TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.20 SIX YEAR POST-SECONDARY PROGRAMS OF MEDICAL EDUCATION
Section 1285.20 Six Year
Post-Secondary Programs of Medical Education
The standards for the 6-year
post-secondary program of medical or osteopathic education described in Section
11(A)(2)(a)(i) of the Medical Practice Act of 1987 [225 ILCS 60] (the Act) are:
a) Completion of at least 2 academic years of undergraduate
education in a college of arts and sciences or the equivalent of such education
as determined by the Division;
b) Completion of at least 4 academic years of medical education
including 2 academic years in the study of arts and sciences of medicine as
generally recognized by the medical education community in the United States
and 2 academic years of clinical study of the practice of medicine as generally
recognized by the medical education community in the United States. The
Division, upon the recommendation of the Medical Board, has determined that all
programs of medical education listed in the World Directory of Medical Schools
or its equivalent are considered to have satisfied the requirements of
subsection (b); and
c) Valid certification issued by the Educational Commission for
Foreign Medical Graduates or completion of one academic year of supervised
clinical training for foreign medical students as defined by the American
Medical Association Council on Medical Education (Fifth Pathway Program) in a
United States medical school.
d) When the accuracy of any submitted documentation, or the
relevance or sufficiency of the coursework or core clerkship rotations is
questioned by the Division or the Illinois State Medical Board (Medical Board)
because of a lack of information, discrepancies or conflicts in information
given, or a need for clarification, the applicant shall be requested to:
1) provide the information as may be necessary; and/or;
2) appear for an oral interview before the Medical Board to
explain the relevance or sufficiency or otherwise clear up any discrepancies or
conflicts in information.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
 | TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.30 PROGRAMS OF CHIROPRACTIC EDUCATION
Section 1285.30 Programs of
Chiropractic Education
a) A program of chiropractic education shall be deemed approved
in the judgment of the Division if it meets the following requirements:
1) a Dean or other Executive Officer, employed on a full-time
basis supervises the students and curriculum.
2) the faculty is comprised of graduates in their specialty from
legally recognized and authorized professional colleges or institutions by the
jurisdiction in which the college is located.
3) the faculty is organized and each department has a director
and professors, each responsible to the director for instruction in the
particular subjects he or she teaches.
4) annually, a catalogue or brochure is published setting forth
the requisites for admission to the college, tuition, rates, courses offered,
dates of sessions, schedule of classes, requirements for graduation, a roster
of the undergraduate students and a roster of the last graduating class. The
catalogue or brochure shall contain a list of the departments of the school,
the titles of the personnel and a brief summary of each person's
qualifications. The curriculum shall include, but not be limited to, 4
academic years' instruction in the following subjects:
A) Anatomy
i) Embryology
ii) Histology
iii) Neuro-anatomy
B) Physiology and Chemistry
C) Pathology and Bacteriology
D) Diagnosis
i) Physical
ii) Differential
iii) Laboratory
5) buildings provided with laboratories equipped for instruction
in anatomy, chemistry, physiology, bacteriology and other areas of learning
necessary to the due course of study prescribed by this Part; and that a
laboratory equipped with supplies, models, mannequins, charts, stereopticon,
roentgen-ray and other special apparatus used in teaching the system to treat
human ailments without the use of medicine and operative surgery, be provided.
6) a library, accessible to students is maintained, with a librarian
in constant attendance. The library shall contain a standard medical
dictionary, texts and reference books, and the files of professional
periodicals.
7) the college or institution requires all students to furnish,
before matriculation, satisfactory proof of the preliminary education required
by the Act.
8) full and complete records are kept showing the credentials for
admission, attendance, grades and financial accounts of each student.
9) admission of transfer students will be limited to honorably
dismissed students from another approved college or institution teaching the
same system. The transcript of record obtained directly from the transferring
school shall be kept on file. It shall be the duty of a college or institution
to furnish such a transcript for the benefit of each student subject to
honorable dismissal. No credit shall be given a transferred student for final
or "senior year" work or for any courses taken by correspondence.
10) students shall start class attendance within one week after the
start of each session. Credit for completion of a course will not be granted a
student who failed to attend 80% of the complete session of the course.
b) Applicants seeking licensure who have received a chiropractic
degree from a college that is not fully accredited in accordance with Section
11(B) of the Act and who are seeking licensure based on a second, duplicate or
similar degree must pay the required fee and provide an official transcript
specified in Section 21 of the Act to the Division showing:
1) completion of a least 2 additional academic years of study in
the clinical sciences of not less than 960 clock hours per academic year in a
fully accredited college during the time of additional study; and
2) the hours of clinical practice retaken to fulfill the
chiropractic degree requirements. No credit will be given for prior credits in
clinical practice.
c) All chiropractic colleges fully accredited by the Commission
on Accreditation of the Council of Chiropractic Education or its successor at
the time of graduation shall be deemed to have met the minimum standards.
(Source: Amended at 29 Ill.
Reg. 18823, effective November 4, 2005)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.40 APPROVED POSTGRADUATE CLINICAL TRAINING PROGRAMS
Section 1285.40 Approved
Postgraduate Clinical Training Programs
a) The Division, upon the recommendation of the Medical Board,
has determined that all postgraduate clinical training programs accredited by
the Accreditation Council for Graduate Medical Education, the American
Osteopathic Association, a member board of the American Board of Medical
Specialties (ABMS), a member board of the Bureau of Osteopathic Specialists
(BOS), the College of Family Physicians of Canada, the Royal College of
Physicians and Surgeons of Canada, and the Federation of Medical Licensing
Authorities of Canada as of January 1, 1999, are approved programs. If any
such postgraduate clinical training program has its accreditation suspended,
withdrawn, or revoked by the accrediting body, then the postgraduate clinical
training program will no longer be considered an approved program.
b) Any postgraduate clinical training program that is not
approved under subsection (a) shall submit to the Medical Board, for approval,
evidence that the program is substantially similar to an approved program
described in subsection (a). The program director shall provide the Medical
Board the following information as well as any accompanying verifying
documentation:
1) Name
and address of sponsoring institution;
2) Name
of program;
3) Location
of all training sites where fellowship program activities are performed;
4) Duration
of program;
5) Program's
year of inception;
6) Minimum
requirements for admitting applicants to program;
7) Number
of applicants admitted per academic year;
8) Name
of incoming applicants during the current academic year;
9) Name
and Illinois license number of each individual who participated in the program
for the past 5 years and details of the professional status of each individual
currently, if known;
10) Name,
specialty, board certification, title, and Illinois license number of the
program director and any faculty members with educational and supervisory
responsibility for those enrolled in the program;
11) Overall
program goals and detailed clinical goals and/or objectives for training those
enrolled in the program;
12) Overall
didactic goals and objectives and specific educational lectures, conferences,
meetings, and projects required to be attended by or given by individuals
enrolled in the program;
13) Other
specialty or sub-specialty programs at the institution that perform the same or
similar teaching and training as the proposed program and why the proposed
program is not part of those programs;
14) A
detailed description of the didactic, clinical, and research resources
available to program participants;
15) A
detailed description of the clinical work and responsibilities of program
participants;
16) A
description of a participant's training schedule for each academic year;
17) A
detailed policy for supervision of program participants;
18) Any
policies the program will use to avoid clinical and educational competition
with other program participants or other resident and fellows in the program;
19) Sample
evaluation forms for program participants and any other metrics used to
evaluate program participants, including any schedule of evaluations;
20) The
process for formal and anonymous feedback related to the program-by-program
participants;
21) Verification
that practicing medicine outside of the program is not permitted by any program
participant who holds only a temporary license; and
22) Whether
the proposed program has been approved by the Medical Board in the past,
including the date of any decision on the program and any changes to the
program since the approval, including but not limited to any sites, faculty,
curriculum, and certification.
c) The postgraduate clinical training program shall certify, on
forms provided by the Division, to the satisfactory completion of not less than
12 months of clinical training as required by Section 11(A)(1) of the Act or 24
months of clinical training as required by Section 11(A)(2). The 24 months of
clinical training shall at minimum include the successful completion of a
second year of education in an approved program. The certification shall
identify the commencement date and the concluding date of the training.
d) The Division may accept, upon the recommendation of the
Medical Board, post graduate programs completed outside of the United States or
Canada. The Medical Board shall consider the factors described in subsection
(b).
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.50 APPLICATION FOR EXAMINATION (REPEALED)
Section 1285.50 Application
for Examination (Repealed)
(Source: Repealed at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.60 EXAMINATIONS
Section 1285.60 Examinations
a) Examinations for Licensure to Practice Medicine in All of Its
Branches. An applicant that successfully passes or completes one of the
following examinations will be eligible for licensure:
1) Completion of all steps of the United States Medical Licensing
Examination (USMLE) with a passing performance on each step as determined by
the Federation of State Medical Boards (FSMB) and the National Board of Medical
Examiners (NBME). All steps must be completed within a ten-year period after
passage of the first step. Applicants with a combined degree (MD/PhD) must
complete all steps within a twelve-year period after passage of the first
step. No applicant may have exceeded the maximum number of attempts for any
step as established by the FSMB and the NBME so long as that maximum attempt is
5 or less in accordance with 225 ILCS 60/16.
2) Completion of all levels of the Comprehensive Osteopathic
Medical Licensing Examination (COMLEX-USA) with a passing performance on each
level as determined by the National Board of Osteopathic Medical Examiners
(NBOME). All levels must be completed within a ten-year period after passage
of the first level. Applicants with a combined degree (DO/PhD) must complete
all steps within a twelve-year period after passage of the first step. No
applicant may have exceeded the maximum number of attempts for any level as
established by the NBOME.
3) Completion of all parts of the examination required to qualify
for a Licentiate of the Medical Council of Canada (LMCC) with a passing score
on each part as determined by the Medical Council of Canada (MCC).
4) Completion of all components of the Federation Licensing
Examination (FLEX) with a passing score on all components as determined by the
FSMB:
5) Completion of all parts of the National Board of Medical
Examiners (NBME) Examination with a passing score on all parts as determined by
the NBME.
6) Completion of all parts of the National Board of Osteopathic
Medical Examiners (NBOME) Examination with a passing score on all parts as
determined by the NBOME.
7) Completion of one of the following examination combinations
with a score of 75 or better on each component, step, part, or level:
A) Flex
Component I plus USMLE Step 3;
B) USMLE
Step 1 and USMLE Step 2 plus FLEX Component II;
C) NBME
Part 1 or USMLE Step 1, plus NBME Part 2 or USMLE Step 2, plus NBME Part 2 or
USMLE Step 3;
D) NBME
Part 1 or USMLE Step 1, plus NBME Part 2 or USMLE Step 2, plus FLEX Component
II; or
E) NBOME
Part I or COMLEX Level 1, plus NBOME Part II or COMLEX Level 2, plus NBOME Part
III or COMLEX Level 3.
b) Examinations for Licensure to Practice Chiropractic
1) Examinations for licensure to practice chiropractic shall
consist of Part I, Part II, Part III, and Part IV of the examination
administered by the National Board of Chiropractic Examiners (NBCE).
2) To be successful, examinees must receive a passing score on
all 4 parts of the examination as determined by the NBCE. No applicant may
have exceeded the maximum number of attempts for any part as established by the
NBCE so long as that maximum attempt is 5 or less in accordance with 225 ILCS
60/16.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.70 APPLICATION FOR A LICENSE ON THE BASIS OF EXAMINATION
Section 1285.70 Application
for a License on the Basis of Examination
a) An applicant for a license to practice medicine in all of its
branches on the basis of examination shall file an application with the Division
together with:
1) Proof that the applicant is of good moral character. Proof
shall be an indication on the application that the applicant has not engaged in
any conduct or activities that would constitute grounds for discipline under
Section 22 of the Act. Applications of individuals who answer affirmatively to
any question on the personal history portion of the application or who have
engaged in activities that would constitute grounds for discipline shall be
forwarded to the Enforcement Division of the Division of Professional
Regulation for further review as provided in Section 22 of the Act;
2) An official transcript verifying completion of at least 2
years of undergraduate education as required by Section 1285.20(a) and proof of
valid ECFMG certification or proof of completion of a Fifth Pathway Program in
accordance with Section 1285.20(c);
3) An official transcript from the medical education program
granting the degree verifying that the applicant has met the minimum medical
education requirements of the Act;
4) An original, notarized English translation for any document
submitted to the Division in a foreign language. The translation must be on
the translator's letterhead, and the translator must verify that it is "a
complete and accurate translation" to the best of the translator's knowledge,
and that the translator is fluent in the language translated, and is qualified
to translate the document;
5) Proof of completion of an approved postgraduate clinical
training program, as required by Section 1285.40;
6) Proof of successful completion of an examination for licensure
to practice medicine in all of its branches, as required by Section 1285.60(a);
7) Proof of professional capacity, as set forth in Section
1285.95, for applicants who have not been engaged in the active practice of
medicine or an approved postgraduate clinical training program within 2 years
prior to application;
8) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application; and
9) The fee required by Section 21 of the Act.
b) If an applicant for licensure as a physician to practice medicine
in all of its branches has a Profile from the Federation Credentials
Verification Service of the Federation of State Medical Boards of the United
States, Inc. (FSMB), the applicant may request the FSMB to forward to the
Division a Physician Information Profile that includes, but is not limited to,
verification of medical education, ECFMG Certification (if applicable),
clinical training and complete examination information. The information
contained in the applicant's profile shall be reviewed by the Division to
determine if the applicant meets the requirements for licensure as set forth in
the Act and in Sections 1285.70(a)(2) through (6).
c) An applicant who applies for a chiropractic physician license on
the basis of examination shall file an application with the Division together
with:
1) Proof that the applicant is of good moral character. Proof
shall be an indication on the application that the applicant has not engaged in
any conduct or activities that would constitute grounds for discipline under
Section 22 of the Act. Applications of individuals who answer affirmatively to
any question on the personal history portion of the application or who have
engaged in activities that would constitute grounds for discipline shall be
forwarded to the Enforcement Division of the Division of Professional
Regulation for further review as provided in Section 22 of the Act;
2) An official transcript from the chiropractic education program
granting the degree verifying that the applicant has met the minimum
chiropractic education requirements of the Act;
3) Proof of completion of an examination for licensure to
practice chiropractic, as required by Section 1285.60(n);
4) Proof of professional capacity, as set forth in Section
1285.95, for applicants who have not been engaged in the active practice of
chiropractic or enrolled in a program of chiropractic education within 2 years
prior to application;
5) Verification of fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
finger-print vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application; and;
and
6) The fee required by Section 21 of the Act.
d) Pursuant
to Section 9(B) of the Act, the Division shall verify the licensure information
and disciplinary history of each applicant through the Federation of State
Medical Boards or the Chiropractic Information Network Board Action Database
(CIN-BAD).
e) When the accuracy of any submitted documentation or the
relevance or sufficiency of the course work or training is questioned by the Division
or the Medical Board because of lack of information, discrepancies or conflicts
in information given, or a need for clarification, the applicant seeking
licensure shall be requested to:
1) Provide information as may be necessary; and/or
2) Appear for an interview before the Board to explain the relevance
or sufficiency, clarify information or clear up any discrepancies or conflicts
in information.
f) Within 60 days after issuance of the license, the physician
shall complete a physician profile in accordance with Section 1285.305.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.80 LICENSURE BY ENDORSEMENT
Section 1285.80 Licensure by
Endorsement
a) An applicant who holds an active license to practice medicine under
the laws of another state or jurisdiction and who applies for a physician and
surgeon license shall file an application with the Division together with:
1) A certification by the state or jurisdiction of original
licensure and current licensure, including the date of issuance of the
applicant's license and the current status of the license; the basis of
licensure and a description of all examinations by which the applicant was
licensed in that state or jurisdiction and the date of passage of any such
examinations; and whether the records of the licensing authority contain any
record of disciplinary action taken against the applicant;
2) Proof that the applicant is of good moral character. Proof
shall be an indication on the application that the applicant has not engaged in
any conduct or activities that would constitute grounds for discipline under
Section 22 of the Act. Applications of individuals who answer affirmatively to
any question on the personal history portion of the application or who have
engaged in activities that would constitute grounds for discipline shall be
forwarded to the Enforcement Division of the Division of Professional
Regulation for further review as provided in Section 22 of the Act;
3) An official transcript verifying completion of at least 2
years of undergraduate education as required by Section 1285.20(a) and proof of
valid ECFMG certification or proof of completion of a Fifth Pathway Program in
accordance with Section 1285.20(c);
4) An official transcript from the medical education program
granting the degree verifying that the applicant has met the minimum medical
education requirements of the Act;
5) An original, notarized English translation for any document
submitted to the Division in a foreign language. The translation must be on
the translator's letterhead, and the translator must verify that it is "a
complete and accurate translation" to the best of translator's knowledge,
and that translator is fluent in the language translated, and is qualified to
translate the document;
6) Proof of completion of an approved postgraduate clinical
training program, as required by Section 1285.40;
7) Proof of completion of an examination for licensure to
practice medicine in all of its branches as required by Section 1285.60(a);
8) Proof of professional capacity, as set forth in Section
1285.95, for applicants who have not been engaged in the active practice of
medicine or an approved postgraduate clinical training program within 2 years
prior to application;
9) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application; and
10) The fee required by Section 21 of the Act.
b) If an applicant for licensure as a physician to practice
medicine in all of its branches has a Profile from the Federation Credentials
Verification Service of the Federation of State Medical Boards of the United
States, Inc. (FSMB), the applicant may request the FSMB to forward to the
Division a Profile that includes, but is not limited to, verification of
medical education, ECFMG Certification (if applicable), clinical training and
complete examination information. The information contained in the applicant's
Profile shall be reviewed by the Division to determine if the applicant meets
the requirements for licensure as set forth in the Act and in Sections
1285.80(a)(3) through (7).
c) An applicant who holds an active license to practice
chiropractic under the laws of another state or jurisdiction and who applies
for a chiropractic license shall file an application with the Division together
with:
1) A certification by the state or jurisdiction of original
licensure and current licensure, including the date of issuance of the
applicant's license and the current status of the license, the basis of
licensure and a description of all examinations by which the applicant was
licensed in that state or jurisdiction and the date of passage of any such
examinations and whether the records of the licensing authority contain any
record of disciplinary action taken against the applicant;
2) An official transcript from the chiropractic education program
granting the degree verifying that the applicant has met the minimum
chiropractic education requirements of the Act;
3) Proof that the applicant is of good moral character and has
not engaged in any conduct or activities which would constitute grounds for
discipline under Section 22 of the Act. Applications of individuals who answer
affirmatively to any question on the personal history portion of the
application or who have engaged in activities which would constitute grounds
for discipline shall be forwarded to the Enforcement Division of the Division
of Professional Regulation for further review as provided in Section 22 of the
Act;
4) Proof of completion of an examination for licensure to
practice chiropractic, as required by Section 1285.60(b);
5) Proof of professional capacity, as set forth in Section
1285.95, for applicants who have not been engaged in the active practice of
chiropractic or enrolled in a program of chiropractic education within 2 years
prior to application;
6) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified by
ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application; and
7) The fee required by Section 21 of the Act.
d) Pursuant to Section 19(B) of the Act, the Division shall verify
the licensure information and disciplinary history of each endorsement
applicant through the Federation of State Medical Boards or the Chiropractic
Information Network-Board Action Database (CIN-BAD).
e) When the accuracy of any submitted documentation or the
relevance or sufficiency of the course work or training is questioned by the Division
or the Medical Board because of lack of information, discrepancies or conflicts
in information given, or a need for clarification, the applicant seeking
licensure shall be requested to:
1) Provide information as may be necessary; and/or
2) Appear for an interview before the Medical Board to explain the
relevance or sufficiency, clarify information or clear up any discrepancies or
conflicts in information.
f) Within 60 days after issuance of the license, the physician
shall complete a physician profile in accordance with Section 1285.305.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.90 TEMPORARY LICENSES
Section 1285.90 Temporary
Licenses
a) To allow for timely processing, an application for a Temporary
License to pursue postgraduate clinical training shall be filed at least 60
days prior to the commencement date of the training.
b) An applicant for a Temporary License shall file an application
with the Division together with:
1) Proof that the applicant is of good moral character and has not
engaged in any conduct or activities that would constitute grounds for
discipline under Section 22 of the Act. Applications of individuals who answer
affirmatively to any question on the personal history portion of the
application or who have engaged in activities that would constitute grounds for
discipline shall be forwarded to the Enforcement Division of the Division of
Professional Regulation for further review as provided in Section 22 of the Act;
2) Proof that the applicant has been accepted for a resident or
fellow position in a postgraduate clinical training program that is approved by
the Division, pursuant to the provisions of Section 1285.40;
3) An official transcript or official transcript and
certification of graduation from the medical education program granting the
degree verifying that the applicant has met the minimum education requirements
of the Act;
4) An official transcript verifying completion of at least 2
years of undergraduate education as required by Section 1285.20(a) and proof of
valid ECFMG certification or proof of completion of a Fifth Pathway Program as
set forth in Section 1285.20(c) for those applicants who are applying under
Section 11(A)(2)(a)(i) of the Act;
5) An original, notarized English translation for any document
submitted to the Division in a foreign language. The translation must be on
the translator's letterhead, and the translator must verify that it is "a
complete and accurate translation" to the best of the translator's
knowledge, and that translator is fluent in the language translated, and is
qualified to translate the document;
6) Proof of professional capacity, as set forth in Section
1285.95, for applicants who have not been enrolled in a program of medical
education or engaged in the active practice of medicine within 5 years prior to
application; and
7) The fee required by Section 21 of the Act.
c) If an applicant for temporary licensure has a Profile from the
Federation Credentials Verification Service of the Federation of State Medical Boards
of the United States, Inc. (FSMB), the applicant may request the FSMB to
forward a Physician Information Profile to the Division that includes, but is
not limited to, verification of medical education, ECFMG Certification (if
applicable), postgraduate clinical training and complete examination
information. The information contained in the applicant's Profile shall be
reviewed by the Division to determine if the applicant meets the requirements
for licensure as set forth in the Act and in Section 1285.90(b)(3), (4), and
(5).
d) If the application is approved pursuant to Section 17 of the
Act and this Section, the Temporary License shall be kept in the care and
custody of the hospital. Any person not licensed to practice medicine in all
of its branches in the State of Illinois who is enrolled in a postgraduate clinical
training program shall have had a Temporary License issued on his/her behalf to
a program that is approved pursuant to the provisions of Section 1285.40 prior
to the commencement of the training.
e) Commencement of the postgraduate clinical training program
prior to the issuance of a Temporary License shall be construed as the
unlicensed practice of medicine.
f) A Temporary License shall be issued for a maximum of three
years as provided in this Section. In no event shall a Temporary License be
issued for any purpose other than a postgraduate clinical training program
required for licensure under the Act.
g) No more than one Temporary License shall be issued to any
person for the same period of time.
h) If a resident or fellow is terminated or resigns from a
postgraduate clinical training program prior to its completion, the program director
must notify the Division in writing immediately and describe the specific
reasons why the resident was terminated or resigned.
i) A Temporary License may be transferred from one program to
another within the initial 3 year period upon receipt by the Division of a new
application and payment of a $20 fee along with proof that the applicant has
been accepted for a resident or fellow position in a postgraduate clinical
training program that is approved pursuant to the provisions of Section 1285.40.
The program director must provide a letter to the Division describing the
specific reasons why the applicant transferred programs. Requests for
transfers shall be filed with the Division at least 60 days prior to the
commencement date of the new program.
j) The Division shall allow a 14-day extension of the Temporary
License beyond the 3-year period without filing an extension application. In
order to extend beyond the 14-day period, a new application shall be filed with
the Division that contains:
1) Proof that the applicant has been accepted for a resident or
fellow position in a postgraduate clinical training program that is approved
pursuant to the provisions of Section 1285.40;
2) A letter from the program director describing the specific
reasons why an extension of temporary licensure is required; and
3) The required fee; $230 for a 3-year Extension of Temporary
License; $165 for a 2-year Extension of Temporary License; or $100 for a 1-year
Extension of Temporary License.
k) The Division shall issue a Limited Temporary License for no
more than 6 months on behalf of individuals who apply, and submit evidence
that:
1) The applicant is enrolled in a postgraduate clinical training
program located in another state that meets the requirements of Section
1285.40;
2) The applicant has been accepted for a specific period of time
to perform, under supervision, a portion of the clinical training at a postgraduate
clinical training program in the State of Illinois that is approved pursuant to
the provisions of Section 1285.40;
3) The approved postgraduate clinical training program in
Illinois has assumed supervisory responsibility for the individual during the
period specified on the application; and
4) The $100 fee.
l) A Limited Temporary License may be extended when an applicant
who was previously granted a Limited Temporary License submits a new
application and $100 fee to the Division that satisfies all of the requirements
as set forth in Section 1285.90(k).
m) When the accuracy of any submitted documentation or the
relevance or sufficiency of the course work or experience is questioned by the Division
or the Medical Board because of lack of information, discrepancies or conflicts
in information given or a need for clarification, the applicant seeking
licensure shall be requested to:
1) Provide information as may be necessary; and/or
2) Appear for an interview before the Medical Board to explain
the relevance or sufficiency, clarify information or clear up any discrepancies
or conflicts in information.
n) Any individual who participates in any portion of a postgraduate
clinical training program without a Temporary License, a Limited Temporary
License, or a license to practice medicine in all of its branches issued by the
Division shall be considered to be involved in the unlicensed practice of
medicine.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.91 VISITING RESIDENT PERMITS
Section 1285.91 Visiting
Resident Permits
a) An individual who is enrolled in a postgraduate clinical
training program outside the State of Illinois that is approved by the Division
and who has been invited or appointed to perform a portion of that post
graduate clinical training program in an Illinois patient care clinic or
facility that is affiliated with the out-of-state program shall file an
application, on forms provided by the Division, at least 60 days prior to the
commencement date of the training.
b) No application shall be considered complete unless it is signed
by the applicant, all questions have been answered and it contains or is
accompanied by:
1) Proof that the applicant has been invited or appointed to
perform a portion of the post graduate clinical training program in Illinois in
an Illinois patient care clinic or facility that is affiliated with the
out-of-state postgraduate training program;
2) Name and address of the patient care clinics or facilities and
the date the training is to begin and the length of time of the invitation or
appointment;
3) Name and license number of the Illinois physicians who will be
responsible for supervising the applicant;
4) Certification from the post-graduate training program that the
applicant is approved and enrolled in an out-of-state post-graduate training
program approved by the Division;
5) Either:
A) Proof that the applicant maintains an equivalent authorization
to practice medicine in all of its branches or to practice the treatment of
human ailments without the use of drugs and without operative surgery in the
applicant's native jurisdiction; or
B) Certification of licensure from the jurisdiction in which the
applicant's clinical training program is located stating:
i) the date of issuance of the license;
ii) whether the records of the licensing authority contain any
record of any disciplinary action taken or pending; and
6) A fee of $100; and
7) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application.
c) A visiting resident permit will be issued for 180 days.
d) No more than one visiting resident permit shall be issued to
any person for the same period of time.
e) Written notice of the Division's final action on every
application for a visiting resident permit shall be given to the applicant and
the patient care clinics or facilities.
f) Commencement of the post-graduate training program prior to
the issuance of the visiting resident permit shall be construed as unlicensed
practice.
g) When a visiting resident is dismissed or otherwise terminates
the specialty/residency program, it shall be the responsibility of the staff of
the patient care clinic or facility to notify the Division immediately and
submit a written explanation to the Division indicating why the visiting resident
was dismissed or terminated.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285 MEDICAL PRACTICE ACT OF 1987
SECTION 1285.92 INTERNATIONAL MEDICAL GRADUATE PHYSICIAN LIMITED LICENSE
Section 1285.92 International Medical Graduate Physician
Limited License
a) "International
medical graduate" is defined under Section 2 of the Act as a medical
graduate:
1) who has been trained
in a country other than the United States;
2) whose
education has been certified by the Educational Commission for Foreign Medical
Graduates;
3) who
has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of the United States
Medical Licensing Examination;
4) who maintains an
unencumbered license from another country; and
5) who
is not licensed to practice medicine in any state or territory of the United
States. [225 ILCS 60/2]
b) An
international medical graduate shall be eligible to apply for a limited license
to practice medicine in the State of Illinois. Upon determination of fitness,
the Division will issue a two-year limited license to an international medical
graduate in accordance with Section 15.5 of the Act to an applicant who
satisfies all of the following criteria:
1) Submits
a fully completed application on forms provided by the Division which includes
the payment of a $100 fee;
2) Provides
an official transcript and diploma or official transcript and certification of
graduation from the medical education program granting the degree and proof of
Educational Commission for Foreign Medical Graduates (ECFMG) certification;
provided, however, that the Division will waive the official transcript and
diploma/certification of graduation requirement if the applicant demonstrates,
to the Division's satisfaction, that the applicant is unable to obtain the
required documentation from a non-cooperating country or educational
institution;
3) Provides
proof of successful completion of the United States Medical Licensing
Examination (USMLE) Steps 1, 2, and 3. Examination scores shall be submitted
directly to the Division from the testing entity;
4) Provides
proof of current, unencumbered physician licensure in another country as
verified by ECFMG's international credential verification services, currently
named EPIC;
5) Submits
evidence the applicant has at least three years of post-graduate training in
another country verified by ECFMG or submits evidence that the applicant has
been engaged in the active practice of medicine in the country where the applicant
is licensed for at least two of the last five years. If the active practice of
medicine predates the two years immediately preceding the date of application,
the applicant must show evidence of a United States clinical experience,
including one of the following:
A) A
Clinical Rotation. A structured rotation in a specific medical department,
often within a hospital or university setting to gain practical experience in
patient care.
B) An
Observership. An opportunity to shadow a United States licensed physician
without a prior disciplinary history and observe the physician's daily routines
and patient care, providing valuable insights into US medical practice.
C) An
Externship. A hands-on experience where the individual is actively involved in
patient care under the guidance of a physician preceptor.
D) Electives.
An opportunity to complete clinical rotations in specific areas of medicine,
often chosen by the individual to align with their career interests.
E) Holds
an active Illinois physician assistant or advanced practice registered nurse license
without prior disciplinary action.
6) Has
entered into an agreement with a sponsoring entity which must be one of the
following: a hospital, a Federally Qualified Health Center, a State-operated
mental health facility or developmental center or a correctional center
operated by the Department of Corrections, a community health center as defined
in 77 Ill. Adm. Code 591.20, a multispecialty medical practice or clinic with
two or more active physicians who hold unrestricted licenses to practice in the
State of Illinois and which participates in graduate medical education, or
another facility approved by the Division that provides an annual supervisor assessment
and summative evaluation designed to develop, assess, and evaluate the individual's
nonclinical and clinical skills and familiarity with standards appropriate for
medical practice in the State of Illinois; and
7) Submits
to and passes the background check required of physician license applicants
under Sections 1285.70 and 1285.80.
c) Upon the issuance of the
limited license, an individual may only practice:
1) Within
the sponsoring entity; and
2) Under
the supervision and control of the sponsoring entity who designates a
supervisor who possesses a full and unrestricted Illinois license to practice
medicine in all of its branches that has never been disciplined in the State of
Illinois. The supervisor must be either board certified or actively
participating in their maintenance of certification in the specialty or
completed a residency or fellowship in a similar specialty to the one the
applicant is pursuing.
d) An applicant
for limited license must maintain a practice agreement, made available to the
Department upon Department request, between the applicant and the sponsoring
entity that provides an annual supervisor assessment and summative evaluation.
e) The
sponsoring entity must ensure that the supervisor has sufficient support and
dedicated time to effectively carry out educational, administrative, and
professional responsibilities. The supervising physician shall maintain the
final responsibility for the care of the patient and the performance of the
limited license holder. All procedures and tasks performed by the limited
license holder shall be within the current scope of practice of the supervising
physician. It is the responsibility of the supervising physician to direct and
review the practice of the limited license holder to ensure that appropriate
directions are given and understood and that appropriate treatment is being
rendered. Failure of the supervising physician to properly supervise a limited
license holder may result in discipline under Section 1285.240.
f) Should
either party terminate the practice agreement, it shall be the responsibility
of both the limited license holder and the sponsoring entity to notify the
Division immediately and submit a written explanation to the Division
indicating why the practice agreement was terminated. A limited license holder
may only practice within the sponsoring entity and under the supervision of a
licensed physician in accordance with Section 1285.92(c).
g) A
limited license issued under this Section is valid for two years and may be
renewed every two years if the applicant meets the requirements of Section 1285.120,
with the exception of the continuing medical education requirement for the
first renewal.
h) A
limited license holder shall be entitled to perform only those actions that are
within the scope of practice of the supervising physician, as may be prescribed
by and incidental to the limited license holder's practice agreement with the sponsoring
entity while under supervision. A limited license holder shall not be entitled
to otherwise engage in the practice of medicine in this State unless fully
licensed in this State.
i) All
persons licensed under this Section are subject to the jurisdiction of the
Division to the same extent as all other licensees under the Medical Practice
Act of 1987.
(Source: Added at 49 Ill. Reg. 11270,
effective August 29, 2025)
|
ADMINISTRATIVE CODE TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285 MEDICAL PRACTICE ACT OF 1987
SECTION 1285.93 INTERNATIONAL MEDICAL GRADUATE PHYSICIAN PATHWAY TO FULL UNRESTRICTED LICENSURE
Section 1285.93 International Medical Graduate Physician
Pathway to Full Unrestricted Licensure
a) An
individual who successfully obtains a limited license pursuant to Section 1285.92
and practices under such limited license continuously until its expiration
shall be eligible to apply for a two-year restricted license to practice
medicine, in a location within Illinois designated by the federal Health
Resources and Services Administration (HRSA) as a Health Professional Shortage
Area, Medically Underserved Area or Medically Underserved Population. This
license is restricted in designation only, and a restricted license holder
shall be entitled to practice independently in Illinois in a Health
Professional Shortage Area, Medically Underserved Area or by serving Medically Underserved
Populations.
b) For
purposes of determining approved practice locations for a restricted license
applicant, the Department will recognize the Health Professional Shortage
Areas, Medically Underserved Areas and Medically Underserved Populations that
are designated by HRSA as of the date the application for restricted licensure
was filed. If HRSA should cease to designate or keep data on Health Professional
Shortage Areas, Medically Underserved Areas or Medically Underserved Populations,
the Department will use the HRSA designations and data that were in effect on
October 1, 2025.
c) The
Division may issue a two-year restricted license to practice medicine in a
Health Professional Shortage Area, Medically Underserved Area or Medically Underserved
Population, so long as the individual maintained a limited license in
accordance with Section 1285.92 and provides the Division with:
1) A fully
completed application on forms provided by the Division;
2) Proof
of successful completion of a two-year supervised work experience at a
sponsoring entity for which the limited license was issued, including, but not
limited to, certification of the completion of the annual supervisor's assessment
and summative evaluation;
3) Proof
of anticipated employment approved by the Division in a location within
Illinois designated by HRSA as a Health Professional Shortage Area, Medically Underserved
Area or Medically Underserved Population; and
4) Payment
of a $230 fee.
d) An
individual who obtains a restricted license pursuant to this Section shall not
practice medicine:
1) In a
solo private practice setting; or
2) In the form of
telemedicine. All patient interactions must be face to face.
e) An
individual who obtains a restricted license pursuant to this Section and
practices under such restricted license until its expiration shall be eligible
to apply for a full unrestricted license to practice medicine.
f) The
Division will issue a full unrestricted license to practice medicine in all of
its branches to an individual in accordance with Section 15.5 of the Act who
has maintained a restricted license and provides the Division with:
1) A fully
completed application on forms provided by the Division; and
2) Proof
of two-years' worth of work experience within a location within Illinois
designated by HRSA as a Health Professional Shortage Area, a Medically Underserved
Area or Medically Underserved Population.
g) Within
60 days after issuance of a restricted license, the licensee shall complete a
physician profile in accordance with Section 1285.305.
(Source: Added at 49 Ill. Reg. 11270,
effective August 29, 2025)
|
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.95 PROFESSIONAL CAPACITY STANDARDS FOR LICENSURE APPLICANTS
Section 1285.95 Professional
Capacity Standards for Licensure Applicants
Pursuant to Section 9(B)(4) of
the Act, in determining professional capacity for individuals who have not been
actively engaged in the practice of medicine or as a medical, osteopathic, or
chiropractic student or who have not been engaged in a formal program of
medical education during the 2 years immediately preceding application for
licensure as a physician and surgeon or chiropractic physician and during the 5
years immediately preceding application for temporary licensure as a physician
and surgeon, the individual may be required to complete such additional
testing, training, or remedial education as the Medical Board may deem
necessary to establish the applicant's present capacity to practice medicine
with reasonable judgment, skill and safety. In determining professional
capacity, the Board shall consider, but not be limited to, the following
activities:
a) Medical research that is human clinical research consistent
with the requirements of the Federal Food and Drug Administration (21 CFR 50) (2001,
no further amendments or additions included) and the Consumer Product Safety
Commission (16 CFR 1028) (2001, no further amendments or additions included) or
other equivalent medical research.
b) Specialized training or education that is clinical training or
clinical education such as, or equivalent to, the following:
1) Clinical training that takes place in a residency training
program in accordance with the requirements set forth in Section 1285.40 or the
equivalent (e.g., residency training in another state or jurisdiction).
2) Clinical medical practice in the National Health Service or
its equivalent.
3) Continuing medical education (CME) recognized by the
Accreditation Council on Continuing Medical Education (ACCME), the American
Osteopathic Association (AOA), American Chiropractic Association (ACA), or
continuing medical education in accordance with Section 1285.110.
4) Post-graduate education in basic or related medical sciences
in any state or jurisdiction.
c) Publication of original work in clinical medicine published in
medical or scientific journals that are listed by the Cumulative Index Medicus
(CIM).
d) Clinical research or professional clinical medical practice in
public health organizations (e.g., World Health Organization (WHO), Malaria
Prevention programs, United Nations International Children's Emergency Fund
(UNICEF) programs, both national and international).
e) Having been engaged in clinical research or clinical medical
practice at a veterans, military, or other medical institution operated by the
federal government.
f) Other professional or clinical medical activities or
chiropractic activities, such as, or equivalent to, the following:
1) Presentation of papers or participation on panels as a faculty
member at a program approved or recognized by the American Medical Association
(AMA) or its affiliates, the American Osteopathic Association (AOA) or its
affiliates, the American Chiropractic Association (ACA) or its affiliates, or a
recognized specialty society or equivalent recognized by the medical community;
or
2) Experience obtained as a Visiting Professor in accordance with
Section 18(A) of the Act.
g) Clinical medical practice obtained in violation of the Act
shall not be considered by the Medical Board in determining professional
capacity for the purposes of this Section.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.100 VISITING PROFESSOR PERMITS
Section 1285.100 Visiting
Professor Permits
a) Any person not licensed in this State to practice medicine in
all of its branches or as a chiropractic physician who has been appointed as a
visiting professor at a medical, osteopathic or chiropractic program (program
of medicine) in this State must be the holder of a Visiting Professor Permit
issued by the Division pursuant to the provisions of Section 18 of the Act.
b) An application for a Visiting Professor Permit shall be made
on forms provided by the Division. The application shall include:
1) The name and location of the applicant's program of medicine,
dates of attendance, date and type of degree conferred;
2) Certification from the jurisdiction of original licensure
indicating:
A) The date of issuance and status of the license; and
B) Whether the records of the licensing authority contain any
record of any disciplinary action or pending action;
3) Certification from the Dean of the program of medicine
indicating:
A) That the entity has contracted with the applicant and the
applicant has received a faculty appointment to teach in the program;
B) Name and address of the patient care clinics or facilities
affiliated with the medical program at which the applicant will be providing
instruction and/or providing clinical care and a justification for any clinical
activities that will be provided at the facilities;
C) The nature of the educational services to be provided by the
applicant and the qualifications of the applicant to provide these services;
D) The term of the contract;
4) A copy of the applicant's current curriculum vitae; and
5) The $600 fee; and
6) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application.
c) Written notice of the Division's final action on every
application for a Visiting Professor Permit shall be given to the applicant and
the program of medicine designated. The applicant shall not commence the
faculty appointment before the program receives written notification of the
approval of the application. Notification may occur by email to an applicant's
email address of record.
d) The initial Visiting Professor Permit shall be valid for 2
years or for the term of the faculty appointment, if less than 2 years. The
Visiting Professor Permit may be renewed. Renewed Visiting Professor Permits
shall be issued to expire on July 31 in the year of the physician license
renewal. Individuals holding a valid Visiting Professor Permit on the effective
date of this Section are eligible for renewal of that permit pursuant to
subsection (e).
e) Permit Renewal
1) For the first renewal of the Visiting Professor Permit, the
permit holder shall file an application with the Division, on forms provided by
the Division, that includes:
A) Certification from the Dean of the program of medicine
indicating the term of the renewal contract and a list of the affiliated
patient care clinics and facilities where the permit holder will be providing
instruction and the justification for any clinical activities that will be
provided at the facilities;
B) Certification from the jurisdiction of original licensure
indicating the current status of the license;
C) Proof of successful completion of:
i) the United States Medical Licensing Examination (USMLE) Step 2
in accordance with Section 1285.60 for a visiting professor to practice
medicine in all of its branches; or
ii) the National Board of Chiropractic Examiners (NBCE) Part II or
SPEC in accordance with Section 1285.60 for a visiting professor to practice
chiropractic; and
D) The renewal fee of $600.
2) After the first renewal, a Visiting Professor Permit shall be
renewed in accordance with subsection (f).
f) For renewals not made pursuant to subsection (e), the
application for renewal of a Visiting Professor Permit shall be made on forms
supplied by the Division at least 60 days prior to expiration of the permit.
The Visiting Professor Permit renewal application shall include:
1) Certification from the Dean of the program of medicine
indicating a valid contract between the visiting professor and the school and a
list of the affiliated patient care clinics and facilities where the permit
holder will be providing instruction and the justification for any clinical
activities that will be provided at the facilities;
2) Certification from the jurisdiction of original licensure
indicating the current status of the license;
3) Completion of 150 hours continuing medical education in accordance
with Section 1285.110; and
4) The renewal fee of $600.
g) When any person on whose behalf a Visiting Professor Permit
has been issued discharges or terminates the faculty appointment, any permit
issued in the name of such person shall be null and void as of the date of
discharge or termination. The program of medicine shall immediately provide
written notice of the reason for the discharge or termination.
h) Only one Visiting Professor Permit shall be issued to an
applicant. If the faculty appointment for which the permit was issued is
terminated and the holder of the permit desires to remain in the State and
practice or teach his/her profession, he/she must apply, meet all the
requirements of this State, and receive a license to practice that profession.
i) When there has been a change in or addition to privileges of
a visiting professor or a change in a facility where instruction or clinical
care is being provided, the program shall notify the Division in writing of the
changes and a justification for the changes. The Division, shall review the
information and determine if a new permit needs to be issued.
j) Nothing in this Section shall prohibit the holder of a
Visiting Professor Permit from applying for and receiving a license to practice
their profession in this State during the term of their faculty appointment.
In the event the holder of a permit is issued a license to practice their
profession in this State, upon receipt of the license, the permit shall become
null and void pursuant to the provisions of subsection (h).
k) Persons holding a permit under this Section shall only
practice medicine in all of its branches or practice the treatment of human
ailments without the use of drugs and without operative surgery in the State of
Illinois in their official capacity under their contract within the medical
school itself and any affiliated institution in which the permit holder is
providing instruction as part of the medical school's educational program and
for which the medical school has assumed direct responsibility. (Section
18 of the Act)
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.101 VISITING PHYSICIAN PERMITS
Section 1285.101 Visiting
Physician Permits
a) Any person not licensed in this State to practice medicine in
all of its branches or as a chiropractic physician who has received an
invitation or appointment to study, demonstrate, or perform a specific medical,
osteopathic, chiropractic or clinical subject or technique in a medical,
osteopathic, or chiropractic school, a state or national medical osteopathic,
or chiropractic professional association, or society conference or meeting, a
hospital, or a facility operated pursuant to the Ambulatory Surgical Treatment
Center Act [210 ILCS 5] in this State must be the holder of a Visiting
Physician Permit issued by the Division pursuant to the provisions of Section
18(B) of the Act.
b) An application for a Visiting Physician Permit shall be made
on forms provided by the Division. The application shall include:
1) Certification from the jurisdiction of current licensure
indicating the date of licensure and current status of the license;
2) Certification from the dean or program director of the school
or hospital indicating:
A) That the person has received an invitation or appointment to
study, demonstrate, or perform a specific clinical subject or technique;
B) The nature of the educational services to be provided to the
applicant;
C) The term of the contract;
3) A copy of the applicant's current curriculum vitae;
4) The fee of $200; and
5) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and
Federal Bureau of Investigation criminal history record. Out-of-state
residents may have their fingerprints taken by a fingerprinting agency outside
of Illinois and submit one fingerprint card, accompanied by the fee specified
by ISP, to a licensed live scan fingerprint vendor with card scan capability.
Fingerprints shall be taken not more than 60 days prior to the application.
c) Written notice of the Division's final action on every
application for a Visiting Physician Permit shall be given to the applicant
and/or the school or hospital designated. The applicant shall not commence the
appointment before the program receives written notification from the Division of
the approval of the application. Notification may be made by email to the
applicant's email address of record.
d) A Visiting Physician Permit shall be valid for 180 days or
until such time as the clinical studies, demonstration, or performance of
techniques are completed, whichever occurs first.
e) When the holder of a Visiting Physician Permit has been
discharged or terminated from an appointment, any certificate issued in the
name of the person shall be null and void as of the date of the discharge or
termination. The school or hospital shall immediately provide to the Division
written notice of the reason for the discharge or termination.
f) Only one Visiting Physician Permit shall be issued to an
applicant per 12-month period. If, at the conclusion of the term of the
appointment for which the permit was issued, the holder of the permit desires
to remain in the State and practice or teach his/her profession, he/she must
apply for and receive a license to practice medicine in all of its branches or
as a chiropractic physician.
g) Nothing shall prohibit the holder of a Visiting Physician
Permit from applying for and receiving a license to practice his/her profession
in this State during the term of the appointment. In the event the holder of a
permit is issued a license to practice in this State, upon issuance of the
license, the permit shall become null and void pursuant to the provisions of
subsection (f).
h) A Limited Visiting Physician Permit will be issued by the Division
to an out-of-state physician who has been requested to perform an emergency
procedure in Illinois.
1) An individual seeking a Limited Visiting Physician Permit
shall apply to the Division, on forms provided by the Division, and submit the
following:
A) Verification of licensure in another jurisdiction;
B) A description of the emergency procedure to be performed;
C) The exact date and location of the procedure;
D) The name and license number of the sponsoring physician who
will be responsible for the applicant;
E) Proof from the hospital that the applicant has approval from
the facility to perform the procedure signed by the administrator of the
hospital;
F) A copy of an up-to-date curriculum vitae;
G) A $100 fee; and
H) Verification of a fingerprint-based background check submitted
to the Illinois State Police (ISP) electronically through a licensed live scan
fingerprint vendor. The fingerprints shall be checked against the ISP and Federal
Bureau of Investigation criminal history record. Out-of-state residents may
have their fingerprints taken by a fingerprinting agency outside of Illinois
and submit one fingerprint card, accompanied by the fee specified by ISP, to a
licensed live scan fingerprint vendor with card scan capability. Fingerprints
shall not be taken not more than 60 days prior to the application.
2) The permit will be issued for no more than 5 days. However,
in extenuating circumstances, upon review by the Chairman of the Medical Board
or his/her designee, the permit may be extended.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.105 CHIROPRACTIC PHYSICIAN PRECEPTORSHIP (REPEALED)
Section 1285.105
Chiropractic Physician Preceptorship (Repealed)
(Source: Repealed at 24 Ill. Reg. 3620, effective February 15, 2000)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.110 CONTINUING MEDICAL EDUCATION (CME)
Section 1285.110 Continuing
Medical Education (CME)
The Division shall
promulgate rules of continuing education for persons licensed under the Act
that require 150 hours of continuing education per license
renewal cycle. This Part shall be consistent with requirements of
relevant professional associations, specialty societies, or boards. This Part
will also address variances for illness or hardship. In establishing this Part,
the Division shall consider educational requirements for medical staffs,
requirements for specialty society board certification or for continuing
education requirements as a condition of membership in societies representing
the 2 categories of licensee (physicians licensed to practice medicine in
all of its branches and chiropractic physicians) under the Act. This Part shall
assure, but not be limited to, that licensees are given the opportunity to
participate in those programs sponsored by or through their professional
associations or hospitals that are relevant to their practice. Each licensee
is responsible for maintaining records of completion of continuing education
and shall be prepared to produce the records when requested by the Division.
(Section 20 of the Act)
a) Continuing Medical Education (CME) Hours Requirements
1) In order to renew a license, a licensee shall be required to
complete 150 hours of CME per prerenewal period.
2) A prerenewal period is the 36 months preceding July 31 in the
year of the renewal.
3) One CME hour shall equal 60 minutes. After completion of the
initial CME hour, credit may be given in 30-minute increments.
4) A renewal applicant shall not be required to comply with CME
requirements for the first renewal of an Illinois license. A renewal applicant
shall not be required to comply with CME requirements for the renewal of an
Illinois license that has been reinstated to active status during the
pre-renewal period.
5) Individuals licensed in Illinois but residing and practicing
in other states shall comply with the CME requirements set forth in this
Section.
6) CME credit hours used to satisfy the CME requirements of
another jurisdiction may be applied to fulfill the CME requirements of the
State of Illinois if the CME required by the other jurisdiction is verified as
approved by the jurisdiction in which the CME was completed. Licensees may
only claim hours that are documented consistent with the requirements in
subsection (c)(7).
7) The Division, upon recommendation of the Medical Board, will
accept the American Medical Association Physician Recognition Award (AMA PRA)
certificate awarded to physicians licensed to practice medicine in all of its
branches as documentation of compliance with the 150 CME hours set forth in
this Part. The hours shall be earned consistently with the prerenewal period
set forth in subsection (a)(2).
8) CME used to satisfy the requirements for renewal of a license
may not be used to satisfy the CME requirements for another renewal period.
9) The CME requirements set forth in this Section apply to both
physicians licensed to practice medicine in all of its branches and
chiropractic physicians licensed in Illinois.
b) CME hours for both physicians licensed to practice medicine in
all of its branches and chiropractic physicians in Illinois shall be earned by,
but not limited to, verified attendance at (e.g., certificate of attendance or
certificate of completion) or participation in a program or course (program) as
follows:
1) CME hours shall be earned as follows:
A) A minimum of 60 hours of required CME shall be obtained in
formal CME programs set forth in subsection (b)(2); and
B) A maximum of 90 hours of the required CME shall be obtained in
informal CME programs or activities as set forth in subsection (b)(3).
2) Formal CME Programs:
A) Formal programs conducted or endorsed by hospitals, specialty
societies, and facilities, and other programs offered by other organizations
approved to offer CME credit as set forth in subsection (c).
B) Formal CME programs conducted by medical, chiropractic or
osteopathic colleges, schools, or education programs. A maximum of 12.5 hours
of CME may be claimed for each month of postgraduate clinical training
completed in a program approved by the Division in accordance with Section
1285.40.
C) CME programs required for certification or recertification by
specialty boards and professional associations.
D) Activities conducted by sponsors approved in accordance with
this Section:
i) CME activities utilizing enduring materials such as podcasts,
CD-ROMs, DVDs, archived, webinars, printed educational materials, audiotapes,
video cassettes, films, slides, and computer assisted instruction that provide
a clear, concise statement of the educational objectives and indicate the
intended audience. These programs shall also have a method of verifying
physicians' participation;
ii) Live activities, such as specialty society annual meeting and
conferences, workshops, seminars, journal clubs, and live Internet webinars;
iii) Internet point-of-care learning – Structured CME activities
using online databases to engage in self-directed learning on topics relevant to
clinical practice; and
iv) Journal-based CME.
3) Informal CME programs or activities shall consist of, but not
be limited to, any of the following activities that the licensee must document,
including the dates and a brief description of the activity:
A) Unstructured online searching and learning;
B) Use of electronic databases in patient care;
C) Consultation with peers and medical experts;
D) Teaching health professionals;
E) Medical writing;
F) Self-assessment activities;
G) Preceptorship participation;
H) Participating in formal peer review and quality assurance
activities;
I) Preparation of educational exhibits; or
J) Journal reading including reading authoritative medical
literature.
c) CME Sponsors and Formal Programs
1) Sponsor, as used in this Section, shall mean:
A) For physicians licensed to practice medicine in all of its
branches:
i) Accreditation Council on Continuing Medical Education and
organizations accredited by ACCME as sponsors of CME;
ii) Illinois State Medical Society, or its affiliates;
iii) Council on Continuing Medical Education for the American
Osteopathic Association and the Illinois Osteopathic Medical Society or its
affiliates; or
iv) Any other organization that has been approved by the Division pursuant
to subsection (c)(2) to provide CME in accordance with this Section (e.g., ambulatory
procedure centers, blood banks, government or military agencies, group medical
practices health law firms, health professional membership organizations,
infusion centers, insurance or managed care companies, nursing homes,
publishing or education companies, rehabilitation centers, software developers).
Organizations eligible to be approved by the Division are those whose mission
and function are:
● Providing clinical services directly to patients;
● The education of healthcare professionals; or
● Serving as fiduciary to patients, the public, or
population health.
B) For chiropractic physicians:
i) Illinois Chiropractic Society, or its affiliates;
ii) Illinois Prairie State Chiropractic Association, or its
affiliates;
iii) Commission on Accreditation the Council on Chiropractic
Education;
iv) International Chiropractic Association, or its affiliates;
v) American Chiropractic Association, or its affiliates; or
vi) Any other accredited school, college or university, State
agency, or any other person, firm, or association that has been approved and
authorized by the Division pursuant to subsection (c)(2) to coordinate and
present continuing medical education courses and programs in conjunction with
this Section.
C) Physicians licensed to practice medicine in all of its branches
or chiropractic physicians may earn CME hours from the sponsors set forth in subsections
(c)(1)(A) and (B).
2) An organization, not listed in subsections (c)(1)(A) and (B),
seeking approval as a CME sponsor for formal programs shall submit an
application, on forms supplied by the Division, along with a $2000
nonrefundable application fee. (State agencies, State colleges and State
universities in Illinois shall be exempt from paying this fee.) The
application shall include:
A) Certification:
i) The provider has a CME mission statement that includes
expected results described in terms of changes in competence, performance, or
patient outcomes that will be the result of the CME programs;
ii) The provider gathers data or information and conducts a
program-based analysis on the degree to which the CME mission of the program
has been met through the conduct of CME activities;
iii) The provider identifies, plans, and implements the needed or
desired changes in the overall program (e.g., planners, teachers,
infrastructure, methods, resources, facilities, interventions) that are required
to improve on ability to meet the CME mission;
iv) The provider incorporates into CME activities the educational
needs (knowledge, competences, or performance) that underlie the professional
practice gaps of their program participants;
v) The provider generates activities that are designed to change
competence, performance, or patient outcomes as described in its mission
statement;
vi) The provider chooses educational formats for activities that
are appropriate for the setting, objectives, and desired results of the
activity;
vii) The provider develops activities in the context of desirable
physician attributes (competencies);
viii) The provider analyzes changes in learners (competence,
performance, or patient outcomes) achieved as a result of the overall program's
activities;
ix) All programs offered by the provider comply with the criteria
for Continuing Medical Education (CME) in Section 1285.110;
x) The provider is responsible for verifying participants'
completion of its programs and providing a certificate of attendance as
described in subsection (c)(7); and
xi) Upon request by the Division, the provider shall submit
evidence (e.g., certificate of attendance, course materials) as is necessary to
establish compliance with this Section. Evidence shall be required when the
Division has reason to believe that there is not full compliance with the
statute and this Part and that the information is necessary to ensure
compliance.
B) A copy of a sample program including course materials, syllabi,
and a list of faculty.
3) All formal programs shall:
A) Be educational activities that meet the standards of this
Section and that service to maintain, develop, or increase the knowledge,
skills, and professional performance that a physician uses to provide care, or
to improve the quality of care provided to patients. These may include, but
are not limited to, educational activities that meet any of the following
criteria:
i) Have a scientific or clinical content with a direct bearing
on the quality or cost-effective provision of patient care, community or public
health, or preventive medicine.
ii) Concern quality assurance or improvement, risk management,
health facility standards, or the legal aspects of clinical medicine.
iii) Concern bioethics or professional ethics.
iv) Are designed to improve the physician-patient relationship;
B) Be learning and development activities that are trustworthy and
based on best practices and high-quality evidence;
C) Be developed and presented by persons with education and/or
experience in the subject matter of the program;
D) Specify the course objectives, course content and teaching
methods to be used; and
E) Specify the number of CME hours that may be applied to
fulfilling the Illinois CME requirements for license renewal.
4) Each CME formal program shall provide a mechanism for
evaluation of the program and instructor by the participants. The evaluation
may be completed on-site immediately following the program presentation or an
evaluation questionnaire may be distributed to participants to be completed and
returned by mail. The sponsor and the instructor, together, shall review the
evaluation outcome and revise subsequent programs accordingly.
5) An approved sponsor may subcontract with individuals and
organizations to provide approved programs. All advertising, promotional
materials, and certificates of attendance must identify the licensed sponsor
and the sponsor's license number. The presenter of the program may also be identified
but should be identified as a presenter. When a licensed sponsor subcontracts
with a presenter, the licensed sponsor retains all responsibility for
attendance, providing certificates of attendance and ensuring the program meets
all of the criteria established by the Act and this Part, including the
maintenance of records.
6) To maintain approval as a sponsor, each shall submit to the Division
by July 31 in the year of renewal a renewal application, and a $2000 fee.
7) Certification of Attendance. It shall be the responsibility
of a sponsor to provide each participant in a program with a certificate of
attendance or participation. The sponsor's certificate of attendance shall
contain:
A) The name, address, and license number of the sponsor;
B) The name and address of the participant;
C) A brief statement of the subject matter;
D) The number of hours attended in each program;
E) The date and place of the program; and
F) The signature of the sponsor.
8) The sponsor shall maintain attendance records for not less
than 5 years.
9) The sponsor shall be responsible for assuring that no individual
shall receive CME credit for nonparticipation in a program.
10) Upon the failure of a sponsor to comply with any of the
preceding requirements of this Section, the Division, after notice to the
sponsor shall thereafter refuse to accept for CME credit attendance at or
participation in any of that sponsor's CME programs until such time as the Division
receives evidence of compliance with this Section.
11) Notwithstanding any other provision of this Section, the Division
or Board may evaluate any sponsor of any approved CME program at any time to
ensure compliance with requirements of this Section.
d) Certification of Compliance with CME Requirements
1) Each renewal applicant shall certify, on the renewal
application, full compliance with the CME requirements set forth in subsections
(a) and (b).
2) The Division may require additional evidence demonstrating
compliance with the CME requirements (e.g., certificate of attendance). It is
the responsibility of each renewal applicant to retain or otherwise produce
evidence of compliance.
e) Waiver of CME Requirements
1) Any renewal applicant seeking renewal of a license without
having fully complied with these CME requirements shall file with the Division a
renewal application along with the required fee set forth in Section 21(e)(4)
of the Act, a statement setting forth the facts concerning non-compliance and a
request for waiver of the CME requirements on the basis of these facts. A
request for waiver shall be made prior to the renewal date. If the Division,
upon the written recommendation of the Medical Board, finds from such affidavit
or any other evidence submitted that extreme hardship has been shown for
granting a waiver, the Division shall waive enforcement of CME requirements for
the renewal period for which the applicant has applied.
2) Hardship shall be determined on an individual basis by the Medical
Board and be defined as an inability to devote sufficient hours to fulfilling
the CME requirements during the applicable prerenewal period because of:
A) Full-time service in the armed forces of the United States of
America during a substantial part of the prerenewal period;
B) A temporary incapacitating illness documented by a statement
from a currently licensed physician;
C) Temporary undue hardship (prolonged hospitalization, family
illness); or
D) Any other similar extenuating circumstances.
3) Any renewal applicant who, prior to the expiration date of the
license, submits a request for a waiver, in whole or in part, pursuant to the
provisions of this Section shall be deemed to be in good standing until the
final decision on the application is made by the Division.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.120 RENEWALS
Section 1285.120 Renewals
a) Every license issued under the Act shall expire on July 31,
1990, and every third year thereafter. A licensee is required to complete 150
hours of CME in accordance with Section 1285.110 of this Part in order to renew
the license. The holder of a license may renew such license during the month
preceding the expiration date by paying the required fee stated in Section
21(e)(5) of the Act.
b) It is the responsibility of each licensee to notify the Division
of any change of physical or email address. Failure to receive a renewal form
from the Division shall not constitute an excuse for failure to pay the renewal
fee and to renew the license in a timely manner.
c) Practicing or operating on a license that has expired shall be
considered unlicensed activity and shall be grounds for discipline pursuant to
Section 22 of the Act.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.130 REINSTATEMENT FROM EXPIRED, INACTIVE, OR NOT RENEWED STATUS
Section 1285.130 Reinstatement
from Expired, Inactive, or Not Renewed Status
a) A licensee seeking reinstatement of a license from not renewed
status that has been expired for 3 years or less shall have a license reinstated
upon payment of all lapsed renewal fees required by Section 21 of the Act, a completed
physician profile in accordance with Section 1285.305 of this Part, and proof
of completion of 150 hours of CME in accordance with Section 1285.110 of this
Part.
b) A licensee seeking reinstatement of a license from inactive
status that has been placed on inactive status for 3 years or less shall have the
license reinstated upon payment of the current renewal fee, submission of a
completed physician profile in accordance with Section 1285.305, and the
continuing education requirements for the last renewal period.
c) A licensee seeking reinstatement of a license after it has been
expired or been placed on inactive status for more than 3 years shall file an
application, on forms supplied by the Division, together with the fee required
by Section 21 of the Act, a completed physician profile in accordance with
Section 1285.305 of this Part, and proof of completion of 150 hours of
continuing education in accordance with Section 1285.110 of this Part. The
licensee shall also submit one or more of the following to be considered as a
factor in determining professional competency:
1) Sworn evidence of active practice in another jurisdiction. That
evidence shall include a verification of employment and a statement from the
appropriate board or licensing authority in the other jurisdiction within 3
years from the date of the application that the licensee was authorized to
practice during the term of active practice.
2) An affidavit attesting to military service as provided in
Section 21 of the Act.
3) Proof of successful completion of an approved postgraduate
clinical training program of at least 12 months in length within 3 years from
the date of application.
4) Proof of completion evidenced by verification of medical
education of a course of study of at least 30 credit hours in a college
approved by the Division under the Act within 3 years from the date of
application.
5) Successful completion of the Step 3 of the United States
Medical Licensing Examination (USMLE), the Special Purpose Examination (SPEX)
or the Comprehensive Osteopathic Medical Variable Purpose Examination for the
United States of America (COMVEX-USA) within 3 years prior to the date of
application. To be successful an applicant must receive a passing score as
determined by the Federation of State Medical Boards and the National Board of
Medical Examiners or the National Board of Osteopathic Medical Examiners. Any
applicant for reinstatement who fails Step 3 of the USMLE, the SPEX or the
COMBEX-USA 3 times shall be required to furnish proof of 12 months of remedial
education in an approved postgraduate clinical training program prior to taking
the exam an additional time. If an applicant for reinstatement is unable to
complete Step 3 of the USMLE due to unavailability of the examination, the
applicant shall take the Special Purpose Examination and must receive a score
of 75 or better.
6) For individuals with a chiropractic license, proof of
completion of 30 credit hours (academic hours) in an accredited chiropractic
program within 3 years from the date of application or the Special Examination
for Chiropractic (SPEC) or its equivalent as approved by the Board.
d) When the accuracy of any submitted documentation, or the
relevance or sufficiency of the course work or experience is reasonably
questioned by the Division because of discrepancies or conflicts in
information, information needing further clarification, and/or missing
information, the licensee seeking reinstatement of a license will be requested
to:
1) Provide information as may be necessary; and/or
2) Explain the relevance or sufficiency during an oral interview;
or
3) Appear for an oral interview before the Medical Licensing
Board designed to determine the individual's current competency to practice
under the Act. Upon the recommendation of the Medical Licensing Board, an
applicant shall have his or her license reinstated.
e) Placement of a license into inactive status does not preclude
the Division from proceeding with any action pursuant to Section 22 of the Act.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.135 RESTORATION FROM DISCIPLINARY STATUS
Section 1285.135 Restoration from Disciplinary Status
a) Prior
to filing a petition for restoration, a licensee seeking restoration of a
license that has been in refuse to renew status, suspended, revoked, or
otherwise barred from the practice of medicine for less than two years shall
comply with the requirements of Section 1285.130(a).
b) Prior
to filing a petition for restoration, a licensee seeking restoration of a
license that has been in refuse to renew status, suspended, revoked, or
otherwise barred from the practice of medicine for more than two years shall
submit to the Department one or more of the following to be considered as a
factor in determining professional competency:
1) Proof
of successful completion (evidenced by Certification of Clinical Training) of
an approved specialty residency program of at least 12 months in length within
two years from the date of application.
2) Proof
of completion evidenced by Certification of Medical Education of a course of
study of at least 30 credit hours (one academic year) that includes no more
than 25 clock hours of basic sciences and 40 clock hours of clinical sciences
in a college approved by the Division under the Act within two years from the
date of application.
3) Successful
completion of Step 3 of the United States Medical Licensing Examination (USMLE)
or a Board approved assessment program within two years prior to the date of
the petition for restoration. Any licensee who fails any portion or all
portions of the USMLE shall be required to furnish proof of remedial education
in an approved program. Proof of additional remedial education in an approved
program shall also be furnished each time the applicant fails the USMLE after
undergoing remedial education (i.e., after the sixth, ninth exam, etc.).
4) For
individuals applying for a chiropractic license, proof of completion of 30
credit hours (academic hours) in an accredited chiropractic program within two
years from the date of application or the Part IV of the National Board of
Chiropractic Examiners (NBCE) Exam or its equivalent as approved by the Board.
(Source: Added at 48 Ill. Reg. 18129,
effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.140 GRANTING VARIANCES
Section 1285.140 Granting
Variances
The Director may grant variances
from this Part in individual cases where the Director finds that:
a) the provision from which the variance is granted is not
statutorily mandated;
b) no party will be injured by the granting of the variance; and
c) the rule from which the variance is granted would, in the
particular case, be unreasonable or unnecessarily burdensome.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
SUBPART B: MEDICAL DISCIPLINARY PROCEEDINGS
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.200 ILLINOIS STATE MEDICAL BOARD
Section 1285.200 Illinois
State Medical Board
The Illinois State Medical Board
(the "Medical Board"), whose powers and duties are set forth in
Section 7 of the Act, shall be responsible for all discipline for physicians
licensed under the Medical Practice Act of 1987 and physician assistants
licensed under the Physician Assistant Practice Act of 1987 [225 ILCS 95].
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.205 COMPLAINT COMMITTEE
Section 1285.205 Complaint
Committee
a) There shall be a Complaint Committee of the Board composed of
the Medical Coordinators established by Section 7(g) of the Act, the Chief of
Medical Investigations (person employed by the Division who is in charge of
investigating complaints against physicians and physician assistants), and at
least two voting members of the Board (at least two of whom shall be
physicians) designated by the Chairperson of the Board with the approval of the
Board. The Chief of Medical Prosecutions, or their designee, shall participate
in the Complaint Committee to fulfill the duties under subsection (c)(3).
b) The Complaint Committee shall meet at least twice a month to
exercise its functions and duties set forth in subsection (c). At least two
members of the 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 Medical Board that a complaint file be
closed.
2) To refer a complaint file to the office of the Chief of
Medical Prosecutions for review.
3) To make a decision in conjunction with the Chief of Medical
Prosecutions regarding action to be taken on a complaint file.
4) In determining what action to take or whether to proceed with
prosecution of a complaint, the Complaint Committee shall consider the
following factors, but not be limited to: sufficiency of the evidence
presented, prosecutorial merit under Section 22 of the Act, and insufficient
cooperation from complaining parties.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.210 THE MEDICAL COORDINATOR
Section 1285.210 The Medical
Coordinator
The Medical Coordinator shall be
responsible for reviewing complaints and investigations of complaints and for
making recommendations to the Complaint Committee and the Board regarding the
investigation and disposition of complaints. He or she shall also serve as a
member of the Complaint Committee. The Medical Coordinator shall be
responsible for consulting with the Probation Compliance Unit, established by
the Division, to monitor physicians and physician assistants who have been
disciplined to assure compliance with the terms of their probation and/or other
disciplinary action and for making status reports to the Board regarding such
compliance. The Medical Coordinator shall also be responsible for
administering programs of care, counseling, or treatment for enrolled
physicians and physician assistants. The Medical Coordinator shall also
testify on behalf of the Department within his/her expertise regarding the
standards of the profession when requested by the Chief of the Medical
Prosecutions and/or his/her designee.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.215 COMPLAINT HANDLING PROCEDURE
Section 1285.215 Complaint
Handling Procedure
a) The following definitions shall apply to this Part:
1) "Initial claim" shall mean an allegation made
against a physician or physician assistant that results in a preliminary
analysis to determine whether the Division should conduct a further
investigation.
2) "Complaint" shall mean the initial claim made against
a physician or physician assistant that results in further inquiry or
investigation. To become a complaint, an initial claim must present a
potential violation of Section 22 of the Act, or Section 21 of the Physician
Assistant Practice Act of 1987 (PA Act) [225 ILCS 95] and must not be barred by
the statute of limitations or be precluded by some other inherent defect that
would prevent the Division from being able to prove a violation of the Act or
PA Act. An inherent defect is the absence of something necessary for something
to be complete. An inherent defect includes, but is not limited to,
complainants' refusal to provide necessary medical records so that an
investigation may be conducted or completed.
3) "Formal Complaint" shall mean the filing by the Division
conforming to the rules of practice before the Division alleging facts that would
constitute grounds for the revocation or other disciplinary action of the
license of a physician or physician assistant under Section 22 of the Act or
Section 21 of the PA Act, respectively.
b) Initial claims against physicians and physician assistants may
be made in writing, via email or internet submission, by telephone, or in
person. All initial claims shall be recorded by the Division and forwarded to
the Chief of Medical Investigations for review. Upon receipt of an initial
claim, the Division shall provide to complainants a brochure that provides
information about the complaint process, the role of the Division, the reasons
for disciplinary action, and other commonly asked questions, to be included in
the first mailing sent to the complainant, along with verification that an
initial claim was received and forwarded to the Chief of Medical
Investigations.
c) After review, the Chief of Medical Investigations, in
conjunction with the Chief Medical Coordinator and the Chief of Medical
Prosecutions, will recommend to the Complaint Committee whether an initial
claim should become a complaint. If the recommendation to the Complaint
Committee is for the initial claim to be closed, then the Chief of Medical
Investigations shall submit his/her determination and any accompanying analysis
of the initial claim to the Complaint Committee with a recommendation for
closure except as allowed in Section 7.5(e) of the Act.
d) If, after review the Chief of Medical Investigations, in
conjunction with a Medical Coordinator, recommends an initial claim should not
be closed it should be referred to the Complaint Committee for consideration.
e) No initial claim or complaint shall be deemed closed except
upon recommendation of the Complaint Committee and approval by the Medical
Board except as allowed by Section 7.5(e). An initial claim or complaint
considered by the Complaint Committee may be:
1) Closed;
2) Deferred
pending further action;
3) Referred
to medical investigations for further investigations, thereby becoming a
complaint; or
4) Referred
to medical prosecutions for further action.
f) At any time during an investigation the Division may enter into
negotiations to resolve issues informally by way of a consent order. Factors to
be considered in deciding whether to enter into a consent order shall include,
but not be limited to sufficient investigation of the case; whether there was
physical harm or injury to a patient; relative severity of the respondent's
alleged conduct; and past practices of the Division.
g) Recusal of a Medical Board Member
1) A Medical Board member shall recuse themself from
consideration of a complaint or formal complaint when the member determines
that conflict of interest or prejudice exists that would prevent the member
from being fair and impartial.
2) Participation in the initial stages of the handling of a
complaint, including participation on the Complaint Committee and in informal
conferences, does not bar a Medical Board member from future board
participation or decision-making relating to that complaint.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.220 INFORMAL CONFERENCES (REPEALED)
Section 1285.220 Informal
Conferences (Repealed)
(Source: Repealed at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.225 CONSENT ORDERS
Section 1285.225 Consent
Orders
a) In the event the Chief of Medical Prosecutions or designee
recommends that a consent order be entered into, every reasonable effort shall
be made to forward the consent order within 15 days to the respondent. The
respondent shall sign and return the consent order to the Division within 30
days. If the respondent does not return the consent order within 30 days, it
shall be presumed that the respondent does not wish to enter into the consent
order and the consent order shall be rescinded.
b) The consent order may include, but not be limited to, the
following:
1) Disciplinary Actions
A) Reprimand
B) Suspension
C) Revocation
D) Probation
E) Fines
F) Permanent Inactive Status
G) Voluntary Surrender of License
2) Non-Disciplinary Actions
A) Remedial continuing medical education
B) Referral to treatment
C) Administrative fees
D) Permanent Inactive Status
E) Voluntary Surrender of License
c) Medical Board Action
1) Upon receipt of the properly executed proposed consent order,
the Medical Board shall make every reasonable effort to take action on the
consent order at the next scheduled Medical Board meeting (but in no event
later than 120 days after receipt of the executed consent order) either to:
A) Sign the consent order; or
B) Reject the consent order with or without recommendations.
2) Every effort shall be made to send any consent order signed by
the Medical Board to the Director for action within 10 days.
d) Director Action
1) Upon receipt of the properly executed proposed consent order,
the Director shall make every reasonable effort to take one of the following
actions on the consent order within 15 days:
A) Sign the consent order;
B) Return the consent order to the Medical Board or Chief of
Prosecutions with recommended changes or alternative action; or
C) Enter into a consent order different from that recommended by
the Medical Board, as deemed proper by the Director.
2) A copy of any consent order executed by the Director pursuant
to subsection (d)(1)(A) shall be sent to the respondent within 30 days.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.230 EMERGENCY AND/OR TEMPORARY SUSPENSION
Section 1285.230 Emergency
and/or Temporary Suspension
a) Upon receipt by the Division of a certified copy of any order or
judgment that a person licensed under this Act is in need of mental treatment,
the Director shall issue an order suspending the license. The order shall:
1) Set forth the statutory section of the Act upon which it is
based;
2) Incorporate a certified copy of the judicial order or judgment
that the person is in need of mental treatment;
3) Notify the licensee that the suspension order takes effect on
the date signed by the Director; and
4) Notify the licensee that practice may resume only upon the entry
of a Departmental order based upon a finding by the Medical Board that the
licensee has been determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the licensee be permitted to
resume his or her practice.
b) Emergency or temporary suspension of a license based upon an
immediate danger to the public posed by a person's continuation in practice,
pursuant to Section 25 or Section 37 of the Act, or upon failure to comply with
terms, conditions, or restrictions or to complete a required program of care,
counseling, or treatment pursuant to Section 22 of the Act, shall be as
follows:
1) A petition for emergency or temporary suspension shall:
A) State the statutory basis for the action petitioned;
B) Allege facts, supported by evidence or affidavit sufficient for
emergency or temporary action;
C) State that the Medical Coordinator or the Deputy Medical
Coordinator has been consulted;
D) Be signed by the Chief of Medical Prosecutions; and
E) Be presented to the Director either in person, by telephone, or
by videoconferencing technology.
2) An order for emergency or temporary suspension shall:
A) Contain findings of fact sufficient to support imposition of an
emergency or temporary suspension;
B) Recite the statutory basis for the action;
C) Provide a date for a formal hearing;
D) Notify the respondent their license has been suspended and they
are prohibited from further practice; and
E) Be signed by the Director.
3) A notice of emergency or temporary suspension shall accompany
the order and shall set a hearing date within 15 days of the date on which the
order takes effect.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.235 MANDATORY REPORTING OF IMPAIRED PHYSICIANS BY HEALTH CARE INSTITUTIONS
Section 1285.235 Mandatory
Reporting of Impaired Physicians by Health Care Institutions
a) Section 23 of the Act requires that the chief administrator or
executive officer of any health care institution licensed by the Department of
Public Health report to the Disciplinary Board concerning impaired persons.
All instances in which a person licensed under the Medical Practice Act of 1987
is impaired by reason of age, drug, or alcohol abuse or physical or mental
impairment, is under supervision and, where appropriate, is in a program of
rehabilitation, must be reported to the Medical Board. The reports must
contain sufficient current information to enable the Medical Board to evaluate
the impairment and determine the appropriateness of the supervision of the
program of rehabilitation.
b) Contents of Reports. Reports of impaired persons shall be
submitted in writing, on forms provided by the Division, that shall include but
not be limited to the following information:
1) The name, address, telephone number and title of the person
making the report;
2) The name, address, telephone number and type of health care
institution where the maker of the report is employed;
3) The name, address, telephone number, and professional license
number of the person who is the subject of the report;
4) The name and date of birth of any patient or patients whose
treatment is a subject of the report, if available, or other means of
identification if such information is not available; identification of the hospital
or other healthcare facility where the care at issue in the report was
rendered, provided, however, no medical records may be revealed;
5) The nature of the impairment and brief description of the
facts that gave rise to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report;
6) The terms and conditions of the supervision under which the
subject of the report is conducting activities or practice, including the date
supervision commenced; the term of the supervision; and the name, address, and
telephone number of the person in charge of the subject's supervision. Upon
the request of the Medical Board, the Medical Coordinators or other designated representatives
of the Disciplinary Board, the person in charge of the subject's supervision shall
provide requested information, including written documentation, in order to
evaluate the progress of the subject's supervision (pursuant to subsection
(g)(2)), in accordance with State and federal law;
7) If the subject of the report is in a program of
rehabilitation, the name, address, and telephone number of the program and the
name and position of any individual in charge of the program; and
8) Any other information deemed by the reporting person to be of
assistance to the Medical Board and the Medical Coordinators in evaluating the
report, including but not limited to the following items: drug screens being
used and their status; relapses and actions taken; attendance at work;
observations of recovery status and level of cooperation in recovery; other
psychopathology, known and related physical and mental illnesses; involvement
of the family and others in treatment or supervision; and a copy of the
aftercare agreement.
c) Reports of impaired persons shall be submitted to the
Disciplinary Board in a timely manner. The initial report shall be submitted
on forms provided by the Division within 60 days after it is determined that a
report is necessary under the Act and this Part. Periodic reports that evidence
written documentation of the progress of suspension or rehabilitation shall be
submitted to the Medical Board every 6 months, commencing with the time of the
filing of the initial report. A copy of each report shall be sent by the
person making the report to the impaired person.
d) The contents of any report shall be strictly confidential,
except as otherwise provided in this subsection (d), and exempt from public
disclosure, but may be reviewed by:
1) Members of the Medical Board or their designees;
2) The Medical Board's designated attorneys;
3) The Medical Coordinators or their designees;
4) Administrative personnel assigned to open mail containing
reports and to process and distribute reports to authorized persons, and to
communicate with senders of reports;
5) The person who is the subject of the report or that person's
attorney or authorized representative (as evidenced by a written authorization
signed by the person who is the subject of the report); or
6) Other persons otherwise permitted by law.
e) Upon a determination by the Medical Board that reports on an
impaired person no longer require review and consideration, the Medical Board
shall notify the maker of the reports to cease sending the reports and the Medical
Board and Division records shall be purged of information contained in the
reports. These determinations shall be based on, but not be limited to: the
type of impairment and the type of rehabilitation program, length of supervision,
occurrence of any relapses and present status of license.
f) Whenever any chief administrative or chief executive officer
of any health care institution makes a report or provides other information to
the Disciplinary Board, or assists the Disciplinary Board concerning an
impaired person, acts in good faith, and not in a willful and wanton manner, the
chief administrative or chief executive officer, and the health care
institution employing him, shall not, as a result of such actions, be
subject to criminal prosecution or civil damages (Section 23(c) of the
Act).
g) The following definitions shall apply to this Section:
1) "Impaired" means the inability to practice medicine
with reasonable skill and safety due to physical and mental disabilities as
evidenced by a written evaluation or clinical evidence that reveals a
deterioration of the physician's ability to deliver competent care, due to
problems related to aging, loss of motor skill, abuse of drugs or alcohol, or
mental illness.
2) "Under supervision" means that the performance of
the impaired person's clinical privileges and status of the person's impairment
is being observed and monitored under the authority of a written directive
issued in accordance with a health care institution's or medical staff's bylaws
or rules and regulations.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.240 STANDARDS
Section 1285.240 Standards
a) Dishonorable, Unethical or Unprofessional Conduct
1) In determining what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud or harm the
public, the Medical Board shall consider whether the questioned activities:
A) Violate the standards as set forth for physicians promulgated
by national associations and/or societies regarding the practice of medicine;
B) Cause actual harm to any member of the public; or
C) Are reasonably likely to cause harm to any member of the public
in the future.
2) Questionable activities include, but are not limited to:
A) Being convicted of any crime an essential element of which is
dishonesty, fraud, misstatement or moral turpitude;
B) Delegating patient care responsibility to any individual when
the physician has reason to believe that the person may not be competent;
C) Misrepresenting educational background, training, credentials,
competence, or medical staff memberships;
D) Failing to properly supervise subordinate health professional
and paraprofessional staff under the licensee's supervision and control in
patient care responsibilities;
E) Committing of any other act or omission that breaches the
physician's responsibility to a patient according to accepted medical standards
of practice;
F) Adverse action taken by an entity listed in this subsection
(a)(2)(F) that proper documentation of any adverse action by that entity will
be used as prima facie evidence. Entities that may find adverse actions
include any:
i) peer
review body;
ii) health
care institution;
iii) professional society or association related to practice under
the Act;
iv) governmental agency;
v) law enforcement agency; or
vi) court for acts or conduct similar to acts or conduct which
would constitute grounds for discipline under the Act;
G) 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 medicine 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 discipline under the Act. Proper documentation of the
action taken by the respective entity will be used as prima facie evidence;
H) Restriction, suspension, or revocation of, or any other adverse
action taken against clinical, hospital or practice privileges relating to
patient care. Proper documentation of the action taken by the respective entity
will be used as prima facie evidence;
I) Termination, restriction, suspension, exclusion, or revocation
of, or any other adverse action taken against, provider status from any health
care program, including but not limited to private insurance carriers,
Medicare, Medicaid, and Tricare. Proper documentation of the action taken by
the respective entity will be used as prima facie evidence;
J) Adverse action taken against Federal Drug Enforcement
Administration (DEA) Registration, including but not limited to voluntary
surrender, consent decree, and revocation. Proper documentation of the action
taken by DEA will be used as prima facie evidence;
K) Making gross or deliberate misrepresentations or misleading
claims as to professional qualifications or of the efficacy or value of the
licensee's treatments or remedies, or those of another practitioner;
L) Practicing or offering to practice beyond one's competency or
qualifications (for example, providing services or using techniques for which
one is not qualified by education, training, and experience);
M) Submission of fraudulent claims for services to any health
insurance company or health service plan or third-party payor;
N) If practicing at an Ambulatory Surgical Treatment Center,
failure to maintain privileges as required by the Ambulatory Surgical Treatment
Center Act and its rules;
O) Failing to maintain proper sanitary conditions in any facility
or place a physician has direct responsibility for sanitations (e.g., owning a
practice); or
P) Failing to generate medical records for any patient encounter
and/or care as specified by accepted medical standards, the presumption being
that proper documentation should occur with each encounter.
3) The Division hereby incorporates by reference the "Strategies
for Prescribing Opioids for the Management of Pain", Federation of State
Medical Boards, April 2024, 400 Fuller Wiser Road, Suite 300, Euless TX 76039.
No later amendments or editions are included.
b) Immoral Conduct
1) Immoral conduct in the commission of any act related to the
licensee's practice means conduct that:
A) Abuses the physician/patient relationship by taking unfair
advantage of a patient's vulnerability; and
B) Is committed in the course of the practice of medicine.
2) In determining immoral conduct in the commission of any act
related to the licensee's practice, the Medical Board shall consider, but not
be limited to, the following standards:
A) Taking advantage of a patient's vulnerability by committing an
act that violates established codes of professional behavior expected on the
part of a physician;
B) Unethical conduct with a patient that results in the patient
engaging in unwanted personal, financial, or sexual relationships with the
physician;
C) Conducting human experimentation or utilizing unproven drugs,
medicine, surgery, or equipment to treat patients, except as authorized for use
in an approved research program pursuant to rules of the Illinois Department of
Public Health authorizing research programs (77 Ill. Adm. Code 250.130) or as
otherwise expressly authorized by law;
D) Committing an act, in the practice of persons licensed under the
Act, of a flagrant, glaringly obvious nature, that constitutes conduct of such
a distasteful nature that accepted codes of behavior or codes of ethics are
breached;
E) Committing an act in a relationship with a patient so as to
violate common standards of decency or propriety; or
F) Any other behavior that violates established codes of
physician behavior or that violates established ethical principles commonly
associated with the practice of medicine.
c) In determining what constitutes gross negligence, the Medical
Board shall consider gross negligence to be an act or omission that is evidence
of recklessness or carelessness toward or a disregard for the safety or
well-being of the patient, and that results in injury to the patient.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.245 ADVERTISING
Section 1285.245 Advertising
a) Advertising shall contain all information necessary to make
the communication informative and not misleading. Advertising shall identify
the type of license or academic credential, including, but not limited to,
M.D., D.O., or D.C., held by the licensee whose services are being promoted.
The form of advertising shall be designed to communicate the information
contained in the advertisement to the public in a direct, dignified and readily
comprehensible manner.
b) Any advertisement shall be retained for at least 3 years by
the physician or licensee.
c) Advertising shall otherwise comply with Section 26 of the Act.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.250 MONITORING OF PROBATION AND OTHER DISCIPLINE AND NOTIFICATION
Section 1285.250 Monitoring
of Probation and Other Discipline and Notification
a) The Chief Medical Coordinator, in addition to providing other
status reports to the Medical Board, shall be responsible for providing status
reports on physicians or physician assistants who have been placed on probation
or who are otherwise being monitored by the Division.
b) When disciplinary action is taken by the Division against a
physician or physician assistant, the Division shall make reasonable efforts to
notify the appropriate professional associations of the disciplinary action as
soon as practicable after notification to the physician or physician
assistant. Any professional association or other interested person who wishes
to receive such information may request to be placed on the Division's mailing
list.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.255 REHABILITATION
Section 1285.255
Rehabilitation
Upon written application to the Medical
Board for restoration of a license or permit from a term of probation,
suspension, revocation, other disciplinary action, or for any other relief, the
Medical Board shall consider, but is not limited to, the following in
determining if the person is to be deemed sufficiently rehabilitated to warrant
the public trust:
a) The seriousness of the offense that resulted in the disciplinary
action being considered or being taken;
b) The length of time that elapsed since the disciplinary action
was taken;
c) The profession, occupation, and outside activities in which
the applicant has been involved;
d) Any counseling, medical treatment, or other rehabilitative
treatment received by the applicant;
e) Continuing medical education courses or other types of courses
taken to correct the grounds for the disciplinary action being considered or
having been taken;
f) The results of a clinical competency examination, designated
by the Disciplinary Board, and paid for by the petitioner;
g) Written reports and oral testimony by peer review committees
or other persons relating to the skill, knowledge, honesty, integrity, and
contriteness of the applicant;
h) Restitution to injured parties;
i) Future plans of the applicant;
j) Involvement of the applicant's family and friends in his or
her rehabilitation process;
k) A written report of a physical or mental examination given by
a physician selected by the Disciplinary Board and paid for by the person being
examined;
l) Any other information evidencing rehabilitation that would
bear upon the applicant's request for relief or restoration of a license;
m) Whether the order imposing sanctions was appealed and, if so,
whether a reviewing court granted a stay or delay of imposition of the
sanction;
n) The date and disposition of any other petition for restoration
filed since the last sanction was imposed; and
o) Whether there has been compliance with any probationary terms
imposed.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.260 FINES
Section 1285.260 Fines
All fines or fees imposed
pursuant to Section 22 of the Act shall be paid in full within 60 days of
imposition unless otherwise additional time is specified in the applicable
Director's order.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.265 SUBPOENA PROCESS OF MEDICAL AND HOSPITAL RECORDS
Section 1285.265 Subpoena
Process of Medical and Hospital Records
a) Upon a showing by the Division that probable cause exists that
a violation of one or more of the grounds for discipline listed in Section 22
of the Act has occurred or is occurring, the Medical Board may subpoena the
medical and hospital records of individual patients of any physician licensed
under the Act. Probable cause exists upon a showing that there is a reasonable
basis for believing that a violation has occurred or is occurring.
1) A request for subpoena of individual medical and hospital
records from a Department prosecutor, investigator, or other appropriate staff shall:
A) Be in writing;
B) Be signed by the Medical Coordinator or Deputy Medical
Coordinator;
C) Allege one or more grounds for discipline under the Act;
D) Identify with reasonable specificity the records requested; and
E) Include an affidavit of a person having knowledge of facts upon
which the request is based.
2) A
request for subpoena of individual medical or hospital records received by the
Chief Administrative Law Judge, or another Administrative law Judge designated
by the Chief, by any Respondent or Petitioner shall:
A) Be in
writing;
B) Set
forth facts to demonstrate that the documents or testimony sought are relevant
to the issues contained in the Complaint, Notice of Intent to Deny, Notice of
Intent to Refuse to Renew, or Petition pending before the Division and are not
otherwise excludable by law or by rule;
C) Identify
with reasonable specificity the records requested; and
D) Include
an affidavit of a person having knowledge of facts upon which the request is
based.
3) Upon
receipt of a request for a subpoena under a subsection (a)(2), the Chief
Administrative Law Judge, or another Administrative Law Judge designated by the
Chief, shall transfer the request to the Medical Board for the Medical Board's
consideration. The Chief Administrative Law Judge, or another Administrative
Law Judge designated by the Chief, shall opine on the relevancy of the
requested records in writing to the Medical Board. The Medical Board shall
determine whether to issue the subpoena within 45 days after receipt of the request.
4) A subpoena for individual medical and hospital records shall:
A) Be served during reasonable business hours;
B) Require that, prior to the submission of such records to the
Medical Board, adequate steps are taken to safeguard the confidentiality of
individual patients by removing any information that would indicate the
identity of individual patients and by encoding the records for use only by
authorized persons;
C) Direct that an inventory of all records produced, and a copy of
encoding information be left with the caretaker of the records; and
D) Provide a compliance date of 30 days to produce the subpoenaed
records or another date specified in the subpoena.
b) The Division or Medical Board may, pursuant to Section 23 of
the Act, subpoena copies of hospital and medical records in mandatory report
cases filed with the Division pursuant to Section 22(A)(34), (35) and (36) and
Section 23 of the Act when the patient or legal representative has failed to
provide written consent to the Division to obtain copies of the hospital and
medical records and the mandatory report alleges death or permanent bodily
injury. Permanent bodily injury is defined as a bodily injury that causes
serious disfigurement or protracted loss or impairment of the function of any
bodily member or organ that, according to every reasonable probability, will
continue throughout the remainder of one's life.
1) The request for subpoena shall:
A) Be in writing;
B) Be signed by the Medical Coordinator or Deputy Medical
Coordinator;
C) State that the mandatory report alleges death or permanent
bodily injury;
D) Identify with reasonable specificity the records requested; and
E) Include an affidavit that the patient or legal representative
would not consent to release records.
2) The subpoena shall:
A) Be served during reasonable business hours;
B) Require that, prior to the submission of such records to the
Medical Board, adequate steps are taken to safeguard the confidentiality of
individual patients by removing any information that would indicate the
identity of individual patients and by encoding the records for use only by
authorized persons;
C) Direct that an inventory of all records produced, and a copy of
encoding information be left with the caretaker of the records; and
D) Provide a compliance date of 30 days to produce the subpoenaed
records or another date specified in the subpoena.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.270 INSPECTION OF PHYSICAL PREMISES
Section 1285.270 Inspection
of Physical Premises
a) Upon a showing by the Division that probable cause exists that
a violation of one or more of the grounds for discipline listed in Section 22
of the Act has occurred or is occurring on the business premises of a physician
licensed under the Act, the Medical Board may issue an order authorizing the Division
to enter upon the business premises of a physician licensed under the Act to
inspect the physical premises and equipment and furnishings on the premises.
b) Probable cause exists upon a showing that there is a
reasonable basis for believing that a violation has occurred or is occurring.
A request for an order authorizing entry upon a business premises shall:
1) Be in writing;
2) Be signed by the Medical Coordinator or Deputy Medical
Coordinator;
3) Allege one or more grounds for discipline under the Act;
4) Identify the premises to be entered; and
5) Include an affidavit of a person having knowledge of facts
upon which the request is based.
c) An order to enter business premises shall:
1) Be executed during the normal business hours of the facility
or office to be inspected;
2) Identify the specific investigators employed by the Division who
are authorized by the order;
3) Be valid only upon the date of issuance and for five business
days thereafter;
4) State that the order does not authorize the right of
inspection of business, medical, or personnel records located on the premises
and identify with specificity the equipment and furnishings to be inspected.
5) State that entry upon the business premises be done with due
consideration for patient care of the subject of the investigation.
d) Nothing contained in this Section prohibits entry upon the
business premises of any physician for inspection of the premises or seizure of
property without an order, so long as the physician who is the subject of the inspection
or seizure consents.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.275 FAILING TO FURNISH INFORMATION
Section 1285.275 Failing to
Furnish Information
In cases alleging a violation of
Section 22(A)(38) of the Act, evidence will be present that:
a) A written request for information was sent to the physician at
the physician's address of record as evidenced by a Certificate of Service or
other verification of mailing or emailing;
b) The written request was signed by the Chief Medical
Coordinator or Deputy Medical Coordinator;
c) The request for information was accompanied by a notice that
sanctions are provided by Section 22(A)(38) of the Act for a failure to provide
the information;
d) The recipient was allowed at least 10 days to provide the
information; and
e) The recipient failed to provide the information that was
within the recipient's possession or control.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.280 MANDATORY REPORTING OF PERSONS ENGAGED IN POST-GRADUATE CLINICAL TRAINING PROGRAMS
Section 1285.280 Mandatory Reporting of Persons Engaged
in Post-Graduate Clinical Training Programs
a) Section
23(A)(1.5) of the Act requires the program director of any post-graduate
clinical training program to report to the Medical Board if a person engaged in
a post-graduate clinical training program at the institution, including, but
not limited to, a residency or fellowship, separates from the program for any
reason prior to its conclusion.
b) "Separation",
as used in this Section, means any absence from a post-graduate clinical
training program exceeding 45 days, whether continuous or in the aggregate, in
any 365-day period; any suspension from a post-graduate clinical training
program, regardless of length or reason; or any termination from a
post-graduate clinical training program. Separation includes a program's
decision not to renew a person's contract to participate in the program prior
to the conclusion of the full term for which the person was originally engaged.
Separation does not include approved leaves of absence for training, maternity
or paternity leave, or vacation, sick or personal leave.
c) Contents
of Reports. Reports of persons who have separated or will separate from a
post-graduate clinical training program shall be submitted in writing, and that
shall include, but not be limited to, the following information:
1) The
name of the post-graduate clinical training program;
2) The
name, address, telephone number, email address and title of the director of the
program;
3) The
name, address, and telephone number of the institution where the program
operates;
4) The
name, address, telephone number, email address and license number of the person
who is the subject of the report;
5) The
nature of, and reasons for, the person's separation from the program; and
6) Any
other information deemed by the reporting person to be of assistance to the Medical
Board and the Medical Coordinators in evaluating the report.
d) Deadline
to Report. Reports of persons who have separated from a post-graduate clinical
training program shall be submitted by the program director to the Disciplinary
Board in a timely manner. The initial report shall be submitted on forms
provided by the Division within 60 days after the separation.
e) Additional
Documentation. The program director shall provide all documentation relating
to the separation if, after review of the report, the Medical Board determines
that those documents are necessary to determine whether a violation of the Act
occurred. [225 ILCS 60/23(A)(1.5)]
f) Confidentiality.
The contents of any report shall be strictly confidential, except as otherwise
provided in this subsection (f) and exempt from public disclosure, but may be
reviewed by:
1) Members
of the Medical Board or their designees;
2) The Medical
Board's designated attorneys;
3) The
Medical Coordinators or their designees;
4) Administrative
personnel assigned to open mail containing reports and to process and
distribute reports to authorized persons, and to communicate with senders of
reports; and
5) The
person who is the subject of the report or that person's attorney or authorized
representative (as evidenced by a written authorization signed by the person
who is the subject of the report).
g) Whenever
a program director makes a report to the Disciplinary Board concerning a person
who has separated from a post-graduate clinical training program, acting in
good faith and not in a willful and wanton manner, the program director, and
the institution employing him or her, shall not, as a result of making
the report, be subject to criminal prosecution or civil damages. [225
ILCS 60/23(C)]
(Source: Amended at 48 Ill. Reg. 18129,
effective December 13, 2024)
SUBPART C: GENERAL INFORMATION
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.305 PHYSICIAN PROFILES
Section
1285.305 Physician Profiles
a) Upon the issuance of a
physician license, the Division shall make available to all physicians as
defined in Section 5 of the Patients' Right to Know Act [225 ILCS 61/5] a copy
of their physician profile. Notification and instructions concerning their
profile shall be sent to the physician's address of record with the Division.
Physicians shall review their profile as it appears on the Division's website,
confirm the listed information, and input all additional information required
as indicated on the website. Any questions or corrections regarding
information contained in the profile shall be sent to the Division in writing
by the physician.
b) It is the responsibility of the
physician to assure that the information the physician enters into the profile
is accurate. Delegation of this task to an employee or designee shall not
waive this responsibility.
c) All physicians shall verify and
complete their profile within 60 days after the notification provided for in
subsection (a). Failure to comply with this Section is a violation of the Act.
d) The Division shall make
available to the public all physician profiles regardless of whether the
physician has provided verification of the profile content. The Division shall
include the following statement in boldface type on any profiles when a
physician has failed to verify his or her profile: "This physician has
not verified the information in this profile."
e) No renewal application shall be
processed unless a physician is in compliance with this Section.
(Source:
Amended at 48 Ill. Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.310 PUBLIC ACCESS TO RECORDS AND MEETINGS (REPEALED)
Section 1285.310 Public
Access to Records and Meetings (Repealed)
(Source: Repealed at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.320 RESPONSE TO HOSPITAL INQUIRIES
Section 1285.320 Response to
Hospital Inquiries
The Division shall respond to
inquiries from hospitals, pursuant to the Hospital's obligation under the
Hospital Licensing Act [210 ILCS 85], within 30 days after receipt of correctly
submitted information.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.330 RULES OF EVIDENCE (REPEALED)
Section 1285.330 Rules of
Evidence (Repealed)
(Source: Repealed at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.335 PHYSICIAN DELEGATION OF AUTHORITY
Section 1285.335 Physician
Delegation of Authority
Physicians licensed to practice
medicine in all its branches may delegate patient care tasks and duties in
accordance with Sections 54.2 and 54.5 of the Act.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.336 USE OF LASERS AND RELATED TECHNOLOGY
Section 1285.336 Use of Lasers and Related Technology
a) Definitions
For the
purposes of this Section, the following definitions apply.
1) "An ablative treatment is expected to excise, burn, or
vaporize the skin below the dermo-epidermal junction. Non-ablative treatments
are those that are not expected or intended to excise, burn, or vaporize the
epidermal surface of the skin." (The Bulletin of the American College of
Surgeons, Vol. 92, No. 4, April 2007)
2) Lasers include, but are not limited to, Class 3b and Class 4
lasers required to be registered with the Illinois Emergency Management Agency,
Division of Nuclear Safety, under 32 Ill. Adm. Code 315, intense pulsed-light,
radiofrequency, and medical microwave devices used for the treatment of
dermatologic conditions or cosmetic procedures that disrupt the epidermal
surface of the skin, whether ablative or non-ablative, is considered to be the
practice of medicine, which shall only be performed by a physician licensed to practice
medicine unless delegated in accordance with this Section.
b) A physician must examine the patient and determine a course of
treatment appropriate to the patient prior to any procedure utilizing a laser.
If the established course of treatment requires multiple procedures, a
subsequent examination shall not be required prior to the performance of each
individual procedure.
1) An ablative or non-ablative procedure that can potentially
disrupt the eye (cornea to retina) may only be performed by a physician
licensed to practice medicine in all of its branches and may not be delegated
pursuant to this Section.
2) A physician licensed to practice medicine in all of its
branches may delegate the performance of ablative procedures to a licensed
practical nurse, a registered professional nurse, or other persons, with
on-site supervision by the physician.
3) A physician licensed to practice medicine in all of its
branches may delegate the performance of non-ablative procedures to a licensed
practical nurse, a registered professional nurse or other persons, with on-site
supervision by the physician or the physician must be available by telephone or
other electronic means to respond promptly to any question or complication that
may occur.
4) A licensed practical nurse, registered professional nurse or
other person delegated the authority to perform any ablative or non-ablative
procedures must have received appropriate, documented training and education in
the safe and effective use of each system utilized.
c) Nothing in this Section shall be deemed or construed to
prevent any person licensed in this State under the Illinois Dental Practice
Act [225 ILCS 25] as a dentist, the Podiatric Medical Practice Act of 1987 [225
ILCS 100], the Nurse Practice Act [225 ILCS 65] as an advanced practice nurse
as specifically authorized by a written collaborative agreement with a
physician licensed to practice medicine in all its branches, or the Physician
Assistant Practice Act of 1987 as specifically authorized by written guidelines
with a physician licensed to practice medicine in all its branches from
engaging in the practice for which the person is licensed. Nothing in this
Section shall be deemed or construed to restrict the use of any device used for
therapeutic treatment or procedures that cannot cut, excise, burn or vaporize
the skin by a physician licensed to treat human aliments without the use of
drugs and without operative surgery. Nothing in this Section shall be deemed
or construed to restrict any person licensed under the Electrologist Licensing
Act [225 ILCS 412] from performing electrology, defined as the practice or
teaching of services for permanent hair removal utilizing only solid probe
electrode type epilation, which may include thermolysis (shortwave, high
frequency), electrolysis (galvanic), or a combination of both (superimposed or
sequential blend [225 ILCS 412/10].
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
| TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1285
MEDICAL PRACTICE ACT OF 1987
SECTION 1285.340 ANESTHESIA SERVICES IN AN OFFICE SETTING
Section 1285.340 Anesthesia
Services in an Office Setting
a) In a physician's office, the operating physician shall have
training and experience in the delivery of anesthesia services in order to
administer anesthesia or to enter into a practice agreement with a certified
registered nurse anesthetist (CRNA) to provide anesthesia services in the
office pursuant to Section 54.5 of the Medical Practice Act and Section 65-35
of the Nurse Practice Act [225 ILCS 65]. When an anesthesiologist is
administering anesthesia in a physician's office, the operating physician is
not required to have the training and experience set forth in subsection (b).
A physician's office is any practice location not regulated by Section 10.7 of
the Hospital Licensing Act [210 ILCS 85] or Section 6.5 of the Ambulatory
Surgical Treatment Center Act [210 ILCS 5].
b) The training and experience requirements may be met in the
manner specified in either subsection (b)(1) or (2):
1) The physician maintains clinical privileges to administer
anesthesia services in a hospital licensed in accordance with the Hospital
Licensing Act or an ambulatory surgical treatment center licensed in accordance
with the Ambulatory Surgical Treatment Center Act; or
2) Completion of continuing medical education:
A) For conscious sedation only, the physician shall complete a
minimum of 8 hours of continuing medical education (CME) within each 3 year
license renewal period in delivery of anesthesia, including the administration
of conscious sedation.
B) For deep sedation, regional anesthesia and/or general
anesthesia, a physician shall complete a minimum of 34 hours of continuing
medical education in the delivery of anesthesia services within each 3 year
license renewal period. Fulfillment of this requirement shall satisfy the
requirement of subsection (b)(2)(A) for the administration of conscious
sedation.
C) A continuing medical education program shall be conducted by a
university, professional association, or hospital as a formal CME program under
68 Ill. Adm. Code 1285.110(b)(2).
c) In a physician's office where anesthesia services are being
administered, all operating physicians and anesthesiologists shall obtain
Advanced Cardiac Life Support (ACLS) certification prior to administering
anesthesia services and shall maintain current ACLS certification. If the
physician enters into a practice agreement with the CRNA, the CRNA shall also
have a current ACLS certification pursuant to 68 Ill. Adm. Code 1300.450.
d) The ACLS certification and the physician training and
experience required by this Section shall be documented in the written practice
agreement between the physician and CRNA.
e) The continuing medical education required in subsection (b)
and the ACLS training required in subsection (c) may be applied to fulfillment of
the 150 hours continuing medical education required for renewal of a license.
f) Definitions of Anesthesia
1) Moderate Sedation Analgesia (Conscious Sedation) is a
drug-induced depression of consciousness during which patients respond
purposefully to verbal commands, either alone or accompanied by light tactile
stimulation. No interventions are required to maintain a patent airway and
spontaneous ventilation is adequate. Cardiovascular function is usually
maintained.
2) Deep Sedation/Analgesia is a drug-induced depression of
consciousness during which patients cannot be easily aroused but respond
purposefully following repeated or painful stimulation. The ability to
independently maintain ventilatory function may be impaired. Patients may
require assistance in maintaining a patent airway and spontaneous ventilation
may be inadequate. Cardiovascular function is usually maintained.
3) Regional Anesthesia is the administration of local anesthetic
agents to a patient to interrupt nerve impulses in a major region of the body
without loss of consciousness and include epidural, caudal, spinal and brachial
plexus anesthesia.
4) General Anesthesia is a drug-induced loss of consciousness
during which patients are not arousable, even by painful stimulation. The
ability to independently maintain ventilatory function is often impaired.
Patients often require assistance in maintaining a patent airway, and positive
pressure ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular function may be impaired.
g) Physicians who perform procedures in an office setting
utilizing anesthesia in the following manner are not required to comply with
this Section:
1) The use of local anesthesia in which the total dose of local
anesthesia does not exceed 50% of the commonly accepted toxic dose on a weight
adjusted basis.
2) The use of topical anesthesia in which the total dose of
topical anesthesia does not exceed 50% of the commonly accepted toxic dose on a
weight adjusted basis.
3) The use of minimal sedation (anxiolysis). Minimal sedation (anxiolysis)
is a drug-induced state during which patients respond normally to verbal
commands. Although cognitive function and coordination may be impaired,
respiratory and cardiovascular functions are unaffected.
(Source: Amended at 48 Ill.
Reg. 18129, effective December 13, 2024)
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