PROHIBIT INTERNET PRESCRIBING
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HB 4391 — PROHIBIT INTERNET PRESCRIBING
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Medical Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Illinois Optometric Practice Act of 1987, the Illinois Dental Practice Act, the Physician Assistant Practice Act of 1987, and the Nursing and Advanced Practice Nursing Act to provide that violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.
Bill Text
What changed in the latest version
1569 added · 1403 removedPlain-language change summary
The updated version of HB 4391 now clarifies the conditions under which licensed veterinarians, physician assistants, and advanced practice registered nurses can prescribe medications remotely. It establishes that a physical examination or documented patient evaluation must be completed, discussions on treatment options must occur, and medical records must be kept. This change is significant as it aims to ensure patient safety and proper medical oversight when prescriptions are given through electronic means. The bill also includes an exception for emergency situations, allowing for immediate medication administration when necessary.
*LRB09516910KBJ42954b* HB4391 95THEngrossed GENERALLRB095 ASSEMBLY16910 StateKBJ of42954 Illinoisb andAN 2008ACT HB4391concerning bypublic Rep.health.
Karen May SYNOPSIS AS INTRODUCED:
New Act ILCS 25/23 from Ch.
111, par.
2323 ILCS 60/22 from Ch.
111, par.
4400-22 ILCS 65/15-50 ILCS 80/24 from Ch.
111, par.
3924 ILCS 95/21 from Ch.
111, par.
4621 ILCS 100/24 from Ch.
111, par.
4824 Creates the Internet Prescribing Prohibition Act.
Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed;
(2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment;
and (3) the prescriber has maintained the patient’s medical records.
Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy.
Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation.
Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review.
Amends the Medical Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Illinois Optometric Practice Act of 1987, the Illinois Dental Practice Act, the Physician Assistant Practice Act of 1987, and the Nursing and Advanced Practice Nursing Act to provide that violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.
LRB095 16910 KBJ 42954 b A BILL FOR HB4391 LRB095 16910 KBJ 42954 b AN ACT concerning public health.
"Licensed prescribers" means physicians licensed to practice medicine in all its branches, licensed podiatrists, therapeutically-certified optometrists, licensed dentists, licensed veterinarians, licensed physician assistants who have been delegated prescriptive authority by a supervising physician, and licensed advanced practice registered nurses who have a written collaborative agreement with a collaborating physician that authorizes prescriptive authority.
(a) Illinois licensed prescribers may not knowingly prescribe controlledmedications substances under the Illinois Controlled Substances Act for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless the following elements have been met:
HB4391 - 2 - LRB095 16910 KBJ 42954 b (1) the patient has been physically examined by the HB4391 Engrossed - 2 - LRB095 16910 KBJ 42954 b prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed;
(2) on-call or cross-coverage situations in which a HB4391 Engrossed - 3 - LRB095 16910 KBJ 42954 b (2) on-call or cross-coverage situations in which a prescriber provides care for another prescriber’s patients;
2323) HB4391 - 4 - LRB095 16910 KBJ 42954 b (Section scheduled to be repealed on January 1, 2016) HB4391 Engrossed - 4 - LRB095 16910 KBJ 42954 b Sec.
The person practiced upon is not an accomplice, employer, procurer, inducer, aider, or HB4391 Engrossed - 5 - LRB095 16910 KBJ 42954 b not an accomplice, employer, procurer, inducer, aider, or abetter within the meaning of this Act.
Conviction in this or another State of any crime which is a felony under the laws of this State or conviction of a felony in a federal court, conviction of a misdemeanor, an essential element of which is dishonesty, or conviction of any crime which is directly related to the HB4391 - 6 - LRB095 16910 KBJ 42954 b practice of dentistry or dental hygiene.
HB4391 Engrossed - 6 - LRB095 16910 KBJ 42954 b 13.
Willfully making or filing false records or reports HB4391 - 7 - LRB095 16910 KBJ 42954 b in his practice as a dentist, including, but not limited HB4391 Engrossed - 7 - LRB095 16910 KBJ 42954 b to, false records to support claims against the dental assistance program of the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid).
Continuing the active practice of dentistry while knowingly having any infectious, communicable, or HB4391 - 8 - LRB095 16910 KBJ 42954 b contagious disease proscribed by rule or regulation of the HB4391 Engrossed - 8 - LRB095 16910 KBJ 42954 b Department.
The time during which the holder of the license was outside the State of Illinois shall not be included within any period of HB4391 - 9 - LRB095 16910 KBJ 42954 b time limiting the commencement of disciplinary action by the HB4391 Engrossed - 9 - LRB095 16910 KBJ 42954 b Department.
(a) a facility licensed pursuant to the Ambulatory HB4391 Engrossed - 10 - LRB095 16910 KBJ 42954 b (a) a facility licensed pursuant to the Ambulatory Surgical Treatment Center Act;
(3) The conviction of a felony in this or any other jurisdiction, except as otherwise provided in subsection B of this Section, whether or not related to practice under this Act, or the entry of a guilty or nolo contendere plea HB4391 - 11 - LRB095 16910 KBJ 42954 b to a felony charge.
HB4391 Engrossed - 11 - LRB095 16910 KBJ 42954 b (4) Gross negligence in practice under this Act.
(12) Disciplinary action of 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 HB4391 Engrossed - 12 - LRB095 16910 KBJ 42954 b 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.
Nothing contained in this subsection prohibits persons holding valid and current licenses under this Act from practicing medicine in partnership under a partnership agreement, including a limited liability partnership, in a limited liability company under the Limited Liability Company Act, in a corporation authorized by the Medical Corporation Act, as an association authorized by the Professional Association Act, or in a corporation under the Professional Corporation Act or from pooling, sharing, dividing or apportioning the fees and monies received by them or by the partnership, corporation or association in accordance with the HB4391 - 13 - LRB095 16910 KBJ 42954 b partnership agreement or the policies of the Board of HB4391 Engrossed - 13 - LRB095 16910 KBJ 42954 b Directors of the corporation or association.
(17) Prescribing, selling, administering, distributing, giving or self-administering any drug HB4391 Engrossed - 14 - LRB095 16910 KBJ 42954 b distributing, giving or self-administering any drug classified as a controlled substance (designated product) or narcotic for other than medically accepted therapeutic purposes.
(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 HB4391 - 15 - LRB095 16910 KBJ 42954 b of suspected abuse or neglect as required by law.
HB4391 Engrossed - 15 - LRB095 16910 KBJ 42954 b (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.
Show all 194 changed lines (154 more)
(28) Physical illness, including, but not limited to, HB4391 - 16 - LRB095 16910 KBJ 42954 b deterioration through the aging process, or loss of motor HB4391 Engrossed - 16 - LRB095 16910 KBJ 42954 b skill which results in a physician’s inability to practice under this Act with reasonable judgment, skill or safety.
(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 HB4391 - 17 - LRB095 16910 KBJ 42954 b for action as defined in this Section.
HB4391 Engrossed - 17 - LRB095 16910 KBJ 42954 b (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.
(40) Willful failure to provide notice when notice is HB4391 - 18 - LRB095 16910 KBJ 42954 b required under the Parental Notice of Abortion Act of 1995.
HB4391 Engrossed - 18 - LRB095 16910 KBJ 42954 b (41) Failure to establish and maintain records of patient care and treatment as required by this law.
For actions involving the ground numbered (26), a pattern of practice or other behavior includes all incidents alleged to be part of the pattern of practice or other behavior that occurred or a report pursuant to Section 23 of this Act HB4391 - 19 - LRB095 16910 KBJ 42954 b received within the 10-year period preceding the filing of the HB4391 Engrossed - 19 - LRB095 16910 KBJ 42954 b complaint.
The Department may refuse to issue or take disciplinary action concerning the license of any person who fails to file a HB4391 - 20 - LRB095 16910 KBJ 42954 b return, or to pay the tax, penalty or interest shown in a filed HB4391 Engrossed - 20 - LRB095 16910 KBJ 42954 b return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Illinois Department of Revenue.
In enforcing this Section, the Medical Disciplinary Board, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has HB4391 - 21 - LRB095 16910 KBJ 42954 b applied for licensure or a permit pursuant to this Act, to HB4391 Engrossed - 21 - LRB095 16910 KBJ 42954 b submit to a mental or physical examination, or both, as required by and at the expense of the Department.
Any physician, whose license was granted pursuant to Sections 9, 17, or 19 of this Act, or, continued, reinstated, renewed, HB4391 - 22 - LRB095 16910 KBJ 42954 b disciplined or supervised, subject to such terms, conditions or HB4391 Engrossed - 22 - LRB095 16910 KBJ 42954 b restrictions who shall fail to comply with such terms, conditions or restrictions, or to complete a required program of care, counseling, or treatment, as determined by the Chief Medical Coordinator or Deputy Medical Coordinators, shall be referred to the Secretary for a determination as to whether the licensee shall have their license suspended immediately, pending a hearing by the Disciplinary Board.
Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the HB4391 - 23 - LRB095 16910 KBJ 42954 b exclusive disposition of any disciplinary action arising out of HB4391 Engrossed - 23 - LRB095 16910 KBJ 42954 b conduct resulting in death or injury to a patient.
Upon the Board’s recommendation, the Department shall impose, for the first violation, a civil penalty of $1,000 and for a HB4391 - 24 - LRB095 16910 KBJ 42954 b second or subsequent violation, a civil penalty of $5,000.
HB4391 Engrossed - 24 - LRB095 16910 KBJ 42954 b (Source:
(3) Making a false or misleading statement regarding HB4391 Engrossed - 25 - LRB095 16910 KBJ 42954 b (3) Making a false or misleading statement regarding his or her skill or the efficacy or value of the medicine, treatment, or remedy prescribed by him or her in the course of treatment.
(8) Failure of a licensee to report to the Department any adverse final action taken against such licensee by another licensing jurisdiction (any other jurisdiction of the United States or any foreign state or country), any peer review body, any health care institution, a professional or nursing or advanced practice nursing society or association, a governmental agency, a law enforcement agency, or a court or a liability claim relating to acts or conduct similar to acts or conduct that HB4391 - 26 - LRB095 16910 KBJ 42954 b would constitute grounds for action as defined in this HB4391 Engrossed - 26 - LRB095 16910 KBJ 42954 b Section.
(b) The Department may refuse to issue or may suspend the HB4391 - 27 - LRB095 16910 KBJ 42954 b license of any person who fails to file a return, to pay the HB4391 Engrossed - 27 - LRB095 16910 KBJ 42954 b tax, penalty, or interest shown in a filed return, or to pay any final assessment of the tax, penalty, or interest as required by a tax Act administered by the Department of Revenue, until the requirements of the tax Act are satisfied.
HB4391 - 28 - LRB095 16910 KBJ 42954 b If the Department or APN Board finds an individual unable HB4391 Engrossed - 28 - LRB095 16910 KBJ 42954 b to practice because of the reasons set forth in this Section, the Department or APN Board may require that individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or APN Board as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice;
HB4391 - 29 - LRB095 16910 KBJ 42954 b An individual licensed under this Title and affected under HB4391 Engrossed - 29 - LRB095 16910 KBJ 42954 b this Section shall be afforded an opportunity to demonstrate to the Department or APN Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.
(3) Making any misrepresentation for the purpose of HB4391 Engrossed - 30 - LRB095 16910 KBJ 42954 b (3) Making any misrepresentation for the purpose of obtaining a license.
(11) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association HB4391 - 31 - LRB095 16910 KBJ 42954 b any fee, commission, rebate, or other form of compensation HB4391 Engrossed - 31 - LRB095 16910 KBJ 42954 b for any professional services not actually or personally rendered.
(17) Solicitation of professional services other than HB4391 Engrossed - 32 - LRB095 16910 KBJ 42954 b (17) Solicitation of professional services other than permitted advertising.
(24) Immoral conduct in the commission of any act, such as sexual abuse, sexual misconduct or sexual exploitation, HB4391 Engrossed - 33 - LRB095 16910 KBJ 42954 b as sexual abuse, sexual misconduct or sexual exploitation, related to the licensee’s practice.
(30) The performance of optometric service in HB4391 - 34 - LRB095 16910 KBJ 42954 b conjunction with a scheme or plan with another person, firm HB4391 Engrossed - 34 - LRB095 16910 KBJ 42954 b or corporation known to be advertising in a manner contrary to this Act or otherwise violating the laws of the State of Illinois concerning the practice of optometry.
(35) Violation of the Health Care Worker Self-Referral HB4391 Engrossed - 35 - LRB095 16910 KBJ 42954 b (35) Violation of the Health Care Worker Self-Referral Act.
The individual to be examined may have, HB4391 - 36 - LRB095 16910 KBJ 42954 b at his or her own expense, another physician of his or her HB4391 Engrossed - 36 - LRB095 16910 KBJ 42954 b choice present during all aspects of the examination.
Any individual whose license was granted pursuant to this Act, or continued, reinstated, renewed, disciplined, or supervised, subject to such conditions, terms, or restrictions, who shall fail to comply with such conditions, terms, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, HB4391 - 37 - LRB095 16910 KBJ 42954 b pending a hearing by the Board.
HB4391 Engrossed - 37 - LRB095 16910 KBJ 42954 b (b) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension.
(1) Material misstatement in furnishing information to HB4391 - 38 - LRB095 16910 KBJ 42954 b the Department.
HB4391 Engrossed - 38 - LRB095 16910 KBJ 42954 b (2) Violations of this Act, or the rules adopted under this Act.
jurisdiction or foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those HB4391 - 39 - LRB095 16910 KBJ 42954 b set forth in this Section.
HB4391 Engrossed - 39 - LRB095 16910 KBJ 42954 b (11) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered.
(17) 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 HB4391 - 40 - LRB095 16910 KBJ 42954 b neglected child as defined in the Abused and Neglected HB4391 Engrossed - 40 - LRB095 16910 KBJ 42954 b Child Reporting Act.
(27) Prescribing, selling, administering, distributing, giving, or self-administering a drug classified as a controlled substance (designated product) HB4391 Engrossed - 41 - LRB095 16910 KBJ 42954 b classified as a controlled substance (designated product) or narcotic for other than medically-accepted therapeutic purposes.
HB4391 - 42 - LRB095 16910 KBJ 42954 b (c) The determination by a circuit court that a licensee is HB4391 Engrossed - 42 - LRB095 16910 KBJ 42954 b subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension.
Failure of an individual to submit to a mental or physical examination, when directed, shall be grounds for HB4391 - 43 - LRB095 16910 KBJ 42954 b suspension of his or her license until the individual submits HB4391 Engrossed - 43 - LRB095 16910 KBJ 42954 b to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
The Department shall have the authority to review the subject individual’s record of treatment and counseling regarding the impairment to the extent permitted by applicable federal HB4391 Engrossed - 44 - LRB095 16910 KBJ 42954 b impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
(2) Violations of this Act, or of the rules or HB4391 - 45 - LRB095 16910 KBJ 42954 b regulations promulgated hereunder.
HB4391 Engrossed - 45 - LRB095 16910 KBJ 42954 b (3) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory of the United States that is a misdemeanor, of which an essential element is dishonesty, or of any crime that is directly related to the practice of the profession.
(11) Discipline by another United States jurisdiction if at least one of the grounds for the discipline is the HB4391 - 46 - LRB095 16910 KBJ 42954 b same or substantially equivalent to those set forth in this HB4391 Engrossed - 46 - LRB095 16910 KBJ 42954 b Section.
(17) Physical illness, mental illness, or other impairment, including but not limited to, deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with HB4391 - 47 - LRB095 16910 KBJ 42954 b reasonable judgment, skill or safety.
HB4391 Engrossed - 47 - LRB095 16910 KBJ 42954 b (18) Solicitation of professional services other than permitted advertising.
(23) Gross, willful, and continued overcharging for professional services including filing false statements HB4391 Engrossed - 48 - LRB095 16910 KBJ 42954 b professional services including filing false statements for collection of fees for those services, including, but not limited to, filing false statement 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 or other private or public third party payor.
(28) Violation of the Health Care Worker Self-Referral HB4391 - 49 - LRB095 16910 KBJ 42954 b Act.
HB4391 Engrossed - 49 - LRB095 16910 KBJ 42954 b (29) Failure to report to the Department any adverse final action taken against him or her by another licensing jurisdiction (another state or a territory of the United States or a foreign state or country) by a peer review body, by any health care institution, by a professional society or association related to practice under this Act, by a governmental agency, by a law enforcement agency, or by a court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this Section.
Upon receipt of a written communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of Public Aid), or the Director of Public Health that continuation of practice of a person licensed under this Act constitutes an immediate danger to the public, the Secretary may immediately suspend the license of HB4391 - 50 - LRB095 16910 KBJ 42954 b such person without a hearing.
In instances in which the HB4391 Engrossed - 50 - LRB095 16910 KBJ 42954 b Secretary immediately suspends a license under this Section, a hearing upon such person’s license must be convened by the Board within 15 days after such suspension and completed without appreciable delay, such hearing held to determine whether to recommend to the Secretary that the person’s license be revoked, suspended, placed on probationary status or reinstated, or such person be subject to other disciplinary action.
In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action HB4391 - 51 - LRB095 16910 KBJ 42954 b in favor of the plaintiff, such claim, cause of action, or HB4391 Engrossed - 51 - LRB095 16910 KBJ 42954 b civil action being grounded on the allegation that a person licensed under this Act was negligent in providing care, the Department shall have an additional period of 2 years from the date of notification to the Department under Section 26 of this Act of such settlement or final judgment in which to investigate and commence formal disciplinary proceedings under Section 24 of this Act, except as otherwise provided by law.
The individual to be examined may have, at his or her own expense, another physician of his or her choice HB4391 - 52 - LRB095 16910 KBJ 42954 b present during all aspects of this examination.
Failure of an HB4391 Engrossed - 52 - LRB095 16910 KBJ 42954 b individual to submit to a mental or physical examination, when directed, shall be grounds for suspension of his or her license until the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
In instances in which the Secretary immediately suspends a person’s license under this Section, a hearing on that person’s license must be convened by the Department within 30 days after HB4391 - 53 - LRB095 16910 KBJ 42954 b the suspension and completed without appreciable delay.
The HB4391 Engrossed - 53 - LRB095 16910 KBJ 42954 b Department and Board shall have the authority to review the subject individual’s record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
8-21-07.) Section 120.
The Veterinary Medicine and Surgery Practice Act of 2004 is amended by changing Section 25 as follows:
(225 ILCS 115/25) (from Ch.
111, par.
7025) (Section scheduled to be repealed on January 1, 2014) Sec.
25.
Disciplinary actions.
1.
The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem appropriate, including fines not to exceed $1,000 for each violation, with regard to any license or certificate for any one or combination of the following:
A.
Material misstatement in furnishing information to the Department.
HB4391 Engrossed - 54 - LRB095 16910 KBJ 42954 b B.
Violations of this Act, or of the rules promulgated under this Act.
C.
Conviction of any crime under the laws of the United States or any state or territory of the United States that is a felony or that is a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.
D.
Making any misrepresentation for the purpose of obtaining licensure or certification, or violating any provision of this Act or the rules promulgated under this Act pertaining to advertising.
E.
Professional incompetence.
F.
Gross malpractice.
G.
Aiding or assisting another person in violating any provision of this Act or rules.
H.
Failing, within 60 days, to provide information in response to a written request made by the Department.
I.
Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public.
J.
Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
K.
Discipline by another state, District of Columbia, territory, or foreign nation, if at least one of the HB4391 Engrossed - 55 - LRB095 16910 KBJ 42954 b grounds for the discipline is the same or substantially equivalent to those set forth herein.
L.
Directly or indirectly giving to or receiving from any person, firm, corporation, partnership or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered.
M.
A finding by the Board that the licensee or certificate holder, after having his license or certificate placed on probationary status, has violated the terms of probation.
N.
Willfully making or filing false records or reports in his practice, including but not limited to false records filed with State agencies or departments.
O.
Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgement, skill or safety.
P.
Solicitation of professional services other than permitted advertising.
Q.
Having professional connection with or lending one’s name, directly or indirectly, to any illegal practitioner of veterinary medicine and surgery and the various branches thereof.
R.
Conviction of or cash compromise of a charge or violation of the Harrison Act or the Illinois Controlled HB4391 Engrossed - 56 - LRB095 16910 KBJ 42954 b Substances Act, regulating narcotics.
S.
Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.
T.
Failing to report, as required by law, or making false report of any contagious or infectious diseases.
U.
Fraudulent use or misuse of any health certificate, shipping certificate, brand inspection certificate, or other blank forms used in practice that might lead to the dissemination of disease or the transportation of diseased animals dead or alive;
or dilatory methods, willful neglect, or misrepresentation in the inspection of milk, meat, poultry, and the by-products thereof.
V.
Conviction on a charge of cruelty to animals.
W.
Failure to keep one’s premises and all equipment therein in a clean and sanitary condition.
X.
Failure to provide satisfactory proof of having participated in approved continuing education programs.
Y.
Failure to (i) file a return, (ii) pay the tax, penalty, or interest shown in a filed return, or (iii) pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the requirements of that tax Act are satisfied.
Z.
Conviction by any court of competent jurisdiction, either within or outside this State, of any violation of any law governing the practice of veterinary medicine, if HB4391 Engrossed - 57 - LRB095 16910 KBJ 42954 b the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.
AA.
Promotion of the sale of drugs, devices, appliances, or goods provided for a patient in any manner to exploit the client for financial gain of the veterinarian.
BB.
Gross, willful, or continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.
CC.
Practicing under a false or, except as provided by law, an assumed name.
DD.
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.
EE.
Cheating on or attempting to subvert the licensing examination administered under this Act.
FF.
Using, prescribing, or selling a prescription drug or the extra-label use of a prescription drug by any means in the absence of a valid veterinarian-client-patient relationship.
GG.
Failing to report a case of suspected aggravated cruelty, torture, or animal fighting pursuant to Section 3.07 or 4.01 of the Humane Care for Animals Act or Section 26-5 of the Criminal Code of 1961.
HH.
Violating any provision of the Internet HB4391 Engrossed - 58 - LRB095 16910 KBJ 42954 b Prescribing Prohibition Act.
2.
The determination by a circuit court that a licensee or certificate holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension.
The suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient;
and upon the recommendation of the Board to the Director that the licensee or certificate holder be allowed to resume his practice.
3.
All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license or certificate on any of the foregoing grounds, must be commenced within 3 years after receipt by the Department of a complaint alleging the commission of or notice of the conviction order for any of the acts described in this Section.
Except for proceedings brought for violations of items (CC), (DD), or (EE), no action shall be commenced more than 5 years after the date of the incident or act alleged to have violated this Section.
In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action in favor of the plaintiff, the claim, cause of action, or civil action being grounded on the allegation that a person licensed or certified under this Act HB4391 Engrossed - 59 - LRB095 16910 KBJ 42954 b was negligent in providing care, the Department shall have an additional period of one year from the date of the settlement or final judgment in which to investigate and begin formal disciplinary proceedings under Section 25.2 of this Act, except as otherwise provided by law.
The time during which the holder of the license or certificate was outside the State of Illinois shall not be included within any period of time limiting the commencement of disciplinary action by the Department.
4.
The Department may refuse to issue or take disciplinary action concerning the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Department of Revenue.
5.
In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department.
The examining physicians or clinical psychologists shall be those specifically designated by the Board.
The Board or the Department may order (i) the examining physician to present testimony concerning the mental or physical examination of a licensee or applicant or (ii) the examining clinical psychologist to present testimony concerning the mental HB4391 Engrossed - 60 - LRB095 16910 KBJ 42954 b examination of a licensee or applicant.
No information shall be excluded by reason of any common law or statutory privilege relating to communications between a licensee or applicant and the examining physician or clinical psychologist.
An individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of the examination.
Failure of an individual to submit to a mental or physical examination, when directed, is grounds for suspension of his or her license.
The license must remain suspended until the person submits to the examination or the Board finds, after notice and hearing, that the refusal to submit to the examination was with reasonable cause.
If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board must require the individual to submit to care, counseling, or treatment by a physician or clinical psychologist approved by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice.
In lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend or revoke the license of the individual or otherwise discipline the licensee.
Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any HB4391 Engrossed - 61 - LRB095 16910 KBJ 42954 b individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a determination as to whether the person shall have his or her license suspended immediately, pending a hearing by the Board.
(Source:
P.A.
93-281, eff.
12-31-03.)
Show all 194 changed rows (154 more)
Action History
-
Session Sine Die
-
Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
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Added as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
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Added as Alternate Chief Co-Sponsor Sen. Dan Cronin
-
Referred to Rules
-
First Reading
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Chief Senate Sponsor Sen. Michael W. Frerichs
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Placed on Calendar Order of First Reading April 3, 2008
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Arrive in Senate
-
Third Reading - Short Debate - Passed 079-028-000
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Added Chief Co-Sponsor Rep. William B. Black
-
Added Chief Co-Sponsor Rep. Elizabeth Coulson
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Added Chief Co-Sponsor Rep. Greg Harris
-
Placed on Calendar Order of 3rd Reading - Short Debate
-
House Floor Amendment No. 2 Adopted by Voice Vote
-
House Floor Amendment No. 1 Adopted by Voice Vote
-
Second Reading - Short Debate
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House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
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House Floor Amendment No. 2 Referred to Rules Committee
-
House Floor Amendment No. 2 Filed with Clerk by Rep. Karen May
-
House Floor Amendment No. 1 Referred to Rules Committee
-
House Floor Amendment No. 1 Filed with Clerk by Rep. Karen May
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Human Services Committee; 009-000-000
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Assigned to Human Services Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Karen May
Sponsors
- Karen May · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 4 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Karen May
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 71 | 24 | 0 | 10 |
| Democrat | 5 | 3 | 0 | 1 |
| Republican | 3 | 1 | 0 | 0 |
| Total | 79 | 28 | 0 | 11 |
| % of votes cast | 67% | 24% | 0% | 9% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Munson | — | Yea |
| Hamos | — | Yea |
| Jakobsson | — | Yea |
| Jefferies | — | Yea |
| Jefferson | — | Nay |
| Meyer | — | Nay |
| Lang | — | Yea |
| Lindner | — | Yea |
| Reitz | — | Yea |
| Lyons | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Leitch | — | Nay |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mendoza | — | Yea |
| Moffitt | — | Yea |
| Molaro | — | Yea |
| McGuire | — | Yea |
| Mulligan | — | Yea |
| Nekritz | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Pritchard | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Schock | — | Yea |
| Scully | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Howard | — | Yea |
| Davis, Monique | — | Yea |
| Bradley, John | — | Nay |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Dugan | — | Nay |
| Eddy | — | Nay |
| Flider | — | Nay |
| Franks | — | Nay |
| Golar | — | Yea |
| Graham | — | Yea |
| Hassert | — | Yea |
| Holbrook | — | Yea |
| Madigan | — | Not Voting |
| Hernandez | — | Nay |
| Myers | — | Nay |
| Bradley, Richard | — | Not Voting |
| Watson | — | Not Voting |
| Pihos | — | Not Voting |
| Verschoore | — | Nay |
| Wait | — | Nay |
| Washington | — | Not Voting |
| Winters | — | Nay |
| Cultra | — | Nay |
| Fortner | — | Not Voting |
| Froehlich | — | Nay |
| Granberg | — | Not Voting |
| Kosel | — | Nay |
| Osmond | — | Yea |
| Osterman | — | Not Voting |
| Patterson | — | Yea |
| Phelps | — | Nay |
| Poe | — | Nay |
| Ramey | — | Yea |
| Reboletti | — | Nay |
| Reis | — | Nay |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Krause | — | Not Voting |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Nay |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Not Voting |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Nay |
| Brauer | — | Nay |
| Brosnahan | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Fritchey | — | Yea |
| Gordon | — | Nay |
| Chapa LaVia | — | Yea |
| Fred Crespo | Democrat | Nay |
| Jay Hoffman | Democrat | Nay |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Not Voting |
| Nicholas K. Smith | Democrat | Nay |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4391 do?
- Creates the Internet Prescribing Prohibition Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1) the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2) the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3) the prescriber has maintained the patient's medical records. Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a person convicted of violating the Act to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review. Amends the Medical Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Illinois Optometric Practice Act of 1987, the Illinois Dental Practice Act, the Physician Assistant Practice Act of 1987, and the Nursing and Advanced Practice Nursing Act to provide that violation of the Internet Prescribing Prohibition Act constitutes grounds for disciplinary action under those Acts.
- Who sponsors HB 4391?
- HB 4391 is sponsored by Karen May.
- What is the current status of HB 4391?
- This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 4391?
- Track HB 4391 free on One Click Politics — get push/email alerts when it moves.
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