| ||||
| Public Act 097-0449 | ||||
| ||||
| ||||
AN ACT concerning professional regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Medical Practice Act of 1987 is amended by | ||||
changing Sections 23 and 36 as follows:
| ||||
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||
(Section scheduled to be repealed on November 30, 2011)
| ||||
(Text of Section WITH the changes made by P.A. 94-677, | ||||
which has been held
unconstitutional, and by P.A. 96-1372, | ||||
which amended language added by P.A. 94-677) | ||||
Sec. 23. Reports relating to professional conduct
and | ||||
capacity. | ||||
(A) Entities required to report.
| ||||
(1) Health care institutions. The chief administrator
| ||||
or executive officer of any health care institution | ||||
licensed
by the Illinois Department of Public Health shall | ||||
report to
the Disciplinary Board when any person's clinical | ||||
privileges
are terminated or are restricted based on a | ||||
final
determination, in accordance with that institution's | ||||
by-laws
or rules and regulations, that a person has either | ||||
committed
an act or acts which may directly threaten | ||||
patient care, and not of an
administrative nature, or that | ||||
a person may be mentally or
physically disabled in such a | ||||
manner as to endanger patients
under that person's care. | ||
Such officer also shall report if
a person accepts | ||
voluntary termination or restriction of
clinical | ||
privileges in lieu of formal action based upon conduct | ||
related
directly to patient care and
not of an | ||
administrative nature, or in lieu of formal action
seeking | ||
to determine whether a person may be mentally or
physically | ||
disabled in such a manner as to endanger patients
under | ||
that person's care. The Medical Disciplinary Board
shall, | ||
by rule, provide for the reporting to it of all
instances | ||
in which a person, licensed under this Act, who is
impaired | ||
by reason of age, drug or alcohol abuse or physical
or | ||
mental impairment, is under supervision and, where
| ||
appropriate, is in a program of rehabilitation. Such
| ||
reports shall be strictly confidential and may be reviewed
| ||
and considered only by the members of the Disciplinary
| ||
Board, or by authorized staff as provided by rules of the
| ||
Disciplinary Board. Provisions shall be made for the
| ||
periodic report of the status of any such person not less
| ||
than twice annually in order that the Disciplinary Board
| ||
shall have current information upon which to determine the
| ||
status of any such person. Such initial and periodic
| ||
reports of impaired physicians shall not be considered
| ||
records within the meaning of The State Records Act and
| ||
shall be disposed of, following a determination by the
| ||
Disciplinary Board that such reports are no longer | ||
required,
in a manner and at such time as the Disciplinary | ||
Board shall
determine by rule. The filing of such reports | ||
shall be
construed as the filing of a report for purposes | ||
of
subsection (C) of this Section.
| ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of persons
| ||
licensed under this Act, operating within this State shall
| ||
report to the Disciplinary Board when the association or
| ||
society renders a final determination that a person has
| ||
committed unprofessional conduct related directly to | ||
patient
care or that a person may be mentally or physically | ||
disabled
in such a manner as to endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
| ||
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the
| ||
Disciplinary Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Disciplinary Board all instances
| ||
in which a person licensed under this Act is convicted or
| ||
otherwise found guilty of the commission of any felony. The | ||
State's Attorney
of each county may report to the | ||
Disciplinary Board through a verified
complaint any | ||
instance in which the State's Attorney believes that a | ||
physician
has willfully violated the notice requirements | ||
of the Parental Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government | ||
of the State of Illinois shall report to the
Disciplinary | ||
Board any instance arising in connection with
the | ||
operations of such agency, including the administration
of | ||
any law by such agency, in which a person licensed under
| ||
this Act has either committed an act or acts which may be a
| ||
violation of this Act or which may constitute | ||
unprofessional
conduct related directly to patient care or | ||
which indicates
that a person licensed under this Act may | ||
be mentally or
physically disabled in such a manner as to | ||
endanger patients
under that person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Disciplinary Board in a | ||
timely
fashion. The reports shall be filed in writing within 60
| ||
days after a determination that a report is required under
this | ||
Act. All reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name and date of birth of any
patient or | ||
patients whose treatment is a subject of the
report, if | ||
available, or other means of identification if such | ||
information is not available, identification of the | ||
hospital or other
healthcare facility where the care at | ||
issue in the report was rendered,
provided, however, no | ||
medical records may be
revealed.
| ||
(4) A brief description of the facts which gave rise
to | ||
the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
| ||
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Disciplinary Board or Department may also exercise the | ||
power under Section
38 of this Act to subpoena copies of | ||
hospital or medical records in mandatory
report cases alleging | ||
death or permanent bodily injury. Appropriate
rules shall be | ||
adopted by the Department with the approval of the Disciplinary
| ||
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to in any
way, | ||
waive or modify the confidentiality of medical reports
and | ||
committee reports to the extent provided by law. Any
| ||
information reported or disclosed shall be kept for the
| ||
confidential use of the Disciplinary Board, the Medical
| ||
Coordinators, the Disciplinary Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure, except that the | ||
Department may disclose information and documents to a federal, | ||
State, or local law enforcement agency pursuant to a subpoena | ||
in an ongoing criminal investigation or to a health care | ||
licensing body of this State or another state or jurisdiction | ||
pursuant to an official request made by that licensing body. | ||
Furthermore, information and documents disclosed to a federal, | ||
State, or local law enforcement agency may be used by that | ||
agency only for the investigation and prosecution of a criminal | ||
offense, or, in the case of disclosure to a health care | ||
licensing body, only for investigations and disciplinary | ||
action proceedings with regard to a license. Information and | ||
documents disclosed to the Department of Public Health may be | ||
used by that Department only for investigation and disciplinary | ||
action regarding the license of a health care institution | ||
licensed by the Department of Public Health.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
| ||
wanton manner, in complying with this Act by providing any
| ||
report or other information to the Disciplinary Board or a peer | ||
review committee, or
assisting in the investigation or | ||
preparation of such
information, or by voluntarily reporting to | ||
the Disciplinary Board
or a peer review committee information | ||
regarding alleged errors or negligence by a person licensed | ||
under this Act, or by participating in proceedings of the
| ||
Disciplinary Board or a peer review committee, or by serving as | ||
a member of the
Disciplinary Board or a peer review committee, | ||
shall not, as a result of such actions,
be subject to criminal | ||
prosecution or civil damages.
| ||
(D) Indemnification. Members of the Disciplinary
Board, | ||
the Medical Coordinators, the Disciplinary Board's
attorneys, | ||
the medical investigative staff, physicians
retained under | ||
contract to assist and advise the medical
coordinators in the | ||
investigation, and authorized clerical
staff shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on the Disciplinary
Board, done in good faith | ||
and not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
| ||
approval by the Attorney General, unless there is a
| ||
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Disciplinary Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Disciplinary Board. Upon the
receipt | ||
of any report called for by this Act, other than
those reports | ||
of impaired persons licensed under this Act
required pursuant | ||
to the rules of the Disciplinary Board,
the Disciplinary Board | ||
shall notify in writing, by certified
mail, the person who is | ||
the subject of the report. Such
notification shall be made | ||
within 30 days of receipt by the
Disciplinary Board of the | ||
report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the | ||
amending of the
report previously filed. The person who is the | ||
subject of the report shall also submit with the written | ||
statement any medical records related to the report. The | ||
statement and accompanying medical records shall become a
| ||
permanent part of the file and must be received by the
| ||
Disciplinary Board no more than
30 days after the date on
which | ||
the person was notified by the Disciplinary Board of the | ||
existence of
the
original report.
| ||
The Disciplinary Board shall review all reports
received by | ||
it, together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of reports. | ||
The review by the Disciplinary Board
shall be in a timely | ||
manner but in no event, shall the
Disciplinary Board's initial | ||
review of the material
contained in each disciplinary file be | ||
less than 61 days nor
more than 180 days after the receipt of | ||
the initial report
by the Disciplinary Board.
| ||
When the Disciplinary Board makes its initial review of
the | ||
materials contained within its disciplinary files, the
| ||
Disciplinary Board shall, in writing, make a determination
as | ||
to whether there are sufficient facts to warrant further
| ||
investigation or action. Failure to make such determination
| ||
within the time provided shall be deemed to be a
determination | ||
that there are not sufficient facts to warrant
further | ||
investigation or action.
| ||
Should the Disciplinary Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, | ||
the report shall be accepted for filing and the
matter shall be | ||
deemed closed and so reported to the Secretary. The Secretary
| ||
shall then have 30 days to accept the Medical Disciplinary | ||
Board's decision or
request further investigation. The | ||
Secretary shall inform the Board in writing
of the decision to | ||
request further investigation, including the specific
reasons | ||
for the decision. The
individual or entity filing the original | ||
report or complaint
and the person who is the subject of the | ||
report or complaint
shall be notified in writing by the | ||
Secretary of
any final action on their report or complaint. The | ||
Department shall disclose to the individual or entity who filed | ||
the original report or complaint, on request, the status of the | ||
Disciplinary Board's review of a specific report or complaint. | ||
Such request may be made at any time, including prior to the | ||
Disciplinary Board's determination as to whether there are | ||
sufficient facts to warrant further investigation or action.
| ||
(F) Summary reports. The Disciplinary Board shall
prepare, | ||
on a timely basis, but in no event less than once
every other | ||
month, a summary report of final actions taken
upon | ||
disciplinary files maintained by the Disciplinary Board.
The | ||
summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's Internet website.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or for | ||
an order enforcing compliance with this Section.
Upon filing of | ||
a verified petition in such court, the court
may issue a | ||
temporary restraining order without notice or
bond and may | ||
preliminarily or permanently enjoin such
violation, and if it | ||
is established that such person has
violated or is violating | ||
the injunction, the court may
punish the offender for contempt | ||
of court. Proceedings
under this paragraph shall be in addition | ||
to, and not in
lieu of, all other remedies and penalties | ||
provided for by
this Section.
| ||
(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07; | ||
96-1372, eff. 7-29-10.)
| ||
(Text of Section WITHOUT the changes made by P.A. 94-677, | ||
which has been held
unconstitutional, and by P.A. 96-1372, | ||
which amended language added by P.A. 94-677) | ||
Sec. 23. Reports relating to professional conduct
and | ||
capacity. | ||
(A) Entities required to report.
| ||
(1) Health care institutions. The chief administrator
| ||
or executive officer of any health care institution | ||
licensed
by the Illinois Department of Public Health shall | ||
report to
the Disciplinary Board when any person's clinical | ||
privileges
are terminated or are restricted based on a | ||
final
determination, in accordance with that institution's | ||
by-laws
or rules and regulations, that a person has either | ||
committed
an act or acts which may directly threaten | ||
patient care, and not of an
administrative nature, or that | ||
a person may be mentally or
physically disabled in such a | ||
manner as to endanger patients
under that person's care. | ||
Such officer also shall report if
a person accepts | ||
voluntary termination or restriction of
clinical | ||
privileges in lieu of formal action based upon conduct | ||
related
directly to patient care and
not of an | ||
administrative nature, or in lieu of formal action
seeking | ||
to determine whether a person may be mentally or
physically | ||
disabled in such a manner as to endanger patients
under | ||
that person's care. The Medical Disciplinary Board
shall, | ||
by rule, provide for the reporting to it of all
instances | ||
in which a person, licensed under this Act, who is
impaired | ||
by reason of age, drug or alcohol abuse or physical
or | ||
mental impairment, is under supervision and, where
| ||
appropriate, is in a program of rehabilitation. Such
| ||
reports shall be strictly confidential and may be reviewed
| ||
and considered only by the members of the Disciplinary
| ||
Board, or by authorized staff as provided by rules of the
| ||
Disciplinary Board. Provisions shall be made for the
| ||
periodic report of the status of any such person not less
| ||
than twice annually in order that the Disciplinary Board
| ||
shall have current information upon which to determine the
| ||
status of any such person. Such initial and periodic
| ||
reports of impaired physicians shall not be considered
| ||
records within the meaning of The State Records Act and
| ||
shall be disposed of, following a determination by the
| ||
Disciplinary Board that such reports are no longer | ||
required,
in a manner and at such time as the Disciplinary | ||
Board shall
determine by rule. The filing of such reports | ||
shall be
construed as the filing of a report for purposes | ||
of
subsection (C) of this Section.
| ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of persons
| ||
licensed under this Act, operating within this State shall
| ||
report to the Disciplinary Board when the association or
| ||
society renders a final determination that a person has
| ||
committed unprofessional conduct related directly to | ||
patient
care or that a person may be mentally or physically | ||
disabled
in such a manner as to endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
| ||
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the
| ||
Disciplinary Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Disciplinary Board all instances
| ||
in which a person licensed under this Act is convicted or
| ||
otherwise found guilty of the commission of any felony. The | ||
State's Attorney
of each county may report to the | ||
Disciplinary Board through a verified
complaint any | ||
instance in which the State's Attorney believes that a | ||
physician
has willfully violated the notice requirements | ||
of the Parental Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government | ||
of the State of Illinois shall report to the
Disciplinary | ||
Board any instance arising in connection with
the | ||
operations of such agency, including the administration
of | ||
any law by such agency, in which a person licensed under
| ||
this Act has either committed an act or acts which may be a
| ||
violation of this Act or which may constitute | ||
unprofessional
conduct related directly to patient care or | ||
which indicates
that a person licensed under this Act may | ||
be mentally or
physically disabled in such a manner as to | ||
endanger patients
under that person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Disciplinary Board in a | ||
timely
fashion. The reports shall be filed in writing within 60
| ||
days after a determination that a report is required under
this | ||
Act. All reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name or other means of identification of any
| ||
patient or patients whose treatment is a subject of the
| ||
report, provided, however, no medical records may be
| ||
revealed without the written consent of the patient or
| ||
patients.
| ||
(4) A brief description of the facts which gave rise
to | ||
the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
| ||
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Department shall have the right to inform patients of | ||
the right to
provide written consent for the Department to | ||
obtain copies of hospital and
medical records. The Disciplinary | ||
Board or Department may exercise the power under Section
38 of | ||
this Act to subpoena copies of hospital or medical records in | ||
mandatory
report cases alleging death or permanent bodily | ||
injury when consent to obtain
records is not provided by a | ||
patient or legal representative. Appropriate
rules shall be | ||
adopted by the Department with the approval of the Disciplinary
| ||
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to in any
way, | ||
waive or modify the confidentiality of medical reports
and | ||
committee reports to the extent provided by law. Any
| ||
information reported or disclosed shall be kept for the
| ||
confidential use of the Disciplinary Board, the Medical
| ||
Coordinators, the Disciplinary Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
| ||
wanton manner, in complying with this Act by providing any
| ||
report or other information to the Disciplinary Board, or
| ||
assisting in the investigation or preparation of such
| ||
information, or by participating in proceedings of the
| ||
Disciplinary Board, or by serving as a member of the
| ||
Disciplinary Board, shall not, as a result of such actions,
be | ||
subject to criminal prosecution or civil damages.
| ||
(D) Indemnification. Members of the Disciplinary
Board, | ||
the Medical Coordinators, the Disciplinary Board's
attorneys, | ||
the medical investigative staff, physicians
retained under | ||
contract to assist and advise the medical
coordinators in the | ||
investigation, and authorized clerical
staff shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on the Disciplinary
Board, done in good faith | ||
and not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
| ||
approval by the Attorney General, unless there is a
| ||
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Disciplinary Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Disciplinary Board. Upon the
receipt | ||
of any report called for by this Act, other than
those reports | ||
of impaired persons licensed under this Act
required pursuant | ||
to the rules of the Disciplinary Board,
the Disciplinary Board | ||
shall notify in writing, by certified
mail, the person who is | ||
the subject of the report. Such
notification shall be made | ||
within 30 days of receipt by the
Disciplinary Board of the | ||
report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the | ||
amending of the
report previously filed. The statement shall | ||
become a
permanent part of the file and must be received by the
| ||
Disciplinary Board no more than
60 days after the date on
which | ||
the person was notified by the Disciplinary Board of the | ||
existence of
the
original report.
| ||
The Disciplinary Board shall review all reports
received by | ||
it, together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of reports. | ||
The review by the Disciplinary Board
shall be in a timely | ||
manner but in no event, shall the
Disciplinary Board's initial | ||
review of the material
contained in each disciplinary file be | ||
less than 61 days nor
more than 180 days after the receipt of | ||
the initial report
by the Disciplinary Board.
| ||
When the Disciplinary Board makes its initial review of
the | ||
materials contained within its disciplinary files, the
| ||
Disciplinary Board shall, in writing, make a determination
as | ||
to whether there are sufficient facts to warrant further
| ||
investigation or action. Failure to make such determination
| ||
within the time provided shall be deemed to be a
determination | ||
that there are not sufficient facts to warrant
further | ||
investigation or action.
| ||
Should the Disciplinary Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, | ||
the report shall be accepted for filing and the
matter shall be | ||
deemed closed and so reported to the Director. The Director
| ||
shall then have 30 days to accept the Medical Disciplinary | ||
Board's decision or
request further investigation. The | ||
Director shall inform the Board in writing
of the decision to | ||
request further investigation, including the specific
reasons | ||
for the decision. The
individual or entity filing the original | ||
report or complaint
and the person who is the subject of the | ||
report or complaint
shall be notified in writing by the | ||
Director of
any final action on their report or complaint. The | ||
Department shall disclose to the individual or entity who filed | ||
the original report or complaint, on request, the status of the | ||
Disciplinary Board's review of a specific report or complaint. | ||
Such request may be made at any time, including prior to the | ||
Disciplinary Board's determination as to whether there are | ||
sufficient facts to warrant further investigation or action.
| ||
(F) Summary reports. The Disciplinary Board shall
prepare, | ||
on a timely basis, but in no event less than once
every other | ||
month, a summary report of final actions taken
upon | ||
disciplinary files maintained by the Disciplinary Board.
The | ||
summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's Internet website.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or for | ||
an order enforcing compliance with this Section.
Upon filing of | ||
a verified petition in such court, the court
may issue a | ||
temporary restraining order without notice or
bond and may | ||
preliminarily or permanently enjoin such
violation, and if it | ||
is established that such person has
violated or is violating | ||
the injunction, the court may
punish the offender for contempt | ||
of court. Proceedings
under this paragraph shall be in addition | ||
to, and not in
lieu of, all other remedies and penalties | ||
provided for by
this Section.
| ||
(Source: P.A. 95-639, eff. 10-5-07.)
| ||
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
| ||
(Section scheduled to be repealed on November 30, 2011)
| ||
(Text of Section WITH the changes made by P.A. 94-677, | ||
which has been held
unconstitutional, and by P.A. 96-1372, | ||
which amended language added by P.A. 94-677) | ||
Sec. 36. Upon the motion of either the Department
or the | ||
Disciplinary Board or upon the verified complaint in
writing of | ||
any person setting forth facts which, if proven,
would | ||
constitute grounds for suspension or revocation under
Section | ||
22 of this Act, the Department shall investigate the
actions of | ||
any person, so accused, who holds or represents
that they hold | ||
a license. Such person is hereinafter called
the accused.
| ||
The Department shall, before suspending, revoking,
placing | ||
on probationary status, or taking any other
disciplinary action | ||
as the Department may deem proper with
regard to any license at | ||
least 30 days prior to the date set
for the hearing, notify the | ||
accused in writing of any
charges made and the time and place | ||
for a hearing of the
charges before the Disciplinary Board, | ||
direct them to file
their written answer thereto to the | ||
Disciplinary Board under
oath within 20 days after the service | ||
on them of such notice
and inform them that if they fail to | ||
file such answer
default will be taken against them and their | ||
license may be
suspended, revoked, placed on probationary | ||
status, or have
other disciplinary action, including limiting | ||
the scope,
nature or extent of their practice, as the | ||
Department may
deem proper taken with regard thereto. The | ||
Department shall, at least 14 days prior to the date set for | ||
the hearing, notify in writing any person who filed a complaint | ||
against the accused of the time and place for the hearing of | ||
the charges against the accused before the Disciplinary Board | ||
and inform such person whether he or she may provide testimony | ||
at the hearing.
| ||
Where a physician has been found, upon complaint and
| ||
investigation of the Department, and after hearing, to have
| ||
performed an abortion procedure in a wilful and wanton
manner | ||
upon a woman who was not pregnant at the time such
abortion | ||
procedure was performed, the Department shall
automatically | ||
revoke the license of such physician to
practice medicine in | ||
Illinois.
| ||
Such written notice and any notice in such proceedings
| ||
thereafter may be served by delivery of the same,
personally, | ||
to the accused person, or by mailing the same by
registered or | ||
certified mail to the address last theretofore
specified by the | ||
accused in their last notification to the
Department.
| ||
All information gathered by the Department during its | ||
investigation
including information subpoenaed
under Section | ||
23 or 38 of this Act and the investigative file shall be kept | ||
for
the confidential use of the Secretary, Disciplinary Board, | ||
the Medical
Coordinators, persons employed by contract to | ||
advise the Medical Coordinator or
the Department, the
| ||
Disciplinary Board's attorneys, the medical investigative | ||
staff, and authorized
clerical staff, as provided in this Act | ||
and shall be afforded the same status
as is provided | ||
information concerning medical studies in Part 21 of Article
| ||
VIII of the Code of Civil Procedure, except that the Department | ||
may disclose information and documents to a federal, State, or | ||
local law enforcement agency pursuant to a subpoena in an | ||
ongoing criminal investigation to a health care licensing body | ||
of this State or another state or jurisdiction pursuant to an | ||
official request made by that licensing body. Furthermore, | ||
information and documents disclosed to a federal, State, or | ||
local law enforcement agency may be used by that agency only | ||
for the investigation and prosecution of a criminal offense or, | ||
in the case of disclosure to a health care licensing body, only | ||
for investigations and disciplinary action proceedings with | ||
regard to a license issued by that licensing body.
| ||
(Source: P.A. 94-677, eff. 8-25-05; 96-1372, eff. 7-29-10.)
| ||
(Text of Section WITHOUT the changes made by P.A. 94-677, | ||
which has been held
unconstitutional, and by P.A. 96-1372, | ||
which amended language added by P.A. 94-677) | ||
Sec. 36. Upon the motion of either the Department
or the | ||
Disciplinary Board or upon the verified complaint in
writing of | ||
any person setting forth facts which, if proven,
would | ||
constitute grounds for suspension or revocation under
Section | ||
22 of this Act, the Department shall investigate the
actions of | ||
any person, so accused, who holds or represents
that they hold | ||
a license. Such person is hereinafter called
the accused.
| ||
The Department shall, before suspending, revoking,
placing | ||
on probationary status, or taking any other
disciplinary action | ||
as the Department may deem proper with
regard to any license at | ||
least 30 days prior to the date set
for the hearing, notify the | ||
accused in writing of any
charges made and the time and place | ||
for a hearing of the
charges before the Disciplinary Board, | ||
direct them to file
their written answer thereto to the | ||
Disciplinary Board under
oath within 20 days after the service | ||
on them of such notice
and inform them that if they fail to | ||
file such answer
default will be taken against them and their | ||
license may be
suspended, revoked, placed on probationary | ||
status, or have
other disciplinary action, including limiting | ||
the scope,
nature or extent of their practice, as the | ||
Department may
deem proper taken with regard thereto. The | ||
Department shall, at least 14 days prior to the date set for | ||
the hearing, notify in writing any person who filed a complaint | ||
against the accused of the time and place for the hearing of | ||
the charges against the accused before the Disciplinary Board | ||
and inform such person whether he or she may provide testimony | ||
at the hearing.
| ||
Where a physician has been found, upon complaint and
| ||
investigation of the Department, and after hearing, to have
| ||
performed an abortion procedure in a wilful and wanton
manner | ||
upon a woman who was not pregnant at the time such
abortion | ||
procedure was performed, the Department shall
automatically | ||
revoke the license of such physician to
practice medicine in | ||
Illinois.
| ||
Such written notice and any notice in such proceedings
| ||
thereafter may be served by delivery of the same,
personally, | ||
to the accused person, or by mailing the same by
registered or | ||
certified mail to the address last theretofore
specified by the | ||
accused in their last notification to the
Department.
| ||
All information gathered by the Department during its | ||
investigation
including information subpoenaed
under Section | ||
23 or 38 of this Act and the investigative file shall be kept | ||
for
the confidential use of the Director, Disciplinary Board, | ||
the Medical
Coordinators, persons employed by contract to | ||
advise the Medical Coordinator or
the Department, the
| ||
Disciplinary Board's attorneys, the medical investigative | ||
staff, and authorized
clerical staff, as provided in this Act | ||
and shall be afforded the same status
as is provided | ||
information concerning medical studies in Part 21 of Article
| ||
VIII of the Code of Civil Procedure.
| ||
(Source: P.A. 90-699, eff. 1-1-99.)
| ||