipline of, a license. The Director shall notify the Disciplinary Board of
any
such
appointment. The hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings of fact,
conclusions of law, and recommendations to the Disciplinary Board and the
Director. 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.
If the Disciplinary Board fails to present its report within the 60 day
period, the Director shall issue an order based on the report of the
hearing officer. If the Director disagrees in any regard with the report
of the Disciplinary Board or hearing officer, he or she may issue an order
in
contravention thereof. The Director shall provide a written explanation to
the Disciplinary Board on any such deviation, and shall specify with
particularity the reasons for such action in the final order.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.8) (from Ch. 111, par. 4622.8)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.8.
In any case involving the refusal to issue, renew or discipline
of a license, a copy of the Disciplinary Board's report shall be served upon
the respondent by the Department, either personally or as provided in this
Act for the service of the notice of hearing. Within 20 days after such
service, the respondent may present to the Department a motion in writing
for a rehearing, which motion shall specify the particular grounds therefor.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for rehearing is denied,
then upon such denial the Director may enter an order in accordance with
recommendations of the Disciplinary Board except as provided in
Section 22.6 or 22.7 of this Act. If the respondent shall order from the
reporting service, and pay for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within which such a
motion may be filed shall commence upon the delivery of the transcript to
the respondent.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.9) (from Ch. 111, par. 4622.9)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.9.
Whenever the Director is satisfied that substantial
justice has not been done in the revocation, suspension or refusal to issue
or renew a license, the Director may order a rehearing by the same or
another hearing officer or Disciplinary Board.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.10) (from Ch. 111, par. 4622.10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.10.
Order or certified copy; prima facie proof.
An order or a
certified copy thereof, over the seal of the Department and purporting to be
signed by the Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Disciplinary Board and the members thereof | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(225 ILCS 95/22.11) (from Ch. 111, par. 4622.11)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.11.
Restoration of license.
At any time after the suspension or
revocation of any
license the Department may restore it to the licensee,
unless after
an investigation and a hearing, the Department determines that restoration
is not in the public interest.
Where circumstances of suspension or revocation so indicate, the Department
may require an examination of the licensee prior to restoring his or her
license.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.12) (from Ch. 111, par. 4622.12)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.12.
Surrender of license.
Upon the revocation or suspension of
any license, the
licensee shall immediately surrender the license to the
Department. If the
licensee fails to do so, the Department shall have the right to seize
the license.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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(225 ILCS 95/22.13) (from Ch. 111, par. 4622.13)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.13.
The Director may temporarily suspend the license
of a physician assistant without a hearing, simultaneously with
the institution of proceedings for a hearing provided for in
Section 22.2 of this Act, if the Director finds that evidence
in his possession indicates that continuation in practice would
constitute an imminent danger to the public. In the event that
the Director suspends, temporarily, this license without a hearing,
a hearing by the Department must be held within 30 days after such
suspension has occurred, and concluded without appreciable delay.
(Source: P.A. 85‑981.)
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(225 ILCS 95/22.14) (from Ch. 111, par. 4622.14)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.14.
All final administrative decisions of the Department are
subject to judicial review pursuant to the provisions of the "Administrative
Review Law", and all rules adopted pursuant thereto. 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, venue shall be in Sangamon
County.
(Source: P.A. 86‑596.)
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(225 ILCS 95/22.15) (from Ch. 111, par. 4622.15)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.15.
Certificate of record.
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. Failure on the part
of the plaintiff to file a receipt in court shall be grounds
for dismissal of the action.
(Source: P.A. 87‑1031.)
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(225 ILCS 95/22.16) (from Ch. 111, par. 4622.16)
(Section scheduled to be repealed on January 1, 2008)
Sec. 22.16.
Any person who is found to have knowingly violated any
provision of this Act is guilty of a Class A misdemeanor. On conviction of
a second or subsequent offense the violator shall be guilty of a Class 4
felony.
(Source: P.A. 85‑981.)
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(225 ILCS 95/23) (from Ch. 111, par. 4623)
(Section scheduled to be repealed on January 1, 2008)
Sec. 23.
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. 85‑981.)
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(225 ILCS 95/24) (from Ch. 111, par. 4624)
(Section scheduled to be repealed on January 1, 2008)
Sec. 24.
Pending actions.
All disciplinary actions
taken or pending pursuant to the Physician's
Assistants Practice Act,
approved September 11, 1975, as amended, shall, for the actions taken,
remain in effect, and for the actions pending, shall be continued, on the
effective date of this Act without having separate actions.
(Source: P.A. 90‑61, eff. 12‑30‑97.)
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