Illinois 2023-2024 Regular Session

Illinois House Bill HB1008 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1008 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 535/520 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22 Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason. LRB103 04878 KTG 49888 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1008 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 535/520 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22 20 ILCS 535/5 20 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22 Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason. LRB103 04878 KTG 49888 b LRB103 04878 KTG 49888 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1008 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 535/520 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22 20 ILCS 535/5 20 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22
4	4	20 ILCS 535/5
5	5	20 ILCS 535/15
6	6	225 ILCS 60/22 from Ch. 111, par. 4400-22
7	7	Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning State government.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Administration of Psychotropic Medications
17	17	5 to Children Act is amended by changing Sections 5 and 15 as
18	18	6 follows:
19	19	7 (20 ILCS 535/5)
20	20	8 Sec. 5. Administration of psychotropic medications.
21	21	9 (a) On or before October 1, 2011, the Department of
22	22	10 Children and Family Services shall promulgate final rules,
23	23	11 amending its current rules establishing and maintaining
24	24	12 standards and procedures to govern the administration of
25	25	13 psychotropic medications. Such amendments to its rules shall
26	26	14 include, but are not limited to, the following:
27	27	15 (1) (a) The role of the Department in the
28	28	16 administration of psychotropic medications to youth for
29	29	17 whom it is legally responsible and who are in facilities
30	30	18 operated by the Illinois Department of Corrections or the
31	31	19 Illinois Department of Juvenile Justice.
32	32	20 (2) (b) Provisions regarding the administration of
33	33	21 psychotropic medications for youth for whom the Department
34	34	22 is legally responsible and who are in residential
35	35	23 facilities, group homes, transitional living programs, or
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1008 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
40	40	20 ILCS 535/520 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22 20 ILCS 535/5 20 ILCS 535/15 225 ILCS 60/22 from Ch. 111, par. 4400-22
41	41	20 ILCS 535/5
42	42	20 ILCS 535/15
43	43	225 ILCS 60/22 from Ch. 111, par. 4400-22
44	44	Amends the Administration of Psychotropic Medications to Children Act. Requires the Department of Children and Family Services to maintain a record of certain information for every youth in care prescribed or provided psychotropic medication, including, but not limited to: (1) a list of the prescribed psychotropic medications; (2) the consent date for each prescribed psychotropic medication; and (3) the date the youth assented for each prescribed psychotropic medication. Requires the Department to collect all necessary information to complete its required annual report to the General Assembly and to use the information to analyze prescribing patterns by population for youth for whom the Department is legally responsible (DCFS youth). Requires the Department to ensure that on an annual basis all persons licensed to practice medicine who prescribe psychotropic medication to DCFS youth are provided with comprehensive up-to-date medical guidelines regarding the prescribing of such medications. Requires the Department to include in its annual report to the General Assembly information on the total number of requests the Department received requesting consent to provide psychotropic medication to DCFS youth and the total number of these requests that the Department denied; and other specified data. Requires the Department to post the annual report on its website. Provides that the Department of Financial and Professional Regulation may take certain disciplinary or non-disciplinary actions against any person issued a license or permit under the Act who commits repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason.
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47	47	A BILL FOR
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53	53	20 ILCS 535/5
54	54	20 ILCS 535/15
55	55	225 ILCS 60/22 from Ch. 111, par. 4400-22
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74	74	1 foster homes where the youth is under the age of 18 or
75	75	2 where the youth is 18 or older and has provided the
76	76	3 Department with appropriate consent.
77	77	4 (3) (c) Provisions regarding the administration of
78	78	5 psychotropic medications for youth for whom the Department
79	79	6 is legally responsible and who are in psychiatric
80	80	7 hospitals.
81	81	8 (4) (d) Provisions concerning the emergency use of
82	82	9 psychotropic medications, including appropriate and timely
83	83	10 reporting.
84	84	11 (5) (e) Provisions prohibiting the administration of
85	85	12 psychotropic medications to persons for whom the
86	86	13 Department is legally responsible as punishment for bad
87	87	14 behavior, for the convenience of staff or caregivers, or
88	88	15 as a substitute for adequate mental health care or other
89	89	16 services.
90	90	17 (6) (f) The creation of a committee to develop, post
91	91	18 on a website, and periodically review materials listing
92	92	19 which psychotropic medications are approved for use with
93	93	20 youth for whom the Department has legal responsibility.
94	94	21 The materials shall include guidelines for the use of
95	95	22 psychotropic medications and may include the acceptable
96	96	23 range of dosages, contraindications, and time limits, if
97	97	24 any, and such other topics necessary to ensure the safe
98	98	25 and appropriate use of psychotropic medications.
99	99	26 (7) (g) Provisions regarding the appointment,
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110	110	1 qualifications, and training of employees of the
111	111	2 Department who are authorized to consent to the
112	112	3 administration of psychotropic medications to youth for
113	113	4 whom the Department has legal responsibility, including
114	114	5 the scope of the authority of such persons.
115	115	6 (8) (h) Provisions regarding training and materials
116	116	7 for parents, foster parents, and relative caretakers
117	117	8 concerning the rules governing the use of psychotropic
118	118	9 medications with youth for whom the Department has legal
119	119	10 responsibility.
120	120	11 (9) (i) With respect to any youth under the age of 18
121	121	12 for whom the Department has legal responsibility and who
122	122	13 does not assent to the administration of recommended
123	123	14 psychotropic medication, provisions providing standards
124	124	15 and procedures for reviewing the youth's concerns. With
125	125	16 respect to any youth over the age of 18 for whom the
126	126	17 Department has legal responsibility and who does not
127	127	18 consent to the administration of recommended psychotropic
128	128	19 medication, provisions providing standards and procedures
129	129	20 for reviewing the youth's concerns upon the youth's
130	130	21 request and with the youth's consent. Standards and
131	131	22 procedures developed under this subsection shall not be
132	132	23 inconsistent with the Mental Health and Developmental
133	133	24 Disabilities Code.
134	134	25 (10) (j) Provisions ensuring that, subject to all
135	135	26 relevant confidentiality laws, service plans for youth for
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146	146	1 whom the Department has legal responsibility include the
147	147	2 following information:
148	148	3 (A) (1) Identification by name and dosage of the
149	149	4 psychotropic medication known by the Department to
150	150	5 have been administered to the youth since the last
151	151	6 service plan.
152	152	7 (B) (2) The benefits of the psychotropic
153	153	8 medication.
154	154	9 (C) (3) The negative side effects of the
155	155	10 psychotropic medication.
156	156	11 (b) The Department shall maintain a record of the
157	157	12 following information for every youth in care prescribed or
158	158	13 provided psychotropic medication:
159	159	14 (1) a list of the psychotropic medications prescribed;
160	160	15 (2) the consent date for each psychotropic medication
161	161	16 prescribed;
162	162	17 (3) the date the youth assented for each psychotropic
163	163	18 medication prescribed;
164	164	19 (4) the prescriber's name and contact information;
165	165	20 (5) the diagnoses received on each youth; and
166	166	21 (6) the youth's weight.
167	167	22 (c) The Department shall collect all necessary information
168	168	23 to complete the annual report required under Section 15 and
169	169	24 use this information to analyze prescribing patterns by
170	170	25 population for youth for whom the Department is legally
171	171	26 responsible.
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182	182	1 (d) The Department may contract for consulting services
183	183	2 from a psychiatrist who has expertise and specializes in
184	184	3 pediatric care for the purposes of the analysis required under
185	185	4 subsection (c).
186	186	5 (e) The Department, in cooperation with the Department of
187	187	6 Healthcare and Family Services, shall ensure that on an annual
188	188	7 basis all persons licensed under the Medical Practice Act of
189	189	8 1987 to practice medicine in all of its branches who prescribe
190	190	9 psychotropic medication to youth for whom the Department is
191	191	10 legally responsible are provided with comprehensive,
192	192	11 up-to-date medical guidelines regarding the prescribing of
193	193	12 such medications to youth in care.
194	194	13 (Source: P.A. 97-245, eff. 8-4-11.)
195	195	14 (20 ILCS 535/15)
196	196	15 Sec. 15. Annual report.
197	197	16 (a) No later than December 31 of each year, the Department
198	198	17 shall prepare and submit an annual report, covering the
199	199	18 previous fiscal year, to the General Assembly concerning the
200	200	19 administration of psychotropic medication to persons for whom
201	201	20 it is legally responsible. This report shall include, but is
202	202	21 not limited to, the following:
203	203	22 (1) The number of violations of any rule enacted
204	204	23 pursuant to Section 5 of this Act.
205	205	24 (2) The number of warnings issued pursuant to
206	206	25 subsection (b) of Section 10 of this Act.
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217	217	1 (3) The number of physicians who have been issued
218	218	2 warnings pursuant to subsection (b) of Section 10 of this
219	219	3 Act.
220	220	4 (4) The number of physicians who have been reported to
221	221	5 the Department of Financial and Professional Regulation
222	222	6 pursuant to subsection (c) of Section 10 of this Act, and,
223	223	7 if available, the results of such reports.
224	224	8 (5) The number of facilities that have been reported
225	225	9 to the Department of Public Health pursuant to subsection
226	226	10 (d) of Section 10 of this Act and, if available, the
227	227	11 results of such reports.
228	228	12 (6) The number of Department-licensed facilities that
229	229	13 have been the subject of licensing complaints pursuant to
230	230	14 subsection (f) of Section 10 of this Act, and if
231	231	15 available, the results of the complaint investigations.
232	232	16 (7) Any recommendations for legislative changes or
233	233	17 amendments to any of its rules or procedures established
234	234	18 or maintained in compliance with this Act.
235	235	19 (8) The total number of requests the Department
236	236	20 received requesting consent to provide psychotropic
237	237	21 medication to youth for whom the Department is legally
238	238	22 responsible and the total number of these requests that
239	239	23 the Department denied.
240	240	24 (9) The number of physicians who prescribed
241	241	25 psychotropic medication to youth for whom the Department
242	242	26 is legally responsible and obtained the consent of the
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253	253	1 Department as guardian.
254	254	2 (10) The number of physicians who have prescribed
255	255	3 psychotropic medication to youth for whom the Department
256	256	4 is legally responsible without the consent of the
257	257	5 Department as guardian.
258	258	6 (11) The total number of youth for whom the Department
259	259	7 is legally responsible who are prescribed at least one
260	260	8 psychotropic medication.
261	261	9 (12) The total number of youth for whom the Department
262	262	10 is legally responsible who received at least one
263	263	11 psychotropic medication on an emergency basis, and of
264	264	12 those, the number in which Department procedures for
265	265	13 emergency consent and notification were followed.
266	266	14 (13) Pharmacy claims data for the youth categorized by
267	267	15 age groups 0 through 6, 7 through 12, or 13 through 17 and
268	268	16 further categorized by gender and the number and type of
269	269	17 medication prescribed.
270	270	18 Prior to the release of this data, personal identifiers,
271	271	19 such as name, date of birth, address, and Social Security
272	272	20 number, shall be removed and a unique identifier shall be
273	273	21 submitted.
274	274	22 (b) The requirement for reporting to the General Assembly
275	275	23 shall be satisfied by filing copies of the report as required
276	276	24 by Section 3.1 of the General Assembly Organization Act and by
277	277	25 filing additional copies with the State Government Report
278	278	26 Distribution Center for the General Assembly as required under
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289	289	1 paragraph (t) of Section 7 of the State Library Act.
290	290	2 (c) No later than December 31, 2024, and December 31 of
291	291	3 each year thereafter, the Department shall post on its website
292	292	4 each annual report required under this Section.
293	293	5 (Source: P.A. 100-1148, eff. 12-10-18.)
294	294	6 Section 10. The Medical Practice Act of 1987 is amended by
295	295	7 changing Section 22 as follows:
296	296	8 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
297	297	9 (Section scheduled to be repealed on January 1, 2027)
298	298	10 Sec. 22. Disciplinary action.
299	299	11 (A) The Department may revoke, suspend, place on
300	300	12 probation, reprimand, refuse to issue or renew, or take any
301	301	13 other disciplinary or non-disciplinary action as the
302	302	14 Department may deem proper with regard to the license or
303	303	15 permit of any person issued under this Act, including imposing
304	304	16 fines not to exceed $10,000 for each violation, upon any of the
305	305	17 following grounds:
306	306	18 (1) (Blank).
307	307	19 (2) (Blank).
308	308	20 (3) A plea of guilty or nolo contendere, finding of
309	309	21 guilt, jury verdict, or entry of judgment or sentencing,
310	310	22 including, but not limited to, convictions, preceding
311	311	23 sentences of supervision, conditional discharge, or first
312	312	24 offender probation, under the laws of any jurisdiction of
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323	323	1 the United States of any crime that is a felony.
324	324	2 (4) Gross negligence in practice under this Act.
325	325	3 (5) Engaging in dishonorable, unethical, or
326	326	4 unprofessional conduct of a character likely to deceive,
327	327	5 defraud or harm the public.
328	328	6 (6) Obtaining any fee by fraud, deceit, or
329	329	7 misrepresentation.
330	330	8 (7) Habitual or excessive use or abuse of drugs
331	331	9 defined in law as controlled substances, of alcohol, or of
332	332	10 any other substances which results in the inability to
333	333	11 practice with reasonable judgment, skill, or safety.
334	334	12 (8) Practicing under a false or, except as provided by
335	335	13 law, an assumed name.
336	336	14 (9) Fraud or misrepresentation in applying for, or
337	337	15 procuring, a license under this Act or in connection with
338	338	16 applying for renewal of a license under this Act.
339	339	17 (10) Making a false or misleading statement regarding
340	340	18 their skill or the efficacy or value of the medicine,
341	341	19 treatment, or remedy prescribed by them at their direction
342	342	20 in the treatment of any disease or other condition of the
343	343	21 body or mind.
344	344	22 (11) Allowing another person or organization to use
345	345	23 their license, procured under this Act, to practice.
346	346	24 (12) Adverse action taken by another state or
347	347	25 jurisdiction against a license or other authorization to
348	348	26 practice as a medical doctor, doctor of osteopathy, doctor
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359	359	1 of osteopathic medicine or doctor of chiropractic, a
360	360	2 certified copy of the record of the action taken by the
361	361	3 other state or jurisdiction being prima facie evidence
362	362	4 thereof. This includes any adverse action taken by a State
363	363	5 or federal agency that prohibits a medical doctor, doctor
364	364	6 of osteopathy, doctor of osteopathic medicine, or doctor
365	365	7 of chiropractic from providing services to the agency's
366	366	8 participants.
367	367	9 (13) Violation of any provision of this Act or of the
368	368	10 Medical Practice Act prior to the repeal of that Act, or
369	369	11 violation of the rules, or a final administrative action
370	370	12 of the Secretary, after consideration of the
371	371	13 recommendation of the Medical Board.
372	372	14 (14) Violation of the prohibition against fee
373	373	15 splitting in Section 22.2 of this Act.
374	374	16 (15) A finding by the Medical Board that the
375	375	17 registrant after having his or her license placed on
376	376	18 probationary status or subjected to conditions or
377	377	19 restrictions violated the terms of the probation or failed
378	378	20 to comply with such terms or conditions.
379	379	21 (16) Abandonment of a patient.
380	380	22 (17) Prescribing, selling, administering,
381	381	23 distributing, giving, or self-administering any drug
382	382	24 classified as a controlled substance (designated product)
383	383	25 or narcotic for other than medically accepted therapeutic
384	384	26 purposes.
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395	395	1 (18) Promotion of the sale of drugs, devices,
396	396	2 appliances, or goods provided for a patient in such manner
397	397	3 as to exploit the patient for financial gain of the
398	398	4 physician.
399	399	5 (19) Offering, undertaking, or agreeing to cure or
400	400	6 treat disease by a secret method, procedure, treatment, or
401	401	7 medicine, or the treating, operating, or prescribing for
402	402	8 any human condition by a method, means, or procedure which
403	403	9 the licensee refuses to divulge upon demand of the
404	404	10 Department.
405	405	11 (20) Immoral conduct in the commission of any act
406	406	12 including, but not limited to, commission of an act of
407	407	13 sexual misconduct related to the licensee's practice.
408	408	14 (21) Willfully making or filing false records or
409	409	15 reports in his or her practice as a physician, including,
410	410	16 but not limited to, false records to support claims
411	411	17 against the medical assistance program of the Department
412	412	18 of Healthcare and Family Services (formerly Department of
413	413	19 Public Aid) under the Illinois Public Aid Code.
414	414	20 (22) Willful omission to file or record, or willfully
415	415	21 impeding the filing or recording, or inducing another
416	416	22 person to omit to file or record, medical reports as
417	417	23 required by law, or willfully failing to report an
418	418	24 instance of suspected abuse or neglect as required by law.
419	419	25 (23) Being named as a perpetrator in an indicated
420	420	26 report by the Department of Children and Family Services
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431	431	1 under the Abused and Neglected Child Reporting Act, and
432	432	2 upon proof by clear and convincing evidence that the
433	433	3 licensee has caused a child to be an abused child or
434	434	4 neglected child as defined in the Abused and Neglected
435	435	5 Child Reporting Act.
436	436	6 (24) Solicitation of professional patronage by any
437	437	7 corporation, agents or persons, or profiting from those
438	438	8 representing themselves to be agents of the licensee.
439	439	9 (25) Gross and willful and continued overcharging for
440	440	10 professional services, including filing false statements
441	441	11 for collection of fees for which services are not
442	442	12 rendered, including, but not limited to, filing such false
443	443	13 statements for collection of monies for services not
444	444	14 rendered from the medical assistance program of the
445	445	15 Department of Healthcare and Family Services (formerly
446	446	16 Department of Public Aid) under the Illinois Public Aid
447	447	17 Code.
448	448	18 (26) A pattern of practice or other behavior which
449	449	19 demonstrates incapacity or incompetence to practice under
450	450	20 this Act.
451	451	21 (27) Mental illness or disability which results in the
452	452	22 inability to practice under this Act with reasonable
453	453	23 judgment, skill, or safety.
454	454	24 (28) Physical illness, including, but not limited to,
455	455	25 deterioration through the aging process, or loss of motor
456	456	26 skill which results in a physician's inability to practice
457	457
458	458
459	459
460	460
461	461
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463	463
464	464
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466	466	HB1008 - 13 - LRB103 04878 KTG 49888 b
467	467	1 under this Act with reasonable judgment, skill, or safety.
468	468	2 (29) Cheating on or attempting to subvert the
469	469	3 licensing examinations administered under this Act.
470	470	4 (30) Willfully or negligently violating the
471	471	5 confidentiality between physician and patient except as
472	472	6 required by law.
473	473	7 (31) The use of any false, fraudulent, or deceptive
474	474	8 statement in any document connected with practice under
475	475	9 this Act.
476	476	10 (32) Aiding and abetting an individual not licensed
477	477	11 under this Act in the practice of a profession licensed
478	478	12 under this Act.
479	479	13 (33) Violating state or federal laws or regulations
480	480	14 relating to controlled substances, legend drugs, or
481	481	15 ephedra as defined in the Ephedra Prohibition Act.
482	482	16 (34) Failure to report to the Department any adverse
483	483	17 final action taken against them by another licensing
484	484	18 jurisdiction (any other state or any territory of the
485	485	19 United States or any foreign state or country), by any
486	486	20 peer review body, by any health care institution, by any
487	487	21 professional society or association related to practice
488	488	22 under this Act, by any governmental agency, by any law
489	489	23 enforcement agency, or by any court for acts or conduct
490	490	24 similar to acts or conduct which would constitute grounds
491	491	25 for action as defined in this Section.
492	492	26 (35) Failure to report to the Department surrender of
493	493
494	494
495	495
496	496
497	497
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499	499
500	500
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503	503	1 a license or authorization to practice as a medical
504	504	2 doctor, a doctor of osteopathy, a doctor of osteopathic
505	505	3 medicine, or doctor of chiropractic in another state or
506	506	4 jurisdiction, or surrender of membership on any medical
507	507	5 staff or in any medical or professional association or
508	508	6 society, while under disciplinary investigation by any of
509	509	7 those authorities or bodies, for acts or conduct similar
510	510	8 to acts or conduct which would constitute grounds for
511	511	9 action as defined in this Section.
512	512	10 (36) Failure to report to the Department any adverse
513	513	11 judgment, settlement, or award arising from a liability
514	514	12 claim related to acts or conduct similar to acts or
515	515	13 conduct which would constitute grounds for action as
516	516	14 defined in this Section.
517	517	15 (37) Failure to provide copies of medical records as
518	518	16 required by law.
519	519	17 (38) Failure to furnish the Department, its
520	520	18 investigators or representatives, relevant information,
521	521	19 legally requested by the Department after consultation
522	522	20 with the Chief Medical Coordinator or the Deputy Medical
523	523	21 Coordinator.
524	524	22 (39) Violating the Health Care Worker Self-Referral
525	525	23 Act.
526	526	24 (40) Willful failure to provide notice when notice is
527	527	25 required under the Parental Notice of Abortion Act of
528	528	26 1995.
529	529
530	530
531	531
532	532
533	533
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535	535
536	536
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538	538	HB1008 - 15 - LRB103 04878 KTG 49888 b
539	539	1 (41) Failure to establish and maintain records of
540	540	2 patient care and treatment as required by this law.
541	541	3 (42) Entering into an excessive number of written
542	542	4 collaborative agreements with licensed advanced practice
543	543	5 registered nurses resulting in an inability to adequately
544	544	6 collaborate.
545	545	7 (43) Repeated failure to adequately collaborate with a
546	546	8 licensed advanced practice registered nurse.
547	547	9 (44) Violating the Compassionate Use of Medical
548	548	10 Cannabis Program Act.
549	549	11 (45) Entering into an excessive number of written
550	550	12 collaborative agreements with licensed prescribing
551	551	13 psychologists resulting in an inability to adequately
552	552	14 collaborate.
553	553	15 (46) Repeated failure to adequately collaborate with a
554	554	16 licensed prescribing psychologist.
555	555	17 (47) Willfully failing to report an instance of
556	556	18 suspected abuse, neglect, financial exploitation, or
557	557	19 self-neglect of an eligible adult as defined in and
558	558	20 required by the Adult Protective Services Act.
559	559	21 (48) Being named as an abuser in a verified report by
560	560	22 the Department on Aging under the Adult Protective
561	561	23 Services Act, and upon proof by clear and convincing
562	562	24 evidence that the licensee abused, neglected, or
563	563	25 financially exploited an eligible adult as defined in the
564	564	26 Adult Protective Services Act.
565	565
566	566
567	567
568	568
569	569
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571	571
572	572
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574	574	HB1008 - 16 - LRB103 04878 KTG 49888 b
575	575	1 (49) Entering into an excessive number of written
576	576	2 collaborative agreements with licensed physician
577	577	3 assistants resulting in an inability to adequately
578	578	4 collaborate.
579	579	5 (50) Repeated failure to adequately collaborate with a
580	580	6 physician assistant.
581	581	7 (51) Repeated acts of clearly excessive prescribing,
582	582	8 furnishing, or administering psychotropic medications to a
583	583	9 minor without a good faith prior examination of the
584	584	10 patient and medical reason therefor.
585	585	11 Except for actions involving the ground numbered (26), all
586	586	12 proceedings to suspend, revoke, place on probationary status,
587	587	13 or take any other disciplinary action as the Department may
588	588	14 deem proper, with regard to a license on any of the foregoing
589	589	15 grounds, must be commenced within 5 years next after receipt
590	590	16 by the Department of a complaint alleging the commission of or
591	591	17 notice of the conviction order for any of the acts described
592	592	18 herein. Except for the grounds numbered (8), (9), (26), and
593	593	19 (29), no action shall be commenced more than 10 years after the
594	594	20 date of the incident or act alleged to have violated this
595	595	21 Section. For actions involving the ground numbered (26), a
596	596	22 pattern of practice or other behavior includes all incidents
597	597	23 alleged to be part of the pattern of practice or other behavior
598	598	24 that occurred, or a report pursuant to Section 23 of this Act
599	599	25 received, within the 10-year period preceding the filing of
600	600	26 the complaint. In the event of the settlement of any claim or
601	601
602	602
603	603
604	604
605	605
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607	607
608	608
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610	610	HB1008 - 17 - LRB103 04878 KTG 49888 b
611	611	1 cause of action in favor of the claimant or the reduction to
612	612	2 final judgment of any civil action in favor of the plaintiff,
613	613	3 such claim, cause of action, or civil action being grounded on
614	614	4 the allegation that a person licensed under this Act was
615	615	5 negligent in providing care, the Department shall have an
616	616	6 additional period of 2 years from the date of notification to
617	617	7 the Department under Section 23 of this Act of such settlement
618	618	8 or final judgment in which to investigate and commence formal
619	619	9 disciplinary proceedings under Section 36 of this Act, except
620	620	10 as otherwise provided by law. The time during which the holder
621	621	11 of the license was outside the State of Illinois shall not be
622	622	12 included within any period of time limiting the commencement
623	623	13 of disciplinary action by the Department.
624	624	14 The entry of an order or judgment by any circuit court
625	625	15 establishing that any person holding a license under this Act
626	626	16 is a person in need of mental treatment operates as a
627	627	17 suspension of that license. That person may resume his or her
628	628	18 practice only upon the entry of a Departmental order based
629	629	19 upon a finding by the Medical Board that the person has been
630	630	20 determined to be recovered from mental illness by the court
631	631	21 and upon the Medical Board's recommendation that the person be
632	632	22 permitted to resume his or her practice.
633	633	23 The Department may refuse to issue or take disciplinary
634	634	24 action concerning the license of any person who fails to file a
635	635	25 return, or to pay the tax, penalty, or interest shown in a
636	636	26 filed return, or to pay any final assessment of tax, penalty,
637	637
638	638
639	639
640	640
641	641
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643	643
644	644
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646	646	HB1008 - 18 - LRB103 04878 KTG 49888 b
647	647	1 or interest, as required by any tax Act administered by the
648	648	2 Illinois Department of Revenue, until such time as the
649	649	3 requirements of any such tax Act are satisfied as determined
650	650	4 by the Illinois Department of Revenue.
651	651	5 The Department, upon the recommendation of the Medical
652	652	6 Board, shall adopt rules which set forth standards to be used
653	653	7 in determining:
654	654	8 (a) when a person will be deemed sufficiently
655	655	9 rehabilitated to warrant the public trust;
656	656	10 (b) what constitutes dishonorable, unethical, or
657	657	11 unprofessional conduct of a character likely to deceive,
658	658	12 defraud, or harm the public;
659	659	13 (c) what constitutes immoral conduct in the commission
660	660	14 of any act, including, but not limited to, commission of
661	661	15 an act of sexual misconduct related to the licensee's
662	662	16 practice; and
663	663	17 (d) what constitutes gross negligence in the practice
664	664	18 of medicine.
665	665	19 However, no such rule shall be admissible into evidence in
666	666	20 any civil action except for review of a licensing or other
667	667	21 disciplinary action under this Act.
668	668	22 In enforcing this Section, the Medical Board, upon a
669	669	23 showing of a possible violation, may compel any individual who
670	670	24 is licensed to practice under this Act or holds a permit to
671	671	25 practice under this Act, or any individual who has applied for
672	672	26 licensure or a permit pursuant to this Act, to submit to a
673	673
674	674
675	675
676	676
677	677
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679	679
680	680
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683	683	1 mental or physical examination and evaluation, or both, which
684	684	2 may include a substance abuse or sexual offender evaluation,
685	685	3 as required by the Medical Board and at the expense of the
686	686	4 Department. The Medical Board shall specifically designate the
687	687	5 examining physician licensed to practice medicine in all of
688	688	6 its branches or, if applicable, the multidisciplinary team
689	689	7 involved in providing the mental or physical examination and
690	690	8 evaluation, or both. The multidisciplinary team shall be led
691	691	9 by a physician licensed to practice medicine in all of its
692	692	10 branches and may consist of one or more or a combination of
693	693	11 physicians licensed to practice medicine in all of its
694	694	12 branches, licensed chiropractic physicians, licensed clinical
695	695	13 psychologists, licensed clinical social workers, licensed
696	696	14 clinical professional counselors, and other professional and
697	697	15 administrative staff. Any examining physician or member of the
698	698	16 multidisciplinary team may require any person ordered to
699	699	17 submit to an examination and evaluation pursuant to this
700	700	18 Section to submit to any additional supplemental testing
701	701	19 deemed necessary to complete any examination or evaluation
702	702	20 process, including, but not limited to, blood testing,
703	703	21 urinalysis, psychological testing, or neuropsychological
704	704	22 testing. The Medical Board or the Department may order the
705	705	23 examining physician or any member of the multidisciplinary
706	706	24 team to provide to the Department or the Medical Board any and
707	707	25 all records, including business records, that relate to the
708	708	26 examination and evaluation, including any supplemental testing
709	709
710	710
711	711
712	712
713	713
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715	715
716	716
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719	719	1 performed. The Medical Board or the Department may order the
720	720	2 examining physician or any member of the multidisciplinary
721	721	3 team to present testimony concerning this examination and
722	722	4 evaluation of the licensee, permit holder, or applicant,
723	723	5 including testimony concerning any supplemental testing or
724	724	6 documents relating to the examination and evaluation. No
725	725	7 information, report, record, or other documents in any way
726	726	8 related to the examination and evaluation shall be excluded by
727	727	9 reason of any common law or statutory privilege relating to
728	728	10 communication between the licensee, permit holder, or
729	729	11 applicant and the examining physician or any member of the
730	730	12 multidisciplinary team. No authorization is necessary from the
731	731	13 licensee, permit holder, or applicant ordered to undergo an
732	732	14 evaluation and examination for the examining physician or any
733	733	15 member of the multidisciplinary team to provide information,
734	734	16 reports, records, or other documents or to provide any
735	735	17 testimony regarding the examination and evaluation. The
736	736	18 individual to be examined may have, at his or her own expense,
737	737	19 another physician of his or her choice present during all
738	738	20 aspects of the examination. Failure of any individual to
739	739	21 submit to mental or physical examination and evaluation, or
740	740	22 both, when directed, shall result in an automatic suspension,
741	741	23 without hearing, until such time as the individual submits to
742	742	24 the examination. If the Medical Board finds a physician unable
743	743	25 to practice following an examination and evaluation because of
744	744	26 the reasons set forth in this Section, the Medical Board shall
745	745
746	746
747	747
748	748
749	749
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751	751
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755	755	1 require such physician to submit to care, counseling, or
756	756	2 treatment by physicians, or other health care professionals,
757	757	3 approved or designated by the Medical Board, as a condition
758	758	4 for issued, continued, reinstated, or renewed licensure to
759	759	5 practice. Any physician, whose license was granted pursuant to
760	760	6 Sections 9, 17, or 19 of this Act, or, continued, reinstated,
761	761	7 renewed, disciplined or supervised, subject to such terms,
762	762	8 conditions, or restrictions who shall fail to comply with such
763	763	9 terms, conditions, or restrictions, or to complete a required
764	764	10 program of care, counseling, or treatment, as determined by
765	765	11 the Chief Medical Coordinator or Deputy Medical Coordinators,
766	766	12 shall be referred to the Secretary for a determination as to
767	767	13 whether the licensee shall have his or her license suspended
768	768	14 immediately, pending a hearing by the Medical Board. In
769	769	15 instances in which the Secretary immediately suspends a
770	770	16 license under this Section, a hearing upon such person's
771	771	17 license must be convened by the Medical Board within 15 days
772	772	18 after such suspension and completed without appreciable delay.
773	773	19 The Medical Board shall have the authority to review the
774	774	20 subject physician's record of treatment and counseling
775	775	21 regarding the impairment, to the extent permitted by
776	776	22 applicable federal statutes and regulations safeguarding the
777	777	23 confidentiality of medical records.
778	778	24 An individual licensed under this Act, affected under this
779	779	25 Section, shall be afforded an opportunity to demonstrate to
780	780	26 the Medical Board that he or she can resume practice in
781	781
782	782
783	783
784	784
785	785
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787	787
788	788
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791	791	1 compliance with acceptable and prevailing standards under the
792	792	2 provisions of his or her license.
793	793	3 The Department may promulgate rules for the imposition of
794	794	4 fines in disciplinary cases, not to exceed $10,000 for each
795	795	5 violation of this Act. Fines may be imposed in conjunction
796	796	6 with other forms of disciplinary action, but shall not be the
797	797	7 exclusive disposition of any disciplinary action arising out
798	798	8 of conduct resulting in death or injury to a patient. Any funds
799	799	9 collected from such fines shall be deposited in the Illinois
800	800	10 State Medical Disciplinary Fund.
801	801	11 All fines imposed under this Section shall be paid within
802	802	12 60 days after the effective date of the order imposing the fine
803	803	13 or in accordance with the terms set forth in the order imposing
804	804	14 the fine.
805	805	15 (B) The Department shall revoke the license or permit
806	806	16 issued under this Act to practice medicine or a chiropractic
807	807	17 physician who has been convicted a second time of committing
808	808	18 any felony under the Illinois Controlled Substances Act or the
809	809	19 Methamphetamine Control and Community Protection Act, or who
810	810	20 has been convicted a second time of committing a Class 1 felony
811	811	21 under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
812	812	22 person whose license or permit is revoked under this
813	813	23 subsection B shall be prohibited from practicing medicine or
814	814	24 treating human ailments without the use of drugs and without
815	815	25 operative surgery.
816	816	26 (C) The Department shall not revoke, suspend, place on
817	817
818	818
819	819
820	820
821	821
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823	823
824	824
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826	826	HB1008 - 23 - LRB103 04878 KTG 49888 b
827	827	1 probation, reprimand, refuse to issue or renew, or take any
828	828	2 other disciplinary or non-disciplinary action against the
829	829	3 license or permit issued under this Act to practice medicine
830	830	4 to a physician:
831	831	5 (1) based solely upon the recommendation of the
832	832	6 physician to an eligible patient regarding, or
833	833	7 prescription for, or treatment with, an investigational
834	834	8 drug, biological product, or device; or
835	835	9 (2) for experimental treatment for Lyme disease or
836	836	10 other tick-borne diseases, including, but not limited to,
837	837	11 the prescription of or treatment with long-term
838	838	12 antibiotics.
839	839	13 (D) The Medical Board shall recommend to the Department
840	840	14 civil penalties and any other appropriate discipline in
841	841	15 disciplinary cases when the Medical Board finds that a
842	842	16 physician willfully performed an abortion with actual
843	843	17 knowledge that the person upon whom the abortion has been
844	844	18 performed is a minor or an incompetent person without notice
845	845	19 as required under the Parental Notice of Abortion Act of 1995.
846	846	20 Upon the Medical Board's recommendation, the Department shall
847	847	21 impose, for the first violation, a civil penalty of $1,000 and
848	848	22 for a second or subsequent violation, a civil penalty of
849	849	23 $5,000.
850	850	24 (Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
851	851	25 101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
852	852	26 8-20-21; 102-813, eff. 5-13-22.)
853	853
854	854
855	855
856	856
857	857
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