State of Illinois
92nd General Assembly
Legislation

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92_HB3102

 
                                               LRB9200937ACcd

 1        AN  ACT  to  amend  the  Medical  Practice Act of 1987 by
 2    adding Section 53.5.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The Medical Practice Act of 1987 is amended
 6    by adding Section 53.5 as follows:

 7        (225 ILCS 60/53.5 new)
 8        Sec. 53.5.  Prohibition  on  restrictive  covenants.   No
 9    person  shall  participate in offering or making an agreement
10    that solely restricts the rights of a licensed  physician  to
11    practice  medicine  or chiropractic for a specified period of
12    time  or  in  a  specified  area  after  termination  of  any
13    relationship.   Reasonable  geographic  or  time  limits   on
14    restricting  practice  and  financial  agreements  concerning
15    liquidated  damage  payments for terminating any relationship
16    or any benefits upon retirement are permissible provided  the
17    physician  is permitted to choose between restricted practice
18    or damage payments at the time of termination.  Such monetary
19    agreements  may  include  payment  of  specified   liquidated
20    damages if the physician terminates the relationship prior to
21    the  end  of  a  specified  reasonable  period of time not to
22    exceed 2 years.  This Section applies only  to  relationships
23    entered  into  or  renewed  on  or  after  June  30, 2001.  A
24    violation of this Section is a petty offense punishable by  a
25    fine  of  up to $1,000 for the first violation and a business
26    offense punishable by a fine of up to $5,000 for a second  or
27    subsequent violation.

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.

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