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91_HB0143
LRB9100068SMpk
1 AN ACT concerning health care for women.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by
5 adding Section 11.4 as follows:
6 (210 ILCS 85/11.4 new)
7 Sec. 11.4. Uniform standards of obstetrical care
8 regardless of source of or ability to pay.
9 (a) No hospital may promulgate policies or implement
10 practices that determine differing standards of obstetrical
11 care based upon a patient's source of payment or ability to
12 pay for medical services.
13 (b) Each hospital shall provide the Department of Public
14 Health with a written policy statement reflecting subsection
15 (a) and shall post written notices of this policy in the
16 obstetrical admitting areas of the hospital by July 1, 1999.
17 Notices posted pursuant to this Section shall be posted in
18 the predominant language or languages spoken in the
19 hospital's service area.
20 Section 10. The Medical Practice Act of 1987 is amended
21 by changing Section 22 as follows:
22 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
23 Sec. 22. Disciplinary action.
24 (A) The Department may revoke, suspend, place on
25 probationary status, or take any other disciplinary action as
26 the Department may deem proper with regard to the license or
27 visiting professor permit of any person issued under this Act
28 to practice medicine, or to treat human ailments without the
29 use of drugs and without operative surgery upon any of the
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1 following grounds:
2 (1) Performance of an elective abortion in any
3 place, locale, facility, or institution other than:
4 (a) a facility licensed pursuant to the
5 Ambulatory Surgical Treatment Center Act;
6 (b) an institution licensed under the Hospital
7 Licensing Act; or
8 (c) an ambulatory surgical treatment center or
9 hospitalization or care facility maintained by the
10 State or any agency thereof, where such department
11 or agency has authority under law to establish and
12 enforce standards for the ambulatory surgical
13 treatment centers, hospitalization, or care
14 facilities under its management and control; or
15 (d) ambulatory surgical treatment centers,
16 hospitalization or care facilities maintained by the
17 Federal Government; or
18 (e) ambulatory surgical treatment centers,
19 hospitalization or care facilities maintained by any
20 university or college established under the laws of
21 this State and supported principally by public funds
22 raised by taxation.
23 (2) Performance of an abortion procedure in a
24 wilful and wanton manner on a woman who was not pregnant
25 at the time the abortion procedure was performed.
26 (3) The conviction of a felony in this or any other
27 jurisdiction, except as otherwise provided in subsection
28 B of this Section, whether or not related to practice
29 under this Act, or the entry of a guilty or nolo
30 contendere plea to a felony charge.
31 (4) Gross negligence in practice under this Act.
32 (5) Engaging in dishonorable, unethical or
33 unprofessional conduct of a character likely to deceive,
34 defraud or harm the public.
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1 (6) Obtaining any fee by fraud, deceit, or
2 misrepresentation.
3 (7) Habitual or excessive use or abuse of drugs
4 defined in law as controlled substances, of alcohol, or
5 of any other substances which results in the inability to
6 practice with reasonable judgment, skill or safety.
7 (8) Practicing under a false or, except as provided
8 by law, an assumed name.
9 (9) Fraud or misrepresentation in applying for, or
10 procuring, a license under this Act or in connection with
11 applying for renewal of a license under this Act.
12 (10) Making a false or misleading statement
13 regarding their skill or the efficacy or value of the
14 medicine, treatment, or remedy prescribed by them at
15 their direction in the treatment of any disease or other
16 condition of the body or mind.
17 (11) Allowing another person or organization to use
18 their license, procured under this Act, to practice.
19 (12) Disciplinary action of another state or
20 jurisdiction against a license or other authorization to
21 practice as a medical doctor, doctor of osteopathy,
22 doctor of osteopathic medicine or doctor of chiropractic,
23 a certified copy of the record of the action taken by the
24 other state or jurisdiction being prima facie evidence
25 thereof.
26 (13) Violation of any provision of this Act or of
27 the Medical Practice Act prior to the repeal of that Act,
28 or violation of the rules, or a final administrative
29 action of the Director, after consideration of the
30 recommendation of the Disciplinary Board.
31 (14) Dividing with anyone other than physicians
32 with whom the licensee practices in a partnership,
33 Professional Association, limited liability company, or
34 Medical or Professional Corporation any fee, commission,
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1 rebate or other form of compensation for any professional
2 services not actually and personally rendered. Nothing
3 contained in this subsection prohibits persons holding
4 valid and current licenses under this Act from practicing
5 medicine in partnership under a partnership agreement,
6 including a limited liability partnership, in a limited
7 liability company under the Limited Liability Company
8 Act, in a corporation authorized by the Medical
9 Corporation Act, as an association authorized by the
10 Professional Association Act, or in a corporation under
11 the Professional Corporation Act or from pooling,
12 sharing, dividing or apportioning the fees and monies
13 received by them or by the partnership, corporation or
14 association in accordance with the partnership agreement
15 or the policies of the Board of Directors of the
16 corporation or association. Nothing contained in this
17 subsection prohibits 2 or more corporations authorized by
18 the Medical Corporation Act, from forming a partnership
19 or joint venture of such corporations, and providing
20 medical, surgical and scientific research and knowledge
21 by employees of these corporations if such employees are
22 licensed under this Act, or from pooling, sharing,
23 dividing, or apportioning the fees and monies received by
24 the partnership or joint venture in accordance with the
25 partnership or joint venture agreement. Nothing
26 contained in this subsection shall abrogate the right of
27 2 or more persons, holding valid and current licenses
28 under this Act, to each receive adequate compensation for
29 concurrently rendering professional services to a patient
30 and divide a fee; provided, the patient has full
31 knowledge of the division, and, provided, that the
32 division is made in proportion to the services performed
33 and responsibility assumed by each.
34 (15) A finding by the Medical Disciplinary Board
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1 that the registrant after having his or her license
2 placed on probationary status or subjected to conditions
3 or restrictions violated the terms of the probation or
4 failed to comply with such terms or conditions.
5 (16) Abandonment of a patient.
6 (17) Prescribing, selling, administering,
7 distributing, giving or self-administering any drug
8 classified as a controlled substance (designated product)
9 or narcotic for other than medically accepted therapeutic
10 purposes.
11 (18) Promotion of the sale of drugs, devices,
12 appliances or goods provided for a patient in such manner
13 as to exploit the patient for financial gain of the
14 physician.
15 (19) Offering, undertaking or agreeing to cure or
16 treat disease by a secret method, procedure, treatment or
17 medicine, or the treating, operating or prescribing for
18 any human condition by a method, means or procedure which
19 the licensee refuses to divulge upon demand of the
20 Department.
21 (20) Immoral conduct in the commission of any act
22 including, but not limited to, commission of an act of
23 sexual misconduct related to the licensee's practice.
24 (21) Wilfully making or filing false records or
25 reports in his or her practice as a physician, including,
26 but not limited to, false records to support claims
27 against the medical assistance program of the Department
28 of Public Aid under the Illinois Public Aid Code.
29 (22) Wilful omission to file or record, or wilfully
30 impeding the filing or recording, or inducing another
31 person to omit to file or record, medical reports as
32 required by law, or wilfully failing to report an
33 instance of suspected abuse or neglect as required by
34 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.
8 (24) Solicitation of professional patronage by any
9 corporation, agents or persons, or profiting from those
10 representing themselves to be agents of the licensee.
11 (25) Gross and wilful and continued overcharging
12 for professional services, including filing false
13 statements for collection of fees for which services are
14 not rendered, including, but not limited to, filing such
15 false statements for collection of monies for services
16 not rendered from the medical assistance program of the
17 Department of Public Aid under the Illinois Public Aid
18 Code.
19 (26) A pattern of practice or other behavior which
20 demonstrates incapacity or incompetence to practice under
21 this Act.
22 (27) Mental illness or disability which results in
23 the inability to practice under this Act with reasonable
24 judgment, skill or safety.
25 (28) Physical illness, including, but not limited
26 to, deterioration through the aging process, or loss of
27 motor skill which results in a physician's inability to
28 practice under this Act with reasonable judgment, skill
29 or safety.
30 (29) Cheating on or attempt to subvert the
31 licensing examinations administered under this Act.
32 (30) Wilfully or negligently violating the
33 confidentiality between physician and patient except as
34 required by law.
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1 (31) The use of any false, fraudulent, or deceptive
2 statement in any document connected with practice under
3 this Act.
4 (32) Aiding and abetting an individual not licensed
5 under this Act in the practice of a profession licensed
6 under this Act.
7 (33) Violating state or federal laws or regulations
8 relating to controlled substances.
9 (34) Failure to report to the Department any
10 adverse final action taken against them by another
11 licensing jurisdiction (any other state or any territory
12 of the United States or any foreign state or country), by
13 any peer review body, by any health care institution, by
14 any professional society or association related to
15 practice under this Act, by any governmental agency, by
16 any law enforcement agency, or by any court for acts or
17 conduct similar to acts or conduct which would constitute
18 grounds for action as defined in this Section.
19 (35) Failure to report to the Department surrender
20 of a license or authorization to practice as a medical
21 doctor, a doctor of osteopathy, a doctor of osteopathic
22 medicine, or doctor of chiropractic in another state or
23 jurisdiction, or surrender of membership on any medical
24 staff or in any medical or professional association or
25 society, while under disciplinary investigation by any of
26 those authorities or bodies, for acts or conduct similar
27 to acts or conduct which would constitute grounds for
28 action as defined in this Section.
29 (36) Failure to report to the Department any
30 adverse judgment, settlement, or award arising from a
31 liability claim related to acts or conduct similar to
32 acts or conduct which would constitute grounds for action
33 as defined in this Section.
34 (37) Failure to transfer copies of medical records
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1 as required by law.
2 (38) Failure to furnish the Department, its
3 investigators or representatives, relevant information,
4 legally requested by the Department after consultation
5 with the Chief Medical Coordinator or the Deputy Medical
6 Coordinator.
7 (39) Violating the Health Care Worker Self-Referral
8 Act.
9 (40) Willful failure to provide notice when notice
10 is required under the Parental Notice of Abortion Act of
11 1995.
12 (41) Failure to establish and maintain records of
13 patient care and treatment as required by this law.
14 (42) Entering into an excessive number of written
15 collaborative agreements with licensed advanced practice
16 nurses resulting in an inability to adequately
17 collaborate and provide medical direction.
18 (43) Repeated failure to adequately collaborate
19 with or provide medical direction to a licensed advanced
20 practice nurse.
21 (44) Denying or threatening to withhold pain
22 management services from a woman in active labor, based
23 upon that patient's source of payment or ability to pay
24 for medical services.
25 All proceedings to suspend, revoke, place on probationary
26 status, or take any other disciplinary action as the
27 Department may deem proper, with regard to a license on any
28 of the foregoing grounds, must be commenced within 3 years
29 next after receipt by the Department of a complaint alleging
30 the commission of or notice of the conviction order for any
31 of the acts described herein. Except for the grounds
32 numbered (8), (9) and (29), no action shall be commenced more
33 than 5 years after the date of the incident or act alleged to
34 have violated this Section. In the event of the settlement
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1 of any claim or cause of action in favor of the claimant or
2 the reduction to final judgment of any civil action in favor
3 of the plaintiff, such claim, cause of action or civil action
4 being grounded on the allegation that a person licensed under
5 this Act was negligent in providing care, the Department
6 shall have an additional period of one year from the date of
7 notification to the Department under Section 23 of this Act
8 of such settlement or final judgment in which to investigate
9 and commence formal disciplinary proceedings under Section 36
10 of this Act, except as otherwise provided by law. The time
11 during which the holder of the license was outside the State
12 of Illinois shall not be included within any period of time
13 limiting the commencement of disciplinary action by the
14 Department.
15 The entry of an order or judgment by any circuit court
16 establishing that any person holding a license under this Act
17 is a person in need of mental treatment operates as a
18 suspension of that license. That person may resume their
19 practice only upon the entry of a Departmental order based
20 upon a finding by the Medical Disciplinary Board that they
21 have been determined to be recovered from mental illness by
22 the court and upon the Disciplinary Board's recommendation
23 that they be permitted to resume their practice.
24 The Department may refuse to issue or take disciplinary
25 action concerning the license of any person who fails to file
26 a return, or to pay the tax, penalty or interest shown in a
27 filed return, or to pay any final assessment of tax, penalty
28 or interest, as required by any tax Act administered by the
29 Illinois Department of Revenue, until such time as the
30 requirements of any such tax Act are satisfied as determined
31 by the Illinois Department of Revenue.
32 The Department, upon the recommendation of the
33 Disciplinary Board, shall adopt rules which set forth
34 standards to be used in determining:
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1 (a) when a person will be deemed sufficiently
2 rehabilitated to warrant the public trust;
3 (b) what constitutes dishonorable, unethical or
4 unprofessional conduct of a character likely to deceive,
5 defraud, or harm the public;
6 (c) what constitutes immoral conduct in the
7 commission of any act, including, but not limited to,
8 commission of an act of sexual misconduct related to the
9 licensee's practice; and
10 (d) what constitutes gross negligence in the
11 practice of medicine.
12 However, no such rule shall be admissible into evidence
13 in any civil action except for review of a licensing or other
14 disciplinary action under this Act.
15 In enforcing this Section, the Medical Disciplinary
16 Board, upon a showing of a possible violation, may compel any
17 individual licensed to practice under this Act, or who has
18 applied for licensure or a permit pursuant to this Act, to
19 submit to a mental or physical examination, or both, as
20 required by and at the expense of the Department. The
21 examining physician or physicians shall be those specifically
22 designated by the Disciplinary Board. The Medical
23 Disciplinary Board or the Department may order the examining
24 physician to present testimony concerning this mental or
25 physical examination of the licensee or applicant. No
26 information shall be excluded by reason of any common law or
27 statutory privilege relating to communication between the
28 licensee or applicant and the examining physician. The
29 individual to be examined may have, at his or her own
30 expense, another physician of his or her choice present
31 during all aspects of the examination. Failure of any
32 individual to submit to mental or physical examination, when
33 directed, shall be grounds for suspension of his or her
34 license until such time as the individual submits to the
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1 examination if the Disciplinary Board finds, after notice and
2 hearing, that the refusal to submit to the examination was
3 without reasonable cause. If the Disciplinary Board finds a
4 physician unable to practice because of the reasons set forth
5 in this Section, the Disciplinary Board shall require such
6 physician to submit to care, counseling, or treatment by
7 physicians approved or designated by the Disciplinary Board,
8 as a condition for continued, reinstated, or renewed
9 licensure to practice. Any physician, whose license was
10 granted pursuant to Sections 9, 17, or 19 of this Act, or,
11 continued, reinstated, renewed, disciplined or supervised,
12 subject to such terms, conditions or restrictions who shall
13 fail to comply with such terms, conditions or restrictions,
14 or to complete a required program of care, counseling, or
15 treatment, as determined by the Chief Medical Coordinator or
16 Deputy Medical Coordinators, shall be referred to the
17 Director for a determination as to whether the licensee shall
18 have their license suspended immediately, pending a hearing
19 by the Disciplinary Board. In instances in which the
20 Director immediately suspends a license under this Section, a
21 hearing upon such person's license must be convened by the
22 Disciplinary Board within 15 days after such suspension and
23 completed without appreciable delay. The Disciplinary Board
24 shall have the authority to review the subject physician's
25 record of treatment and counseling regarding the impairment,
26 to the extent permitted by applicable federal statutes and
27 regulations safeguarding the confidentiality of medical
28 records.
29 An individual licensed under this Act, affected under
30 this Section, shall be afforded an opportunity to demonstrate
31 to the Disciplinary Board that they can resume practice in
32 compliance with acceptable and prevailing standards under the
33 provisions of their license.
34 The Department may promulgate rules for the imposition of
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1 fines in disciplinary cases, not to exceed $5,000 for each
2 violation of this Act. Fines may be imposed in conjunction
3 with other forms of disciplinary action, but shall not be the
4 exclusive disposition of any disciplinary action arising out
5 of conduct resulting in death or injury to a patient. Any
6 funds collected from such fines shall be deposited in the
7 Medical Disciplinary Fund.
8 (B) The Department shall revoke the license or visiting
9 permit of any person issued under this Act to practice
10 medicine or to treat human ailments without the use of drugs
11 and without operative surgery, who has been convicted a
12 second time of committing any felony under the Illinois
13 Controlled Substances Act, or who has been convicted a second
14 time of committing a Class 1 felony under Sections 8A-3 and
15 8A-6 of the Illinois Public Aid Code. A person whose license
16 or visiting permit is revoked under this subsection B of
17 Section 22 of this Act shall be prohibited from practicing
18 medicine or treating human ailments without the use of drugs
19 and without operative surgery.
20 (C) The Medical Disciplinary Board shall recommend to
21 the Department civil penalties and any other appropriate
22 discipline in disciplinary cases when the Board finds that a
23 physician willfully performed an abortion with actual
24 knowledge that the person upon whom the abortion has been
25 performed is a minor or an incompetent person without notice
26 as required under the Parental Notice of Abortion Act of
27 1995. Upon the Board's recommendation, the Department shall
28 impose, for the first violation, a civil penalty of $1,000
29 and for a second or subsequent violation, a civil penalty of
30 $5,000.
31 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
32 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
33 8-13-98.)
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1 Section 15. The Illinois Public Aid Code is amended by
2 adding Section 5-16.7a as follows:
3 (305 ILCS 5/5-16.7a new)
4 Sec. 5-16.7a. Reimbursement for epidural anesthesia
5 services. The Department shall provide reimbursement to
6 medical providers for epidural anesthesia services in
7 accordance with the guidelines of the American College of
8 Obstetricians and Gynecologists.
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.