(Section scheduled to be repealed on January 1, 2027) Sec. 44. None of the disciplinary functions, powers and duties enumerated in this Act shall be exercised by the Department except upon the action and report in writing of the Medical Board. In all instances, under this Act, in which the Medical Board has rendered a recommendation to the Secretary with respect to a particular physician, the Secretary may take action contrary to the recommendation of the Medical Board. In the event that the Secretary disagrees with or takes action contrary to the recommendation of the Medical Board, file with the Medical Board his or her specific written reasons of disagreement with the Medical Board. Such reasons shall be filed within 30 days of the occurrence of the Secretary's contrary position having been taken. The action and report in writing of a majority of the Medical Board designated is sufficient authority upon which the Secretary may act. Whenever the Secretary is satisfied that substantial justice has not been done in a formal disciplinary action, or refusal to restore a license, he or she may order a rehearing.
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