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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4554
Introduced 1/18/2008, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/9 |
from Ch. 111, par. 4400-9 |
225 ILCS 60/21 |
from Ch. 111, par. 4400-21 |
225 ILCS 60/24.1 |
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Amends the Medical Practice Act of 1987. In the Patients' Right to Know Law, requires the Department of Financial and Professional Regulation to make physician profiles available to the public on or before September 1, 2008 (now, there is no implementation date for the requirement). Provides that the rules adopted by the Department under the Law shall include rules related to the submission of required information by physicians under the Law, and conditions initial, renewal, and restoration licensure upon the submission and updating of such required information. Effective immediately.
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A BILL FOR
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Medical Practice Act of 1987 is amended by |
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| changing Sections 9, 21, and 24.1 as follows:
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| (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 9. Application for license. Each applicant for a |
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| license shall:
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| (A) Make application on blank forms prepared and
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| furnished by the Department of Professional Regulation
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| hereinafter referred to as the Department.
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| (B) Submit evidence satisfactory to the Department
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| that the applicant:
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| (1) is of good moral character. In determining |
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| moral
character under this Section, the Department may |
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| take into
consideration whether the applicant has |
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| engaged in conduct
or activities which would |
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| constitute grounds for discipline
under this Act. The |
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| Department may also request the
applicant to submit, |
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| and may consider as evidence of moral
character, |
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| endorsements from 2 or 3 individuals licensed
under |
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| this Act;
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| (2) has the preliminary and professional education
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| required by this Act;
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| (3) (blank); and
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| (4) is physically, mentally, and professionally |
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| capable
of practicing medicine with reasonable |
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| judgment, skill, and
safety. In determining physical, |
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| mental and professional
capacity under this Section, |
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| the Medical Licensing Board
may, upon a showing of a |
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| possible incapacity, compel any
applicant to submit to |
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| a mental or physical examination, or
both. The |
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| Licensing Board may condition or restrict any
license, |
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| subject to the same terms and conditions as are
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| provided for the Medical Disciplinary Board under |
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| Section 22
of this Act. Any such condition of a |
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| restricted license
shall provide that the Chief |
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| Medical Coordinator or Deputy
Medical Coordinator |
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| shall have the authority to review the
subject |
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| physician's compliance with such conditions or
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| restrictions, including, where appropriate, the |
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| physician's
record of treatment and counseling |
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| regarding the impairment,
to the extent permitted by |
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| applicable federal statutes and
regulations |
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| safeguarding the confidentiality of medical
records of |
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| patients.
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| In determining professional capacity under this
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| Section any individual who has not been actively engaged in
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| the practice of medicine or as a medical, osteopathic, or
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| chiropractic student or who has not been engaged in a |
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| formal
program of medical education during the 2 years
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| immediately preceding their application may be required to
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| complete such additional testing, training, or remedial
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| education as the Licensing Board may deem necessary in |
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| order
to establish the applicant's present capacity to |
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| practice
medicine with reasonable judgment, skill, and |
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| safety.
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| (C) Designate specifically the name, location, and
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| kind of professional school, college, or institution of
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| which the applicant is a graduate and the category under
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| which the applicant seeks, and will undertake, to practice.
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| (C-5) Submit to the Department all applicable |
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| information required under Section 24.1 of this Act, in a |
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| form and manner determined by the Department.
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| (D) Pay to the Department at the time of application
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| the required fees.
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| (E) Pursuant to Department rules, as required, pass an
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| examination authorized by the Department to determine
the |
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| applicant's fitness to receive a license.
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| (F) Complete the application process within 3 years |
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| from the date of
application. If the process has not been |
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| completed within 3 years, the
application shall be denied, |
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| application fees shall be forfeited, and the
applicant
must |
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| reapply and meet the requirements in effect at the time of
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LRB095 17528 RAS 43602 b |
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| reapplication.
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| (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
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| (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 21. License renewal; restoration; inactive status; |
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| disposition and
collection of fees. |
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| (A) Renewal. The expiration date and renewal period for |
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| each
license issued under this Act shall be set by rule. The |
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| holder of a
license may renew the license by paying the |
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| required fee and submitting to or updating with the Department |
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| all applicable information required under Section 24.1 of this |
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| Act, in a form and manner determined by the Department . The
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| holder of a
license may also renew the license within 90 days |
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| after its expiration by
complying with the requirements for |
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| renewal and payment of an additional
fee. A license renewal |
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| within 90 days after expiration shall be effective
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| retroactively to the expiration date.
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| The Department shall mail to each licensee under this
Act, |
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| at his or her last known address, at least
60 days
in advance |
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| of the expiration date of his or her license, a notice
of that |
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| fact and an application for renewal form. No such
license shall |
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| be deemed to have lapsed until 90 days after the expiration
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| date and after such notice and application have been mailed by |
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Department as herein provided.
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| (B) Restoration. Any licensee who has permitted his or her
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LRB095 17528 RAS 43602 b |
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| license to lapse or who has had his or her license on inactive
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| status may have his or her license restored by making |
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| application
to the Department , submitting to or updating with |
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| the Department all applicable information required under |
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| Section 24.1 of this Act, in a form and manner determined by |
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| the Department, and filing proof acceptable to the
Department |
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| of his or her fitness to have the
license restored,
including |
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| evidence certifying to active practice in another
jurisdiction |
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| satisfactory to the Department, proof of meeting the continuing
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| education requirements for one renewal period, and by paying
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| the required restoration fee.
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| If the licensee has not maintained an active practice
in |
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| another jurisdiction satisfactory to the Department, the
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| Licensing Board shall determine, by an evaluation program
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| established by rule, the applicant's fitness to resume active
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| status
and may require the licensee to complete a period of
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| evaluated clinical experience and may require successful
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| completion of the practical examination.
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| However, any registrant whose license has expired while
he |
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| or she has been engaged (a) in Federal Service on active
duty
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| with the Army of the United States, the United States Navy,
the |
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| Marine Corps, the Air Force, the Coast Guard, the Public
Health |
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| Service or the State Militia called into the service
or |
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| training of the United States of America, or (b) in
training or |
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| education under the supervision of the United
States |
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| preliminary to induction into the military service,
may have |
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LRB095 17528 RAS 43602 b |
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| his or her license reinstated or restored without paying
any |
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| lapsed renewal fees, if within 2 years after honorable
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| termination of such service, training, or education, he or she
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| furnishes to the Department with satisfactory evidence to the
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| effect that he or she has been so engaged and that his or
her
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| service, training, or education has been so terminated.
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| (C) Inactive licenses. Any licensee who notifies the
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| Department, in writing on forms prescribed by the
Department, |
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| may elect to place his or her license on an inactive
status and |
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| shall, subject to rules of the Department, be
excused from |
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| payment of renewal fees until he or she notifies the
Department |
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| in writing of his or her desire to resume active
status.
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| Any licensee requesting restoration from inactive
status |
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| shall be required to pay the current renewal fee, provide proof |
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| of
meeting the continuing education requirements for the period |
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| of time the
license is inactive not to exceed one renewal |
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| period, and
shall be required to restore his or her license as |
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| provided
in
subsection (B).
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| Any licensee whose license is in an inactive status
shall |
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| not practice in the State of Illinois.
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| (D) Disposition of monies collected. All monies
collected |
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| under this Act by the Department shall be
deposited in the |
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| Illinois State Medical Disciplinary Fund in
the State Treasury, |
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| and used only for the following
purposes: (a) by the Medical |
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| Disciplinary
Board in the exercise of its powers and |
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| performance of its
duties, as such use is made by the |
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LRB095 17528 RAS 43602 b |
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| Department with full
consideration of all recommendations of |
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| the Medical
Disciplinary Board, (b) for costs directly related |
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| to
persons licensed under this Act, and (c) for direct and |
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| allocable indirect
costs related to the public purposes of the |
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| Department of Professional
Regulation.
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| Moneys in the Fund may be transferred to the Professions |
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| Indirect Cost Fund
as authorized under Section 2105-300 of the |
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| Department of Professional
Regulation Law (20 ILCS |
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| 2105/2105-300).
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| All earnings received from investment of monies in the
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| Illinois State Medical Disciplinary Fund shall be deposited
in |
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| the Illinois State Medical Disciplinary Fund and shall be
used |
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| for the same purposes as fees deposited in such Fund.
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| (E) Fees. The following fees are nonrefundable.
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| (1) Applicants for any examination shall be required
to |
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| pay, either to the Department or to the designated
testing |
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| service, a fee covering the cost of determining the
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| applicant's eligibility and providing the examination.
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| Failure to appear for the examination on the scheduled |
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| date,
at the time and place specified, after the |
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| applicant's
application for examination has been received |
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| and
acknowledged by the Department or the designated |
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| testing
service, shall result in the forfeiture of the |
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| examination
fee.
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| (2) The fee for a license under Section 9 of this Act
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| is $300.
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| (3) The fee for a license under Section 19 of this Act
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| is $300.
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| (4) The fee for the renewal of a license for a resident |
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| of Illinois
shall be calculated at the rate of $100 per |
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| year, except for licensees
who were issued a license within |
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| 12 months of the expiration date of the
license, the fee |
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| for the renewal shall be $100.
The fee for the renewal
of a |
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| license for a nonresident shall be calculated at the rate |
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| of $200 per
year, except for licensees
who were issued a |
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| license within 12 months of the expiration date of the
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| license, the fee for the renewal shall be $200.
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| (5) The fee for the restoration of a license other
than |
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| from inactive status, is $100. In addition, payment of all
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| lapsed renewal fees not to exceed $600 is required.
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| (6) The fee for a 3-year temporary license under
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| Section 17 is $100.
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| (7) The fee for the issuance of a duplicate license,
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| for the issuance of a replacement license for a license
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| which has been lost or destroyed, or for the issuance of a
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| license with a change of name or address other than during
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| the renewal period is $20. No fee is required for name and
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| address changes on Department records when no duplicate
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| license is issued.
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| (8) The fee to be paid for a license record for any
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| purpose is $20.
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| (9) The fee to be paid to have the scoring of an
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| examination, administered by the Department, reviewed and
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| verified, is $20 plus any fees charged by the applicable
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| testing service.
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| (10) The fee to be paid by a licensee for a wall
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| certificate showing his or her license shall be the actual |
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| cost
of producing the certificate.
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| (11) The fee for a roster of persons licensed as
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| physicians in this State shall be the actual cost of
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| producing such a roster.
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| (F) Any person who delivers a check or other payment to the |
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| Department that
is returned to the Department unpaid by the |
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| financial institution upon
which it is drawn shall pay to the |
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| Department, in addition to the amount
already owed to the |
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| Department, a fine of $50. The fines imposed by this Section |
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| are in addition
to any other discipline provided under this Act |
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| for unlicensed
practice or practice on a nonrenewed license. |
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| The Department shall notify
the person that payment of fees and |
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| fines shall be paid to the Department
by certified check or |
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| money order within 30 calendar days of the
notification. If, |
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| after the expiration of 30 days from the date of the
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| notification, the person has failed to submit the necessary |
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| remittance, the
Department shall automatically terminate the |
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| license or certificate or deny
the application, without |
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| hearing. If, after termination or denial, the
person seeks a |
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| license or certificate, he or she shall apply to the
Department |
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| for restoration or issuance of the license or certificate and
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| pay all fees and fines due to the Department. The Department |
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| may establish
a fee for the processing of an application for |
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| restoration of a license or
certificate to pay all expenses of |
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| processing this application. The Director
may waive the fines |
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| due under this Section in individual cases where the
Director |
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| finds that the fines would be unreasonable or unnecessarily
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| burdensome.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, |
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| eff.
6-28-01; 92-146, eff. 1-1-02 .)
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| (225 ILCS 60/24.1) |
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| (Section scheduled to be repealed on December 31, 2008) |
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| Sec. 24.1. Physician profile. |
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| (a) This Section may be cited as the Patients' Right to |
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| Know Law.
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| (b) Beginning on or before September 1, 2008, the The |
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| Department shall make available to the public a profile of each |
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| physician. The Department shall make this information |
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| available through an Internet web site and, if requested, in |
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| writing. The physician profile shall contain the following |
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| information: |
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| (1) the full name of the physician;
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| (2) a description of any criminal convictions for |
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| felonies and Class A misdemeanors, as determined by the |
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| Department, within the most recent 5 years. For the |
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| purposes of this Section, a person shall be deemed to be |
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| convicted of a crime if he or she pleaded guilty or if he |
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| was found or adjudged guilty by a court of competent |
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| jurisdiction;
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| (3) a description of any final Department disciplinary |
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| actions within the most recent 5 years;
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| (4) a description of any final disciplinary actions by |
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| licensing boards in other states within the most recent 5 |
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| years;
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| (5) a description of revocation or involuntary |
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| restriction of hospital privileges for reasons related to |
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| competence or character that have been taken by the |
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| hospital's governing body or any other official of the |
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| hospital after procedural due process has been afforded, or |
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| the resignation from or nonrenewal of medical staff |
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| membership or the restriction of privileges at a hospital |
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| taken in lieu of or in settlement of a pending disciplinary |
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| case related to competence or character in that hospital. |
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| Only cases which have occurred within the most recent 5 |
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| years shall be disclosed by the Department to the public;
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| (6) all medical malpractice court judgments and all |
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| medical malpractice arbitration awards in which a payment |
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| was awarded to a complaining party during the most recent 5 |
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| years and all settlements of medical malpractice claims in |
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| which a payment was made to a complaining party within the |
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| most recent 5 years. A medical malpractice judgment or |
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| award that has been appealed shall be identified |
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LRB095 17528 RAS 43602 b |
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| prominently as "Under Appeal" on the profile within 20 days |
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| of formal written notice to the Department. Information |
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| concerning all settlements shall be accompanied by the |
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| following statement: "Settlement of a claim may occur for a |
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| variety of reasons which do not necessarily reflect |
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| negatively on the professional competence or conduct of the |
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| physician. A payment in settlement of a medical malpractice |
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| action or claim should not be construed as creating a |
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| presumption that medical malpractice has occurred." |
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| Nothing in this subdivision (6) shall be construed to limit |
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| or prevent the Disciplinary Board from providing further |
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| explanatory information regarding the significance of |
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| categories in which settlements are reported. Pending |
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| malpractice claims shall not be disclosed by the Department |
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| to the public. Nothing in this subdivision (6) shall be |
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| construed to prevent the Disciplinary Board from |
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| investigating and the Department from disciplining a |
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| physician on the basis of medical malpractice claims that |
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| are pending;
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| (7) names of medical schools attended, dates of |
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| attendance, and date of graduation;
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| (8) graduate medical education;
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| (9) specialty board certification. The toll-free |
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| number of the American Board of Medical Specialties shall |
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| be included to verify current board certification status;
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| (10) number of years in practice and locations;
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| (11) names of the hospitals where the physician has |
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| privileges;
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| (12) appointments to medical school faculties and |
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| indication as to whether a physician has a responsibility |
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| for graduate medical education within the most recent 5 |
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| years;
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| (13) information regarding publications in |
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| peer-reviewed medical literature within the most recent 5 |
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| years;
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| (14) information regarding professional or community |
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| service activities and awards;
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| (15) the location of the physician's primary practice |
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| setting;
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| (16) identification of any translating services that |
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| may be available at the physician's primary practice |
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| location;
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| (17) an indication of whether the physician |
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| participates in the Medicaid program.
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| (c) The Disciplinary Board shall provide individual |
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| physicians with a copy of their profiles prior to release to |
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| the public. A physician shall be provided 60 days to correct |
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| factual inaccuracies that appear in such profile.
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| (d) A physician may elect to have his or her profile omit |
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| certain information provided pursuant to subdivisions (12) |
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| through (14) of subsection (b) concerning academic |
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| appointments and teaching responsibilities, publication in |
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HB4554 |
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LRB095 17528 RAS 43602 b |
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| peer-reviewed journals and professional and community service |
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| awards. In collecting information for such profiles and in |
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| disseminating the same, the Disciplinary Board shall inform |
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| physicians that they may choose not to provide such information |
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| required pursuant to subdivisions (12) through (14) of |
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| subsection (b).
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| (e) The Department shall promulgate such rules as it deems |
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| necessary to accomplish the requirements of this Section , |
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| including rules related to the submission of required |
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| information by physicians under this Section .
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| (Source: P.A. 94-677, eff. 8-25-05 .)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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