Bill Text: IL SB1221 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Medical Practice Act of 1987 from December 31, 2019 to January 1, 2025. Amends the Medical Practice Act of 1987. Removes obsolete language regarding certain transfers of money from the Illinois State Medical Disciplinary Fund to the Local Government Tax Fund. In provisions concerning disposition and collection of fees, removes language imposing fees for wall certificates and for the rosters of persons licensed as physicians. Provides that notice of certain proceedings before the Department of Financial and Professional Regulation or the Medical Disciplinary Board may be served by personal delivery, email to the respondent's email address of record, or mail to the respondent's address of record (rather than by personal delivery or by certified or registered mail). Provides that hearing officers may administer oaths at any hearing that the Medical Disciplinary Board or Department is authorized by law to conduct. Adds the report of the hearing officer and exhibits to the list of items that constitute the record of the proceedings for a hearing involving disciplinary action. Removes language requiring the Department to furnish a copy of the record to any person interested in the hearing and to provide the name and contact information for the certified shorthand reporter who transcribed the testimony. Requires the Disciplinary Board to serve to an accused person a written report of the Medical Disciplinary Board's findings and recommendations either personally or by mail or email (rather than personally or by registered or certified mail). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0316 [SB1221 Detail]

Download: Illinois-2019-SB1221-Chaptered.html



Public Act 101-0316
SB1221 EnrolledLRB101 04971 JRG 49980 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.32 as follows:
(5 ILCS 80/4.32)
Sec. 4.32. Acts repealed on January 1, 2022. The following
Acts are repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Collateral Recovery Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Medical Practice Act of 1987.
The Registered Interior Designers Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 100-920, eff. 8-17-18.)
(5 ILCS 80/4.29 rep.)
Section 10. The Regulatory Sunset Act is amended by
repealing Section 4.29.
Section 15. The Medical Practice Act of 1987 is amended by
changing Sections 21, 36, 38, 39, and 40 as follows:
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on December 31, 2019)
Sec. 21. License renewal; reinstatement; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall attempt to provide through electronic
means to each licensee under this Act, at least 60 days in
advance of the expiration date of his or her license, a renewal
notice. No such license shall be deemed to have lapsed until 90
days after the expiration date and after the Department has
attempted to provide such notice as herein provided.
(B) Reinstatement. Any licensee who has permitted his or
her license to lapse or who has had his or her license on
inactive status may have his or her license reinstated by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have the
license reinstated, including evidence certifying to active
practice in another jurisdiction satisfactory to the
Department, proof of meeting the continuing education
requirements for one renewal period, and by paying the required
reinstatement fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of a practical examination specified by the
Licensing Board.
However, any registrant whose license has expired while he
or she has been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, the Public Health
Service or the State Militia called into the service or
training of the United States of America, or (b) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license reinstated without paying any lapsed renewal
fees, if within 2 years after honorable termination of such
service, training, or education, he or she furnishes to the
Department with satisfactory evidence to the effect that he or
she has been so engaged and that his or her service, training,
or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the Department
in writing of his or her desire to resume active status.
Any licensee requesting reinstatement from inactive status
shall be required to pay the current renewal fee, provide proof
of meeting the continuing education requirements for the period
of time the license is inactive not to exceed one renewal
period, and shall be required to reinstate his or her license
as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited in the
Illinois State Medical Disciplinary Fund in the State Treasury,
and used only for the following purposes: (a) by the
Disciplinary Board and Licensing Board in the exercise of its
powers and performance of its duties, as such use is made by
the Department with full consideration of all recommendations
of the Disciplinary Board and Licensing Board, (b) for costs
directly related to persons licensed under this Act, and (c)
for direct and allocable indirect costs related to the public
purposes of the Department.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-300).
The State Comptroller shall order and the State Treasurer
shall transfer an amount equal to $1,100,000 from the Illinois
State Medical Disciplinary Fund to the Local Government Tax
Fund on each of the following dates: July 1, 2014, October 1,
2014, January 1, 2015, July 1, 2017, October 1, 2017, and
January 1, 2018. These transfers shall constitute repayment of
the $6,600,000 transfer made under Section 6z-18 of the State
Finance Act.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited in
the Illinois State Medical Disciplinary Fund and shall be used
for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required to
pay, either to the Department or to the designated testing
service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) Before July 1, 2018, the fee for a license under
Section 9 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 9 of this Act is $500.
(3) Before July 1, 2018, the fee for a license under
Section 19 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 19 of this Act is $500.
(4) Before July 1, 2018, the fee for the renewal of a
license for a resident of Illinois shall be calculated at
the rate of $230 per year, and beginning on July 1, 2018,
the fee for the renewal of a license shall be $167, except
for licensees who were issued a license within 12 months of
the expiration date of the license, before July 1, 2018,
the fee for the renewal shall be $230, and beginning on
July 1, 2018 that fee will be $167. Before July 1, 2018,
the fee for the renewal of a license for a nonresident
shall be calculated at the rate of $460 per year, and
beginning on July 1, 2018, the fee for the renewal of a
license for a nonresident shall be $250, except for
licensees who were issued a license within 12 months of the
expiration date of the license, before July 1, 2018, the
fee for the renewal shall be $460, and beginning on July 1,
2018 that fee will be $250.
(5) The fee for the reinstatement of a license other
than from inactive status, is $230. In addition, payment of
all lapsed renewal fees not to exceed $1,400 is required.
(6) The fee for a 3-year temporary license under
Section 17 is $230.
(7) The fee for the issuance of a duplicate license,
for the issuance of a replacement license for a license
which has been lost or destroyed, or for the issuance of a
license with a change of name or address other than during
the renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(10) The fee to be paid by a licensee for a wall
certificate showing his or her license shall be the actual
cost of producing the certificate as determined by the
Department.
(11) The fee for a roster of persons licensed as
physicians in this State shall be the actual cost of
producing such a roster as determined by the Department.
(F) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or permit or deny the application, without hearing. If,
after termination or denial, the person seeks a license or
permit, he or she shall apply to the Department for
reinstatement or issuance of the license or permit and pay all
fees and fines due to the Department. The Department may
establish a fee for the processing of an application for
reinstatement of a license or permit to pay all expenses of
processing this application. The Secretary may waive the fines
due under this Section in individual cases where the Secretary
finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14;
99-909, eff. 12-16-16.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on December 31, 2019)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Disciplinary Board or upon the verified complaint in writing of
any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions of
any person, so accused, who holds or represents that he or she
holds they hold a license. Such person is hereinafter called
the accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Disciplinary Board, direct him or her them to file his or
her their written answer thereto to the Disciplinary Board
under oath within 20 days after the service on him or her them
of such notice and inform him or her them that if he or she
fails they fail to file such answer default will be taken
against him or her them and his or her their license may be
suspended, revoked, placed on probationary status, or have
other disciplinary action, including limiting the scope,
nature or extent of his or her their practice, as the
Department may deem proper taken with regard thereto. The
Department shall, at least 14 days prior to the date set for
the hearing, notify in writing any person who filed a complaint
against the accused of the time and place for the hearing of
the charges against the accused before the Disciplinary Board
and inform such person whether he or she may provide testimony
at the hearing.
(c) Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a wilful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in
Illinois.
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's delivery of the same, personally, to the accused
person, or by mailing the same by registered or certified mail
to the accused person's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure, except that the Department
may disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense or,
in the case of disclosure to a health care licensing body, only
for investigations and disciplinary action proceedings with
regard to a license issued by that licensing body.
(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
98-1140, eff. 12-30-14.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on December 31, 2019)
Sec. 38. Subpoena; oaths.
(a) The Disciplinary Board or Department has power to
subpoena and bring before it any person in this State and to
take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as is
prescribed by law for judicial procedure in civil cases.
(b) The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or is
occurring, may subpoena the medical and hospital records of
individual patients of physicians licensed under this Act,
provided, that prior to the submission of such records to the
Disciplinary Board, all information indicating the identity of
the patient shall be removed and deleted. Notwithstanding the
foregoing, the Disciplinary Board and Department shall possess
the power to subpoena copies of hospital or medical records in
mandatory report cases under Section 23 alleging death or
permanent bodily injury when consent to obtain records is not
provided by a patient or legal representative. Prior to
submission of the records to the Disciplinary Board, all
information indicating the identity of the patient shall be
removed and deleted. All medical records and other information
received pursuant to subpoena shall be confidential and shall
be afforded the same status as is proved information concerning
medical studies in Part 21 of Article VIII of the Code of Civil
Procedure. The use of such records shall be restricted to
members of the Disciplinary Board, the medical coordinators,
and appropriate staff of the Department designated by the
Disciplinary Board for the purpose of determining the existence
of one or more grounds for discipline of the physician as
provided for by Section 22 of this Act. Any such review of
individual patients' records shall be conducted by the
Disciplinary Board in strict confidentiality, provided that
such patient records shall be admissible in a disciplinary
hearing, before the Disciplinary Board, when necessary to
substantiate the grounds for discipline alleged against the
physician licensed under this Act, and provided further, that
nothing herein shall be deemed to supersede the provisions of
Part 21 of Article VIII of the "Code of Civil Procedure", as
now or hereafter amended, to the extent applicable.
(c) The Secretary, hearing officer, and any member of the
Disciplinary Board each have power to administer oaths at any
hearing which the Disciplinary Board or Department is
authorized by law to conduct.
(d) The Disciplinary Board, upon a determination that
probable cause exists that a violation of one or more of the
grounds for discipline listed in Section 22 has occurred or is
occurring on the business premises of a physician licensed
under this Act, may issue an order authorizing an appropriately
qualified investigator employed by the Department to enter upon
the business premises with due consideration for patient care
of the subject of the investigation so as to inspect the
physical premises and equipment and furnishings therein. No
such order shall include the right of inspection of business,
medical, or personnel records located on the premises. For
purposes of this Section, "business premises" is defined as the
office or offices where the physician conducts the practice of
medicine. Any such order shall expire and become void five
business days after its issuance by the Disciplinary Board. The
execution of any such order shall be valid only during the
normal business hours of the facility or office to be
inspected.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
(Section scheduled to be repealed on December 31, 2019)
Sec. 39. Certified shorthand reporter; record. The
Department, at its expense, shall provide a certified shorthand
reporter to take down the testimony and preserve a record of
all proceedings at the hearing of any case wherein a license
may be revoked, suspended, placed on probationary status, or
other disciplinary action taken with regard thereto in
accordance with Section 2105-115 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the hearing officer, exhibits, the report of the Licensing
Board, and the orders of the Department constitute the record
of the proceedings. The Department shall furnish a copy of the
record to any person interested in such hearing upon payment of
the fee required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115). The
Department may contract for court reporting services, and, in
the event it does so, the Department shall provide the name and
contact information for the certified shorthand reporter who
transcribed the testimony at a hearing to any person
interested, who may obtain a copy of the record of any
proceedings at a hearing upon payment of the fee specified by
the certified shorthand reporter. This charge is in addition to
any fee charged by the Department for certifying the record.
(Source: P.A. 100-429, eff. 8-25-17.)
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
(Section scheduled to be repealed on December 31, 2019)
Sec. 40. Findings and recommendations; rehearing.
(a) The Disciplinary Board shall present to the Secretary a
written report of its findings and recommendations. A copy of
such report shall be served upon the accused person, either
personally or by registered or certified mail or email. Within
20 days after such service, the accused person may present to
the Department his or her their motion, in writing, for a
rehearing, which written motion shall specify the particular
ground therefor. If the accused person orders and pays for a
transcript of the record as provided in Section 39, the time
elapsing thereafter and before such transcript is ready for
delivery to them shall not be counted as part of such 20 days.
(b) At the expiration of the time allowed for filing a
motion for rehearing, the Secretary may take the action
recommended by the Disciplinary Board. Upon the suspension,
revocation, placement on probationary status, or the taking of
any other disciplinary action, including the limiting of the
scope, nature, or extent of one's practice, deemed proper by
the Department, with regard to the license or permit, the
accused shall surrender his or her their license or permit to
the Department, if ordered to do so by the Department, and upon
his or her their failure or refusal so to do, the Department
may seize the same.
(c) Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement of
the ground or grounds upon which the Department's action is
based, as well as the specific terms and conditions of such
action. This document shall be retained as a permanent record
by the Disciplinary Board and the Secretary.
(d) The Department shall at least annually publish a list
of the names of all persons disciplined under this Act in the
preceding 12 months. Such lists shall be available by the
Department on its website.
(e) In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a physician's physical illness, including, but not
limited to, deterioration through the aging process, or loss of
motor skill which results in a physician's inability to
practice medicine with reasonable judgment, skill, or safety,
the Department shall only permit this document, and the record
of the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
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