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91_HB1701
LRB9103257ACtmA
1 AN ACT concerning parental notice of abortion.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Parental Notice of Abortion Act of 1999.
6 Section 5. Legislative findings and purpose. The
7 General Assembly finds that notification of a family member
8 as defined in this Act is in the best interest of an
9 unemancipated minor, and the General Assembly's purpose in
10 enacting this parental notice law is to further and protect
11 the best interests of an unemancipated minor.
12 The medical, emotional, and psychological consequences of
13 abortion are sometimes serious and long-lasting, and immature
14 minors often lack the ability to make fully informed choices
15 that consider both the immediate and long-range consequences.
16 Parental consultation is usually in the best interest of
17 the minor and is desirable since the capacity to become
18 pregnant and the capacity for mature judgment concerning the
19 wisdom of an abortion are not necessarily related.
20 Section 10. Definitions. As used in this Act:
21 "Abortion" means the use of any instrument, medicine,
22 drug, or any other substance or device to terminate the
23 pregnancy of a woman known to be pregnant with an intention
24 other than to increase the probability of a live birth, to
25 preserve the life or health of a child after live birth, or
26 to remove a dead fetus.
27 "Actual notice" means the giving of notice directly, in
28 person, or by telephone.
29 "Adult family member" means a person over 21 years of age
30 who is (1) a parent, (2) a grandparent or step-parent living
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1 in the household, or (3) a legal guardian.
2 "Constructive notice" means notice by certified mail to
3 the last known address of the person entitled to notice with
4 delivery deemed to have occurred 48 hours after the certified
5 notice is mailed.
6 "Incompetent" means any person who has been adjudged as
7 mentally ill or developmentally disabled and who, because of
8 her mental illness or developmental disability, is not fully
9 able to manage her person and for whom a guardian of the
10 person has been appointed under Section 11a-3(a)(1) of the
11 Probate Act of 1975.
12 "Medical emergency" means a condition that, on the basis
13 of the physician's good faith clinical judgment, so
14 complicates the medical condition of a pregnant woman as to
15 necessitate the immediate abortion of her pregnancy to avert
16 her death or for which a delay will create serious risk of
17 substantial and irreversible impairment of major bodily
18 function.
19 "Minor" means any person under 18 years of age who is not
20 or has not been married or who has not been emancipated under
21 the Emancipation of Mature Minors Act.
22 "Neglect" means the failure of an adult family member to
23 supply a child with necessary food, clothing, shelter, or
24 medical care when reasonably able to do so or the failure to
25 protect a child from conditions or actions that imminently
26 and seriously endanger the child's physical or mental health
27 when reasonably able to do so.
28 "Physical abuse" means any physical injury intentionally
29 inflicted by an adult family member on a child.
30 "Physician" means any person licensed to practice
31 medicine in all its branches under the Medical Practice Act
32 of 1987.
33 "Sexual abuse" means any sexual conduct or sexual
34 penetration as defined in Section 12-12 of the Criminal Code
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1 of 1961 that is prohibited by the criminal laws of the State
2 of Illinois and committed against a minor by an adult family
3 member as defined in this Act.
4 Section 15. Notice to adult family member. No person
5 shall knowingly perform an abortion upon a minor or upon an
6 incompetent person unless the physician or his or her agent
7 has given at least 48 hours actual notice to an adult family
8 member of the pregnant minor or incompetent person of his or
9 her intention to perform the abortion, unless that person or
10 his or her agent has received a written statement by a
11 referring physician certifying that the referring physician
12 or his or her agent has given at least 48 hours notice to an
13 adult family member of the pregnant minor or incompetent
14 person. If actual notice is not possible after a reasonable
15 effort, the physician or his or her agent must give 48 hours
16 constructive notice.
17 Section 20. Exceptions. Notice shall not be required
18 under this Act if:
19 (1) the minor or incompetent person is accompanied
20 by a person entitled to notice; or
21 (2) notice is waived in writing by a person who is
22 entitled to notice; or
23 (3) the attending physician certifies in the
24 patient's medical record that a medical emergency exists
25 and there is insufficient time to provide the required
26 notice; or
27 (4) the minor declares in writing that she is a
28 victim of sexual abuse, neglect, or physical abuse by an
29 adult family member as defined in this Act. The
30 attending physician must certify in the patient's medical
31 record that he or she has received the written
32 declaration of abuse or neglect. Any notification of
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1 public authorities of abuse that may be required under
2 other laws of this State need not be made by the person
3 performing the abortion until after the minor receives an
4 abortion that otherwise complies with the requirements of
5 this Act; or
6 (5) notice is waived under Section 25.
7 Section 25. Procedure for judicial waiver of notice.
8 (a) The requirements and procedures under this Section
9 are available to minors and incompetent persons whether or
10 not they are residents of this State.
11 (b) The minor or incompetent person may petition any
12 circuit court for a waiver of the notice requirement and may
13 participate in proceedings on her own behalf. The court
14 shall appoint a guardian ad litem for her. Any guardian ad
15 litem appointed under this Act shall act to maintain the
16 confidentiality of the proceedings. The circuit court shall
17 advise her that she has a right to court-appointed counsel
18 and shall provide her with counsel upon her request.
19 (c) Court proceedings under this Section shall be
20 confidential and shall ensure the anonymity of the minor or
21 incompetent person. All court proceedings under this Section
22 shall be sealed. The minor or incompetent person shall have
23 the right to file her petition in the circuit court using a
24 pseudonym or using solely her initials. All documents
25 related to this petition shall be confidential and shall not
26 be made available to the public.
27 These proceedings shall be given precedence over other
28 pending matters to the extent necessary to ensure that the
29 court reaches a decision promptly. The court shall rule and
30 issue written findings of fact and conclusions of law within
31 48 hours of the time that the petition is filed, except that
32 the 48-hour limitation may be extended at the request of the
33 minor or incompetent person. If the court fails to rule
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1 within the 48-hour period and an extension is not requested,
2 then the petition shall be deemed to have been granted, and
3 the notice requirement shall be waived.
4 (d) Notice shall be waived if the court finds by a
5 preponderance of the evidence either:
6 (1) that the minor or incompetent person is
7 sufficiently mature and well enough informed to decide
8 intelligently whether to have an abortion, or
9 (2) that notification under Section 15 of this Act
10 would not be in the best interests of the minor or
11 incompetent person.
12 (e) A court that conducts proceedings under this Section
13 shall issue written and specific factual findings and legal
14 conclusions supporting its decision and shall order that a
15 confidential record of the evidence and the judge's findings
16 and conditions be maintained.
17 (f) An expedited confidential appeal shall be available,
18 as the Supreme Court provides by rule, to any minor or
19 incompetent person to whom the circuit court denies a waiver
20 of notice. An order authorizing an abortion without notice
21 shall not be subject to appeal.
22 (g) The Supreme Court is respectfully requested to
23 promulgate any rules and regulations necessary to ensure that
24 proceedings under this Act are handled in an expeditious and
25 confidential manner.
26 (h) No fees shall be required of any minor or
27 incompetent person who avails herself of the procedures
28 provided by this Section.
29 Section 30. Minor's consent to abortion. A person may
30 not perform an abortion on a minor without the minor's
31 consent, except in a medical emergency.
32 Section 35. Reports. The Department of Public Health
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1 shall comply with the reporting requirements set forth in the
2 consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
3 the U.S. District Court for the Northern District of
4 Illinois, Eastern Division. These reports shall also include
5 whether the required notice under Section 15 of this Act was
6 given and, if an exception to the notice requirement applied,
7 what exception was used. No patient's name may be used in
8 any report submitted under this Section.
9 Section 40. Penalties.
10 (a) Any physician who willfully fails to provide notice
11 as required under this Act before performing an abortion on a
12 minor or an incompetent person shall be referred to the
13 Illinois State Medical Disciplinary Board for action in
14 accordance with Section 22 of the Medical Practice Act of
15 1987.
16 (b) Any person, not authorized under this Act, who signs
17 any waiver of notice for a minor or incompetent person
18 seeking an abortion, is guilty of a Class C misdemeanor.
19 Section 45. Immunity. Any physician who, in good faith,
20 provides notice in accordance with Section 15 or relies on an
21 exception under Section 20 shall not be subject to any type
22 of civil or criminal liability or discipline for
23 unprofessional conduct for failure to give required notice.
24 Section 50. Severability and inseverability. If any
25 provision of this Act or its application to any person or
26 circumstance is held invalid, the invalidity of that
27 provision or application does not affect other provisions or
28 applications of the Act that can be given effect without the
29 invalid provision or application, except that Section 25 is
30 inseverable to the extent that if all or any substantial and
31 material part of Section 25 is held invalid, then the entire
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1 Act is invalid.
2 Section 85. The Medical Practice Act of 1987 is amended
3 by changing Sections 22 and 23 as follows:
4 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
5 Sec. 22. Disciplinary action.
6 (A) The Department may revoke, suspend, place on
7 probationary status, or take any other disciplinary action as
8 the Department may deem proper with regard to the license or
9 visiting professor permit of any person issued under this Act
10 to practice medicine, or to treat human ailments without the
11 use of drugs and without operative surgery upon any of the
12 following grounds:
13 (1) Performance of an elective abortion in any
14 place, locale, facility, or institution other than:
15 (a) a facility licensed pursuant to the
16 Ambulatory Surgical Treatment Center Act;
17 (b) an institution licensed under the Hospital
18 Licensing Act; or
19 (c) an ambulatory surgical treatment center or
20 hospitalization or care facility maintained by the
21 State or any agency thereof, where such department
22 or agency has authority under law to establish and
23 enforce standards for the ambulatory surgical
24 treatment centers, hospitalization, or care
25 facilities under its management and control; or
26 (d) ambulatory surgical treatment centers,
27 hospitalization or care facilities maintained by the
28 Federal Government; or
29 (e) ambulatory surgical treatment centers,
30 hospitalization or care facilities maintained by any
31 university or college established under the laws of
32 this State and supported principally by public funds
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1 raised by taxation.
2 (2) Performance of an abortion procedure in a
3 wilful and wanton manner on a woman who was not pregnant
4 at the time the abortion procedure was performed.
5 (3) The conviction of a felony in this or any other
6 jurisdiction, except as otherwise provided in subsection
7 B of this Section, whether or not related to practice
8 under this Act, or the entry of a guilty or nolo
9 contendere plea to a felony charge.
10 (4) Gross negligence in practice under this Act.
11 (5) Engaging in dishonorable, unethical or
12 unprofessional conduct of a character likely to deceive,
13 defraud or harm the public.
14 (6) Obtaining any fee by fraud, deceit, or
15 misrepresentation.
16 (7) Habitual or excessive use or abuse of drugs
17 defined in law as controlled substances, of alcohol, or
18 of any other substances which results in the inability to
19 practice with reasonable judgment, skill or safety.
20 (8) Practicing under a false or, except as provided
21 by law, an assumed name.
22 (9) Fraud or misrepresentation in applying for, or
23 procuring, a license under this Act or in connection with
24 applying for renewal of a license under this Act.
25 (10) Making a false or misleading statement
26 regarding their skill or the efficacy or value of the
27 medicine, treatment, or remedy prescribed by them at
28 their direction in the treatment of any disease or other
29 condition of the body or mind.
30 (11) Allowing another person or organization to use
31 their license, procured under this Act, to practice.
32 (12) Disciplinary action of another state or
33 jurisdiction against a license or other authorization to
34 practice as a medical doctor, doctor of osteopathy,
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1 doctor of osteopathic medicine or doctor of chiropractic,
2 a certified copy of the record of the action taken by the
3 other state or jurisdiction being prima facie evidence
4 thereof.
5 (13) Violation of any provision of this Act or of
6 the Medical Practice Act prior to the repeal of that Act,
7 or violation of the rules, or a final administrative
8 action of the Director, after consideration of the
9 recommendation of the Disciplinary Board.
10 (14) Dividing with anyone other than physicians
11 with whom the licensee practices in a partnership,
12 Professional Association, limited liability company, or
13 Medical or Professional Corporation any fee, commission,
14 rebate or other form of compensation for any professional
15 services not actually and personally rendered. Nothing
16 contained in this subsection prohibits persons holding
17 valid and current licenses under this Act from practicing
18 medicine in partnership under a partnership agreement,
19 including a limited liability partnership, in a limited
20 liability company under the Limited Liability Company
21 Act, in a corporation authorized by the Medical
22 Corporation Act, as an association authorized by the
23 Professional Association Act, or in a corporation under
24 the Professional Corporation Act or from pooling,
25 sharing, dividing or apportioning the fees and monies
26 received by them or by the partnership, corporation or
27 association in accordance with the partnership agreement
28 or the policies of the Board of Directors of the
29 corporation or association. Nothing contained in this
30 subsection prohibits 2 or more corporations authorized by
31 the Medical Corporation Act, from forming a partnership
32 or joint venture of such corporations, and providing
33 medical, surgical and scientific research and knowledge
34 by employees of these corporations if such employees are
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1 licensed under this Act, or from pooling, sharing,
2 dividing, or apportioning the fees and monies received by
3 the partnership or joint venture in accordance with the
4 partnership or joint venture agreement. Nothing
5 contained in this subsection shall abrogate the right of
6 2 or more persons, holding valid and current licenses
7 under this Act, to each receive adequate compensation for
8 concurrently rendering professional services to a patient
9 and divide a fee; provided, the patient has full
10 knowledge of the division, and, provided, that the
11 division is made in proportion to the services performed
12 and responsibility assumed by each.
13 (15) A finding by the Medical Disciplinary Board
14 that the registrant after having his or her license
15 placed on probationary status or subjected to conditions
16 or restrictions violated the terms of the probation or
17 failed to comply with such terms or conditions.
18 (16) Abandonment of a patient.
19 (17) Prescribing, selling, administering,
20 distributing, giving or self-administering any drug
21 classified as a controlled substance (designated product)
22 or narcotic for other than medically accepted therapeutic
23 purposes.
24 (18) Promotion of the sale of drugs, devices,
25 appliances or goods provided for a patient in such manner
26 as to exploit the patient for financial gain of the
27 physician.
28 (19) Offering, undertaking or agreeing to cure or
29 treat disease by a secret method, procedure, treatment or
30 medicine, or the treating, operating or prescribing for
31 any human condition by a method, means or procedure which
32 the licensee refuses to divulge upon demand of the
33 Department.
34 (20) Immoral conduct in the commission of any act
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1 including, but not limited to, commission of an act of
2 sexual misconduct related to the licensee's practice.
3 (21) Wilfully making or filing false records or
4 reports in his or her practice as a physician, including,
5 but not limited to, false records to support claims
6 against the medical assistance program of the Department
7 of Public Aid under the Illinois Public Aid Code.
8 (22) Wilful omission to file or record, or wilfully
9 impeding the filing or recording, or inducing another
10 person to omit to file or record, medical reports as
11 required by law, or wilfully failing to report an
12 instance of suspected abuse or neglect as required by
13 law.
14 (23) Being named as a perpetrator in an indicated
15 report by the Department of Children and Family Services
16 under the Abused and Neglected Child Reporting Act, and
17 upon proof by clear and convincing evidence that the
18 licensee has caused a child to be an abused child or
19 neglected child as defined in the Abused and Neglected
20 Child Reporting Act.
21 (24) Solicitation of professional patronage by any
22 corporation, agents or persons, or profiting from those
23 representing themselves to be agents of the licensee.
24 (25) Gross and wilful and continued overcharging
25 for professional services, including filing false
26 statements for collection of fees for which services are
27 not rendered, including, but not limited to, filing such
28 false statements for collection of monies for services
29 not rendered from the medical assistance program of the
30 Department of Public Aid under the Illinois Public Aid
31 Code.
32 (26) A pattern of practice or other behavior which
33 demonstrates incapacity or incompetence to practice under
34 this Act.
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1 (27) Mental illness or disability which results in
2 the inability to practice under this Act with reasonable
3 judgment, skill or safety.
4 (28) Physical illness, including, but not limited
5 to, deterioration through the aging process, or loss of
6 motor skill which results in a physician's inability to
7 practice under this Act with reasonable judgment, skill
8 or safety.
9 (29) Cheating on or attempt to subvert the
10 licensing 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
23 adverse final action taken against them by another
24 licensing jurisdiction (any other state or any territory
25 of the United States or any foreign state or country), by
26 any peer review body, by any health care institution, by
27 any professional society or association related to
28 practice under this Act, by any governmental agency, by
29 any law enforcement agency, or by any court for acts or
30 conduct similar to acts or conduct which would constitute
31 grounds for action as defined in this Section.
32 (35) Failure to report to the Department surrender
33 of a license or authorization to practice as a medical
34 doctor, a doctor of osteopathy, a doctor of osteopathic
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1 medicine, or doctor of chiropractic in another state or
2 jurisdiction, or surrender of membership on any medical
3 staff or in any medical or professional association or
4 society, while under disciplinary investigation by any of
5 those authorities or bodies, for acts or conduct similar
6 to acts or conduct which would constitute grounds for
7 action as defined in this Section.
8 (36) Failure to report to the Department any
9 adverse judgment, settlement, or award arising from a
10 liability claim related to acts or conduct similar to
11 acts or conduct which would constitute grounds for action
12 as defined in this Section.
13 (37) Failure to transfer copies of medical records
14 as required by law.
15 (38) Failure to furnish the Department, its
16 investigators or representatives, relevant information,
17 legally requested by the Department after consultation
18 with the Chief Medical Coordinator or the Deputy Medical
19 Coordinator.
20 (39) Violating the Health Care Worker Self-Referral
21 Act.
22 (40) Willful failure to provide notice when notice
23 is required under the Parental Notice of Abortion Act of
24 1999. Willful failure to provide notice when notice is
25 required under the Parental Notice of Abortion Act of
26 1995.
27 (41) Failure to establish and maintain records of
28 patient care and treatment as required by this law.
29 (42) Entering into an excessive number of written
30 collaborative agreements with licensed advanced practice
31 nurses resulting in an inability to adequately
32 collaborate and provide medical direction.
33 (43) Repeated failure to adequately collaborate
34 with or provide medical direction to a licensed advanced
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1 practice nurse.
2 All proceedings to suspend, revoke, place on probationary
3 status, or take any other disciplinary action as the
4 Department may deem proper, with regard to a license on any
5 of the foregoing grounds, must be commenced within 3 years
6 next after receipt by the Department of a complaint alleging
7 the commission of or notice of the conviction order for any
8 of the acts described herein. Except for the grounds
9 numbered (8), (9) and (29), no action shall be commenced more
10 than 5 years after the date of the incident or act alleged to
11 have violated this Section. In the event of the settlement
12 of any claim or cause of action in favor of the claimant or
13 the reduction to final judgment of any civil action in favor
14 of the plaintiff, such claim, cause of action or civil action
15 being grounded on the allegation that a person licensed under
16 this Act was negligent in providing care, the Department
17 shall have an additional period of one year from the date of
18 notification to the Department under Section 23 of this Act
19 of such settlement or final judgment in which to investigate
20 and commence formal disciplinary proceedings under Section 36
21 of this Act, except as otherwise provided by law. The time
22 during which the holder of the license was outside the State
23 of Illinois shall not be included within any period of time
24 limiting the commencement of disciplinary action by the
25 Department.
26 The entry of an order or judgment by any circuit court
27 establishing that any person holding a license under this Act
28 is a person in need of mental treatment operates as a
29 suspension of that license. That person may resume their
30 practice only upon the entry of a Departmental order based
31 upon a finding by the Medical Disciplinary Board that they
32 have been determined to be recovered from mental illness by
33 the court and upon the Disciplinary Board's recommendation
34 that they be permitted to resume their practice.
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1 The Department may refuse to issue or take disciplinary
2 action concerning the license of any person who fails to file
3 a return, or to pay the tax, penalty or interest shown in a
4 filed return, or to pay any final assessment of tax, penalty
5 or interest, as required by any tax Act administered by the
6 Illinois Department of Revenue, until such time as the
7 requirements of any such tax Act are satisfied as determined
8 by the Illinois Department of Revenue.
9 The Department, upon the recommendation of the
10 Disciplinary Board, shall adopt rules which set forth
11 standards to be used in determining:
12 (a) when a person will be deemed sufficiently
13 rehabilitated to warrant the public trust;
14 (b) what constitutes dishonorable, unethical or
15 unprofessional conduct of a character likely to deceive,
16 defraud, or harm the public;
17 (c) what constitutes immoral conduct in the
18 commission of any act, including, but not limited to,
19 commission of an act of sexual misconduct related to the
20 licensee's practice; and
21 (d) what constitutes gross negligence in the
22 practice of medicine.
23 However, no such rule shall be admissible into evidence
24 in any civil action except for review of a licensing or other
25 disciplinary action under this Act.
26 In enforcing this Section, the Medical Disciplinary
27 Board, upon a showing of a possible violation, may compel any
28 individual licensed to practice under this Act, or who has
29 applied for licensure or a permit pursuant to this Act, to
30 submit to a mental or physical examination, or both, as
31 required by and at the expense of the Department. The
32 examining physician or physicians shall be those specifically
33 designated by the Disciplinary Board. The Medical
34 Disciplinary Board or the Department may order the examining
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1 physician to present testimony concerning this mental or
2 physical examination of the licensee or applicant. No
3 information shall be excluded by reason of any common law or
4 statutory privilege relating to communication between the
5 licensee or applicant and the examining physician. The
6 individual to be examined may have, at his or her own
7 expense, another physician of his or her choice present
8 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
11 license until such time as the individual submits to the
12 examination if the Disciplinary Board finds, after notice and
13 hearing, that the refusal to submit to the examination was
14 without reasonable cause. If the Disciplinary Board finds a
15 physician unable to practice because of the reasons set forth
16 in this Section, the Disciplinary Board shall require such
17 physician to submit to care, counseling, or treatment by
18 physicians approved or designated by the Disciplinary Board,
19 as a condition for continued, reinstated, or renewed
20 licensure to practice. Any physician, whose license was
21 granted pursuant to Sections 9, 17, or 19 of this Act, or,
22 continued, reinstated, renewed, disciplined or supervised,
23 subject to such terms, conditions or restrictions who shall
24 fail to comply with such terms, conditions or restrictions,
25 or to complete a required program of care, counseling, or
26 treatment, as determined by the Chief Medical Coordinator or
27 Deputy Medical Coordinators, shall be referred to the
28 Director for a determination as to whether the licensee shall
29 have their license suspended immediately, pending a hearing
30 by the Disciplinary Board. In instances in which the
31 Director immediately suspends a license under this Section, a
32 hearing upon such person's license must be convened by the
33 Disciplinary Board within 15 days after such suspension and
34 completed without appreciable delay. The Disciplinary Board
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1 shall have the authority to review the subject physician's
2 record of treatment and counseling regarding the impairment,
3 to the extent permitted by applicable federal statutes and
4 regulations safeguarding the confidentiality of medical
5 records.
6 An individual licensed under this Act, affected under
7 this Section, shall be afforded an opportunity to demonstrate
8 to the Disciplinary Board that they can resume practice in
9 compliance with acceptable and prevailing standards under the
10 provisions of their license.
11 The Department may promulgate rules for the imposition of
12 fines in disciplinary cases, not to exceed $5,000 for each
13 violation of this Act. Fines may be imposed in conjunction
14 with other forms of disciplinary action, but shall not be the
15 exclusive disposition of any disciplinary action arising out
16 of conduct resulting in death or injury to a patient. Any
17 funds collected from such fines shall be deposited in the
18 Medical Disciplinary Fund.
19 (B) The Department shall revoke the license or visiting
20 permit of any person issued under this Act to practice
21 medicine or to treat human ailments without the use of drugs
22 and without operative surgery, who has been convicted a
23 second time of committing any felony under the Illinois
24 Controlled Substances Act, or who has been convicted a second
25 time of committing a Class 1 felony under Sections 8A-3 and
26 8A-6 of the Illinois Public Aid Code. A person whose license
27 or visiting permit is revoked under this subsection B of
28 Section 22 of this Act shall be prohibited from practicing
29 medicine or treating human ailments without the use of drugs
30 and without operative surgery.
31 (C) The Medical Disciplinary Board shall recommend to
32 the Department civil penalties and any other appropriate
33 discipline in disciplinary cases when the Board finds that a
34 physician willfully performed an abortion with actual
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1 knowledge that the person upon whom the abortion has been
2 performed is a minor or an incompetent person without notice
3 as required under the Parental Notice of Abortion Act of
4 1999. Upon the Board's recommendation, the Department shall
5 impose, for the first violation, a civil penalty of $1,000
6 and for a second or subsequent violation, a civil penalty of
7 $5,000. The Medical Disciplinary Board shall recommend to the
8 Department civil penalties and any other appropriate
9 discipline in disciplinary cases when the Board finds that a
10 physician willfully performed an abortion with actual
11 knowledge that the person upon whom the abortion has been
12 performed is a minor or an incompetent person without notice
13 as required under the Parental Notice of Abortion Act of
14 1995. Upon the Board's recommendation, the Department shall
15 impose, for the first violation, a civil penalty of $1,000
16 and for a second or subsequent violation, a civil penalty of
17 $5,000.
18 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
19 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
20 8-13-98.)
21 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
22 Sec. 23. Reports relating to professional conduct and
23 capacity.
24 (A) Entities required to report.
25 (1) Health care institutions. The chief
26 administrator or executive officer of any health care
27 institution licensed by the Illinois Department of Public
28 Health shall report to the Disciplinary Board when any
29 person's clinical privileges are terminated or are
30 restricted based on a final determination, in accordance
31 with that institution's by-laws or rules and regulations,
32 that a person has either committed an act or acts which
33 may directly threaten patient care, and not of an
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1 administrative nature, or that a person may be mentally
2 or physically disabled in such a manner as to endanger
3 patients under that person's care. Such officer also
4 shall report if a person accepts voluntary termination or
5 restriction of clinical privileges in lieu of formal
6 action based upon conduct related directly to patient
7 care and not of an administrative nature, or in lieu of
8 formal action seeking to determine whether a person may
9 be mentally or physically disabled in such a manner as to
10 endanger patients under that person's care. The Medical
11 Disciplinary Board shall, by rule, provide for the
12 reporting to it of all instances in which a person,
13 licensed under this Act, who is impaired by reason of
14 age, drug or alcohol abuse or physical or mental
15 impairment, is under supervision and, where appropriate,
16 is in a program of rehabilitation. Such reports shall be
17 strictly confidential and may be reviewed and considered
18 only by the members of the Disciplinary Board, or by
19 authorized staff as provided by rules of the Disciplinary
20 Board. Provisions shall be made for the periodic report
21 of the status of any such person not less than twice
22 annually in order that the Disciplinary Board shall have
23 current information upon which to determine the status of
24 any such person. Such initial and periodic reports of
25 impaired physicians shall not be considered records
26 within the meaning of The State Records Act and shall be
27 disposed of, following a determination by the
28 Disciplinary Board that such reports are no longer
29 required, in a manner and at such time as the
30 Disciplinary Board shall determine by rule. The filing
31 of such reports shall be construed as the filing of a
32 report for purposes of subsection (C) of this Section.
33 (2) Professional associations. The President or
34 chief executive officer of any association or society, of
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1 persons licensed under this Act, operating within this
2 State shall report to the Disciplinary Board when the
3 association or society renders a final determination that
4 a person has committed unprofessional conduct related
5 directly to patient care or that a person may be mentally
6 or physically disabled in such a manner as to endanger
7 patients under that person's care.
8 (3) Professional liability insurers. Every
9 insurance company which offers policies of professional
10 liability insurance to persons licensed under this Act,
11 or any other entity which seeks to indemnify the
12 professional liability of a person licensed under this
13 Act, shall report to the Disciplinary Board the
14 settlement of any claim or cause of action, or final
15 judgment rendered in any cause of action, which alleged
16 negligence in the furnishing of medical care by such
17 licensed person when such settlement or final judgment is
18 in favor of the plaintiff.
19 (4) State's Attorneys. The State's Attorney of
20 each county shall report to the Disciplinary Board all
21 instances in which a person licensed under this Act is
22 convicted or otherwise found guilty of the commission of
23 any felony. The State's Attorney of each county may
24 report to the Disciplinary Board through a verified
25 complaint any instance in which the State's Attorney
26 believes that a physician has willfully violated the
27 notice requirements of the Parental Notice of Abortion
28 Act of 1999. The State's Attorney of each county may
29 report to the Disciplinary Board through a verified
30 complaint any instance in which the State's Attorney
31 believes that a physician has willfully violated the
32 notice requirements of the Parental Notice of Abortion
33 Act of 1995.
34 (5) State agencies. All agencies, boards,
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1 commissions, departments, or other instrumentalities of
2 the government of the State of Illinois shall report to
3 the Disciplinary Board any instance arising in connection
4 with the operations of such agency, including the
5 administration of any law by such agency, in which a
6 person licensed under this Act has either committed an
7 act or acts which may be a violation of this Act or which
8 may constitute unprofessional conduct related directly to
9 patient care or which indicates that a person licensed
10 under this Act may be mentally or physically disabled in
11 such a manner as to endanger patients under that person's
12 care.
13 (B) Mandatory reporting. All reports required by items
14 (34), (35), and (36) of subsection (A) of Section 22 and by
15 Section 23 shall be submitted to the Disciplinary Board in a
16 timely fashion. The reports shall be filed in writing within
17 60 days after a determination that a report is required under
18 this Act. All reports shall contain the following
19 information:
20 (1) The name, address and telephone number of the
21 person making the report.
22 (2) The name, address and telephone number of the
23 person who is the subject of the report.
24 (3) The name or other means of identification of
25 any patient or patients whose treatment is a subject of
26 the report, provided, however, no medical records may be
27 revealed without the written consent of the patient or
28 patients.
29 (4) A brief description of the facts which gave
30 rise to the issuance of the report, including the dates
31 of any occurrences deemed to necessitate the filing of
32 the report.
33 (5) If court action is involved, the identity of
34 the court in which the action is filed, along with the
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1 docket number and date of filing of the action.
2 (6) Any further pertinent information which the
3 reporting party deems to be an aid in the evaluation of
4 the report.
5 The Department shall have the right to inform patients of
6 the right to provide written consent for the Department to
7 obtain copies of hospital and medical records. The
8 Disciplinary Board or Department may exercise the power under
9 Section 38 of this Act to subpoena copies of hospital or
10 medical records in mandatory report cases alleging death or
11 permanent bodily injury when consent to obtain records is not
12 provided by a patient or legal representative. Appropriate
13 rules shall be adopted by the Department with the approval of
14 the Disciplinary Board.
15 When the Department has received written reports
16 concerning incidents required to be reported in items (34),
17 (35), and (36) of subsection (A) of Section 22, the
18 licensee's failure to report the incident to the Department
19 under those items shall not be the sole grounds for
20 disciplinary action.
21 Nothing contained in this Section shall act to in any
22 way, waive or modify the confidentiality of medical reports
23 and committee reports to the extent provided by law. Any
24 information reported or disclosed shall be kept for the
25 confidential use of the Disciplinary Board, the Medical
26 Coordinators, the Disciplinary Board's attorneys, the medical
27 investigative staff, and authorized clerical staff, as
28 provided in this Act, and shall be afforded the same status
29 as is provided information concerning medical studies in Part
30 21 of Article VIII of the Code of Civil Procedure.
31 (C) Immunity from prosecution. Any individual or
32 organization acting in good faith, and not in a wilful and
33 wanton manner, in complying with this Act by providing any
34 report or other information to the Disciplinary Board, or
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1 assisting in the investigation or preparation of such
2 information, or by participating in proceedings of the
3 Disciplinary Board, or by serving as a member of the
4 Disciplinary Board, shall not, as a result of such actions,
5 be subject to criminal prosecution or civil damages.
6 (D) Indemnification. Members of the Disciplinary Board,
7 the Medical Coordinators, the Disciplinary Board's attorneys,
8 the medical investigative staff, physicians retained under
9 contract to assist and advise the medical coordinators in the
10 investigation, and authorized clerical staff shall be
11 indemnified by the State for any actions occurring within the
12 scope of services on the Disciplinary Board, done in good
13 faith and not wilful and wanton in nature. The Attorney
14 General shall defend all such actions unless he or she
15 determines either that there would be a conflict of interest
16 in such representation or that the actions complained of were
17 not in good faith or were wilful and wanton.
18 Should the Attorney General decline representation, the
19 member shall have the right to employ counsel of his or her
20 choice, whose fees shall be provided by the State, after
21 approval by the Attorney General, unless there is a
22 determination by a court that the member's actions were not
23 in good faith or were wilful and wanton.
24 The member must notify the Attorney General within 7 days
25 of receipt of notice of the initiation of any action
26 involving services of the Disciplinary Board. Failure to so
27 notify the Attorney General shall constitute an absolute
28 waiver of the right to a defense and indemnification.
29 The Attorney General shall determine within 7 days after
30 receiving such notice, whether he or she will undertake to
31 represent the member.
32 (E) Deliberations of Disciplinary Board. Upon the
33 receipt of any report called for by this Act, other than
34 those reports of impaired persons licensed under this Act
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1 required pursuant to the rules of the Disciplinary Board, the
2 Disciplinary Board shall notify in writing, by certified
3 mail, the person who is the subject of the report. Such
4 notification shall be made within 30 days of receipt by the
5 Disciplinary Board of the report.
6 The notification shall include a written notice setting
7 forth the person's right to examine the report. Included in
8 such notification shall be the address at which the file is
9 maintained, the name of the custodian of the reports, and the
10 telephone number at which the custodian may be reached. The
11 person who is the subject of the report shall submit a
12 written statement responding, clarifying, adding to, or
13 proposing the amending of the report previously filed. The
14 statement shall become a permanent part of the file and must
15 be received by the Disciplinary Board no more than 60 days
16 after the date on which the person was notified by the
17 Disciplinary Board of the existence of the original report.
18 The Disciplinary Board shall review all reports received
19 by it, together with any supporting information and
20 responding statements submitted by persons who are the
21 subject of reports. The review by the Disciplinary Board
22 shall be in a timely manner but in no event, shall the
23 Disciplinary Board's initial review of the material contained
24 in each disciplinary file be less than 61 days nor more than
25 180 days after the receipt of the initial report by the
26 Disciplinary Board.
27 When the Disciplinary Board makes its initial review of
28 the materials contained within its disciplinary files, the
29 Disciplinary Board shall, in writing, make a determination as
30 to whether there are sufficient facts to warrant further
31 investigation or action. Failure to make such determination
32 within the time provided shall be deemed to be a
33 determination that there are not sufficient facts to warrant
34 further investigation or action.
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1 Should the Disciplinary Board find that there are not
2 sufficient facts to warrant further investigation, or action,
3 the report shall be accepted for filing and the matter shall
4 be deemed closed and so reported to the Director. The
5 Director shall then have 30 days to accept the Medical
6 Disciplinary Board's decision or request further
7 investigation. The Director shall inform the Board in
8 writing of the decision to request further investigation,
9 including the specific reasons for the decision. The
10 individual or entity filing the original report or complaint
11 and the person who is the subject of the report or complaint
12 shall be notified in writing by the Director of any final
13 action on their report or complaint.
14 (F) Summary reports. The Disciplinary Board shall
15 prepare, on a timely basis, but in no event less than one
16 every other month, a summary report of final actions taken
17 upon disciplinary files maintained by the Disciplinary Board.
18 The summary reports shall be sent by the Disciplinary Board
19 to every health care facility licensed by the Illinois
20 Department of Public Health, every professional association
21 and society of persons licensed under this Act functioning on
22 a statewide basis in this State, the American Medical
23 Association, the American Osteopathic Association, the
24 American Chiropractic Association, all insurers providing
25 professional liability insurance to persons licensed under
26 this Act in the State of Illinois, the Federation of State
27 Medical Licensing Boards, and the Illinois Pharmacists
28 Association.
29 (G) Any violation of this Section shall be a Class A
30 misdemeanor.
31 (H) If any such person violates the provisions of this
32 Section an action may be brought in the name of the People of
33 the State of Illinois, through the Attorney General of the
34 State of Illinois, for an order enjoining such violation or
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1 for an order enforcing compliance with this Section. Upon
2 filing of a verified petition in such court, the court may
3 issue a temporary restraining order without notice or bond
4 and may preliminarily or permanently enjoin such violation,
5 and if it is established that such person has violated or is
6 violating the injunction, the court may punish the offender
7 for contempt of court. Proceedings under this paragraph
8 shall be in addition to, and not in lieu of, all other
9 remedies and penalties provided for by this Section.
10 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97;
11 90-699, eff. 1-1-99.)
12 (720 ILCS 515/Act rep.)
13 Section 90. The Illinois Abortion Parental Consent Act of
14 1977, which was repealed by Public Act 89-18, is again
15 repealed.
16 (720 ILCS 520/Act rep.)
17 Section 95. The Parental Notice of Abortion Act of 1983,
18 which was repealed by Public Act 89-18, is again repealed.
19 (750 ILCS 70/Act rep.)
20 Section 100. The Parental Notice of Abortion Act of 1995
21 is repealed.
22 Section 999. Effective date. This Act takes effect upon
23 becoming law.