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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0281 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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| 20 ILCS 535/5 | | 20 ILCS 535/7 new | |
225 ILCS 60/22 | from Ch. 111, par. 4400-22 |
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Amends the Administration of Psychotropic Medications to Children Act. Provides that the Department of Children and Family Services shall adopt rules requiring the Department to distribute treatment guidelines on an annual basis to all persons licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches. Provides that the Department shall prepare and submit an annual report to the General Assembly with specified information concerning the administration of psychotropic medication to persons for whom it is legally responsible. Amends the Medical Practice Act of 1987. Provides that the Department of Financial and Professional Regulation may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under the Act upon repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.
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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Administration of Psychotropic Medications |
| 5 | | to Children Act is amended by changing Section 5 and by adding |
| 6 | | Section 7 as follows:
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| 7 | | (20 ILCS 535/5)
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| 8 | | Sec. 5. Administration of psychotropic medications. On or |
| 9 | | before October 1, 2011, the Department of Children and Family |
| 10 | | Services shall promulgate final rules, amending its current |
| 11 | | rules establishing and maintaining standards and procedures to |
| 12 | | govern the administration of psychotropic medications. Such |
| 13 | | amendments to its rules shall include, but are not limited to, |
| 14 | | the following: |
| 15 | | (a) The role of the Department in the administration of |
| 16 | | psychotropic medications to youth for whom it is legally |
| 17 | | responsible and who are in facilities operated by the Illinois |
| 18 | | Department of Corrections or the Illinois Department of |
| 19 | | Juvenile Justice. |
| 20 | | (b) Provisions regarding the administration of |
| 21 | | psychotropic medications for youth for whom the Department is |
| 22 | | legally responsible and who are in residential facilities, |
| 23 | | group homes, transitional living programs, or foster homes |
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| 1 | | where the youth is under the age of 18 or where the youth is 18 |
| 2 | | or older and has provided the Department with appropriate |
| 3 | | consent. |
| 4 | | (b-5) Provisions requiring the Department to distribute |
| 5 | | treatment guidelines on an annual basis to all persons licensed |
| 6 | | under the Medical Practice Act of 1987 to practice medicine in |
| 7 | | all of its branches. |
| 8 | | (c) Provisions regarding the administration of |
| 9 | | psychotropic medications for youth for whom the Department is |
| 10 | | legally responsible and who are in psychiatric hospitals. |
| 11 | | (d) Provisions concerning the emergency use of |
| 12 | | psychotropic medications, including appropriate and timely |
| 13 | | reporting. |
| 14 | | (e) Provisions prohibiting the administration of |
| 15 | | psychotropic medications to persons for whom the Department is |
| 16 | | legally responsible as punishment for bad behavior, for the |
| 17 | | convenience of staff or caregivers, or as a substitute for |
| 18 | | adequate mental health care or other services. |
| 19 | | (f) The creation of a committee to develop, post on a |
| 20 | | website, and periodically review materials listing which |
| 21 | | psychotropic medications are approved for use with youth for |
| 22 | | whom the Department has legal responsibility. The materials |
| 23 | | shall include guidelines for the use of psychotropic |
| 24 | | medications and may include the acceptable range of dosages, |
| 25 | | contraindications, and time limits, if any, and such other |
| 26 | | topics necessary to ensure the safe and appropriate use of |
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| 1 | | psychotropic medications. |
| 2 | | (g) Provisions regarding the appointment, qualifications, |
| 3 | | and training of employees of the Department who are authorized |
| 4 | | to consent to the administration of psychotropic medications to |
| 5 | | youth for whom the Department has legal responsibility, |
| 6 | | including the scope of the authority of such persons. |
| 7 | | (h) Provisions regarding training and materials for |
| 8 | | parents, foster parents, and relative caretakers concerning |
| 9 | | the rules governing the use of psychotropic medications with |
| 10 | | youth for whom the Department has legal responsibility. |
| 11 | | (i) With respect to any youth under the age of 18 for whom |
| 12 | | the Department has legal responsibility and who does not assent |
| 13 | | to the administration of recommended psychotropic medication, |
| 14 | | provisions providing standards and procedures for reviewing |
| 15 | | the youth's concerns. With respect to any youth over the age of |
| 16 | | 18 for whom the Department has legal responsibility and who |
| 17 | | does not consent to the administration of recommended |
| 18 | | psychotropic medication, provisions providing standards and |
| 19 | | procedures for reviewing the youth's concerns upon the youth's |
| 20 | | request and with the youth's consent. Standards and procedures |
| 21 | | developed under this subsection shall not be inconsistent with |
| 22 | | the Mental Health and Developmental Disabilities Code. |
| 23 | | (j) Provisions ensuring that, subject to all relevant |
| 24 | | confidentiality laws, service plans for youth for whom the |
| 25 | | Department has legal responsibility include the following |
| 26 | | information: |
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| 1 | | (1) Identification by name and dosage of the |
| 2 | | psychotropic medication known by the Department to have |
| 3 | | been administered to the youth since the last service plan. |
| 4 | | (2) The benefits of the psychotropic medication. |
| 5 | | (3) The negative side effects of the psychotropic |
| 6 | | medication.
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| 7 | | (Source: P.A. 97-245, eff. 8-4-11.)
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| 8 | | (20 ILCS 535/7 new) |
| 9 | | Sec. 7. Annual reports on prescribing patterns. |
| 10 | | (a) No later than December 31, 2018, and December 31 of |
| 11 | | each year thereafter, the Department shall prepare and submit |
| 12 | | an annual report, covering the previous fiscal year, to the |
| 13 | | General Assembly concerning the administration of psychotropic |
| 14 | | medication to persons for whom it is legally responsible. This |
| 15 | | report shall include, but is not limited to, pharmacy claims |
| 16 | | data for youth the Department is legally responsible for each |
| 17 | | of the following: |
| 18 | | (1) Who are or have been on 3 or more psychotropic |
| 19 | | medications for 60 days or more. |
| 20 | | (2) Who are 5 years of age or younger and have been |
| 21 | | prescribed one or more psychotropic medications. |
| 22 | | (3) Who are or have been on 2 or more antipsychotic |
| 23 | | medications for 60 days or more. |
| 24 | | Prior to the release of this data, personal identifiers, |
| 25 | | such as name, date of birth, address, and Social Security |
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| 1 | | number, shall be removed and a unique identifier shall be |
| 2 | | submitted. |
| 3 | | (b) For each person who falls into one of the categories |
| 4 | | described in subsection (a), the Department shall submit the |
| 5 | | following information to the General Assembly: |
| 6 | | (1) a list of the psychotropic medications prescribed; |
| 7 | | (2) the start and stop dates, if any, for each |
| 8 | | psychotropic medication prescribed; |
| 9 | | (3) the prescriber's name and contact information; |
| 10 | | (4) the person's year of birth; |
| 11 | | (5) the diagnoses received on non-pharmacy claims, |
| 12 | | including all associated dates of claim and service and the |
| 13 | | associated CPT code for the claim or service; |
| 14 | | (6) the unit and quantity of the medication and the |
| 15 | | number of days' supply of the medication; and |
| 16 | | (7) the person's weight. |
| 17 | | (c) The Department shall contract for consulting services |
| 18 | | from, if available, a psychiatrist who has expertise and |
| 19 | | specializes in pediatric care for the purpose of reviewing the |
| 20 | | data provided to the General Assembly in subsection (a). |
| 21 | | (d) Using information gathered from subsection (a), the |
| 22 | | Department shall analyze prescribing patterns by population |
| 23 | | for youth for whom it is legally responsible and who are in |
| 24 | | facilities operated by the Department of Corrections or the |
| 25 | | Department of Juvenile Justice. |
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| 1 | | Section 10. The Medical Practice Act of 1987 is amended by |
| 2 | | changing Section 22 as follows:
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| 3 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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| 4 | | (Section scheduled to be repealed on December 31, 2017)
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| 5 | | Sec. 22. Disciplinary action.
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| 6 | | (A) The Department may revoke, suspend, place on probation, |
| 7 | | reprimand, refuse to issue or renew, or take any other |
| 8 | | disciplinary or non-disciplinary action as the Department may |
| 9 | | deem proper
with regard to the license or permit of any person |
| 10 | | issued
under this Act, including imposing fines not to exceed |
| 11 | | $10,000 for each violation, upon any of the following grounds:
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| 12 | | (1) Performance of an elective abortion in any place, |
| 13 | | locale,
facility, or
institution other than:
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| 14 | | (a) a facility licensed pursuant to the Ambulatory |
| 15 | | Surgical Treatment
Center Act;
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| 16 | | (b) an institution licensed under the Hospital |
| 17 | | Licensing Act;
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| 18 | | (c) an ambulatory surgical treatment center or |
| 19 | | hospitalization or care
facility maintained by the |
| 20 | | State or any agency thereof, where such department
or |
| 21 | | agency has authority under law to establish and enforce |
| 22 | | standards for the
ambulatory surgical treatment |
| 23 | | centers, hospitalization, or care facilities
under its |
| 24 | | management and control;
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| 1 | | (d) ambulatory surgical treatment centers, |
| 2 | | hospitalization or care
facilities maintained by the |
| 3 | | Federal Government; or
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| 4 | | (e) ambulatory surgical treatment centers, |
| 5 | | hospitalization or care
facilities maintained by any |
| 6 | | university or college established under the laws
of |
| 7 | | this State and supported principally by public funds |
| 8 | | raised by
taxation.
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| 9 | | (2) Performance of an abortion procedure in a wilful |
| 10 | | and wanton
manner on a
woman who was not pregnant at the |
| 11 | | time the abortion procedure was
performed.
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| 12 | | (3) A plea of guilty or nolo contendere, finding of |
| 13 | | guilt, jury verdict, or entry of judgment or sentencing, |
| 14 | | including, but not limited to, convictions, preceding |
| 15 | | sentences of supervision, conditional discharge, or first |
| 16 | | offender probation, under the laws of any jurisdiction of |
| 17 | | the United States of any crime that is a felony.
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| 18 | | (4) Gross negligence in practice under this Act.
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| 19 | | (5) Engaging in dishonorable, unethical or |
| 20 | | unprofessional
conduct of a
character likely to deceive, |
| 21 | | defraud or harm the public.
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| 22 | | (6) Obtaining any fee by fraud, deceit, or
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| 23 | | misrepresentation.
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| 24 | | (7) Habitual or excessive use or abuse of drugs defined |
| 25 | | in law
as
controlled substances, of alcohol, or of any |
| 26 | | other substances which results in
the inability to practice |
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| 1 | | with reasonable judgment, skill or safety.
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| 2 | | (8) Practicing under a false or, except as provided by |
| 3 | | law, an
assumed
name.
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| 4 | | (9) Fraud or misrepresentation in applying for, or |
| 5 | | procuring, a
license
under this Act or in connection with |
| 6 | | applying for renewal of a license under
this Act.
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| 7 | | (10) Making a false or misleading statement regarding |
| 8 | | their
skill or the
efficacy or value of the medicine, |
| 9 | | treatment, or remedy prescribed by them at
their direction |
| 10 | | in the treatment of any disease or other condition of the |
| 11 | | body
or mind.
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| 12 | | (11) Allowing another person or organization to use |
| 13 | | their
license, procured
under this Act, to practice.
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| 14 | | (12) Adverse action taken by another state or |
| 15 | | jurisdiction
against a license
or other authorization to |
| 16 | | practice as a medical doctor, doctor of osteopathy,
doctor |
| 17 | | of osteopathic medicine or
doctor of chiropractic, a |
| 18 | | certified copy of the record of the action taken by
the |
| 19 | | other state or jurisdiction being prima facie evidence |
| 20 | | thereof. This includes any adverse action taken by a State |
| 21 | | or federal agency that prohibits a medical doctor, doctor |
| 22 | | of osteopathy, doctor of osteopathic medicine, or doctor of |
| 23 | | chiropractic from providing services to the agency's |
| 24 | | participants.
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| 25 | | (13) Violation of any provision of this Act or of the |
| 26 | | Medical
Practice Act
prior to the repeal of that Act, or |
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| 1 | | violation of the rules, or a final
administrative action of |
| 2 | | the Secretary, after consideration of the
recommendation |
| 3 | | of the Disciplinary Board.
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| 4 | | (14) Violation of the prohibition against fee |
| 5 | | splitting in Section 22.2 of this Act.
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| 6 | | (15) A finding by the Disciplinary Board that the
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| 7 | | registrant after
having his or her license placed on |
| 8 | | probationary status or subjected to
conditions or |
| 9 | | restrictions violated the terms of the probation or failed |
| 10 | | to
comply with such terms or conditions.
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| 11 | | (16) Abandonment of a patient.
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| 12 | | (17) Prescribing, selling, administering, |
| 13 | | distributing, giving
or
self-administering any drug |
| 14 | | classified as a controlled substance (designated
product) |
| 15 | | or narcotic for other than medically accepted therapeutic
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| 16 | | purposes.
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| 17 | | (18) Promotion of the sale of drugs, devices, |
| 18 | | appliances or
goods provided
for a patient in such manner |
| 19 | | as to exploit the patient for financial gain of
the |
| 20 | | physician.
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| 21 | | (19) Offering, undertaking or agreeing to cure or treat
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| 22 | | disease by a secret
method, procedure, treatment or |
| 23 | | medicine, or the treating, operating or
prescribing for any |
| 24 | | human condition by a method, means or procedure which the
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| 25 | | licensee refuses to divulge upon demand of the Department.
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| 26 | | (20) Immoral conduct in the commission of any act |
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| 1 | | including,
but not limited to, commission of an act of |
| 2 | | sexual misconduct related to the
licensee's
practice.
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| 3 | | (21) Wilfully making or filing false records or reports |
| 4 | | in his
or her
practice as a physician, including, but not |
| 5 | | limited to, false records to
support claims against the |
| 6 | | medical assistance program of the Department of Healthcare |
| 7 | | and Family Services (formerly Department of
Public Aid)
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| 8 | | under the Illinois Public Aid Code.
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| 9 | | (22) Wilful omission to file or record, or wilfully |
| 10 | | impeding
the filing or
recording, or inducing another |
| 11 | | person to omit to file or record, medical
reports as |
| 12 | | required by law, or wilfully failing to report an instance |
| 13 | | of
suspected abuse or neglect as required by law.
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| 14 | | (23) Being named as a perpetrator in an indicated |
| 15 | | report by
the Department
of Children and Family Services |
| 16 | | under the Abused and Neglected Child Reporting
Act, and |
| 17 | | upon proof by clear and convincing evidence that the |
| 18 | | licensee has
caused a child to be an abused child or |
| 19 | | neglected child as defined in the
Abused and Neglected |
| 20 | | Child Reporting Act.
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| 21 | | (24) Solicitation of professional patronage by any
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| 22 | | corporation, agents or
persons, or profiting from those |
| 23 | | representing themselves to be agents of the
licensee.
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| 24 | | (25) Gross and wilful and continued overcharging for
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| 25 | | professional services,
including filing false statements |
| 26 | | for collection of fees for which services are
not rendered, |
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| 1 | | including, but not limited to, filing such false statements |
| 2 | | for
collection of monies for services not rendered from the |
| 3 | | medical assistance
program of the Department of Healthcare |
| 4 | | and Family Services (formerly Department of Public Aid)
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| 5 | | under the Illinois Public Aid
Code.
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| 6 | | (26) A pattern of practice or other behavior which
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| 7 | | demonstrates
incapacity
or incompetence to practice under |
| 8 | | this Act.
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| 9 | | (27) Mental illness or disability which results in the
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| 10 | | inability to
practice under this Act with reasonable |
| 11 | | judgment, skill or safety.
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| 12 | | (28) Physical illness, including, but not limited to,
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| 13 | | deterioration through
the aging process, or loss of motor |
| 14 | | skill which results in a physician's
inability to practice |
| 15 | | under this Act with reasonable judgment, skill or
safety.
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| 16 | | (29) Cheating on or attempt to subvert the licensing
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| 17 | | examinations
administered under this Act.
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| 18 | | (30) Wilfully or negligently violating the |
| 19 | | confidentiality
between
physician and patient except as |
| 20 | | required by law.
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| 21 | | (31) The use of any false, fraudulent, or deceptive |
| 22 | | statement
in any
document connected with practice under |
| 23 | | this Act.
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| 24 | | (32) Aiding and abetting an individual not licensed |
| 25 | | under this
Act in the
practice of a profession licensed |
| 26 | | under this Act.
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| 1 | | (33) Violating state or federal laws or regulations |
| 2 | | relating
to controlled
substances, legend
drugs, or |
| 3 | | ephedra as defined in the Ephedra Prohibition Act.
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| 4 | | (34) Failure to report to the Department any adverse |
| 5 | | final
action taken
against them by another licensing |
| 6 | | jurisdiction (any other state or any
territory of the |
| 7 | | United States or any foreign state or country), by any peer
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| 8 | | review body, by any health care institution, by any |
| 9 | | professional society or
association related to practice |
| 10 | | under this Act, by any governmental agency, by
any law |
| 11 | | enforcement agency, or by any court for acts or conduct |
| 12 | | similar to acts
or conduct which would constitute grounds |
| 13 | | for action as defined in this
Section.
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| 14 | | (35) Failure to report to the Department surrender of a
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| 15 | | license or
authorization to practice as a medical doctor, a |
| 16 | | doctor of osteopathy, a
doctor of osteopathic medicine, or |
| 17 | | doctor
of chiropractic in another state or jurisdiction, or |
| 18 | | surrender of membership on
any medical staff or in any |
| 19 | | medical or professional association or society,
while |
| 20 | | under disciplinary investigation by any of those |
| 21 | | authorities or bodies,
for acts or conduct similar to acts |
| 22 | | or conduct which would constitute grounds
for action as |
| 23 | | defined in this Section.
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| 24 | | (36) Failure to report to the Department any adverse |
| 25 | | judgment,
settlement,
or award arising from a liability |
| 26 | | claim related to acts or conduct similar to
acts or conduct |
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| 1 | | which would constitute grounds for action as defined in |
| 2 | | this
Section.
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| 3 | | (37) Failure to provide copies of medical records as |
| 4 | | required
by law.
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| 5 | | (38) Failure to furnish the Department, its |
| 6 | | investigators or
representatives, relevant information, |
| 7 | | legally requested by the Department
after consultation |
| 8 | | with the Chief Medical Coordinator or the Deputy Medical
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| 9 | | Coordinator.
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| 10 | | (39) Violating the Health Care Worker Self-Referral
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| 11 | | Act.
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| 12 | | (40) Willful failure to provide notice when notice is |
| 13 | | required
under the
Parental Notice of Abortion Act of 1995.
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| 14 | | (41) Failure to establish and maintain records of |
| 15 | | patient care and
treatment as required by this law.
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| 16 | | (42) Entering into an excessive number of written |
| 17 | | collaborative
agreements with licensed advanced practice |
| 18 | | nurses resulting in an inability to
adequately |
| 19 | | collaborate.
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| 20 | | (43) Repeated failure to adequately collaborate with a |
| 21 | | licensed advanced practice nurse. |
| 22 | | (44) Violating the Compassionate Use of Medical |
| 23 | | Cannabis Pilot Program Act.
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| 24 | | (45) Entering into an excessive number of written |
| 25 | | collaborative agreements with licensed prescribing |
| 26 | | psychologists resulting in an inability to adequately |
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| 1 | | collaborate. |
| 2 | | (46) Repeated failure to adequately collaborate with a |
| 3 | | licensed prescribing psychologist. |
| 4 | | (47) Repeated acts of clearly excessive prescribing, |
| 5 | | furnishing, or administering psychotropic medications to a |
| 6 | | minor without a good faith prior examination of the patient |
| 7 | | and medical reason therefor. |
| 8 | | Except
for actions involving the ground numbered (26), all |
| 9 | | proceedings to suspend,
revoke, place on probationary status, |
| 10 | | or take any
other disciplinary action as the Department may |
| 11 | | deem proper, with regard to a
license on any of the foregoing |
| 12 | | grounds, must be commenced within 5 years next
after receipt by |
| 13 | | the Department of a complaint alleging the commission of or
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| 14 | | notice of the conviction order for any of the acts described |
| 15 | | herein. Except
for the grounds numbered (8), (9), (26), and |
| 16 | | (29), no action shall be commenced more
than 10 years after the |
| 17 | | date of the incident or act alleged to have violated
this |
| 18 | | Section. For actions involving the ground numbered (26), a |
| 19 | | pattern of practice or other behavior includes all incidents |
| 20 | | alleged to be part of the pattern of practice or other behavior |
| 21 | | that occurred, or a report pursuant to Section 23 of this Act |
| 22 | | received, within the 10-year period preceding the filing of the |
| 23 | | complaint. In the event of the settlement of any claim or cause |
| 24 | | of action
in favor of the claimant or the reduction to final |
| 25 | | judgment of any civil action
in favor of the plaintiff, such |
| 26 | | claim, cause of action or civil action being
grounded on the |
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| 1 | | allegation that a person licensed under this Act was negligent
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| 2 | | in providing care, the Department shall have an additional |
| 3 | | period of 2 years
from the date of notification to the |
| 4 | | Department under Section 23 of this Act
of such settlement or |
| 5 | | final judgment in which to investigate and
commence formal |
| 6 | | disciplinary proceedings under Section 36 of this Act, except
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| 7 | | as otherwise provided by law. The time during which the holder |
| 8 | | of the license
was outside the State of Illinois shall not be |
| 9 | | included within any period of
time limiting the commencement of |
| 10 | | disciplinary action by the Department.
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| 11 | | The entry of an order or judgment by any circuit court |
| 12 | | establishing that any
person holding a license under this Act |
| 13 | | is a person in need of mental treatment
operates as a |
| 14 | | suspension of that license. That person may resume their
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| 15 | | practice only upon the entry of a Departmental order based upon |
| 16 | | a finding by
the Disciplinary Board that they have been |
| 17 | | determined to be recovered
from mental illness by the court and |
| 18 | | upon the Disciplinary Board's
recommendation that they be |
| 19 | | permitted to resume their practice.
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| 20 | | The Department may refuse to issue or take disciplinary |
| 21 | | action concerning the license of any person
who fails to file a |
| 22 | | return, or to pay the tax, penalty or interest shown in a
filed |
| 23 | | return, or to pay any final assessment of tax, penalty or |
| 24 | | interest, as
required by any tax Act administered by the |
| 25 | | Illinois Department of Revenue,
until such time as the |
| 26 | | requirements of any such tax Act are satisfied as
determined by |
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| 1 | | the Illinois Department of Revenue.
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| 2 | | The Department, upon the recommendation of the |
| 3 | | Disciplinary Board, shall
adopt rules which set forth standards |
| 4 | | to be used in determining:
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| 5 | | (a) when a person will be deemed sufficiently |
| 6 | | rehabilitated to warrant the
public trust;
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| 7 | | (b) what constitutes dishonorable, unethical or |
| 8 | | unprofessional conduct of
a character likely to deceive, |
| 9 | | defraud, or harm the public;
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| 10 | | (c) what constitutes immoral conduct in the commission |
| 11 | | of any act,
including, but not limited to, commission of an |
| 12 | | act of sexual misconduct
related
to the licensee's |
| 13 | | practice; and
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| 14 | | (d) what constitutes gross negligence in the practice |
| 15 | | of medicine.
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| 16 | | However, no such rule shall be admissible into evidence in |
| 17 | | any civil action
except for review of a licensing or other |
| 18 | | disciplinary action under this Act.
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| 19 | | In enforcing this Section, the Disciplinary Board or the |
| 20 | | Licensing Board,
upon a showing of a possible violation, may |
| 21 | | compel, in the case of the Disciplinary Board, any individual |
| 22 | | who is licensed to
practice under this Act or holds a permit to |
| 23 | | practice under this Act, or, in the case of the Licensing |
| 24 | | Board, any individual who has applied for licensure or a permit
|
| 25 | | pursuant to this Act, to submit to a mental or physical |
| 26 | | examination and evaluation, or both,
which may include a |
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| 1 | | substance abuse or sexual offender evaluation, as required by |
| 2 | | the Licensing Board or Disciplinary Board and at the expense of |
| 3 | | the Department. The Disciplinary Board or Licensing Board shall |
| 4 | | specifically designate the examining physician licensed to |
| 5 | | practice medicine in all of its branches or, if applicable, the |
| 6 | | multidisciplinary team involved in providing the mental or |
| 7 | | physical examination and evaluation, or both. The |
| 8 | | multidisciplinary team shall be led by a physician licensed to |
| 9 | | practice medicine in all of its branches and may consist of one |
| 10 | | or more or a combination of physicians licensed to practice |
| 11 | | medicine in all of its branches, licensed chiropractic |
| 12 | | physicians, licensed clinical psychologists, licensed clinical |
| 13 | | social workers, licensed clinical professional counselors, and |
| 14 | | other professional and administrative staff. Any examining |
| 15 | | physician or member of the multidisciplinary team may require |
| 16 | | any person ordered to submit to an examination and evaluation |
| 17 | | pursuant to this Section to submit to any additional |
| 18 | | supplemental testing deemed necessary to complete any |
| 19 | | examination or evaluation process, including, but not limited |
| 20 | | to, blood testing, urinalysis, psychological testing, or |
| 21 | | neuropsychological testing.
The Disciplinary Board, the |
| 22 | | Licensing Board, or the Department may order the examining
|
| 23 | | physician or any member of the multidisciplinary team to |
| 24 | | provide to the Department, the Disciplinary Board, or the |
| 25 | | Licensing Board any and all records, including business |
| 26 | | records, that relate to the examination and evaluation, |
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| 1 | | including any supplemental testing performed. The Disciplinary |
| 2 | | Board, the Licensing Board, or the Department may order the |
| 3 | | examining physician or any member of the multidisciplinary team |
| 4 | | to present testimony concerning this examination
and |
| 5 | | evaluation of the licensee, permit holder, or applicant, |
| 6 | | including testimony concerning any supplemental testing or |
| 7 | | documents relating to the examination and evaluation. No |
| 8 | | information, report, record, or other documents in any way |
| 9 | | related to the examination and evaluation shall be excluded by |
| 10 | | reason of
any common
law or statutory privilege relating to |
| 11 | | communication between the licensee, permit holder, or
|
| 12 | | applicant and
the examining physician or any member of the |
| 13 | | multidisciplinary team.
No authorization is necessary from the |
| 14 | | licensee, permit holder, or applicant ordered to undergo an |
| 15 | | evaluation and examination for the examining physician or any |
| 16 | | member of the multidisciplinary team to provide information, |
| 17 | | reports, records, or other documents or to provide any |
| 18 | | testimony regarding the examination and evaluation. The |
| 19 | | individual to be examined may have, at his or her own expense, |
| 20 | | another
physician of his or her choice present during all |
| 21 | | aspects of the examination.
Failure of any individual to submit |
| 22 | | to mental or physical examination and evaluation, or both, when
|
| 23 | | directed, shall result in an automatic suspension, without |
| 24 | | hearing, until such time
as the individual submits to the |
| 25 | | examination. If the Disciplinary Board or Licensing Board finds |
| 26 | | a physician unable
to practice following an examination and |
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| 1 | | evaluation because of the reasons set forth in this Section, |
| 2 | | the Disciplinary
Board or Licensing Board shall require such |
| 3 | | physician to submit to care, counseling, or treatment
by |
| 4 | | physicians, or other health care professionals, approved or |
| 5 | | designated by the Disciplinary Board, as a condition
for |
| 6 | | issued, continued, reinstated, or renewed licensure to |
| 7 | | practice. Any physician,
whose license was granted pursuant to |
| 8 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, |
| 9 | | renewed, disciplined or supervised, subject to such
terms, |
| 10 | | conditions or restrictions who shall fail to comply with such |
| 11 | | terms,
conditions or restrictions, or to complete a required |
| 12 | | program of care,
counseling, or treatment, as determined by the |
| 13 | | Chief Medical Coordinator or
Deputy Medical Coordinators, |
| 14 | | shall be referred to the Secretary for a
determination as to |
| 15 | | whether the licensee shall have their license suspended
|
| 16 | | immediately, pending a hearing by the Disciplinary Board. In |
| 17 | | instances in
which the Secretary immediately suspends a license |
| 18 | | under this Section, a hearing
upon such person's license must |
| 19 | | be convened by the Disciplinary Board within 15
days after such |
| 20 | | suspension and completed without appreciable delay. The
|
| 21 | | Disciplinary Board shall have the authority to review the |
| 22 | | subject physician's
record of treatment and counseling |
| 23 | | regarding the impairment, to the extent
permitted by applicable |
| 24 | | federal statutes and regulations safeguarding the
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| 25 | | confidentiality of medical records.
|
| 26 | | An individual licensed under this Act, affected under this |
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| 1 | | Section, shall be
afforded an opportunity to demonstrate to the |
| 2 | | Disciplinary Board that they can
resume practice in compliance |
| 3 | | with acceptable and prevailing standards under
the provisions |
| 4 | | of their license.
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| 5 | | The Department may promulgate rules for the imposition of |
| 6 | | fines in
disciplinary cases, not to exceed
$10,000 for each |
| 7 | | violation of this Act. Fines
may be imposed in conjunction with |
| 8 | | other forms of disciplinary action, but
shall not be the |
| 9 | | exclusive disposition of any disciplinary action arising out
of |
| 10 | | conduct resulting in death or injury to a patient. Any funds |
| 11 | | collected from
such fines shall be deposited in the Medical |
| 12 | | Disciplinary Fund.
|
| 13 | | All fines imposed under this Section shall be paid within |
| 14 | | 60 days after the effective date of the order imposing the fine |
| 15 | | or in accordance with the terms set forth in the order imposing |
| 16 | | the fine. |
| 17 | | (B) The Department shall revoke the license or
permit |
| 18 | | issued under this Act to practice medicine or a chiropractic |
| 19 | | physician who
has been convicted a second time of committing |
| 20 | | any felony under the
Illinois Controlled Substances Act or the |
| 21 | | Methamphetamine Control and Community Protection Act, or who |
| 22 | | has been convicted a second time of
committing a Class 1 felony |
| 23 | | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A |
| 24 | | person whose license or permit is revoked
under
this subsection |
| 25 | | B shall be prohibited from practicing
medicine or treating |
| 26 | | human ailments without the use of drugs and without
operative |
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| 1 | | surgery.
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| 2 | | (C) The Department shall not revoke, suspend, place on |
| 3 | | probation, reprimand, refuse to issue or renew, or take any |
| 4 | | other disciplinary or non-disciplinary action against the |
| 5 | | license or permit issued under this Act to practice medicine to |
| 6 | | a physician based solely upon the recommendation of the |
| 7 | | physician to an eligible patient regarding, or prescription |
| 8 | | for, or treatment with, an investigational drug, biological |
| 9 | | product, or device. |
| 10 | | (D) The Disciplinary Board shall recommend to the
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| 11 | | Department civil
penalties and any other appropriate |
| 12 | | discipline in disciplinary cases when the
Board finds that a |
| 13 | | physician willfully performed an abortion with actual
|
| 14 | | knowledge that the person upon whom the abortion has been |
| 15 | | performed is a minor
or an incompetent person without notice as |
| 16 | | required under the Parental Notice
of Abortion Act of 1995. |
| 17 | | Upon the Board's recommendation, the Department shall
impose, |
| 18 | | for the first violation, a civil penalty of $1,000 and for a |
| 19 | | second or
subsequent violation, a civil penalty of $5,000.
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| 20 | | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; |
| 21 | | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16.)
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