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1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Right
5		to Try Act.
6		Section 5. Findings. The General Assembly finds that the
7		process of approval for investigational drugs, biological
8		products, and devices in the United States often takes many
9		years, and a patient with a terminal illness does not have the
10		luxury of waiting until such drug, product, or device receives
11		final approval from the United States Food and Drug
12		Administration. As a result, the standards of the United States
13		Food and Drug Administration for the use of investigational
14		drugs, biological products, and devices may deny the benefits
15		of potentially life-saving treatments to terminally ill
16		patients. A patient with a terminal illness has a fundamental
17		right to attempt to preserve his or her own life by accessing
18		investigational drugs, biological products, and devices.
19		Whether to use available investigational drugs, biological
20		products, and devices is a decision that rightfully should be
21		made by the patient with a terminal illness in consultation
22		with his or her physician and is not a decision to be made by
23		the government.

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1		Section 10. Definitions. For the purposes of this Act:
2		"Accident and health insurer" has the meaning given to that
3		term in Section 126.2 of the Illinois Insurance Code.
4		"Eligible patient" means a person who:
5		(1) has a terminal illness;
6		(2) has considered all other treatment options
7		approved by the United States Food and Drug Administration;
8		(3) has received a prescription or recommendation from
9		his or her physician for an investigational drug,
10		biological product, or device;
11		(4) has given his or her informed consent in writing
12		for the use of the investigational drug, biological
13		product, or device or, if he or she is a minor or lacks the
14		mental capacity to provide informed consent, a parent or
15		legal guardian has given informed consent on his or her
16		behalf; and
17		(5) has documentation from his or her physician
18		indicating that he or she has met the requirements of this
19		Act.
20		"Investigational drug, biological product, or device"
21		means a drug, biological product, or device that has
22		successfully completed Phase I of a clinical trial, but has not
23		been approved for general use by the United States Food and
24		Drug Administration.
25		"Phase I of a clinical trial" means the stage of a clinical

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1		trial where an investigational drug, biological product, or
2		device has been tested in a small group for the first time to
3		evaluate its safety, determine a safe dosage range, and
4		identify side effects.
5		"Terminal illness" means a disease that, without
6		life-sustaining measures, can reasonably be expected to result
7		in death in 24 months or less.
8		Section 15. Availability of drugs, biological products,
9		and devices.
10		(a) A manufacturer of an investigational drug, biological
11		product, or device may make available such drug, product, or
12		device to eligible patients. Nothing in this Act shall be
13		construed to require a manufacturer to make available any drug,
14		product, or device.
15		(b) A manufacturer may:
16		(1) provide an investigational drug, biological
17		product, or device to an eligible patient without receiving
18		compensation; or
19		(2) require an eligible patient to pay the costs of or
20		associated with the manufacture of the investigational
21		drug, biological product, or device.
22		Section 20. Insurance coverage. An accident and health
23		insurer may choose to provide coverage for the cost of an
24		investigational drug, biological product, or device. Nothing

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1		in this Act shall be construed to require an accident and
2		health insurer to provide coverage for the cost of any
3		investigational drug, biological product, or device.
4		Section 25. Penalty. Any official, employee, or agent of
5		the State who blocks or attempts to block access by an eligible
6		patient to an investigational drug, biological product, or
7		device shall be guilty of a misdemeanor, punishable by a fine
8		not to exceed $1,500.
9		Section 80. The Nursing Home Care Act is amended by
10		changing Section 2-104 as follows:
11		(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
12		Sec. 2-104. (a) A resident shall be permitted to retain the
13		services of his own personal physician at his own expense or
14		under an individual or group plan of health insurance, or under
15		any public or private assistance program providing such
16		coverage. However, the facility is not liable for the
17		negligence of any such personal physician. Every resident shall
18		be permitted to obtain from his own physician or the physician
19		attached to the facility complete and current information
20		concerning his medical diagnosis, treatment and prognosis in
21		terms and language the resident can reasonably be expected to
22		understand. Every resident shall be permitted to participate in
23		the planning of his total care and medical treatment to the

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1		extent that his condition permits. No resident shall be
2		subjected to experimental research or treatment without first
3		obtaining his informed, written consent. The conduct of any
4		experimental research or treatment shall be authorized and
5		monitored by an institutional review board appointed by the
6		Director. The membership, operating procedures and review
7		criteria for the institutional review board shall be prescribed
8		under rules and regulations of the Department and shall comply
9		with the requirements for institutional review boards
10		established by the federal Food and Drug Administration. No
11		person who has received compensation in the prior 3 years from
12		an entity that manufactures, distributes, or sells
13		pharmaceuticals, biologics, or medical devices may serve on the
14		institutional review board.
15		The institutional review board may approve only research or
16		treatment that meets the standards of the federal Food and Drug
17		Administration with respect to (i) the protection of human
18		subjects and (ii) financial disclosure by clinical
19		investigators. The Office of State Long Term Care Ombudsman and
20		the State Protection and Advocacy organization shall be given
21		an opportunity to comment on any request for approval before
22		the board makes a decision. Those entities shall not be
23		provided information that would allow a potential human subject
24		to be individually identified, unless the board asks the
25		Ombudsman for help in securing information from or about the
26		resident. The board shall require frequent reporting of the

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1		progress of the approved research or treatment and its impact
2		on residents, including immediate reporting of any adverse
3		impact to the resident, the resident's representative, the
4		Office of the State Long Term Care Ombudsman, and the State
5		Protection and Advocacy organization. The board may not approve
6		any retrospective study of the records of any resident about
7		the safety or efficacy of any care or treatment if the resident
8		was under the care of the proposed researcher or a business
9		associate when the care or treatment was given, unless the
10		study is under the control of a researcher without any business
11		relationship to any person or entity who could benefit from the
12		findings of the study.
13		No facility shall permit experimental research or
14		treatment to be conducted on a resident, or give access to any
15		person or person's records for a retrospective study about the
16		safety or efficacy of any care or treatment, without the prior
17		written approval of the institutional review board. No nursing
18		home administrator, or person licensed by the State to provide
19		medical care or treatment to any person, may assist or
20		participate in any experimental research on or treatment of a
21		resident, including a retrospective study, that does not have
22		the prior written approval of the board. Such conduct shall be
23		grounds for professional discipline by the Department of
24		Financial and Professional Regulation.
25		The institutional review board may exempt from ongoing
26		review research or treatment initiated on a resident before the

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1		individual's admission to a facility and for which the board
2		determines there is adequate ongoing oversight by another
3		institutional review board. Nothing in this Section shall
4		prevent a facility, any facility employee, or any other person
5		from assisting or participating in any experimental research on
6		or treatment of a resident, if the research or treatment began
7		before the person's admission to a facility, until the board
8		has reviewed the research or treatment and decided to grant or
9		deny approval or to exempt the research or treatment from
10		ongoing review.
11		The institutional review board requirements of this
12		subsection (a) do not apply to investigational drugs,
13		biological products, or devices used by a resident with a
14		terminal illness as set forth in the Right to Try Act.
15		(b) All medical treatment and procedures shall be
16		administered as ordered by a physician. All new physician
17		orders shall be reviewed by the facility's director of nursing
18		or charge nurse designee within 24 hours after such orders have
19		been issued to assure facility compliance with such orders.
20		All physician's orders and plans of treatment shall have
21		the authentication of the physician. For the purposes of this
22		subsection (b), "authentication" means an original written
23		signature or an electronic signature system that allows for the
24		verification of a signer's credentials. A stamp signature, with
25		or without initials, is not sufficient.
26		According to rules adopted by the Department, every woman

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1		resident of child-bearing age shall receive routine
2		obstetrical and gynecological evaluations as well as necessary
3		prenatal care.
4		(c) Every resident shall be permitted to refuse medical
5		treatment and to know the consequences of such action, unless
6		such refusal would be harmful to the health and safety of
7		others and such harm is documented by a physician in the
8		resident's clinical record. The resident's refusal shall free
9		the facility from the obligation to provide the treatment.
10		(d) Every resident, resident's guardian, or parent if the
11		resident is a minor shall be permitted to inspect and copy all
12		his clinical and other records concerning his care and
13		maintenance kept by the facility or by his physician. The
14		facility may charge a reasonable fee for duplication of a
15		record.
16		(Source: P.A. 96-1372, eff. 7-29-10; 97-179, eff. 1-1-12.)
17		Section 90. The Medical Practice Act of 1987 is amended by
18		changing Section 22 as follows:
19		(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
20		(Section scheduled to be repealed on December 31, 2015)
21		Sec. 22. Disciplinary action.
22		(A) The Department may revoke, suspend, place on probation,
23		reprimand, refuse to issue or renew, or take any other
24		disciplinary or non-disciplinary action as the Department may

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1		deem proper with regard to the license or permit of any person
2		issued under this Act, including imposing fines not to exceed
3		$10,000 for each violation, upon any of the following grounds:
4		(1) Performance of an elective abortion in any place,
5		locale, facility, or institution other than:
6		(a) a facility licensed pursuant to the Ambulatory
7		Surgical Treatment Center Act;
8		(b) an institution licensed under the Hospital
9		Licensing Act;
10		(c) an ambulatory surgical treatment center or
11		hospitalization or care facility maintained by the
12		State or any agency thereof, where such department or
13		agency has authority under law to establish and enforce
14		standards for the ambulatory surgical treatment
15		centers, hospitalization, or care facilities under its
16		management and control;
17		(d) ambulatory surgical treatment centers,
18		hospitalization or care facilities maintained by the
19		Federal Government; or
20		(e) ambulatory surgical treatment centers,
21		hospitalization or care facilities maintained by any
22		university or college established under the laws of
23		this State and supported principally by public funds
24		raised by taxation.
25		(2) Performance of an abortion procedure in a wilful
26		and wanton manner on a woman who was not pregnant at the

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1		time the abortion procedure was performed.
2		(3) A plea of guilty or nolo contendere, finding of
3		guilt, jury verdict, or entry of judgment or sentencing,
4		including, but not limited to, convictions, preceding
5		sentences of supervision, conditional discharge, or first
6		offender probation, under the laws of any jurisdiction of
7		the United States of any crime that is a felony.
8		(4) Gross negligence in practice under this Act.
9		(5) Engaging in dishonorable, unethical or
10		unprofessional conduct of a character likely to deceive,
11		defraud or harm the public.
12		(6) Obtaining any fee by fraud, deceit, or
13		misrepresentation.
14		(7) Habitual or excessive use or abuse of drugs defined
15		in law as controlled substances, of alcohol, or of any
16		other substances which results in the inability to practice
17		with reasonable judgment, skill or safety.
18		(8) Practicing under a false or, except as provided by
19		law, an assumed name.
20		(9) Fraud or misrepresentation in applying for, or
21		procuring, a license under this Act or in connection with
22		applying for renewal of a license under this Act.
23		(10) Making a false or misleading statement regarding
24		their skill or the efficacy or value of the medicine,
25		treatment, or remedy prescribed by them at their direction
26		in the treatment of any disease or other condition of the

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1		body or mind.
2		(11) Allowing another person or organization to use
3		their license, procured under this Act, to practice.
4		(12) Adverse action taken by another state or
5		jurisdiction against a license or other authorization to
6		practice as a medical doctor, doctor of osteopathy, doctor
7		of osteopathic medicine or doctor of chiropractic, a
8		certified copy of the record of the action taken by the
9		other state or jurisdiction being prima facie evidence
10		thereof. This includes any adverse action taken by a State
11		or federal agency that prohibits a medical doctor, doctor
12		of osteopathy, doctor of osteopathic medicine, or doctor of
13		chiropractic from providing services to the agency's
14		participants.
15		(13) Violation of any provision of this Act or of the
16		Medical Practice Act prior to the repeal of that Act, or
17		violation of the rules, or a final administrative action of
18		the Secretary, after consideration of the recommendation
19		of the Disciplinary Board.
20		(14) Violation of the prohibition against fee
21		splitting in Section 22.2 of this Act.
22		(15) A finding by the Disciplinary Board that the
23		registrant after having his or her license placed on
24		probationary status or subjected to conditions or
25		restrictions violated the terms of the probation or failed
26		to comply with such terms or conditions.

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1		(16) Abandonment of a patient.
2		(17) Prescribing, selling, administering,
3		distributing, giving or self-administering any drug
4		classified as a controlled substance (designated product)
5		or narcotic for other than medically accepted therapeutic
6		purposes.
7		(18) Promotion of the sale of drugs, devices,
8		appliances or goods provided for a patient in such manner
9		as to exploit the patient for financial gain of the
10		physician.
11		(19) Offering, undertaking or agreeing to cure or treat
12		disease by a secret method, procedure, treatment or
13		medicine, or the treating, operating or prescribing for any
14		human condition by a method, means or procedure which the
15		licensee refuses to divulge upon demand of the Department.
16		(20) Immoral conduct in the commission of any act
17		including, but not limited to, commission of an act of
18		sexual misconduct related to the licensee's practice.
19		(21) Wilfully making or filing false records or reports
20		in his or her practice as a physician, including, but not
21		limited to, false records to support claims against the
22		medical assistance program of the Department of Healthcare
23		and Family Services (formerly Department of Public Aid)
24		under the Illinois Public Aid Code.
25		(22) Wilful omission to file or record, or wilfully
26		impeding the filing or recording, or inducing another

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1		person to omit to file or record, medical reports as
2		required by law, or wilfully failing to report an instance
3		of suspected abuse or neglect as required by law.
4		(23) Being named as a perpetrator in an indicated
5		report by the Department of Children and Family Services
6		under the Abused and Neglected Child Reporting Act, and
7		upon proof by clear and convincing evidence that the
8		licensee has caused a child to be an abused child or
9		neglected child as defined in the Abused and Neglected
10		Child Reporting Act.
11		(24) Solicitation of professional patronage by any
12		corporation, agents or persons, or profiting from those
13		representing themselves to be agents of the licensee.
14		(25) Gross and wilful and continued overcharging for
15		professional services, including filing false statements
16		for collection of fees for which services are not rendered,
17		including, but not limited to, filing such false statements
18		for collection of monies for services not rendered from the
19		medical assistance program of the Department of Healthcare
20		and Family Services (formerly Department of Public Aid)
21		under the Illinois Public Aid Code.
22		(26) A pattern of practice or other behavior which
23		demonstrates incapacity or incompetence to practice under
24		this Act.
25		(27) Mental illness or disability which results in the
26		inability to practice under this Act with reasonable

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1		judgment, skill or safety.
2		(28) Physical illness, including, but not limited to,
3		deterioration through the aging process, or loss of motor
4		skill which results in a physician's inability to practice
5		under this Act with reasonable judgment, skill or safety.
6		(29) Cheating on or attempt to subvert the licensing
7		examinations administered under this Act.
8		(30) Wilfully or negligently violating the
9		confidentiality between physician and patient except as
10		required by law.
11		(31) The use of any false, fraudulent, or deceptive
12		statement in any document connected with practice under
13		this Act.
14		(32) Aiding and abetting an individual not licensed
15		under this Act in the practice of a profession licensed
16		under this Act.
17		(33) Violating state or federal laws or regulations
18		relating to controlled substances, legend drugs, or
19		ephedra as defined in the Ephedra Prohibition Act.
20		(34) Failure to report to the Department any adverse
21		final action taken against them by another licensing
22		jurisdiction (any other state or any territory of the
23		United States or any foreign state or country), by any peer
24		review body, by any health care institution, by any
25		professional society or association related to practice
26		under this Act, by any governmental agency, by any law

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1		enforcement agency, or by any court for acts or conduct
2		similar to acts or conduct which would constitute grounds
3		for action as defined in this Section.
4		(35) Failure to report to the Department surrender of a
5		license or authorization to practice as a medical doctor, a
6		doctor of osteopathy, a doctor of osteopathic medicine, or
7		doctor of chiropractic in another state or jurisdiction, or
8		surrender of membership on any medical staff or in any
9		medical or professional association or society, while
10		under disciplinary investigation by any of those
11		authorities or bodies, for acts or conduct similar to acts
12		or conduct which would constitute grounds for action as
13		defined in this Section.
14		(36) Failure to report to the Department any adverse
15		judgment, settlement, or award arising from a liability
16		claim related to acts or conduct similar to acts or conduct
17		which would constitute grounds for action as defined in
18		this Section.
19		(37) Failure to provide copies of medical records as
20		required by law.
21		(38) Failure to furnish the Department, its
22		investigators or representatives, relevant information,
23		legally requested by the Department after consultation
24		with the Chief Medical Coordinator or the Deputy Medical
25		Coordinator.
26		(39) Violating the Health Care Worker Self-Referral

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1		Act.
2		(40) Willful failure to provide notice when notice is
3		required under the Parental Notice of Abortion Act of 1995.
4		(41) Failure to establish and maintain records of
5		patient care and treatment as required by this law.
6		(42) Entering into an excessive number of written
7		collaborative agreements with licensed advanced practice
8		nurses resulting in an inability to adequately
9		collaborate.
10		(43) Repeated failure to adequately collaborate with a
11		licensed advanced practice nurse.
12		(44) Violating the Compassionate Use of Medical
13		Cannabis Pilot Program Act.
14		(45) Entering into an excessive number of written
15		collaborative agreements with licensed prescribing
16		psychologists resulting in an inability to adequately
17		collaborate.
18		(46) Repeated failure to adequately collaborate with a
19		licensed prescribing psychologist.
20		Except for actions involving the ground numbered (26), all
21		proceedings to suspend, revoke, place on probationary status,
22		or take any other disciplinary action as the Department may
23		deem proper, with regard to a license on any of the foregoing
24		grounds, must be commenced within 5 years next after receipt by
25		the Department of a complaint alleging the commission of or
26		notice of the conviction order for any of the acts described

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1		herein. Except for the grounds numbered (8), (9), (26), and
2		(29), no action shall be commenced more than 10 years after the
3		date of the incident or act alleged to have violated this
4		Section. For actions involving the ground numbered (26), a
5		pattern of practice or other behavior includes all incidents
6		alleged to be part of the pattern of practice or other behavior
7		that occurred, or a report pursuant to Section 23 of this Act
8		received, within the 10-year period preceding the filing of the
9		complaint. In the event of the settlement of any claim or cause
10		of action in favor of the claimant or the reduction to final
11		judgment of any civil action in favor of the plaintiff, such
12		claim, cause of action or civil action being grounded on the
13		allegation that a person licensed under this Act was negligent
14		in providing care, the Department shall have an additional
15		period of 2 years from the date of notification to the
16		Department under Section 23 of this Act of such settlement or
17		final judgment in which to investigate and commence formal
18		disciplinary proceedings under Section 36 of this Act, except
19		as otherwise provided by law. The time during which the holder
20		of the license was outside the State of Illinois shall not be
21		included within any period of time limiting the commencement of
22		disciplinary action by the Department.
23		The entry of an order or judgment by any circuit court
24		establishing that any person holding a license under this Act
25		is a person in need of mental treatment operates as a
26		suspension of that license. That person may resume their

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1		practice only upon the entry of a Departmental order based upon
2		a finding by the Disciplinary Board that they have been
3		determined to be recovered from mental illness by the court and
4		upon the Disciplinary Board's recommendation that they be
5		permitted to resume their practice.
6		The Department may refuse to issue or take disciplinary
7		action concerning the license of any person who fails to file a
8		return, or to pay the tax, penalty or interest shown in a filed
9		return, or to pay any final assessment of tax, penalty or
10		interest, as required by any tax Act administered by the
11		Illinois Department of Revenue, until such time as the
12		requirements of any such tax Act are satisfied as determined by
13		the Illinois Department of Revenue.
14		The Department, upon the recommendation of the
15		Disciplinary Board, shall adopt rules which set forth standards
16		to be used in determining:
17		(a) when a person will be deemed sufficiently
18		rehabilitated to warrant the public trust;
19		(b) what constitutes dishonorable, unethical or
20		unprofessional conduct of a character likely to deceive,
21		defraud, or harm the public;
22		(c) what constitutes immoral conduct in the commission
23		of any act, including, but not limited to, commission of an
24		act of sexual misconduct related to the licensee's
25		practice; and
26		(d) what constitutes gross negligence in the practice

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1		of medicine.
2		However, no such rule shall be admissible into evidence in
3		any civil action except for review of a licensing or other
4		disciplinary action under this Act.
5		In enforcing this Section, the Disciplinary Board or the
6		Licensing Board, upon a showing of a possible violation, may
7		compel, in the case of the Disciplinary Board, any individual
8		who is licensed to practice under this Act or holds a permit to
9		practice under this Act, or, in the case of the Licensing
10		Board, any individual who has applied for licensure or a permit
11		pursuant to this Act, to submit to a mental or physical
12		examination and evaluation, or both, which may include a
13		substance abuse or sexual offender evaluation, as required by
14		the Licensing Board or Disciplinary Board and at the expense of
15		the Department. The Disciplinary Board or Licensing Board shall
16		specifically designate the examining physician licensed to
17		practice medicine in all of its branches or, if applicable, the
18		multidisciplinary team involved in providing the mental or
19		physical examination and evaluation, or both. The
20		multidisciplinary team shall be led by a physician licensed to
21		practice medicine in all of its branches and may consist of one
22		or more or a combination of physicians licensed to practice
23		medicine in all of its branches, licensed chiropractic
24		physicians, licensed clinical psychologists, licensed clinical
25		social workers, licensed clinical professional counselors, and
26		other professional and administrative staff. Any examining

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1		physician or member of the multidisciplinary team may require
2		any person ordered to submit to an examination and evaluation
3		pursuant to this Section to submit to any additional
4		supplemental testing deemed necessary to complete any
5		examination or evaluation process, including, but not limited
6		to, blood testing, urinalysis, psychological testing, or
7		neuropsychological testing. The Disciplinary Board, the
8		Licensing Board, or the Department may order the examining
9		physician or any member of the multidisciplinary team to
10		provide to the Department, the Disciplinary Board, or the
11		Licensing Board any and all records, including business
12		records, that relate to the examination and evaluation,
13		including any supplemental testing performed. The Disciplinary
14		Board, the Licensing Board, or the Department may order the
15		examining physician or any member of the multidisciplinary team
16		to present testimony concerning this examination and
17		evaluation of the licensee, permit holder, or applicant,
18		including testimony concerning any supplemental testing or
19		documents relating to the examination and evaluation. No
20		information, report, record, or other documents in any way
21		related to the examination and evaluation shall be excluded by
22		reason of any common law or statutory privilege relating to
23		communication between the licensee, permit holder, or
24		applicant and the examining physician or any member of the
25		multidisciplinary team. No authorization is necessary from the
26		licensee, permit holder, or applicant ordered to undergo an

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1		evaluation and examination for the examining physician or any
2		member of the multidisciplinary team to provide information,
3		reports, records, or other documents or to provide any
4		testimony regarding the examination and evaluation. The
5		individual to be examined may have, at his or her own expense,
6		another physician of his or her choice present during all
7		aspects of the examination. Failure of any individual to submit
8		to mental or physical examination and evaluation, or both, when
9		directed, shall result in an automatic suspension, without
10		hearing, until such time as the individual submits to the
11		examination. If the Disciplinary Board or Licensing Board finds
12		a physician unable to practice following an examination and
13		evaluation because of the reasons set forth in this Section,
14		the Disciplinary Board or Licensing Board shall require such
15		physician to submit to care, counseling, or treatment by
16		physicians, or other health care professionals, approved or
17		designated by the Disciplinary Board, as a condition for
18		issued, continued, reinstated, or renewed licensure to
19		practice. Any physician, whose license was granted pursuant to
20		Sections 9, 17, or 19 of this Act, or, continued, reinstated,
21		renewed, disciplined or supervised, subject to such terms,
22		conditions or restrictions who shall fail to comply with such
23		terms, conditions or restrictions, or to complete a required
24		program of care, counseling, or treatment, as determined by the
25		Chief Medical Coordinator or Deputy Medical Coordinators,
26		shall be referred to the Secretary for a determination as to

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1		whether the licensee shall have their license suspended
2		immediately, pending a hearing by the Disciplinary Board. In
3		instances in which the Secretary immediately suspends a license
4		under this Section, a hearing upon such person's license must
5		be convened by the Disciplinary Board within 15 days after such
6		suspension and completed without appreciable delay. The
7		Disciplinary Board shall have the authority to review the
8		subject physician's record of treatment and counseling
9		regarding the impairment, to the extent permitted by applicable
10		federal statutes and regulations safeguarding the
11		confidentiality of medical records.
12		An individual licensed under this Act, affected under this
13		Section, shall be afforded an opportunity to demonstrate to the
14		Disciplinary Board that they can resume practice in compliance
15		with acceptable and prevailing standards under the provisions
16		of their license.
17		The Department may promulgate rules for the imposition of
18		fines in disciplinary cases, not to exceed $10,000 for each
19		violation of this Act. Fines may be imposed in conjunction with
20		other forms of disciplinary action, but shall not be the
21		exclusive disposition of any disciplinary action arising out of
22		conduct resulting in death or injury to a patient. Any funds
23		collected from such fines shall be deposited in the Medical
24		Disciplinary Fund.
25		All fines imposed under this Section shall be paid within
26		60 days after the effective date of the order imposing the fine

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1		or in accordance with the terms set forth in the order imposing
2		the fine.
3		(B) The Department shall revoke the license or permit
4		issued under this Act to practice medicine or a chiropractic
5		physician who has been convicted a second time of committing
6		any felony under the Illinois Controlled Substances Act or the
7		Methamphetamine Control and Community Protection Act, or who
8		has been convicted a second time of committing a Class 1 felony
9		under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
10		person whose license or permit is revoked under this subsection
11		B shall be prohibited from practicing medicine or treating
12		human ailments without the use of drugs and without operative
13		surgery.
14		(C) The Department shall not revoke, suspend, place on
15		probation, reprimand, refuse to issue or renew, or take any
16		other disciplinary or non-disciplinary action against the
17		license or permit issued under this Act to practice medicine to
18		a physician based solely upon the recommendation of the
19		physician to an eligible patient regarding, or prescription
20		for, or treatment with, an investigational drug, biological
21		product, or device.
22		(D) (C) The Disciplinary Board shall recommend to the
23		Department civil penalties and any other appropriate
24		discipline in disciplinary cases when the Board finds that a
25		physician willfully performed an abortion with actual
26		knowledge that the person upon whom the abortion has been

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1		performed is a minor or an incompetent person without notice as
2		required under the Parental Notice of Abortion Act of 1995.
3		Upon the Board's recommendation, the Department shall impose,
4		for the first violation, a civil penalty of $1,000 and for a
5		second or subsequent violation, a civil penalty of $5,000.
6		(Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;
7		98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)