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(Section scheduled to be repealed on December 31, 2017)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.