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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0708 Introduced 1/30/2017, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Findings. The General Assembly finds that: |
5 | | (1) naturopathic medicine is not currently regulated |
6 | | in Illinois, and needs to be on the principles of freedom |
7 | | of choice in healthcare and consumer protection; |
8 | | (2) naturopathic physicians are trained alongside and |
9 | | at the same standard as chiropractic physicians in |
10 | | Illinois; |
11 | | (3) naturopathic medicine has a federally recognized |
12 | | accreditation agency, the Council on Naturopathic Medical |
13 | | Education, which makes identification of properly |
14 | | credentialed individuals simple and straightforward; |
15 | | (4) naturopathic medicine has a common licensing |
16 | | examination used across North America, the Naturopathic |
17 | | Physicians Licensing Examinations (NPLEX); and |
18 | | (5) citizens of Illinois are obtaining the credentials |
19 | | for naturopathic physicians but do not currently have a |
20 | | legislative framework that allows them to practice in the |
21 | | State. |
22 | | Section 5. The Geriatric Medicine Assistance Act is amended |
23 | | by changing Section 2 as follows:
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1 | | (20 ILCS 3945/2) (from Ch. 144, par. 2002)
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2 | | Sec. 2. There is created the Geriatric Medicine Assistance |
3 | | Commission. The Commission shall receive and approve |
4 | | applications for grants from schools,
recognized by the |
5 | | Department of Professional Regulation as being authorized
to |
6 | | confer doctor of medicine, doctor of osteopathy, doctor of |
7 | | chiropractic , doctor of naturopathic medicine,
or registered |
8 | | professional nursing degrees in the State, to help finance
the |
9 | | establishment of geriatric medicine programs within such |
10 | | schools. In
determining eligibility for grants, the Commission |
11 | | shall give preference to
those programs which exhibit the |
12 | | greatest potential for directly benefiting
the largest number |
13 | | of elderly citizens in the State. The Commission may not
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14 | | approve the application of any institution which is unable to |
15 | | demonstrate
its current financial stability and reasonable |
16 | | prospects for future
stability. No institution which fails to |
17 | | possess and maintain an open
policy with respect to race, |
18 | | creed, color and sex as to admission of
students, appointment |
19 | | of faculty and employment of staff shall be eligible
for grants |
20 | | under this Act. The Commission shall establish such rules and
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21 | | standards as it deems necessary for the implementation of this |
22 | | Act.
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23 | | The Commission shall be composed of 8 members selected as |
24 | | follows: 2
physicians licensed to practice under the Medical |
25 | | Practice Act of 1987
and specializing in geriatric medicine; a |
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1 | | registered professional nurse
licensed under the Nurse |
2 | | Practice Act and specializing in
geriatric health care; 2 |
3 | | representatives of organizations
interested in geriatric
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4 | | medicine or the care of the elderly; and 3 individuals 60 or |
5 | | older who are
interested in geriatric health care or the care |
6 | | of the
elderly. The members of
the Commission shall be selected |
7 | | by the Governor from a list
of recommendations submitted to him |
8 | | by organizations concerned with geriatric
medicine or the care |
9 | | of the elderly.
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10 | | The terms of the members of the Commission shall be 4 |
11 | | years, except that
of the members initially appointed, 2 shall |
12 | | be designated to serve until
January 1, 1986, 3 until January |
13 | | 1, 1988, and 2 until January 1, 1990.
Members of the Commission |
14 | | shall receive no compensation, but shall be
reimbursed for |
15 | | actual expenses incurred in carrying out their duties.
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16 | | (Source: P.A. 95-639, eff. 10-5-07.)
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17 | | Section 10. The School Code is amended by changing Sections |
18 | | 24-6 and 26-1 as follows:
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19 | | (105 ILCS 5/24-6)
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20 | | Sec. 24-6. Sick leave. The school boards of all school |
21 | | districts, including special charter
districts, but not |
22 | | including school districts in municipalities of 500,000
or |
23 | | more, shall grant their full-time teachers, and also shall |
24 | | grant
such of their other employees as are eligible to |
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1 | | participate in the
Illinois Municipal Retirement Fund under the |
2 | | "600-Hour Standard"
established, or under such other |
3 | | eligibility participation standard as may
from time to time be |
4 | | established, by rules and regulations now or hereafter
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5 | | promulgated by the Board of that Fund under Section 7-198 of |
6 | | the Illinois
Pension Code, as now or hereafter amended, sick |
7 | | leave
provisions not less in amount than 10 days at full pay in |
8 | | each school year.
If any such teacher or employee does not use |
9 | | the full amount of annual leave
thus allowed, the unused amount |
10 | | shall be allowed to accumulate to a minimum
available leave of |
11 | | 180 days at full pay, including the leave of the current
year. |
12 | | Sick leave shall be interpreted to mean personal illness, |
13 | | quarantine
at home, serious illness or death in the immediate |
14 | | family or household, or
birth, adoption, or placement for |
15 | | adoption.
The school board may require a certificate from a |
16 | | physician licensed in Illinois to practice medicine and surgery |
17 | | in all its branches, a chiropractic physician or naturopathic |
18 | | physician licensed under the Medical Practice Act of 1987, a |
19 | | licensed advanced practice nurse, a licensed physician |
20 | | assistant, or, if the treatment
is by prayer or spiritual |
21 | | means, a spiritual adviser or
practitioner of the teacher's or |
22 | | employee's faith as a basis for pay during leave after
an |
23 | | absence of 3 days for personal illness or 30 days for birth or |
24 | | as the school board may deem necessary in
other cases. If the |
25 | | school board does require a
certificate
as a basis for pay |
26 | | during leave of
less than 3 days for personal illness, the |
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1 | | school board shall pay, from school funds, the
expenses |
2 | | incurred by the teachers or other employees in obtaining the |
3 | | certificate. For paid leave for adoption or placement for |
4 | | adoption, the school board may require that the teacher or |
5 | | other employee provide evidence that the formal adoption |
6 | | process is underway, and such leave is limited to 30 days |
7 | | unless a longer leave has been negotiated with the exclusive |
8 | | bargaining representative.
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9 | | If, by reason of any change in the boundaries of school |
10 | | districts, or by
reason of the creation of a new school |
11 | | district, the employment of a
teacher is transferred to a new |
12 | | or different board, the accumulated sick
leave of such teacher |
13 | | is not thereby lost, but is transferred to such new
or |
14 | | different district.
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15 | | For purposes of this Section, "immediate family" shall |
16 | | include parents,
spouse, brothers, sisters, children, |
17 | | grandparents, grandchildren,
parents-in-law, brothers-in-law, |
18 | | sisters-in-law, and legal guardians.
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19 | | (Source: P.A. 99-173, eff. 7-29-15.)
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20 | | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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21 | | Sec. 26-1. Compulsory school age-Exemptions. Whoever has |
22 | | custody or control of any child (i) between the ages of 7 and |
23 | | 17
years (unless the child has already graduated from high |
24 | | school) for school years before the 2014-2015 school year or |
25 | | (ii) between the ages
of 6 (on or before September 1) and 17 |
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1 | | years (unless the child has already graduated from high school) |
2 | | beginning with the 2014-2015 school year
shall cause such child |
3 | | to attend some public school in the district
wherein the child |
4 | | resides the entire time it is in session during the
regular |
5 | | school term, except as provided in Section 10-19.1, and during |
6 | | a
required summer school program established under Section |
7 | | 10-22.33B; provided,
that
the following children shall not be |
8 | | required to attend the public schools:
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9 | | 1. Any child attending a private or a parochial school |
10 | | where children
are taught the branches of education taught |
11 | | to children of corresponding
age and grade in the public |
12 | | schools, and where the instruction of the child
in the |
13 | | branches of education is in the English language;
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14 | | 2. Any child who is physically or mentally unable to |
15 | | attend school, such
disability being certified to the |
16 | | county or district truant officer by a
competent physician |
17 | | licensed in Illinois to practice medicine and surgery in |
18 | | all its branches, a chiropractic physician or naturopathic |
19 | | physician licensed under the Medical Practice Act of 1987, |
20 | | a licensed advanced practice nurse, a licensed physician |
21 | | assistant, or a Christian Science practitioner residing in |
22 | | this
State and listed in the Christian Science Journal; or |
23 | | who is excused for
temporary absence for cause by
the |
24 | | principal or teacher of the school which the child attends; |
25 | | the exemptions
in this paragraph (2) do not apply to any |
26 | | female who is pregnant or the
mother of one or more |
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1 | | children, except where a female is unable to attend
school |
2 | | due to a complication arising from her pregnancy and the |
3 | | existence
of such complication is certified to the county |
4 | | or district truant officer
by a competent physician;
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5 | | 3. Any child necessarily and lawfully employed |
6 | | according to the
provisions of the law regulating child |
7 | | labor may be excused from attendance
at school by the |
8 | | county superintendent of schools or the superintendent of
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9 | | the public school which the child should be attending, on |
10 | | certification of
the facts by and the recommendation of the |
11 | | school board of the public
school district in which the |
12 | | child resides. In districts having part time
continuation |
13 | | schools, children so excused shall attend such schools at
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14 | | least 8 hours each week;
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15 | | 4. Any child over 12 and under 14 years of age while in |
16 | | attendance at
confirmation classes;
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17 | | 5. Any child absent from a public school on a |
18 | | particular day or days
or at a particular time of day for |
19 | | the reason that he is unable to attend
classes or to |
20 | | participate in any examination, study or work requirements |
21 | | on
a particular day or days or at a particular time of day, |
22 | | because the tenets
of his religion forbid secular activity |
23 | | on a particular day or days or at a
particular time of day. |
24 | | Each school board shall prescribe rules and
regulations |
25 | | relative to absences for religious holidays including, but |
26 | | not
limited to, a list of religious holidays on which it |
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1 | | shall be mandatory to
excuse a child; but nothing in this |
2 | | paragraph 5 shall be construed to limit
the right of any |
3 | | school board, at its discretion, to excuse an absence on
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4 | | any other day by reason of the observance of a religious |
5 | | holiday. A school
board may require the parent or guardian |
6 | | of a child who is to be excused
from attending school due |
7 | | to the observance of a religious holiday to give
notice, |
8 | | not exceeding 5 days, of the child's absence to the school
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9 | | principal or other school personnel. Any child excused from |
10 | | attending
school under this paragraph 5 shall not be |
11 | | required to submit a written
excuse for such absence after |
12 | | returning to school; |
13 | | 6. Any child 16 years of age or older who (i) submits |
14 | | to a school district evidence of necessary and lawful |
15 | | employment pursuant to paragraph 3 of this Section and (ii) |
16 | | is enrolled in a graduation incentives program pursuant to |
17 | | Section 26-16 of this Code or an alternative learning |
18 | | opportunities program established pursuant to Article 13B |
19 | | of this Code; and
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20 | | 7. A child in any of grades 6 through 12 absent from a |
21 | | public school on a particular day or days or at a |
22 | | particular time of day for the purpose of sounding "Taps" |
23 | | at a military honors funeral held in this State for a |
24 | | deceased veteran. In order to be excused under this |
25 | | paragraph 7, the student shall notify the school's |
26 | | administration at least 2 days prior to the date of the |
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1 | | absence and shall provide the school's administration with |
2 | | the date, time, and location of the military
honors |
3 | | funeral. The school's administration may waive this 2-day |
4 | | notification requirement if the student did not receive at |
5 | | least 2 days advance notice, but the student shall notify |
6 | | the school's administration as soon as possible of the |
7 | | absence. A student whose absence is excused under this |
8 | | paragraph 7 shall be counted as if the student attended |
9 | | school for purposes of calculating the average daily |
10 | | attendance of students in the school district. A student |
11 | | whose absence is excused under this paragraph 7 must be |
12 | | allowed a reasonable time to make up school work missed |
13 | | during the absence. If the student satisfactorily |
14 | | completes the school work, the day of absence shall be |
15 | | counted as a day of compulsory attendance and he or she may |
16 | | not be penalized for that absence. |
17 | | (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15; |
18 | | 99-804, eff. 1-1-17 .)
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19 | | Section 15. The Illinois Insurance Code is amended by |
20 | | changing Section 122-1 as follows:
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21 | | (215 ILCS 5/122-1) (from Ch. 73, par. 734-1)
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22 | | Sec. 122-1. The authority and jurisdiction of Insurance |
23 | | Department.
Notwithstanding any other provision of law, and |
24 | | except as provided herein,
any person or other entity which |
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1 | | provides coverage in this State for medical,
surgical, |
2 | | chiropractic, naturopathic, naprapathic, physical therapy, |
3 | | speech pathology,
audiology, professional mental health, |
4 | | dental, hospital, ophthalmologic, or
optometric expenses, |
5 | | whether such coverage is by direct-payment, reimbursement,
or |
6 | | otherwise, shall be presumed to be subject to the jurisdiction |
7 | | of the
Department unless the person or other entity shows that |
8 | | while providing such
coverage it is subject to the jurisdiction |
9 | | of another agency of this State,
any subdivision of this State, |
10 | | or the federal government, or is a plan of
self-insurance or |
11 | | other employee welfare benefit program of an individual
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12 | | employer or labor union established or maintained under or |
13 | | pursuant to a
collective bargaining agreement or other |
14 | | arrangement which provides for
health care services solely for |
15 | | its employees or members and their dependents.
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16 | | (Source: P.A. 90-7, eff. 6-10-97.)
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17 | | Section 20. The Medical Practice Act of 1987 is amended by |
18 | | changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, |
19 | | 22, 24, 33, and 34 as follows:
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20 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
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21 | | (Section scheduled to be repealed on December 31, 2017)
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22 | | Sec. 2. Definitions. For purposes of this Act, the
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23 | | following definitions shall have the following meanings,
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24 | | except where the context requires otherwise:
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1 | | "Act" means the Medical Practice Act of 1987.
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2 | | "Address of record" means the designated address recorded |
3 | | by the Department in the applicant's or licensee's application |
4 | | file or license file as maintained by the Department's |
5 | | licensure maintenance unit. It is the duty of the applicant or |
6 | | licensee to inform the Department of any change of address and |
7 | | those changes must be made either through the Department's |
8 | | website or by contacting the Department. |
9 | | "Approved naturopathic medical program" means a |
10 | | naturopathic medical education program accredited or granted |
11 | | candidacy status by the United States Council on Naturopathic |
12 | | Medical Education, or an equivalent federally recognized |
13 | | accrediting body for the naturopathic medical profession |
14 | | recognized by the Board, that offers graduate-level, |
15 | | full-time, didactic, and supervised clinical training of at |
16 | | least 4,200 hours in length leading to the degree of Doctor of |
17 | | Naturopathy or Doctor of Naturopathic Medicine and is part of |
18 | | an institution of higher education that is either accredited or |
19 | | is a candidate for accreditation by a regional institutional |
20 | | accrediting agency recognized by the United States Secretary of |
21 | | Education or eligible for student loans in Canada. |
22 | | "Chiropractic physician" means a person licensed to treat |
23 | | human ailments without the use of drugs and without operative |
24 | | surgery. Nothing in this Act shall be construed to prohibit a |
25 | | chiropractic physician from providing advice regarding the use |
26 | | of non-prescription products or from administering atmospheric |
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1 | | oxygen. Nothing in this Act shall be construed to authorize a |
2 | | chiropractic physician to prescribe drugs. |
3 | | "Department" means the Department of Financial and |
4 | | Professional Regulation.
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5 | | "Disciplinary Action" means revocation,
suspension, |
6 | | probation, supervision, practice modification,
reprimand, |
7 | | required education, fines or any other action
taken by the |
8 | | Department against a person holding a license.
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9 | | "Disciplinary Board" means the Medical Disciplinary
Board.
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10 | | "Final Determination" means the governing body's
final |
11 | | action taken under the procedure followed by a health
care |
12 | | institution, or professional association or society,
against |
13 | | any person licensed under the Act in accordance with
the bylaws |
14 | | or rules and regulations of such health care
institution, or |
15 | | professional association or society.
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16 | | "Fund" means the Medical Disciplinary Fund.
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17 | | "Impaired" means the inability to practice
medicine with |
18 | | reasonable skill and safety due to physical or
mental |
19 | | disabilities as evidenced by a written determination
or written |
20 | | consent based on clinical evidence including
deterioration |
21 | | through the aging process or loss of motor
skill, or abuse of |
22 | | drugs or alcohol, of sufficient degree to
diminish a person's |
23 | | ability to deliver competent patient
care.
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24 | | "Licensing Board" means the Medical Licensing Board.
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25 | | "Naturopathic physician" means a practitioner of |
26 | | naturopathic medicine who has been properly licensed for that |
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1 | | purpose by the Department under this Act. "Naturopathic |
2 | | physician" includes all titles and designations associated |
3 | | with the practice of naturopathic medicine, including, "doctor |
4 | | of naturopathic medicine", "doctor of naturopathy", |
5 | | "naturopathic doctor", "naturopath", "naturopathic medical |
6 | | doctor", "N.D.", "ND", "N.M.D.", and "NMD". |
7 | | "Physician" means a person licensed under the
Medical |
8 | | Practice Act to practice medicine in all of its
branches , a |
9 | | naturopathic physician, or a chiropractic physician.
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10 | | "Professional Association" means an association or
society |
11 | | of persons licensed under this Act, and operating
within the |
12 | | State of Illinois, including but not limited to,
medical |
13 | | societies, osteopathic organizations, naturopathic |
14 | | organizations, and
chiropractic organizations, but this term |
15 | | shall not be
deemed to include hospital medical staffs.
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16 | | "Program of Care, Counseling, or Treatment" means
a written |
17 | | schedule of organized treatment, care, counseling,
activities, |
18 | | or education, satisfactory to the Disciplinary
Board, designed |
19 | | for the purpose of restoring an impaired
person to a condition |
20 | | whereby the impaired person can
practice medicine with |
21 | | reasonable skill and safety of a
sufficient degree to deliver |
22 | | competent patient care.
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23 | | "Reinstate" means to change the status of a license from |
24 | | inactive or nonrenewed status to active status. |
25 | | "Restore" means to remove an encumbrance from a license due |
26 | | to probation, suspension, or revocation. |
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1 | | "Secretary" means the Secretary of the Department of |
2 | | Financial and Professional Regulation. |
3 | | (Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11; |
4 | | 98-1140, eff. 12-30-14 .)
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5 | | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
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6 | | (Section scheduled to be repealed on December 31, 2017)
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7 | | Sec. 7. Medical Disciplinary Board.
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8 | | (A) There is hereby created the Illinois
State Medical |
9 | | Disciplinary Board. The Disciplinary Board shall
consist of 12 |
10 | | 11 members, to be appointed by the Governor by and
with the |
11 | | advice and consent of the Senate. All members shall be
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12 | | residents of the State, not more than 7 6 of whom shall be
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13 | | members of the same political party. All members shall be |
14 | | voting members. Five members shall be
physicians licensed to |
15 | | practice medicine in all of its
branches in Illinois possessing |
16 | | the degree of doctor of
medicine. One member shall be a |
17 | | physician licensed to practice medicine in all its branches in |
18 | | Illinois possessing the degree of doctor of osteopathy or |
19 | | osteopathic medicine. One member shall be a chiropractic |
20 | | physician licensed to practice in Illinois and possessing the |
21 | | degree of doctor of chiropractic. One member shall be a |
22 | | naturopathic physician licensed to practice in Illinois and |
23 | | possessing the degree of naturopathic medicine. Four members |
24 | | shall be members of the public, who shall not
be engaged in any |
25 | | way, directly or indirectly, as providers
of health care.
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1 | | (B) Members of the Disciplinary Board shall be appointed
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2 | | for terms of 4 years. Upon the expiration of the term of
any |
3 | | member, their successor shall be appointed for a term of
4 |
4 | | years by the Governor by and with the advice and
consent of the |
5 | | Senate. The Governor shall fill any vacancy
for the remainder |
6 | | of the unexpired term with the
advice and consent of the |
7 | | Senate. Upon recommendation of
the Board, any member of the |
8 | | Disciplinary Board may be
removed by the Governor for |
9 | | misfeasance, malfeasance, or
wilful neglect of duty, after |
10 | | notice, and a public hearing,
unless such notice and hearing |
11 | | shall be expressly waived in
writing. Each member shall serve |
12 | | on the Disciplinary Board
until their successor is appointed |
13 | | and qualified. No member
of the Disciplinary Board shall serve |
14 | | more than 2
consecutive 4 year terms.
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15 | | In making appointments the Governor shall attempt to
insure |
16 | | that the various social and geographic regions of the
State of |
17 | | Illinois are properly represented.
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18 | | In making the designation of persons to act for the
several |
19 | | professions represented on the Disciplinary Board,
the |
20 | | Governor shall give due consideration to recommendations
by |
21 | | members of the respective professions and by
organizations |
22 | | therein.
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23 | | (C) The Disciplinary Board shall annually elect one of
its |
24 | | voting members as chairperson and one as vice
chairperson. No |
25 | | officer shall be elected more than twice
in succession to the |
26 | | same office. Each officer shall serve
until their successor has |
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1 | | been elected and qualified.
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2 | | (D) (Blank).
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3 | | (E) Six voting members of the Disciplinary Board, at least |
4 | | 4 of whom are physicians,
shall constitute a quorum. A vacancy |
5 | | in the membership of
the Disciplinary Board shall not impair |
6 | | the right of a
quorum to exercise all the rights and perform |
7 | | all the duties
of the Disciplinary Board. Any action taken by |
8 | | the
Disciplinary Board under this Act may be authorized by
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9 | | resolution at any regular or special meeting and each such
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10 | | resolution shall take effect immediately. The Disciplinary
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11 | | Board shall meet at least quarterly.
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12 | | (F) Each member, and member-officer, of the
Disciplinary |
13 | | Board shall receive a per diem stipend
as the
Secretary shall |
14 | | determine. Each member shall be paid their necessary
expenses |
15 | | while engaged in the performance of their duties.
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16 | | (G) The Secretary shall select a Chief Medical
Coordinator |
17 | | and not less than 2 Deputy Medical Coordinators
who shall not
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18 | | be members of the Disciplinary Board. Each medical
coordinator |
19 | | shall be a physician licensed to practice
medicine in all of |
20 | | its branches, and the Secretary shall set
their rates of |
21 | | compensation. The Secretary shall assign at least
one
medical
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22 | | coordinator to
a region composed of Cook County and
such other |
23 | | counties as the Secretary may deem appropriate,
and such |
24 | | medical coordinator or coordinators shall locate their office |
25 | | in
Chicago. The Secretary shall assign at least one medical
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26 | | coordinator to a region composed of the balance of counties
in |
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1 | | the State, and such medical coordinator or coordinators shall |
2 | | locate
their office in Springfield. The Chief Medical |
3 | | Coordinator shall be the chief enforcement officer of this Act. |
4 | | None of the functions, powers, or duties of the Department with |
5 | | respect to policies regarding enforcement or discipline under |
6 | | this Act, including the adoption of such rules as may be |
7 | | necessary for the administration of this Act, shall be |
8 | | exercised by the Department except upon review of the |
9 | | Disciplinary Board.
|
10 | | The Secretary shall employ, in conformity with the
|
11 | | Personnel Code, investigators who are college graduates with at |
12 | | least 2
years of investigative experience or one year of |
13 | | advanced medical
education. Upon the written request of the |
14 | | Disciplinary
Board, the Secretary shall employ, in conformity |
15 | | with the
Personnel Code, such other professional, technical,
|
16 | | investigative, and clerical help, either on a full or
part-time |
17 | | basis as the Disciplinary Board deems necessary
for the proper |
18 | | performance of its duties.
|
19 | | (H) Upon the specific request of the Disciplinary
Board, |
20 | | signed by either the chairperson, vice chairperson, or a
|
21 | | medical coordinator of the Disciplinary Board, the
Department |
22 | | of Human Services, the Department of Healthcare and Family |
23 | | Services, the
Department of State Police, or any other law |
24 | | enforcement agency located in this State shall make available |
25 | | any and all
information that they have in their possession |
26 | | regarding a
particular case then under investigation by the |
|
| | SB0708 | - 18 - | LRB100 06769 SMS 16811 b |
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|
1 | | Disciplinary
Board.
|
2 | | (I) Members of the Disciplinary Board shall be immune
from |
3 | | suit in any action based upon any disciplinary
proceedings or |
4 | | other acts performed in good faith as members
of the |
5 | | Disciplinary Board.
|
6 | | (J) The Disciplinary Board may compile and establish a
|
7 | | statewide roster of physicians and other medical
|
8 | | professionals, including the several medical specialties, of
|
9 | | such physicians and medical professionals, who have agreed
to |
10 | | serve from time to time as advisors to the medical
|
11 | | coordinators. Such advisors shall assist the medical
|
12 | | coordinators or the Disciplinary Board in their investigations |
13 | | and participation in
complaints against physicians. Such |
14 | | advisors shall serve
under contract and shall be reimbursed at |
15 | | a reasonable rate for the services
provided, plus reasonable |
16 | | expenses incurred.
While serving in this capacity, the advisor, |
17 | | for any act
undertaken in good faith and in the conduct of his |
18 | | or her duties
under this Section, shall be immune from civil |
19 | | suit.
|
20 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
21 | | (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
|
22 | | (Section scheduled to be repealed on December 31, 2017)
|
23 | | Sec. 8. Medical Licensing Board.
|
24 | | (A) There is hereby created a Medical
Licensing Board. The |
25 | | Licensing Board shall be composed
of 7 members, to be appointed |
|
| | SB0708 | - 19 - | LRB100 06769 SMS 16811 b |
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|
1 | | by the Governor by and with
the advice and consent of the |
2 | | Senate; 5 of whom shall be
reputable physicians licensed to |
3 | | practice medicine in all of
its branches in Illinois, |
4 | | possessing the degree of doctor of
medicine; one member shall |
5 | | be a reputable physician licensed
in Illinois to practice |
6 | | medicine in all of its branches,
possessing the degree of |
7 | | doctor of osteopathy or osteopathic medicine; one member shall |
8 | | be a reputable naturopathic physician licensed to practice in |
9 | | Illinois and possessing the degree of doctor of naturopathic |
10 | | medicine; and
one
member shall be a reputable chiropractic |
11 | | physician licensed to practice
in Illinois and possessing the |
12 | | degree of doctor of
chiropractic. Of the 5 members holding the |
13 | | degree of doctor
of medicine, one shall be a full-time or |
14 | | part-time teacher
of professorial rank in the clinical |
15 | | department of an
Illinois school of medicine.
|
16 | | (B) Members of the
Licensing Board shall be appointed for |
17 | | terms of 4 years, and until their successors are appointed and
|
18 | | qualified. Appointments to fill vacancies shall be made in
the |
19 | | same manner as original appointments, for the unexpired
portion |
20 | | of the vacated term. No more than 4 members of
the Licensing |
21 | | Board shall be members of the same political
party and all |
22 | | members shall be residents of this State. No
member of the |
23 | | Licensing Board may be appointed to more than
2 successive 4 |
24 | | year terms.
|
25 | | (C) Members of the Licensing Board shall be immune
from |
26 | | suit in any action based upon any licensing proceedings
or |
|
| | SB0708 | - 20 - | LRB100 06769 SMS 16811 b |
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|
1 | | other acts performed in good faith as members of the
Licensing |
2 | | Board.
|
3 | | (D) (Blank).
|
4 | | (E) The Licensing Board shall annually elect one of
its |
5 | | members as chairperson and one as vice chairperson. No member
|
6 | | shall be elected more than twice in succession to the same
|
7 | | office. Each officer shall serve until his or her successor has
|
8 | | been elected and qualified.
|
9 | | (F) None of the functions, powers or duties of the
|
10 | | Department with respect to policies regarding licensure and |
11 | | examination
under
this Act, including the promulgation of such |
12 | | rules as may be
necessary for the administration of this Act, |
13 | | shall be
exercised by the Department except upon review of the
|
14 | | Licensing Board.
|
15 | | (G) The Licensing Board shall receive the same
compensation |
16 | | as the members of the
Disciplinary Board, which compensation |
17 | | shall be paid out of
the Illinois State Medical Disciplinary |
18 | | Fund.
|
19 | | (Source: P.A. 97-622, eff. 11-23-11 .)
|
20 | | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
|
21 | | (Section scheduled to be repealed on December 31, 2017)
|
22 | | Sec. 9. Application for license. Each applicant for a |
23 | | license shall:
|
24 | | (A) Make application on blank forms prepared and
|
25 | | furnished by the Department.
|
|
| | SB0708 | - 21 - | LRB100 06769 SMS 16811 b |
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|
1 | | (B) Submit evidence satisfactory to the Department
|
2 | | that the applicant:
|
3 | | (1) is of good moral character. In determining |
4 | | moral
character under this Section, the Department may |
5 | | take into
consideration whether the applicant has |
6 | | engaged in conduct
or activities which would |
7 | | constitute grounds for discipline
under this Act. The |
8 | | Department may also request the
applicant to submit, |
9 | | and may consider as evidence of moral
character, |
10 | | endorsements from 2 or 3 individuals licensed
under |
11 | | this Act;
|
12 | | (2) has the preliminary and professional education
|
13 | | required by this Act;
|
14 | | (3) (blank); and
|
15 | | (4) is physically, mentally, and professionally |
16 | | capable
of practicing medicine with reasonable |
17 | | judgment, skill, and
safety. In determining physical |
18 | | and mental
capacity under this Section, the Licensing |
19 | | Board
may, upon a showing of a possible incapacity or |
20 | | conduct or activities that would constitute grounds |
21 | | for discipline under this Act, compel any
applicant to |
22 | | submit to a mental or physical examination and |
23 | | evaluation, or
both, as provided for in Section 22 of |
24 | | this Act. The Licensing Board may condition or restrict |
25 | | any
license, subject to the same terms and conditions |
26 | | as are
provided for the Disciplinary Board under |
|
| | SB0708 | - 22 - | LRB100 06769 SMS 16811 b |
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|
1 | | Section 22
of this Act. Any such condition of a |
2 | | restricted license
shall provide that the Chief |
3 | | Medical Coordinator or Deputy
Medical Coordinator |
4 | | shall have the authority to review the
subject |
5 | | physician's compliance with such conditions or
|
6 | | restrictions, including, where appropriate, the |
7 | | physician's
record of treatment and counseling |
8 | | regarding the impairment,
to the extent permitted by |
9 | | applicable federal statutes and
regulations |
10 | | safeguarding the confidentiality of medical
records of |
11 | | patients.
|
12 | | In determining professional capacity under this
|
13 | | Section, an individual may be required to
complete such |
14 | | additional testing, training, or remedial
education as the |
15 | | Licensing Board may deem necessary in order
to establish |
16 | | the applicant's present capacity to practice
medicine with |
17 | | reasonable judgment, skill, and safety. The Licensing |
18 | | Board may consider the following criteria, as they relate |
19 | | to an applicant, as part of its determination of |
20 | | professional capacity:
|
21 | | (1) Medical research in an established research |
22 | | facility, hospital, college or university, or private |
23 | | corporation. |
24 | | (2) Specialized training or education. |
25 | | (3) Publication of original work in learned, |
26 | | medical, or scientific journals. |
|
| | SB0708 | - 23 - | LRB100 06769 SMS 16811 b |
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|
1 | | (4) Participation in federal, State, local, or |
2 | | international public health programs or organizations. |
3 | | (5) Professional service in a federal veterans or |
4 | | military institution. |
5 | | (6) Any other professional activities deemed to |
6 | | maintain and enhance the clinical capabilities of the |
7 | | applicant. |
8 | | Any applicant applying for a license to practice |
9 | | medicine in all of its branches , for a license as a |
10 | | naturopathic physician, or for a license as a chiropractic |
11 | | physician who has not been engaged in the active practice |
12 | | of medicine or has not been enrolled in a medical program |
13 | | for 2 years prior to application must submit proof of |
14 | | professional capacity to the Licensing Board. |
15 | | Any applicant applying for a temporary license that has |
16 | | not been engaged in the active practice of medicine or has |
17 | | not been enrolled in a medical program for longer than 5 |
18 | | years prior to application must submit proof of |
19 | | professional capacity to the Licensing Board. |
20 | | (C) Designate specifically the name, location, and
|
21 | | kind of professional school, college, or institution of
|
22 | | which the applicant is a graduate and the category under
|
23 | | which the applicant seeks, and will undertake, to practice.
|
24 | | (D) Pay to the Department at the time of application
|
25 | | the required fees.
|
26 | | (E) Pursuant to Department rules, as required, pass an
|
|
| | SB0708 | - 24 - | LRB100 06769 SMS 16811 b |
|
|
1 | | examination authorized by the Department to determine
the |
2 | | applicant's fitness to receive a license.
|
3 | | (F) Complete the application process within 3 years |
4 | | from the date of
application. If the process has not been |
5 | | completed within 3 years, the
application shall expire, |
6 | | application fees shall be forfeited, and the
applicant
must |
7 | | reapply and meet the requirements in effect at the time of
|
8 | | reapplication.
|
9 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
10 | | (225 ILCS 60/10) (from Ch. 111, par. 4400-10)
|
11 | | (Section scheduled to be repealed on December 31, 2017)
|
12 | | Sec. 10. The Department shall:
|
13 | | (A) Make rules for establishing reasonable minimum
|
14 | | standards of educational requirements to be observed by
|
15 | | medical, osteopathic , naturopathic, and chiropractic |
16 | | colleges;
|
17 | | (B) Effectuate the policy of the State of Illinois that |
18 | | the quality of
medical training is an appropriate concern |
19 | | in the recruiting, licensing,
credentialing and |
20 | | participation in residency programs of physicians.
|
21 | | However, it is inappropriate to discriminate against any |
22 | | physician because
of national origin or geographic |
23 | | location of medical education;
|
24 | | (C) Formulate rules and regulations required for the
|
25 | | administration of this Act.
|
|
| | SB0708 | - 25 - | LRB100 06769 SMS 16811 b |
|
|
1 | | (Source: P.A. 86-573 .)
|
2 | | (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
|
3 | | (Section scheduled to be repealed on December 31, 2017)
|
4 | | Sec. 11. Minimum education standards. The minimum |
5 | | standards of
professional
education to be enforced by the |
6 | | Department in conducting
examinations and issuing licenses |
7 | | shall be as follows:
|
8 | | (A) Practice of medicine. For the practice of
medicine |
9 | | in all of its branches:
|
10 | | (1) For applications for licensure under |
11 | | subsection (D) of Section 19
of this Act:
|
12 | | (a) that the applicant is a graduate of a |
13 | | medical or
osteopathic college in the United |
14 | | States, its territories or
Canada, that the |
15 | | applicant has completed a 2 year course of |
16 | | instruction in a
college of liberal arts, or its |
17 | | equivalent, and a course of
instruction in a |
18 | | medical or osteopathic college approved by
the |
19 | | Department or by a private, not for profit |
20 | | accrediting
body approved by the Department, and |
21 | | in addition thereto, a
course of postgraduate |
22 | | clinical training of not less than 12
months as |
23 | | approved by the Department; or
|
24 | | (b) that the applicant is a graduate of a |
25 | | medical or
osteopathic college located outside the |
|
| | SB0708 | - 26 - | LRB100 06769 SMS 16811 b |
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|
1 | | United States, its
territories or Canada, and that |
2 | | the degree conferred is
officially recognized by |
3 | | the country for the purposes of
licensure, that the |
4 | | applicant has completed a 2 year course of |
5 | | instruction in a
college of liberal arts or its |
6 | | equivalent, and a course of
instruction in a |
7 | | medical or osteopathic college approved by
the |
8 | | Department, which course shall have been not less |
9 | | than
132 weeks in duration and shall have been |
10 | | completed within a
period of not less than 35 |
11 | | months, and, in addition thereto,
has completed a |
12 | | course of postgraduate clinical training of not |
13 | | less than
12 months, as approved by the Department, |
14 | | and has complied with any other
standards |
15 | | established by rule.
|
16 | | For the purposes of this subparagraph (b) an |
17 | | applicant
is considered to be a graduate of a |
18 | | medical college if the
degree which is conferred is |
19 | | officially recognized by that
country for the |
20 | | purposes of receiving a license to practice
|
21 | | medicine in all of its branches or a document is |
22 | | granted by
the medical college which certifies the |
23 | | completion of all
formal training requirements |
24 | | including any internship and
social service; or
|
25 | | (c) that the applicant has studied medicine at |
26 | | a
medical or osteopathic college located outside |
|
| | SB0708 | - 27 - | LRB100 06769 SMS 16811 b |
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|
1 | | the United
States, its territories, or Canada, |
2 | | that the applicant has
completed a 2 year course of
|
3 | | instruction in a college of liberal arts or its |
4 | | equivalent
and all of the formal requirements of a |
5 | | foreign medical
school except internship and |
6 | | social service, which course
shall have been not |
7 | | less than 132 weeks in duration and
shall have been |
8 | | completed within a period of not less than
35 |
9 | | months; that the applicant has submitted an |
10 | | application
to a medical college accredited by the |
11 | | Liaison Committee on
Medical Education and |
12 | | submitted to such evaluation
procedures, including |
13 | | use of nationally recognized medical
student tests |
14 | | or tests devised by the individual medical
|
15 | | college, and that the applicant has satisfactorily |
16 | | completed
one academic year of supervised clinical |
17 | | training under the
direction of such medical |
18 | | college; and, in addition thereto
has completed a |
19 | | course of postgraduate clinical training of
not |
20 | | less than 12 months, as approved by the Department, |
21 | | and has
complied
with
any other standards |
22 | | established by rule.
|
23 | | (d) Any clinical clerkships must have been |
24 | | completed
in compliance with Section 10.3 of the |
25 | | Hospital Licensing
Act, as amended.
|
26 | | (2) Effective January 1, 1988, for applications |
|
| | SB0708 | - 28 - | LRB100 06769 SMS 16811 b |
|
|
1 | | for
licensure made subsequent to January 1, 1988, under |
2 | | Sections
9 or 17 of this Act by individuals not |
3 | | described in paragraph (3) of
subsection (A) of Section |
4 | | 11 who graduated after December
31, 1984:
|
5 | | (a) that the applicant: (i) graduated from a |
6 | | medical
or osteopathic college officially |
7 | | recognized by the
jurisdiction in which it is |
8 | | located for the purpose of
receiving a license to |
9 | | practice medicine in all of its
branches, and the |
10 | | applicant has completed, as defined by the
|
11 | | Department, a 6 year postsecondary course of study
|
12 | | comprising at least 2 academic years of study in |
13 | | the basic
medical sciences; and 2 academic years of |
14 | | study in the
clinical sciences, while enrolled in |
15 | | the medical college
which conferred the degree, |
16 | | the core rotations of which must
have been |
17 | | completed in clinical teaching facilities owned,
|
18 | | operated or formally affiliated with the medical |
19 | | college
which conferred the degree, or under |
20 | | contract in teaching
facilities owned, operated or |
21 | | affiliated with another
medical college which is |
22 | | officially recognized by the
jurisdiction in which |
23 | | the medical school which conferred the
degree is |
24 | | located; or (ii) graduated from a medical or
|
25 | | osteopathic college accredited by the Liaison |
26 | | Committee on
Medical Education, the Committee on |
|
| | SB0708 | - 29 - | LRB100 06769 SMS 16811 b |
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|
1 | | Accreditation of
Canadian Medical Schools in |
2 | | conjunction with the Liaison
Committee on Medical |
3 | | Education, or the Bureau of Professional Education |
4 | | of
the American Osteopathic
Association; and, |
5 | | (iii) in addition
thereto, has completed 24 months |
6 | | of postgraduate clinical
training, as approved by |
7 | | the
Department; or
|
8 | | (b) that the applicant has studied medicine at |
9 | | a
medical or osteopathic college located outside |
10 | | the United
States, its territories, or Canada, |
11 | | that the applicant, in
addition to satisfying the |
12 | | requirements of subparagraph (a),
except for the |
13 | | awarding of a degree, has completed all of
the |
14 | | formal requirements of a foreign medical school |
15 | | except
internship and social service and has |
16 | | submitted an
application to a medical college |
17 | | accredited by the Liaison
Committee on Medical |
18 | | Education and submitted to such
evaluation |
19 | | procedures, including use of nationally
recognized |
20 | | medical student tests or tests devised by the
|
21 | | individual medical college, and that the applicant |
22 | | has
satisfactorily completed one academic year of |
23 | | supervised
clinical training under the direction |
24 | | of such medical
college; and, in addition thereto, |
25 | | has completed 24 months of
postgraduate clinical |
26 | | training, as
approved by the Department, and has |
|
| | SB0708 | - 30 - | LRB100 06769 SMS 16811 b |
|
|
1 | | complied with any other standards
established by |
2 | | rule.
|
3 | | (3) (Blank).
|
4 | | (4) Any person granted a temporary license |
5 | | pursuant to Section 17 of
this Act who shall |
6 | | satisfactorily complete a course of postgraduate |
7 | | clinical
training and meet all of the requirements for |
8 | | licensure shall be granted a
permanent license |
9 | | pursuant to Section 9.
|
10 | | (5) Notwithstanding any other provision of this
|
11 | | Section an individual holding a temporary license |
12 | | under
Section 17 of this Act shall be required to |
13 | | satisfy the
undergraduate medical and post-graduate |
14 | | clinical training educational
requirements in effect |
15 | | on
the date of their application for a temporary |
16 | | license,
provided they apply for a license under |
17 | | Section 9 of this
Act and satisfy all other |
18 | | requirements of this Section while
their temporary |
19 | | license is in effect.
|
20 | | (B) Treating human ailments without drugs and without
|
21 | | operative surgery. For the practice of treating human
|
22 | | ailments without the use of drugs and without operative
|
23 | | surgery:
|
24 | | (1) For an applicant who was a resident student and
|
25 | | who is a graduate after July 1, 1926, of a chiropractic
|
26 | | college or institution, that such school, college or
|
|
| | SB0708 | - 31 - | LRB100 06769 SMS 16811 b |
|
|
1 | | institution, at the time of the applicant's graduation
|
2 | | required as a prerequisite to admission thereto a 4 |
3 | | year
course of instruction in a high school, and, as a
|
4 | | prerequisite to graduation therefrom, a course of
|
5 | | instruction in the treatment of human ailments, of not |
6 | | less
than 132 weeks in duration and which shall have |
7 | | been
completed within a period of not less than 35 |
8 | | months except
that as to students matriculating or |
9 | | entering upon a course
of chiropractic study during the |
10 | | years 1940, 1941, 1942,
1943, 1944, 1945, 1946, and |
11 | | 1947, such elapsed time
shall be not less than 32 |
12 | | months, such high school and such
school, college or |
13 | | institution having been reputable and in
good standing |
14 | | in the judgment of the Department.
|
15 | | (2) For an applicant who is a matriculant in a
|
16 | | chiropractic college after September 1, 1969, that |
17 | | such
applicant shall be required to complete a 2 year |
18 | | course
of instruction in a liberal arts college or its |
19 | | equivalent and a course of instruction in a |
20 | | chiropractic
college in the treatment of human |
21 | | ailments, such course, as
a prerequisite to graduation |
22 | | therefrom, having been not less
than 132 weeks in |
23 | | duration and shall have been completed
within a period |
24 | | of not less than 35 months, such college of
liberal |
25 | | arts and chiropractic college having been reputable
|
26 | | and in good standing in the judgment of the Department.
|
|
| | SB0708 | - 32 - | LRB100 06769 SMS 16811 b |
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|
1 | | (3) For an applicant who is a graduate of a United
|
2 | | States chiropractic college after August 19, 1981, the
|
3 | | college of the applicant must be fully accredited by |
4 | | the
Commission on Accreditation of the Council on |
5 | | Chiropractic
Education or its successor at the time of |
6 | | graduation. Such
graduates shall be considered to have |
7 | | met the minimum
requirements which shall be in addition |
8 | | to those
requirements set forth in the rules and |
9 | | regulations
promulgated by the Department.
|
10 | | (4) For an applicant who is a graduate of a
|
11 | | chiropractic college in another country; that such
|
12 | | chiropractic college be equivalent to the standards of
|
13 | | education as set forth for chiropractic colleges |
14 | | located in
the United States.
|
15 | | (C) Practice of naturopathic medicine. For the |
16 | | practice of naturopathic medicine: |
17 | | (1) For an applicant who is a graduate of an |
18 | | approved naturopathic medical program, in accordance |
19 | | with this Act, that he or she has successfully |
20 | | completed a competency-based national naturopathic |
21 | | licensing examination administered by the North |
22 | | American Board of Naturopathic Examiners or an |
23 | | equivalent agency, as recognized by the Department. |
24 | | (2) For an applicant who is a graduate of a |
25 | | degree-granting approved naturopathic medical program |
26 | | prior to 1986, evidence of successful passage of a |
|
| | SB0708 | - 33 - | LRB100 06769 SMS 16811 b |
|
|
1 | | State competency examination in a licensed state or a |
2 | | Canadian provincial examination in a licensed or |
3 | | regulated province approved by the Department in lieu |
4 | | of passage of a national licensing examination. |
5 | | (Source: P.A. 97-622, eff. 11-23-11 .)
|
6 | | (225 ILCS 60/14) (from Ch. 111, par. 4400-14)
|
7 | | (Section scheduled to be repealed on December 31, 2017)
|
8 | | Sec. 14. Chiropractic students and naturopathic medicine |
9 | | students . |
10 | | (a) Candidates for the degree of doctor of
chiropractic |
11 | | enrolled in a chiropractic college, accredited by the Council |
12 | | on
Chiropractic Education, may practice under the direct, |
13 | | on-premises supervision
of a chiropractic physician who is a |
14 | | member of the faculty of an
accredited chiropractic college.
|
15 | | (b) Candidates for the degree of doctor of
naturopathic |
16 | | medicine enrolled in a naturopathic college, accredited by the |
17 | | United States Council on Naturopathic Medical Education, may |
18 | | practice under the direct, on-premises supervision
of a |
19 | | naturopathic physician who is a member of the faculty of an
|
20 | | accredited naturopathic college. |
21 | | (Source: P.A. 97-622, eff. 11-23-11 .)
|
22 | | (225 ILCS 60/15) (from Ch. 111, par. 4400-15)
|
23 | | (Section scheduled to be repealed on December 31, 2017)
|
24 | | Sec. 15. Chiropractic and naturopathic physician; license |
|
| | SB0708 | - 34 - | LRB100 06769 SMS 16811 b |
|
|
1 | | for general practice. Any chiropractic or naturopathic |
2 | | physician licensed under this
Act shall be permitted to take |
3 | | the
examination for licensure as a physician to practice |
4 | | medicine in
all its branches and
shall receive a license to |
5 | | practice medicine in all of its
branches if he or she shall |
6 | | successfully pass such
examination, upon proof of having |
7 | | successfully completed in
a medical college, osteopathic |
8 | | college , naturopathic college, or chiropractic
college |
9 | | reputable and in good standing in the judgment of
the |
10 | | Department, courses of instruction in materia medica,
|
11 | | therapeutics, surgery, obstetrics, and theory and practice
|
12 | | deemed by the Department to be equal to the courses of
|
13 | | instruction required in those subjects for admission to the
|
14 | | examination for a license to practice medicine in all of its
|
15 | | branches, together with proof of having completed (a) the
2 |
16 | | year course of instruction in a college of liberal
arts, or its |
17 | | equivalent, required under this Act, and (b) a
course of |
18 | | postgraduate clinical training of not less than 24
months as |
19 | | approved by the Department.
|
20 | | (Source: P.A. 97-622, eff. 11-23-11 .)
|
21 | | (225 ILCS 60/16) (from Ch. 111, par. 4400-16)
|
22 | | (Section scheduled to be repealed on December 31, 2017)
|
23 | | Sec. 16. Ineligibility for examination. Any person who |
24 | | shall fail any
examination
for licensure as a medical doctor, |
25 | | doctor of osteopathy or osteopathic
medicine, doctor of |
|
| | SB0708 | - 35 - | LRB100 06769 SMS 16811 b |
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|
1 | | naturopathic medicine, or
doctor of chiropractic in this or any |
2 | | other jurisdiction a
total of 5 times shall thereafter be |
3 | | ineligible for further
examinations until such time as such |
4 | | person shall submit to
the Department evidence of further |
5 | | formal professional study, as required by
rule of the |
6 | | Department,
in an accredited institution.
|
7 | | (Source: P.A. 89-702, eff. 7-1-97 .)
|
8 | | (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
|
9 | | (Section scheduled to be repealed on December 31, 2017)
|
10 | | Sec. 17. Temporary license. Persons holding the degree of |
11 | | Doctor of
Medicine, persons
holding the degree of Doctor of
|
12 | | Osteopathy or Doctor of Osteopathic Medicine, persons holding |
13 | | the degree of Doctor of Naturopathic Medicine, and persons |
14 | | holding the degree
of Doctor of Chiropractic or persons who |
15 | | have satisfied
the requirements
therefor and are eligible to |
16 | | receive such degree from
a medical, osteopathic, naturopathic, |
17 | | or chiropractic school, who wish to
pursue programs
of graduate |
18 | | or specialty training in this State, may receive
without |
19 | | examination, in the discretion of the Department, a
3-year |
20 | | temporary license. In order to receive a 3-year
temporary |
21 | | license hereunder, an applicant shall submit evidence
|
22 | | satisfactory to the Department that the applicant:
|
23 | | (A) Is of good moral character. In determining moral
|
24 | | character under this Section, the Department may take into
|
25 | | consideration whether the applicant has engaged in conduct
|
|
| | SB0708 | - 36 - | LRB100 06769 SMS 16811 b |
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|
1 | | or activities which would constitute grounds for |
2 | | discipline
under this Act. The Department may also request |
3 | | the
applicant to submit, and may consider as evidence of |
4 | | moral
character, endorsements from 2 or 3 individuals |
5 | | licensed
under this Act;
|
6 | | (B) Has been accepted or appointed for specialty or
|
7 | | residency training by a hospital situated in this State or |
8 | | a
training program in hospitals or facilities maintained by
|
9 | | the State of Illinois or affiliated training facilities
|
10 | | which is approved by the Department for the purpose of such
|
11 | | training under this Act. The applicant shall indicate the
|
12 | | beginning and ending dates of the period for which the
|
13 | | applicant has been accepted or appointed;
|
14 | | (C) Has or will satisfy the professional education
|
15 | | requirements of Section 11 of this Act which are effective
|
16 | | at the date of application except for postgraduate clinical
|
17 | | training;
|
18 | | (D) Is physically, mentally, and professionally |
19 | | capable
of practicing medicine or treating human ailments |
20 | | without the use of drugs and without
operative surgery with |
21 | | reasonable judgment, skill, and
safety. In determining |
22 | | physical, mental and professional
capacity under this |
23 | | Section, the Licensing Board
may, upon a showing of a |
24 | | possible incapacity, compel an
applicant to submit to a |
25 | | mental or physical examination and evaluation, or
both, and |
26 | | may condition or restrict any temporary license,
subject to |
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| | SB0708 | - 37 - | LRB100 06769 SMS 16811 b |
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|
1 | | the same terms and conditions as are provided for
the |
2 | | Disciplinary Board under Section 22 of this Act.
Any such |
3 | | condition of restricted temporary license shall
provide |
4 | | that the Chief Medical Coordinator or Deputy Medical
|
5 | | Coordinator shall have the authority to review the subject
|
6 | | physician's compliance with such conditions or |
7 | | restrictions,
including, where appropriate, the |
8 | | physician's record of
treatment and counseling regarding |
9 | | the impairment, to the
extent permitted by applicable |
10 | | federal statutes and
regulations safeguarding the |
11 | | confidentiality of medical
records of patients.
|
12 | | Three-year temporary licenses issued pursuant to this
|
13 | | Section shall be valid only for the period of time
designated |
14 | | therein, and may be extended or renewed pursuant
to the rules |
15 | | of the Department, and if a temporary license
is thereafter |
16 | | extended, it shall not extend beyond
completion of the |
17 | | residency program. The holder of a valid
3-year temporary |
18 | | license shall be entitled thereby to
perform only such acts as |
19 | | may be prescribed by and
incidental to his or her program of |
20 | | residency training; he or she
shall not be entitled to |
21 | | otherwise engage in the practice of
medicine in this State |
22 | | unless fully licensed in this State.
|
23 | | A 3-year temporary license may be revoked or suspended by |
24 | | the
Department upon proof that the holder thereof has engaged |
25 | | in
the practice of medicine in this State outside of the
|
26 | | program of his or her residency or specialty training, or if |
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| | SB0708 | - 38 - | LRB100 06769 SMS 16811 b |
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|
1 | | the
holder shall fail to supply the Department, within 10 days
|
2 | | of its request, with information as to his or her current |
3 | | status
and activities in his or her specialty training program. |
4 | | Such a revocation or suspension shall comply with the |
5 | | procedures set forth in subsection (d) of Section 37 of this |
6 | | Act.
|
7 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
8 | | (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
|
9 | | (Section scheduled to be repealed on December 31, 2017)
|
10 | | Sec. 18. Visiting professor, physician, or resident |
11 | | permits.
|
12 | | (A) Visiting professor permit.
|
13 | | (1) A visiting professor permit shall
entitle a person |
14 | | to practice medicine in all of its branches
or to practice |
15 | | the treatment of human ailments without the
use of drugs |
16 | | and without operative surgery provided:
|
17 | | (a) the person maintains an equivalent |
18 | | authorization
to practice medicine in all of its |
19 | | branches or to practice
the treatment of human ailments |
20 | | without the use of drugs
and without operative surgery |
21 | | in good standing in his or her
native licensing |
22 | | jurisdiction during the period of the
visiting |
23 | | professor permit;
|
24 | | (b) the person has received a faculty appointment |
25 | | to
teach in a medical, osteopathic , naturopathic, or |
|
| | SB0708 | - 39 - | LRB100 06769 SMS 16811 b |
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|
1 | | chiropractic school in
Illinois; and
|
2 | | (c) the Department may prescribe the information |
3 | | necessary to
establish
an applicant's eligibility for |
4 | | a permit. This information shall include
without |
5 | | limitation (i) a statement from the dean of the medical |
6 | | school at which
the
applicant will be employed |
7 | | describing the applicant's qualifications and (ii)
a |
8 | | statement from the dean of the medical school listing |
9 | | every affiliated
institution in which the applicant |
10 | | will be providing instruction as part of the
medical |
11 | | school's education program and justifying any clinical |
12 | | activities at
each of the institutions listed by the |
13 | | dean.
|
14 | | (2) Application for visiting professor permits shall
|
15 | | be made to the Department, in writing, on forms prescribed
|
16 | | by the Department and shall be accompanied by the required
|
17 | | fee established by rule, which shall not be refundable. Any |
18 | | application
shall require the information as, in the |
19 | | judgment of the Department, will
enable the Department to |
20 | | pass on the qualifications of the applicant.
|
21 | | (3) A visiting professor permit shall be valid for no |
22 | | longer than 2
years from the date of issuance or until the |
23 | | time the
faculty appointment is terminated, whichever |
24 | | occurs first,
and may be renewed only in accordance with |
25 | | subdivision (A)(6) of this
Section.
|
26 | | (4) The applicant may be required to appear before the
|
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| | SB0708 | - 40 - | LRB100 06769 SMS 16811 b |
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|
1 | | Licensing Board for an interview prior to, and as a
|
2 | | requirement for, the issuance of the original permit and |
3 | | the
renewal.
|
4 | | (5) Persons holding a permit under this Section shall
|
5 | | only practice medicine in all of its branches or practice
|
6 | | the treatment of human ailments without the use of drugs
|
7 | | and without operative surgery in the State of Illinois in
|
8 | | their official capacity under their contract
within the |
9 | | medical school itself and any affiliated institution in |
10 | | which the
permit holder is providing instruction as part of |
11 | | the medical school's
educational program and for which the |
12 | | medical school has assumed direct
responsibility.
|
13 | | (6) After the initial renewal of a visiting professor |
14 | | permit, a visiting professor permit shall be valid until |
15 | | the last day of the
next physician license renewal period, |
16 | | as set by rule, and may only be
renewed for applicants who |
17 | | meet the following requirements:
|
18 | | (i) have obtained the required continuing |
19 | | education hours as set by
rule; and
|
20 | | (ii) have paid the fee prescribed for a license |
21 | | under Section 21 of this
Act.
|
22 | | For initial renewal, the visiting professor must |
23 | | successfully pass a
general competency examination authorized |
24 | | by the Department by rule, unless he or she was issued an |
25 | | initial visiting professor permit on or after January 1, 2007, |
26 | | but prior to July 1, 2007.
|
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| | SB0708 | - 41 - | LRB100 06769 SMS 16811 b |
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|
1 | | (B) Visiting physician permit.
|
2 | | (1) The Department may, in its discretion, issue a |
3 | | temporary visiting
physician permit, without examination, |
4 | | provided:
|
5 | | (a) (blank);
|
6 | | (b) that the person maintains an equivalent |
7 | | authorization to practice
medicine in all of its |
8 | | branches or to practice the treatment of human
ailments |
9 | | without the use of drugs and without operative surgery |
10 | | in good
standing in his or her native licensing |
11 | | jurisdiction during the period of the
temporary |
12 | | visiting physician permit;
|
13 | | (c) that the person has received an invitation or |
14 | | appointment to study,
demonstrate, or perform a
|
15 | | specific medical, osteopathic, naturopathic, |
16 | | chiropractic , or clinical subject or
technique in a |
17 | | medical, osteopathic, naturopathic, or chiropractic |
18 | | school, a state or national medical, osteopathic, |
19 | | naturopathic, or chiropractic professional association |
20 | | or society conference or meeting, a hospital
licensed |
21 | | under the Hospital Licensing Act, a hospital organized
|
22 | | under the University of Illinois Hospital Act, or a |
23 | | facility operated
pursuant to the Ambulatory Surgical |
24 | | Treatment Center Act; and
|
25 | | (d) that the temporary visiting physician permit |
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| | SB0708 | - 42 - | LRB100 06769 SMS 16811 b |
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|
1 | | shall only permit the
holder to practice medicine in |
2 | | all of its branches or practice the
treatment of human |
3 | | ailments without the use of drugs and without operative
|
4 | | surgery within the scope of the medical, osteopathic, |
5 | | naturopathic, chiropractic, or
clinical studies, or in |
6 | | conjunction with the state or national medical, |
7 | | osteopathic, naturopathic, or chiropractic |
8 | | professional association or society conference or |
9 | | meeting, for which the holder was invited or appointed.
|
10 | | (2) The application for the temporary visiting |
11 | | physician permit shall be
made to the Department, in |
12 | | writing, on forms prescribed by the
Department, and shall |
13 | | be accompanied by the required fee established by
rule, |
14 | | which shall not be refundable. The application shall |
15 | | require
information that, in the judgment of the |
16 | | Department, will enable the
Department to pass on the |
17 | | qualification of the applicant, and the necessity
for the |
18 | | granting of a temporary visiting physician permit.
|
19 | | (3) A temporary visiting physician permit shall be |
20 | | valid for no longer than (i) 180
days
from the date of |
21 | | issuance or (ii) until the time the medical, osteopathic,
|
22 | | chiropractic, naturopathic, or clinical studies are |
23 | | completed, or the state or national medical, osteopathic, |
24 | | naturopathic, or chiropractic professional association or |
25 | | society conference or meeting has concluded, whichever |
26 | | occurs first. The temporary visiting physician permit may |
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| | SB0708 | - 43 - | LRB100 06769 SMS 16811 b |
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|
1 | | be issued multiple times to a visiting physician under this |
2 | | paragraph (3) as long as the total number of days it is |
3 | | active do not exceed 180 days within a 365-day period.
|
4 | | (4) The applicant for a temporary visiting physician |
5 | | permit may be
required to appear before the Licensing Board |
6 | | for an interview
prior to, and as a requirement for, the |
7 | | issuance of a temporary visiting
physician permit.
|
8 | | (5) A limited temporary visiting physician permit |
9 | | shall be issued to a
physician licensed in another state |
10 | | who has been requested to perform emergency
procedures in |
11 | | Illinois if he or she meets the requirements as established |
12 | | by
rule.
|
13 | | (C) Visiting resident permit.
|
14 | | (1) The Department may, in its discretion, issue a |
15 | | temporary visiting
resident permit, without examination, |
16 | | provided:
|
17 | | (a) (blank);
|
18 | | (b) that the person maintains an equivalent |
19 | | authorization to practice
medicine in all of its |
20 | | branches or to practice the treatment of human
ailments |
21 | | without the use of drugs and without operative surgery |
22 | | in good
standing in his or her native licensing |
23 | | jurisdiction during the period of
the temporary |
24 | | visiting resident permit;
|
25 | | (c) that the applicant is enrolled in a |
|
| | SB0708 | - 44 - | LRB100 06769 SMS 16811 b |
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|
1 | | postgraduate clinical training
program outside the |
2 | | State of Illinois that is approved by the Department;
|
3 | | (d) that the individual has been invited or |
4 | | appointed for a specific
period of time to perform a |
5 | | portion of that post graduate clinical training
|
6 | | program under the supervision of an Illinois licensed |
7 | | physician in an
Illinois patient care clinic or |
8 | | facility that is affiliated with the
out-of-State post |
9 | | graduate training program; and
|
10 | | (e) that the temporary visiting resident permit |
11 | | shall only permit the
holder to practice medicine in |
12 | | all of its branches or practice the
treatment of human |
13 | | ailments without the use of drugs and without operative
|
14 | | surgery within the scope of the medical, osteopathic, |
15 | | naturopathic, chiropractic , or
clinical studies for |
16 | | which the holder was invited or appointed.
|
17 | | (2) The application for the temporary visiting |
18 | | resident permit shall be
made to the Department, in |
19 | | writing, on forms prescribed by the Department,
and shall |
20 | | be accompanied by the required fee established by rule. The
|
21 | | application shall require information that, in the |
22 | | judgment of the
Department, will enable the Department to |
23 | | pass on the qualifications of
the applicant.
|
24 | | (3) A temporary visiting resident permit shall be valid |
25 | | for 180 days from
the date of issuance or until the time |
26 | | the medical, osteopathic, naturopathic,
chiropractic, or |
|
| | SB0708 | - 45 - | LRB100 06769 SMS 16811 b |
|
|
1 | | clinical studies are completed, whichever occurs first.
|
2 | | (4) The applicant for a temporary visiting resident |
3 | | permit may be
required to appear before the Licensing Board |
4 | | for an interview
prior to, and as a requirement for, the |
5 | | issuance of a temporary visiting
resident permit.
|
6 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
7 | | (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
|
8 | | (Section scheduled to be repealed on December 31, 2017)
|
9 | | Sec. 19. Licensure by endorsement. The Department may, in |
10 | | its
discretion,
issue a license by endorsement to any person |
11 | | who is currently licensed
to practice medicine in all of its |
12 | | branches, a naturopathic physician,
or a chiropractic |
13 | | physician, in any other state,
territory, country or province, |
14 | | upon the following
conditions and submitting evidence |
15 | | satisfactory to the Department of the following:
|
16 | | (A) (Blank);
|
17 | | (B) That the applicant is of good moral character. In
|
18 | | determining moral character under this Section, the
|
19 | | Department may take into consideration whether the |
20 | | applicant
has engaged in conduct or activities which would |
21 | | constitute
grounds for discipline under this Act. The |
22 | | Department may
also request the applicant to submit, and |
23 | | may consider as
evidence of moral character, endorsements |
24 | | from 2 or 3
individuals licensed under this Act;
|
25 | | (C) That the applicant is physically, mentally and
|
|
| | SB0708 | - 46 - | LRB100 06769 SMS 16811 b |
|
|
1 | | professionally capable of practicing medicine with
|
2 | | reasonable judgment, skill and safety. In determining
|
3 | | physical, mental and professional capacity under this
|
4 | | Section the Licensing Board may, upon a showing of
a |
5 | | possible incapacity, compel an applicant to submit to a
|
6 | | mental or physical examination and evaluation, or both, in |
7 | | the same manner as provided in Section 22 and may condition
|
8 | | or restrict any license, subject to the same terms and
|
9 | | conditions as are provided for the Disciplinary
Board under |
10 | | Section 22 of this Act.
|
11 | | (D) That if the applicant seeks to practice medicine
in |
12 | | all of its branches:
|
13 | | (1) if the applicant was licensed in another |
14 | | jurisdiction prior to
January
1,
1988, that the |
15 | | applicant has satisfied the educational
requirements |
16 | | of paragraph (1) of subsection (A) or paragraph (2) of
|
17 | | subsection (A) of Section 11 of
this Act; or
|
18 | | (2) if the applicant was licensed in another |
19 | | jurisdiction after December
31,
1987, that the |
20 | | applicant has
satisfied the educational requirements |
21 | | of paragraph (A)(2)
of Section 11 of this Act; and
|
22 | | (3) the requirements for a license to practice
|
23 | | medicine in all of its branches in the particular |
24 | | state,
territory, country or province in which the |
25 | | applicant is
licensed are deemed by the Department to |
26 | | have been
substantially equivalent to the requirements |
|
| | SB0708 | - 47 - | LRB100 06769 SMS 16811 b |
|
|
1 | | for a license
to practice medicine in all of its |
2 | | branches in force in this
State at the date of the |
3 | | applicant's license;
|
4 | | (E) That if the applicant seeks to treat human
ailments |
5 | | without the use of drugs and without operative
surgery:
|
6 | | (1) the applicant is a graduate of a chiropractic |
7 | | or naturopathic
school or college approved by the |
8 | | Department at the time of
their graduation;
|
9 | | (2) the requirements for the applicant's license |
10 | | to
practice the treatment of human ailments without the |
11 | | use of
drugs are deemed by the Department to have been
|
12 | | substantially equivalent to the requirements for a |
13 | | license
to practice in this State at the date of the |
14 | | applicant's
license;
|
15 | | (E-5) That if the applicant seeks to practice |
16 | | naturopathic medicine: |
17 | | (1) the applicant is a graduate of a naturopathic |
18 | | school or college approved by the Department at the |
19 | | time of
their graduation; and |
20 | | (2) the requirements for the applicant's license |
21 | | to
practice naturopathic medicine are deemed by the |
22 | | Department to have been
substantially equivalent to |
23 | | the requirements for a license
to practice in this |
24 | | State at the date of the applicant's
license; |
25 | | (F) That the Department may, in its discretion, issue a
|
26 | | license by endorsement to any graduate of a
medical or |
|
| | SB0708 | - 48 - | LRB100 06769 SMS 16811 b |
|
|
1 | | osteopathic college, reputable and
in good standing in the
|
2 | | judgment of the Department, who has passed an examination
|
3 | | for admission to the United States Public Health Service, |
4 | | or
who has passed any other examination deemed by the
|
5 | | Department to have been at least equal in all substantial
|
6 | | respects to the examination required for admission to any
|
7 | | such medical corps;
|
8 | | (G) That applications for licenses by endorsement
|
9 | | shall be filed with the Department, under oath, on forms
|
10 | | prepared and furnished by the Department, and shall set
|
11 | | forth, and applicants therefor shall supply such |
12 | | information
respecting the life, education, professional |
13 | | practice, and
moral character of applicants as the |
14 | | Department may require
to be filed for its use;
|
15 | | (H) That the applicant undergo
the criminal background |
16 | | check established under Section 9.7 of this Act.
|
17 | | In the exercise of its discretion under this Section,
the |
18 | | Department is empowered to consider and evaluate each
applicant |
19 | | on an individual basis. It may take into account,
among other |
20 | | things: the extent to which the applicant will bring unique |
21 | | experience and skills to the State of Illinois or the extent to |
22 | | which there is or is not
available to the Department authentic |
23 | | and definitive
information concerning the quality of medical |
24 | | education and
clinical training which the applicant has had. |
25 | | Under no
circumstances shall a license be issued under the |
26 | | provisions
of this Section to any person who has previously |
|
| | SB0708 | - 49 - | LRB100 06769 SMS 16811 b |
|
|
1 | | taken and
failed the written examination conducted by the |
2 | | Department
for such license. In the exercise of its discretion |
3 | | under this Section, the Department may require an applicant to |
4 | | successfully complete an examination as recommended by the |
5 | | Licensing Board. The Department may
also request the applicant |
6 | | to submit, and may consider as
evidence of moral character, |
7 | | evidence from 2 or 3
individuals licensed under this Act.
|
8 | | Applicants have 3 years from the date of application to |
9 | | complete the
application process. If the process has not been |
10 | | completed within 3 years, the
application shall be denied, the |
11 | | fees shall be forfeited, and the applicant
must reapply and |
12 | | meet the requirements in effect at the time of
reapplication.
|
13 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
14 | | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
15 | | (Section scheduled to be repealed on December 31, 2017)
|
16 | | Sec. 22. Disciplinary action.
|
17 | | (A) The Department may revoke, suspend, place on probation, |
18 | | reprimand, refuse to issue or renew, or take any other |
19 | | disciplinary or non-disciplinary action as the Department may |
20 | | deem proper
with regard to the license or permit of any person |
21 | | issued
under this Act, including imposing fines not to exceed |
22 | | $10,000 for each violation, upon any of the following grounds:
|
23 | | (1) Performance of an elective abortion in any place, |
24 | | locale,
facility, or
institution other than:
|
25 | | (a) a facility licensed pursuant to the Ambulatory |
|
| | SB0708 | - 50 - | LRB100 06769 SMS 16811 b |
|
|
1 | | Surgical Treatment
Center Act;
|
2 | | (b) an institution licensed under the Hospital |
3 | | Licensing Act;
|
4 | | (c) an ambulatory surgical treatment center or |
5 | | hospitalization or care
facility maintained by the |
6 | | State or any agency thereof, where such department
or |
7 | | agency has authority under law to establish and enforce |
8 | | standards for the
ambulatory surgical treatment |
9 | | centers, hospitalization, or care facilities
under its |
10 | | management and control;
|
11 | | (d) ambulatory surgical treatment centers, |
12 | | hospitalization or care
facilities maintained by the |
13 | | Federal Government; or
|
14 | | (e) ambulatory surgical treatment centers, |
15 | | hospitalization or care
facilities maintained by any |
16 | | university or college established under the laws
of |
17 | | this State and supported principally by public funds |
18 | | raised by
taxation.
|
19 | | (2) Performance of an abortion procedure in a wilful |
20 | | and wanton
manner on a
woman who was not pregnant at the |
21 | | time the abortion procedure was
performed.
|
22 | | (3) A plea of guilty or nolo contendere, finding of |
23 | | guilt, jury verdict, or entry of judgment or sentencing, |
24 | | including, but not limited to, convictions, preceding |
25 | | sentences of supervision, conditional discharge, or first |
26 | | offender probation, under the laws of any jurisdiction of |
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1 | | the United States of any crime that is a felony.
|
2 | | (4) Gross negligence in practice under this Act.
|
3 | | (5) Engaging in dishonorable, unethical or |
4 | | unprofessional
conduct of a
character likely to deceive, |
5 | | defraud or harm the public.
|
6 | | (6) Obtaining any fee by fraud, deceit, or
|
7 | | misrepresentation.
|
8 | | (7) Habitual or excessive use or abuse of drugs defined |
9 | | in law
as
controlled substances, of alcohol, or of any |
10 | | other substances which results in
the inability to practice |
11 | | with reasonable judgment, skill or safety.
|
12 | | (8) Practicing under a false or, except as provided by |
13 | | law, an
assumed
name.
|
14 | | (9) Fraud or misrepresentation in applying for, or |
15 | | procuring, a
license
under this Act or in connection with |
16 | | applying for renewal of a license under
this Act.
|
17 | | (10) Making a false or misleading statement regarding |
18 | | their
skill or the
efficacy or value of the medicine, |
19 | | treatment, or remedy prescribed by them at
their direction |
20 | | in the treatment of any disease or other condition of the |
21 | | body
or mind.
|
22 | | (11) Allowing another person or organization to use |
23 | | their
license, procured
under this Act, to practice.
|
24 | | (12) Adverse action taken by another state or |
25 | | jurisdiction
against a license
or other authorization to |
26 | | practice as a medical doctor, doctor of osteopathy,
doctor |
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1 | | of osteopathic medicine , doctor of naturopathic medicine, |
2 | | or
doctor of chiropractic, a certified copy of the record |
3 | | of the action taken by
the other state or jurisdiction |
4 | | being prima facie evidence thereof. This includes any |
5 | | adverse action taken by a State or federal agency that |
6 | | prohibits a medical doctor, doctor of osteopathy, doctor of |
7 | | osteopathic medicine, or doctor of chiropractic from |
8 | | providing services to the agency's participants.
|
9 | | (13) Violation of any provision of this Act or of the |
10 | | Medical
Practice Act
prior to the repeal of that Act, or |
11 | | violation of the rules, or a final
administrative action of |
12 | | the Secretary, after consideration of the
recommendation |
13 | | of the Disciplinary Board.
|
14 | | (14) Violation of the prohibition against fee |
15 | | splitting in Section 22.2 of this Act.
|
16 | | (15) A finding by the Disciplinary Board that the
|
17 | | registrant after
having his or her license placed on |
18 | | probationary status or subjected to
conditions or |
19 | | restrictions violated the terms of the probation or failed |
20 | | to
comply with such terms or conditions.
|
21 | | (16) Abandonment of a patient.
|
22 | | (17) Prescribing, selling, administering, |
23 | | distributing, giving
or
self-administering any drug |
24 | | classified as a controlled substance (designated
product) |
25 | | or narcotic for other than medically accepted therapeutic
|
26 | | purposes.
|
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1 | | (18) Promotion of the sale of drugs, devices, |
2 | | appliances or
goods provided
for a patient in such manner |
3 | | as to exploit the patient for financial gain of
the |
4 | | physician.
|
5 | | (19) Offering, undertaking or agreeing to cure or treat
|
6 | | disease by a secret
method, procedure, treatment or |
7 | | medicine, or the treating, operating or
prescribing for any |
8 | | human condition by a method, means or procedure which the
|
9 | | licensee refuses to divulge upon demand of the Department.
|
10 | | (20) Immoral conduct in the commission of any act |
11 | | including,
but not limited to, commission of an act of |
12 | | sexual misconduct related to the
licensee's
practice.
|
13 | | (21) Wilfully making or filing false records or reports |
14 | | in his
or her
practice as a physician, including, but not |
15 | | limited to, false records to
support claims against the |
16 | | medical assistance program of the Department of Healthcare |
17 | | and Family Services (formerly Department of
Public Aid)
|
18 | | under the Illinois Public Aid Code.
|
19 | | (22) Wilful omission to file or record, or wilfully |
20 | | impeding
the filing or
recording, or inducing another |
21 | | person to omit to file or record, medical
reports as |
22 | | required by law, or wilfully failing to report an instance |
23 | | of
suspected abuse or neglect as required by law.
|
24 | | (23) Being named as a perpetrator in an indicated |
25 | | report by
the Department
of Children and Family Services |
26 | | under the Abused and Neglected Child Reporting
Act, and |
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1 | | upon proof by clear and convincing evidence that the |
2 | | licensee has
caused a child to be an abused child or |
3 | | neglected child as defined in the
Abused and Neglected |
4 | | Child Reporting Act.
|
5 | | (24) Solicitation of professional patronage by any
|
6 | | corporation, agents or
persons, or profiting from those |
7 | | representing themselves to be agents of the
licensee.
|
8 | | (25) Gross and wilful and continued overcharging for
|
9 | | professional services,
including filing false statements |
10 | | for collection of fees for which services are
not rendered, |
11 | | including, but not limited to, filing such false statements |
12 | | for
collection of monies for services not rendered from the |
13 | | medical assistance
program of the Department of Healthcare |
14 | | and Family Services (formerly Department of Public Aid)
|
15 | | under the Illinois Public Aid
Code.
|
16 | | (26) A pattern of practice or other behavior which
|
17 | | demonstrates
incapacity
or incompetence to practice under |
18 | | this Act.
|
19 | | (27) Mental illness or disability which results in the
|
20 | | inability to
practice under this Act with reasonable |
21 | | judgment, skill or safety.
|
22 | | (28) Physical illness, including, but not limited to,
|
23 | | deterioration through
the aging process, or loss of motor |
24 | | skill which results in a physician's
inability to practice |
25 | | under this Act with reasonable judgment, skill or
safety.
|
26 | | (29) Cheating on or attempt to subvert the licensing
|
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1 | | examinations
administered under this Act.
|
2 | | (30) Wilfully or negligently violating the |
3 | | confidentiality
between
physician and patient except as |
4 | | required by law.
|
5 | | (31) The use of any false, fraudulent, or deceptive |
6 | | statement
in any
document connected with practice under |
7 | | this Act.
|
8 | | (32) Aiding and abetting an individual not licensed |
9 | | under this
Act in the
practice of a profession licensed |
10 | | under this Act.
|
11 | | (33) Violating state or federal laws or regulations |
12 | | relating
to controlled
substances, legend
drugs, or |
13 | | ephedra as defined in the Ephedra Prohibition Act.
|
14 | | (34) Failure to report to the Department any adverse |
15 | | final
action taken
against them by another licensing |
16 | | jurisdiction (any other state or any
territory of the |
17 | | United States or any foreign state or country), by any peer
|
18 | | review body, by any health care institution, by any |
19 | | professional society or
association related to practice |
20 | | under this Act, by any governmental agency, by
any law |
21 | | enforcement agency, or by any court for acts or conduct |
22 | | similar to acts
or conduct which would constitute grounds |
23 | | for action as defined in this
Section.
|
24 | | (35) Failure to report to the Department surrender of a
|
25 | | license or
authorization to practice as a medical doctor, a |
26 | | doctor of osteopathy, a
doctor of osteopathic medicine, a |
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1 | | doctor of naturopathic medicine, or doctor
of chiropractic |
2 | | in another state or jurisdiction, or surrender of |
3 | | membership on
any medical staff or in any medical or |
4 | | professional association or society,
while under |
5 | | disciplinary investigation by any of those authorities or |
6 | | bodies,
for acts or conduct similar to acts or conduct |
7 | | which would constitute grounds
for action as defined in |
8 | | this Section.
|
9 | | (36) Failure to report to the Department any adverse |
10 | | judgment,
settlement,
or award arising from a liability |
11 | | claim related to acts or conduct similar to
acts or conduct |
12 | | which would constitute grounds for action as defined in |
13 | | this
Section.
|
14 | | (37) Failure to provide copies of medical records as |
15 | | required
by law.
|
16 | | (38) Failure to furnish the Department, its |
17 | | investigators or
representatives, relevant information, |
18 | | legally requested by the Department
after consultation |
19 | | with the Chief Medical Coordinator or the Deputy Medical
|
20 | | Coordinator.
|
21 | | (39) Violating the Health Care Worker Self-Referral
|
22 | | Act.
|
23 | | (40) Willful failure to provide notice when notice is |
24 | | required
under the
Parental Notice of Abortion Act of 1995.
|
25 | | (41) Failure to establish and maintain records of |
26 | | patient care and
treatment as required by this law.
|
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1 | | (42) Entering into an excessive number of written |
2 | | collaborative
agreements with licensed advanced practice |
3 | | nurses resulting in an inability to
adequately |
4 | | collaborate.
|
5 | | (43) Repeated failure to adequately collaborate with a |
6 | | licensed advanced practice nurse. |
7 | | (44) Violating the Compassionate Use of Medical |
8 | | Cannabis Pilot Program Act.
|
9 | | (45) Entering into an excessive number of written |
10 | | collaborative agreements with licensed prescribing |
11 | | psychologists resulting in an inability to adequately |
12 | | collaborate. |
13 | | (46) Repeated failure to adequately collaborate with a |
14 | | licensed prescribing psychologist. |
15 | | Except
for actions involving the ground numbered (26), all |
16 | | proceedings to suspend,
revoke, place on probationary status, |
17 | | or take any
other disciplinary action as the Department may |
18 | | deem proper, with regard to a
license on any of the foregoing |
19 | | grounds, must be commenced within 5 years next
after receipt by |
20 | | the Department of a complaint alleging the commission of or
|
21 | | notice of the conviction order for any of the acts described |
22 | | herein. Except
for the grounds numbered (8), (9), (26), and |
23 | | (29), no action shall be commenced more
than 10 years after the |
24 | | date of the incident or act alleged to have violated
this |
25 | | Section. For actions involving the ground numbered (26), a |
26 | | pattern of practice or other behavior includes all incidents |
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1 | | alleged to be part of the pattern of practice or other behavior |
2 | | that occurred, or a report pursuant to Section 23 of this Act |
3 | | received, within the 10-year period preceding the filing of the |
4 | | complaint. In the event of the settlement of any claim or cause |
5 | | of action
in favor of the claimant or the reduction to final |
6 | | judgment of any civil action
in favor of the plaintiff, such |
7 | | claim, cause of action or civil action being
grounded on the |
8 | | allegation that a person licensed under this Act was negligent
|
9 | | in providing care, the Department shall have an additional |
10 | | period of 2 years
from the date of notification to the |
11 | | Department under Section 23 of this Act
of such settlement or |
12 | | final judgment in which to investigate and
commence formal |
13 | | disciplinary proceedings under Section 36 of this Act, except
|
14 | | as otherwise provided by law. The time during which the holder |
15 | | of the license
was outside the State of Illinois shall not be |
16 | | included within any period of
time limiting the commencement of |
17 | | disciplinary action by the Department.
|
18 | | The entry of an order or judgment by any circuit court |
19 | | establishing that any
person holding a license under this Act |
20 | | is a person in need of mental treatment
operates as a |
21 | | suspension of that license. That person may resume their
|
22 | | practice only upon the entry of a Departmental order based upon |
23 | | a finding by
the Disciplinary Board that they have been |
24 | | determined to be recovered
from mental illness by the court and |
25 | | upon the Disciplinary Board's
recommendation that they be |
26 | | permitted to resume their practice.
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1 | | The Department may refuse to issue or take disciplinary |
2 | | action concerning the license of any person
who fails to file a |
3 | | return, or to pay the tax, penalty or interest shown in a
filed |
4 | | return, or to pay any final assessment of tax, penalty or |
5 | | interest, as
required by any tax Act administered by the |
6 | | Illinois Department of Revenue,
until such time as the |
7 | | requirements of any such tax Act are satisfied as
determined by |
8 | | the Illinois Department of Revenue.
|
9 | | The Department, upon the recommendation of the |
10 | | Disciplinary Board, shall
adopt rules which set forth standards |
11 | | to be used in determining:
|
12 | | (a) when a person will be deemed sufficiently |
13 | | rehabilitated to warrant the
public trust;
|
14 | | (b) what constitutes dishonorable, unethical or |
15 | | unprofessional conduct of
a character likely to deceive, |
16 | | defraud, or harm the public;
|
17 | | (c) what constitutes immoral conduct in the commission |
18 | | of any act,
including, but not limited to, commission of an |
19 | | act of sexual misconduct
related
to the licensee's |
20 | | practice; and
|
21 | | (d) what constitutes gross negligence in the practice |
22 | | of medicine.
|
23 | | However, no such rule shall be admissible into evidence in |
24 | | any civil action
except for review of a licensing or other |
25 | | disciplinary action under this Act.
|
26 | | In enforcing this Section, the Disciplinary Board or the |
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1 | | Licensing Board,
upon a showing of a possible violation, may |
2 | | compel, in the case of the Disciplinary Board, any individual |
3 | | who is licensed to
practice under this Act or holds a permit to |
4 | | practice under this Act, or, in the case of the Licensing |
5 | | Board, any individual who has applied for licensure or a permit
|
6 | | pursuant to this Act, to submit to a mental or physical |
7 | | examination and evaluation, or both,
which may include a |
8 | | substance abuse or sexual offender evaluation, as required by |
9 | | the Licensing Board or Disciplinary Board and at the expense of |
10 | | the Department. The Disciplinary Board or Licensing Board shall |
11 | | specifically designate the examining physician licensed to |
12 | | practice medicine in all of its branches or, if applicable, the |
13 | | multidisciplinary team involved in providing the mental or |
14 | | physical examination and evaluation, or both. The |
15 | | multidisciplinary team shall be led by a physician licensed to |
16 | | practice medicine in all of its branches and may consist of one |
17 | | or more or a combination of physicians licensed to practice |
18 | | medicine in all of its branches, licensed chiropractic |
19 | | physicians, licensed naturopathic physicians, licensed |
20 | | clinical psychologists, licensed clinical social workers, |
21 | | licensed clinical professional counselors, and other |
22 | | professional and administrative staff. Any examining physician |
23 | | or member of the multidisciplinary team may require any person |
24 | | ordered to submit to an examination and evaluation pursuant to |
25 | | this Section to submit to any additional supplemental testing |
26 | | deemed necessary to complete any examination or evaluation |
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1 | | process, including, but not limited to, blood testing, |
2 | | urinalysis, psychological testing, or neuropsychological |
3 | | testing.
The Disciplinary Board, the Licensing Board, or the |
4 | | Department may order the examining
physician or any member of |
5 | | the multidisciplinary team to provide to the Department, the |
6 | | Disciplinary Board, or the Licensing Board any and all records, |
7 | | including business records, that relate to the examination and |
8 | | evaluation, including any supplemental testing performed. The |
9 | | Disciplinary Board, the Licensing Board, or the Department may |
10 | | order the examining physician or any member of the |
11 | | multidisciplinary team to present testimony concerning this |
12 | | examination
and evaluation of the licensee, permit holder, or |
13 | | applicant, including testimony concerning any supplemental |
14 | | testing or documents relating to the examination and |
15 | | evaluation. No information, report, record, or other documents |
16 | | in any way related to the examination and evaluation shall be |
17 | | excluded by reason of
any common
law or statutory privilege |
18 | | relating to communication between the licensee, permit holder, |
19 | | or
applicant and
the examining physician or any member of the |
20 | | multidisciplinary team.
No authorization is necessary from the |
21 | | licensee, permit holder, or applicant ordered to undergo an |
22 | | evaluation and examination for the examining physician or any |
23 | | member of the multidisciplinary team to provide information, |
24 | | reports, records, or other documents or to provide any |
25 | | testimony regarding the examination and evaluation. The |
26 | | individual to be examined may have, at his or her own expense, |
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1 | | another
physician of his or her choice present during all |
2 | | aspects of the examination.
Failure of any individual to submit |
3 | | to mental or physical examination and evaluation, or both, when
|
4 | | directed, shall result in an automatic suspension, without |
5 | | hearing, until such time
as the individual submits to the |
6 | | examination. If the Disciplinary Board or Licensing Board finds |
7 | | a physician unable
to practice following an examination and |
8 | | evaluation because of the reasons set forth in this Section, |
9 | | the Disciplinary
Board or Licensing Board shall require such |
10 | | physician to submit to care, counseling, or treatment
by |
11 | | physicians, or other health care professionals, approved or |
12 | | designated by the Disciplinary Board, as a condition
for |
13 | | issued, continued, reinstated, or renewed licensure to |
14 | | practice. Any physician,
whose license was granted pursuant to |
15 | | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, |
16 | | renewed, disciplined or supervised, subject to such
terms, |
17 | | conditions or restrictions who shall fail to comply with such |
18 | | terms,
conditions or restrictions, or to complete a required |
19 | | program of care,
counseling, or treatment, as determined by the |
20 | | Chief Medical Coordinator or
Deputy Medical Coordinators, |
21 | | shall be referred to the Secretary for a
determination as to |
22 | | whether the licensee shall have their license suspended
|
23 | | immediately, pending a hearing by the Disciplinary Board. In |
24 | | instances in
which the Secretary immediately suspends a license |
25 | | under this Section, a hearing
upon such person's license must |
26 | | be convened by the Disciplinary Board within 15
days after such |
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1 | | suspension and completed without appreciable delay. The
|
2 | | Disciplinary Board shall have the authority to review the |
3 | | subject physician's
record of treatment and counseling |
4 | | regarding the impairment, to the extent
permitted by applicable |
5 | | federal statutes and regulations safeguarding the
|
6 | | confidentiality of medical records.
|
7 | | An individual licensed under this Act, affected under this |
8 | | Section, shall be
afforded an opportunity to demonstrate to the |
9 | | Disciplinary Board that they can
resume practice in compliance |
10 | | with acceptable and prevailing standards under
the provisions |
11 | | of their license.
|
12 | | The Department may promulgate rules for the imposition of |
13 | | fines in
disciplinary cases, not to exceed
$10,000 for each |
14 | | violation of this Act. Fines
may be imposed in conjunction with |
15 | | other forms of disciplinary action, but
shall not be the |
16 | | exclusive disposition of any disciplinary action arising out
of |
17 | | conduct resulting in death or injury to a patient. Any funds |
18 | | collected from
such fines shall be deposited in the Medical |
19 | | Disciplinary Fund.
|
20 | | All fines imposed under this Section shall be paid within |
21 | | 60 days after the effective date of the order imposing the fine |
22 | | or in accordance with the terms set forth in the order imposing |
23 | | the fine. |
24 | | (B) The Department shall revoke the license or
permit |
25 | | issued under this Act to practice medicine , a naturopathic |
26 | | physician, or a chiropractic physician who
has been convicted a |
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1 | | second time of committing any felony under the
Illinois |
2 | | Controlled Substances Act or the Methamphetamine Control and |
3 | | Community Protection Act, or who has been convicted a second |
4 | | time of
committing a Class 1 felony under Sections 8A-3 and |
5 | | 8A-6 of the Illinois Public
Aid Code. A person whose license or |
6 | | permit is revoked
under
this subsection B shall be prohibited |
7 | | from practicing
medicine or treating human ailments without the |
8 | | use of drugs and without
operative surgery.
|
9 | | (C) The Department shall not revoke, suspend, place on |
10 | | probation, reprimand, refuse to issue or renew, or take any |
11 | | other disciplinary or non-disciplinary action against the |
12 | | license or permit issued under this Act to practice medicine to |
13 | | a physician based solely upon the recommendation of the |
14 | | physician to an eligible patient regarding, or prescription |
15 | | for, or treatment with, an investigational drug, biological |
16 | | product, or device. |
17 | | (D) The Disciplinary Board shall recommend to the
|
18 | | Department civil
penalties and any other appropriate |
19 | | discipline in disciplinary cases when the
Board finds that a |
20 | | physician willfully performed an abortion with actual
|
21 | | knowledge that the person upon whom the abortion has been |
22 | | performed is a minor
or an incompetent person without notice as |
23 | | required under the Parental Notice
of Abortion Act of 1995. |
24 | | Upon the Board's recommendation, the Department shall
impose, |
25 | | for the first violation, a civil penalty of $1,000 and for a |
26 | | second or
subsequent violation, a civil penalty of $5,000.
|
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1 | | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; |
2 | | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16 .)
|
3 | | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
|
4 | | (Section scheduled to be repealed on December 31, 2017)
|
5 | | Sec. 24. Report of violations; medical associations. |
6 | | (a) Any physician
licensed under this Act, the
Illinois |
7 | | State Medical Society, the Illinois Association of
Osteopathic |
8 | | Physicians and Surgeons, the Illinois
Chiropractic Society, |
9 | | the Illinois Prairie State Chiropractic Association, the |
10 | | Illinois Association of Naturopathic Physicians,
or any |
11 | | component societies of any of
these 4 groups, and any other |
12 | | person, may report to the
Disciplinary Board any information |
13 | | the physician,
association, society, or person may have that |
14 | | appears to
show that a physician is or may be in violation of |
15 | | any of
the provisions of Section 22 of this Act.
|
16 | | (b) The Department may enter into agreements with the
|
17 | | Illinois State Medical Society, the Illinois Association of
|
18 | | Osteopathic Physicians and Surgeons, the Illinois Prairie |
19 | | State Chiropractic
Association, or the Illinois
Chiropractic |
20 | | Society , or the Illinois Association of Naturopathic |
21 | | Physicians to allow these
organizations to assist the |
22 | | Disciplinary Board in the review
of alleged violations of this |
23 | | Act. Subject to the approval
of the Department, any |
24 | | organization party to such an
agreement may subcontract with |
25 | | other individuals or
organizations to assist in review.
|
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| | SB0708 | - 66 - | LRB100 06769 SMS 16811 b |
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1 | | (c) Any physician, association, society, or person
|
2 | | participating in good faith in the making of a report under
|
3 | | this Act or participating in or assisting with an
investigation |
4 | | or review under this Act shall have
immunity from any civil, |
5 | | criminal, or other liability that might result by reason of |
6 | | those actions.
|
7 | | (d) The medical information in the custody of an entity
|
8 | | under contract with the Department participating in an
|
9 | | investigation or review shall be privileged and confidential
to |
10 | | the same extent as are information and reports under the
|
11 | | provisions of Part 21 of Article VIII of the Code of Civil
|
12 | | Procedure.
|
13 | | (e) Upon request by the Department after a mandatory report |
14 | | has been filed with the Department, an attorney for any party |
15 | | seeking to recover damages for
injuries or death by reason of |
16 | | medical, hospital, or other healing art
malpractice shall |
17 | | provide patient records related to the physician involved in |
18 | | the disciplinary proceeding to the Department within 30 days of |
19 | | the Department's request for use by the Department in any |
20 | | disciplinary matter under this Act. An attorney who provides |
21 | | patient records to the Department in accordance with this |
22 | | requirement shall not be deemed to have violated any |
23 | | attorney-client privilege. Notwithstanding any other provision |
24 | | of law, consent by a patient shall not be required for the |
25 | | provision of patient records in accordance with this |
26 | | requirement.
|
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1 | | (f) For the purpose of any civil or criminal proceedings,
|
2 | | the good faith of any physician, association, society
or person |
3 | | shall be presumed.
|
4 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
5 | | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
|
6 | | (Section scheduled to be repealed on December 31, 2017)
|
7 | | Sec. 33. Legend drugs. |
8 | | (a) Any person licensed under this Act to practice medicine |
9 | | in all
of its branches shall be authorized to purchase legend |
10 | | drugs requiring an
order of a person authorized to prescribe |
11 | | drugs, and to dispense such legend
drugs in the regular course |
12 | | of practicing medicine. The dispensing of such
legend drugs |
13 | | shall be the personal act of the person licensed under this
Act |
14 | | and may not be delegated to any other person not licensed under |
15 | | this
Act or the Pharmacy Practice Act
unless such delegated
|
16 | | dispensing functions are under the direct supervision of the |
17 | | physician
authorized to dispense legend drugs. Except when |
18 | | dispensing manufacturers'
samples or other legend drugs in a |
19 | | maximum 72 hour supply, persons licensed
under this Act shall |
20 | | maintain a book or file of prescriptions as required
in the |
21 | | Pharmacy Practice Act. Any person licensed under this
Act who |
22 | | dispenses any drug or medicine shall dispense such drug or
|
23 | | medicine in good faith and shall affix to the box, bottle,
|
24 | | vessel or package containing the same a label indicating (1)
|
25 | | the date on which such drug or medicine is dispensed; (2)
the |
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1 | | name of the patient; (3) the last name of the person
dispensing |
2 | | such drug or medicine; (4) the directions for use
thereof; and |
3 | | (5) the proprietary name or names or, if there
are none, the |
4 | | established name or names of the drug or
medicine, the dosage |
5 | | and quantity, except as otherwise
authorized by regulation of |
6 | | the Department.
|
7 | | (b) The labeling requirements set forth in subsection (a) |
8 | | shall
not apply to drugs or medicines in a package which bears |
9 | | a label of the
manufacturer containing information describing |
10 | | its contents
which is in compliance with requirements of the |
11 | | Federal
Food, Drug, and Cosmetic Act and the Illinois Food, |
12 | | Drug, and Cosmetic Act.
"Drug" and "medicine" have the meanings |
13 | | ascribed to them in the Pharmacy Practice
Act, as now or |
14 | | hereafter amended; "good faith" has the meaning
ascribed to it |
15 | | in subsection (u) of Section 102 of the Illinois Controlled
|
16 | | Substances Act.
|
17 | | (c) Prior to dispensing a prescription to a patient, the |
18 | | physician shall
offer a written prescription to the patient |
19 | | which the patient may elect to
have filled by the physician or |
20 | | any licensed pharmacy.
|
21 | | (d) A violation of any provision of this Section shall |
22 | | constitute a violation
of this Act and shall be grounds for |
23 | | disciplinary action provided for in
this Act.
|
24 | | (e) Nothing in this Section shall be construed to authorize |
25 | | a chiropractic physician or naturopathic physician to |
26 | | prescribe drugs. |
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1 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
|
2 | | (225 ILCS 60/34) (from Ch. 111, par. 4400-34)
|
3 | | (Section scheduled to be repealed on December 31, 2017)
|
4 | | Sec. 34.
The provisions of this Act shall not be so
|
5 | | construed nor shall they be so administered as to
discriminate |
6 | | against any type or category of physician or
against any |
7 | | medical, osteopathic , naturopathic, or chiropractic college.
|
8 | | (Source: P.A. 85-4 .)
|
9 | | Section 25. The Patients' Right to Know Act is amended by |
10 | | changing Section 5 as follows: |
11 | | (225 ILCS 61/5)
|
12 | | Sec. 5. Definitions. For purposes of this Act, the
|
13 | | following definitions shall have the following meanings,
|
14 | | except where the context requires otherwise: |
15 | | "Department" means the Department of Financial and |
16 | | Professional Regulation. |
17 | | "Disciplinary Board" means the Medical Disciplinary
Board. |
18 | | "Physician" means a person licensed under the
Medical |
19 | | Practice Act of 1987 to practice medicine in all of its
|
20 | | branches , a naturopathic physician, or a chiropractic |
21 | | physician licensed to treat human
ailments without the use of |
22 | | drugs and without
operative surgery. |
23 | | "Secretary" means the Secretary of the Department of |
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1 | | Financial and Professional Regulation.
|
2 | | (Source: P.A. 99-642, eff. 7-28-16.) |
3 | | Section 30. The Naprapathic Practice Act is amended by |
4 | | changing Sections 25 and 110 as follows:
|
5 | | (225 ILCS 63/25)
|
6 | | (Section scheduled to be repealed on January 1, 2023)
|
7 | | Sec. 25. Title and designation of licensed naprapaths. |
8 | | Every person
to whom a valid existing license as a naprapath |
9 | | has been issued under this
Act shall be designated |
10 | | professionally a "naprapath", and not otherwise,
and any |
11 | | licensed naprapath may, in connection with the
practice of
his |
12 | | profession, use the title or designation of "naprapath", and, |
13 | | if
entitled by degree from a college or university recognized |
14 | | by the
Department, may use the title of "Doctor of
Naprapathy" |
15 | | or the abbreviation "D.N.". When the name of the licensed
|
16 | | naprapath is used professionally in oral, written, or
printed
|
17 | | announcements, professional cards, or publications for the |
18 | | information of
the public and is preceded by the title "Doctor" |
19 | | or the abbreviation
"Dr.", the explanatory designation of |
20 | | "naprapath", "naprapathy", "Doctor of
Naprapathy", or the |
21 | | designation "D.N." shall be added immediately following
title |
22 | | and name. When the announcement, professional cards, or
|
23 | | publication is in writing or in print, the explanatory addition |
24 | | shall be
in writing, type, or print not less than 1/2 the size |
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1 | | of that used in the
name and title. No person other than the |
2 | | holder of a valid existing
license under this Act shall use the |
3 | | title and designation of "Doctor of
Naprapathy", "D.N.", or |
4 | | "naprapath", either directly or indirectly, in
connection with |
5 | | his or her profession or business.
|
6 | | A naprapath licensed under this Act shall not hold himself |
7 | | or herself
out as a Doctor of Chiropractic or a Doctor of |
8 | | Naturopathic Medicine unless he or she is licensed as a Doctor |
9 | | of
Chiropractic or Doctor of Naturopathic Medicine under the |
10 | | Medical Practice Act of 1987 or any successor Act.
|
11 | | (Source: P.A. 97-778, eff. 7-13-12.)
|
12 | | (225 ILCS 63/110)
|
13 | | (Section scheduled to be repealed on January 1, 2023)
|
14 | | Sec. 110. Grounds for disciplinary action; refusal, |
15 | | revocation,
suspension. |
16 | | (a) The Department may refuse to issue or to renew, or may |
17 | | revoke, suspend,
place on probation, reprimand or take other |
18 | | disciplinary or non-disciplinary action as
the
Department may |
19 | | deem appropriate, including imposing fines not to exceed |
20 | | $10,000 for each
violation, with regard to any licensee or |
21 | | license for any one or
combination of
the
following causes:
|
22 | | (1) Violations of this Act or of rules adopted under |
23 | | this Act.
|
24 | | (2) Material misstatement in furnishing information to |
25 | | the Department.
|
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1 | | (3) Conviction by plea of guilty or nolo contendere, |
2 | | finding of guilt, jury verdict, or entry of judgment, or by |
3 | | sentencing of any crime, including, but not limited to, |
4 | | convictions, preceding sentences of supervision, |
5 | | conditional discharge, or first offender probation, under |
6 | | the laws of any jurisdiction of the United States: (i) that |
7 | | is a felony or (ii) that is a misdemeanor, an essential |
8 | | element of which is dishonesty, or that is directly related |
9 | | to the practice of the profession.
|
10 | | (4) Fraud or any misrepresentation in applying for or |
11 | | procuring a license under this Act or in connection with |
12 | | applying for renewal of a license under this Act.
|
13 | | (5) Professional incompetence or gross negligence.
|
14 | | (6) Malpractice.
|
15 | | (7) Aiding or assisting another person in violating any
|
16 | | provision of
this Act or its rules.
|
17 | | (8) Failing to provide information within 60 days in |
18 | | response
to a
written request made by the Department.
|
19 | | (9) Engaging in dishonorable, unethical, or |
20 | | unprofessional
conduct of a
character likely to deceive, |
21 | | defraud, or harm the public.
|
22 | | (10) Habitual or excessive use or abuse of drugs |
23 | | defined in law as controlled substances, alcohol, or any |
24 | | other substance which results in the
inability to practice |
25 | | with reasonable judgment, skill, or safety.
|
26 | | (11) Discipline by another U.S. jurisdiction or |
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1 | | foreign
nation if at
least one of the grounds for the |
2 | | discipline is the same or substantially
equivalent to those |
3 | | set forth in this Act.
|
4 | | (12) Directly or indirectly giving to or receiving from |
5 | | any
person, firm,
corporation, partnership, or association |
6 | | any fee, commission, rebate, or
other form of compensation |
7 | | for any professional services not actually or
personally |
8 | | rendered. This shall not be deemed to include rent or other
|
9 | | remunerations paid to an individual, partnership, or |
10 | | corporation by a
naprapath for the lease, rental, or use of |
11 | | space, owned or controlled by
the individual, partnership, |
12 | | corporation, or association. Nothing in this paragraph |
13 | | (12) affects any bona fide independent contractor or |
14 | | employment arrangements among health care professionals, |
15 | | health facilities, health care providers, or other |
16 | | entities, except as otherwise prohibited by law. Any |
17 | | employment arrangements may include provisions for |
18 | | compensation, health insurance, pension, or other |
19 | | employment benefits for the provision of services within |
20 | | the scope of the licensee's practice under this Act. |
21 | | Nothing in this paragraph (12) shall be construed to |
22 | | require an employment arrangement to receive professional |
23 | | fees for services rendered.
|
24 | | (13) Using the title "Doctor" or its abbreviation |
25 | | without further
clarifying that title or abbreviation with |
26 | | the word "naprapath" or "naprapathy"
or the designation |
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1 | | "D.N.".
|
2 | | (14) A finding by the Department that the licensee, |
3 | | after
having his
or her license placed on probationary |
4 | | status, has violated the terms of
probation.
|
5 | | (15) Abandonment of a patient without cause.
|
6 | | (16) Willfully making or filing false records or |
7 | | reports
relating to a licensee's
practice, including but |
8 | | not limited to, false records filed with State
agencies or |
9 | | departments.
|
10 | | (17) Willfully failing to report an instance of |
11 | | suspected
child abuse or
neglect as required by the Abused |
12 | | and Neglected Child Reporting Act.
|
13 | | (18) Physical or mental illness or disability, |
14 | | including, but not limited to,
deterioration
through the |
15 | | aging process or loss of motor skill that results in the
|
16 | | inability to practice the profession with reasonable |
17 | | judgment, skill,
or safety.
|
18 | | (19) Solicitation of professional services by means |
19 | | other
than
permitted advertising.
|
20 | | (20) Failure to provide a patient with a copy of his or |
21 | | her
record
upon the written request of the patient.
|
22 | | (21) Cheating on or attempting to subvert the licensing |
23 | | examination administered under this Act.
|
24 | | (22) Allowing one's license under this Act to be used |
25 | | by an unlicensed person in violation of this Act.
|
26 | | (23) (Blank).
|
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1 | | (24) Being named as a perpetrator in an indicated |
2 | | report by
the
Department of Children and Family Services |
3 | | under the Abused and Neglected
Child Reporting Act and upon |
4 | | proof by clear and convincing evidence that the
licensee |
5 | | has caused a child to be an abused child or a neglected |
6 | | child as
defined in the Abused and Neglected Child |
7 | | Reporting Act.
|
8 | | (25) Practicing under a false or, except as provided by |
9 | | law, an assumed name.
|
10 | | (26) Immoral conduct in the commission of any act, such |
11 | | as
sexual abuse,
sexual misconduct, or sexual |
12 | | exploitation, related to the licensee's practice.
|
13 | | (27) Maintaining a professional relationship with any |
14 | | person,
firm, or
corporation when the naprapath knows, or |
15 | | should know, that the person,
firm, or corporation is |
16 | | violating this Act.
|
17 | | (28) Promotion of the sale of food supplements, |
18 | | devices,
appliances, or
goods provided for a client or |
19 | | patient in such manner as to exploit the
patient or client |
20 | | for financial gain of the licensee.
|
21 | | (29) Having treated ailments of human beings other than |
22 | | by
the
practice of naprapathy as defined in this Act, or |
23 | | having treated ailments
of human beings as a licensed |
24 | | naprapath independent of a documented
referral or |
25 | | documented current and relevant diagnosis from a |
26 | | physician,
dentist, or podiatric physician, or having |
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1 | | failed to notify the physician, dentist,
or podiatric |
2 | | physician who established a documented current and |
3 | | relevant
diagnosis that the patient is receiving |
4 | | naprapathic treatment pursuant to
that diagnosis.
|
5 | | (30) Use by a registered naprapath of the word |
6 | | "infirmary",
"hospital",
"school", "university", in |
7 | | English or any other language, in connection
with the place |
8 | | where naprapathy may be practiced or demonstrated.
|
9 | | (31) Continuance of a naprapath in the employ of any |
10 | | person,
firm, or
corporation, or as an assistant to any |
11 | | naprapath or naprapaths, directly or
indirectly, after his |
12 | | or her employer or superior has been found guilty of
|
13 | | violating or has been enjoined from violating the laws of |
14 | | the State of
Illinois relating to the practice of |
15 | | naprapathy when the employer or
superior persists in that |
16 | | violation.
|
17 | | (32) The performance of naprapathic service in |
18 | | conjunction
with a scheme
or plan with another person, |
19 | | firm, or corporation known to be advertising in
a manner |
20 | | contrary to this Act or otherwise violating the laws of the |
21 | | State
of Illinois concerning the practice of naprapathy.
|
22 | | (33) Failure to provide satisfactory proof of having
|
23 | | participated in
approved continuing education programs as |
24 | | determined by and
approved by the Secretary. Exceptions for |
25 | | extreme hardships are to be
defined by the rules of the |
26 | | Department.
|
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1 | | (34) (Blank).
|
2 | | (35) Gross or willful overcharging for
professional |
3 | | services.
|
4 | | (36) (Blank).
|
5 | | All fines imposed under this Section shall be paid within |
6 | | 60 days after the effective date of the order imposing the |
7 | | fine. |
8 | | (b) The Department may refuse to issue or may suspend |
9 | | without hearing, as provided for in the Department of |
10 | | Professional Regulation Law of the Civil Administrative Code, |
11 | | the license of any person who fails to file a return, or pay |
12 | | the tax, penalty, or interest shown in a filed return, or pay |
13 | | any final assessment of the tax, penalty, or interest as |
14 | | required by any tax Act administered by the Illinois Department |
15 | | of Revenue, until such time as the requirements of any such tax |
16 | | Act are satisfied in accordance with subsection (g) of Section |
17 | | 2105-15 of the Department of Professional Regulation Law of the |
18 | | Civil Administrative Code of Illinois. |
19 | | (c) The Department shall deny a license or renewal |
20 | | authorized by this Act to a person who has defaulted on an |
21 | | educational loan or scholarship provided or guaranteed by the |
22 | | Illinois Student Assistance Commission or any governmental |
23 | | agency of this State in accordance with item (5) of subsection |
24 | | (a) of Section 2105-15 of the Department of Professional |
25 | | Regulation Law of the Civil Administrative Code of Illinois. |
26 | | (d) In cases where the Department of Healthcare and Family |
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1 | | Services has previously determined a licensee or a potential |
2 | | licensee is more than 30 days delinquent in the payment of |
3 | | child support and has subsequently certified the delinquency to |
4 | | the Department, the Department may refuse to issue or renew or |
5 | | may revoke or suspend that person's license or may take other |
6 | | disciplinary action against that person based solely upon the |
7 | | certification of delinquency made by the Department of |
8 | | Healthcare and Family Services in accordance with item (5) of |
9 | | subsection (a) of Section 2105-15 of the Department of |
10 | | Professional Regulation Law of the Civil Administrative Code of |
11 | | Illinois. |
12 | | (e) The determination by a circuit court that a licensee is |
13 | | subject to involuntary admission or judicial admission, as |
14 | | provided in the Mental Health and Developmental Disabilities |
15 | | Code, operates as an automatic suspension. The suspension shall |
16 | | end only upon a finding by a court that the patient is no |
17 | | longer subject to involuntary admission or judicial admission |
18 | | and the issuance of an order so finding and discharging the |
19 | | patient. |
20 | | (f) In enforcing this Act, the Department, upon a showing |
21 | | of a possible violation, may compel an individual licensed to |
22 | | practice under this Act, or who has applied for licensure under |
23 | | this Act, to submit to a mental or physical examination and |
24 | | evaluation, or both, which may include a substance abuse or |
25 | | sexual offender evaluation, as required by and at the expense |
26 | | of the Department. The Department shall specifically designate |
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1 | | the examining physician licensed to practice medicine in all of |
2 | | its branches or, if applicable, the multidisciplinary team |
3 | | involved in providing the mental or physical examination and |
4 | | evaluation, or both. The multidisciplinary team shall be led by |
5 | | a physician licensed to practice medicine in all of its |
6 | | branches and may consist of one or more or a combination of |
7 | | physicians licensed to practice medicine in all of its |
8 | | branches, licensed chiropractic physicians, licensed |
9 | | naturopathic physicians, licensed clinical psychologists, |
10 | | licensed clinical social workers, licensed clinical |
11 | | professional counselors, and other professional and |
12 | | administrative staff. Any examining physician or member of the |
13 | | multidisciplinary team may require any person ordered to submit |
14 | | to an examination and evaluation pursuant to this Section to |
15 | | submit to any additional supplemental testing deemed necessary |
16 | | to complete any examination or evaluation process, including, |
17 | | but not limited to, blood testing, urinalysis, psychological |
18 | | testing, or neuropsychological testing. |
19 | | The Department may order the examining physician or any |
20 | | member of the multidisciplinary team to provide to the |
21 | | Department any and all records including business records that |
22 | | relate to the examination and evaluation, including any |
23 | | supplemental testing performed. The Department may order the |
24 | | examining physician or any member of the multidisciplinary team |
25 | | to present testimony concerning the examination and evaluation |
26 | | of the licensee or applicant, including testimony concerning |
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1 | | any supplemental testing or documents in any way related to the |
2 | | examination and evaluation. No information, report, record, or |
3 | | other documents in any way related to the examination and |
4 | | evaluation shall be excluded by reason of any common law or |
5 | | statutory privilege relating to communications between the |
6 | | licensee or applicant and the examining physician or any member |
7 | | of the multidisciplinary team. No authorization is necessary |
8 | | from the licensee or applicant ordered to undergo an evaluation |
9 | | and examination for the examining physician or any member of |
10 | | the multidisciplinary team to provide information, reports, |
11 | | records, or other documents or to provide any testimony |
12 | | regarding the examination and evaluation. The individual to be |
13 | | examined may have, at his or her own expense, another physician |
14 | | of his or her choice present during all aspects of this |
15 | | examination. Failure of an individual to submit to a mental or |
16 | | physical examination and evaluation, or both, when directed, |
17 | | shall result in an automatic suspension without hearing, until |
18 | | such time as the individual submits to the examination. |
19 | | A person holding a license under this Act or who has |
20 | | applied for a license under this Act who, because of a physical |
21 | | or mental illness or disability, including, but not limited to, |
22 | | deterioration through the aging process or loss of motor skill, |
23 | | is unable to practice the profession with reasonable judgment, |
24 | | skill, or safety, may be required by the Department to submit |
25 | | to care, counseling, or treatment by physicians approved or |
26 | | designated by the Department as a condition, term, or |
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1 | | restriction for continued, reinstated, or renewed licensure to |
2 | | practice. Submission to care, counseling, or treatment as |
3 | | required by the Department shall not be considered discipline |
4 | | of a license. If the licensee refuses to enter into a care, |
5 | | counseling, or treatment agreement or fails to abide by the |
6 | | terms of the agreement, the Department may file a complaint to |
7 | | revoke, suspend, or otherwise discipline the license of the |
8 | | individual. The Secretary may order the license suspended |
9 | | immediately, pending a hearing by the Department. Fines shall |
10 | | not be assessed in disciplinary actions involving physical or |
11 | | mental illness or impairment. |
12 | | In instances in which the Secretary immediately suspends a |
13 | | person's license under this Section, a hearing on that person's |
14 | | license must be convened by the Department within 15 days after |
15 | | the suspension and completed without appreciable delay. The |
16 | | Department shall have the authority to review the subject |
17 | | individual's record of treatment and counseling regarding the |
18 | | impairment to the extent permitted by applicable federal |
19 | | statutes and regulations safeguarding the confidentiality of |
20 | | medical records. |
21 | | An individual licensed under this Act and affected under |
22 | | this Section shall be afforded an opportunity to demonstrate to |
23 | | the Department that he or she can resume practice in compliance |
24 | | with acceptable and prevailing standards under the provisions |
25 | | of his or her license.
|
26 | | (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13; |
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1 | | 98-463, eff. 8-16-13.)
|
2 | | Section 35. The Illinois Physical Therapy Act is amended by |
3 | | changing Section 1 as follows:
|
4 | | (225 ILCS 90/1) (from Ch. 111, par. 4251)
|
5 | | (Section scheduled to be repealed on January 1, 2026)
|
6 | | Sec. 1. Definitions. As used in this Act:
|
7 | | (1) "Physical therapy" means all of the following: |
8 | | (A) Examining, evaluating, and testing individuals who |
9 | | may have mechanical, physiological, or developmental |
10 | | impairments, functional limitations, disabilities, or |
11 | | other health and movement-related conditions, classifying |
12 | | these disorders, determining a rehabilitation prognosis |
13 | | and plan of therapeutic intervention, and assessing the |
14 | | on-going effects of the interventions. |
15 | | (B) Alleviating impairments, functional limitations, |
16 | | or disabilities by designing, implementing, and modifying |
17 | | therapeutic interventions that may include, but are not |
18 | | limited to, the evaluation or treatment of a person through |
19 | | the use of the effective properties of physical measures |
20 | | and heat, cold, light, water, radiant energy, electricity, |
21 | | sound, and air and use of therapeutic massage, therapeutic |
22 | | exercise, mobilization, and rehabilitative procedures, |
23 | | with or without assistive devices, for the purposes of |
24 | | preventing, correcting, or alleviating a physical or |
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1 | | mental impairment, functional limitation, or disability. |
2 | | (C) Reducing the risk of injury, impairment, |
3 | | functional limitation, or disability, including the |
4 | | promotion and maintenance of fitness, health, and |
5 | | wellness. |
6 | | (D) Engaging in administration, consultation, |
7 | | education, and research.
|
8 | | " Physical therapy "
includes, but is not limited to: (a) |
9 | | performance
of specialized tests and measurements, (b) |
10 | | administration of specialized
treatment procedures, (c) |
11 | | interpretation of referrals from physicians, dentists, |
12 | | advanced practice nurses, physician assistants,
and podiatric |
13 | | physicians, (d) establishment, and modification of physical |
14 | | therapy
treatment programs, (e) administration of topical |
15 | | medication used in generally
accepted physical therapy |
16 | | procedures when such medication is either prescribed
by the |
17 | | patient's physician, licensed to practice medicine in all its |
18 | | branches,
the patient's physician licensed to practice |
19 | | podiatric medicine, the patient's advanced practice nurse, the |
20 | | patient's physician assistant, or the
patient's dentist or used |
21 | | following the physician's orders or written instructions, and |
22 | | (f) supervision or teaching of physical therapy.
Physical |
23 | | therapy does not include radiology, electrosurgery, |
24 | | chiropractic
technique , naturopathic technique, or |
25 | | determination of a differential
diagnosis; provided, however,
|
26 | | the limitation on determining a differential diagnosis shall |
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1 | | not in any
manner limit a physical therapist licensed under |
2 | | this Act from performing
an evaluation pursuant to such |
3 | | license. Nothing in this Section shall limit
a physical |
4 | | therapist from employing appropriate physical therapy |
5 | | techniques
that he or she is educated and licensed to perform. |
6 | | A physical therapist
shall refer to a licensed physician, |
7 | | advanced practice nurse, physician assistant, dentist, |
8 | | podiatric physician, other physical therapist, or other health |
9 | | care provider any patient
whose medical condition should, at |
10 | | the time of evaluation or treatment, be
determined to be beyond |
11 | | the scope of practice of the physical therapist.
|
12 | | (2) "Physical therapist" means a person who practices |
13 | | physical therapy
and who has met all requirements as provided |
14 | | in this Act.
|
15 | | (3) "Department" means the Department of Professional |
16 | | Regulation.
|
17 | | (4) "Director" means the Director of Professional |
18 | | Regulation.
|
19 | | (5) "Board" means the Physical Therapy Licensing and |
20 | | Disciplinary Board approved
by the Director.
|
21 | | (6) "Referral" means a written or oral authorization for |
22 | | physical therapy services for a patient by a physician, |
23 | | dentist, advanced practice nurse, physician assistant, or |
24 | | podiatric physician who maintains medical supervision of the |
25 | | patient and makes a diagnosis or verifies that the patient's |
26 | | condition is such that it may be treated by a physical |
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1 | | therapist.
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2 | | (7) "Documented current and relevant diagnosis" for the |
3 | | purpose of
this Act means a diagnosis, substantiated by |
4 | | signature or oral verification
of a physician, dentist, |
5 | | advanced practice nurse, physician assistant, or podiatric |
6 | | physician, that a patient's condition is such
that it may be |
7 | | treated by physical therapy as defined in this Act, which
|
8 | | diagnosis shall remain in effect until changed by the |
9 | | physician, dentist, advanced practice nurse, physician |
10 | | assistant,
or podiatric physician.
|
11 | | (8) "State" includes:
|
12 | | (a) the states of the United States of America;
|
13 | | (b) the District of Columbia; and
|
14 | | (c) the Commonwealth of Puerto Rico.
|
15 | | (9) "Physical therapist assistant" means a person licensed |
16 | | to assist a
physical therapist and who has met all requirements |
17 | | as provided in this Act
and who works under the supervision of |
18 | | a licensed physical therapist to assist
in implementing the |
19 | | physical therapy treatment program as established by the
|
20 | | licensed physical therapist. The patient care activities |
21 | | provided by the
physical therapist assistant shall not include |
22 | | the interpretation of referrals,
evaluation procedures, or the |
23 | | planning or major modification of patient programs.
|
24 | | (10) "Physical therapy aide" means a person who has |
25 | | received on
the job training, specific to the facility in which |
26 | | he is employed.
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1 | | (11) "Advanced practice nurse" means a person licensed as |
2 | | an advanced practice nurse under the Nurse Practice Act. |
3 | | (12) "Physician assistant" means a person licensed under |
4 | | the Physician Assistant Practice Act of 1987.
|
5 | | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; |
6 | | 99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
|
7 | | Section 40. The Health Care Arbitration Act is amended by |
8 | | changing Section 2 as follows:
|
9 | | (710 ILCS 15/2) (from Ch. 10, par. 202)
|
10 | | Sec. 2. Definitions. As used in this Act:
|
11 | | (a) "Health care provider" means a person, partnership, |
12 | | corporation, or
other entity lawfully engaged in the practice |
13 | | of medicine, surgery,
chiropractic, naturopathy,
dentistry, |
14 | | podiatry, optometry, physical therapy or nursing.
|
15 | | (b) "Hospital" means a person, partnership, corporation or |
16 | | other entity
lawfully engaged in the operation or |
17 | | administration of a hospital, clinic,
nursing home or |
18 | | sanitarium.
|
19 | | (c) "Supplier" means a person, corporation, partnership or |
20 | | other entity
that has manufactured, designed, distributed, |
21 | | sold, or otherwise provided
any medication, device, equipment, |
22 | | service, or other product used in the
diagnosis or treatment of |
23 | | a patient.
|
24 | | (d) "Health care arbitration agreement" or "agreement" |
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1 | | means a written
agreement between a patient and a hospital or |
2 | | health care provider to submit
to binding arbitration a claim |
3 | | for damages arising out of (1) injuries alleged
to have been |
4 | | received by a patient or (2) death of a patient, due to |
5 | | hospital
or health care provider negligence or other wrongful |
6 | | act, but not including
intentional torts.
|
7 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3945/2 | from Ch. 144, par. 2002 | | 4 | | 105 ILCS 5/24-6 | | | 5 | | 105 ILCS 5/26-1 | from Ch. 122, par. 26-1 | | 6 | | 215 ILCS 5/122-1 | from Ch. 73, par. 734-1 | | 7 | | 225 ILCS 60/2 | from Ch. 111, par. 4400-2 | | 8 | | 225 ILCS 60/7 | from Ch. 111, par. 4400-7 | | 9 | | 225 ILCS 60/8 | from Ch. 111, par. 4400-8 | | 10 | | 225 ILCS 60/9 | from Ch. 111, par. 4400-9 | | 11 | | 225 ILCS 60/10 | from Ch. 111, par. 4400-10 | | 12 | | 225 ILCS 60/11 | from Ch. 111, par. 4400-11 | | 13 | | 225 ILCS 60/14 | from Ch. 111, par. 4400-14 | | 14 | | 225 ILCS 60/15 | from Ch. 111, par. 4400-15 | | 15 | | 225 ILCS 60/16 | from Ch. 111, par. 4400-16 | | 16 | | 225 ILCS 60/17 | from Ch. 111, par. 4400-17 | | 17 | | 225 ILCS 60/18 | from Ch. 111, par. 4400-18 | | 18 | | 225 ILCS 60/19 | from Ch. 111, par. 4400-19 | | 19 | | 225 ILCS 60/22 | from Ch. 111, par. 4400-22 | | 20 | | 225 ILCS 60/24 | from Ch. 111, par. 4400-24 | | 21 | | 225 ILCS 60/33 | from Ch. 111, par. 4400-33 | | 22 | | 225 ILCS 60/34 | from Ch. 111, par. 4400-34 | | 23 | | 225 ILCS 61/5 | | | 24 | | 225 ILCS 63/25 | | | 25 | | 225 ILCS 63/110 | | |
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| 1 | | 225 ILCS 90/1 | from Ch. 111, par. 4251 | | 2 | | 710 ILCS 15/2 | from Ch. 10, par. 202 |
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