Full Text of SB1843 97th General Assembly
SB1843 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1843 Introduced 2/9/2011, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
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225 ILCS 60/2 | from Ch. 111, par. 4400-2 |
225 ILCS 60/3 | from Ch. 111, par. 4400-3 |
225 ILCS 60/15 | from Ch. 111, par. 4400-15 |
225 ILCS 60/49.3 new | |
225 ILCS 60/50 | from Ch. 111, par. 4400-50 |
225 ILCS 60/51 | from Ch. 111, par. 4400-51 |
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Amends the Medical Practice Act. Provides that any person holding a valid license under the Act, including persons licensed as a chiropractic physician, may prescribe, dispense, or administer oxygen. Makes changes in provisions concerning licenses for general practice. Makes corresponding changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing Sections 2, 3, 15, 50, and 51 and by adding Section | 6 | | 49.3 as follows:
| 7 | | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| 8 | | (Section scheduled to be repealed on November 30, 2011)
| 9 | | Sec. 2. Definitions. For purposes of this Act, the
| 10 | | following definitions shall have the following meanings,
| 11 | | except where the context requires otherwise:
| 12 | | 1. "Act" means the Medical Practice Act of 1987.
| 13 | | 2. "Department" means the Department of Professional | 14 | | Regulation.
| 15 | | 3. "Director" means the Director of Professional | 16 | | Regulation.
| 17 | | 4. "Disciplinary Action" means revocation,
suspension, | 18 | | probation, supervision, practice modification,
reprimand, | 19 | | required education, fines or any other action
taken by the | 20 | | Department against a person holding a license.
| 21 | | 5. "Disciplinary Board" means the Medical Disciplinary
| 22 | | Board.
| 23 | | 6. "Final Determination" means the governing body's
final |
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| 1 | | action taken under the procedure followed by a health
care | 2 | | institution, or professional association or society,
against | 3 | | any person licensed under the Act in accordance with
the bylaws | 4 | | or rules and regulations of such health care
institution, or | 5 | | professional association or society.
| 6 | | 7. "Fund" means the Medical Disciplinary Fund.
| 7 | | 8. "Impaired" means the inability to practice
medicine with | 8 | | reasonable skill and safety due to physical or
mental | 9 | | disabilities as evidenced by a written determination
or written | 10 | | consent based on clinical evidence including
deterioration | 11 | | through the aging process or loss of motor
skill, or abuse of | 12 | | drugs or alcohol, of sufficient degree to
diminish a person's | 13 | | ability to deliver competent patient
care.
| 14 | | 9. "Licensing Board" means the Medical Licensing Board.
| 15 | | 10. "Physician" means a person licensed under the
Medical | 16 | | Practice Act to practice medicine in all of its
branches or a | 17 | | chiropractic physician licensed to treat human
ailments | 18 | | without operative surgery and without the use of prescription | 19 | | drugs except as provided in Section 49.3 and without
operative | 20 | | surgery .
| 21 | | 11. "Professional Association" means an association or
| 22 | | society of persons licensed under this Act, and operating
| 23 | | within the State of Illinois, including but not limited to,
| 24 | | medical societies, osteopathic organizations, and
chiropractic | 25 | | organizations, but this term shall not be
deemed to include | 26 | | hospital medical staffs.
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| 1 | | 12. "Program of Care, Counseling, or Treatment" means
a | 2 | | written schedule of organized treatment, care, counseling,
| 3 | | activities, or education, satisfactory to the Disciplinary
| 4 | | Board, designed for the purpose of restoring an impaired
person | 5 | | to a condition whereby the impaired person can
practice | 6 | | medicine with reasonable skill and safety of a
sufficient | 7 | | degree to deliver competent patient care.
| 8 | | (Source: P.A. 85-1209; 85-1245; 85-1440 .)
| 9 | | (225 ILCS 60/3) (from Ch. 111, par. 4400-3)
| 10 | | (Section scheduled to be repealed on November 30, 2011)
| 11 | | Sec. 3. Licensure requirement. No person shall practice | 12 | | medicine, or
any
of its branches, or
treat human ailments | 13 | | without the use of
drugs and without operative surgery and | 14 | | without the use of prescription drugs except as provided in | 15 | | Section 49.3 , without a valid,
existing license to do so, | 16 | | except that a physician who holds
an active license in another | 17 | | state or a second year resident
enrolled in a residency program | 18 | | accredited by the Liaison
Committee on Graduate Medical | 19 | | Education or the Bureau of Professional
Education of the | 20 | | American
Osteopathic Association
may provide medical services | 21 | | to patients in Illinois during
a bonafide emergency in | 22 | | immediate preparation for or during
interstate transit.
| 23 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 24 | | (225 ILCS 60/15) (from Ch. 111, par. 4400-15)
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| 1 | | (Section scheduled to be repealed on November 30, 2011)
| 2 | | Sec. 15. Chiropractic physician; license for general | 3 | | practice. Physician licensed to practice without drugs and | 4 | | operative
surgery; license for general practice. Any physician | 5 | | licensed under this
Act as a chiropractic physician to
treat | 6 | | human ailments without the use of prescriptive drugs
and | 7 | | operative surgery shall be permitted to take the
examination | 8 | | for licensure as a physician to practice medicine in
all its | 9 | | branches and
shall receive a license to practice medicine in | 10 | | all of its
branches if he or she shall successfully pass such
| 11 | | examination, upon proof of having successfully completed in
a | 12 | | medical college, osteopathic college or chiropractic
college | 13 | | reputable and in good standing in the judgment of
the | 14 | | Department, courses of instruction in materia medica,
| 15 | | therapeutics, surgery, obstetrics, and theory and practice
| 16 | | deemed by the Department to be equal to the courses of
| 17 | | instruction required in those subjects for admission to the
| 18 | | examination for a license to practice medicine in all of its
| 19 | | branches, together with proof of having completed (a) the
2 | 20 | | year course of instruction in a college of liberal
arts, or its | 21 | | equivalent, required under this Act, and (b) a
course of | 22 | | postgraduate clinical training of not less than 24
months as | 23 | | approved by the Department.
| 24 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 25 | | (225 ILCS 60/49.3 new) |
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| 1 | | Sec. 49.3. Prescribing, dispensing, or administering | 2 | | oxygen. Any person holding a valid license under this Act, | 3 | | including persons licensed as a chiropractic physician, may | 4 | | prescribe, dispense, or administer oxygen.
| 5 | | (225 ILCS 60/50) (from Ch. 111, par. 4400-50)
| 6 | | (Section scheduled to be repealed on November 30, 2011)
| 7 | | Sec. 50.
Any person who practices as a physician medicine | 8 | | in all
of its branches or treats human ailments without the use | 9 | | of
drugs or operative surgery including, but not limited to, | 10 | | treatment or
diagnosis of any physical or mental ailments or | 11 | | conditions including, but
not limited to, deformities, | 12 | | diseases, disorders, or injuries without a
valid license under | 13 | | the laws of this State shall be sentenced as provided
in | 14 | | Section 59.
| 15 | | (Source: P.A. 87-660 .)
| 16 | | (225 ILCS 60/51) (from Ch. 111, par. 4400-51)
| 17 | | (Section scheduled to be repealed on November 30, 2011)
| 18 | | Sec. 51.
Any person who treats human ailments by
the use of | 19 | | drugs or operative surgery except as provided in Section 49.3 | 20 | | and has only a license
as a chiropractic physician to treat | 21 | | human ailments without the use of drugs and without
operative | 22 | | surgery , shall be sentenced as provided in Section
59.
| 23 | | (Source: P.A. 85-4 .)
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