Full Text of SB2608 94th General Assembly
SB2608sam001 94TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 2/28/2006
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09400SB2608sam001 |
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LRB094 16802 RAS 56608 a |
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| AMENDMENT TO SENATE BILL 2608
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| AMENDMENT NO. ______. Amend Senate Bill 2608 on page 1, | 3 |
| immediately below line 23, by inserting the following:
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| "Section 10. The Medical Practice Act of 1987 is amended by | 5 |
| changing Sections 7.5, 9, 18, 19, 23, and 26 and by adding | 6 |
| Section 24.2 as follows:
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| (225 ILCS 60/7.5)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7.5. Complaint Committee.
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| (a) There shall be a Complaint Committee of the | 11 |
| Disciplinary Board
composed of at least one of the medical | 12 |
| coordinators established by subsection
(g) of Section 7 of this | 13 |
| Act, the Chief of Medical Investigations (person
employed by | 14 |
| the Department who is in charge of investigating complaints | 15 |
| against
physicians and physician assistants), and at least 3 | 16 |
| voting members of the
Disciplinary Board (at least 2 of whom | 17 |
| shall be physicians) designated by the
Chairman of the Medical | 18 |
| Disciplinary Board with the approval of the
Disciplinary Board. | 19 |
| The Disciplinary Board members so appointed shall serve
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| one-year terms and may be eligible for reappointment
for | 21 |
| subsequent terms.
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| (b) The Complaint Committee shall meet at least twice a | 23 |
| month to
exercise its functions and duties set forth in | 24 |
| subsection (c) below. At least 2
members of the Disciplinary |
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| Board shall be in attendance in order for any
business to be | 2 |
| transacted by the Complaint Committee. The Complaint Committee
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| shall make every effort to consider expeditiously and take | 4 |
| prompt action on
each item on its agenda.
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| (c) The Complaint Committee shall have the following duties | 6 |
| and functions:
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| (1) To recommend to the Disciplinary Board that a | 8 |
| complaint file be
closed.
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| (2) To refer a complaint file to the office of the | 10 |
| Chief of Medical
Prosecutions (person employed by the | 11 |
| Department who is in charge of
prosecuting formal | 12 |
| complaints against licensees) for review.
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| (3) To make a decision in conjunction with the Chief of | 14 |
| Medical
Prosecutions regarding action to be taken on a | 15 |
| complaint file.
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| (d) In determining what action to take or whether to | 17 |
| proceed with
prosecution of a complaint, the Complaint | 18 |
| Committee shall consider, but not be
limited to, the following | 19 |
| factors: sufficiency of the evidence presented,
prosecutorial | 20 |
| merit under Section 22 of this Act, any recommendation made by | 21 |
| the Department, and insufficient cooperation
from complaining | 22 |
| parties.
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| (Source: P.A. 93-214, eff. 1-1-04.)
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| (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 9. Application for license. Each applicant for a | 27 |
| 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 | 2 |
| take into
consideration whether the applicant has | 3 |
| engaged in conduct
or activities which would | 4 |
| constitute grounds for discipline
under this Act. The | 5 |
| Department may also request the
applicant to submit, | 6 |
| and may consider as evidence of moral
character, | 7 |
| endorsements from 2 or 3 individuals licensed
under | 8 |
| this Act;
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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 | 13 |
| capable
of practicing medicine with reasonable | 14 |
| judgment, skill, and
safety. In determining physical, | 15 |
| mental and professional
capacity under this Section, | 16 |
| the Medical Licensing Board
may, upon a showing of a | 17 |
| possible incapacity, compel any
applicant to submit to | 18 |
| a mental or physical examination, or
both. The | 19 |
| Licensing Board may condition or restrict any
license, | 20 |
| subject to the same terms and conditions as are
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| provided for the Medical Disciplinary Board under | 22 |
| Section 22
of this Act. Any such condition of a | 23 |
| restricted license
shall provide that the Chief | 24 |
| Medical Coordinator or Deputy
Medical Coordinator | 25 |
| shall have the authority to review the
subject | 26 |
| physician's compliance with such conditions or
| 27 |
| restrictions, including, where appropriate, the | 28 |
| physician's
record of treatment and counseling | 29 |
| regarding the impairment,
to the extent permitted by | 30 |
| applicable federal statutes and
regulations | 31 |
| safeguarding the confidentiality of medical
records of | 32 |
| patients.
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| In determining professional capacity under this
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| Section , an
any individual who has not been actively |
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| engaged in
the practice of medicine or as a medical, | 2 |
| osteopathic, or
chiropractic student or who has not been | 3 |
| engaged in a formal
program of medical education during the | 4 |
| 2 years
immediately preceding their application may be | 5 |
| required to
complete such additional testing, training, or | 6 |
| remedial
education as the Licensing Board may deem | 7 |
| necessary in order
to establish the applicant's present | 8 |
| capacity to practice
medicine with reasonable judgment, | 9 |
| skill, and safety. The Medical Licensing Board may consider | 10 |
| all of the following criteria as they relate to an | 11 |
| applicant, as part of its determination of professional | 12 |
| capacity: | 13 |
| (1) Medical research in an established research | 14 |
| facility, hospital, college or university, or private | 15 |
| corporation. | 16 |
| (2) Specialized training or education. | 17 |
| (3) Publication of original work in learned, | 18 |
| medical or scientific journals. | 19 |
| (4) Participation in federal, State, local, or | 20 |
| international public health programs or organizations. | 21 |
| (5) Professional service in a federal veterans or | 22 |
| military institution. | 23 |
| (6) Any other professional activities deemed to | 24 |
| maintain and enhance the clinical capabilities of the | 25 |
| applicant.
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| Any applicant applying for a license to practice | 27 |
| medicine in all of its branches or for a license as a | 28 |
| chiropractic physician who has not been engaged in the | 29 |
| active practice of medicine or has not been enrolled in a | 30 |
| medical program for 2 years prior to application must | 31 |
| submit proof of professional capacity to the Medical | 32 |
| Licensing Board. | 33 |
| Any applicant applying for a temporary license that has | 34 |
| not been engaged in the active practice of medicine or has |
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| not been enrolled in a medical program for longer than 5 | 2 |
| years prior to application must submit proof of | 3 |
| professional capacity to the Medical Licensing Board.
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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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| (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 | 12 |
| applicant's fitness to receive a license.
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| (F) Complete the application process within 3 years | 14 |
| from the date of
application. If the process has not been | 15 |
| completed within 3 years, the
application shall be denied, | 16 |
| application fees shall be forfeited, and the
applicant
must | 17 |
| reapply and meet the requirements in effect at the time of
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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 60/18) (from Ch. 111, par. 4400-18)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 18. Visiting professor, physician, or resident | 23 |
| permits.
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| (A) Visiting professor permit.
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| (1) A visiting professor permit shall
entitle a person | 26 |
| to practice medicine in all of its branches
or to practice | 27 |
| the treatment of human ailments without the
use of drugs | 28 |
| and without operative surgery provided:
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| (a) the person maintains an equivalent | 30 |
| authorization
to practice medicine in all of its | 31 |
| branches or to practice
the treatment of human ailments | 32 |
| without the use of drugs
and without operative surgery | 33 |
| in good standing in their
native licensing |
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| jurisdiction during the period of the
visiting | 2 |
| professor permit;
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| (b) the person has received a faculty appointment | 4 |
| to
teach in a medical, osteopathic or chiropractic | 5 |
| school in
Illinois; and
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| (c) the Department may prescribe the information | 7 |
| necessary to
establish
an applicant's eligibility for | 8 |
| a permit. This information shall include
without | 9 |
| limitation (i) a statement from the dean of the medical | 10 |
| school at which
the
applicant will be employed | 11 |
| describing the applicant's qualifications and (ii)
a | 12 |
| statement from the dean of the medical school listing | 13 |
| every affiliated
institution in which the applicant | 14 |
| will be providing instruction as part of the
medical | 15 |
| school's education program and justifying any clinical | 16 |
| activities at
each of the institutions listed by the | 17 |
| dean.
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| (2) Application for visiting professor permits shall
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| be made to the Department, in writing, on forms prescribed
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| by the Department and shall be accompanied by the required
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| fee established by rule, which shall not be refundable. Any | 22 |
| application
shall require the information as, in the | 23 |
| judgment of the Department, will
enable the Department to | 24 |
| pass on the qualifications of the applicant.
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| (3) A visiting professor permit shall be valid for no | 26 |
| longer than 2
years from the date of issuance or until the | 27 |
| time the
faculty appointment is terminated, whichever | 28 |
| occurs first,
and may be renewed only in accordance with | 29 |
| subdivision (A)(6) of this
Section.
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| (4) The applicant may be required to appear before the
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| Medical Licensing Board for an interview prior to, and as a
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| requirement for, the issuance of the original permit and | 33 |
| the
renewal.
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| (5) Persons holding a permit under this Section shall
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| only practice medicine in all of its branches or practice
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| the treatment of human ailments without the use of drugs
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| and without operative surgery in the State of Illinois in
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| their official capacity under their contract
within the | 5 |
| medical school itself and any affiliated institution in | 6 |
| which the
permit holder is providing instruction as part of | 7 |
| the medical school's
educational program and for which the | 8 |
| medical school has assumed direct
responsibility.
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| (6) After the initial renewal of a visiting professor | 10 |
| permit, a
A visiting professor permit shall be valid until | 11 |
| the last day of the
next physician license renewal period, | 12 |
| as set by rule, and may only be
renewed for applicants who | 13 |
| meet the following requirements:
| 14 |
| (i) have obtained the required continuing | 15 |
| education hours as set by
rule; and
| 16 |
| (ii) have paid the fee prescribed for a license | 17 |
| under Section 21 of this
Act.
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| For initial renewal, the visiting professor must | 19 |
| successfully pass a
general competency examination authorized | 20 |
| by the Department by rule.
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| (B) Visiting physician permit.
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| (1) The Department may, in its discretion, issue a | 23 |
| temporary visiting
physician permit, without examination, | 24 |
| provided:
| 25 |
| (a) (blank);
| 26 |
| (b) that the person maintains an equivalent | 27 |
| authorization to practice
medicine in all of its | 28 |
| branches or to practice the treatment of human
ailments | 29 |
| without the use of drugs and without operative surgery | 30 |
| in good
standing in his or her native licensing | 31 |
| jurisdiction during the period of the
temporary | 32 |
| visiting physician permit;
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| (c) that the person has received an invitation or |
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| appointment to study,
demonstrate, or perform a
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| specific medical, osteopathic, chiropractic or | 3 |
| clinical subject or
technique in a medical, | 4 |
| osteopathic, or chiropractic school, a hospital
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| licensed under the Hospital Licensing Act, a hospital | 6 |
| organized
under the University of Illinois Hospital | 7 |
| Act, or a facility operated
pursuant to the Ambulatory | 8 |
| Surgical Treatment Center Act; and
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| (d) that the temporary visiting physician permit | 10 |
| shall only permit the
holder to practice medicine in | 11 |
| all of its branches or practice the
treatment of human | 12 |
| ailments without the use of drugs and without operative
| 13 |
| surgery within the scope of the medical, osteopathic, | 14 |
| chiropractic, or
clinical studies for which the holder | 15 |
| was invited or appointed.
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| (2) The application for the temporary visiting | 17 |
| physician permit shall be
made to the Department, in | 18 |
| writing, on forms prescribed by the
Department, and shall | 19 |
| be accompanied by the required fee established by
rule, | 20 |
| which shall not be refundable. The application shall | 21 |
| require
information that, in the judgment of the | 22 |
| Department, will enable the
Department to pass on the | 23 |
| qualification of the applicant, and the necessity
for the | 24 |
| granting of a temporary visiting physician permit.
| 25 |
| (3) A temporary visiting physician permit shall be | 26 |
| valid for 180
days
from the date of issuance or until the | 27 |
| time the medical, osteopathic,
chiropractic, or clinical | 28 |
| studies are completed, whichever occurs first.
| 29 |
| (4) The applicant for a temporary visiting physician | 30 |
| permit may be
required to appear before the Medical | 31 |
| Licensing Board for an interview
prior to, and as a | 32 |
| requirement for, the issuance of a temporary visiting
| 33 |
| physician permit.
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| (5) A limited temporary visiting physician permit |
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| shall be issued to a
physician licensed in another state | 2 |
| who has been requested to perform emergency
procedures in | 3 |
| Illinois if he or she meets the requirements as established | 4 |
| by
rule.
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| (C) Visiting resident permit.
| 6 |
| (1) The Department may, in its discretion, issue a | 7 |
| temporary visiting
resident permit, without examination, | 8 |
| provided:
| 9 |
| (a) (blank);
| 10 |
| (b) that the person maintains an equivalent | 11 |
| authorization to practice
medicine in all of its | 12 |
| branches or to practice the treatment of human
ailments | 13 |
| without the use of drugs and without operative surgery | 14 |
| in good
standing in his or her native licensing | 15 |
| jurisdiction during the period of
the temporary | 16 |
| visiting resident permit;
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| (c) that the applicant is enrolled in a | 18 |
| postgraduate clinical training
program outside the | 19 |
| State of Illinois that is approved by the Department;
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| (d) that the individual has been invited or | 21 |
| appointed for a specific
period of time to perform a | 22 |
| portion of that post graduate clinical training
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| program under the supervision of an Illinois licensed | 24 |
| physician in an
Illinois patient care clinic or | 25 |
| facility that is affiliated with the
out-of-State post | 26 |
| graduate training program; and
| 27 |
| (e) that the temporary visiting resident permit | 28 |
| shall only permit the
holder to practice medicine in | 29 |
| all of its branches or practice the
treatment of human | 30 |
| ailments without the use of drugs and without operative
| 31 |
| surgery within the scope of the medical, osteopathic, | 32 |
| chiropractic or
clinical studies for which the holder | 33 |
| was invited or appointed.
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| (2) The application for the temporary visiting | 2 |
| resident permit shall be
made to the Department, in | 3 |
| writing, on forms prescribed by the Department,
and shall | 4 |
| be accompanied by the required fee established by rule. The
| 5 |
| application shall require information that, in the | 6 |
| judgment of the
Department, will enable the Department to | 7 |
| pass on the qualifications of
the applicant.
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| (3) A temporary visiting resident permit shall be valid | 9 |
| for 180 days from
the date of issuance or until the time | 10 |
| the medical, osteopathic,
chiropractic, or clinical | 11 |
| studies are completed, whichever occurs first.
| 12 |
| (4) The applicant for a temporary visiting resident | 13 |
| permit may be
required to appear before the Medical | 14 |
| Licensing Board for an interview
prior to, and as a | 15 |
| requirement for, the issuance of a temporary visiting
| 16 |
| resident permit.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-100, eff. 7-20-01.)
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| (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
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| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 19. Licensure by endorsement
without examination . The | 21 |
| Department may, in its
discretion,
issue a license by | 22 |
| endorsement
without examination to any person who is currently | 23 |
| licensed
to practice medicine in all of its branches,
or to | 24 |
| practice the treatment of human ailments without the
use of | 25 |
| drugs or operative surgery, in any other state,
territory, | 26 |
| country or province, upon the following
conditions:
| 27 |
| (A) (Blank);
| 28 |
| (B) That the applicant is of good moral character. In
| 29 |
| determining moral character under this Section, the
| 30 |
| Department may take into consideration whether the | 31 |
| applicant
has engaged in conduct or activities which would | 32 |
| constitute
grounds for discipline under this Act. The | 33 |
| Department may
also request the applicant to submit, and |
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| may consider as
evidence of moral character, endorsements | 2 |
| from 2 or 3
individuals licensed under this Act;
| 3 |
| (C) That the applicant is physically, mentally and
| 4 |
| professionally capable of practicing medicine with
| 5 |
| reasonable judgment, skill and safety. In determining
| 6 |
| physical, mental and professional capacity under this
| 7 |
| Section the Medical Licensing Board may, upon a showing of
| 8 |
| a possible incapacity, compel an applicant to submit to a
| 9 |
| mental or physical examination, or both, and may condition
| 10 |
| or restrict any license, subject to the same terms and
| 11 |
| conditions as are provided for the Medical Disciplinary
| 12 |
| Board under Section 22 of this Act.
The Medical Licensing | 13 |
| Board or the Department may order the examining
physician
| 14 |
| to present testimony concerning this mental or physical | 15 |
| examination of the
applicant. No information shall be | 16 |
| excluded by reason of any common law or
statutory privilege | 17 |
| relating to communications between the applicant and the
| 18 |
| examining physician.
Any condition of
restricted license | 19 |
| shall provide that the Chief Medical
Coordinator or Deputy | 20 |
| Medical Coordinator shall have the
authority to review the | 21 |
| subject physician's compliance with
such conditions or | 22 |
| restrictions, including, where
appropriate, the | 23 |
| physician's record of treatment and
counseling regarding | 24 |
| the impairment, to the extent permitted
by applicable | 25 |
| federal statutes and regulations safeguarding
the | 26 |
| confidentiality of medical records of patients.
| 27 |
| (D) That if the applicant seeks to practice medicine
in | 28 |
| all of its branches:
| 29 |
| (1) if the applicant was licensed in another | 30 |
| jurisdiction prior to
January
1,
1988, that the | 31 |
| applicant has satisfied the educational
requirements | 32 |
| of paragraph (1) of subsection (A) or paragraph (2) of
| 33 |
| subsection (A) of Section 11 of
this Act; or
| 34 |
| (2) if the applicant was licensed in another |
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| jurisdiction after December
31,
1987, that the | 2 |
| applicant has
satisfied the educational requirements | 3 |
| of paragraph (A)(2)
of Section 11 of this Act; and
| 4 |
| (3) the requirements for a license to practice
| 5 |
| medicine in all of its branches in the particular | 6 |
| state,
territory, country or province in which the | 7 |
| applicant is
licensed are deemed by the Department to | 8 |
| have been
substantially equivalent to the requirements | 9 |
| for a license
to practice medicine in all of its | 10 |
| branches in force in this
State at the date of the | 11 |
| applicant's license;
| 12 |
| (E) That if the applicant seeks to treat human
ailments | 13 |
| without the use of drugs and without operative
surgery:
| 14 |
| (1) the applicant is a graduate of a chiropractic
| 15 |
| school or college approved by the Department at the | 16 |
| time of
their graduation;
| 17 |
| (2) the requirements for the applicant's license | 18 |
| to
practice the treatment of human ailments without the | 19 |
| use of
drugs are deemed by the Department to have been
| 20 |
| substantially equivalent to the requirements for a | 21 |
| license
to practice in this State at the date of the | 22 |
| applicant's
license;
| 23 |
| (F) That the Department may, in its discretion, issue a
| 24 |
| license by endorsement , without examination, to any | 25 |
| graduate of a
medical or osteopathic college, reputable and
| 26 |
| in good standing in the
judgment of the Department, who has | 27 |
| passed an examination
for admission to the United States | 28 |
| Public Health Service, or
who has passed any other | 29 |
| examination deemed by the
Department to have been at least | 30 |
| equal in all substantial
respects to the examination | 31 |
| required for admission to any
such medical corps;
| 32 |
| (G) That applications for licenses by endorsement
| 33 |
| without examination
shall be filed with the Department, | 34 |
| under oath, on forms
prepared and furnished by the |
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| Department, and shall set
forth, and applicants therefor | 2 |
| shall supply such information
respecting the life, | 3 |
| education, professional practice, and
moral character of | 4 |
| applicants as the Department may require
to be filed for | 5 |
| its use;
| 6 |
| (H) That the applicant undergo
the criminal background | 7 |
| check established under Section 9.7 of this Act.
| 8 |
| In the exercise of its discretion under this Section,
the | 9 |
| Department is empowered to consider and evaluate each
applicant | 10 |
| on an individual basis. It may take into account,
among other | 11 |
| things, the extent to which there is or is not
available to the | 12 |
| Department, authentic and definitive
information concerning | 13 |
| the quality of medical education and
clinical training which | 14 |
| the applicant has had. Under no
circumstances shall a license | 15 |
| be issued under the provisions
of this Section to any person | 16 |
| who has previously taken and
failed the written examination | 17 |
| conducted by the Department
for such license. In the exercise | 18 |
| of its discretion under this Section, the Department may, upon | 19 |
| the recommendation of the Medical Licensing Board, require an | 20 |
| applicant to successfully complete an examination as | 21 |
| recommended by the Medical Licensing Board. In determining | 22 |
| moral character, the
Department may take into consideration | 23 |
| whether the applicant
has engaged in conduct or activities | 24 |
| which would constitute
grounds for discipline under this Act. | 25 |
| The Department may
also request the applicant to submit, and | 26 |
| may consider as
evidence of moral character, evidence from 2 or | 27 |
| 3
individuals licensed under this Act.
Applicants have 3 years | 28 |
| from the date of application to complete the
application | 29 |
| process. If the process has not been completed within 3 years, | 30 |
| the
application shall be denied, the fees shall be forfeited, | 31 |
| and the applicant
must reapply and meet the requirements in | 32 |
| effect at the time of
reapplication.
| 33 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99.)
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| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 2 |
| (Section scheduled to be repealed on January 1, 2007)
| 3 |
| Sec. 23. Reports relating to professional conduct
and | 4 |
| capacity. | 5 |
| (A) Entities required to report.
| 6 |
| (1) Health care institutions. The chief administrator
| 7 |
| or executive officer of any health care institution | 8 |
| licensed
by the Illinois Department of Public Health shall | 9 |
| report to
the Disciplinary Board when any person's clinical | 10 |
| privileges
are terminated or are restricted based on a | 11 |
| final
determination made , in accordance with that | 12 |
| institution's by-laws
or rules and regulations , that a | 13 |
| person has either committed
an act or acts which may | 14 |
| directly threaten patient care, and not of an
| 15 |
| administrative nature, or that a person may be mentally or
| 16 |
| physically disabled in such a manner as to endanger | 17 |
| patients
under that person's care. Such officer also shall | 18 |
| report if
a person accepts voluntary termination or | 19 |
| restriction of
clinical privileges in lieu of formal action | 20 |
| based upon conduct related
directly to patient care and
not | 21 |
| of an administrative nature, or in lieu of formal action
| 22 |
| seeking to determine whether a person may be mentally or
| 23 |
| physically disabled in such a manner as to endanger | 24 |
| patients
under that person's care. The Medical | 25 |
| Disciplinary Board
shall, by rule, provide for the | 26 |
| reporting to it of all
instances in which a person, | 27 |
| licensed under this Act, who is
impaired by reason of age, | 28 |
| drug or alcohol abuse or physical
or mental impairment, is | 29 |
| under supervision and, where
appropriate, is in a program | 30 |
| of rehabilitation. Such
reports shall be strictly | 31 |
| confidential and may be reviewed
and considered only by the | 32 |
| members of the Disciplinary
Board, or by authorized staff | 33 |
| as provided by rules of the
Disciplinary Board. Provisions | 34 |
| shall be made for the
periodic report of the status of any |
|
|
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09400SB2608sam001 |
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| 1 |
| such person not less
than twice annually in order that the | 2 |
| Disciplinary Board
shall have current information upon | 3 |
| which to determine the
status of any such person. Such | 4 |
| initial and periodic
reports of impaired physicians shall | 5 |
| not be considered
records within the meaning of The State | 6 |
| Records Act and
shall be disposed of, following a | 7 |
| determination by the
Disciplinary Board that such reports | 8 |
| are no longer required,
in a manner and at such time as the | 9 |
| Disciplinary Board shall
determine by rule. The filing of | 10 |
| such reports shall be
construed as the filing of a report | 11 |
| for purposes of
subsection (C) of this Section.
| 12 |
| (2) Professional associations. The President or chief
| 13 |
| executive officer of any association or society, of persons
| 14 |
| licensed under this Act, operating within this State shall
| 15 |
| report to the Disciplinary Board when the association or
| 16 |
| society renders a final determination that a person has
| 17 |
| committed unprofessional conduct related directly to | 18 |
| patient
care or that a person may be mentally or physically | 19 |
| disabled
in such a manner as to endanger patients under | 20 |
| that person's
care.
| 21 |
| (3) Professional liability insurers. Every insurance
| 22 |
| company which offers policies of professional liability
| 23 |
| insurance to persons licensed under this Act, or any other
| 24 |
| entity which seeks to indemnify the professional liability
| 25 |
| of a person licensed under this Act, shall report to the
| 26 |
| Disciplinary Board the settlement of any claim or cause of
| 27 |
| action, or final judgment rendered in any cause of action,
| 28 |
| which alleged negligence in the furnishing of medical care
| 29 |
| by such licensed person when such settlement or final
| 30 |
| judgment is in favor of the plaintiff.
| 31 |
| (4) State's Attorneys. The State's Attorney of each
| 32 |
| county shall report to the Disciplinary Board all instances
| 33 |
| in which a person licensed under this Act is convicted or
| 34 |
| otherwise found guilty of or enters a plea of guilty to the |
|
|
|
09400SB2608sam001 |
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| 1 |
| commission of any felony or a class A misdemeanor for an | 2 |
| act or conduct similar to an act or conduct that would | 3 |
| constitute grounds for disciplinary action under Section | 4 |
| 22 of this Act, which report must be done within 5 days | 5 |
| after the conviction, finding of guilt, or plea . The | 6 |
| State's Attorney
of each county may report to the | 7 |
| Disciplinary Board through a verified
complaint any | 8 |
| instance in which the State's Attorney believes that a | 9 |
| physician
has willfully violated the notice requirements | 10 |
| of the Parental Notice of
Abortion Act of 1995.
| 11 |
| (5) State agencies. All agencies, boards,
commissions, | 12 |
| departments, or other instrumentalities of the
government | 13 |
| of the State of Illinois shall report to the
Disciplinary | 14 |
| Board any instance arising in connection with
the | 15 |
| operations of such agency, including the administration
of | 16 |
| any law by such agency, in which a person licensed under
| 17 |
| this Act has either committed an act or acts which may be a
| 18 |
| violation of this Act or which may constitute | 19 |
| unprofessional
conduct related directly to patient care or | 20 |
| which indicates
that a person licensed under this Act may | 21 |
| be mentally or
physically disabled in such a manner as to | 22 |
| endanger patients
under that person's care.
| 23 |
| (B) Mandatory reporting. All reports required by items | 24 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 25 |
| Section 23 shall be submitted to the Disciplinary Board in a | 26 |
| timely
fashion. The reports shall be filed in writing within 60
| 27 |
| days after a determination that a report is required under
this | 28 |
| Act. All reports shall contain the following
information:
| 29 |
| (1) The name, address and telephone number of the
| 30 |
| person making the report.
| 31 |
| (2) The name, address and telephone number of the
| 32 |
| person who is the subject of the report.
| 33 |
| (3) The name and date of birth of any
patient or | 34 |
| patients whose treatment is a subject of the
report, if |
|
|
|
09400SB2608sam001 |
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| 1 |
| available, or other means of identification if such | 2 |
| information is not available, identification of the | 3 |
| hospital or other
healthcare facility where the care at | 4 |
| issue in the report was rendered,
provided, however, no | 5 |
| medical records may be
revealed.
| 6 |
| (4) A brief description of the facts which gave rise
to | 7 |
| the issuance of the report, including the dates of any
| 8 |
| occurrences deemed to necessitate the filing of the report.
| 9 |
| (5) If court action is involved, the identity of the
| 10 |
| court in which the action is filed, along with the docket
| 11 |
| number and date of filing of the action.
| 12 |
| (6) Any further pertinent information which the
| 13 |
| reporting party deems to be an aid in the evaluation of the
| 14 |
| report.
| 15 |
| The Disciplinary Board or Department may also exercise the | 16 |
| power under Section
38 of this Act to subpoena copies of | 17 |
| hospital or medical records in mandatory
report cases alleging | 18 |
| death or permanent bodily injury. Appropriate
rules shall be | 19 |
| adopted by the Department with the approval of the Disciplinary
| 20 |
| Board.
| 21 |
| When the Department has received written reports | 22 |
| concerning incidents
required to be reported in items (34), | 23 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 24 |
| failure to report the incident to the Department
under those | 25 |
| items shall not be the sole grounds for disciplinary action.
| 26 |
| Nothing contained in this Section shall act to in any
way, | 27 |
| waive or modify the confidentiality of medical reports
and | 28 |
| committee reports to the extent provided by law. Any
| 29 |
| information reported or disclosed shall be kept for the
| 30 |
| confidential use of the Disciplinary Board, the Medical
| 31 |
| Coordinators, the Disciplinary Board's attorneys, the
medical | 32 |
| investigative staff, and authorized clerical staff,
as | 33 |
| provided in this Act, and shall be afforded the same
status as | 34 |
| is provided information concerning medical studies
in Part 21 |
|
|
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09400SB2608sam001 |
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| 1 |
| of Article VIII of the Code of Civil Procedure, except that the | 2 |
| Department may disclose information and documents to a federal, | 3 |
| State, or local law enforcement agency pursuant to a subpoena | 4 |
| in an ongoing criminal investigation or to another state's or | 5 |
| jurisdiction's medical licensing authority pursuant to an | 6 |
| official request made by that authority . Furthermore, | 7 |
| information and documents disclosed to a federal, State, or | 8 |
| local law enforcement agency may be used by that agency only | 9 |
| for the investigation and prosecution of a criminal offense or, | 10 |
| in the case of disclosure to another medical licensing | 11 |
| authority, only for investigations and disciplinary action | 12 |
| proceedings with regard to a license .
| 13 |
| (C) Immunity from prosecution. Any individual or
| 14 |
| organization acting in good faith, and not in a wilful and
| 15 |
| wanton manner, in complying with this Act by providing any
| 16 |
| report or other information to the Disciplinary Board or a peer | 17 |
| review committee, or
assisting in the investigation or | 18 |
| preparation of such
information, or by voluntarily reporting to | 19 |
| the Disciplinary Board
or a peer review committee information | 20 |
| regarding alleged errors or negligence by a person licensed | 21 |
| under this Act, or by participating in proceedings of the
| 22 |
| Disciplinary Board or a peer review committee, or by serving as | 23 |
| a member of the
Disciplinary Board or a peer review committee, | 24 |
| shall not, as a result of such actions,
be subject to criminal | 25 |
| prosecution or civil damages.
| 26 |
| (D) Indemnification. Members of the Disciplinary
Board, | 27 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 28 |
| the medical investigative staff, physicians
retained under | 29 |
| contract to assist and advise the medical
coordinators in the | 30 |
| investigation, and authorized clerical
staff shall be | 31 |
| indemnified by the State for any actions
occurring within the | 32 |
| scope of services on the Disciplinary
Board, done in good faith | 33 |
| and not wilful and wanton in
nature. The Attorney General shall | 34 |
| defend all such actions
unless he or she determines either that |
|
|
|
09400SB2608sam001 |
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|
| 1 |
| there would be a
conflict of interest in such representation or | 2 |
| that the
actions complained of were not in good faith or were | 3 |
| wilful
and wanton.
| 4 |
| Should the Attorney General decline representation, the
| 5 |
| member shall have the right to employ counsel of his or her
| 6 |
| choice, whose fees shall be provided by the State, after
| 7 |
| approval by the Attorney General, unless there is a
| 8 |
| determination by a court that the member's actions were not
in | 9 |
| good faith or were wilful and wanton.
| 10 |
| The member must notify the Attorney General within 7
days | 11 |
| of receipt of notice of the initiation of any action
involving | 12 |
| services of the Disciplinary Board. Failure to so
notify the | 13 |
| Attorney General shall constitute an absolute
waiver of the | 14 |
| right to a defense and indemnification.
| 15 |
| The Attorney General shall determine within 7 days
after | 16 |
| receiving such notice, whether he or she will
undertake to | 17 |
| represent the member.
| 18 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt | 19 |
| of any report called for by this Act, other than
those reports | 20 |
| of impaired persons licensed under this Act
required pursuant | 21 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 22 |
| shall notify in writing, by certified
mail, the person who is | 23 |
| the subject of the report. Such
notification shall be made | 24 |
| within 30 days of receipt by the
Disciplinary Board of the | 25 |
| report.
| 26 |
| The notification shall include a written notice setting
| 27 |
| forth the person's right to examine the report. Included in
| 28 |
| such notification shall be the address at which the file is
| 29 |
| maintained, the name of the custodian of the reports, and
the | 30 |
| telephone number at which the custodian may be reached.
The | 31 |
| person who is the subject of the report shall submit a written | 32 |
| statement responding,
clarifying, adding to, or proposing the | 33 |
| amending of the
report previously filed. The person who is the | 34 |
| subject of the report shall also submit with the written |
|
|
|
09400SB2608sam001 |
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|
| 1 |
| statement any medical records related to the report. The | 2 |
| statement and accompanying medical records shall become a
| 3 |
| permanent part of the file and must be received by the
| 4 |
| Disciplinary Board no more than
30 days after the date on
which | 5 |
| the person was notified by the Disciplinary Board of the | 6 |
| existence of
the
original report.
| 7 |
| The Disciplinary Board shall review all reports
received by | 8 |
| it, together with any supporting information and
responding | 9 |
| statements submitted by persons who are the
subject of reports. | 10 |
| The review by the Disciplinary Board
shall be in a timely | 11 |
| manner but in no event, shall the
Disciplinary Board's initial | 12 |
| review of the material
contained in each disciplinary file be | 13 |
| less than 61 days nor
more than 180 days after the receipt of | 14 |
| the initial report
by the Disciplinary Board.
| 15 |
| When the Disciplinary Board makes its initial review of
the | 16 |
| materials contained within its disciplinary files, the
| 17 |
| Disciplinary Board shall, in writing, make a determination
as | 18 |
| to whether there are sufficient facts to warrant further
| 19 |
| investigation or action. Failure to make such determination
| 20 |
| within the time provided shall be deemed to be a
determination | 21 |
| that there are not sufficient facts to warrant
further | 22 |
| investigation or action.
| 23 |
| Should the Disciplinary Board find that there are not
| 24 |
| sufficient facts to warrant further investigation, or
action, | 25 |
| the report shall be accepted for filing and the
matter shall be | 26 |
| deemed closed and so reported to the Secretary. The Secretary
| 27 |
| shall then have 30 days to accept the Medical Disciplinary | 28 |
| Board's decision or
request further investigation. The | 29 |
| Secretary shall inform the Board in writing
of the decision to | 30 |
| request further investigation, including the specific
reasons | 31 |
| for the decision. The
individual or entity filing the original | 32 |
| report or complaint
and the person who is the subject of the | 33 |
| report or complaint
shall be notified in writing by the | 34 |
| Secretary of
any final action on their report or complaint.
|
|
|
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09400SB2608sam001 |
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|
| 1 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 2 |
| on a timely basis, but in no event less than one
every other | 3 |
| month, a summary report of final actions taken
upon | 4 |
| disciplinary files maintained by the Disciplinary Board.
This | 5 |
| publication must be made available to the public upon request | 6 |
| and the payment of a fee set by the Department. This | 7 |
| publication may be made available to the public via the | 8 |
| Internet through the State of Illinois web site.
The summary | 9 |
| reports shall be sent by the Disciplinary Board
to every health | 10 |
| care facility licensed by the Illinois
Department of Public | 11 |
| Health, every professional association
and society of persons | 12 |
| licensed under this Act functioning
on a statewide basis in | 13 |
| this State, the American Medical
Association, the American | 14 |
| Osteopathic Association, the
American Chiropractic | 15 |
| Association, all insurers providing
professional liability | 16 |
| insurance to persons licensed under
this Act in the State of | 17 |
| Illinois, the Federation of State
Medical Licensing Boards, and | 18 |
| the Illinois Pharmacists
Association.
| 19 |
| (G) Any violation of this Section shall be a Class A
| 20 |
| misdemeanor.
| 21 |
| (H) If any such person violates the provisions of this
| 22 |
| Section an action may be brought in the name of the People
of | 23 |
| the State of Illinois, through the Attorney General of
the | 24 |
| State of Illinois, for an order enjoining such violation
or for | 25 |
| an order enforcing compliance with this Section.
Upon filing of | 26 |
| a verified petition in such court, the court
may issue a | 27 |
| temporary restraining order without notice or
bond and may | 28 |
| preliminarily or permanently enjoin such
violation, and if it | 29 |
| is established that such person has
violated or is violating | 30 |
| the injunction, the court may
punish the offender for contempt | 31 |
| of court. Proceedings
under this paragraph shall be in addition | 32 |
| to, and not in
lieu of, all other remedies and penalties | 33 |
| provided for by
this Section.
| 34 |
| (Source: P.A. 94-677, eff. 8-25-05.)
|
|
|
|
09400SB2608sam001 |
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|
| 1 |
| (225 ILCS 60/24.2 new)
| 2 |
| Sec. 24.2. Required physician profile information; | 3 |
| administrative penalty.
| 4 |
| (a) All physicians holding active licenses or permits, | 5 |
| excluding temporary licenses, under this Act shall, upon | 6 |
| request of the Department, make available the information | 7 |
| required under Section 24.1 of this Act to complete his or her | 8 |
| physician profile. The Department shall post only that | 9 |
| information provided to the Department. | 10 |
| (b) All requests for information shall be made to the | 11 |
| physician's last known address as reported by the physician to | 12 |
| the Department. It is the responsibility of each physician to | 13 |
| notify the Department of any change of address. | 14 |
| (c) If, after the expiration of 60 calendar days after the | 15 |
| date of request from the Department, the physician has failed | 16 |
| to submit the required information, the Department shall | 17 |
| automatically issue a non-disciplinary warning letter to the | 18 |
| physician. If, after the expiration of an additional 30 | 19 |
| calendar days after the date of second notification from the | 20 |
| Department, the physician has failed to submit the required | 21 |
| information, the Department shall automatically and without | 22 |
| hearing impose an administrative penalty of $100 upon the | 23 |
| physician. Failure to provide the information required to | 24 |
| complete the profile constitutes grounds for revocation of a | 25 |
| license or permit.
| 26 |
| (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
| 27 |
| (Section scheduled to be repealed on January 1, 2007)
| 28 |
| Sec. 26. Advertising.
| 29 |
| (1) Any person licensed under this Act may
advertise the | 30 |
| availability of professional services in the
public media or on | 31 |
| the premises where such professional
services are rendered. | 32 |
| Such advertising shall be limited to
the following information:
|
|
|
|
09400SB2608sam001 |
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LRB094 16802 RAS 56608 a |
|
| 1 |
| (a) Publication of the person's name, title, office
| 2 |
| hours, address and telephone number;
| 3 |
| (b) Information pertaining to the person's areas of
| 4 |
| specialization, including appropriate board certification | 5 |
| or
limitation of professional practice;
| 6 |
| (c) Information on usual and customary fees for
routine | 7 |
| professional services offered, which information
shall | 8 |
| include, notification that fees may be adjusted due to
| 9 |
| complications or unforeseen circumstances;
| 10 |
| (d) Announcement of the opening of, change of, absence
| 11 |
| from, or return to business;
| 12 |
| (e) Announcement of additions to or deletions from
| 13 |
| professional licensed staff;
| 14 |
| (f) The issuance of business or appointment cards.
| 15 |
| (2) It is unlawful for any person licensed under this Act
| 16 |
| to use testimonials or claims of superior quality of care to
| 17 |
| entice the public. It shall be unlawful to advertise fee
| 18 |
| comparisons of available services with those of other
persons | 19 |
| licensed under this Act.
| 20 |
| (3) This Act does not authorize the advertising of
| 21 |
| professional services which the offeror of such services is
not | 22 |
| licensed to render. Nor shall the advertiser use
statements | 23 |
| which contain false, fraudulent, deceptive or
misleading | 24 |
| material or guarantees of success, statements
which play upon | 25 |
| the vanity or fears of the public, or
statements which promote | 26 |
| or produce unfair competition.
| 27 |
| (4) A licensee shall include in every advertisement for | 28 |
| services regulated
under
this Act his or her title as it | 29 |
| appears on the license or the initials
authorized under this | 30 |
| Act.
| 31 |
| (Source: P.A. 91-310, eff. 1-1-00.)
| 32 |
| (225 ILCS 60/32 rep.)
| 33 |
| Section 90. The Medical Practice Act of 1987 is amended by |
|
|
|
09400SB2608sam001 |
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LRB094 16802 RAS 56608 a |
|
| 1 |
| repealing Section 32.".
|
|