SB0558 95TH GENERAL ASSEMBLY

LRB095 06539 RAS 26641 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0558

Introduced 2/8/2007, by Sen. Ms. Mattie Hunter

SYNOPSIS AS INTRODUCED:

110 ILCS 55/3 new
225 ILCS 60/19	from Ch. 111, par. 4400-19
225 ILCS 60/20	from Ch. 111, par. 4400-20

Amends the Medical School Curriculum Act. Provides that the curriculum in each medical school operated in this State must include instruction in cultural competency designed to address the problem of race-based and gender-based disparities in medical treatment decisions. Requires a medical school that includes such instruction in its curricula to offer, for continuing education credit, cultural competency training that is provided through classroom instruction, workshops, or other educational programs sponsored by the school and that meets continuing education criteria established by the Department of Financial and Professional Regulation under the Medical Practice Act of 1987. Amends the Medical Practice Act of 1987. Requires an applicant for licensure under the Act who is licensed in another jurisdiction to have completed cultural competency training consistent with that required under the Medical School Curriculum Act. Provides that continuing education requirements for persons licensed under the Act who did not receive instruction in cultural competency must include the completion of cultural competency training during the first renewal cycle immediately following the effective date of the amendatory Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Medical School Curriculum Act is amended by adding Section 3 as follows:

(110 ILCS 55/3 new)

Sec. 3. Cultural competency training.

(a) The curriculum in each medical school operated in this State must include instruction in cultural competency designed to address the problem of race-based and gender-based disparities in medical treatment decisions and developed in consultation with the Association of American Medical Colleges or another nationally recognized organization that reviews medical school curricula.

(b) Completion of cultural competency instruction as provided in subsection (a) of this Section must be required as a condition of receiving a diploma from a medical school operated in this State.

(c) A medical school that includes instruction in cultural competency as provided in subsection (a) of this Section in its curricula must offer, for continuing education credit, cultural competency training, consistent with the instruction developed pursuant to subsection (a) of this Section, that is provided through classroom instruction, workshops, or other educational programs sponsored by the school and that meets continuing education criteria established by the Department of Financial and Professional Regulation under the Medical Practice Act of 1987.

Section 10. The Medical Practice Act of 1987 is amended by changing Sections 19 and 20 as follows:

(225 ILCS 60/19) (from Ch. 111, par. 4400-19)

(Section scheduled to be repealed on December 31, 2008)

Sec. 19. Licensure without examination. The Department may, in its discretion, issue a license without examination to any person who is currently licensed to practice medicine in all of its branches, or to practice the treatment of human ailments without the use of drugs or operative surgery, in any other state, territory, country or province, upon the following conditions:

(A) (Blank);

(B) That the applicant is of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities which would constitute grounds for discipline under this Act. The Department may also request the applicant to submit, and may consider as evidence of moral character, endorsements from 2 or 3 individuals licensed under this Act;

(C) That the applicant is physically, mentally and professionally capable of practicing medicine with reasonable judgment, skill and safety. In determining physical, mental and professional capacity under this Section the Medical Licensing Board may, upon a showing of a possible incapacity, compel an applicant to submit to a mental or physical examination, or both, and may condition or restrict any license, subject to the same terms and conditions as are provided for the Medical Disciplinary Board under Section 22 of this Act. The Medical Licensing Board or the Department may order the examining physician to present testimony concerning this mental or physical examination of the applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between the applicant and the examining physician. Any condition of restricted license shall provide that the Chief Medical Coordinator or Deputy Medical Coordinator shall have the authority to review the subject physician's compliance with such conditions or restrictions, including, where appropriate, the physician's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records of patients.

(D) That if the applicant seeks to practice medicine in all of its branches:

(1) if the applicant was licensed in another jurisdiction prior to January 1, 1988, that the applicant has satisfied the educational requirements of paragraph (1) of subsection (A) or paragraph (2) of subsection (A) of Section 11 of this Act; or

(2) if the applicant was licensed in another jurisdiction after December 31, 1987, that the applicant has satisfied the educational requirements of paragraph (A)(2) of Section 11 of this Act; and

(3) the requirements for a license to practice medicine in all of its branches in the particular state, territory, country or province in which the applicant is licensed are deemed by the Department to have been substantially equivalent to the requirements for a license to practice medicine in all of its branches in force in this State at the date of the applicant's license;

(E) That if the applicant seeks to treat human ailments without the use of drugs and without operative surgery:

(1) the applicant is a graduate of a chiropractic school or college approved by the Department at the time of their graduation;

(2) the requirements for the applicant's license to practice the treatment of human ailments without the use of drugs are deemed by the Department to have been substantially equivalent to the requirements for a license to practice in this State at the date of the applicant's license;

(F) That the Department may, in its discretion, issue a license, without examination, to any graduate of a medical or osteopathic college, reputable and in good standing in the judgment of the Department, who has passed an examination for admission to the United States Public Health Service, or who has passed any other examination deemed by the Department to have been at least equal in all substantial respects to the examination required for admission to any such medical corps;

(G) That applications for licenses without examination shall be filed with the Department, under oath, on forms prepared and furnished by the Department, and shall set forth, and applicants therefor shall supply such information respecting the life, education, professional practice, and moral character of applicants as the Department may require to be filed for its use;

(H) That the applicant undergo the criminal background check established under Section 9.7 of this Act; and .

(I) That the applicant has completed cultural competency training consistent with that required under the Medical School Curriculum Act to the satisfaction of the Department.

In the exercise of its discretion under this Section, the Department is empowered to consider and evaluate each applicant on an individual basis. It may take into account, among other things, the extent to which there is or is not available to the Department, authentic and definitive information concerning the quality of medical education and clinical training which the applicant has had. Under no circumstances shall a license be issued under the provisions of this Section to any person who has previously taken and failed the written examination conducted by the Department for such license. In determining moral character, the Department may take into consideration whether the applicant has engaged in conduct or activities which would constitute grounds for discipline under this Act. The Department may also request the applicant to submit, and may consider as evidence of moral character, evidence from 2 or 3 individuals licensed under this Act. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99.)

(225 ILCS 60/20) (from Ch. 111, par. 4400-20)

(Section scheduled to be repealed on December 31, 2008)

Sec. 20. Continuing education. The Department shall promulgate rules of continuing education for persons licensed under this Act that require 150 hours of continuing education per license renewal cycle. These rules shall be consistent with requirements of relevant professional associations, speciality societies, or boards. The rules shall also address variances in part or in whole for good cause, including but not limited to illness or hardship. In establishing these rules, the Department shall consider educational requirements for medical staffs, requirements for specialty society board certification or for continuing education requirements as a condition of membership in societies representing the 2 categories of licensee under this Act. These rules shall assure that licensees are given the opportunity to participate in those programs sponsored by or through their professional associations or hospitals which are relevant to their practice. Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Department.

Continuing education requirements for persons licensed under this Act who did not receive instruction in cultural competency consistent with that required under the Medical School Curriculum Act as part of the medical school curriculum, including persons licensed in this State who did not attend medical school in this State, must include the completion of cultural competency training that is offered pursuant to subsection (c) of Section 3 of the Medical School Curriculum Act during the first renewal cycle immediately following the effective date of this amendatory Act of the 95th General Assembly. The Department may waive the cultural competency continuing education requirement for any licensee who demonstrates to the satisfaction of the Department that he or she has attained the substantial equivalent of this requirement through completion of a similar course in his or her post-secondary education.

(Source: P.A. 92-750, eff. 1-1-03.)

Section 99. Effective date. This Act takes effect upon becoming law.