Public Act 93-0214

SB105 Enrolled                       LRB093 06657 AMC 06790 b

    AN ACT concerning professional regulation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5. The Medical Practice Act of 1987 is amended by
adding Section 7.5 as follows:

    (225 ILCS 60/7.5 new)
    (Section scheduled to be repealed on January 1, 2007)
    Sec. 7.5.  Complaint Committee.
    (a)  There   shall   be  a  Complaint  Committee  of  the
Disciplinary Board composed of at least one  of  the  medical
coordinators  established  by  subsection (g) of Section 7 of
this  Act,  the  Chief  of  Medical  Investigations   (person
employed  by the Department who is in charge of investigating
complaints against physicians and physician assistants),  and
at least 3 voting members of the Disciplinary Board (at least
2  of whom shall be physicians) designated by the Chairman of
the Medical Disciplinary  Board  with  the  approval  of  the
Disciplinary   Board.   The  Disciplinary  Board  members  so
appointed shall serve one-year terms and may be eligible  for
reappointment for subsequent terms.
    (b)  The  Complaint Committee shall meet at least twice a
month to exercise its  functions  and  duties  set  forth  in
subsection  (c) below. At least 2 members of the Disciplinary
Board shall be in attendance in order for any business to  be
transacted   by   the   Complaint  Committee.  The  Complaint
Committee shall make every effort to  consider  expeditiously
and take prompt action on each item on its agenda.
    (c)  The  Complaint  Committee  shall  have the following
duties and functions:
         (1)  To recommend to the Disciplinary Board  that  a
    complaint file be closed.
         (2)  To  refer a complaint file to the office of the
    Chief of Medical Prosecutions  (person  employed  by  the
    Department   who  is  in  charge  of  prosecuting  formal
    complaints against licensees) for review.
         (3)  To make a  decision  in  conjunction  with  the
    Chief  of  Medical  Prosecutions  regarding  action to be
    taken on a complaint file.
    (d)  In determining what action to  take  or  whether  to
proceed  with  prosecution  of  a  complaint,  the  Complaint
Committee   shall  consider,  but  not  be  limited  to,  the
following factors: sufficiency  of  the  evidence  presented,
prosecutorial  merit  under  Section  22  of  this  Act,  and
insufficient cooperation from complaining parties.