SB1843 97TH GENERAL ASSEMBLY

LRB097 10065 CEL 50242 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1843

Introduced 2/9/2011, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

225 ILCS 60/2	from Ch. 111, par. 4400-2
225 ILCS 60/3	from Ch. 111, par. 4400-3
225 ILCS 60/15	from Ch. 111, par. 4400-15
225 ILCS 60/49.3 new
225 ILCS 60/50	from Ch. 111, par. 4400-50
225 ILCS 60/51	from Ch. 111, par. 4400-51

Amends the Medical Practice Act. Provides that any person holding a valid license under the Act, including persons licensed as a chiropractic physician, may prescribe, dispense, or administer oxygen. Makes changes in provisions concerning licenses for general practice. Makes corresponding changes.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Medical Practice Act of 1987 is amended by changing Sections 2, 3, 15, 50, and 51 and by adding Section 49.3 as follows:

(225 ILCS 60/2) (from Ch. 111, par. 4400-2)

(Section scheduled to be repealed on November 30, 2011)

Sec. 2. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:

1. "Act" means the Medical Practice Act of 1987.

2. "Department" means the Department of Professional Regulation.

3. "Director" means the Director of Professional Regulation.

4. "Disciplinary Action" means revocation, suspension, probation, supervision, practice modification, reprimand, required education, fines or any other action taken by the Department against a person holding a license.

5. "Disciplinary Board" means the Medical Disciplinary Board.

6. "Final Determination" means the governing body's final action taken under the procedure followed by a health care institution, or professional association or society, against any person licensed under the Act in accordance with the bylaws or rules and regulations of such health care institution, or professional association or society.

7. "Fund" means the Medical Disciplinary Fund.

8. "Impaired" means the inability to practice medicine with reasonable skill and safety due to physical or mental disabilities as evidenced by a written determination or written consent based on clinical evidence including deterioration through the aging process or loss of motor skill, or abuse of drugs or alcohol, of sufficient degree to diminish a person's ability to deliver competent patient care.

9. "Licensing Board" means the Medical Licensing Board.

10. "Physician" means a person licensed under the Medical Practice Act to practice medicine in all of its branches or a chiropractic physician licensed to treat human ailments without operative surgery and without the use of prescription drugs except as provided in Section 49.3 and without operative surgery.

11. "Professional Association" means an association or society of persons licensed under this Act, and operating within the State of Illinois, including but not limited to, medical societies, osteopathic organizations, and chiropractic organizations, but this term shall not be deemed to include hospital medical staffs.

12. "Program of Care, Counseling, or Treatment" means a written schedule of organized treatment, care, counseling, activities, or education, satisfactory to the Disciplinary Board, designed for the purpose of restoring an impaired person to a condition whereby the impaired person can practice medicine with reasonable skill and safety of a sufficient degree to deliver competent patient care.

(Source: P.A. 85-1209; 85-1245; 85-1440.)

(225 ILCS 60/3) (from Ch. 111, par. 4400-3)

(Section scheduled to be repealed on November 30, 2011)

Sec. 3. Licensure requirement. No person shall practice medicine, or any of its branches, or treat human ailments without the use of drugs and without operative surgery and without the use of prescription drugs except as provided in Section 49.3, without a valid, existing license to do so, except that a physician who holds an active license in another state or a second year resident enrolled in a residency program accredited by the Liaison Committee on Graduate Medical Education or the Bureau of Professional Education of the American Osteopathic Association may provide medical services to patients in Illinois during a bonafide emergency in immediate preparation for or during interstate transit.

(Source: P.A. 89-702, eff. 7-1-97.)

(225 ILCS 60/15) (from Ch. 111, par. 4400-15)

(Section scheduled to be repealed on November 30, 2011)

Sec. 15. Chiropractic physician; license for general practice. Physician licensed to practice without drugs and operative surgery; license for general practice. Any physician licensed under this Act as a chiropractic physician to treat human ailments without the use of prescriptive drugs and operative surgery shall be permitted to take the examination for licensure as a physician to practice medicine in all its branches and shall receive a license to practice medicine in all of its branches if he or she shall successfully pass such examination, upon proof of having successfully completed in a medical college, osteopathic college or chiropractic college reputable and in good standing in the judgment of the Department, courses of instruction in materia medica, therapeutics, surgery, obstetrics, and theory and practice deemed by the Department to be equal to the courses of instruction required in those subjects for admission to the examination for a license to practice medicine in all of its branches, together with proof of having completed (a) the 2 year course of instruction in a college of liberal arts, or its equivalent, required under this Act, and (b) a course of postgraduate clinical training of not less than 24 months as approved by the Department.

(Source: P.A. 89-702, eff. 7-1-97.)

(225 ILCS 60/49.3 new)

Sec. 49.3. Prescribing, dispensing, or administering oxygen. Any person holding a valid license under this Act, including persons licensed as a chiropractic physician, may prescribe, dispense, or administer oxygen.

(225 ILCS 60/50) (from Ch. 111, par. 4400-50)

(Section scheduled to be repealed on November 30, 2011)

Sec. 50. Any person who practices as a physician medicine in all of its branches or treats human ailments without the use of drugs or operative surgery including, but not limited to, treatment or diagnosis of any physical or mental ailments or conditions including, but not limited to, deformities, diseases, disorders, or injuries without a valid license under the laws of this State shall be sentenced as provided in Section 59.

(Source: P.A. 87-660.)

(225 ILCS 60/51) (from Ch. 111, par. 4400-51)

(Section scheduled to be repealed on November 30, 2011)

Sec. 51. Any person who treats human ailments by the use of drugs or operative surgery except as provided in Section 49.3 and has only a license as a chiropractic physician to treat human ailments without the use of drugs and without operative surgery, shall be sentenced as provided in Section 59.

(Source: P.A. 85-4.)