Bill Text: IL HB3625 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Creates the Torture Reporting Act. Mandates the reporting of torture to law enforcement agencies by designated professionals. Provides that any licensed medical or dental professional having reasonable cause to believe that a person known to him or her in his or her professional or official capacity is affected by torture, improper treatment or other like conduct has occurred, is occurring or will occur shall, as soon as is possible without jeopardizing his or her physical safety, or the physical safety of others, report the incident to a law enforcement agency. Provides that the privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving alleged acts of torture. Provides that any physician, dentist, or dental hygienist who willfully fails to report suspected torture under the Act shall be referred to the appropriate licensing entity. Provides that any other person required by the Act to report suspected torture who willfully fails to report torture is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. Provides that any person required to report who has reasonable cause to suspect that a person has died as a result of torture shall also immediately report this suspicion to the appropriate medical examiner or coroner, who shall investigate the report and communicate the gross findings, within specified times. Provides that a home rule unit may not regulate the reporting of cases of torture in a manner inconsistent with the Act. Amends the Medical Practice Act and the Dental Practice Act to include the Torture Reporting Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3625 Detail]
Download: Illinois-2011-HB3625-Introduced.html
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1 | AN ACT concerning torture.
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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 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Torture Reporting Act.
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6 | Section 5. Definition. As used in the Act: | ||||||||||||||||||||||||
7 | "Local law enforcement agency" means the police of a city, | ||||||||||||||||||||||||
8 | town, village, or other incorporated area or the sheriff of a | ||||||||||||||||||||||||
9 | county, or any sworn officer of the Illinois Department of | ||||||||||||||||||||||||
10 | State Police.
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11 | Section 10. Persons required to report. Any physician, | ||||||||||||||||||||||||
12 | resident, intern, hospital, hospital administrator, and | ||||||||||||||||||||||||
13 | personnel engaged in the examination, care and treatment of | ||||||||||||||||||||||||
14 | persons, surgeon, dentist, dentist hygienist, osteopath, | ||||||||||||||||||||||||
15 | chiropractor, podiatrist, physician assistant, medical | ||||||||||||||||||||||||
16 | examiner, emergency medical technician, acupuncturist, | ||||||||||||||||||||||||
17 | registered nurse, licensed practical nurse, genetic counselor, | ||||||||||||||||||||||||
18 | respiratory care practitioner, advanced practice nurse, or | ||||||||||||||||||||||||
19 | home health aide, having reasonable cause to believe a person | ||||||||||||||||||||||||
20 | known to them in his or her professional or official capacity | ||||||||||||||||||||||||
21 | is affected by torture, improper treatment, or other like | ||||||||||||||||||||||||
22 | conduct that has occurred, is occurring, or will occur shall, |
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1 | as soon as is possible without jeopardizing his or her own | ||||||
2 | physical safety or the physical safety of other parties, report | ||||||
3 | the incident to a local law enforcement agency.
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4 | Section 15. Privilege. The privileged quality of | ||||||
5 | communication between any professional person required to | ||||||
6 | report and his or her patient or client shall not apply to | ||||||
7 | situations involving alleged acts of torture.
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8 | Section 20. Sanctions. Any physician who willfully fails to | ||||||
9 | report suspected torture as required by this Act shall be | ||||||
10 | referred to the Illinois State Medical Disciplinary Board for | ||||||
11 | action in accordance with paragraph 22 of subsection (a) of | ||||||
12 | Section 22 of the Medical Practice Act of 1987. Any dentist or | ||||||
13 | dental hygienist who willfully fails to report suspected | ||||||
14 | torture as required by the Act shall be referred to the | ||||||
15 | Department of Financial and Professional Regulation for action | ||||||
16 | in accordance with paragraph 19 of Section 23 of the Illinois | ||||||
17 | Dental Practice Act. Any other person required by the Act to | ||||||
18 | report suspected torture who willfully fails to report such is | ||||||
19 | guilty of a Class A misdemeanor for a first violation and a | ||||||
20 | Class 4 felony for a second or subsequent violation.
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21 | Section 25. Death report. Any person required to report | ||||||
22 | under the Act who has reasonable cause to suspect that a person | ||||||
23 | has died as a result of torture shall also immediately report |
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1 | his or her suspicion to the appropriate medical examiner or | ||||||
2 | coroner. The medical examiner or coroner shall investigate the | ||||||
3 | report and communicate his or her apparent gross findings, | ||||||
4 | orally, immediately upon completion of the gross autopsy, but | ||||||
5 | in all cases orally within 72 hours and within 21 days in | ||||||
6 | writing, to the local law enforcement agency, the appropriate | ||||||
7 | State's attorney, and, if the institution making the report is | ||||||
8 | a hospital, the hospital.
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9 | Section 30. Home rule limitation. A home rule unit may not | ||||||
10 | regulate the reporting of cases of torture in a manner | ||||||
11 | inconsistent with the provisions of this Act. This Section is a | ||||||
12 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
13 | the Illinois Constitution on the concurrent exercise by home | ||||||
14 | rule units of powers and functions exercised by the State.
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15 | Section 800. The Medical Practice Act of 1987 is amended by | ||||||
16 | changing Section 22 as follows:
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17 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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18 | (Section scheduled to be repealed on November 30, 2011)
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19 | (Text of Section WITH the changes made by P.A. 94-677, | ||||||
20 | which has been held
unconstitutional) | ||||||
21 | Sec. 22. Disciplinary action.
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22 | (A) The Department may revoke, suspend, place on | ||||||
23 | probationary
status, refuse to renew, or take any other |
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1 | disciplinary action as the Department may deem proper
with | ||||||
2 | regard to the license or visiting professor permit of any | ||||||
3 | person issued
under this Act to practice medicine, or to treat | ||||||
4 | human ailments without the use
of drugs and without operative | ||||||
5 | surgery upon any of the following grounds:
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6 | (1) Performance of an elective abortion in any place, | ||||||
7 | locale,
facility, or
institution other than:
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8 | (a) a facility licensed pursuant to the Ambulatory | ||||||
9 | Surgical Treatment
Center Act;
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10 | (b) an institution licensed under the Hospital | ||||||
11 | Licensing Act;
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12 | (c) an ambulatory surgical treatment center or | ||||||
13 | hospitalization or care
facility maintained by the | ||||||
14 | State or any agency thereof, where such department
or | ||||||
15 | agency has authority under law to establish and enforce | ||||||
16 | standards for the
ambulatory surgical treatment | ||||||
17 | centers, hospitalization, or care facilities
under its | ||||||
18 | management and control;
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19 | (d) ambulatory surgical treatment centers, | ||||||
20 | hospitalization or care
facilities maintained by the | ||||||
21 | Federal Government; or
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22 | (e) ambulatory surgical treatment centers, | ||||||
23 | hospitalization or care
facilities maintained by any | ||||||
24 | university or college established under the laws
of | ||||||
25 | this State and supported principally by public funds | ||||||
26 | raised by
taxation.
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1 | (2) Performance of an abortion procedure in a wilful | ||||||
2 | and wanton
manner on a
woman who was not pregnant at the | ||||||
3 | time the abortion procedure was
performed.
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4 | (3) The conviction of a felony in this or any other
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5 | jurisdiction, except as
otherwise provided in subsection B | ||||||
6 | of this Section, whether or not related to
practice under | ||||||
7 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
8 | to a
felony charge.
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9 | (4) Gross negligence in practice under this Act.
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10 | (5) Engaging in dishonorable, unethical or | ||||||
11 | unprofessional
conduct of a
character likely to deceive, | ||||||
12 | defraud or harm the public.
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13 | (6) Obtaining any fee by fraud, deceit, or
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14 | misrepresentation.
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15 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
16 | in law
as
controlled substances, of alcohol, or of any | ||||||
17 | other substances which results in
the inability to practice | ||||||
18 | with reasonable judgment, skill or safety.
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19 | (8) Practicing under a false or, except as provided by | ||||||
20 | law, an
assumed
name.
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21 | (9) Fraud or misrepresentation in applying for, or | ||||||
22 | procuring, a
license
under this Act or in connection with | ||||||
23 | applying for renewal of a license under
this Act.
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24 | (10) Making a false or misleading statement regarding | ||||||
25 | their
skill or the
efficacy or value of the medicine, | ||||||
26 | treatment, or remedy prescribed by them at
their direction |
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1 | in the treatment of any disease or other condition of the | ||||||
2 | body
or mind.
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3 | (11) Allowing another person or organization to use | ||||||
4 | their
license, procured
under this Act, to practice.
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5 | (12) Disciplinary action of another state or | ||||||
6 | jurisdiction
against a license
or other authorization to | ||||||
7 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
8 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
9 | certified copy of the record of the action taken by
the | ||||||
10 | other state or jurisdiction being prima facie evidence | ||||||
11 | thereof.
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12 | (13) Violation of any provision of this Act or of the | ||||||
13 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
14 | violation of the rules, or a final
administrative action of | ||||||
15 | the Secretary, after consideration of the
recommendation | ||||||
16 | of the Disciplinary Board.
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17 | (14) Violation of the prohibition against fee | ||||||
18 | splitting in Section 22.2 of this Act.
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19 | (15) A finding by the Medical Disciplinary Board that | ||||||
20 | the
registrant after
having his or her license placed on | ||||||
21 | probationary status or subjected to
conditions or | ||||||
22 | restrictions violated the terms of the probation or failed | ||||||
23 | to
comply with such terms or conditions.
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24 | (16) Abandonment of a patient.
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25 | (17) Prescribing, selling, administering, | ||||||
26 | distributing, giving
or
self-administering any drug |
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1 | classified as a controlled substance (designated
product) | ||||||
2 | or narcotic for other than medically accepted therapeutic
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3 | purposes.
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4 | (18) Promotion of the sale of drugs, devices, | ||||||
5 | appliances or
goods provided
for a patient in such manner | ||||||
6 | as to exploit the patient for financial gain of
the | ||||||
7 | physician.
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8 | (19) Offering, undertaking or agreeing to cure or treat
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9 | disease by a secret
method, procedure, treatment or | ||||||
10 | medicine, or the treating, operating or
prescribing for any | ||||||
11 | human condition by a method, means or procedure which the
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12 | licensee refuses to divulge upon demand of the Department.
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13 | (20) Immoral conduct in the commission of any act | ||||||
14 | including,
but not limited to, commission of an act of | ||||||
15 | sexual misconduct related to the
licensee's
practice.
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16 | (21) Wilfully making or filing false records or reports | ||||||
17 | in his
or her
practice as a physician, including, but not | ||||||
18 | limited to, false records to
support claims against the | ||||||
19 | medical assistance program of the Department of Healthcare | ||||||
20 | and Family Services (formerly Department of
Public Aid)
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21 | under the Illinois Public Aid Code.
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22 | (22) Wilful omission to file or record, or wilfully | ||||||
23 | impeding
the filing or
recording, or inducing another | ||||||
24 | person to omit to file or record, medical
reports as | ||||||
25 | required by law, or wilfully failing to report an instance | ||||||
26 | of
suspected abuse , torture, or neglect as required by law.
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1 | (23) Being named as a perpetrator in an indicated | ||||||
2 | report by
the Department
of Children and Family Services | ||||||
3 | under the Abused and Neglected Child Reporting
Act, and | ||||||
4 | upon proof by clear and convincing evidence that the | ||||||
5 | licensee has
caused a child to be an abused child or | ||||||
6 | neglected child as defined in the
Abused and Neglected | ||||||
7 | Child Reporting Act.
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8 | (24) Solicitation of professional patronage by any
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9 | corporation, agents or
persons, or profiting from those | ||||||
10 | representing themselves to be agents of the
licensee.
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11 | (25) Gross and wilful and continued overcharging for
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12 | professional services,
including filing false statements | ||||||
13 | for collection of fees for which services are
not rendered, | ||||||
14 | including, but not limited to, filing such false statements | ||||||
15 | for
collection of monies for services not rendered from the | ||||||
16 | medical assistance
program of the Department of Healthcare | ||||||
17 | and Family Services (formerly Department of Public Aid)
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18 | under the Illinois Public Aid
Code.
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19 | (26) A pattern of practice or other behavior which
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20 | demonstrates
incapacity
or incompetence to practice under | ||||||
21 | this Act.
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22 | (27) Mental illness or disability which results in the
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23 | inability to
practice under this Act with reasonable | ||||||
24 | judgment, skill or safety.
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25 | (28) Physical illness, including, but not limited to,
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26 | deterioration through
the aging process, or loss of motor |
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1 | skill which results in a physician's
inability to practice | ||||||
2 | under this Act with reasonable judgment, skill or
safety.
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3 | (29) Cheating on or attempt to subvert the licensing
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4 | examinations
administered under this Act.
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5 | (30) Wilfully or negligently violating the | ||||||
6 | confidentiality
between
physician and patient except as | ||||||
7 | required by law.
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8 | (31) The use of any false, fraudulent, or deceptive | ||||||
9 | statement
in any
document connected with practice under | ||||||
10 | this Act.
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11 | (32) Aiding and abetting an individual not licensed | ||||||
12 | under this
Act in the
practice of a profession licensed | ||||||
13 | under this Act.
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14 | (33) Violating state or federal laws or regulations | ||||||
15 | relating
to controlled
substances, legend
drugs, or | ||||||
16 | ephedra, as defined in the Ephedra Prohibition Act.
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17 | (34) Failure to report to the Department any adverse | ||||||
18 | final
action taken
against them by another licensing | ||||||
19 | jurisdiction (any other state or any
territory of the | ||||||
20 | United States or any foreign state or country), by any peer
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21 | review body, by any health care institution, by any | ||||||
22 | professional society or
association related to practice | ||||||
23 | under this Act, by any governmental agency, by
any law | ||||||
24 | enforcement agency, or by any court for acts or conduct | ||||||
25 | similar to acts
or conduct which would constitute grounds | ||||||
26 | for action as defined in this
Section.
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1 | (35) Failure to report to the Department surrender of a
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2 | license or
authorization to practice as a medical doctor, a | ||||||
3 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
4 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
5 | surrender of membership on
any medical staff or in any | ||||||
6 | medical or professional association or society,
while | ||||||
7 | under disciplinary investigation by any of those | ||||||
8 | authorities or bodies,
for acts or conduct similar to acts | ||||||
9 | or conduct which would constitute grounds
for action as | ||||||
10 | defined in this Section.
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11 | (36) Failure to report to the Department any adverse | ||||||
12 | judgment,
settlement,
or award arising from a liability | ||||||
13 | claim related to acts or conduct similar to
acts or conduct | ||||||
14 | which would constitute grounds for action as defined in | ||||||
15 | this
Section.
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16 | (37) Failure to provide copies of medical records as | ||||||
17 | required
by law.
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18 | (38) Failure to furnish the Department, its | ||||||
19 | investigators or
representatives, relevant information, | ||||||
20 | legally requested by the Department
after consultation | ||||||
21 | with the Chief Medical Coordinator or the Deputy Medical
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22 | Coordinator.
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23 | (39) Violating the Health Care Worker Self-Referral
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24 | Act.
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25 | (40) Willful failure to provide notice when notice is | ||||||
26 | required
under the
Parental Notice of Abortion Act of 1995.
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1 | (41) Failure to establish and maintain records of | ||||||
2 | patient care and
treatment as required by this law.
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3 | (42) Entering into an excessive number of written | ||||||
4 | collaborative
agreements with licensed advanced practice | ||||||
5 | nurses resulting in an inability to
adequately | ||||||
6 | collaborate.
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7 | (43) Repeated failure to adequately collaborate with a | ||||||
8 | licensed advanced practice nurse.
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9 | Except
for actions involving the ground numbered (26), all | ||||||
10 | proceedings to suspend,
revoke, place on probationary status, | ||||||
11 | or take any
other disciplinary action as the Department may | ||||||
12 | deem proper, with regard to a
license on any of the foregoing | ||||||
13 | grounds, must be commenced within 5 years next
after receipt by | ||||||
14 | the Department of a complaint alleging the commission of or
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15 | notice of the conviction order for any of the acts described | ||||||
16 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
17 | (29), no action shall be commenced more
than 10 years after the | ||||||
18 | date of the incident or act alleged to have violated
this | ||||||
19 | Section. For actions involving the ground numbered (26), a | ||||||
20 | pattern of practice or other behavior includes all incidents | ||||||
21 | alleged to be part of the pattern of practice or other behavior | ||||||
22 | that occurred or a report pursuant to Section 23 of this Act | ||||||
23 | received within the 10-year period preceding the filing of the | ||||||
24 | complaint. In the event of the settlement of any claim or cause | ||||||
25 | of action
in favor of the claimant or the reduction to final | ||||||
26 | judgment of any civil action
in favor of the plaintiff, such |
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1 | claim, cause of action or civil action being
grounded on the | ||||||
2 | allegation that a person licensed under this Act was negligent
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3 | in providing care, the Department shall have an additional | ||||||
4 | period of 2 years
from the date of notification to the | ||||||
5 | Department under Section 23 of this Act
of such settlement or | ||||||
6 | final judgment in which to investigate and
commence formal | ||||||
7 | disciplinary proceedings under Section 36 of this Act, except
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8 | as otherwise provided by law. The time during which the holder | ||||||
9 | of the license
was outside the State of Illinois shall not be | ||||||
10 | included within any period of
time limiting the commencement of | ||||||
11 | disciplinary action by the Department.
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12 | The entry of an order or judgment by any circuit court | ||||||
13 | establishing that any
person holding a license under this Act | ||||||
14 | is a person in need of mental treatment
operates as a | ||||||
15 | suspension of that license. That person may resume their
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16 | practice only upon the entry of a Departmental order based upon | ||||||
17 | a finding by
the Medical Disciplinary Board that they have been | ||||||
18 | determined to be recovered
from mental illness by the court and | ||||||
19 | upon the Disciplinary Board's
recommendation that they be | ||||||
20 | permitted to resume their practice.
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21 | The Department may refuse to issue or take disciplinary | ||||||
22 | action concerning the license of any person
who fails to file a | ||||||
23 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
24 | return, or to pay any final assessment of tax, penalty or | ||||||
25 | interest, as
required by any tax Act administered by the | ||||||
26 | Illinois Department of Revenue,
until such time as the |
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1 | requirements of any such tax Act are satisfied as
determined by | ||||||
2 | the Illinois Department of Revenue.
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3 | The Department, upon the recommendation of the | ||||||
4 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
5 | to be used in determining:
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6 | (a) when a person will be deemed sufficiently | ||||||
7 | rehabilitated to warrant the
public trust;
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8 | (b) what constitutes dishonorable, unethical or | ||||||
9 | unprofessional conduct of
a character likely to deceive, | ||||||
10 | defraud, or harm the public;
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11 | (c) what constitutes immoral conduct in the commission | ||||||
12 | of any act,
including, but not limited to, commission of an | ||||||
13 | act of sexual misconduct
related
to the licensee's | ||||||
14 | practice; and
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15 | (d) what constitutes gross negligence in the practice | ||||||
16 | of medicine.
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17 | However, no such rule shall be admissible into evidence in | ||||||
18 | any civil action
except for review of a licensing or other | ||||||
19 | disciplinary action under this Act.
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20 | In enforcing this Section, the Medical Disciplinary Board,
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21 | upon a showing of a possible violation, may compel any | ||||||
22 | individual licensed to
practice under this Act, or who has | ||||||
23 | applied for licensure or a permit
pursuant to this Act, to | ||||||
24 | submit to a mental or physical examination, or both,
as | ||||||
25 | required by and at the expense of the Department. The examining | ||||||
26 | physician
or physicians shall be those specifically designated |
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1 | by the Disciplinary Board.
The Medical Disciplinary Board or | ||||||
2 | the Department may order the examining
physician to present | ||||||
3 | testimony concerning this mental or physical examination
of the | ||||||
4 | licensee or applicant. No information shall be excluded by | ||||||
5 | reason of
any common
law or statutory privilege relating to | ||||||
6 | communication between the licensee or
applicant and
the | ||||||
7 | examining physician.
The individual to be examined may have, at | ||||||
8 | his or her own expense, another
physician of his or her choice | ||||||
9 | present during all aspects of the examination.
Failure of any | ||||||
10 | individual to submit to mental or physical examination, when
| ||||||
11 | directed, shall be grounds for suspension of his or her license | ||||||
12 | until such time
as the individual submits to the examination if | ||||||
13 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
14 | the refusal to submit to the examination was
without reasonable | ||||||
15 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
16 | practice because of the reasons set forth in this Section, the | ||||||
17 | Disciplinary
Board shall require such physician to submit to | ||||||
18 | care, counseling, or treatment
by physicians approved or | ||||||
19 | designated by the Disciplinary Board, as a condition
for | ||||||
20 | continued, reinstated, or renewed licensure to practice. Any | ||||||
21 | physician,
whose license was granted pursuant to Sections 9, | ||||||
22 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
23 | disciplined or supervised, subject to such
terms, conditions or | ||||||
24 | restrictions who shall fail to comply with such terms,
| ||||||
25 | conditions or restrictions, or to complete a required program | ||||||
26 | of care,
counseling, or treatment, as determined by the Chief |
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1 | Medical Coordinator or
Deputy Medical Coordinators, shall be | ||||||
2 | referred to the Secretary for a
determination as to whether the | ||||||
3 | licensee shall have their license suspended
immediately, | ||||||
4 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
5 | which the Secretary immediately suspends a license under this | ||||||
6 | Section, a hearing
upon such person's license must be convened | ||||||
7 | by the Disciplinary Board within 15
days after such suspension | ||||||
8 | and completed without appreciable delay. The
Disciplinary | ||||||
9 | Board shall have the authority to review the subject | ||||||
10 | physician's
record of treatment and counseling regarding the | ||||||
11 | impairment, to the extent
permitted by applicable federal | ||||||
12 | statutes and regulations safeguarding the
confidentiality of | ||||||
13 | medical records.
| ||||||
14 | An individual licensed under this Act, affected under this | ||||||
15 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
16 | Disciplinary Board that they can
resume practice in compliance | ||||||
17 | with acceptable and prevailing standards under
the provisions | ||||||
18 | of their license.
| ||||||
19 | The Department may promulgate rules for the imposition of | ||||||
20 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
21 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
22 | other forms of disciplinary action, but
shall not be the | ||||||
23 | exclusive disposition of any disciplinary action arising out
of | ||||||
24 | conduct resulting in death or injury to a patient. Any funds | ||||||
25 | collected from
such fines shall be deposited in the Medical | ||||||
26 | Disciplinary Fund.
|
| |||||||
| |||||||
1 | (B) The Department shall revoke the license or visiting
| ||||||
2 | permit of any person issued under this Act to practice medicine | ||||||
3 | or to treat
human ailments without the use of drugs and without | ||||||
4 | operative surgery, who
has been convicted a second time of | ||||||
5 | committing any felony under the
Illinois Controlled Substances | ||||||
6 | Act or the Methamphetamine Control and Community Protection | ||||||
7 | Act, or who has been convicted a second time of
committing a | ||||||
8 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
9 | Public
Aid Code. A person whose license or visiting permit is | ||||||
10 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
11 | be prohibited from practicing
medicine or treating human | ||||||
12 | ailments without the use of drugs and without
operative | ||||||
13 | surgery.
| ||||||
14 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
15 | Department civil
penalties and any other appropriate | ||||||
16 | discipline in disciplinary cases when the
Board finds that a | ||||||
17 | physician willfully performed an abortion with actual
| ||||||
18 | knowledge that the person upon whom the abortion has been | ||||||
19 | performed is a minor
or an incompetent person without notice as | ||||||
20 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
21 | Upon the Board's recommendation, the Department shall
impose, | ||||||
22 | for the first violation, a civil penalty of $1,000 and for a | ||||||
23 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
24 | (Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05 ; | ||||||
25 | 95-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff. | ||||||
26 | 7-2-10.)
|
| |||||||
| |||||||
1 | (Text of Section WITHOUT the changes made by P.A. 94-677, | ||||||
2 | which has been held
unconstitutional) | ||||||
3 | Sec. 22. Disciplinary action.
| ||||||
4 | (A) The Department may revoke, suspend, place on | ||||||
5 | probationary
status, or take any other disciplinary action as | ||||||
6 | the Department may deem proper
with regard to the license or | ||||||
7 | visiting professor permit of any person issued
under this Act | ||||||
8 | to practice medicine, or to treat human ailments without the | ||||||
9 | use
of drugs and without operative surgery upon any of the | ||||||
10 | following grounds:
| ||||||
11 | (1) Performance of an elective abortion in any place, | ||||||
12 | locale,
facility, or
institution other than:
| ||||||
13 | (a) a facility licensed pursuant to the Ambulatory | ||||||
14 | Surgical Treatment
Center Act;
| ||||||
15 | (b) an institution licensed under the Hospital | ||||||
16 | Licensing Act;
| ||||||
17 | (c) an ambulatory surgical treatment center or | ||||||
18 | hospitalization or care
facility maintained by the | ||||||
19 | State or any agency thereof, where such department
or | ||||||
20 | agency has authority under law to establish and enforce | ||||||
21 | standards for the
ambulatory surgical treatment | ||||||
22 | centers, hospitalization, or care facilities
under its | ||||||
23 | management and control;
| ||||||
24 | (d) ambulatory surgical treatment centers, | ||||||
25 | hospitalization or care
facilities maintained by the |
| |||||||
| |||||||
1 | Federal Government; or
| ||||||
2 | (e) ambulatory surgical treatment centers, | ||||||
3 | hospitalization or care
facilities maintained by any | ||||||
4 | university or college established under the laws
of | ||||||
5 | this State and supported principally by public funds | ||||||
6 | raised by
taxation.
| ||||||
7 | (2) Performance of an abortion procedure in a wilful | ||||||
8 | and wanton
manner on a
woman who was not pregnant at the | ||||||
9 | time the abortion procedure was
performed.
| ||||||
10 | (3) The conviction of a felony in this or any other
| ||||||
11 | jurisdiction, except as
otherwise provided in subsection B | ||||||
12 | of this Section, whether or not related to
practice under | ||||||
13 | this Act, or the entry of a guilty or nolo contendere plea | ||||||
14 | to a
felony charge.
| ||||||
15 | (4) Gross negligence in practice under this Act.
| ||||||
16 | (5) Engaging in dishonorable, unethical or | ||||||
17 | unprofessional
conduct of a
character likely to deceive, | ||||||
18 | defraud or harm the public.
| ||||||
19 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
20 | misrepresentation.
| ||||||
21 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
22 | in law
as
controlled substances, of alcohol, or of any | ||||||
23 | other substances which results in
the inability to practice | ||||||
24 | with reasonable judgment, skill or safety.
| ||||||
25 | (8) Practicing under a false or, except as provided by | ||||||
26 | law, an
assumed
name.
|
| |||||||
| |||||||
1 | (9) Fraud or misrepresentation in applying for, or | ||||||
2 | procuring, a
license
under this Act or in connection with | ||||||
3 | applying for renewal of a license under
this Act.
| ||||||
4 | (10) Making a false or misleading statement regarding | ||||||
5 | their
skill or the
efficacy or value of the medicine, | ||||||
6 | treatment, or remedy prescribed by them at
their direction | ||||||
7 | in the treatment of any disease or other condition of the | ||||||
8 | body
or mind.
| ||||||
9 | (11) Allowing another person or organization to use | ||||||
10 | their
license, procured
under this Act, to practice.
| ||||||
11 | (12) Disciplinary action of another state or | ||||||
12 | jurisdiction
against a license
or other authorization to | ||||||
13 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
14 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
15 | certified copy of the record of the action taken by
the | ||||||
16 | other state or jurisdiction being prima facie evidence | ||||||
17 | thereof.
| ||||||
18 | (13) Violation of any provision of this Act or of the | ||||||
19 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
20 | violation of the rules, or a final
administrative action of | ||||||
21 | the Director, after consideration of the
recommendation of | ||||||
22 | the Disciplinary Board.
| ||||||
23 | (14) Violation of the prohibition against fee | ||||||
24 | splitting in Section 22.2 of this Act.
| ||||||
25 | (15) A finding by the Medical Disciplinary Board that | ||||||
26 | the
registrant after
having his or her license placed on |
| |||||||
| |||||||
1 | probationary status or subjected to
conditions or | ||||||
2 | restrictions violated the terms of the probation or failed | ||||||
3 | to
comply with such terms or conditions.
| ||||||
4 | (16) Abandonment of a patient.
| ||||||
5 | (17) Prescribing, selling, administering, | ||||||
6 | distributing, giving
or
self-administering any drug | ||||||
7 | classified as a controlled substance (designated
product) | ||||||
8 | or narcotic for other than medically accepted therapeutic
| ||||||
9 | purposes.
| ||||||
10 | (18) Promotion of the sale of drugs, devices, | ||||||
11 | appliances or
goods provided
for a patient in such manner | ||||||
12 | as to exploit the patient for financial gain of
the | ||||||
13 | physician.
| ||||||
14 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
15 | disease by a secret
method, procedure, treatment or | ||||||
16 | medicine, or the treating, operating or
prescribing for any | ||||||
17 | human condition by a method, means or procedure which the
| ||||||
18 | licensee refuses to divulge upon demand of the Department.
| ||||||
19 | (20) Immoral conduct in the commission of any act | ||||||
20 | including,
but not limited to, commission of an act of | ||||||
21 | sexual misconduct related to the
licensee's
practice.
| ||||||
22 | (21) Wilfully making or filing false records or reports | ||||||
23 | in his
or her
practice as a physician, including, but not | ||||||
24 | limited to, false records to
support claims against the | ||||||
25 | medical assistance program of the Department of Healthcare | ||||||
26 | and Family Services (formerly Department of
Public Aid) |
| |||||||
| |||||||
1 | under the Illinois Public Aid Code.
| ||||||
2 | (22) Wilful omission to file or record, or wilfully | ||||||
3 | impeding
the filing or
recording, or inducing another | ||||||
4 | person to omit to file or record, medical
reports as | ||||||
5 | required by law, or wilfully failing to report an instance | ||||||
6 | of
suspected abuse , torture, or neglect as required by law.
| ||||||
7 | (23) Being named as a perpetrator in an indicated | ||||||
8 | report by
the Department
of Children and Family Services | ||||||
9 | under the Abused and Neglected Child Reporting
Act, and | ||||||
10 | upon proof by clear and convincing evidence that the | ||||||
11 | licensee has
caused a child to be an abused child or | ||||||
12 | neglected child as defined in the
Abused and Neglected | ||||||
13 | Child Reporting Act.
| ||||||
14 | (24) Solicitation of professional patronage by any
| ||||||
15 | corporation, agents or
persons, or profiting from those | ||||||
16 | representing themselves to be agents of the
licensee.
| ||||||
17 | (25) Gross and wilful and continued overcharging for
| ||||||
18 | professional services,
including filing false statements | ||||||
19 | for collection of fees for which services are
not rendered, | ||||||
20 | including, but not limited to, filing such false statements | ||||||
21 | for
collection of monies for services not rendered from the | ||||||
22 | medical assistance
program of the Department of Healthcare | ||||||
23 | and Family Services (formerly Department of Public Aid) | ||||||
24 | under the Illinois Public Aid
Code.
| ||||||
25 | (26) A pattern of practice or other behavior which
| ||||||
26 | demonstrates incapacity
or incompetence to practice under |
| |||||||
| |||||||
1 | this Act.
| ||||||
2 | (27) Mental illness or disability which results in the
| ||||||
3 | inability to
practice under this Act with reasonable | ||||||
4 | judgment, skill or safety.
| ||||||
5 | (28) Physical illness, including, but not limited to,
| ||||||
6 | deterioration through
the aging process, or loss of motor | ||||||
7 | skill which results in a physician's
inability to practice | ||||||
8 | under this Act with reasonable judgment, skill or
safety.
| ||||||
9 | (29) Cheating on or attempt to subvert the licensing
| ||||||
10 | examinations
administered under this Act.
| ||||||
11 | (30) Wilfully or negligently violating the | ||||||
12 | confidentiality
between
physician and patient except as | ||||||
13 | required by law.
| ||||||
14 | (31) The use of any false, fraudulent, or deceptive | ||||||
15 | statement
in any
document connected with practice under | ||||||
16 | this Act.
| ||||||
17 | (32) Aiding and abetting an individual not licensed | ||||||
18 | under this
Act in the
practice of a profession licensed | ||||||
19 | under this Act.
| ||||||
20 | (33) Violating state or federal laws or regulations | ||||||
21 | relating
to controlled
substances.
| ||||||
22 | (34) Failure to report to the Department any adverse | ||||||
23 | final
action taken
against them by another licensing | ||||||
24 | jurisdiction (any other state or any
territory of the | ||||||
25 | United States or any foreign state or country), by any peer
| ||||||
26 | review body, by any health care institution, by any |
| |||||||
| |||||||
1 | professional society or
association related to practice | ||||||
2 | under this Act, by any governmental agency, by
any law | ||||||
3 | enforcement agency, or by any court for acts or conduct | ||||||
4 | similar to acts
or conduct which would constitute grounds | ||||||
5 | for action as defined in this
Section.
| ||||||
6 | (35) Failure to report to the Department surrender of a
| ||||||
7 | license or
authorization to practice as a medical doctor, a | ||||||
8 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
9 | doctor
of chiropractic in another state or jurisdiction, or | ||||||
10 | surrender of membership on
any medical staff or in any | ||||||
11 | medical or professional association or society,
while | ||||||
12 | under disciplinary investigation by any of those | ||||||
13 | authorities or bodies,
for acts or conduct similar to acts | ||||||
14 | or conduct which would constitute grounds
for action as | ||||||
15 | defined in this Section.
| ||||||
16 | (36) Failure to report to the Department any adverse | ||||||
17 | judgment,
settlement,
or award arising from a liability | ||||||
18 | claim related to acts or conduct similar to
acts or conduct | ||||||
19 | which would constitute grounds for action as defined in | ||||||
20 | this
Section.
| ||||||
21 | (37) Failure to provide copies of medical records as | ||||||
22 | required
by law.
| ||||||
23 | (38) Failure to furnish the Department, its | ||||||
24 | investigators or
representatives, relevant information, | ||||||
25 | legally requested by the Department
after consultation | ||||||
26 | with the Chief Medical Coordinator or the Deputy Medical
|
| |||||||
| |||||||
1 | Coordinator.
| ||||||
2 | (39) Violating the Health Care Worker Self-Referral
| ||||||
3 | Act.
| ||||||
4 | (40) Willful failure to provide notice when notice is | ||||||
5 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
6 | (41) Failure to establish and maintain records of | ||||||
7 | patient care and
treatment as required by this law.
| ||||||
8 | (42) Entering into an excessive number of written | ||||||
9 | collaborative
agreements with licensed advanced practice | ||||||
10 | nurses resulting in an inability to
adequately | ||||||
11 | collaborate.
| ||||||
12 | (43) Repeated failure to adequately collaborate with a | ||||||
13 | licensed advanced practice nurse.
| ||||||
14 | All proceedings to suspend,
revoke, place on probationary | ||||||
15 | status, or take any
other disciplinary action as the Department | ||||||
16 | may deem proper, with regard to a
license on any of the | ||||||
17 | foregoing grounds, must be commenced within 3 years next
after | ||||||
18 | receipt by the Department of a complaint alleging the | ||||||
19 | commission of or
notice of the conviction order for any of the | ||||||
20 | acts described herein. Except
for the grounds numbered (8), (9) | ||||||
21 | and (29), no action shall be commenced more
than 5 years after | ||||||
22 | the date of the incident or act alleged to have violated
this | ||||||
23 | Section. 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 |
| |||||||
| |||||||
1 | allegation that a person licensed under this Act was negligent
| ||||||
2 | in providing care, the Department shall have an additional | ||||||
3 | period of one year
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
| ||||||
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.
| ||||||
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
| ||||||
15 | practice only upon the entry of a Departmental order based upon | ||||||
16 | a finding by
the Medical 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.
| ||||||
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 |
| |||||||
| |||||||
1 | the Illinois Department of Revenue.
| ||||||
2 | The Department, upon the recommendation of the | ||||||
3 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
4 | to be used in determining:
| ||||||
5 | (a) when a person will be deemed sufficiently | ||||||
6 | rehabilitated to warrant the
public trust;
| ||||||
7 | (b) what constitutes dishonorable, unethical or | ||||||
8 | unprofessional conduct of
a character likely to deceive, | ||||||
9 | defraud, or harm the public;
| ||||||
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
| ||||||
14 | (d) what constitutes gross negligence in the practice | ||||||
15 | of medicine.
| ||||||
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.
| ||||||
19 | In enforcing this Section, the Medical Disciplinary Board,
| ||||||
20 | upon a showing of a possible violation, may compel any | ||||||
21 | individual licensed to
practice under this Act, or who has | ||||||
22 | applied for licensure or a permit
pursuant to this Act, to | ||||||
23 | submit to a mental or physical examination, or both,
as | ||||||
24 | required by and at the expense of the Department. The examining | ||||||
25 | physician
or physicians shall be those specifically designated | ||||||
26 | by the Disciplinary Board.
The Medical Disciplinary Board or |
| |||||||
| |||||||
1 | the Department may order the examining
physician to present | ||||||
2 | testimony concerning this mental or physical examination
of the | ||||||
3 | licensee or applicant. No information shall be excluded by | ||||||
4 | reason of
any common
law or statutory privilege relating to | ||||||
5 | communication between the licensee or
applicant and
the | ||||||
6 | examining physician.
The individual to be examined may have, at | ||||||
7 | his or her own expense, another
physician of his or her choice | ||||||
8 | present during all aspects of the examination.
Failure of any | ||||||
9 | individual to submit to mental or physical examination, when
| ||||||
10 | directed, shall be grounds for suspension of his or her license | ||||||
11 | until such time
as the individual submits to the examination if | ||||||
12 | the Disciplinary Board finds,
after notice and hearing, that | ||||||
13 | the refusal to submit to the examination was
without reasonable | ||||||
14 | cause. If the Disciplinary Board finds a physician unable
to | ||||||
15 | practice because of the reasons set forth in this Section, the | ||||||
16 | Disciplinary
Board shall require such physician to submit to | ||||||
17 | care, counseling, or treatment
by physicians approved or | ||||||
18 | designated by the Disciplinary Board, as a condition
for | ||||||
19 | continued, reinstated, or renewed licensure to practice. Any | ||||||
20 | physician,
whose license was granted pursuant to Sections 9, | ||||||
21 | 17, or 19 of this Act, or,
continued, reinstated, renewed, | ||||||
22 | disciplined or supervised, subject to such
terms, conditions or | ||||||
23 | restrictions who shall fail to comply with such terms,
| ||||||
24 | conditions or restrictions, or to complete a required program | ||||||
25 | of care,
counseling, or treatment, as determined by the Chief | ||||||
26 | Medical Coordinator or
Deputy Medical Coordinators, shall be |
| |||||||
| |||||||
1 | referred to the Director for a
determination as to whether the | ||||||
2 | licensee shall have their license suspended
immediately, | ||||||
3 | pending a hearing by the Disciplinary Board. In instances in
| ||||||
4 | which the Director immediately suspends a license under this | ||||||
5 | Section, a hearing
upon such person's license must be convened | ||||||
6 | by the Disciplinary Board within 15
days after such suspension | ||||||
7 | and completed without appreciable delay. The
Disciplinary | ||||||
8 | Board shall have the authority to review the subject | ||||||
9 | physician's
record of treatment and counseling regarding the | ||||||
10 | impairment, to the extent
permitted by applicable federal | ||||||
11 | statutes and regulations safeguarding the
confidentiality of | ||||||
12 | medical records.
| ||||||
13 | An individual licensed under this Act, affected under this | ||||||
14 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
15 | Disciplinary Board that they can
resume practice in compliance | ||||||
16 | with acceptable and prevailing standards under
the provisions | ||||||
17 | of their license.
| ||||||
18 | The Department may promulgate rules for the imposition of | ||||||
19 | fines in
disciplinary cases, not to exceed $5,000 for each | ||||||
20 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
21 | other forms of disciplinary action, but
shall not be the | ||||||
22 | exclusive disposition of any disciplinary action arising out
of | ||||||
23 | conduct resulting in death or injury to a patient. Any funds | ||||||
24 | collected from
such fines shall be deposited in the Medical | ||||||
25 | Disciplinary Fund.
| ||||||
26 | (B) The Department shall revoke the license or visiting
|
| |||||||
| |||||||
1 | permit of any person issued under this Act to practice medicine | ||||||
2 | or to treat
human ailments without the use of drugs and without | ||||||
3 | operative surgery, who
has been convicted a second time of | ||||||
4 | committing any felony under the
Illinois Controlled Substances | ||||||
5 | Act or the Methamphetamine Control and Community Protection | ||||||
6 | Act, or who has been convicted a second time of
committing a | ||||||
7 | Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||||||
8 | Public
Aid Code. A person whose license or visiting permit is | ||||||
9 | revoked
under
this subsection B of Section 22 of this Act shall | ||||||
10 | be prohibited from practicing
medicine or treating human | ||||||
11 | ailments without the use of drugs and without
operative | ||||||
12 | surgery.
| ||||||
13 | (C) The Medical Disciplinary Board shall recommend to the
| ||||||
14 | Department civil
penalties and any other appropriate | ||||||
15 | discipline in disciplinary cases when the
Board finds that a | ||||||
16 | physician willfully performed an abortion with actual
| ||||||
17 | knowledge that the person upon whom the abortion has been | ||||||
18 | performed is a minor
or an incompetent person without notice as | ||||||
19 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
20 | Upon the Board's recommendation, the Department shall
impose, | ||||||
21 | for the first violation, a civil penalty of $1,000 and for a | ||||||
22 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
23 | (Source: P.A. 94-566, eff. 9-11-05; 95-331, eff. 8-21-07; | ||||||
24 | 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10 .)
| ||||||
25 | Section 900. The Illinois Dental Practice Act is amended by |
| |||||||
| |||||||
1 | changing Section 23 as follows:
| ||||||
2 | (225 ILCS 25/23) (from Ch. 111, par. 2323)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
4 | Sec. 23. Refusal, revocation or suspension of dental | ||||||
5 | licenses. The
Department may refuse to issue or renew, or may | ||||||
6 | revoke, suspend, place on
probation, reprimand or take other | ||||||
7 | disciplinary action as the Department
may deem proper, | ||||||
8 | including fines not to exceed $10,000 per violation, with
| ||||||
9 | regard to any license for any one or any combination of
the | ||||||
10 | following causes:
| ||||||
11 | 1. Fraud in procuring the license.
| ||||||
12 | 2. Habitual intoxication or addiction to the use of | ||||||
13 | drugs.
| ||||||
14 | 3. Willful or repeated violations of the rules of the | ||||||
15 | Department of
Public Health or Department of Nuclear | ||||||
16 | Safety.
| ||||||
17 | 4. Acceptance of a fee for service as a witness, | ||||||
18 | without the
knowledge of the court, in addition to the fee | ||||||
19 | allowed by the court.
| ||||||
20 | 5. Division of fees or agreeing to split or divide the | ||||||
21 | fees received
for dental services with any person for | ||||||
22 | bringing or referring a patient,
except in regard to | ||||||
23 | referral services as provided for under Section 45,
or | ||||||
24 | assisting in the care or treatment of a patient,
without | ||||||
25 | the
knowledge of the patient or his legal representative. |
| |||||||
| |||||||
1 | Nothing in this item 5 affects any bona fide independent | ||||||
2 | contractor or employment arrangements among health care | ||||||
3 | professionals, health facilities, health care providers, | ||||||
4 | or other entities, except as otherwise prohibited by law. | ||||||
5 | Any employment arrangements may include provisions for | ||||||
6 | compensation, health insurance, pension, or other | ||||||
7 | employment benefits for the provision of services within | ||||||
8 | the scope of the licensee's practice under this Act. | ||||||
9 | Nothing in this item 5 shall be construed to require an | ||||||
10 | employment arrangement to receive professional fees for | ||||||
11 | services rendered.
| ||||||
12 | 6. Employing, procuring, inducing, aiding or abetting | ||||||
13 | a person not
licensed or registered as a dentist to engage | ||||||
14 | in the practice of
dentistry. The person practiced upon is | ||||||
15 | not an accomplice, employer,
procurer, inducer, aider, or | ||||||
16 | abetter within the meaning of this Act.
| ||||||
17 | 7. Making any misrepresentations or false promises, | ||||||
18 | directly or
indirectly, to influence, persuade or induce | ||||||
19 | dental patronage.
| ||||||
20 | 8. Professional connection or association with or | ||||||
21 | lending his name
to another for the illegal practice of | ||||||
22 | dentistry by another, or
professional connection or | ||||||
23 | association with any person, firm or
corporation holding | ||||||
24 | himself, herself, themselves, or itself out in any manner
| ||||||
25 | contrary to this Act.
| ||||||
26 | 9. Obtaining or seeking to obtain practice, money, or |
| |||||||
| |||||||
1 | any other
things of value by false or fraudulent | ||||||
2 | representations, but
not limited to, engaging in such | ||||||
3 | fraudulent practice to defraud the
medical assistance | ||||||
4 | program of the Department of Healthcare and Family Services | ||||||
5 | (formerly Department of Public Aid).
| ||||||
6 | 10. Practicing under a name other than his or her own.
| ||||||
7 | 11. Engaging in dishonorable,
unethical, or | ||||||
8 | unprofessional conduct of a character likely to deceive,
| ||||||
9 | defraud, or harm the public.
| ||||||
10 | 12. Conviction in this or another State of any crime | ||||||
11 | which is a
felony under the laws of this State or | ||||||
12 | conviction of a felony in a
federal court, conviction of a | ||||||
13 | misdemeanor, an essential element of which
is dishonesty, | ||||||
14 | or conviction of any crime which is directly related to the
| ||||||
15 | practice of dentistry or dental hygiene.
| ||||||
16 | 13. Permitting a dental hygienist, dental assistant or | ||||||
17 | other person
under his or her supervision to perform
any | ||||||
18 | operation not authorized by this Act.
| ||||||
19 | 14. Permitting more than 4 dental hygienists to be | ||||||
20 | employed under
his supervision at any one time.
| ||||||
21 | 15. A violation of any provision of this
Act or any | ||||||
22 | rules promulgated under this Act.
| ||||||
23 | 16. Taking impressions for or using the services of any | ||||||
24 | person, firm
or corporation violating this Act.
| ||||||
25 | 17. Violating any provision of Section 45 relating to | ||||||
26 | advertising.
|
| |||||||
| |||||||
1 | 18. Discipline by another U.S. jurisdiction or foreign | ||||||
2 | nation,
if at least one of the grounds for the discipline | ||||||
3 | is the
same or substantially equivalent to those set forth | ||||||
4 | within this Act.
| ||||||
5 | 19. Willfully failing to report an instance of | ||||||
6 | suspected child abuse or
neglect as required by the Abused | ||||||
7 | and Neglected Child Reporting
Act or an instance of torture | ||||||
8 | as required by the Torture Reporting Act .
| ||||||
9 | 20. Gross or repeated malpractice resulting in injury | ||||||
10 | or death of a patient.
| ||||||
11 | 21. The use or prescription for use of narcotics or | ||||||
12 | controlled substances
or designated products as listed in | ||||||
13 | the Illinois Controlled Substances
Act, in any way other | ||||||
14 | than for therapeutic purposes.
| ||||||
15 | 22. Willfully making or filing false records or reports | ||||||
16 | in his practice
as a dentist, including, but not limited | ||||||
17 | to, false records to support claims
against the dental | ||||||
18 | assistance program of the Department of Healthcare and | ||||||
19 | Family Services (formerly
Illinois Department of Public
| ||||||
20 | Aid).
| ||||||
21 | 23. Professional incompetence as manifested by poor | ||||||
22 | standards of care.
| ||||||
23 | 24. Physical or mental illness, including, but not | ||||||
24 | limited to,
deterioration
through
the aging process, or | ||||||
25 | loss of motor skills which results in a dentist's
inability | ||||||
26 | to practice dentistry with reasonable judgment, skill or |
| |||||||
| |||||||
1 | safety. In
enforcing this paragraph, the Department may | ||||||
2 | compel a person licensed to
practice under this Act to | ||||||
3 | submit to a mental or physical examination pursuant
to the | ||||||
4 | terms and conditions of Section 23b.
| ||||||
5 | 25. Repeated irregularities in billing a third party | ||||||
6 | for services rendered
to a patient. For purposes of this | ||||||
7 | paragraph 25, "irregularities in billing"
shall include:
| ||||||
8 | (a) Reporting excessive charges for the purpose of | ||||||
9 | obtaining a total
payment
in excess of that usually | ||||||
10 | received by the dentist for the services rendered.
| ||||||
11 | (b) Reporting charges for services not rendered.
| ||||||
12 | (c) Incorrectly reporting services rendered for | ||||||
13 | the purpose of obtaining
payment not earned.
| ||||||
14 | 26. Continuing the active practice of dentistry while | ||||||
15 | knowingly having
any infectious, communicable, or | ||||||
16 | contagious disease proscribed by rule or
regulation of the | ||||||
17 | Department.
| ||||||
18 | 27. Being named as a perpetrator in an indicated report | ||||||
19 | by the
Department of Children and Family Services pursuant | ||||||
20 | to the Abused and
Neglected Child Reporting Act, and upon
| ||||||
21 | proof by clear and convincing evidence that the licensee | ||||||
22 | has
caused a child to be an abused child or neglected child | ||||||
23 | as defined in the
Abused and Neglected Child Reporting Act.
| ||||||
24 | 28. Violating the Health Care Worker Self-Referral | ||||||
25 | Act.
| ||||||
26 | 29. Abandonment of a patient.
|
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
1 | 30. Mental incompetency as declared by a court of | ||||||||||||||||||||||||||||||||||||||||
2 | competent
jurisdiction.
| ||||||||||||||||||||||||||||||||||||||||
3 | All proceedings to suspend, revoke, place on probationary | ||||||||||||||||||||||||||||||||||||||||
4 | status, or
take any other disciplinary action as the Department | ||||||||||||||||||||||||||||||||||||||||
5 | may deem proper, with
regard to a license on any of the | ||||||||||||||||||||||||||||||||||||||||
6 | foregoing grounds, must be commenced
within 3 years after | ||||||||||||||||||||||||||||||||||||||||
7 | receipt by the Department of a complaint alleging the
| ||||||||||||||||||||||||||||||||||||||||
8 | commission of or notice of the conviction order for any of the | ||||||||||||||||||||||||||||||||||||||||
9 | acts
described herein. Except for fraud in procuring a license, | ||||||||||||||||||||||||||||||||||||||||
10 | no
action shall be commenced more than 5 years after the date | ||||||||||||||||||||||||||||||||||||||||
11 | of the incident
or act alleged to have violated this Section. | ||||||||||||||||||||||||||||||||||||||||
12 | The time during which the
holder of the license was outside the | ||||||||||||||||||||||||||||||||||||||||
13 | State of Illinois shall not be
included within any period of | ||||||||||||||||||||||||||||||||||||||||
14 | time limiting the commencement of
disciplinary action by the | ||||||||||||||||||||||||||||||||||||||||
15 | Department.
| ||||||||||||||||||||||||||||||||||||||||
16 | The Department may refuse to issue or may suspend the | ||||||||||||||||||||||||||||||||||||||||
17 | license of any
person who fails to file a return, or to pay the | ||||||||||||||||||||||||||||||||||||||||
18 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||||||||||||||||||||||||||||||||||||
19 | final assessment of tax, penalty or
interest, as required by | ||||||||||||||||||||||||||||||||||||||||
20 | any tax Act administered by the Illinois
Department of Revenue, | ||||||||||||||||||||||||||||||||||||||||
21 | until such time as the requirements of
any such tax Act are | ||||||||||||||||||||||||||||||||||||||||
22 | satisfied.
| ||||||||||||||||||||||||||||||||||||||||
23 | (Source: P.A. 96-1482, eff. 11-29-10.)
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