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Public Act 101-0118 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Department of Public Health Powers and | ||||
Duties Law of the
Civil Administrative Code of Illinois is | ||||
amended by changing Section 2310-220 as follows:
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(20 ILCS 2310/2310-220) (was 20 ILCS 2310/55.73)
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Sec. 2310-220. Findings; rural obstetrical care. The | ||||
General
Assembly finds
that substantial areas of rural Illinois | ||||
lack adequate access to obstetrical
care. The primary cause of | ||||
this problem is the absence of qualified
practitioners who are | ||||
willing to offer obstetrical services. A significant
barrier to | ||||
recruiting and retaining those practitioners is the high cost | ||||
of
professional liability insurance for practitioners offering | ||||
obstetrical care.
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Therefore, the Department, from funds appropriated for | ||||
that purpose, shall
award grants to physicians practicing | ||||
obstetrics in rural designated shortage
areas, as defined in | ||||
Section 3.04 of the Underserved Physician Workforce Family | ||||
Practice Residency Act, for the
purpose of reimbursing those | ||||
physicians for the costs of obtaining malpractice
insurance | ||||
relating to obstetrical services. The Department shall | ||||
establish
reasonable conditions, standards, and duties |
relating to the application for
and receipt of the grants.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 10. The Family Practice Residency Act is amended by | ||
changing the title of the Act and Sections 1, 2, 3.03, 3.06, | ||
3.07, 3.09, 4.01, 4.02, 4.07, 4.10, 4.11, 5, 6, and 9 and by | ||
adding Section 3.10 as follows:
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(110 ILCS 935/Act title)
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An Act to provide grants for primary care and other family | ||
practice residency programs , and
medical student scholarships , | ||
and loan repayment assistance through the Illinois Department | ||
of Public Health.
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(110 ILCS 935/1) (from Ch. 144, par. 1451)
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Sec. 1.
This Act shall be known and may be cited as the | ||
Underserved Physician Workforce Act "Family Practice
Residency | ||
Act" .
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(Source: P.A. 80-478.)
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(110 ILCS 935/2) (from Ch. 144, par. 1452)
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Sec. 2.
The purpose of this Act is to establish programs in | ||
the
Illinois Department of Public Health to upgrade primary | ||
health care
services for all citizens of the State, to increase | ||
access, and to reduce health care disparities by providing | ||
grants to family
practice and preventive medicine residency |
programs, scholarships to
medical students, and a loan | ||
repayment program for physicians and other eligible health | ||
primary care providers who
will agree to practice in areas of | ||
the State demonstrating the greatest
need for more professional | ||
medical care. The programs shall encourage
family practice | ||
physicians and other eligible health care primary care | ||
providers to locate in areas where health manpower
shortages | ||
exist and to increase the total number of family practice
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physicians and other eligible health care primary care | ||
providers in the State.
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(Source: P.A. 98-674, eff. 6-30-14.)
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(110 ILCS 935/3.03) (from Ch. 144, par. 1453.03)
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Sec. 3.03.
"Committee" means the Advisory Committee for | ||
Family
Practice Residency Programs created by this Act.
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(Source: P.A. 80-478.)
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(110 ILCS 935/3.06) (from Ch. 144, par. 1453.06)
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Sec. 3.06.
" Residency Family practice residency program" | ||
means a program
accredited by the Accreditation Council for | ||
Graduate Medical Education ,
or the Committee on Postdoctoral | ||
Training of the American Osteopathic
Association.
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(Source: P.A. 84-1341.)
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(110 ILCS 935/3.07) (from Ch. 144, par. 1453.07)
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Sec. 3.07.
"Eligible medical student" means a person who |
meets all of
the following qualifications:
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(a) he or she is an Illinois resident at the time of | ||
application for
a scholarship under the program | ||
established by this Act;
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(b) he or she is studying medicine in a medical school | ||
located in
Illinois;
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(c) he or she exhibits financial need as determined by | ||
the
Department; and
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(d) he or she agrees to practice full-time in a | ||
Designated
Shortage Area as a primary care physician , | ||
general surgeon, emergency medicine physician, or | ||
obstetrician one year for each year he or she
is a | ||
scholarship recipient.
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(Source: P.A. 84-1341.)
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(110 ILCS 935/3.09) | ||
Sec. 3.09. Eligible health care provider primary care | ||
providers . "Eligible health care provider primary care | ||
providers " means a primary care physician, general surgeon, | ||
emergency medicine physician, or obstetrician health care | ||
providers within specialties determined to be eligible by the | ||
U.S. Health Resources and Services Administration for the | ||
National Health Service Corps Loan Repayment Program .
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(Source: P.A. 98-674, eff. 6-30-14.) | ||
(110 ILCS 935/3.10 new) |
Sec. 3.10. Primary care physician. "Primary care | ||
physician" means a general internist, family physician, or | ||
general pediatrician.
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(110 ILCS 935/4.01) (from Ch. 144, par. 1454.01)
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Sec. 4.01.
To allocate funds to family practice residency | ||
programs
according to the following priorities:
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(a) to increase the number of eligible health care | ||
providers family practice physicians in
Designated | ||
Shortage Areas;
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(b) (blank); to increase the percentage of | ||
obstetricians establishing practice
within the State upon | ||
completion of residency;
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(c) to increase the number of accredited , eligible | ||
health care provider family practice residencies
within | ||
the State;
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(d) to increase the percentage of eligible health care | ||
providers family practice physicians
establishing practice | ||
within the State upon completion of residency; and
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(e) to provide funds for rental of office space, | ||
purchase of equipment ,
and other uses necessary to enable | ||
eligible health care providers family practitioners to | ||
locate their
practices in communities located in | ||
designated shortage areas.
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(Source: P.A. 86-1384.)
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(110 ILCS 935/4.02) (from Ch. 144, par. 1454.02)
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Sec. 4.02.
To determine the procedures for the distribution | ||
of the
funds to family practice residency programs, including | ||
the establishment
of eligibility criteria in accordance with | ||
the following guidelines:
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(a) preference for programs which are to be established | ||
at locations
which exhibit potential for extending | ||
eligible health care provider family practice physician
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availability to Designated Shortage Areas;
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(b) preference for programs which are located away from | ||
communities
in which medical schools are located; and
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(c) preference for programs located in hospitals | ||
having affiliation
agreements with medical schools located | ||
within the State.
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In distributing such funds, the Department may also | ||
consider as secondary
criteria whether a family practice | ||
residency program has:
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(1) Adequate courses of instruction in the behavioral | ||
sciences;
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(2) Availability and systematic utilization of | ||
opportunities for residents
to gain experience through | ||
local health departments or other preventive
or | ||
occupational medical facilities;
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(3) A continuing program of community-oriented | ||
research in such areas
as risk factors in community | ||
populations, immunization levels, environmental
hazards, |
or occupational hazards;
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(4) Sufficient mechanisms for maintenance of quality | ||
training, such as
peer review, systematic progress | ||
reviews, referral system, and maintenance
of adequate | ||
records; and
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(5) An appropriate course of instruction in societal, | ||
institutional , and
economic conditions affecting a rural | ||
health care family practice.
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(Source: P.A. 81-321.)
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(110 ILCS 935/4.07) (from Ch. 144, par. 1454.07)
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Sec. 4.07.
To coordinate the family residency grants | ||
program
established under this Act with the program | ||
administered by the Illinois
Board of Higher Education under | ||
the " Health Services Education Grants
Act " .
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(Source: P.A. 80-478.)
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(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
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Sec. 4.10.
To establish programs, and the criteria for such | ||
programs,
for the repayment of the educational loans of primary | ||
care physicians and other eligible health primary care | ||
providers who
agree to serve in Designated Shortage Areas for a | ||
specified period of time,
no less than 2 years. Payments under | ||
this program may be made for the
principal, interest , and | ||
related expenses of government and
commercial loans received by | ||
the individual for tuition expenses, and all other
reasonable |
educational expenses incurred by the individual. Payments made | ||
under this
provision shall be exempt from Illinois State Income | ||
Tax. The Department may use tobacco settlement recovery funding | ||
or other available funding to implement this Section.
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(Source: P.A. 98-674, eff. 6-30-14.)
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(110 ILCS 935/4.11) (from Ch. 144, par. 1454.11)
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Sec. 4.11.
To require family practice residency programs | ||
seeking
grants under this Act to make application according to | ||
procedures
consistent with the priorities and guidelines | ||
established in Sections
4.01 and 4.02 of this Act.
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(Source: P.A. 80-478.)
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(110 ILCS 935/5) (from Ch. 144, par. 1455)
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Sec. 5.
The Advisory Committee for Family Practice | ||
Residency Programs
is created and shall consult with the | ||
Director in the administration of
this Act. The Committee shall | ||
consist of 9 members
appointed by the Director, 4 of whom shall | ||
be eligible health care providers family practice
physicians , | ||
one of whom shall be the dean or associate or deputy dean of a
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medical school in this
State, and 4 of whom shall be | ||
representatives of the general public.
Terms of membership | ||
shall be 4 years. Initial appointments by the
Director shall be | ||
staggered, with 4 appointments terminating January 31,
1979 and | ||
4 terminating January 31, 1981. Each member shall continue to
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serve after the expiration of his term until his successor has |
been
appointed. No person shall serve more than 2 terms. | ||
Vacancies shall be
filled by appointment for the unexpired term | ||
of any member in the same
manner as the vacant position had | ||
been filled. The Committee shall
select from its members a | ||
chairman from among the eligible health care provider family | ||
practice
physician members, and such other officers as may be | ||
required. The
Committee shall meet as frequently as the | ||
Director deems necessary, but
not less than once each year. The | ||
Committee members shall receive no
compensation but shall be | ||
reimbursed for actual expenses incurred in
carrying out their | ||
duties.
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(Source: P.A. 92-635, eff. 7-11-02.)
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(110 ILCS 935/6) (from Ch. 144, par. 1456)
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Sec. 6.
Residency Family practice residency programs | ||
seeking funds under this
Act shall make application to the | ||
Department. The application shall
include evidence of local | ||
support for the program, either in the form of
funds, services , | ||
or other resources. The ratio of State support to local
support | ||
shall be determined by the Department in a manner that is
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consistent with the purpose of this Act as stated in Section 2 | ||
of this
Act. In establishing such ratio of State to local | ||
support , the Department
may vary the amount of the required | ||
local support depending upon the
criticality of the need for | ||
more professional health care services and , the
geographic | ||
location and the economic base of the Designated Shortage
Area.
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(Source: P.A. 80-478.)
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(110 ILCS 935/9) (from Ch. 144, par. 1459)
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Sec. 9.
The Department shall annually report to the General | ||
Assembly
and the Governor the results and progress of the | ||
programs established by
this Act on or before March 15th.
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The annual report to the General Assembly and the Governor | ||
shall include
the impact of programs established under this Act | ||
on the ability of
designated shortage areas to attract and | ||
retain eligible physicians and other health
care providers | ||
personnel . The report shall include recommendations to improve | ||
that
ability.
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The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report as required by | ||
Section 3.1 of the General Assembly Organization Act,
and | ||
filing such additional copies with the State Government Report
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Distribution Center for the General Assembly as is required | ||
under paragraph
(t) of Section 7 of the State Library Act.
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(Source: P.A. 100-1148, eff. 12-10-18.)
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(110 ILCS 935/7 rep.) | ||
Section 15. The Family Practice Residency Act is amended by | ||
repealing Section 7. | ||
Section 20. The Nurses in Advancement Law is amended by | ||
changing Section 1-20 as follows:
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(110 ILCS 970/1-20) (from Ch. 144, par. 2781-20)
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Sec. 1-20. Scholarship requirements. It shall be lawful for | ||
any
organization to condition any loan or grant upon the | ||
recipient's executing
an agreement to commit not more than 5 | ||
years of his or her professional
career to the goals | ||
specifically outlined within the agreement including a
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requirement that recipient practice nursing or medicine in | ||
specifically
designated practice and geographic areas.
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Any agreement executed by an organization and any recipient | ||
of loan or grant
assistance shall contain a provision for | ||
liquidated damages to be paid for
any breach of any provision | ||
of the agreement, or any commitment
contained therein, together | ||
with attorney's fees and costs for the enforcement
thereof. Any | ||
such covenant shall be valid and enforceable in the courts of
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this State as liquidated damages and shall not be considered a | ||
penalty,
provided that the provision for liquidated damages | ||
does not exceed $2,500 for
each year remaining for the | ||
performance of the agreement.
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This Section shall not be construed as pertaining to or | ||
limiting any
liquidated damages resulting from scholarships | ||
awarded under the Underserved Physician Workforce Family
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Practice Residency Act.
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(Source: P.A. 92-651, eff. 7-11-02.)
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Section 25. The Private Medical Scholarship Agreement Act |
is amended by changing Section 3 as follows:
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(110 ILCS 980/3) (from Ch. 144, par. 2703)
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Sec. 3.
Any such agreement executed by such an organization | ||
and any
recipient of loan, grant assistance or recommendation | ||
may contain a provision for
liquidated damages to be paid for | ||
any breach of any provision of the
agreement, or any commitment | ||
contained therein, together with attorney's fees and costs
for | ||
the enforcement thereof. Any such covenant shall be valid and
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enforceable in the courts of this State as liquidated damages | ||
and shall not
be considered a penalty, provided that such | ||
provision for liquidated damages does not
exceed $2,500 for | ||
each year
remaining for the performance of such agreement.
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This Section shall not be construed as pertaining to or | ||
limiting any
liquidated damages resulting from scholarships | ||
awarded under the Underserved Physician Workforce "Family
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Practice Residency Act ", as amended .
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(Source: P.A. 86-999.)
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Section 30. The Illinois Public Aid Code is amended by | ||
changing Section 12-4.24a as follows:
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(305 ILCS 5/12-4.24a) (from Ch. 23, par. 12-4.24a)
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Sec. 12-4.24a.
Report and recommendations concerning | ||
designated
shortage area. The Illinois Department shall | ||
analyze payments made to
providers of medical services under |
Article V of
this Code to
determine whether any special | ||
compensatory standard should be applied to
payments to such | ||
providers in designated shortage areas as defined in
Section | ||
3.04 of the Underserved Physician Workforce Family Practice | ||
Residency Act , as now or hereafter
amended . The Illinois | ||
Department shall, not later than June 30, 1990,
report to the | ||
Governor and the General Assembly concerning the results of
its | ||
analysis, and may provide by rule for adjustments in its | ||
payment rates
to medical service providers in such areas.
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(Source: P.A. 92-111, eff. 1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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