Physician Adverse Report Action-Illinois Doctors.

As set forth in the Illinois Medical Practice Act (“Act”), physicians are required to complete a report for the following: a. Adverse final action taken against you by any of the following:
 another licensing jurisdiction (any other state or any territory of the United States or any foreign state or country),
 peer review body,
 health care institution,
 professional society or association related to practice under the Act,
 governmental agency,
 law enforcement agency,
 court for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in the Act, or
 state or federal agency that restricts or prohibits you from providing services to the agency’s participants.
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 the Act; or b. c.
2. Email complete signed forms to FPR.MedicalAdverse@Illinois.gov within 60 days. 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 the Act.

 

The following is required:

Physician Name: Physician License No.: Physician Email: Physician Phone No.: Physician Address: (City, State, Zip Code) check if address changed PHYSICIAN ADVERSE ACTION INFORMATION Date of Occurrence: Description: Please use additional pages if needed and attach all relevant documentation (including, but not limited to a copy of an adverse final action taken against you).

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Physician Adverse Report Action-Illinois Doctors.

Permanently Revoked Health Care Workers may Petition for Review to Reinstate License.

Effective January 1, 2017, previously barred health care workers and first time applicants may become eligible for a license. Under the Department’s new process, a health care worker who was permanently revoked or denied due to a forcible felony may file a Petition for Review, which is currently available on the Department’s website. The review process does not apply to a forcible felony requiring registration under the Sex Offender Registration Act, involuntary sexual servitude of a minor, or a criminal battery against any patient in the course of patient care or treatment that is a forcible felony. Information about applying for licensure are available on the Department’s website.

Permanently Revoked Health Care Workers may Petition for Review to Reinstate License.

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.

 

New Law Will Require Registration in the Illinois Prescription Monitoring Program

Arizona Doctors and Medical Staff Bylaws

Every Hospital in Arizona has medical staff bylaws, which are created and amended by the medical staff.  The Medical Executive Committee (“MEC”) is the governing body of a Hospital’s medical staff. Arizona Law considers that medical staff bylaws to be a contract, and the disciplinary procedures in the bylaws must be followed if the medical staff (through the MEC) or the Hospital (though the Governing Board) wants to limit a doctors medical staff privileges.  Doctors whose medical staff privileges are disciplined for more than 30 days, or doctors that leave in the middle of an investigation of their privileges to avoid discipline must be reported to the National Practitioner Data Bank.  Therefore, doctors must demand that the medical staff bylaws (along with state and federal law) are adhered to.

Arizona Doctors and Medical Staff Bylaws

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

Revised Illinois Grandparent Visitation Act

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

petition;
(F) the good faith of the person denying

visitation;
(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.)

Revised Illinois Grandparent Visitation Act