The Illinois Medical Practice Act is an essential state law that governs the practice of medicine in our state; without it, any person regardless of quali cation could practice medicine in Illinois without restriction or penalty. Because medicine is an ever-changing eld, the Act is set to expire on a regular basis, enabling the legislature to ensure that the law keeps pace with the current state of medical practice. Unfortunately, this regular expiration has also allowed politicians and interest groups to use this indispensable piece of legislation as a tool for exercising political in uence.
As part of a recent overhaul of the entire Domestic Relations Statute, the Illinois Legislature revised the Illinois Grandparent Visitation Act. The Act still requires grandparents to show harm to the child becuase of the parent’s decision to deny visitation.
(750 ILCS 5/602.9)
Sec. 602.9. Visitation by certain non-parents.
(a) As used in this Section:
(1) “electronic communication” means time that a
grandparent, great-grandparent, sibling, or step-parent spends with a child during which the child is not in the person’s actual physical custody, but which is facilitated by the use of communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication;
(2) “sibling” means a brother or sister either of
the whole blood or the half blood, stepbrother, or stepsister of the minor child;
(3) “step-parent” means a person married to a
child’s parent, including a person married to the child’s parent immediately prior to the parent’s death; and
(4) “visitation” means in-person time spent between a
child and the child’s grandparent, great-grandparent, sibling, step-parent, or any person designated under subsection (d) of Section 602.7. In appropriate circumstances, visitation may include electronic communication under conditions and at times determined by the court.
(b) General provisions.
(1) An appropriate person, as identified in
subsection (c) of this Section, may bring an action in circuit court by petition, or by filing a petition in a pending dissolution proceeding or any other proceeding that involves parental responsibilities or visitation issues regarding the child, requesting visitation with the child pursuant to this Section. If there is not a pending proceeding involving parental responsibilities or visitation with the child, the petition for visitation with the child must be filed in the county in which the child resides. Notice of the petition shall be given as provided in subsection (c) of Section 601.2 of this Act.
(2) This Section does not apply to a child:
(A) in whose interests a petition is pending
under Section 2-13 of the Juvenile Court Act of 1987; or
(B) in whose interests a petition to adopt by an
unrelated person is pending under the Adoption Act; or
(C) who has been voluntarily surrendered by the
parent or parents, except for a surrender to the Department of Children and Family Services or a foster care facility; or
(D) who has been previously adopted by an
individual or individuals who are not related to the biological parents of the child or who is the subject of a pending adoption petition by an individual or individuals who are not related to the biological parents of the child; or
(E) who has been relinquished pursuant to the
Abandoned Newborn Infant Protection Act.
(3) A petition for visitation may be filed under this
Section only if there has been an unreasonable denial of visitation by a parent and the denial has caused the child undue mental, physical, or emotional harm.
(4) There is a rebuttable presumption that a fit
parent’s actions and decisions regarding grandparent, great-grandparent, sibling, or step-parent visitation are not harmful to the child’s mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent’s actions and decisions regarding visitation will cause undue harm to the child’s mental, physical, or emotional health.
(5) In determining whether to grant visitation, the
court shall consider the following:
(A) the wishes of the child, taking into account
the child’s maturity and ability to express reasoned and independent preferences as to visitation;
(B) the mental and physical health of the child;
(C) the mental and physical health of the
grandparent, great-grandparent, sibling, or step-parent;
(D) the length and quality of the prior
relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;
(E) the good faith of the party in filing the
(F) the good faith of the person denying
(G) the quantity of the visitation time requested
and the potential adverse impact that visitation would have on the child’s customary activities;
(H) any other fact that establishes that the loss
of the relationship between the petitioner and the child is likely to unduly harm the child’s mental, physical, or emotional health; and
(I) whether visitation can be structured in a way
to minimize the child’s exposure to conflicts between the adults.
(6) Any visitation rights granted under this Section
before the filing of a petition for adoption of the child shall automatically terminate by operation of law upon the entry of an order terminating parental rights or granting the adoption of the child, whichever is earlier. If the person or persons who adopted the child are related to the child, as defined by Section 1 of the Adoption Act, any person who was related to the child as grandparent, great-grandparent, or sibling prior to the adoption shall have standing to bring an action under this Section requesting visitation with the child.
(7) The court may order visitation rights for the
grandparent, great-grandparent, sibling, or step-parent that include reasonable access without requiring overnight or possessory visitation.
(c) Visitation by grandparents, great-grandparents, step-parents, and siblings.
(1) Grandparents, great-grandparents, step-parents,
and siblings of a minor child who is one year old or older may bring a petition for visitation and electronic communication under this Section if there is an unreasonable denial of visitation by a parent that causes undue mental, physical, or emotional harm to the child and if at least one of the following conditions exists:
(A) the child’s other parent is deceased or has
been missing for at least 90 days. For the purposes of this subsection a parent is considered to be missing if the parent’s location has not been determined and the parent has been reported as missing to a law enforcement agency; or
(B) a parent of the child is incompetent as a
matter of law; or
(C) a parent has been incarcerated in jail or
prison for a period in excess of 90 days immediately prior to the filing of the petition; or
(D) the child’s parents have been granted a
dissolution of marriage or have been legally separated from each other or there is pending a dissolution proceeding involving a parent of the child or another court proceeding involving parental responsibilities or visitation of the child (other than an adoption proceeding of an unrelated child, a proceeding under Article II of the Juvenile Court Act of 1987, or an action for an order of protection under the Illinois Domestic Violence Act of 1986 or Article 112A of the Code of Criminal Procedure of 1963) and at least one parent does not object to the grandparent, great-grandparent, step-parent, or sibling having visitation with the child. The visitation of the grandparent, great-grandparent, step-parent, or sibling must not diminish the parenting time of the parent who is not related to the grandparent, great-grandparent, step-parent, or sibling seeking visitation; or
(E) the child is born to parents who are not
married to each other, the parents are not living together, and the petitioner is a grandparent, great-grandparent, step-parent, or sibling of the child, and parentage has been established by a court of competent jurisdiction.
(2) In addition to the factors set forth in
subdivision (b)(5) of this Section, the court should consider:
(A) whether the child resided with the petitioner
for at least 6 consecutive months with or without a parent present;
(B) whether the child had frequent and regular
contact or visitation with the petitioner for at least 12 consecutive months; and
(C) whether the grandparent, great-grandparent,
sibling, or step-parent was a primary caretaker of the child for a period of not less than 6 consecutive months within the 24-month period immediately preceding the commencement of the proceeding.
(3) An order granting visitation privileges under
this Section is subject to subsections (c) and (d) of Section 603.10.
(4) A petition for visitation privileges may not be
filed pursuant to this subsection (c) by the parents or grandparents of a parent of the child if parentage between the child and the related parent has not been legally established.
(d) Modification of visitation orders.
(1) Unless by stipulation of the parties, no motion
to modify a grandparent, great-grandparent, sibling, or step-parent visitation order may be made earlier than 2 years after the date the order was filed, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously the child’s mental, physical, or emotional health.
(2) The court shall not modify an order that grants
visitation to a grandparent, great-grandparent, sibling, or step-parent unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior visitation order or that were unknown to the court at the time of entry of the prior visitation order, that a change has occurred in the circumstances of the child or his or her parent, and that the modification is necessary to protect the mental, physical, or emotional health of the child. The court shall state in its decision specific findings of fact in support of its modification or termination of the grandparent, great-grandparent, sibling, or step-parent visitation. A child’s parent may always petition to modify visitation upon changed circumstances when necessary to promote the child’s best interests.
(3) Notice of a motion requesting modification of a
visitation order shall be provided as set forth in subsection (c) of Section 601.2 of this Act.
(4) Attorney’s fees and costs shall be assessed
against a party seeking modification of the visitation order if the court finds that the modification action is vexatious and constitutes harassment.
(e) No child’s grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to subsection (d) of Section 602.7, who was convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age including, but not limited to, offenses for violations of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, is entitled to visitation while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for that offense, and upon discharge from incarceration for a misdemeanor offense or upon discharge from parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense. Visitation shall be denied until the person successfully completes a treatment program approved by the court. Upon completion of treatment, the court may deny visitation based on the factors listed in subdivision (b)(5) of this Section.
(f) No child’s grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to subsection (d) of Section 602.7, may be granted visitation if he or she has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation request. Pursuant to a motion to modify visitation, the court shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section or granted visitation under subsection (d) of Section 602.7, if the person has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation order. Until an order is entered pursuant to this subsection, no person may visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child without the consent of the child’s parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
The Illinois Department of Financial and Professional Regulation may discipline an Illinois Doctor for the following reasons:
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on December 31, 2017)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation, reprimand, refuse to issue or renew, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to the license or permit of any person issued under this Act, including imposing fines not to exceed $10,000 for each violation, upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the
Ambulatory Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the State or any agency thereof, where such department or agency has authority under law to establish and enforce standards for the ambulatory surgical treatment centers, hospitalization, or care facilities under its management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any university or college established under the laws of this State and supported principally by public funds raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of any other substances which results in the inability to practice with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided
by law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine, treatment, or remedy prescribed by them at their direction in the treatment of any disease or other condition of the body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to practice as a medical doctor, doctor of osteopathy, doctor of osteopathic medicine or doctor of chiropractic, a certified copy of the record of the action taken by the other state or jurisdiction being prima facie evidence thereof. This includes any adverse action taken by a State or federal agency that prohibits a medical doctor, doctor of osteopathy, doctor of osteopathic medicine, or doctor of chiropractic from providing services to the agency’s participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or violation of the rules, or a final administrative action of the Secretary, after consideration of the recommendation of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Disciplinary Board that the
registrant after having his or her license placed on probationary status or subjected to conditions or restrictions violated the terms of the probation or failed to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner as to exploit the patient for financial gain of the physician.
(19) Offering, undertaking or agreeing to cure or
treat disease by a secret method, procedure, treatment or medicine, or the treating, operating or prescribing for any human condition by a method, means or procedure which the licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of sexual misconduct related to the licensee’s practice.
(21) Wilfully making or filing false records or
reports in his or her practice as a physician, including, but not limited to, false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another person to omit to file or record, medical reports as required by law, or wilfully failing to report an instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for
professional services, including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing such false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under this Act.
(27) Mental illness or disability which results in
the inability to practice under this Act with reasonable judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor skill which results in a physician’s inability to practice under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing jurisdiction (any other state or any territory of the United States or any foreign state or country), by any peer review body, by any health care institution, by any professional society or association related to practice under this Act, by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical doctor, a doctor of osteopathy, a doctor of osteopathic medicine, or doctor of chiropractic in another state or jurisdiction, or surrender of membership on any medical staff or in any medical or professional association or society, while under disciplinary investigation by any of those authorities or bodies, for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information, legally requested by the Department after consultation with the Chief Medical Coordinator or the Deputy Medical Coordinator.
(39) Violating the Health Care Worker Self-Referral
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice nurses resulting in an inability to adequately collaborate.
(43) Repeated failure to adequately collaborate with
a licensed advanced practice nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Pilot Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing psychologists resulting in an inability to adequately collaborate.
(46) Repeated failure to adequately collaborate with
a licensed prescribing psychologist.
The Illinois Department of Financial and Professional Regulation publishes a monthly report detailing disciplinary action taken by the Department. Each disciplinary report lists all licensees disciplined by the Department within a given month. It includes the name of the disciplined professional, the city where the licensee is registered, the discipline imposed and a brief description of the reason for the discipline. All monthly disciplinary reports are accurate on the date of issuance or initial date of publication. However, disciplinary actions may be subject to further court orders that may stay, affirm, reverse, remand or otherwise alter Division disciplinary orders. For the current status of a license, and a summary of discipline (if any), please refer to the various License Look-up features for Professionals or Businesses such as Credit Unions or Consumer Lenders and Banks or Mortgage Companies (and their staff).
Please note that a discipline that has been stayed or reversed will not appear in the summary of the discipline.
Licensure The Act speci es many details regarding medical licensure, including: • Requirements for medical education and tness for licensure; • The term of each license and conditions for renewal; • Continuing medical education requirements; • Licensure fees and the purposes for which they may be used; and • General terms under which medical students, residents, and visiting physicians may practice. Discipline The Act also speci es many details regarding medical discipline, including: • Penalties for practicing medicine without a license or beyond the scope of one’s license; • What disciplinary actions may be taken by IDFPR, including restriction, suspension, or revocation of licenses; • 43 speci c grounds for discipline, ranging from gross negligence to record-keeping failures; • Fines that may be levied by IDFPR in addition to any disciplinary action; and • Requirements for con dentiality of all materials related to disciplinary proceedings.
(410 ILCS 130/) Compassionate Use of Medical Cannabis Pilot Program Act.
(410 ILCS 130/1)
(410 ILCS 130/5)
(Section scheduled to be repealed on July 1, 2020)
Sec. 5. Findings.
(a) The recorded use of cannabis as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses of cannabis in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences’ Institute of Medicine in March 1999.
(b) Studies published since the 1999 Institute of Medicine report continue to show the therapeutic value of cannabis in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fail to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens.
(c) Cannabis has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 600,000 patients in states with medical cannabis laws. The medical utility of cannabis is recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association, the Leukemia & Lymphoma Society, and many others.
(d) Data from the Federal Bureau of Investigation’s Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 cannabis arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing State law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use cannabis.
(d-5) In 2014, the Task Force on Veterans’ Suicide was created by the Illinois General Assembly to gather data on veterans’ suicide prevention. Data from a U.S. Department of Veterans Affairs study indicates that 22 veterans commit suicide each day.
(e) Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C. have removed state-level criminal penalties from the medical use and cultivation of cannabis. Illinois joins in this effort for the health and welfare of its citizens.
(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this Act does not put the State of Illinois in violation of federal law.
(g) State law should make a distinction between the medical and non-medical uses of cannabis. Hence, the purpose of this Act is to protect patients with debilitating medical conditions, as well as their physicians and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if the patients engage in the medical use of cannabis.
(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16.)
Many doctors have licenses in more than one state. Whether you have actively use your license or just have it just in case, a discipline in one state is likely to lead to a discipline in another. The Illinois Department of Financial and Professional Regulation will often mirror the discipline of another state. There is no hard and fast rule in the Illinois Medical Practice Act that Illinois MUST follow the discipline of another state. Some states are harder on doctors than others. Illinois is harder than some and more lenient than others. Just becuase a state has disciplined you does not mean that you MUST get the same punishment in Illinois. A doctor disciplined in one state has the right to a hearing in Illinois, not to dispute the fact that the doctor was disciplined (unless that is actually the case) but to show that the discipline in Illinois should be less restrictive.