Bill Text: IL SB1221 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.35 as follows:
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6 | (5 ILCS 80/4.35) | ||||||
7 | Sec. 4.35. Acts Act repealed on January 1, 2025. The | ||||||
8 | following Acts are Act is repealed on January 1, 2025: | ||||||
9 | The Genetic Counselor Licensing Act.
| ||||||
10 | The Medical Practice Act of 1987. | ||||||
11 | (Source: P.A. 98-813, eff. 1-1-15 .)
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12 | (5 ILCS 80/4.29 rep.) | ||||||
13 | Section 10. The Regulatory Sunset Act is amended by | ||||||
14 | repealing Section 4.29.
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15 | Section 15. The Medical Practice Act of 1987 is amended by | ||||||
16 | changing Sections 21, 36, 38, 39, and 40 as follows:
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17 | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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18 | (Section scheduled to be repealed on December 31, 2019)
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19 | Sec. 21. License renewal; reinstatement; inactive status; | ||||||
20 | disposition and
collection of fees. |
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1 | (A) Renewal. The expiration date and renewal period for | ||||||
2 | each
license issued under this Act shall be set by rule. The | ||||||
3 | holder of a
license may renew the license by paying the | ||||||
4 | required fee. The
holder of a
license may also renew the | ||||||
5 | license within 90 days after its expiration by
complying with | ||||||
6 | the requirements for renewal and payment of an additional
fee. | ||||||
7 | A license renewal within 90 days after expiration shall be | ||||||
8 | effective
retroactively to the expiration date.
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9 | The Department shall attempt to provide through electronic | ||||||
10 | means to each licensee under this Act, at least 60 days in | ||||||
11 | advance of the expiration date of his or her license, a renewal | ||||||
12 | notice. No such license shall be deemed to have lapsed until 90 | ||||||
13 | days after the expiration date and after the Department has | ||||||
14 | attempted to provide such notice as herein provided. | ||||||
15 | (B) Reinstatement. Any licensee who has permitted his or | ||||||
16 | her
license to lapse or who has had his or her license on | ||||||
17 | inactive
status may have his or her license reinstated by | ||||||
18 | making application
to the Department and filing proof | ||||||
19 | acceptable to the
Department of his or her fitness to have the
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20 | license reinstated,
including evidence certifying to active | ||||||
21 | practice in another
jurisdiction satisfactory to the | ||||||
22 | Department, proof of meeting the continuing
education | ||||||
23 | requirements for one renewal period, and by paying
the required | ||||||
24 | reinstatement fee.
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25 | If the licensee has not maintained an active practice
in | ||||||
26 | another jurisdiction satisfactory to the Department, the
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1 | Licensing Board shall determine, by an evaluation program
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2 | established by rule, the applicant's fitness to resume active
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3 | status
and may require the licensee to complete a period of
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4 | evaluated clinical experience and may require successful
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5 | completion of a practical examination specified by the | ||||||
6 | Licensing Board.
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7 | However, any registrant whose license has expired while
he | ||||||
8 | or she has been engaged (a) in Federal Service on active
duty
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9 | with the Army of the United States, the United States Navy,
the | ||||||
10 | Marine Corps, the Air Force, the Coast Guard, the Public
Health | ||||||
11 | Service or the State Militia called into the service
or | ||||||
12 | training of the United States of America, or (b) in
training or | ||||||
13 | education under the supervision of the United
States | ||||||
14 | preliminary to induction into the military service,
may have | ||||||
15 | his or her license reinstated without paying
any lapsed renewal | ||||||
16 | fees, if within 2 years after honorable
termination of such | ||||||
17 | service, training, or education, he or she
furnishes to the | ||||||
18 | Department with satisfactory evidence to the
effect that he or | ||||||
19 | she has been so engaged and that his or
her
service, training, | ||||||
20 | or education has been so terminated.
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21 | (C) Inactive licenses. Any licensee who notifies the
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22 | Department, in writing on forms prescribed by the
Department, | ||||||
23 | may elect to place his or her license on an inactive
status and | ||||||
24 | shall, subject to rules of the Department, be
excused from | ||||||
25 | payment of renewal fees until he or she notifies the
Department | ||||||
26 | in writing of his or her desire to resume active
status.
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1 | Any licensee requesting reinstatement from inactive
status | ||||||
2 | shall be required to pay the current renewal fee, provide proof | ||||||
3 | of
meeting the continuing education requirements for the period | ||||||
4 | of time the
license is inactive not to exceed one renewal | ||||||
5 | period, and
shall be required to reinstate his or her license | ||||||
6 | as provided
in
subsection (B).
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7 | Any licensee whose license is in an inactive status
shall | ||||||
8 | not practice in the State of Illinois.
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9 | (D) Disposition of monies collected. All monies
collected | ||||||
10 | under this Act by the Department shall be
deposited in the | ||||||
11 | Illinois State Medical Disciplinary Fund in
the State Treasury, | ||||||
12 | and used only for the following
purposes: (a) by the | ||||||
13 | Disciplinary
Board and Licensing Board in the exercise of its | ||||||
14 | powers and performance of its
duties, as such use is made by | ||||||
15 | the Department with full
consideration of all recommendations | ||||||
16 | of the
Disciplinary Board and Licensing Board, (b) for costs | ||||||
17 | directly related to
persons licensed under this Act, and (c) | ||||||
18 | for direct and allocable indirect
costs related to the public | ||||||
19 | purposes of the Department.
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20 | Moneys in the Fund may be transferred to the Professions | ||||||
21 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
22 | Department of Professional
Regulation Law of the Civil | ||||||
23 | Administrative Code of Illinois (20 ILCS 2105/2105-300) .
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24 | The State Comptroller shall order and the State Treasurer | ||||||
25 | shall transfer an amount equal to $1,100,000 from the Illinois | ||||||
26 | State Medical Disciplinary Fund to the Local Government Tax |
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1 | Fund on each of the following dates: July 1, 2014, October 1, | ||||||
2 | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and | ||||||
3 | January 1, 2018. These transfers shall constitute repayment of | ||||||
4 | the $6,600,000 transfer made under Section 6z-18 of the State | ||||||
5 | Finance Act. | ||||||
6 | All earnings received from investment of monies in the
| ||||||
7 | Illinois State Medical Disciplinary Fund shall be deposited
in | ||||||
8 | the Illinois State Medical Disciplinary Fund and shall be
used | ||||||
9 | for the same purposes as fees deposited in such Fund.
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10 | (E) Fees. The following fees are nonrefundable.
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11 | (1) Applicants for any examination shall be required
to | ||||||
12 | pay, either to the Department or to the designated
testing | ||||||
13 | service, a fee covering the cost of determining the
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14 | applicant's eligibility and providing the examination.
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15 | Failure to appear for the examination on the scheduled | ||||||
16 | date,
at the time and place specified, after the | ||||||
17 | applicant's
application for examination has been received | ||||||
18 | and
acknowledged by the Department or the designated | ||||||
19 | testing
service, shall result in the forfeiture of the | ||||||
20 | examination
fee.
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21 | (2) Before July 1, 2018, the fee for a license under | ||||||
22 | Section 9 of this Act
is $700. Beginning on July 1, 2018, | ||||||
23 | the fee for a license under Section 9 of this Act is $500.
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24 | (3) Before July 1, 2018, the fee for a license under | ||||||
25 | Section 19 of this Act
is $700. Beginning on July 1, 2018, | ||||||
26 | the fee for a license under Section 19 of this Act is $500.
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1 | (4) Before July 1, 2018, the fee for the renewal of a | ||||||
2 | license for a resident of Illinois
shall be calculated at | ||||||
3 | the rate of $230 per year, and beginning on July 1, 2018, | ||||||
4 | the fee for the renewal of a license shall be $167, except | ||||||
5 | for licensees
who were issued a license within 12 months of | ||||||
6 | the expiration date of the
license, before July 1, 2018, | ||||||
7 | the fee for the renewal shall be $230, and beginning on | ||||||
8 | July 1, 2018 that fee will be $167. Before July 1, 2018, | ||||||
9 | the fee for the renewal
of a license for a nonresident | ||||||
10 | shall be calculated at the rate of $460 per
year, and | ||||||
11 | beginning on July 1, 2018, the fee for the renewal of a | ||||||
12 | license for a nonresident shall be $250, except for | ||||||
13 | licensees
who were issued a license within 12 months of the | ||||||
14 | expiration date of the
license, before July 1, 2018, the | ||||||
15 | fee for the renewal shall be $460, and beginning on July 1, | ||||||
16 | 2018 that fee will be $250.
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17 | (5) The fee for the reinstatement of a license other
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18 | than from inactive status, is $230. In addition, payment of | ||||||
19 | all
lapsed renewal fees not to exceed $1,400 is required.
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20 | (6) The fee for a 3-year temporary license under
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21 | Section 17 is $230.
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22 | (7) The fee for the issuance of a duplicate license,
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23 | for the issuance of a replacement license for a license
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24 | which has been lost or destroyed, or for the issuance of a
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25 | license with a change of name or address other than during
| ||||||
26 | the renewal period is $20. No fee is required for name and
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1 | address changes on Department records when no duplicate
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2 | license is issued.
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3 | (8) The fee to be paid for a license record for any
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4 | purpose is $20.
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5 | (9) The fee to be paid to have the scoring of an
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6 | examination, administered by the Department, reviewed and
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7 | verified, is $20 plus any fees charged by the applicable
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8 | testing service.
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9 | (10) The fee to be paid by a licensee for a wall
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10 | certificate showing his or her license shall be the actual | ||||||
11 | cost
of producing the certificate as determined by the | ||||||
12 | Department.
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13 | (11) The fee for a roster of persons licensed as
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14 | physicians in this State shall be the actual cost of
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15 | producing such a roster as determined by the Department.
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16 | (F) Any person who delivers a check or other payment to the | ||||||
17 | Department that
is returned to the Department unpaid by the | ||||||
18 | financial institution upon
which it is drawn shall pay to the | ||||||
19 | Department, in addition to the amount
already owed to the | ||||||
20 | Department, a fine of $50. The fines imposed by this Section | ||||||
21 | are in addition
to any other discipline provided under this Act | ||||||
22 | for unlicensed
practice or practice on a nonrenewed license. | ||||||
23 | The Department shall notify
the person that payment of fees and | ||||||
24 | fines shall be paid to the Department
by certified check or | ||||||
25 | money order within 30 calendar days of the
notification. If, | ||||||
26 | after the expiration of 30 days from the date of the
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1 | notification, the person has failed to submit the necessary | ||||||
2 | remittance, the
Department shall automatically terminate the | ||||||
3 | license or permit or deny
the application, without hearing. If, | ||||||
4 | after termination or denial, the
person seeks a license or | ||||||
5 | permit, he or she shall apply to the
Department for | ||||||
6 | reinstatement or issuance of the license or permit and
pay all | ||||||
7 | fees and fines due to the Department. The Department may | ||||||
8 | establish
a fee for the processing of an application for | ||||||
9 | reinstatement of a license or permit
to pay all expenses of | ||||||
10 | processing this application. The Secretary
may waive the fines | ||||||
11 | due under this Section in individual cases where the
Secretary | ||||||
12 | finds that the fines would be unreasonable or unnecessarily
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13 | burdensome.
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14 | (Source: P.A. 98-3, eff. 3-8-13; 98-1140, eff. 12-30-14; | ||||||
15 | 99-909, eff. 12-16-16 .)
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16 | (225 ILCS 60/36) (from Ch. 111, par. 4400-36)
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17 | (Section scheduled to be repealed on December 31, 2019)
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18 | Sec. 36. Investigation; notice. | ||||||
19 | (a) Upon the motion of either the Department
or the | ||||||
20 | Disciplinary Board or upon the verified complaint in
writing of | ||||||
21 | any person setting forth facts which, if proven,
would | ||||||
22 | constitute grounds for suspension or revocation under
Section | ||||||
23 | 22 of this Act, the Department shall investigate the
actions of | ||||||
24 | any person, so accused, who holds or represents
that he or she | ||||||
25 | holds they hold a license. Such person is hereinafter called
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1 | the accused.
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2 | (b) The Department shall, before suspending, revoking,
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3 | placing on probationary status, or taking any other
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4 | disciplinary action as the Department may deem proper with
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5 | regard to any license at least 30 days prior to the date set
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6 | for the hearing, notify the accused in writing of any
charges | ||||||
7 | made and the time and place for a hearing of the
charges before | ||||||
8 | the Disciplinary Board, direct him or her them to file his or | ||||||
9 | her
their written answer thereto to the Disciplinary Board | ||||||
10 | under
oath within 20 days after the service on him or her them | ||||||
11 | of such notice
and inform him or her them that if he or she | ||||||
12 | fails they fail to file such answer
default will be taken | ||||||
13 | against him or her them and his or her their license may be
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14 | suspended, revoked, placed on probationary status, or have
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15 | other disciplinary action, including limiting the scope,
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16 | nature or extent of his or her their practice, as the | ||||||
17 | Department may
deem proper taken with regard thereto. The | ||||||
18 | Department shall, at least 14 days prior to the date set for | ||||||
19 | the hearing, notify in writing any person who filed a complaint | ||||||
20 | against the accused of the time and place for the hearing of | ||||||
21 | the charges against the accused before the Disciplinary Board | ||||||
22 | and inform such person whether he or she may provide testimony | ||||||
23 | at the hearing.
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24 | (c) Where a physician has been found, upon complaint and
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25 | investigation of the Department, and after hearing, to have
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26 | performed an abortion procedure in a wilful and wanton
manner |
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1 | upon a woman who was not pregnant at the time such
abortion | ||||||
2 | procedure was performed, the Department shall
automatically | ||||||
3 | revoke the license of such physician to
practice medicine in | ||||||
4 | Illinois.
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5 | (d) Such written notice and any notice in such proceedings
| ||||||
6 | thereafter may be served by personal delivery, email to the | ||||||
7 | respondent's email address of record, or mail to the | ||||||
8 | respondent's delivery of the same,
personally, to the accused | ||||||
9 | person, or by mailing the same by
registered or certified mail | ||||||
10 | to the accused person's address of record.
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11 | (e) All information gathered by the Department during its | ||||||
12 | investigation
including information subpoenaed
under Section | ||||||
13 | 23 or 38 of this Act and the investigative file shall be kept | ||||||
14 | for
the confidential use of the Secretary, Disciplinary Board, | ||||||
15 | the Medical
Coordinators, persons employed by contract to | ||||||
16 | advise the Medical Coordinator or
the Department, the
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17 | Disciplinary Board's attorneys, the medical investigative | ||||||
18 | staff, and authorized
clerical staff, as provided in this Act | ||||||
19 | and shall be afforded the same status
as is provided | ||||||
20 | information concerning medical studies in Part 21 of Article
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21 | VIII of the Code of Civil Procedure, except that the Department | ||||||
22 | may disclose information and documents to a federal, State, or | ||||||
23 | local law enforcement agency pursuant to a subpoena in an | ||||||
24 | ongoing criminal investigation to a health care licensing body | ||||||
25 | of this State or another state or jurisdiction pursuant to an | ||||||
26 | official request made by that licensing body. Furthermore, |
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1 | information and documents disclosed to a federal, State, or | ||||||
2 | local law enforcement agency may be used by that agency only | ||||||
3 | for the investigation and prosecution of a criminal offense or, | ||||||
4 | in the case of disclosure to a health care licensing body, only | ||||||
5 | for investigations and disciplinary action proceedings with | ||||||
6 | regard to a license issued by that licensing body.
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7 | (Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11; | ||||||
8 | 98-1140, eff. 12-30-14 .)
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9 | (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
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10 | (Section scheduled to be repealed on December 31, 2019)
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11 | Sec. 38. Subpoena; oaths. | ||||||
12 | (a) The Disciplinary Board or Department has
power to | ||||||
13 | subpoena and bring before it any person in this
State and to | ||||||
14 | take testimony either orally or by deposition,
or both, with | ||||||
15 | the same fees and mileage and in the same
manner as is | ||||||
16 | prescribed by law for judicial procedure in
civil cases.
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17 | (b) The Disciplinary Board, upon a determination that
| ||||||
18 | probable cause exists that a violation of one or more of the
| ||||||
19 | grounds for discipline listed in Section 22 has occurred or
is | ||||||
20 | occurring, may subpoena the medical and hospital records
of | ||||||
21 | individual patients of physicians licensed under this
Act, | ||||||
22 | provided, that prior to the submission of such records
to the | ||||||
23 | Disciplinary Board, all information indicating the
identity of | ||||||
24 | the patient shall be removed and deleted.
Notwithstanding the | ||||||
25 | foregoing, the Disciplinary Board and Department shall
possess |
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1 | the power to subpoena copies of hospital or medical records in
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2 | mandatory report cases under Section 23 alleging death or | ||||||
3 | permanent bodily
injury when consent to obtain records is not | ||||||
4 | provided by a patient or legal
representative. Prior to | ||||||
5 | submission of the records to the Disciplinary Board,
all
| ||||||
6 | information indicating the identity of the patient shall be | ||||||
7 | removed and
deleted. All
medical records and other information | ||||||
8 | received pursuant to subpoena shall
be
confidential and shall | ||||||
9 | be afforded the same status as is proved information
concerning | ||||||
10 | medical studies in Part 21 of Article VIII of the Code of Civil
| ||||||
11 | Procedure.
The
use of such records shall be restricted to | ||||||
12 | members of the
Disciplinary Board, the medical coordinators, | ||||||
13 | and
appropriate staff of the Department designated
by the | ||||||
14 | Disciplinary Board for the
purpose of determining the existence | ||||||
15 | of one or more grounds
for discipline of the physician as | ||||||
16 | provided for by Section
22 of this Act. Any such review of | ||||||
17 | individual patients'
records shall be conducted by the | ||||||
18 | Disciplinary Board in
strict confidentiality, provided that | ||||||
19 | such patient records
shall be admissible in a disciplinary | ||||||
20 | hearing, before the
Disciplinary Board, when necessary to | ||||||
21 | substantiate the
grounds for discipline alleged against the | ||||||
22 | physician
licensed under this Act, and provided further, that | ||||||
23 | nothing
herein shall be deemed to supersede the provisions of | ||||||
24 | Part
21 of Article VIII of the "Code of Civil Procedure", as | ||||||
25 | now
or hereafter amended, to the extent applicable.
| ||||||
26 | (c) The Secretary, hearing officer, and any member of the |
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| |||||||
1 | Disciplinary Board
each have power to administer oaths at any | ||||||
2 | hearing which the
Disciplinary Board or Department is | ||||||
3 | authorized by law to
conduct.
| ||||||
4 | (d) The Disciplinary Board, upon a determination that
| ||||||
5 | probable cause exists that a violation of one or more of the
| ||||||
6 | grounds for discipline listed in Section 22 has occurred or
is | ||||||
7 | occurring on the business premises of a physician
licensed | ||||||
8 | under this Act, may issue an order authorizing an
appropriately | ||||||
9 | qualified investigator employed by the
Department to enter upon | ||||||
10 | the business premises with due
consideration for patient care | ||||||
11 | of the subject of the
investigation so as to inspect the | ||||||
12 | physical premises and
equipment and furnishings therein. No | ||||||
13 | such order shall
include the right of inspection of business, | ||||||
14 | medical, or
personnel records located on the premises. For | ||||||
15 | purposes of
this Section, "business premises" is defined as the | ||||||
16 | office
or offices where the physician conducts the practice of
| ||||||
17 | medicine. Any such order shall expire and become void five
| ||||||
18 | business days after its issuance by the Disciplinary Board.
The | ||||||
19 | execution of any such order shall be valid only during
the | ||||||
20 | normal business hours of the facility or office to be
| ||||||
21 | inspected.
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22 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
23 | (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
| ||||||
24 | (Section scheduled to be repealed on December 31, 2019)
| ||||||
25 | Sec. 39. Certified shorthand reporter; record. The |
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| |||||||
1 | Department, at its expense, shall
provide a certified shorthand | ||||||
2 | reporter to take down the testimony and
preserve a record of | ||||||
3 | all proceedings at the hearing of any
case wherein a license | ||||||
4 | may be revoked, suspended, placed on
probationary status, or | ||||||
5 | other disciplinary action taken with
regard thereto. The notice | ||||||
6 | of hearing, complaint and all
other documents in the nature of | ||||||
7 | pleadings and written
motions filed in the proceedings, the | ||||||
8 | transcript of
testimony, the report of the hearing officer, | ||||||
9 | exhibits, the report of the Licensing Board , and the orders
of | ||||||
10 | the Department constitute the record of the proceedings.
The | ||||||
11 | Department shall furnish a copy of the record to
any person | ||||||
12 | interested in such hearing upon payment of the fee required
| ||||||
13 | under Section 2105-115 of the Department of Professional | ||||||
14 | Regulation
Law (20 ILCS 2105/2105-115). The Department may | ||||||
15 | contract for court reporting services, and, in the event it | ||||||
16 | does so, the Department shall provide the name and contact | ||||||
17 | information for the certified shorthand reporter who | ||||||
18 | transcribed the testimony at a hearing to any person | ||||||
19 | interested, who may obtain a copy of the record of any | ||||||
20 | proceedings at a hearing upon payment of the fee specified by | ||||||
21 | the certified shorthand reporter. This charge is in addition to | ||||||
22 | any fee charged by the Department for certifying the record.
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23 | (Source: P.A. 100-429, eff. 8-25-17.)
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24 | (225 ILCS 60/40) (from Ch. 111, par. 4400-40)
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25 | (Section scheduled to be repealed on December 31, 2019)
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1 | Sec. 40. Findings and recommendations; rehearing. | ||||||
2 | (a) The Disciplinary Board shall present to
the Secretary a | ||||||
3 | written report of its findings and
recommendations. A copy of | ||||||
4 | such report shall be served upon
the accused person, either | ||||||
5 | personally or by registered or
certified mail or email . Within | ||||||
6 | 20 days after such service, the
accused person may present to | ||||||
7 | the Department his or her their motion,
in writing, for a | ||||||
8 | rehearing, which written motion shall
specify the particular | ||||||
9 | ground therefor. If the accused
person orders and pays for a | ||||||
10 | transcript of the record as
provided in Section 39, the time | ||||||
11 | elapsing thereafter and
before such transcript is ready for | ||||||
12 | delivery to them shall
not be counted as part of such 20 days.
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13 | (b) At the expiration of the time allowed for filing a
| ||||||
14 | motion for rehearing, the Secretary may take the action
| ||||||
15 | recommended by the Disciplinary Board. Upon the suspension,
| ||||||
16 | revocation, placement on probationary status, or the taking
of | ||||||
17 | any other disciplinary action, including the limiting of
the | ||||||
18 | scope, nature, or extent of one's practice, deemed
proper by | ||||||
19 | the Department, with regard to the license or permit, the | ||||||
20 | accused shall
surrender his or her their license or permit to | ||||||
21 | the Department, if ordered to do
so by the Department, and upon | ||||||
22 | his or her their failure or refusal so
to do, the Department | ||||||
23 | may seize the same.
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24 | (c) Each order of revocation, suspension, or
other | ||||||
25 | disciplinary action shall contain a brief, concise
statement of | ||||||
26 | the ground or grounds upon which the
Department's action is |
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1 | based, as well as the specific terms
and conditions of such | ||||||
2 | action. This document shall be
retained as a permanent record | ||||||
3 | by the Disciplinary Board and
the Secretary.
| ||||||
4 | (d) The Department shall at least annually publish a list
| ||||||
5 | of the names of all persons disciplined under this Act in
the | ||||||
6 | preceding 12 months. Such lists shall be available by the
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7 | Department on its website.
| ||||||
8 | (e) In those instances where an order of revocation,
| ||||||
9 | suspension, or other disciplinary action has been rendered
by | ||||||
10 | virtue of a physician's physical illness, including, but
not | ||||||
11 | limited to, deterioration through the aging process, or
loss of | ||||||
12 | motor skill which results in a physician's inability
to | ||||||
13 | practice medicine with reasonable judgment, skill, or
safety, | ||||||
14 | the Department shall only permit this document, and
the record | ||||||
15 | of the hearing incident thereto, to be observed,
inspected, | ||||||
16 | viewed, or copied pursuant to court order.
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17 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
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