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91_SB0539
LRB9102336OBcs
1 AN ACT creating the Woman's Right to Know Act, amending a
2 named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Woman's Right to Know Act.
7 Section 5. Legislative findings and purposes.
8 (a) The General Assembly of the State of Illinois finds
9 that:
10 (1) It is essential to the psychological and
11 physical well-being of a woman considering an abortion
12 that she receive complete and accurate information on her
13 alternatives.
14 (2) The knowledgeable exercise of a woman's
15 decision to have an abortion depends on the extent to
16 which the woman receives sufficient information to make
17 an informed choice between 2 alternatives: giving birth
18 or having an abortion.
19 (3) Many abortions are performed in clinics devoted
20 solely to providing abortions and family planning
21 services. Most women who seek abortions at these
22 facilities do not have any relationship with the
23 physician who performs the abortion, before or after the
24 procedure. They do not return to the facility for
25 post-surgical care. In most instances, the woman's only
26 actual contact with the physician occurs simultaneously
27 with the abortion procedure, with little opportunity to
28 receive counseling concerning her decision.
29 (4) The decision to abort "is an important, and
30 often a stressful one, and it is desirable and imperative
31 that it be made with full knowledge of its nature and
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1 consequences." Planned Parenthood v. Danforth, 428 U.S.
2 52, 67 (1976).
3 (5) "The medical, emotional, and psychological
4 consequences of an abortion are serious and can be
5 lasting. . . ." H.L. v. Matheson, 450 U.S. 398, 411
6 (1981).
7 (6) Some women seek abortions in great haste and
8 under emotional stress. Some submit to an unwanted
9 abortion against their conscience because of pressure
10 from other people. Women who choose abortion in
11 violation of their consciences are significantly more
12 prone to suffer severe psychological distress following
13 an abortion.
14 (b) Based on the findings in subsection (a) of this
15 Section, it is the purpose of this Act to:
16 (1) Ensure that every woman considering an abortion
17 receive complete information on her alternatives and that
18 every woman submitting to an abortion do so only after
19 giving her voluntary and informed consent to the abortion
20 procedure.
21 (2) Protect unborn children from a woman's
22 uninformed decision to have an abortion.
23 (3) Reduce the risk that a woman may elect an
24 abortion, only to discover later, with devastating
25 psychological consequences, that her decision was not
26 fully informed. Planned Parenthood v. Casey, 112 S.Ct.
27 2791, 2823 (1992).
28 Section 10. Definitions. As used in this Act:
29 (a) "Abortion" means the use or prescription of any
30 instrument, medicine, drug, or any other substance or device
31 with the intent to terminate the pregnancy of a woman known
32 to be pregnant. Such use or prescription is not an abortion
33 if done with the intent to (1) save the life or preserve the
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1 health of an unborn child, (2) remove a dead unborn child, or
2 (3) deliver an unborn child prematurely in order to preserve
3 the health of both the pregnant woman and her unborn child.
4 (b) "Complication" means that condition that includes
5 but is not limited to hemorrhage, infection, uterine
6 perforation, cervical laceration, pelvic inflammatory
7 disease, endometritis, and retained products. The Department
8 may further define "complication."
9 (c) "Conception" means the fusion of a human
10 spermatozoon with a human ovum.
11 (d) "Department" means the Department of Public Health
12 of the State of Illinois.
13 (e) "Facility" or "medical facility" means any public or
14 private hospital, clinic, center, medical school, medical
15 training institution, health care facility, physician's
16 office, infirmary, dispensary, ambulatory surgical treatment
17 center or other institution or location wherein medical care
18 is provided to any person.
19 (f) "First trimester" means the first 12 weeks of
20 gestation.
21 (g) "Gestational age" means the time that has elapsed
22 since the first day of the woman's last menstrual period.
23 (h) "Hospital" means an institution licensed under laws
24 of this State.
25 (i) "Medical emergency" means that condition which, on
26 the basis of the physician's good faith clinical judgment, so
27 complicates the medical condition of a pregnant woman as to
28 necessitate the immediate abortion of her pregnancy to avert
29 her death or for which a delay will create serious risk of
30 substantial and irreversible impairment of a major bodily
31 function.
32 (j) "Physician" means any person licensed to practice
33 medicine in all its branches under the Medical Practice Act
34 of 1987.
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1 (k) "Pregnant" or "pregnancy" means that female
2 reproductive condition of having an unborn child in the
3 woman's body.
4 (l) "Qualified person" means an agent of the physician
5 who is a psychologist, licensed social worker, licensed
6 professional counselor, registered nurse, or physician.
7 (m) "Unborn child" means the offspring of human beings
8 from conception until birth.
9 (n) "Viability" means the state of fetal development
10 when, in the judgment of the physician based on the
11 particular facts of the case before him or her and in light
12 of the most advanced medical technology and information
13 available to him or her, there is a reasonable likelihood of
14 sustained survival of the unborn child outside the body of
15 his or her mother, with or without artificial support.
16 (o) "Woman" means any female person.
17 Section 15. Informed consent requirement. No abortion
18 shall be performed or induced without the voluntary and
19 informed consent of the woman upon whom the abortion is to be
20 performed or induced. Except in the case of a medical
21 emergency, consent to an abortion is voluntary and informed
22 if and only if:
23 (a) At least 24 hours before the abortion, the physician
24 who is to perform the abortion or the referring physician has
25 informed the woman, orally and in person, of:
26 (1) The name of the physician who will perform the
27 abortion.
28 (2) A description of the proposed abortion method
29 and of those risks when medically accurate including, but
30 not limited to, the risks of infection, hemorrhage,
31 danger to subsequent pregnancies, breast cancer, the
32 possible adverse psychological effects associated with an
33 abortion, and alternatives to the abortion that a
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1 reasonable patient would consider material to the
2 decision of whether or not to undergo the abortion.
3 (3) The probable gestational age of the unborn
4 child at the time the abortion is to be performed, and,
5 if the unborn child is viable or has reached the
6 gestational age of 24 weeks, that (i) the unborn child
7 may be able to survive outside the womb; (ii) the woman
8 has the right to request the physician to use the method
9 of abortion that is most likely to preserve the life of
10 the unborn child; and (iii) if the unborn child is born
11 alive, the attending physician has the legal obligation
12 to take all reasonable steps necessary to maintain the
13 life and health of the child.
14 (4) The probable anatomical and physiological
15 characteristics of the unborn child at the time the
16 abortion is to be performed.
17 (5) The medical risks associated with carrying her
18 child to term.
19 (6) Any need for anti-Rh immune globulin therapy if
20 she is Rh negative, the likely consequences of refusing
21 such therapy, and the cost of the therapy.
22 (7) Results of the pregnancy test or examinations
23 or both.
24 (b) At least 24 hours before the abortion, the physician
25 who is to perform the abortion, the referring physician, or a
26 qualified person has informed the woman, orally and in
27 person, that:
28 (1) Medical assistance benefits may be available
29 for prenatal care, childbirth, and neonatal care, and
30 that more detailed information on the availability of
31 such assistance is contained in the printed materials and
32 informational video given to her and described in Section
33 20.
34 (2) The printed materials and informational video
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1 in Section 20 describe the unborn child and list agencies
2 that offer alternatives to abortion.
3 (3) The father of the unborn child is liable to
4 assist in the support of this child, even in instances
5 where he has offered to pay for the abortion. In the case
6 of rape or incest, this information may be omitted.
7 (4) She is free to withhold or withdraw her consent
8 to the abortion at any time before or during the abortion
9 without affecting her right to future care or treatment
10 and without the loss of any State or federally funded
11 benefits to which she might otherwise be entitled.
12 (c) The information in paragraphs (a) and (b) is
13 provided to the woman individually (or with a parent if an
14 unemancipated minor requests or with a guardian) and in a
15 private room to protect her privacy and maintain the
16 confidentiality of her decision, to ensure that the
17 information focuses on her individual circumstances and that
18 she has an adequate opportunity to ask questions.
19 (d) At least 24 hours before the abortion, the woman is
20 given a copy of the printed materials and if she chooses a
21 viewing of the informational video described in Section 20.
22 If the woman is unable to read the materials, they shall be
23 read to her. If the woman asks questions concerning any of
24 the information or materials, answers shall be provided to
25 her in her own language.
26 (e) The woman certifies in writing on a checklist form
27 provided by the Department prior to the abortion that the
28 information required to be provided under paragraphs (a),
29 (b), and (d) has been provided. All physicians who perform
30 abortions shall report the total number of certifications
31 received monthly to the Department. The Department shall make
32 the number of certifications received available to the public
33 on an annual basis.
34 (f) Prior to the performance of the abortion, the
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1 physician who is to perform the abortion or a qualified
2 person receives a copy of the written certification
3 prescribed by paragraph (e) of this Section.
4 (g) The woman is not required to pay any amount for the
5 abortion procedure until the 24-hour reflection period has
6 expired.
7 Section 20. Publication of materials.
8 The Department shall cause to be published printed
9 materials and an informational video in English and Spanish,
10 within 90 days after this Act becomes law. The Department
11 shall update on an annual basis, the following easily
12 comprehensible printed materials and informational video:
13 (1) Geographically indexed materials that inform
14 the woman of public and private agencies and services
15 available to assist a woman through pregnancy, upon
16 childbirth and while her child is dependent, including
17 but not limited to adoption agencies. The materials shall
18 include a comprehensive list of the agencies, a
19 description of the services they offer, and the telephone
20 numbers and addresses of the agencies, and shall inform
21 the woman about available medical assistance benefits for
22 prenatal care, childbirth, and neonatal care.
23 The Department shall ensure that the materials
24 described in this Section are comprehensive and do not
25 directly or indirectly promote, exclude, or discourage
26 the use of any agency or service described in this
27 Section. The materials shall also contain a toll-free 24
28 hour a day telephone number that may be called to obtain
29 orally such a list and description of agencies in the
30 locality of the caller and of the services they offer.
31 The materials shall state that any physician who
32 performs an abortion upon a woman without her informed
33 consent may be liable to her for damages in a civil
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1 action and that the law permits adoptive parents to pay
2 costs of prenatal care, childbirth, and neonatal care.
3 The materials shall include the following statement:
4 "There are many public and private agencies willing
5 and able to help you to carry your child to term, and to
6 assist you and your child after your child is born,
7 whether you choose to keep your child or to place her or
8 him for adoption. The State of Illinois strongly urges
9 you to contact one or more of these agencies before
10 making a final decision about abortion. The law requires
11 that your physician or his agent give you the opportunity
12 to call agencies like these before you undergo an
13 abortion."
14 (2) Materials that include information on the
15 support obligations of the father of a child who is born
16 alive, including but not limited to the father's legal
17 duty to support his child, which may include child
18 support payments and health insurance, and the fact that
19 paternity may be established by the father's signature on
20 a birth certificate or statement of paternity, or by
21 court action. And that more information concerning
22 paternity establishment and child support services and
23 enforcement may be obtained by calling State or county
24 public assistance agencies.
25 (3) Materials that inform the pregnant woman of the
26 probable anatomical and physiological characteristics of
27 the unborn child at 2-week gestational increments from
28 fertilization to full term, including pictures
29 representing the development of an unborn child at 2-week
30 gestational increments. The descriptions shall include
31 information about brain and heart function, the presence
32 of external members and internal organs during the
33 applicable stages of development and any relevant
34 information on the possibility of the unborn child's
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1 survival. Any such pictures must contain the dimensions
2 of the unborn child and must be realistic. The materials
3 shall be objective, nonjudgmental, and designed to convey
4 only accurate scientific information about the unborn
5 child at the various gestational ages.
6 (4) Materials that contain objective information
7 describing the methods of abortion procedures commonly
8 employed, the medical risks commonly associated with each
9 procedure when medically accurate including, but not
10 limited to, the risks of infection, hemorrhage, danger to
11 subsequent pregnancies, breast cancer, the possible
12 adverse psychological effects associated with an
13 abortion, and the medical risks associated with carrying
14 a child to term.
15 (5) A checklist certification form to be used by
16 the physician or a qualified person under paragraph (e)
17 of Section 15 of this Act, which shall list all the items
18 of information that are to be given to the woman by a
19 physician or the agent under this Act.
20 The materials shall be printed in a typeface
21 large enough to be clearly legible.
22 The Department shall produce a standardized
23 videotape that may be used statewide, containing all of
24 the information described in paragraphs (1), (2), (3),
25 and (4), in accordance with the requirements of those
26 paragraphs. In preparing the video, the Department may
27 summarize and make reference to the printed comprehensive
28 list of geographically indexed names and services
29 described in paragraph (1). The videotape shall, in
30 addition to the information described in paragraphs (1),
31 (2), (3), and (4), show an ultrasound of the heartbeat of
32 an unborn child at 4 to 5 weeks gestational age, at 6 to
33 8 weeks gestational age, and each month thereafter, until
34 viability. That information shall be presented in an
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1 objective, unbiased manner designed to convey only
2 accurate scientific information.
3 The printed materials and videotape required
4 under this Section shall be available at no cost from the
5 Department upon request and in appropriate number to any
6 person, facility, or hospital.
7 Section 25. Emergencies. Where a medical emergency
8 compels the performance of an abortion, the physician shall
9 inform the woman, before the abortion if possible, of the
10 medical indications supporting his or her judgment that an
11 abortion is necessary to avert her death or to avert
12 substantial and irreversible impairment of a major bodily
13 function.
14 Section 30. Criminal penalties. Any person who
15 intentionally, knowingly, or recklessly violates this Act is
16 guilty of a Class A misdemeanor.
17 Section 35. Civil penalties. In addition to whatever
18 remedies are available under the common or statutory law of
19 this State, failure to comply with the requirements of this
20 Act shall:
21 (a) Provide a basis for a civil malpractice action. Any
22 intentional violation of this Act shall be admissible in a
23 civil suit as prima facie evidence of a failure to obtain an
24 informed consent. When requested, the court shall allow a
25 woman to proceed using solely her initials or a pseudonym and
26 may close any proceedings in the case and enter other
27 protective orders to preserve the privacy of the woman upon
28 whom the abortion was performed.
29 (b) Provide a basis for professional disciplinary action
30 under the Medical Practice Act of 1987.
31 (c) Provide a basis for recovery for the woman for the
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1 death of her unborn child under the Wrongful Death Act.
2 Section 40. Construction.
3 (a) Nothing in this Act shall be construed as creating
4 or recognizing a right to an abortion.
5 (b) It is not the intention of this law to make lawful
6 an abortion that is currently unlawful.
7 Section 45. Severability. The provisions of the Act are
8 declared to be severable, and if any provision, word, phrase,
9 or clause of the Act or the application thereof to any person
10 shall be held invalid, such invalidity shall not affect the
11 validity of the remaining portions of this Act.
12 Section 120. The Medical Practice Act of 1987 is amended
13 by changing Section 22 as follows:
14 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
15 Sec. 22. Disciplinary action.
16 (A) The Department may revoke, suspend, place on
17 probationary status, or take any other disciplinary action as
18 the Department may deem proper with regard to the license or
19 visiting professor permit of any person issued under this Act
20 to practice medicine, or to treat human ailments without the
21 use of drugs and without operative surgery upon any of the
22 following grounds:
23 (1) Performance of an elective abortion in any
24 place, locale, facility, or institution other than:
25 (a) a facility licensed pursuant to the
26 Ambulatory Surgical Treatment Center Act;
27 (b) an institution licensed under the Hospital
28 Licensing Act; or
29 (c) an ambulatory surgical treatment center or
30 hospitalization or care facility maintained by the
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1 State or any agency thereof, where such department
2 or agency has authority under law to establish and
3 enforce standards for the ambulatory surgical
4 treatment centers, hospitalization, or care
5 facilities under its management and control; or
6 (d) ambulatory surgical treatment centers,
7 hospitalization or care facilities maintained by the
8 Federal Government; or
9 (e) ambulatory surgical treatment centers,
10 hospitalization or care facilities maintained by any
11 university or college established under the laws of
12 this State and supported principally by public funds
13 raised by taxation.
14 (2) Performance of an abortion procedure in a
15 wilful and wanton manner on a woman who was not pregnant
16 at the time the abortion procedure was performed.
17 (3) The conviction of a felony in this or any other
18 jurisdiction, except as otherwise provided in subsection
19 B of this Section, whether or not related to practice
20 under this Act, or the entry of a guilty or nolo
21 contendere plea to a felony charge.
22 (4) Gross negligence in practice under this Act.
23 (5) Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 (6) Obtaining any fee by fraud, deceit, or
27 misrepresentation.
28 (7) Habitual or excessive use or abuse of drugs
29 defined in law as controlled substances, of alcohol, or
30 of any other substances which results in the inability to
31 practice with reasonable judgment, skill or safety.
32 (8) Practicing under a false or, except as provided
33 by law, an assumed name.
34 (9) Fraud or misrepresentation in applying for, or
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1 procuring, a license under this Act or in connection with
2 applying for renewal of a license under this Act.
3 (10) Making a false or misleading statement
4 regarding their skill or the efficacy or value of the
5 medicine, treatment, or remedy prescribed by them at
6 their direction in the treatment of any disease or other
7 condition of the body or mind.
8 (11) Allowing another person or organization to use
9 their license, procured under this Act, to practice.
10 (12) Disciplinary action of another state or
11 jurisdiction against a license or other authorization to
12 practice as a medical doctor, doctor of osteopathy,
13 doctor of osteopathic medicine or doctor of chiropractic,
14 a certified copy of the record of the action taken by the
15 other state or jurisdiction being prima facie evidence
16 thereof.
17 (13) Violation of any provision of this Act or of
18 the Medical Practice Act prior to the repeal of that Act,
19 or violation of the rules, or a final administrative
20 action of the Director, after consideration of the
21 recommendation of the Disciplinary Board.
22 (14) Dividing with anyone other than physicians
23 with whom the licensee practices in a partnership,
24 Professional Association, limited liability company, or
25 Medical or Professional Corporation any fee, commission,
26 rebate or other form of compensation for any professional
27 services not actually and personally rendered. Nothing
28 contained in this subsection prohibits persons holding
29 valid and current licenses under this Act from practicing
30 medicine in partnership under a partnership agreement,
31 including a limited liability partnership, in a limited
32 liability company under the Limited Liability Company
33 Act, in a corporation authorized by the Medical
34 Corporation Act, as an association authorized by the
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1 Professional Association Act, or in a corporation under
2 the Professional Corporation Act or from pooling,
3 sharing, dividing or apportioning the fees and monies
4 received by them or by the partnership, corporation or
5 association in accordance with the partnership agreement
6 or the policies of the Board of Directors of the
7 corporation or association. Nothing contained in this
8 subsection prohibits 2 or more corporations authorized by
9 the Medical Corporation Act, from forming a partnership
10 or joint venture of such corporations, and providing
11 medical, surgical and scientific research and knowledge
12 by employees of these corporations if such employees are
13 licensed under this Act, or from pooling, sharing,
14 dividing, or apportioning the fees and monies received by
15 the partnership or joint venture in accordance with the
16 partnership or joint venture agreement. Nothing
17 contained in this subsection shall abrogate the right of
18 2 or more persons, holding valid and current licenses
19 under this Act, to each receive adequate compensation for
20 concurrently rendering professional services to a patient
21 and divide a fee; provided, the patient has full
22 knowledge of the division, and, provided, that the
23 division is made in proportion to the services performed
24 and responsibility assumed by each.
25 (15) A finding by the Medical Disciplinary Board
26 that the registrant after having his or her license
27 placed on probationary status or subjected to conditions
28 or restrictions violated the terms of the probation or
29 failed to comply with such terms or conditions.
30 (16) Abandonment of a patient.
31 (17) Prescribing, selling, administering,
32 distributing, giving or self-administering any drug
33 classified as a controlled substance (designated product)
34 or narcotic for other than medically accepted therapeutic
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1 purposes.
2 (18) Promotion of the sale of drugs, devices,
3 appliances or goods provided for a patient in such manner
4 as to exploit the patient for financial gain of the
5 physician.
6 (19) Offering, undertaking or agreeing to cure or
7 treat disease by a secret method, procedure, treatment or
8 medicine, or the treating, operating or prescribing for
9 any human condition by a method, means or procedure which
10 the licensee refuses to divulge upon demand of the
11 Department.
12 (20) Immoral conduct in the commission of any act
13 including, but not limited to, commission of an act of
14 sexual misconduct related to the licensee's practice.
15 (21) Wilfully making or filing false records or
16 reports in his or her practice as a physician, including,
17 but not limited to, false records to support claims
18 against the medical assistance program of the Department
19 of Public Aid under the Illinois Public Aid Code.
20 (22) Wilful omission to file or record, or wilfully
21 impeding the filing or recording, or inducing another
22 person to omit to file or record, medical reports as
23 required by law, or wilfully failing to report an
24 instance of suspected abuse or neglect as required by
25 law.
26 (23) Being named as a perpetrator in an indicated
27 report by the Department of Children and Family Services
28 under the Abused and Neglected Child Reporting Act, and
29 upon proof by clear and convincing evidence that the
30 licensee has caused a child to be an abused child or
31 neglected child as defined in the Abused and Neglected
32 Child Reporting Act.
33 (24) Solicitation of professional patronage by any
34 corporation, agents or persons, or profiting from those
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1 representing themselves to be agents of the licensee.
2 (25) Gross and wilful and continued overcharging
3 for professional services, including filing false
4 statements for collection of fees for which services are
5 not rendered, including, but not limited to, filing such
6 false statements for collection of monies for services
7 not rendered from the medical assistance program of the
8 Department of Public Aid under the Illinois Public Aid
9 Code.
10 (26) A pattern of practice or other behavior which
11 demonstrates incapacity or incompetence to practice under
12 this Act.
13 (27) Mental illness or disability which results in
14 the inability to practice under this Act with reasonable
15 judgment, skill or safety.
16 (28) Physical illness, including, but not limited
17 to, deterioration through the aging process, or loss of
18 motor skill which results in a physician's inability to
19 practice under this Act with reasonable judgment, skill
20 or safety.
21 (29) Cheating on or attempt to subvert the
22 licensing examinations administered under this Act.
23 (30) Wilfully or negligently violating the
24 confidentiality between physician and patient except as
25 required by law.
26 (31) The use of any false, fraudulent, or deceptive
27 statement in any document connected with practice under
28 this Act.
29 (32) Aiding and abetting an individual not licensed
30 under this Act in the practice of a profession licensed
31 under this Act.
32 (33) Violating state or federal laws or regulations
33 relating to controlled substances.
34 (34) Failure to report to the Department any
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1 adverse final action taken against them by another
2 licensing jurisdiction (any other state or any territory
3 of the United States or any foreign state or country), by
4 any peer review body, by any health care institution, by
5 any professional society or association related to
6 practice under this Act, by any governmental agency, by
7 any law enforcement agency, or by any court for acts or
8 conduct similar to acts or conduct which would constitute
9 grounds for action as defined in this Section.
10 (35) Failure to report to the Department surrender
11 of a license or authorization to practice as a medical
12 doctor, a doctor of osteopathy, a doctor of osteopathic
13 medicine, or doctor of chiropractic in another state or
14 jurisdiction, or surrender of membership on any medical
15 staff or in any medical or professional association or
16 society, while under disciplinary investigation by any of
17 those authorities or bodies, for acts or conduct similar
18 to acts or conduct which would constitute grounds for
19 action as defined in this Section.
20 (36) Failure to report to the Department any
21 adverse judgment, settlement, or award arising from a
22 liability claim related to acts or conduct similar to
23 acts or conduct which would constitute grounds for action
24 as defined in this Section.
25 (37) Failure to transfer copies of medical records
26 as required by law.
27 (38) Failure to furnish the Department, its
28 investigators or representatives, relevant information,
29 legally requested by the Department after consultation
30 with the Chief Medical Coordinator or the Deputy Medical
31 Coordinator.
32 (39) Violating the Health Care Worker Self-Referral
33 Act.
34 (40) Willful failure to provide notice when notice
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1 is required under the Parental Notice of Abortion Act of
2 1995.
3 (41) Failure to establish and maintain records of
4 patient care and treatment as required by this law.
5 (42) Entering into an excessive number of written
6 collaborative agreements with licensed advanced practice
7 nurses resulting in an inability to adequately
8 collaborate and provide medical direction.
9 (43) Repeated failure to adequately collaborate
10 with or provide medical direction to a licensed advanced
11 practice nurse.
12 (44) Violating the Woman's Right to Know Act.
13 All proceedings to suspend, revoke, place on probationary
14 status, or take any other disciplinary action as the
15 Department may deem proper, with regard to a license on any
16 of the foregoing grounds, must be commenced within 3 years
17 next after receipt by the Department of a complaint alleging
18 the commission of or notice of the conviction order for any
19 of the acts described herein. Except for the grounds
20 numbered (8), (9) and (29), no action shall be commenced more
21 than 5 years after the date of the incident or act alleged to
22 have violated this Section. In the event of the settlement
23 of any claim or cause of action in favor of the claimant or
24 the reduction to final judgment of any civil action in favor
25 of the plaintiff, such claim, cause of action or civil action
26 being grounded on the allegation that a person licensed under
27 this Act was negligent in providing care, the Department
28 shall have an additional period of one year from the date of
29 notification to the Department under Section 23 of this Act
30 of such settlement or final judgment in which to investigate
31 and commence formal disciplinary proceedings under Section 36
32 of this Act, except as otherwise provided by law. The time
33 during which the holder of the license was outside the State
34 of Illinois shall not be included within any period of time
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1 limiting the commencement of disciplinary action by the
2 Department.
3 The entry of an order or judgment by any circuit court
4 establishing that any person holding a license under this Act
5 is a person in need of mental treatment operates as a
6 suspension of that license. That person may resume their
7 practice only upon the entry of a Departmental order based
8 upon a finding by the Medical Disciplinary Board that they
9 have been determined to be recovered from mental illness by
10 the court and upon the Disciplinary Board's recommendation
11 that they be permitted to resume their practice.
12 The Department may refuse to issue or take disciplinary
13 action concerning the license of any person who fails to file
14 a return, or to pay the tax, penalty or interest shown in a
15 filed return, or to pay any final assessment of tax, penalty
16 or interest, as required by any tax Act administered by the
17 Illinois Department of Revenue, until such time as the
18 requirements of any such tax Act are satisfied as determined
19 by the Illinois Department of Revenue.
20 The Department, upon the recommendation of the
21 Disciplinary Board, shall adopt rules which set forth
22 standards to be used in determining:
23 (a) when a person will be deemed sufficiently
24 rehabilitated to warrant the public trust;
25 (b) what constitutes dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,
27 defraud, or harm the public;
28 (c) what constitutes immoral conduct in the
29 commission of any act, including, but not limited to,
30 commission of an act of sexual misconduct related to the
31 licensee's practice; and
32 (d) what constitutes gross negligence in the
33 practice of medicine.
34 However, no such rule shall be admissible into evidence
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1 in any civil action except for review of a licensing or other
2 disciplinary action under this Act.
3 In enforcing this Section, the Medical Disciplinary
4 Board, upon a showing of a possible violation, may compel any
5 individual licensed to practice under this Act, or who has
6 applied for licensure or a permit pursuant to this Act, to
7 submit to a mental or physical examination, or both, as
8 required by and at the expense of the Department. The
9 examining physician or physicians shall be those specifically
10 designated by the Disciplinary Board. The Medical
11 Disciplinary Board or the Department may order the examining
12 physician to present testimony concerning this mental or
13 physical examination of the licensee or applicant. No
14 information shall be excluded by reason of any common law or
15 statutory privilege relating to communication between the
16 licensee or applicant and the examining physician. The
17 individual to be examined may have, at his or her own
18 expense, another physician of his or her choice present
19 during all aspects of the examination. Failure of any
20 individual to submit to mental or physical examination, when
21 directed, shall be grounds for suspension of his or her
22 license until such time as the individual submits to the
23 examination if the Disciplinary Board finds, after notice and
24 hearing, that the refusal to submit to the examination was
25 without reasonable cause. If the Disciplinary Board finds a
26 physician unable to practice because of the reasons set forth
27 in this Section, the Disciplinary Board shall require such
28 physician to submit to care, counseling, or treatment by
29 physicians approved or designated by the Disciplinary Board,
30 as a condition for continued, reinstated, or renewed
31 licensure to practice. Any physician, whose license was
32 granted pursuant to Sections 9, 17, or 19 of this Act, or,
33 continued, reinstated, renewed, disciplined or supervised,
34 subject to such terms, conditions or restrictions who shall
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1 fail to comply with such terms, conditions or restrictions,
2 or to complete a required program of care, counseling, or
3 treatment, as determined by the Chief Medical Coordinator or
4 Deputy Medical Coordinators, shall be referred to the
5 Director for a determination as to whether the licensee shall
6 have their license suspended immediately, pending a hearing
7 by the Disciplinary Board. In instances in which the
8 Director immediately suspends a license under this Section, a
9 hearing upon such person's license must be convened by the
10 Disciplinary Board within 15 days after such suspension and
11 completed without appreciable delay. The Disciplinary Board
12 shall have the authority to review the subject physician's
13 record of treatment and counseling regarding the impairment,
14 to the extent permitted by applicable federal statutes and
15 regulations safeguarding the confidentiality of medical
16 records.
17 An individual licensed under this Act, affected under
18 this Section, shall be afforded an opportunity to demonstrate
19 to the Disciplinary Board that they can resume practice in
20 compliance with acceptable and prevailing standards under the
21 provisions of their license.
22 The Department may promulgate rules for the imposition of
23 fines in disciplinary cases, not to exceed $5,000 for each
24 violation of this Act. Fines may be imposed in conjunction
25 with other forms of disciplinary action, but shall not be the
26 exclusive disposition of any disciplinary action arising out
27 of conduct resulting in death or injury to a patient. Any
28 funds collected from such fines shall be deposited in the
29 Medical Disciplinary Fund.
30 (B) The Department shall revoke the license or visiting
31 permit of any person issued under this Act to practice
32 medicine or to treat human ailments without the use of drugs
33 and without operative surgery, who has been convicted a
34 second time of committing any felony under the Illinois
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1 Controlled Substances Act, or who has been convicted a second
2 time of committing a Class 1 felony under Sections 8A-3 and
3 8A-6 of the Illinois Public Aid Code. A person whose license
4 or visiting permit is revoked under this subsection B of
5 Section 22 of this Act shall be prohibited from practicing
6 medicine or treating human ailments without the use of drugs
7 and without operative surgery.
8 (C) The Medical Disciplinary Board shall recommend to
9 the Department civil penalties and any other appropriate
10 discipline in disciplinary cases when the Board finds that a
11 physician willfully performed an abortion with actual
12 knowledge that the person upon whom the abortion has been
13 performed is a minor or an incompetent person without notice
14 as required under the Parental Notice of Abortion Act of
15 1995. Upon the Board's recommendation, the Department shall
16 impose, for the first violation, a civil penalty of $1,000
17 and for a second or subsequent violation, a civil penalty of
18 $5,000.
19 (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96;
20 89-626, eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff.
21 8-13-98.)
22 Section 199. Effective date. This Act takes effect 90
23 days after becoming law.