New Law Will Require Registration in the Illinois Prescription Monitoring Program

The General Assembly recently passed legislation that will require all controlled substance license holders to register in Illinois Prescription Monitoring Program (PMP) by January 1, 2018.

The new law awaits the Governor’s signature but efforts to delay the start date of January 1 have not been successful. While the law does have an exception for emergency department prescribing, there is no exception for PMP registration (see details below).

ICEP urges all members, including residents, to begin the process for PMP registration now.

If you are licensed in the state of Illinois to prescribe controlled substances and are not already registered with the PMP, visit http://www.ilpmp.org to initiate your registration. If you experience programs registering, contact PMP at 217-524-1311, or via email to dhs.pmp@illinois.gov.

Beginning January 1, the expected law will require prescribers to access patient information in the PMP before writing an initial prescription for a Schedule II narcotic, such as an opioid.

Exception for Emergency Department Prescribers
The requirement for documented access to PMP before prescribing a Schedule II narcotic is waived for EDs under the following circumstances:

7-day or less supply provided by a hospital emergency department when treating an acute, traumatic medical condition
ICEP will provide updates about the new law’s requirements as more information becomes available. At this time, penalties for noncompliance have not been announced.

 

Advertisements
New Law Will Require Registration in the Illinois Prescription Monitoring Program

Illinois Nurses Face License Discipline for Home Health Violations.

The Illinois Department of Financial and Professional Regulation has recently been disciplining Illinois Nurses for issues related to the practice of Home Health Care.  Many Nursing Agencies, that place nurses, have been auditing nursing records to verify that nurses are staying for as long as they say there are.  Some Home Health Patients are even being interviewed.  The Department also disciplines nurses for exceeding the scope of their licenses.  Some nurses will change doctor’s orders, or even give care without consulting a doctor.  Even though nurses can be overworked, they must check in with the medical director in charge of the patient before altering medical care to a Home Health patient.

Illinois Nurses Face License Discipline for Home Health Violations.

Opioid Crisis Impacts Illinois Doctors

The Federal Government has declared the opioid crisis in the USA to be a public health emergency.   This has resulted in stricter limitations on new and existing opioid prescriptions.  Doctors who prescribe opioids must take great precaution to prevent patient abuse.  Patients should be drug tested on a regular basis to rule out abuse of drugs not prescribed.  Early refills, whatever the reason, must be strongly discouraged.  Doctors must regularly check the PMP Prescription Monitoring Program for each and every patient they prescribe to.  Bottom line is that Illinois doctors will be under more and more scrutiny in the days and months to come.

Opioid Crisis Impacts Illinois Doctors

Section 225 ILCS 60/22 of the Illinois Medical Practice Act lists Discipinary Actions.

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

Licensing Act;
(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

misrepresentation.
(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

Act.
(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.

Section 225 ILCS 60/22 of the Illinois Medical Practice Act lists Discipinary Actions.

Illinois Department of Financial and Professional Regulation Discipline

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.

Illinois Department of Financial and Professional Regulation Discipline

Illinois Medical Practice Act Regulates Licensure and 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.

Illinois Medical Practice Act Regulates Licensure and Discipline

What is the Illinois Medical Practice Act

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.

What is the Illinois Medical Practice Act