Full Text of HB1591 094th General Assembly
HB1591 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1591
Introduced 2/16/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Medical Practice Act of 1987 to include naturopathic physicians. Provides for the licensure of naturopathic physicians by the Department of Financial and Professional Regulation. Provides that the Department may grant authority to treat human ailments with limited prescriptive authority or through the performance of minor office procedures to applicants who meet certain requirements. Replaces one public member of the Medical Disciplinary Board (now, 2 members of the Board shall be members of the public) with a physician licensed to practice in Illinois and possessing the degree of doctor of naturopathic medicine. Changes the number of members of the Medical Licensing Board from 7 to 8 and provides that one member of the Board shall be a reputable physician licensed to practice in Illinois and possessing the degree of naturopathic medicine. Sets forth minimum education standards for naturopathic licensure applicants for the practice of treating human ailments without the use of drugs and without operative surgery. Sets forth minimum education standards for applicants for authorization for treating human ailments with limited prescriptive authority and for treating human ailments through the performance of minor office procedures. Makes corresponding changes throughout the Act. Amends the Illinois Controlled Substances Act to include a chiropractic or naturopathic physician with limited prescriptive authority, who issues a prescription for a Schedule III, IV, or V controlled substance in accordance with certain provisions of the Medical Practice Act of 1987, to the definition of "prescriber". Effective 6 months after becoming law.
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A BILL FOR
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HB1591 |
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LRB094 06675 RAS 36769 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 | 5 |
| changing Sections 2, 3, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, | 6 |
| 20, 22, 23, 24, 34, and 51 and by adding Sections 3.1, 3.2, and | 7 |
| 33.5 as follows:
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| (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 2. Definitions. For purposes of this Act, the
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| following definitions shall have the following meanings,
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| except where the context requires otherwise:
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| 1. "Act" means the Medical Practice Act of 1987.
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| 2. "Department" means the Department of Professional | 15 |
| Regulation.
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| 3. "Director" means the Director of Professional | 17 |
| Regulation.
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| 4. "Disciplinary Action" means revocation,
suspension, | 19 |
| probation, supervision, practice modification,
reprimand, | 20 |
| required education, fines or any other action
taken by the | 21 |
| Department against a person holding a license.
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| 5. "Disciplinary Board" means the Medical Disciplinary
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| Board.
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| 6. "Final Determination" means the governing body's
final | 25 |
| action taken under the procedure followed by a health
care | 26 |
| institution, or professional association or society,
against | 27 |
| any person licensed under the Act in accordance with
the bylaws | 28 |
| or rules and regulations of such health care
institution, or | 29 |
| professional association or society.
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| 7. "Fund" means the Medical Disciplinary Fund.
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| 8. "Impaired" means the inability to practice
medicine with | 32 |
| reasonable skill and safety due to physical or
mental |
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| disabilities as evidenced by a written determination
or written | 2 |
| consent based on clinical evidence including
deterioration | 3 |
| through the aging process or loss of motor
skill, or abuse of | 4 |
| drugs or alcohol, of sufficient degree to
diminish a person's | 5 |
| ability to deliver competent patient
care.
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| 9. "Licensing Board" means the Medical Licensing Board.
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| 10. "Physician" means a person licensed under the
Medical | 8 |
| Practice Act to practice medicine in all of its
branches or a | 9 |
| chiropractic or naturopathic physician licensed to treat human
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| ailments without the use of drugs and without
operative | 11 |
| surgery , with limited prescriptive authority, or through the | 12 |
| performance of minor office procedures .
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| 11. "Professional Association" means an association or
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| society of persons licensed under this Act, and operating
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| within the State of Illinois, including but not limited to,
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| medical societies, osteopathic organizations, and
chiropractic | 17 |
| organizations, but this term shall not be
deemed to include | 18 |
| hospital medical staffs.
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| 12. "Program of Care, Counseling, or Treatment" means
a | 20 |
| written schedule of organized treatment, care, counseling,
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| activities, or education, satisfactory to the Disciplinary
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| Board, designed for the purpose of restoring an impaired
person | 23 |
| to a condition whereby the impaired person can
practice | 24 |
| medicine with reasonable skill and safety of a
sufficient | 25 |
| degree to deliver competent patient care. | 26 |
| 13. "Limited prescriptive authority" means the limited | 27 |
| authority to prescribe certain drugs, as determined by the | 28 |
| qualifications set forth in this Act and approved by the Board.
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| 14. "Minor office procedures" means the methods used for | 30 |
| the repair and care incidental to superficial lacerations and | 31 |
| abrasions, superficial lesions, and the removal of foreign | 32 |
| bodies located in the superficial tissues.
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| (Source: P.A. 85-1209; 85-1245; 85-1440.)
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| (225 ILCS 60/3) (from Ch. 111, par. 4400-3)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Licensure requirement. No person shall practice | 2 |
| medicine , or
any
of its branches , or
treat human ailments with | 3 |
| limited prescriptive authority, through the performance of | 4 |
| minor office procedures, or without the use of
drugs and | 5 |
| without operative surgery, without a valid,
existing license to | 6 |
| do so, except that a physician who holds
an active license in | 7 |
| another state or a second year resident
enrolled in a residency | 8 |
| program accredited by the Liaison
Committee on Graduate Medical | 9 |
| Education or the Bureau of Professional
Education of the | 10 |
| American
Osteopathic Association
may provide medical services | 11 |
| to patients in Illinois during
a bonafide emergency in | 12 |
| immediate preparation for or during
interstate transit.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 60/3.1 new)
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| Sec. 3.1. Licensure; naturopathic medicine. The Department | 16 |
| may issue a license to any applicant for a license to practice | 17 |
| naturopathic medicine who (i) has received a degree of "Doctor | 18 |
| of Naturopathic Medicine" or "Doctor of Naturopathy" from a | 19 |
| school or college that meets the criteria specified in | 20 |
| paragraphs (5), (6), or (7) of subsection (B) of Section 11 of | 21 |
| this Act, (ii) has successfully passed the national | 22 |
| naturopathic physicians licensing examination, and (iii) meets | 23 |
| all applicable qualifications set forth in Section 11. | 24 |
| (225 ILCS 60/3.2 new)
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| Sec. 3.2. Limited prescriptive authority; authority to | 26 |
| perform minor office procedures. | 27 |
| (A) The Department may grant authority to treat human | 28 |
| ailments with limited prescriptive authority to any applicant | 29 |
| who meets the requirements set forth in paragraphs (1) and (2) | 30 |
| of subsection (C) of Section 11 of this Act, subject to Section | 31 |
| 33.5 of this Act. | 32 |
| (B) The Department may grant authority to treat human | 33 |
| ailments through the performance of minor office procedures to | 34 |
| any applicant who meets the requirements set forth in |
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| paragraphs (1) and (2) of subsection (D) of Section 11 of this | 2 |
| Act.
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| (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7. Medical Disciplinary Board.
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| (A) There is hereby created the Illinois
State Medical | 7 |
| Disciplinary Board (hereinafter referred to as
the | 8 |
| "Disciplinary Board"). The Disciplinary Board shall
consist of | 9 |
| 9 members, to be appointed by the Governor by and
with the | 10 |
| advice and consent of the Senate. All shall be
residents of the | 11 |
| State, not more than 5 of whom shall be
members of the same | 12 |
| political party. Five members shall be
physicians licensed to | 13 |
| practice medicine in all of its
branches in Illinois possessing | 14 |
| the degree of doctor of
medicine. One
Two shall be a member
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| members of the public, who shall not
be engaged in any way, | 16 |
| directly or indirectly, as a provider
providers
of health care. | 17 |
| The 2 public member
members shall act as
a non-voting, | 18 |
| ex-officio member and shall not be considered in determining | 19 |
| the existence, or lack of existence, of a quorum for all | 20 |
| purposes for which a quorum may be called pursuant to this Act
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| voting members . One member shall be a physician
licensed to | 22 |
| practice in Illinois possessing the degree of
doctor of | 23 |
| osteopathy or osteopathic medicine. One member shall be a | 24 |
| physician licensed to practice in Illinois and possessing the | 25 |
| degree of doctor of naturopathic medicine. One member shall be | 26 |
| a
physician licensed to practice in Illinois and possessing the | 27 |
| degree
of doctor of chiropractic.
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| (B) Members of the Disciplinary Board shall be appointed
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| for terms of 4 years. Upon the expiration of the term of
any | 30 |
| member, their successor shall be appointed for a term of
4 | 31 |
| years by the Governor by and with the advice and
consent of the | 32 |
| Senate. The Governor shall fill any vacancy
for the remainder | 33 |
| of the unexpired term by and with the
advice and consent of the | 34 |
| Senate. Upon recommendation of
the Board, any member of the | 35 |
| Disciplinary Board may be
removed by the Governor for |
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| misfeasance, malfeasance, or
wilful neglect of duty, after | 2 |
| notice, and a public hearing,
unless such notice and hearing | 3 |
| shall be expressly waived in
writing. Each member shall serve | 4 |
| on the Disciplinary Board
until their successor is appointed | 5 |
| and qualified. No member
of the Disciplinary Board shall serve | 6 |
| more than 2
consecutive 4 year terms.
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| In making appointments the Governor shall attempt to
insure | 8 |
| that the various social and geographic regions of the
State of | 9 |
| Illinois are properly represented.
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| In making the designation of persons to act for the
several | 11 |
| professions represented on the Disciplinary Board,
the | 12 |
| Governor shall give due consideration to recommendations
by | 13 |
| members of the respective professions and by
organizations | 14 |
| therein.
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| (C) The Disciplinary Board shall annually elect one of
its | 16 |
| voting members as chairperson and one as vice
chairperson. No | 17 |
| officer shall be elected more than twice
in succession to the | 18 |
| same office. Each officer shall serve
until their successor has | 19 |
| been elected and qualified.
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| (D) (Blank).
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| (E) Four voting members of the Disciplinary Board
shall | 22 |
| constitute a quorum. A vacancy in the membership of
the | 23 |
| Disciplinary Board shall not impair the right of a
quorum to | 24 |
| exercise all the rights and perform all the duties
of the | 25 |
| Disciplinary Board. Any action taken by the
Disciplinary Board | 26 |
| under this Act may be authorized by
resolution at any regular | 27 |
| or special meeting and each such
resolution shall take effect | 28 |
| immediately. The Disciplinary
Board shall meet at least | 29 |
| quarterly. The Disciplinary Board
is empowered to adopt all | 30 |
| rules and regulations necessary
and incident to the powers | 31 |
| granted to it under this Act.
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| (F) Each member, and member-officer, of the
Disciplinary | 33 |
| Board shall receive a per diem stipend as the
Director of the | 34 |
| Department, hereinafter referred to as the
Director, shall | 35 |
| determine. The Director shall also
determine the per diem | 36 |
| stipend that each ex-officio member
shall receive. Each member |
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| shall be paid their necessary
expenses while engaged in the | 2 |
| performance of their duties.
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| (G) The Director shall select a Chief Medical
Coordinator | 4 |
| and a Deputy Medical Coordinator who shall not
be members of | 5 |
| the Disciplinary Board. Each medical
coordinator shall be a | 6 |
| physician licensed to practice
medicine in all of its branches, | 7 |
| and the Director shall set
their rates of compensation. The | 8 |
| Director shall assign one
medical coordinator to a region | 9 |
| composed of Cook County and
such other counties as the Director | 10 |
| may deem appropriate,
and such medical coordinator shall locate | 11 |
| their office in
Chicago. The Director shall assign the | 12 |
| remaining medical
coordinator to a region composed of the | 13 |
| balance of counties
in the State, and such medical coordinator | 14 |
| shall locate
their office in Springfield. Each medical | 15 |
| coordinator shall
be the chief enforcement officer of this Act | 16 |
| in their
assigned region and shall serve at the will of the
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| Disciplinary Board.
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| The Director shall employ, in conformity with the
Personnel | 19 |
| Code, not less than one full time investigator
for every 5000 | 20 |
| physicians licensed in the State. Each
investigator shall be a | 21 |
| college graduate with at least 2
years' investigative | 22 |
| experience or one year advanced medical
education. Upon the | 23 |
| written request of the Disciplinary
Board, the Director shall | 24 |
| employ, in conformity with the
Personnel Code, such other | 25 |
| professional, technical,
investigative, and clerical help, | 26 |
| either on a full or
part-time basis as the Disciplinary Board | 27 |
| deems necessary
for the proper performance of its duties.
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| (H) Upon the specific request of the Disciplinary
Board, | 29 |
| signed by either the chairman, vice chairman, or a
medical | 30 |
| coordinator of the Disciplinary Board, the
Department of Human | 31 |
| Services or the
Department of State Police shall make available | 32 |
| any and all
information that they have in their possession | 33 |
| regarding a
particular case then under investigation by the | 34 |
| Disciplinary
Board.
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| (I) Members of the Disciplinary Board shall be immune
from | 36 |
| suit in any action based upon any disciplinary
proceedings or |
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| other acts performed in good faith as members
of the | 2 |
| Disciplinary Board.
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| (J) The Disciplinary Board may compile and establish a
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| statewide roster of physicians and other medical
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| professionals, including the several medical specialties, of
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| such physicians and medical professionals, who have agreed
to | 7 |
| serve from time to time as advisors to the medical
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| coordinators. Such advisors shall assist the medical
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| coordinators in their investigations and participation in
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| complaints against physicians. Such advisors shall serve
under | 11 |
| contract and shall be reimbursed at a reasonable rate for the | 12 |
| services
provided, plus reasonable expenses incurred.
While | 13 |
| serving in this capacity, the advisor, for any act
undertaken | 14 |
| in good faith and in the conduct of their duties
under this | 15 |
| Section, shall be immune from civil suit.
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| (Source: P.A. 93-138, eff. 7-10-03.)
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| (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 8. Medical Licensing Board.
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| (A) There is hereby created a Medical
Licensing Board | 21 |
| (hereinafter referred to as the
"Licensing Board"). The | 22 |
| Licensing Board shall be composed
of 8
7 members, to be | 23 |
| appointed by the Governor by and with
the advice and consent of | 24 |
| the Senate; 5 of whom shall be
reputable physicians licensed to | 25 |
| practice medicine in all of
its branches in Illinois, | 26 |
| possessing the degree of doctor of
medicine; one member shall | 27 |
| be a reputable physician licensed
in Illinois to practice | 28 |
| medicine in all of its branches,
possessing the degree of | 29 |
| doctor of osteopathy or osteopathic medicine; one member shall | 30 |
| be a reputable physician licensed to practice in Illinois and | 31 |
| possessing the degree of doctor of naturopathic medicine; and
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| one
member shall be a reputable physician licensed to practice
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| in Illinois and possessing the degree of doctor of
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| chiropractic. Of the 5 members holding the degree of doctor
of | 35 |
| medicine, one shall be a full-time or part-time teacher
of |
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| professorial rank in the clinical department of an
Illinois | 2 |
| school of medicine.
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| (B) Members of the
Licensing Board shall be appointed for | 4 |
| terms of 4 years, and until their successors are appointed and
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| qualified. Appointments to fill vacancies shall be made in
the | 6 |
| same manner as original appointments, for the unexpired
portion | 7 |
| of the vacated term. No more than 4 members of
the Licensing | 8 |
| Board shall be members of the same political
party and all | 9 |
| members shall be residents of this State. No
member of the | 10 |
| Licensing Board may be appointed to more than
2 successive 4 | 11 |
| year terms. This limitation shall only
apply to individuals | 12 |
| appointed to the Licensing Board after
the effective date of | 13 |
| this Act.
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| (C) Members of the Licensing Board shall be immune
from | 15 |
| suit in any action based upon any licensing proceedings
or | 16 |
| other acts performed in good faith as members of the
Licensing | 17 |
| Board.
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| (D) (Blank).
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| (E) The Licensing Board shall annually elect one of
its | 20 |
| members as chairperson and one as vice chairperson. No member
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| shall be elected more than twice in succession to the same
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| office. Each officer shall serve until their successor has
been | 23 |
| elected and qualified.
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| (F) None of the functions, powers or duties of the
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| Department with respect to policies regarding licensure and | 26 |
| examination
under
this Act, including the promulgation of such | 27 |
| rules as may be
necessary for the administration of this Act, | 28 |
| shall be
exercised by the Department except upon review of the
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| Licensing Board.
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| (G) The Licensing Board shall receive the same
compensation | 31 |
| as the members of the Medical
Disciplinary Board, which | 32 |
| compensation shall be paid out of
the Illinois State Medical | 33 |
| Disciplinary Fund.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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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 | 3 |
| 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 | 10 |
| moral
character under this Section, the Department may | 11 |
| take into
consideration whether the applicant has | 12 |
| engaged in conduct
or activities which would | 13 |
| constitute grounds for discipline
under this Act. The | 14 |
| Department may also request the
applicant to submit, | 15 |
| and may consider as evidence of moral
character, | 16 |
| endorsements from 2 or 3 individuals licensed
under | 17 |
| 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 | 22 |
| capable
of practicing medicine with reasonable | 23 |
| judgment, skill, and
safety. In determining physical, | 24 |
| mental and professional
capacity under this Section, | 25 |
| the Medical Licensing Board
may, upon a showing of a | 26 |
| possible incapacity, compel any
applicant to submit to | 27 |
| a mental or physical examination, or
both. The | 28 |
| Licensing Board may condition or restrict any
license, | 29 |
| subject to the same terms and conditions as are
| 30 |
| provided for the Medical Disciplinary Board under | 31 |
| Section 22
of this Act. Any such condition of a | 32 |
| restricted license
shall provide that the Chief | 33 |
| Medical Coordinator or Deputy
Medical Coordinator | 34 |
| shall have the authority to review the
subject | 35 |
| physician's compliance with such conditions or
| 36 |
| restrictions, including, where appropriate, the |
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| physician's
record of treatment and counseling | 2 |
| regarding the impairment,
to the extent permitted by | 3 |
| applicable federal statutes and
regulations | 4 |
| safeguarding the confidentiality of medical
records of | 5 |
| patients.
| 6 |
| In determining professional capacity under this
| 7 |
| Section any individual who has not been actively engaged in
| 8 |
| the practice of medicine or as a medical, osteopathic, | 9 |
| naturopathic, or
chiropractic student or who has not been | 10 |
| engaged in a formal
program of medical education during the | 11 |
| 2 years
immediately preceding their application may be | 12 |
| required to
complete such additional testing, training, or | 13 |
| remedial
education as the Licensing Board may deem | 14 |
| necessary in order
to establish the applicant's present | 15 |
| capacity to practice
medicine with reasonable judgment, | 16 |
| skill, and safety.
| 17 |
| (C) Designate specifically the name, location, and
| 18 |
| kind of professional school, college, or institution of
| 19 |
| which the applicant is a graduate and the category under
| 20 |
| which the applicant seeks, and will undertake, to practice.
| 21 |
| (D) Pay to the Department at the time of application
| 22 |
| the required fees.
| 23 |
| (E) Pursuant to Department rules, as required, pass an
| 24 |
| examination authorized by the Department to determine
the | 25 |
| applicant's fitness to receive a license.
| 26 |
| (F) Complete the application process within 3 years | 27 |
| from the date of
application. If the process has not been | 28 |
| completed within 3 years, the
application shall be denied, | 29 |
| application fees shall be forfeited, and the
applicant
must | 30 |
| reapply and meet the requirements in effect at the time of
| 31 |
| reapplication.
| 32 |
| (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
| 33 |
| (225 ILCS 60/10) (from Ch. 111, par. 4400-10)
| 34 |
| (Section scheduled to be repealed on January 1, 2007)
| 35 |
| Sec. 10. The Department shall:
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LRB094 06675 RAS 36769 b |
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| (A) Make rules for establishing reasonable minimum
| 2 |
| standards of educational requirements to be observed by
| 3 |
| medical, osteopathic , naturopathic, and chiropractic colleges;
| 4 |
| (B) Effectuate the policy of the State of Illinois that the | 5 |
| quality of
medical training is an appropriate concern in the | 6 |
| recruiting, licensing,
credentialing and participation in | 7 |
| residency programs of physicians.
However, it is inappropriate | 8 |
| to discriminate against any physician because
of national | 9 |
| origin or geographic location of medical education;
| 10 |
| (C) Formulate rules and regulations required for the
| 11 |
| administration of this Act.
| 12 |
| (Source: P.A. 86-573.)
| 13 |
| (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
| 14 |
| (Section scheduled to be repealed on January 1, 2007)
| 15 |
| Sec. 11. Minimum education standards. The minimum | 16 |
| standards of
professional
education to be enforced by the | 17 |
| Department in conducting
examinations and issuing licenses | 18 |
| shall be as follows:
| 19 |
| (A) Practice of medicine. For the practice of
medicine | 20 |
| in all of its branches:
| 21 |
| (1) For applications for licensure under | 22 |
| subsection (D) of Section 19
of this Act:
| 23 |
| (a) that the applicant is a graduate of a | 24 |
| medical or
osteopathic college in the United | 25 |
| States, its territories or
Canada, that the | 26 |
| applicant has completed a 2 year course of | 27 |
| instruction in a
college of liberal arts, or its | 28 |
| equivalent, and a course of
instruction in a | 29 |
| medical or osteopathic college approved by
the | 30 |
| Department or by a private, not for profit | 31 |
| accrediting
body approved by the Department, and | 32 |
| in addition thereto, a
course of postgraduate | 33 |
| clinical training of not less than 12
months as | 34 |
| approved by the Department; or
| 35 |
| (b) that the applicant is a graduate of a |
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| medical or
osteopathic college located outside the | 2 |
| United States, its
territories or Canada, and that | 3 |
| the degree conferred is
officially recognized by | 4 |
| the country for the purposes of
licensure, that the | 5 |
| applicant has completed a 2 year course of | 6 |
| instruction in a
college of liberal arts or its | 7 |
| equivalent, and a course of
instruction in a | 8 |
| medical or osteopathic college approved by
the | 9 |
| Department, which course shall have been not less | 10 |
| than
132 weeks in duration and shall have been | 11 |
| completed within a
period of not less than 35 | 12 |
| months, and, in addition thereto,
has completed a | 13 |
| course of postgraduate clinical training of not | 14 |
| less than
12 months, as approved by the Department, | 15 |
| and has complied with any other
standards | 16 |
| established by rule.
| 17 |
| For the purposes of this subparagraph (b) an | 18 |
| applicant
is considered to be a graduate of a | 19 |
| medical college if the
degree which is conferred is | 20 |
| officially recognized by that
country for the | 21 |
| purposes of receiving a license to practice
| 22 |
| medicine in all of its branches or a document is | 23 |
| granted by
the medical college which certifies the | 24 |
| completion of all
formal training requirements | 25 |
| including any internship and
social service; or
| 26 |
| (c) that the applicant has studied medicine at | 27 |
| a
medical or osteopathic college located outside | 28 |
| the United
States, its territories, or Canada, | 29 |
| that the applicant has
completed a 2 year course of
| 30 |
| instruction in a college of liberal arts or its | 31 |
| equivalent
and all of the formal requirements of a | 32 |
| foreign medical
school except internship and | 33 |
| social service, which course
shall have been not | 34 |
| less than 132 weeks in duration and
shall have been | 35 |
| completed within a period of not less than
35 | 36 |
| months; that the applicant has submitted an |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| application
to a medical college accredited by the | 2 |
| Liaison Committee on
Medical Education and | 3 |
| submitted to such evaluation
procedures, including | 4 |
| use of nationally recognized medical
student tests | 5 |
| or tests devised by the individual medical
| 6 |
| college, and that the applicant has satisfactorily | 7 |
| completed
one academic year of supervised clinical | 8 |
| training under the
direction of such medical | 9 |
| college; and, in addition thereto
has completed a | 10 |
| course of postgraduate clinical training of
not | 11 |
| less than 12 months, as approved by the Department, | 12 |
| and has
complied
with
any other standards | 13 |
| established by rule.
| 14 |
| (d) Any clinical clerkships must have been | 15 |
| completed
in compliance with Section 10.3 of the | 16 |
| Hospital Licensing
Act, as amended.
| 17 |
| (2) Effective January 1, 1988, for applications | 18 |
| for
licensure made subsequent to January 1, 1988, under | 19 |
| Sections
9 or 17 of this Act by individuals not | 20 |
| described in paragraph (3) of
subsection (A) of Section | 21 |
| 11 who graduated after December
31, 1984:
| 22 |
| (a) that the applicant: (i) graduated from a | 23 |
| medical
or osteopathic college officially | 24 |
| recognized by the
jurisdiction in which it is | 25 |
| located for the purpose of
receiving a license to | 26 |
| practice medicine in all of its
branches, and the | 27 |
| applicant has completed, as defined by the
| 28 |
| Department, a 6 year postsecondary course of study
| 29 |
| comprising at least 2 academic years of study in | 30 |
| the basic
medical sciences; and 2 academic years of | 31 |
| study in the
clinical sciences, while enrolled in | 32 |
| the medical college
which conferred the degree, | 33 |
| the core rotations of which must
have been | 34 |
| completed in clinical teaching facilities owned,
| 35 |
| operated or formally affiliated with the medical | 36 |
| college
which conferred the degree, or under |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| contract in teaching
facilities owned, operated or | 2 |
| affiliated with another
medical college which is | 3 |
| officially recognized by the
jurisdiction in which | 4 |
| the medical school which conferred the
degree is | 5 |
| located; or (ii) graduated from a medical or
| 6 |
| osteopathic college accredited by the Liaison | 7 |
| Committee on
Medical Education, the Committee on | 8 |
| Accreditation of
Canadian Medical Schools in | 9 |
| conjunction with the Liaison
Committee on Medical | 10 |
| Education, or the Bureau of Professional Education | 11 |
| of
the American Osteopathic
Association; and, | 12 |
| (iii) in addition
thereto, has completed a course | 13 |
| of postgraduate clinical
training of not less than | 14 |
| 24 months, as approved by the
Department; or
| 15 |
| (b) that the applicant has studied medicine at | 16 |
| a
medical or osteopathic college located outside | 17 |
| the United
States, its territories, or Canada, | 18 |
| that the applicant, in
addition to satisfying the | 19 |
| requirements of subparagraph (a),
except for the | 20 |
| awarding of a degree, has completed all of
the | 21 |
| formal requirements of a foreign medical school | 22 |
| except
internship and social service and has | 23 |
| submitted an
application to a medical college | 24 |
| accredited by the Liaison
Committee on Medical | 25 |
| Education and submitted to such
evaluation | 26 |
| procedures, including use of nationally
recognized | 27 |
| medical student tests or tests devised by the
| 28 |
| individual medical college, and that the applicant | 29 |
| has
satisfactorily completed one academic year of | 30 |
| supervised
clinical training under the direction | 31 |
| of such medical
college; and, in addition thereto, | 32 |
| has completed a course of
postgraduate clinical | 33 |
| training of not less than 24 months, as
approved by | 34 |
| the Department, and has complied with any other | 35 |
| standards
established by rule.
| 36 |
| (3) (Blank).
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| (4) Any person granted a temporary license | 2 |
| pursuant to Section 17 of
this Act who shall | 3 |
| satisfactorily complete a course of postgraduate | 4 |
| clinical
training and meet all of the requirements for | 5 |
| licensure shall be granted a
permanent license | 6 |
| pursuant to Section 9.
| 7 |
| (5) Notwithstanding any other provision of this
| 8 |
| Section an individual holding a temporary license | 9 |
| under
Section 17 of this Act shall be required to | 10 |
| satisfy the
undergraduate medical and post-graduate | 11 |
| clinical training educational
requirements in effect | 12 |
| on
the date of their application for a temporary | 13 |
| license,
provided they apply for a license under | 14 |
| Section 9 of this
Act and satisfy all other | 15 |
| requirements of this Section while
their temporary | 16 |
| license is in effect.
| 17 |
| (B) Treating human ailments without drugs and without
| 18 |
| operative surgery. For the practice of treating human
| 19 |
| ailments without the use of drugs and without operative
| 20 |
| surgery:
| 21 |
| (1) For an applicant who was a resident student and
| 22 |
| who is a graduate after July 1, 1926, of a chiropractic
| 23 |
| college or institution, that such school, college or
| 24 |
| institution, at the time of the applicant's graduation
| 25 |
| required as a prerequisite to admission thereto a 4 | 26 |
| year
course of instruction in a high school, and, as a
| 27 |
| prerequisite to graduation therefrom, a course of
| 28 |
| instruction in the treatment of human ailments, of not | 29 |
| less
than 132 weeks in duration and which shall have | 30 |
| been
completed within a period of not less than 35 | 31 |
| months except
that as to students matriculating or | 32 |
| entering upon a course
of chiropractic study during the | 33 |
| years 1940, 1941, 1942,
1943, 1944, 1945, 1946, and | 34 |
| 1947, such elapsed time
shall be not less than 32 | 35 |
| months, such high school and such
school, college or | 36 |
| institution having been reputable and in
good standing |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| in the judgment of the Department.
| 2 |
| (2) For an applicant who is a matriculant in a
| 3 |
| chiropractic college after September 1, 1969, that | 4 |
| such
applicant shall be required to complete a 2 year | 5 |
| course
of instruction in a liberal arts college or its | 6 |
| equivalent and a course of instruction in a | 7 |
| chiropractic
college in the treatment of human | 8 |
| ailments, such course, as
a prerequisite to graduation | 9 |
| therefrom, having been not less
than 132 weeks in | 10 |
| duration and shall have been completed
within a period | 11 |
| of not less than 35 months, such college of
liberal | 12 |
| arts and chiropractic college having been reputable
| 13 |
| and in good standing in the judgment of the Department.
| 14 |
| (3) For an applicant who is a graduate of a United
| 15 |
| States chiropractic college after August 19, 1981, the
| 16 |
| college of the applicant must be fully accredited by | 17 |
| the
Commission on Accreditation of the Council on | 18 |
| Chiropractic
Education or its successor at the time of | 19 |
| graduation. Such
graduates shall be considered to have | 20 |
| met the minimum
requirements which shall be in addition | 21 |
| to those
requirements set forth in the rules and | 22 |
| regulations
promulgated by the Department.
| 23 |
| (4) For an applicant who is a graduate of a
| 24 |
| chiropractic college in another country; that such
| 25 |
| chiropractic college be equivalent to the standards of
| 26 |
| education as set forth for chiropractic colleges | 27 |
| located in
the United States. | 28 |
| (5) For an applicant who was a resident student and | 29 |
| is a graduate of a naturopathic college after September | 30 |
| 1, 1978, that the applicant has completed a 2-year | 31 |
| course of instruction in a liberal arts college, or its | 32 |
| equivalent, and a full-time course of instruction in a | 33 |
| naturopathic college in the treatment of human | 34 |
| ailments. The course of instruction must be at least | 35 |
| 132 weeks in duration and must have been completed | 36 |
| within a period of not less than 35 months. The college |
|
|
|
HB1591 |
- 17 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| of liberal arts and naturopathic college must be | 2 |
| reputable and in good standing in the judgment of the | 3 |
| Department. | 4 |
| (6) For an applicant who is a graduate of a | 5 |
| naturopathic college after November 30, 1999, that | 6 |
| such applicant has completed a 2-year course of | 7 |
| instruction in a college of liberal arts, or its | 8 |
| equivalent, and a naturopathic medical education | 9 |
| program in the United States accredited by the Council | 10 |
| on Naturopathic Medical Education or an equivalent | 11 |
| federally recognized accrediting body for the | 12 |
| naturopathic medical profession recognized by the | 13 |
| Department. An applicant may also be a graduate of a | 14 |
| naturopathic medical education program that is a | 15 |
| candidate for accreditation from the Council on | 16 |
| Naturopathic Education or equivalent federally | 17 |
| recognized accrediting body. The naturopathic medical | 18 |
| education program shall offer graduate-level full-time | 19 |
| didactic and supervised clinical training leading to | 20 |
| the degree of Doctor of Naturopathy or Doctor of | 21 |
| Naturopathic Medicine. Additionally, the program shall | 22 |
| be an institution of higher education, or part of an | 23 |
| institution of higher education, that is either | 24 |
| accredited or is a candidate for accreditation by a | 25 |
| regional institutional accrediting agency recognized | 26 |
| by the United States Secretary of Education. | 27 |
| (7) For an applicant who is a graduate of a | 28 |
| naturopathic college in another country, that such | 29 |
| naturopathic college be equivalent to the standards of | 30 |
| education as set forth for naturopathic colleges | 31 |
| located in the United States. | 32 |
| (C) Treating human ailments with limited prescriptive | 33 |
| authority. For the practice of treating human ailments with | 34 |
| limited prescriptive authority, all requirements of | 35 |
| treating human ailments without drugs and without surgery | 36 |
| as set forth in subsection (B) of Section 11 must be met |
|
|
|
HB1591 |
- 18 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| and the following educational requirements must be | 2 |
| demonstrated: | 3 |
| (1) Completion of at least 5 quarter credits, which | 4 |
| shall be at least the equivalent of 55 hours in | 5 |
| pharmacology during the course of the naturopathic | 6 |
| medical or chiropractic education program. | 7 |
| (2) Demonstration of passage of the pharmacology | 8 |
| section of the national naturopathic physicians | 9 |
| licensing examination or the equivalent of that exam. | 10 |
| (D) Treating human ailments through the performance of | 11 |
| minor office procedures. For the practice of treating human | 12 |
| ailments through the performance of minor office | 13 |
| procedures, all requirements of treating human ailments | 14 |
| without drugs and and without surgery as set forth in | 15 |
| subsection (B) of Section 11 must be met and the following | 16 |
| educational requirements must be demonstrated: | 17 |
| (1) Completion of at least 3 quarter credits to be | 18 |
| at least the equivalent of 33 hours in minor office | 19 |
| procedures during the course of the naturopathic | 20 |
| medical or chiropractic education program. | 21 |
| (2) Demonstration of passage of the minor surgery | 22 |
| section of national naturopathic physicians licensing | 23 |
| examination or equivalent.
| 24 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-818, eff. 3-23-99.)
| 25 |
| (225 ILCS 60/14) (from Ch. 111, par. 4400-14)
| 26 |
| (Section scheduled to be repealed on January 1, 2007)
| 27 |
| Sec. 14. Chiropractic and naturopathic students.
| 28 |
| (A) Candidates for the degree of doctor of
chiropractic | 29 |
| enrolled in a chiropractic college, accredited by the Council | 30 |
| on
Chiropractic Education, may practice under the direct, | 31 |
| on-premises supervision
of a physician who is licensed to treat | 32 |
| human ailments without the use of drugs
and without operative | 33 |
| surgery and who is a member of the faculty of an
accredited | 34 |
| chiropractic college. | 35 |
| (B) Candidates for the degree of doctor of naturopathic |
|
|
|
HB1591 |
- 19 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| medicine enrolled in a naturopathic college accredited by the | 2 |
| Council on Naturopathic Medical Education or an equivalent | 3 |
| federally recognized accrediting body for the naturopathic | 4 |
| medical profession or by a private not-for-profit accrediting | 5 |
| body approved by the Department may practice under the direct, | 6 |
| on-premises supervision of a physician who is licensed to treat | 7 |
| human ailments with limited prescriptive authority and through | 8 |
| the performance of minor office procedures, a physician who is | 9 |
| licensed to treat human ailments without the use of drugs and | 10 |
| without operative surgery, or a physician who is licensed to | 11 |
| practice medicine in all of its branches and who is a member of | 12 |
| the faculty of an accredited naturopathic college.
| 13 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 14 |
| (225 ILCS 60/15) (from Ch. 111, par. 4400-15)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 15. Physician licensed to practice with limited | 17 |
| prescriptive authority, through the performance of minor | 18 |
| office procedures, or without drugs and operative
surgery; | 19 |
| license for general practice. Any physician licensed under this
| 20 |
| Act to
treat human ailments with limited prescriptive | 21 |
| authority, through the performance of minor office procedures, | 22 |
| or without the use of prescriptive drugs
and operative surgery | 23 |
| shall be permitted to take the
examination for licensure as a | 24 |
| physician to practice medicine in
all its branches and
shall | 25 |
| receive a license to practice medicine in all of its
branches | 26 |
| if he or she shall successfully pass such
examination, upon | 27 |
| proof of having successfully completed in
a medical college, | 28 |
| osteopathic college , naturopathic college, or chiropractic
| 29 |
| college reputable and in good standing in the judgment of
the | 30 |
| Department, courses of instruction in materia medica,
| 31 |
| therapeutics, surgery, obstetrics, and theory and practice
| 32 |
| deemed by the Department to be equal to the courses of
| 33 |
| instruction required in those subjects for admission to the
| 34 |
| examination for a license to practice medicine in all of its
| 35 |
| branches, together with proof of having completed (a) the
2 |
|
|
|
HB1591 |
- 20 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| year course of instruction in a college of liberal
arts, or its | 2 |
| equivalent, required under this Act, and (b) a
course of | 3 |
| postgraduate clinical training of not less than 24
months as | 4 |
| approved by the Department.
| 5 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 6 |
| (225 ILCS 60/16) (from Ch. 111, par. 4400-16)
| 7 |
| (Section scheduled to be repealed on January 1, 2007)
| 8 |
| Sec. 16. Ineligibility for examination. Any person who | 9 |
| shall fail any
examination
for licensure as a medical doctor, | 10 |
| doctor of osteopathy or osteopathic
medicine, doctor of | 11 |
| naturopathic medicine, or
doctor of chiropractic in this or any | 12 |
| other jurisdiction a
total of 5 times shall thereafter be | 13 |
| ineligible for further
examinations until such time as such | 14 |
| person shall submit to
the Department evidence of further | 15 |
| formal professional study, as required by
rule of the | 16 |
| Department,
in an accredited institution.
| 17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 18 |
| (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 17. Temporary license. Persons holding the degree of | 21 |
| Doctor of
Medicine, persons
holding the degree of Doctor of
| 22 |
| Osteopathy or Doctor of Osteopathic Medicine, persons holding | 23 |
| the degree of Doctor of Naturopathic Medicine, or the degree of | 24 |
| Doctor of Naturopathy and persons holding the degree
of Doctor | 25 |
| of Chiropractic or persons who have satisfied
the requirements
| 26 |
| therefor and are eligible to receive such degree from
a | 27 |
| medical, osteopathic, naturopathic, or chiropractic school, | 28 |
| who wish to
pursue programs
of graduate or specialty training | 29 |
| in this State, may receive
without examination, in the | 30 |
| discretion of the Department, a
3-year temporary license. In | 31 |
| order to receive a 3-year
temporary license hereunder, an | 32 |
| applicant shall furnish
satisfactory proof to the Department | 33 |
| that the applicant:
| 34 |
| (A) Is of good moral character. In determining moral
|
|
|
|
HB1591 |
- 21 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| character under this Section, the Department may take into
| 2 |
| consideration whether the applicant has engaged in conduct
| 3 |
| or activities which would constitute grounds for | 4 |
| discipline
under this Act. The Department may also request | 5 |
| the
applicant to submit, and may consider as evidence of | 6 |
| moral
character, endorsements from 2 or 3 individuals | 7 |
| licensed
under this Act;
| 8 |
| (B) Has been accepted or appointed for specialty or
| 9 |
| residency training by a hospital situated in this State or | 10 |
| a
training program in hospitals or facilities maintained by
| 11 |
| the State of Illinois or affiliated training facilities
| 12 |
| which is approved by the Department for the purpose of such
| 13 |
| training under this Act. The applicant shall indicate the
| 14 |
| beginning and ending dates of the period for which the
| 15 |
| applicant has been accepted or appointed;
| 16 |
| (C) Has or will satisfy the professional education
| 17 |
| requirements of Section 11 of this Act which are effective
| 18 |
| at the date of application except for postgraduate clinical
| 19 |
| training;
| 20 |
| (D) Is physically, mentally, and professionally | 21 |
| capable
of practicing medicine or treating human ailments | 22 |
| with limited prescriptive authority, through the | 23 |
| performance of minor office procedures, or without the use | 24 |
| of drugs or
operative surgery with reasonable judgment, | 25 |
| skill, and
safety. In determining physical, mental and | 26 |
| professional
capacity under this Section, the Medical | 27 |
| Licensing Board
may, upon a showing of a possible | 28 |
| incapacity, compel an
applicant to submit to a mental or | 29 |
| physical examination, or
both, and may condition or | 30 |
| restrict any temporary license,
subject to the same terms | 31 |
| and conditions as are provided for
the Medical Disciplinary | 32 |
| Board under Section 22 of this Act.
Any such condition of | 33 |
| restricted temporary license shall
provide that the Chief | 34 |
| Medical Coordinator or Deputy Medical
Coordinator shall | 35 |
| have the authority to review the subject
physician's | 36 |
| compliance with such conditions or restrictions,
|
|
|
|
HB1591 |
- 22 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| including, where appropriate, the physician's record of
| 2 |
| treatment and counseling regarding the impairment, to the
| 3 |
| extent permitted by applicable federal statutes and
| 4 |
| regulations safeguarding the confidentiality of medical
| 5 |
| records of patients.
| 6 |
| Three-year temporary licenses issued pursuant to this
| 7 |
| Section shall be valid only for the period of time
designated | 8 |
| therein, and may be extended or renewed pursuant
to the rules | 9 |
| of the Department, and if a temporary license
is thereafter | 10 |
| extended, it shall not extend beyond
completion of the | 11 |
| residency program. The holder of a valid
3-year temporary | 12 |
| license shall be entitled thereby to
perform only such acts as | 13 |
| may be prescribed by and
incidental to their program of | 14 |
| residency training; they
shall not be entitled to otherwise | 15 |
| engage in the practice of
medicine in this State unless fully | 16 |
| licensed in this State.
| 17 |
| A 3-year temporary license may be revoked by the
Department | 18 |
| upon proof that the holder thereof has engaged in
the practice | 19 |
| of medicine in this State outside of the
program of their | 20 |
| residency or specialty training, or if the
holder shall fail to | 21 |
| supply the Department, within 10 days
of its request, with | 22 |
| information as to their current status
and activities in their | 23 |
| specialty training program.
| 24 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-54, eff. 7-3-97.)
| 25 |
| (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| 26 |
| (Section scheduled to be repealed on January 1, 2007)
| 27 |
| Sec. 18. Visiting professor, physician, or resident | 28 |
| permits.
| 29 |
| (A) Visiting professor permit.
| 30 |
| (1) A visiting professor permit shall
entitle a person | 31 |
| to practice medicine in all of its branches
or to practice | 32 |
| the treatment of human ailments with limited prescriptive | 33 |
| authority, through the performance of minor office | 34 |
| procedures, or without the
use of drugs and without | 35 |
| operative surgery provided:
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| (a) the person maintains an equivalent | 2 |
| authorization
to practice medicine in all of its | 3 |
| branches or to practice
the treatment of human ailments | 4 |
| with limited prescriptive authority, through the | 5 |
| performance of minor office procedures, or without the | 6 |
| use of drugs
and without operative surgery in good | 7 |
| standing in their
native licensing jurisdiction during | 8 |
| the period of the
visiting professor permit;
| 9 |
| (b) the person has received a faculty appointment | 10 |
| to
teach in a medical, osteopathic , naturopathic, or | 11 |
| chiropractic school in
Illinois; and
| 12 |
| (c) the Department may prescribe the information | 13 |
| necessary to
establish
an applicant's eligibility for | 14 |
| a permit. This information shall include
without | 15 |
| limitation (i) a statement from the dean of the medical | 16 |
| school at which
the
applicant will be employed | 17 |
| describing the applicant's qualifications and (ii)
a | 18 |
| statement from the dean of the medical school listing | 19 |
| every affiliated
institution in which the applicant | 20 |
| will be providing instruction as part of the
medical | 21 |
| school's education program and justifying any clinical | 22 |
| activities at
each of the institutions listed by the | 23 |
| dean.
| 24 |
| (2) Application for visiting professor permits shall
| 25 |
| be made to the Department, in writing, on forms prescribed
| 26 |
| by the Department and shall be accompanied by the required
| 27 |
| fee established by rule, which shall not be refundable. Any | 28 |
| application
shall require the information as, in the | 29 |
| judgment of the Department, will
enable the Department to | 30 |
| pass on the qualifications of the applicant.
| 31 |
| (3) A visiting professor permit shall be valid for no | 32 |
| longer than 2
years from the date of issuance or until the | 33 |
| time the
faculty appointment is terminated, whichever | 34 |
| occurs first,
and may be renewed only in accordance with | 35 |
| subdivision (A)(6) of this
Section.
| 36 |
| (4) The applicant may be required to appear before the
|
|
|
|
HB1591 |
- 24 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| Medical Licensing Board for an interview prior to, and as a
| 2 |
| requirement for, the issuance of the original permit and | 3 |
| the
renewal.
| 4 |
| (5) Persons holding a permit under this Section shall
| 5 |
| only practice medicine in all of its branches or practice
| 6 |
| the treatment of human ailments with limited prescriptive | 7 |
| authority, through the performance of minor office | 8 |
| procedures, or without the use of drugs
and without | 9 |
| operative surgery in the State of Illinois in
their | 10 |
| official capacity under their contract
within the medical | 11 |
| school itself and any affiliated institution in which the
| 12 |
| permit holder is providing instruction as part of the | 13 |
| medical school's
educational program and for which the | 14 |
| medical school has assumed direct
responsibility.
| 15 |
| (6) A visiting professor permit shall be valid until | 16 |
| the last day of the
next physician license renewal period, | 17 |
| as set by rule, and may only be
renewed for applicants who | 18 |
| meet the following requirements:
| 19 |
| (i) have obtained the required continuing | 20 |
| education hours as set by
rule; and
| 21 |
| (ii) have paid the fee prescribed for a license | 22 |
| under Section 21 of this
Act.
| 23 |
| For initial renewal, the visiting professor must | 24 |
| successfully pass a
general competency examination authorized | 25 |
| by the Department by rule.
| 26 |
| (B) Visiting physician permit.
| 27 |
| (1) The Department may, in its discretion, issue a | 28 |
| temporary visiting
physician permit, without examination, | 29 |
| provided:
| 30 |
| (a) (blank);
| 31 |
| (b) that the person maintains an equivalent | 32 |
| authorization to practice
medicine in all of its | 33 |
| branches or to practice the treatment of human
ailments | 34 |
| with limited prescriptive authority, through the | 35 |
| performance of minor office procedures, or without the |
|
|
|
HB1591 |
- 25 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| use of drugs and without operative surgery in good
| 2 |
| standing in his or her native licensing jurisdiction | 3 |
| during the period of the
temporary visiting physician | 4 |
| permit;
| 5 |
| (c) that the person has received an invitation or | 6 |
| appointment to study,
demonstrate, or perform a
| 7 |
| specific medical, osteopathic, naturopathic,
| 8 |
| chiropractic or clinical subject or
technique in a | 9 |
| medical, osteopathic, naturopathic, or chiropractic | 10 |
| school, a hospital
licensed under the Hospital | 11 |
| Licensing Act, a hospital organized
under the | 12 |
| University of Illinois Hospital Act, or a facility | 13 |
| operated
pursuant to the Ambulatory Surgical Treatment | 14 |
| Center Act; and
| 15 |
| (d) that the temporary visiting physician permit | 16 |
| shall only permit the
holder to practice medicine in | 17 |
| all of its branches or practice the
treatment of human | 18 |
| ailments with limited prescriptive authority, through | 19 |
| the performance of minor office procedures, or without | 20 |
| the use of drugs and without operative
surgery within | 21 |
| the scope of the medical, osteopathic, naturopathic,
| 22 |
| chiropractic, or
clinical studies for which the holder | 23 |
| was invited or appointed.
| 24 |
| (2) The application for the temporary visiting | 25 |
| physician permit shall be
made to the Department, in | 26 |
| writing, on forms prescribed by the
Department, and shall | 27 |
| be accompanied by the required fee established by
rule, | 28 |
| which shall not be refundable. The application shall | 29 |
| require
information that, in the judgment of the | 30 |
| Department, will enable the
Department to pass on the | 31 |
| qualification of the applicant, and the necessity
for the | 32 |
| granting of a temporary visiting physician permit.
| 33 |
| (3) A temporary visiting physician permit shall be | 34 |
| valid for 180
days
from the date of issuance or until the | 35 |
| time the medical, osteopathic,
naturopathic, chiropractic, | 36 |
| or clinical studies are completed, whichever occurs first.
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| (4) The applicant for a temporary visiting physician | 2 |
| permit may be
required to appear before the Medical | 3 |
| Licensing Board for an interview
prior to, and as a | 4 |
| requirement for, the issuance of a temporary visiting
| 5 |
| physician permit.
| 6 |
| (5) A limited temporary visiting physician permit | 7 |
| shall be issued to a
physician licensed in another state | 8 |
| who has been requested to perform emergency
procedures in | 9 |
| Illinois if he or she meets the requirements as established | 10 |
| by
rule.
| 11 |
| (C) Visiting resident permit.
| 12 |
| (1) The Department may, in its discretion, issue a | 13 |
| temporary visiting
resident permit, without examination, | 14 |
| provided:
| 15 |
| (a) (blank);
| 16 |
| (b) that the person maintains an equivalent | 17 |
| authorization to practice
medicine in all of its | 18 |
| branches or to practice the treatment of human
ailments | 19 |
| with limited prescriptive authority, through the | 20 |
| performance of minor office procedures, or without the | 21 |
| use of drugs and without operative surgery in good
| 22 |
| standing in his or her native licensing jurisdiction | 23 |
| during the period of
the temporary visiting resident | 24 |
| permit;
| 25 |
| (c) that the applicant is enrolled in a | 26 |
| postgraduate clinical training
program outside the | 27 |
| State of Illinois that is approved by the Department;
| 28 |
| (d) that the individual has been invited or | 29 |
| appointed for a specific
period of time to perform a | 30 |
| portion of that post graduate clinical training
| 31 |
| program under the supervision of an Illinois licensed | 32 |
| physician in an
Illinois patient care clinic or | 33 |
| facility that is affiliated with the
out-of-State post | 34 |
| graduate training program; and
| 35 |
| (e) that the temporary visiting resident permit |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| shall only permit the
holder to practice medicine in | 2 |
| all of its branches or practice the
treatment of human | 3 |
| ailments without the use of drugs and without operative
| 4 |
| surgery within the scope of the medical, osteopathic, | 5 |
| naturopathic, chiropractic or
clinical studies for | 6 |
| which the holder was invited or appointed.
| 7 |
| (2) The application for the temporary visiting | 8 |
| resident permit shall be
made to the Department, in | 9 |
| writing, on forms prescribed by the Department,
and shall | 10 |
| be accompanied by the required fee established by rule. The
| 11 |
| application shall require information that, in the | 12 |
| judgment of the
Department, will enable the Department to | 13 |
| pass on the qualifications of
the applicant.
| 14 |
| (3) A temporary visiting resident permit shall be valid | 15 |
| for 180 days from
the date of issuance or until the time | 16 |
| the medical, osteopathic,
chiropractic, or clinical | 17 |
| studies are completed, whichever occurs first.
| 18 |
| (4) The applicant for a temporary visiting resident | 19 |
| permit may be
required to appear before the Medical | 20 |
| Licensing Board for an interview
prior to, and as a | 21 |
| requirement for, the issuance of a temporary visiting
| 22 |
| resident permit.
| 23 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-100, eff. 7-20-01.)
| 24 |
| (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| 25 |
| (Section scheduled to be repealed on January 1, 2007)
| 26 |
| Sec. 19. Licensure without examination. The Department | 27 |
| may, in its
discretion,
issue a license without examination to | 28 |
| any person who is currently licensed
to practice medicine in | 29 |
| all of its branches,
or to practice the treatment of human | 30 |
| ailments with limited prescriptive authority, through the | 31 |
| performance of minor office procedures, or without the
use of | 32 |
| drugs or operative surgery, in any other state,
territory, | 33 |
| country or province, upon the following
conditions:
| 34 |
| (A) (Blank);
| 35 |
| (B) That the applicant is of good moral character. In
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| determining moral character under this Section, the
| 2 |
| Department may take into consideration whether the | 3 |
| applicant
has 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, and | 6 |
| may consider as
evidence of moral character, endorsements | 7 |
| from 2 or 3
individuals licensed under this Act;
| 8 |
| (C) That the applicant is physically, mentally and
| 9 |
| professionally capable of practicing medicine with
| 10 |
| reasonable judgment, skill and safety. In determining
| 11 |
| physical, mental and professional capacity under this
| 12 |
| Section the Medical Licensing Board may, upon a showing of
| 13 |
| a possible incapacity, compel an applicant to submit to a
| 14 |
| mental or physical examination, or both, and may condition
| 15 |
| or restrict any license, subject to the same terms and
| 16 |
| conditions as are provided for the Medical Disciplinary
| 17 |
| Board under Section 22 of this Act.
The Medical Licensing | 18 |
| Board or the Department may order the examining
physician
| 19 |
| to present testimony concerning this mental or physical | 20 |
| examination of the
applicant. No information shall be | 21 |
| excluded by reason of any common law or
statutory privilege | 22 |
| relating to communications between the applicant and the
| 23 |
| examining physician.
Any condition of
restricted license | 24 |
| shall provide that the Chief Medical
Coordinator or Deputy | 25 |
| Medical Coordinator shall have the
authority to review the | 26 |
| subject physician's compliance with
such conditions or | 27 |
| restrictions, including, where
appropriate, the | 28 |
| physician's record of treatment and
counseling regarding | 29 |
| the impairment, to the extent permitted
by applicable | 30 |
| federal statutes and regulations safeguarding
the | 31 |
| confidentiality of medical records of patients.
| 32 |
| (D) That if the applicant seeks to practice medicine
in | 33 |
| all of its branches:
| 34 |
| (1) if the applicant was licensed in another | 35 |
| jurisdiction prior to
January
1,
1988, that the | 36 |
| applicant has satisfied the educational
requirements |
|
|
|
HB1591 |
- 29 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| of paragraph (1) of subsection (A) or paragraph (2) of
| 2 |
| subsection (A) of Section 11 of
this Act; or
| 3 |
| (2) if the applicant was licensed in another | 4 |
| jurisdiction after December
31,
1987, that the | 5 |
| applicant has
satisfied the educational requirements | 6 |
| of paragraph (A)(2)
of Section 11 of this Act; and
| 7 |
| (3) the requirements for a license to practice
| 8 |
| medicine in all of its branches in the particular | 9 |
| state,
territory, country or province in which the | 10 |
| applicant is
licensed are deemed by the Department to | 11 |
| have been
substantially equivalent to the requirements | 12 |
| for a license
to practice medicine in all of its | 13 |
| branches in force in this
State at the date of the | 14 |
| applicant's license;
| 15 |
| (E) That if the applicant seeks to treat human
ailments | 16 |
| without the use of drugs and without operative
surgery:
| 17 |
| (1) the applicant is a graduate of a chiropractic
| 18 |
| school or college approved by the Department at the | 19 |
| time of
their graduation;
| 20 |
| (2) the requirements for the applicant's license | 21 |
| to
practice the treatment of human ailments without the | 22 |
| use of
drugs are deemed by the Department to have been
| 23 |
| substantially equivalent to the requirements for a | 24 |
| license
to practice in this State at the date of the | 25 |
| applicant's
license;
| 26 |
| (F) That the Department may, in its discretion, issue a
| 27 |
| license, without examination, to any graduate of a
medical | 28 |
| or osteopathic college, reputable and
in good standing in | 29 |
| the
judgment of the Department, who has passed an | 30 |
| examination
for admission to the United States Public | 31 |
| Health Service, or
who has passed any other examination | 32 |
| deemed by the
Department to have been at least equal in all | 33 |
| substantial
respects to the examination required for | 34 |
| admission to any
such medical corps;
| 35 |
| (G) That applications for licenses without examination
| 36 |
| shall be filed with the Department, under oath, on forms
|
|
|
|
HB1591 |
- 30 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| prepared and furnished by the Department, and shall set
| 2 |
| forth, and applicants therefor shall supply such | 3 |
| information
respecting the life, education, professional | 4 |
| practice, and
moral character of applicants as the | 5 |
| Department may require
to be filed for its use;
| 6 |
| (H) That the applicant undergo
the criminal background | 7 |
| check established under Section 9.7 of this Act.
| 8 |
| (I) That if the applicant seeks to treat human ailments | 9 |
| with limited prescriptive authority or through the | 10 |
| performance of minor office procedures: | 11 |
| (1) the applicant must be a graduate of a | 12 |
| naturopathic school or college approved by the | 13 |
| Department at the time of his or her graduation; | 14 |
| (2) if the applicant is a graduate of a | 15 |
| naturopathic school or college and was licensed in | 16 |
| another jurisdiction prior to January 1, 2005, the | 17 |
| applicant must have satisfied the educational | 18 |
| requirements of subsections (C) and (D) of Section 11 | 19 |
| of this Act; and | 20 |
| (3) the requirements for the applicant's license | 21 |
| to practice the treatment of human ailments with | 22 |
| limited prescriptive authority or through the | 23 |
| performance of minor office procedures must be deemed | 24 |
| by the Department to have been substantially | 25 |
| equivalent to the requirements for a license to | 26 |
| practice in this State at the time the applicant's | 27 |
| license was issued.
| 28 |
| In the exercise of its discretion under this Section,
the | 29 |
| Department is empowered to consider and evaluate each
applicant | 30 |
| on an individual basis. It may take into account,
among other | 31 |
| things, the extent to which there is or is not
available to the | 32 |
| Department, authentic and definitive
information concerning | 33 |
| the quality of medical education and
clinical training which | 34 |
| the applicant has had. Under no
circumstances shall a license | 35 |
| be issued under the provisions
of this Section to any person | 36 |
| who has previously taken and
failed the written examination |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| conducted by the Department
for such license. In determining | 2 |
| moral character, the
Department may take into consideration | 3 |
| whether the applicant
has engaged in conduct or activities | 4 |
| which would constitute
grounds for discipline under this Act. | 5 |
| The Department may
also request the applicant to submit, and | 6 |
| may consider as
evidence of moral character, evidence from 2 or | 7 |
| 3
individuals licensed under this Act.
Applicants have 3 years | 8 |
| from the date of application to complete the
application | 9 |
| process. If the process has not been completed within 3 years, | 10 |
| the
application shall be denied, the fees shall be forfeited, | 11 |
| and the applicant
must reapply and meet the requirements in | 12 |
| effect at the time of
reapplication.
| 13 |
| (Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99.)
| 14 |
| (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 20. Continuing education. The Department shall | 17 |
| promulgate
rules of continuing education for persons licensed | 18 |
| under
this Act that require 150 hours of
continuing education | 19 |
| per license renewal cycle. These rules
shall be consistent with
| 20 |
| requirements of relevant professional associations, speciality
| 21 |
| societies, or boards. The rules shall also address variances in | 22 |
| part or in
whole for good cause, including but not limited to | 23 |
| illness
or
hardship. In establishing these rules, the
| 24 |
| Department shall consider educational requirements for
medical | 25 |
| staffs, requirements for specialty society board
certification | 26 |
| or for continuing education requirements as a
condition of | 27 |
| membership in societies representing the 3
2
categories of | 28 |
| licensee under this Act. These rules shall
assure that | 29 |
| licensees are given the opportunity to
participate in those | 30 |
| programs sponsored by or through their
professional | 31 |
| associations or hospitals which are relevant to
their practice. | 32 |
| Each licensee is responsible for maintaining records of
| 33 |
| completion of continuing education and shall be prepared to | 34 |
| produce the
records when requested by the Department.
| 35 |
| (Source: P.A. 92-750, eff. 1-1-03.)
|
|
|
|
HB1591 |
- 32 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| 2 |
| (Section scheduled to be repealed on January 1, 2007)
| 3 |
| Sec. 22. Disciplinary action.
| 4 |
| (A) The Department may revoke, suspend, place on | 5 |
| probationary
status, or take any other disciplinary action as | 6 |
| the Department may deem proper
with regard to the license or | 7 |
| visiting professor permit of any person issued
under this Act | 8 |
| to practice medicine, or to treat human ailments without the | 9 |
| use
of drugs and without operative surgery upon any of the | 10 |
| following grounds:
| 11 |
| (1) Performance of an elective abortion in any place, | 12 |
| locale,
facility, or
institution other than:
| 13 |
| (a) a facility licensed pursuant to the Ambulatory | 14 |
| Surgical Treatment
Center Act;
| 15 |
| (b) an institution licensed under the Hospital | 16 |
| Licensing Act; or
| 17 |
| (c) an ambulatory surgical treatment center or | 18 |
| hospitalization or care
facility maintained by the | 19 |
| State or any agency thereof, where such department
or | 20 |
| agency has authority under law to establish and enforce | 21 |
| standards for the
ambulatory surgical treatment | 22 |
| centers, hospitalization, or care facilities
under its | 23 |
| management and control; or
| 24 |
| (d) ambulatory surgical treatment centers, | 25 |
| hospitalization or care
facilities maintained by the | 26 |
| Federal Government; or
| 27 |
| (e) ambulatory surgical treatment centers, | 28 |
| hospitalization or care
facilities maintained by any | 29 |
| university or college established under the laws
of | 30 |
| this State and supported principally by public funds | 31 |
| raised by
taxation.
| 32 |
| (2) Performance of an abortion procedure in a wilful | 33 |
| and wanton
manner on a
woman who was not pregnant at the | 34 |
| time the abortion procedure was
performed.
| 35 |
| (3) The conviction of a felony in this or any other
|
|
|
|
HB1591 |
- 33 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| jurisdiction, except as
otherwise provided in subsection B | 2 |
| of this Section, whether or not related to
practice under | 3 |
| this Act, or the entry of a guilty or nolo contendere plea | 4 |
| to a
felony charge.
| 5 |
| (4) Gross negligence in practice under this Act.
| 6 |
| (5) Engaging in dishonorable, unethical or | 7 |
| unprofessional
conduct of a
character likely to deceive, | 8 |
| defraud or harm the public.
| 9 |
| (6) Obtaining any fee by fraud, deceit, or
| 10 |
| misrepresentation.
| 11 |
| (7) Habitual or excessive use or abuse of drugs defined | 12 |
| in law
as
controlled substances, of alcohol, or of any | 13 |
| other substances which results in
the inability to practice | 14 |
| with reasonable judgment, skill or safety.
| 15 |
| (8) Practicing under a false or, except as provided by | 16 |
| law, an
assumed
name.
| 17 |
| (9) Fraud or misrepresentation in applying for, or | 18 |
| procuring, a
license
under this Act or in connection with | 19 |
| applying for renewal of a license under
this Act.
| 20 |
| (10) Making a false or misleading statement regarding | 21 |
| their
skill or the
efficacy or value of the medicine, | 22 |
| treatment, or remedy prescribed by them at
their direction | 23 |
| in the treatment of any disease or other condition of the | 24 |
| body
or mind.
| 25 |
| (11) Allowing another person or organization to use | 26 |
| their
license, procured
under this Act, to practice.
| 27 |
| (12) Disciplinary action of another state or | 28 |
| jurisdiction
against a license
or other authorization to | 29 |
| practice as a medical doctor, doctor of osteopathy,
doctor | 30 |
| of osteopathic medicine , doctor of naturopathic medicine,
| 31 |
| or
doctor of chiropractic, a certified copy of the record | 32 |
| of the action taken by
the other state or jurisdiction | 33 |
| being prima facie evidence thereof.
| 34 |
| (13) Violation of any provision of this Act or of the | 35 |
| Medical
Practice Act
prior to the repeal of that Act, or | 36 |
| violation of the rules, or a final
administrative action of |
|
|
|
HB1591 |
- 34 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| the Director, after consideration of the
recommendation of | 2 |
| the Disciplinary Board.
| 3 |
| (14) Dividing with anyone other than physicians with | 4 |
| whom the
licensee
practices in a partnership, Professional | 5 |
| Association, limited liability
company, or Medical or | 6 |
| Professional
Corporation any fee, commission, rebate or | 7 |
| other form of compensation for any
professional services | 8 |
| not actually and personally rendered. Nothing contained
in | 9 |
| this subsection prohibits persons holding valid and | 10 |
| current licenses under
this Act from practicing medicine in | 11 |
| partnership under a partnership
agreement, including a | 12 |
| limited liability partnership, in a limited liability
| 13 |
| company under the Limited Liability Company Act, in a | 14 |
| corporation authorized by
the Medical Corporation Act, as | 15 |
| an
association authorized by the Professional Association | 16 |
| Act, or in a
corporation under the
Professional Corporation | 17 |
| Act or from pooling, sharing, dividing or
apportioning the | 18 |
| fees and monies received by them or by the partnership,
| 19 |
| corporation or association in accordance with the | 20 |
| partnership agreement or the
policies of the Board of | 21 |
| Directors of the corporation or association. Nothing
| 22 |
| contained in this subsection prohibits 2 or more | 23 |
| corporations authorized by the
Medical Corporation Act, | 24 |
| from forming a partnership or joint venture of such
| 25 |
| corporations, and providing medical, surgical and | 26 |
| scientific research and
knowledge by employees of these | 27 |
| corporations if such employees are licensed
under this Act, | 28 |
| or from pooling, sharing, dividing, or apportioning the | 29 |
| fees
and monies received by the partnership or joint | 30 |
| venture in accordance with the
partnership or joint venture | 31 |
| agreement. Nothing contained in this subsection
shall | 32 |
| abrogate the right of 2 or more persons, holding valid and | 33 |
| current
licenses under this Act, to each receive adequate | 34 |
| compensation for concurrently
rendering professional | 35 |
| services to a patient and divide a fee; provided, the
| 36 |
| patient has full knowledge of the division, and, provided, |
|
|
|
HB1591 |
- 35 - |
LRB094 06675 RAS 36769 b |
|
| 1 |
| that the division is
made in proportion to the services | 2 |
| performed and responsibility assumed by
each.
| 3 |
| (15) A finding by the Medical Disciplinary Board that | 4 |
| the
registrant after
having his or her license placed on | 5 |
| probationary status or subjected to
conditions or | 6 |
| restrictions violated the terms of the probation or failed | 7 |
| to
comply with such terms or conditions.
| 8 |
| (16) Abandonment of a patient.
| 9 |
| (17) Prescribing, selling, administering, | 10 |
| distributing, giving
or
self-administering any drug | 11 |
| classified as a controlled substance (designated
product) | 12 |
| or narcotic for other than medically accepted therapeutic
| 13 |
| purposes.
| 14 |
| (18) Promotion of the sale of drugs, devices, | 15 |
| appliances or
goods provided
for a patient in such manner | 16 |
| as to exploit the patient for financial gain of
the | 17 |
| physician.
| 18 |
| (19) Offering, undertaking or agreeing to cure or treat
| 19 |
| disease by a secret
method, procedure, treatment or | 20 |
| medicine, or the treating, operating or
prescribing for any | 21 |
| human condition by a method, means or procedure which the
| 22 |
| licensee refuses to divulge upon demand of the Department.
| 23 |
| (20) Immoral conduct in the commission of any act | 24 |
| including,
but not limited to, commission of an act of | 25 |
| sexual misconduct related to the
licensee's
practice.
| 26 |
| (21) Wilfully making or filing false records or reports | 27 |
| in his
or her
practice as a physician, including, but not | 28 |
| limited to, false records to
support claims against the | 29 |
| medical assistance program of the Department of
Public Aid | 30 |
| under the Illinois Public Aid Code.
| 31 |
| (22) Wilful omission to file or record, or wilfully | 32 |
| impeding
the filing or
recording, or inducing another | 33 |
| person to omit to file or record, medical
reports as | 34 |
| required by law, or wilfully failing to report an instance | 35 |
| of
suspected abuse or neglect as required by law.
| 36 |
| (23) Being named as a perpetrator in an indicated |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| report by
the Department
of Children and Family Services | 2 |
| under the Abused and Neglected Child Reporting
Act, and | 3 |
| upon proof by clear and convincing evidence that the | 4 |
| licensee has
caused a child to be an abused child or | 5 |
| neglected child as defined in the
Abused and Neglected | 6 |
| Child Reporting Act.
| 7 |
| (24) Solicitation of professional patronage by any
| 8 |
| corporation, agents or
persons, or profiting from those | 9 |
| representing themselves to be agents of the
licensee.
| 10 |
| (25) Gross and wilful and continued overcharging for
| 11 |
| professional services,
including filing false statements | 12 |
| for collection of fees for which services are
not rendered, | 13 |
| including, but not limited to, filing such false statements | 14 |
| for
collection of monies for services not rendered from the | 15 |
| medical assistance
program of the Department of Public Aid | 16 |
| under the Illinois Public Aid
Code.
| 17 |
| (26) A pattern of practice or other behavior which
| 18 |
| demonstrates incapacity
or incompetence to practice under | 19 |
| this Act.
| 20 |
| (27) Mental illness or disability which results in the
| 21 |
| inability to
practice under this Act with reasonable | 22 |
| judgment, skill or safety.
| 23 |
| (28) Physical illness, including, but not limited to,
| 24 |
| deterioration through
the aging process, or loss of motor | 25 |
| skill which results in a physician's
inability to practice | 26 |
| under this Act with reasonable judgment, skill or
safety.
| 27 |
| (29) Cheating on or attempt to subvert the licensing
| 28 |
| examinations
administered under this Act.
| 29 |
| (30) Wilfully or negligently violating the | 30 |
| confidentiality
between
physician and patient except as | 31 |
| required by law.
| 32 |
| (31) The use of any false, fraudulent, or deceptive | 33 |
| statement
in any
document connected with practice under | 34 |
| this Act.
| 35 |
| (32) Aiding and abetting an individual not licensed | 36 |
| under this
Act in the
practice of a profession licensed |
|
|
|
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|
| 1 |
| under this Act.
| 2 |
| (33) Violating state or federal laws or regulations | 3 |
| relating
to controlled
substances.
| 4 |
| (34) Failure to report to the Department any adverse | 5 |
| final
action taken
against them by another licensing | 6 |
| jurisdiction (any other state or any
territory of the | 7 |
| United States or any foreign state or country), by any peer
| 8 |
| review body, by any health care institution, by any | 9 |
| professional society or
association related to practice | 10 |
| under this Act, by any governmental agency, by
any law | 11 |
| enforcement agency, or by any court for acts or conduct | 12 |
| similar to acts
or conduct which would constitute grounds | 13 |
| for action as defined in this
Section.
| 14 |
| (35) Failure to report to the Department surrender of a
| 15 |
| license or
authorization to practice as a medical doctor, a | 16 |
| doctor of osteopathy, a
doctor of osteopathic medicine, | 17 |
| doctor of naturopathic medicine, or doctor
of chiropractic | 18 |
| in another state or jurisdiction, or surrender of | 19 |
| membership on
any medical staff or in any medical or | 20 |
| professional association or society,
while under | 21 |
| disciplinary investigation by any of those authorities or | 22 |
| bodies,
for acts or conduct similar to acts or conduct | 23 |
| which would constitute grounds
for action as defined in | 24 |
| this Section.
| 25 |
| (36) Failure to report to the Department any adverse | 26 |
| judgment,
settlement,
or award arising from a liability | 27 |
| claim related to acts or conduct similar to
acts or conduct | 28 |
| which would constitute grounds for action as defined in | 29 |
| this
Section.
| 30 |
| (37) Failure to transfer copies of medical records as | 31 |
| required
by law.
| 32 |
| (38) Failure to furnish the Department, its | 33 |
| investigators or
representatives, relevant information, | 34 |
| legally requested by the Department
after consultation | 35 |
| with the Chief Medical Coordinator or the Deputy Medical
| 36 |
| Coordinator.
|
|
|
|
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|
| 1 |
| (39) Violating the Health Care Worker Self-Referral
| 2 |
| Act.
| 3 |
| (40) Willful failure to provide notice when notice is | 4 |
| required
under the
Parental Notice of Abortion Act of 1995.
| 5 |
| (41) Failure to establish and maintain records of | 6 |
| patient care and
treatment as required by this law.
| 7 |
| (42) Entering into an excessive number of written | 8 |
| collaborative
agreements with licensed advanced practice | 9 |
| nurses resulting in an inability to
adequately collaborate | 10 |
| and provide medical direction.
| 11 |
| (43) Repeated failure to adequately collaborate with | 12 |
| or provide medical
direction to a licensed advanced | 13 |
| practice nurse.
| 14 |
| (44) Prescribing, selling, administering, | 15 |
| distributing, giving, or self-administering any drug | 16 |
| without the authorization to do so as outlined in this Act. | 17 |
| (45) Performing or directing a minor office procedure | 18 |
| without the authorization to do so as set forth in this | 19 |
| Act.
| 20 |
| All proceedings to suspend,
revoke, place on probationary | 21 |
| status, or take any
other disciplinary action as the Department | 22 |
| may deem proper, with regard to a
license on any of the | 23 |
| foregoing grounds, must be commenced within 3 years next
after | 24 |
| receipt by the Department of a complaint alleging the | 25 |
| commission of or
notice of the conviction order for any of the | 26 |
| acts described herein. Except
for the grounds numbered (8), (9) | 27 |
| and (29), no action shall be commenced more
than 5 years after | 28 |
| the date of the incident or act alleged to have violated
this | 29 |
| Section. In the event of the settlement of any claim or cause | 30 |
| of action
in favor of the claimant or the reduction to final | 31 |
| judgment of any civil action
in favor of the plaintiff, such | 32 |
| claim, cause of action or civil action being
grounded on the | 33 |
| allegation that a person licensed under this Act was negligent
| 34 |
| in providing care, the Department shall have an additional | 35 |
| period of one year
from the date of notification to the | 36 |
| Department under Section 23 of this Act
of such settlement or |
|
|
|
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|
| 1 |
| final judgment in which to investigate and
commence formal | 2 |
| disciplinary proceedings under Section 36 of this Act, except
| 3 |
| as otherwise provided by law. The time during which the holder | 4 |
| of the license
was outside the State of Illinois shall not be | 5 |
| included within any period of
time limiting the commencement of | 6 |
| disciplinary action by the Department.
| 7 |
| The entry of an order or judgment by any circuit court | 8 |
| establishing that any
person holding a license under this Act | 9 |
| is a person in need of mental treatment
operates as a | 10 |
| suspension of that license. That person may resume their
| 11 |
| practice only upon the entry of a Departmental order based upon | 12 |
| a finding by
the Medical Disciplinary Board that they have been | 13 |
| determined to be recovered
from mental illness by the court and | 14 |
| upon the Disciplinary Board's
recommendation that they be | 15 |
| permitted to resume their practice.
| 16 |
| The Department may refuse to issue or take disciplinary | 17 |
| action concerning the license of any person
who fails to file a | 18 |
| return, or to pay the tax, penalty or interest shown in a
filed | 19 |
| return, or to pay any final assessment of tax, penalty or | 20 |
| interest, as
required by any tax Act administered by the | 21 |
| Illinois Department of Revenue,
until such time as the | 22 |
| requirements of any such tax Act are satisfied as
determined by | 23 |
| the Illinois Department of Revenue.
| 24 |
| The Department, upon the recommendation of the | 25 |
| Disciplinary Board, shall
adopt rules which set forth standards | 26 |
| to be used in determining:
| 27 |
| (a) when a person will be deemed sufficiently | 28 |
| rehabilitated to warrant the
public trust;
| 29 |
| (b) what constitutes dishonorable, unethical or | 30 |
| unprofessional conduct of
a character likely to deceive, | 31 |
| defraud, or harm the public;
| 32 |
| (c) what constitutes immoral conduct in the commission | 33 |
| of any act,
including, but not limited to, commission of an | 34 |
| act of sexual misconduct
related
to the licensee's | 35 |
| practice; and
| 36 |
| (d) what constitutes gross negligence in the practice |
|
|
|
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|
| 1 |
| of medicine.
| 2 |
| However, no such rule shall be admissible into evidence in | 3 |
| any civil action
except for review of a licensing or other | 4 |
| disciplinary action under this Act.
| 5 |
| In enforcing this Section, the Medical Disciplinary Board,
| 6 |
| upon a showing of a possible violation, may compel any | 7 |
| individual licensed to
practice under this Act, or who has | 8 |
| applied for licensure or a permit
pursuant to this Act, to | 9 |
| submit to a mental or physical examination, or both,
as | 10 |
| required by and at the expense of the Department. The examining | 11 |
| physician
or physicians shall be those specifically designated | 12 |
| by the Disciplinary Board.
The Medical Disciplinary Board or | 13 |
| the Department may order the examining
physician to present | 14 |
| testimony concerning this mental or physical examination
of the | 15 |
| licensee or applicant. No information shall be excluded by | 16 |
| reason of
any common
law or statutory privilege relating to | 17 |
| communication between the licensee or
applicant and
the | 18 |
| examining physician.
The individual to be examined may have, at | 19 |
| his or her own expense, another
physician of his or her choice | 20 |
| present during all aspects of the examination.
Failure of any | 21 |
| individual to submit to mental or physical examination, when
| 22 |
| directed, shall be grounds for suspension of his or her license | 23 |
| until such time
as the individual submits to the examination if | 24 |
| the Disciplinary Board finds,
after notice and hearing, that | 25 |
| the refusal to submit to the examination was
without reasonable | 26 |
| cause. If the Disciplinary Board finds a physician unable
to | 27 |
| practice because of the reasons set forth in this Section, the | 28 |
| Disciplinary
Board shall require such physician to submit to | 29 |
| care, counseling, or treatment
by physicians approved or | 30 |
| designated by the Disciplinary Board, as a condition
for | 31 |
| continued, reinstated, or renewed licensure to practice. Any | 32 |
| physician,
whose license was granted pursuant to Sections 9, | 33 |
| 17, or 19 of this Act, or,
continued, reinstated, renewed, | 34 |
| disciplined or supervised, subject to such
terms, conditions or | 35 |
| restrictions who shall fail to comply with such terms,
| 36 |
| conditions or restrictions, or to complete a required program |
|
|
|
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LRB094 06675 RAS 36769 b |
|
| 1 |
| of care,
counseling, or treatment, as determined by the Chief | 2 |
| Medical Coordinator or
Deputy Medical Coordinators, shall be | 3 |
| referred to the Director for a
determination as to whether the | 4 |
| licensee shall have their license suspended
immediately, | 5 |
| pending a hearing by the Disciplinary Board. In instances in
| 6 |
| which the Director immediately suspends a license under this | 7 |
| Section, a hearing
upon such person's license must be convened | 8 |
| by the Disciplinary Board within 15
days after such suspension | 9 |
| and completed without appreciable delay. The
Disciplinary | 10 |
| Board shall have the authority to review the subject | 11 |
| physician's
record of treatment and counseling regarding the | 12 |
| impairment, to the extent
permitted by applicable federal | 13 |
| statutes and regulations safeguarding the
confidentiality of | 14 |
| medical records.
| 15 |
| An individual licensed under this Act, affected under this | 16 |
| Section, shall be
afforded an opportunity to demonstrate to the | 17 |
| Disciplinary Board that they can
resume practice in compliance | 18 |
| with acceptable and prevailing standards under
the provisions | 19 |
| of their license.
| 20 |
| The Department may promulgate rules for the imposition of | 21 |
| fines in
disciplinary cases, not to exceed $5,000 for each | 22 |
| violation of this Act. Fines
may be imposed in conjunction with | 23 |
| other forms of disciplinary action, but
shall not be the | 24 |
| exclusive disposition of any disciplinary action arising out
of | 25 |
| conduct resulting in death or injury to a patient. Any funds | 26 |
| collected from
such fines shall be deposited in the Medical | 27 |
| Disciplinary Fund.
| 28 |
| (B) The Department shall revoke the license or visiting
| 29 |
| permit of any person issued under this Act to practice medicine | 30 |
| or to treat
human ailments without the use of drugs and without | 31 |
| operative surgery, who
has been convicted a second time of | 32 |
| committing any felony under the
Illinois Controlled Substances | 33 |
| Act, or who has been convicted a second time of
committing a | 34 |
| Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | 35 |
| Public
Aid Code. A person whose license or visiting permit is | 36 |
| revoked
under
this subsection B of Section 22 of this Act shall |
|
|
|
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LRB094 06675 RAS 36769 b |
|
| 1 |
| be prohibited from practicing
medicine or treating human | 2 |
| ailments without the use of drugs and without
operative | 3 |
| surgery.
| 4 |
| (C) The Medical Disciplinary Board shall recommend to the
| 5 |
| Department civil
penalties and any other appropriate | 6 |
| discipline in disciplinary cases when the
Board finds that a | 7 |
| physician willfully performed an abortion with actual
| 8 |
| knowledge that the person upon whom the abortion has been | 9 |
| performed is a minor
or an incompetent person without notice as | 10 |
| required under the Parental Notice
of Abortion Act of 1995. | 11 |
| Upon the Board's recommendation, the Department shall
impose, | 12 |
| for the first violation, a civil penalty of $1,000 and for a | 13 |
| second or
subsequent violation, a civil penalty of $5,000.
| 14 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | 15 |
| eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| 16 |
| (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| 17 |
| (Section scheduled to be repealed on January 1, 2007)
| 18 |
| Sec. 23. Reports relating to professional conduct
and | 19 |
| capacity.
| 20 |
| (A) Entities required to report.
| 21 |
| (1) Health care institutions. The chief administrator
| 22 |
| or executive officer of any health care institution | 23 |
| licensed
by the Illinois Department of Public Health shall | 24 |
| report to
the Disciplinary Board when any person's clinical | 25 |
| privileges
are terminated or are restricted based on a | 26 |
| final
determination, in accordance with that institution's | 27 |
| by-laws
or rules and regulations, that a person has either | 28 |
| committed
an act or acts which may directly threaten | 29 |
| patient care, and not of an
administrative nature, or that | 30 |
| a person may be mentally or
physically disabled in such a | 31 |
| manner as to endanger patients
under that person's care. | 32 |
| Such officer also shall report if
a person accepts | 33 |
| voluntary termination or restriction of
clinical | 34 |
| privileges in lieu of formal action based upon conduct | 35 |
| related
directly to patient care and
not of an |
|
|
|
HB1591 |
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|
| 1 |
| administrative nature, or in lieu of formal action
seeking | 2 |
| to determine whether a person may be mentally or
physically | 3 |
| disabled in such a manner as to endanger patients
under | 4 |
| that person's care. The Medical Disciplinary Board
shall, | 5 |
| by rule, provide for the reporting to it of all
instances | 6 |
| in which a person, licensed under this Act, who is
impaired | 7 |
| by reason of age, drug or alcohol abuse or physical
or | 8 |
| mental impairment, is under supervision and, where
| 9 |
| appropriate, is in a program of rehabilitation. Such
| 10 |
| reports shall be strictly confidential and may be reviewed
| 11 |
| and considered only by the members of the Disciplinary
| 12 |
| Board, or by authorized staff as provided by rules of the
| 13 |
| Disciplinary Board. Provisions shall be made for the
| 14 |
| periodic report of the status of any such person not less
| 15 |
| than twice annually in order that the Disciplinary Board
| 16 |
| shall have current information upon which to determine the
| 17 |
| status of any such person. Such initial and periodic
| 18 |
| reports of impaired physicians shall not be considered
| 19 |
| records within the meaning of The State Records Act and
| 20 |
| shall be disposed of, following a determination by the
| 21 |
| Disciplinary Board that such reports are no longer | 22 |
| required,
in a manner and at such time as the Disciplinary | 23 |
| Board shall
determine by rule. The filing of such reports | 24 |
| shall be
construed as the filing of a report for purposes | 25 |
| of
subsection (C) of this Section.
| 26 |
| (2) Professional associations. The President or chief
| 27 |
| executive officer of any association or society, of persons
| 28 |
| licensed under this Act, operating within this State shall
| 29 |
| report to the Disciplinary Board when the association or
| 30 |
| society renders a final determination that a person has
| 31 |
| committed unprofessional conduct related directly to | 32 |
| patient
care or that a person may be mentally or physically | 33 |
| disabled
in such a manner as to endanger patients under | 34 |
| that person's
care.
| 35 |
| (3) Professional liability insurers. Every insurance
| 36 |
| company which offers policies of professional liability
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| insurance to persons licensed under this Act, or any other
| 2 |
| entity which seeks to indemnify the professional liability
| 3 |
| of a person licensed under this Act, shall report to the
| 4 |
| Disciplinary Board the settlement of any claim or cause of
| 5 |
| action, or final judgment rendered in any cause of action,
| 6 |
| which alleged negligence in the furnishing of medical care
| 7 |
| by such licensed person when such settlement or final
| 8 |
| judgment is in favor of the plaintiff.
| 9 |
| (4) State's Attorneys. The State's Attorney of each
| 10 |
| county shall report to the Disciplinary Board all instances
| 11 |
| in which a person licensed under this Act is convicted or
| 12 |
| otherwise found guilty of the commission of any felony. The | 13 |
| State's Attorney
of each county may report to the | 14 |
| Disciplinary Board through a verified
complaint any | 15 |
| instance in which the State's Attorney believes that a | 16 |
| physician
has willfully violated the notice requirements | 17 |
| of the Parental Notice of
Abortion Act of 1995.
| 18 |
| (5) State agencies. All agencies, boards,
commissions, | 19 |
| departments, or other instrumentalities of the
government | 20 |
| of the State of Illinois shall report to the
Disciplinary | 21 |
| Board any instance arising in connection with
the | 22 |
| operations of such agency, including the administration
of | 23 |
| any law by such agency, in which a person licensed under
| 24 |
| this Act has either committed an act or acts which may be a
| 25 |
| violation of this Act or which may constitute | 26 |
| unprofessional
conduct related directly to patient care or | 27 |
| which indicates
that a person licensed under this Act may | 28 |
| be mentally or
physically disabled in such a manner as to | 29 |
| endanger patients
under that person's care.
| 30 |
| (B) Mandatory reporting. All reports required by items | 31 |
| (34), (35), and
(36) of subsection (A) of Section 22 and by | 32 |
| Section 23 shall be submitted to the Disciplinary Board in a | 33 |
| timely
fashion. The reports shall be filed in writing within 60
| 34 |
| days after a determination that a report is required under
this | 35 |
| Act. All reports shall contain the following
information:
| 36 |
| (1) The name, address and telephone number of the
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| person making the report.
| 2 |
| (2) The name, address and telephone number of the
| 3 |
| person who is the subject of the report.
| 4 |
| (3) The name or other means of identification of any
| 5 |
| patient or patients whose treatment is a subject of the
| 6 |
| report, provided, however, no medical records may be
| 7 |
| revealed without the written consent of the patient or
| 8 |
| patients.
| 9 |
| (4) A brief description of the facts which gave rise
to | 10 |
| the issuance of the report, including the dates of any
| 11 |
| occurrences deemed to necessitate the filing of the report.
| 12 |
| (5) If court action is involved, the identity of the
| 13 |
| court in which the action is filed, along with the docket
| 14 |
| number and date of filing of the action.
| 15 |
| (6) Any further pertinent information which the
| 16 |
| reporting party deems to be an aid in the evaluation of the
| 17 |
| report.
| 18 |
| The Department shall have the right to inform patients of | 19 |
| the right to
provide written consent for the Department to | 20 |
| obtain copies of hospital and
medical records.
The Disciplinary | 21 |
| Board or Department may exercise the power under Section
38 of | 22 |
| this Act to subpoena copies of hospital or medical records in | 23 |
| mandatory
report cases alleging death or permanent bodily | 24 |
| injury when consent to obtain
records is not provided by a | 25 |
| patient or legal representative. Appropriate
rules shall be | 26 |
| adopted by the Department with the approval of the Disciplinary
| 27 |
| Board.
| 28 |
| When the Department has received written reports | 29 |
| concerning incidents
required to be reported in items (34), | 30 |
| (35), and (36) of subsection (A) of
Section 22, the licensee's | 31 |
| failure to report the incident to the Department
under those | 32 |
| items shall not be the sole grounds for disciplinary action.
| 33 |
| Nothing contained in this Section shall act to in any
way, | 34 |
| waive or modify the confidentiality of medical reports
and | 35 |
| committee reports to the extent provided by law. Any
| 36 |
| information reported or disclosed shall be kept for the
|
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| confidential use of the Disciplinary Board, the Medical
| 2 |
| Coordinators, the Disciplinary Board's attorneys, the
medical | 3 |
| investigative staff, and authorized clerical staff,
as | 4 |
| provided in this Act, and shall be afforded the same
status as | 5 |
| is provided information concerning medical studies
in Part 21 | 6 |
| of Article VIII of the Code of Civil Procedure.
| 7 |
| (C) Immunity from prosecution. Any individual or
| 8 |
| organization acting in good faith, and not in a wilful and
| 9 |
| wanton manner, in complying with this Act by providing any
| 10 |
| report or other information to the Disciplinary Board, or
| 11 |
| assisting in the investigation or preparation of such
| 12 |
| information, or by participating in proceedings of the
| 13 |
| Disciplinary Board, or by serving as a member of the
| 14 |
| Disciplinary Board, shall not, as a result of such actions,
be | 15 |
| subject to criminal prosecution or civil damages.
| 16 |
| (D) Indemnification. Members of the Disciplinary
Board, | 17 |
| the Medical Coordinators, the Disciplinary Board's
attorneys, | 18 |
| the medical investigative staff, physicians
retained under | 19 |
| contract to assist and advise the medical
coordinators in the | 20 |
| investigation, and authorized clerical
staff shall be | 21 |
| indemnified by the State for any actions
occurring within the | 22 |
| scope of services on the Disciplinary
Board, done in good faith | 23 |
| and not wilful and wanton in
nature. The Attorney General shall | 24 |
| defend all such actions
unless he or she determines either that | 25 |
| there would be a
conflict of interest in such representation or | 26 |
| that the
actions complained of were not in good faith or were | 27 |
| wilful
and wanton.
| 28 |
| Should the Attorney General decline representation, the
| 29 |
| member shall have the right to employ counsel of his or her
| 30 |
| choice, whose fees shall be provided by the State, after
| 31 |
| approval by the Attorney General, unless there is a
| 32 |
| determination by a court that the member's actions were not
in | 33 |
| good faith or were wilful and wanton.
| 34 |
| The member must notify the Attorney General within 7
days | 35 |
| of receipt of notice of the initiation of any action
involving | 36 |
| services of the Disciplinary Board. Failure to so
notify the |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| Attorney General shall constitute an absolute
waiver of the | 2 |
| right to a defense and indemnification.
| 3 |
| The Attorney General shall determine within 7 days
after | 4 |
| receiving such notice, whether he or she will
undertake to | 5 |
| represent the member.
| 6 |
| (E) Deliberations of Disciplinary Board. Upon the
receipt | 7 |
| of any report called for by this Act, other than
those reports | 8 |
| of impaired persons licensed under this Act
required pursuant | 9 |
| to the rules of the Disciplinary Board,
the Disciplinary Board | 10 |
| shall notify in writing, by certified
mail, the person who is | 11 |
| the subject of the report. Such
notification shall be made | 12 |
| within 30 days of receipt by the
Disciplinary Board of the | 13 |
| report.
| 14 |
| The notification shall include a written notice setting
| 15 |
| forth the person's right to examine the report. Included in
| 16 |
| such notification shall be the address at which the file is
| 17 |
| maintained, the name of the custodian of the reports, and
the | 18 |
| telephone number at which the custodian may be reached.
The | 19 |
| person who is the subject of the report shall submit a written | 20 |
| statement responding,
clarifying, adding to, or proposing the | 21 |
| amending of the
report previously filed. The statement shall | 22 |
| become a
permanent part of the file and must be received by the
| 23 |
| Disciplinary Board no more than 60 days after the date on
which | 24 |
| the person was notified by the Disciplinary Board of the | 25 |
| existence of
the
original report.
| 26 |
| The Disciplinary Board shall review all reports
received by | 27 |
| it, together with any supporting information and
responding | 28 |
| statements submitted by persons who are the
subject of reports. | 29 |
| The review by the Disciplinary Board
shall be in a timely | 30 |
| manner but in no event, shall the
Disciplinary Board's initial | 31 |
| review of the material
contained in each disciplinary file be | 32 |
| less than 61 days nor
more than 180 days after the receipt of | 33 |
| the initial report
by the Disciplinary Board.
| 34 |
| When the Disciplinary Board makes its initial review of
the | 35 |
| materials contained within its disciplinary files, the
| 36 |
| Disciplinary Board shall, in writing, make a determination
as |
|
|
|
HB1591 |
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LRB094 06675 RAS 36769 b |
|
| 1 |
| to whether there are sufficient facts to warrant further
| 2 |
| investigation or action. Failure to make such determination
| 3 |
| within the time provided shall be deemed to be a
determination | 4 |
| that there are not sufficient facts to warrant
further | 5 |
| investigation or action.
| 6 |
| Should the Disciplinary Board find that there are not
| 7 |
| sufficient facts to warrant further investigation, or
action, | 8 |
| the report shall be accepted for filing and the
matter shall be | 9 |
| deemed closed and so reported to the Director. The Director
| 10 |
| shall then have 30 days to accept the Medical Disciplinary | 11 |
| Board's decision or
request further investigation. The | 12 |
| Director shall inform the Board in writing
of the decision to | 13 |
| request further investigation, including the specific
reasons | 14 |
| for the decision. The
individual or entity filing the original | 15 |
| report or complaint
and the person who is the subject of the | 16 |
| report or complaint
shall be notified in writing by the | 17 |
| Director of
any final action on their report or complaint.
| 18 |
| (F) Summary reports. The Disciplinary Board shall
prepare, | 19 |
| on a timely basis, but in no event less than one
every other | 20 |
| month, a summary report of final actions taken
upon | 21 |
| disciplinary files maintained by the Disciplinary Board.
The | 22 |
| summary reports shall be sent by the Disciplinary Board
to | 23 |
| every health care facility licensed by the Illinois
Department | 24 |
| of Public Health, every professional association
and society of | 25 |
| persons licensed under this Act functioning
on a statewide | 26 |
| basis in this State, the American Medical
Association, the | 27 |
| American Osteopathic Association, the American Association of | 28 |
| Naturopathic Physicians, the
American Chiropractic | 29 |
| Association, all insurers providing
professional liability | 30 |
| insurance to persons licensed under
this Act in the State of | 31 |
| Illinois, the Federation of State
Medical Licensing Boards, and | 32 |
| the Illinois Pharmacists
Association.
| 33 |
| (G) Any violation of this Section shall be a Class A
| 34 |
| misdemeanor.
| 35 |
| (H) If any such person violates the provisions of this
| 36 |
| Section an action may be brought in the name of the People
of |
|
|
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| 1 |
| the State of Illinois, through the Attorney General of
the | 2 |
| State of Illinois, for an order enjoining such violation
or for | 3 |
| an order enforcing compliance with this Section.
Upon filing of | 4 |
| a verified petition in such court, the court
may issue a | 5 |
| temporary restraining order without notice or
bond and may | 6 |
| preliminarily or permanently enjoin such
violation, and if it | 7 |
| is established that such person has
violated or is violating | 8 |
| the injunction, the court may
punish the offender for contempt | 9 |
| of court. Proceedings
under this paragraph shall be in addition | 10 |
| to, and not in
lieu of, all other remedies and penalties | 11 |
| provided for by
this Section.
| 12 |
| (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | 13 |
| eff.
1-1-99.)
| 14 |
| (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| 15 |
| (Section scheduled to be repealed on January 1, 2007)
| 16 |
| Sec. 24. Report of violations; medical associations. Any | 17 |
| physician
licensed under this Act, the
Illinois State Medical | 18 |
| Society, the Illinois Association of
Osteopathic Physicians | 19 |
| and Surgeons, the Illinois Association of Naturopathic | 20 |
| Physicians, the Illinois
Chiropractic Society, the Illinois | 21 |
| Prairie State Chiropractic Association,
or any component | 22 |
| societies of any of
these 5
4 groups, and any other person, may | 23 |
| report to the
Disciplinary Board any information the physician,
| 24 |
| association, society, or person may have that appears to
show | 25 |
| that a physician is or may be in violation of any of
the | 26 |
| provisions of Section 22 of this Act.
| 27 |
| The Department may enter into agreements with the
Illinois | 28 |
| State Medical Society, the Illinois Association of
Osteopathic | 29 |
| Physicians and Surgeons, the Illinois Association of | 30 |
| Naturopathic Physicians, the Illinois Prairie State | 31 |
| Chiropractic
Association, or the Illinois
Chiropractic Society | 32 |
| to allow these
organizations to assist the Disciplinary Board | 33 |
| in the review
of alleged violations of this Act. Subject to the | 34 |
| approval
of the Department, any organization party to such an
| 35 |
| agreement may subcontract with other individuals or
|
|
|
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| 1 |
| organizations to assist in review.
| 2 |
| Any physician, association, society, or person
| 3 |
| participating in good faith in the making of a report, under
| 4 |
| this Act or participating in or assisting with an
investigation | 5 |
| or review under this Section shall have
immunity from any | 6 |
| civil, criminal, or other liability that might result by reason | 7 |
| of those actions.
| 8 |
| The medical information in the custody of an entity
under | 9 |
| contract with the Department participating in an
investigation | 10 |
| or review shall be privileged and confidential
to the same | 11 |
| extent as are information and reports under the
provisions of | 12 |
| Part 21 of Article VIII of the Code of Civil
Procedure.
| 13 |
| For the purpose of any civil or criminal proceedings,
the | 14 |
| good faith of any physician, association, society
or person | 15 |
| shall be presumed. The Disciplinary Board may
request the | 16 |
| Illinois State Medical Society, the Illinois
Association of | 17 |
| Osteopathic Physicians and Surgeons, the Illinois Association | 18 |
| of Naturopathic Physicians, the Illinois Prairie
State | 19 |
| Chiropractic Association, or the
Illinois Chiropractic Society | 20 |
| to assist the Disciplinary
Board in preparing for or conducting | 21 |
| any medical competency
examination as the Board may deem | 22 |
| appropriate.
| 23 |
| (Source: P.A. 88-324.)
| 24 |
| (225 ILCS 60/33.5 new) | 25 |
| Sec. 33.5. Limited prescriptive authority; supervision; | 26 |
| standards and protocol. Authorization to treat human ailments | 27 |
| with limited prescriptive authority shall be applied in the | 28 |
| following manner: | 29 |
| (A) In this Section:
| 30 |
| "Furnishing" means and includes: | 31 |
| (1) ordering a drug in accordance with standardized | 32 |
| procedure; or | 33 |
| (2) transmitting the order of a supervising physician.
| 34 |
| "Drug order" or "order" means an order for medication which | 35 |
| is dispensed to or dispensed for an ultimate user and issued by |
|
|
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| a physician with limited prescriptive authority as an | 2 |
| individual practitioner, within the meaning of Part 1306 of | 3 |
| Title 21 of the Code of Federal Regulations.
| 4 |
| (B) The authority to use all routes for furnishing | 5 |
| prescription drugs under this Act shall be consistent with the | 6 |
| oversight and supervision requirements of this Section. | 7 |
| (C) Nothing in this Section or any other provision of law | 8 |
| shall be construed to prohibit a physician with limited | 9 |
| prescriptive authority from furnishing or ordering drugs if all | 10 |
| of the following conditions are met: | 11 |
| (1) The drugs must be furnished or ordered by a | 12 |
| physician with limited prescriptive authority in | 13 |
| accordance with standardized procedures or protocols | 14 |
| developed by the physician and his or her supervising | 15 |
| physician. | 16 |
| (2) The supervising physician must be a physician | 17 |
| licensed under this Act to practice medicine in all of its | 18 |
| branches. | 19 |
| (3) The physician who has limited prescriptive | 20 |
| authority must function pursuant to standardized procedure | 21 |
| or protocol provided for by this Act. The standardized | 22 |
| procedure or protocol shall be developed and approved by | 23 |
| the supervising physician, the physician with limited | 24 |
| prescriptive authority, and, where applicable, the | 25 |
| facility administrator or his or her designee. | 26 |
| (4) The standardized procedure or protocol covering | 27 |
| the furnishing of drugs must set forth those physicians | 28 |
| with limited prescriptive authority who may furnish or | 29 |
| order drugs, the drugs that may be furnished or ordered and | 30 |
| the circumstances under which the drugs may be furnished or | 31 |
| ordered, the extent of physician supervision, and the | 32 |
| method of periodic review of the competence of the | 33 |
| physician who has limited prescriptive authority, | 34 |
| including peer review and review of the standardized | 35 |
| procedure. | 36 |
| (5) The furnishing or ordering of drugs by a physician |
|
|
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| with limited prescriptive authority must occur under | 2 |
| physician supervision. Physician supervision shall not be | 3 |
| construed to require the physical presence of the | 4 |
| physician, but does include (i) collaboration concerning | 5 |
| the development of the standardized procedure, (ii) | 6 |
| approval of the standardized procedure, and (iii) | 7 |
| availability by telephonic contact at the time of patient | 8 |
| examination by the physician with limited prescriptive | 9 |
| authority. | 10 |
| (D) For purposes of this Section, a physician shall not | 11 |
| supervise more than 4 physicians with limited prescriptive | 12 |
| authority at any one time. | 13 |
| (E) Drugs furnished or ordered by a physician with limited | 14 |
| prescriptive authority may include Schedule III, IV, and V, | 15 |
| controlled substances, as defined by the Illinois Controlled | 16 |
| Substances Act, and shall be further limited to those drugs | 17 |
| agreed upon by the physician who has limited prescriptive | 18 |
| authority and the supervising physician and specified in the | 19 |
| standardized procedure. When Schedule III controlled | 20 |
| substances are furnished or ordered by a physician with limited | 21 |
| prescriptive authority, the Schedule III controlled substances | 22 |
| shall be furnished or ordered in accordance with a | 23 |
| patient-specific protocol approved by the treating or | 24 |
| supervising physician. Upon request, the physician with | 25 |
| limited prescribing authority shall provide a copy of the | 26 |
| section of the standardized procedure that relates to | 27 |
| controlled substances to a licensed pharmacist who dispenses | 28 |
| drugs. | 29 |
| (F) The Board shall certify that the physician with limited | 30 |
| prescriptive authority has satisfactorily completed adequate | 31 |
| coursework in pharmacology covering the drugs that shall be | 32 |
| furnished or ordered. The Board shall establish the | 33 |
| requirements for satisfactory completion of the coursework | 34 |
| required by this subsection (F). | 35 |
| (G) Notwithstanding any other provision of law: | 36 |
| (1) A drug order issued under this Section shall be |
|
|
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| 1 |
| treated in the same manner as a prescription of the | 2 |
| supervising physician. | 3 |
| (2) All references to the word "prescription" in this | 4 |
| Act shall include drug orders issued by physicians with | 5 |
| limited prescriptive authority. | 6 |
| (3) The signature of a physician with limited | 7 |
| prescriptive authority on a drug order issued in accordance | 8 |
| with this Section shall be deemed to be the signature of a | 9 |
| prescriber for purposes of this Act. | 10 |
| (4) A physician with limited prescriptive authority | 11 |
| may independently prescribe epinephrine to treat | 12 |
| anaphylaxis and natural and synthetic hormones.
| 13 |
| (225 ILCS 60/34) (from Ch. 111, par. 4400-34)
| 14 |
| (Section scheduled to be repealed on January 1, 2007)
| 15 |
| Sec. 34. The provisions of this Act shall not be so
| 16 |
| construed nor shall they be so administered as to
discriminate | 17 |
| against any type or category of physician or
against any | 18 |
| medical, osteopathic , naturopathic, or chiropractic college.
| 19 |
| (Source: P.A. 85-4.)
| 20 |
| (225 ILCS 60/51) (from Ch. 111, par. 4400-51)
| 21 |
| (Section scheduled to be repealed on January 1, 2007)
| 22 |
| Sec. 51. Any person who treats human ailments by
the use of | 23 |
| drugs or operative surgery and has only a license
to treat | 24 |
| human ailments without the use of drugs and without
operative | 25 |
| surgery, shall be sentenced as provided in Section
59. Those | 26 |
| physicians authorized under this Act to treat human ailments | 27 |
| with limited prescriptive authority or through the performance | 28 |
| of minor office procedures shall not be subject to sentencing | 29 |
| if acting within the bounds of Sections 11 and 34 of this Act.
| 30 |
| (Source: P.A. 85-4.)
| 31 |
| Section 10. The Illinois Controlled Substances Act is | 32 |
| amended by changing Section 102 as follows: |
|
|
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|
| 1 |
| (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | 2 |
| Sec. 102. Definitions. As used in this Act, unless the | 3 |
| context
otherwise requires:
| 4 |
| (a) "Addict" means any person who habitually uses any drug, | 5 |
| chemical,
substance or dangerous drug other than alcohol so as | 6 |
| to endanger the public
morals, health, safety or welfare or who | 7 |
| is so far addicted to the use of a
dangerous drug or controlled | 8 |
| substance other than alcohol as to have lost
the power of self | 9 |
| control with reference to his addiction.
| 10 |
| (b) "Administer" means the direct application of a | 11 |
| controlled
substance, whether by injection, inhalation, | 12 |
| ingestion, or any other
means, to the body of a patient, | 13 |
| research subject, or animal (as
defined by the Humane | 14 |
| Euthanasia in Animal Shelters Act) by:
| 15 |
| (1) a practitioner (or, in his presence, by his | 16 |
| authorized agent),
| 17 |
| (2) the patient or research subject at the lawful | 18 |
| direction of the
practitioner, or
| 19 |
| (3) a euthanasia technician as defined by the Humane | 20 |
| Euthanasia in
Animal Shelters Act.
| 21 |
| (c) "Agent" means an authorized person who acts on behalf | 22 |
| of or at
the direction of a manufacturer, distributor, or | 23 |
| dispenser. It does not
include a common or contract carrier, | 24 |
| public warehouseman or employee of
the carrier or warehouseman.
| 25 |
| (c-1) "Anabolic Steroids" means any drug or hormonal | 26 |
| substance,
chemically and pharmacologically related to | 27 |
| testosterone (other than
estrogens, progestins, and | 28 |
| corticosteroids) that promotes muscle growth,
and includes:
| 29 |
| (i) boldenone,
| 30 |
| (ii) chlorotestosterone,
| 31 |
| (iii) chostebol,
| 32 |
| (iv) dehydrochlormethyltestosterone,
| 33 |
| (v) dihydrotestosterone,
| 34 |
| (vi) drostanolone,
| 35 |
| (vii) ethylestrenol,
| 36 |
| (viii) fluoxymesterone,
|
|
|
|
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|
| 1 |
| (ix) formebulone,
| 2 |
| (x) mesterolone,
| 3 |
| (xi) methandienone,
| 4 |
| (xii) methandranone,
| 5 |
| (xiii) methandriol,
| 6 |
| (xiv) methandrostenolone,
| 7 |
| (xv) methenolone,
| 8 |
| (xvi) methyltestosterone,
| 9 |
| (xvii) mibolerone,
| 10 |
| (xviii) nandrolone,
| 11 |
| (xix) norethandrolone,
| 12 |
| (xx) oxandrolone,
| 13 |
| (xxi) oxymesterone,
| 14 |
| (xxii) oxymetholone,
| 15 |
| (xxiii) stanolone,
| 16 |
| (xxiv) stanozolol,
| 17 |
| (xxv) testolactone,
| 18 |
| (xxvi) testosterone,
| 19 |
| (xxvii) trenbolone, and
| 20 |
| (xxviii) any salt, ester, or isomer of a drug or | 21 |
| substance described
or listed in this paragraph, if | 22 |
| that salt, ester, or isomer promotes muscle
growth.
| 23 |
| Any person who is otherwise lawfully in possession of an | 24 |
| anabolic
steroid, or who otherwise lawfully manufactures, | 25 |
| distributes, dispenses,
delivers, or possesses with intent to | 26 |
| deliver an anabolic steroid, which
anabolic steroid is | 27 |
| expressly intended for and lawfully allowed to be
administered | 28 |
| through implants to livestock or other nonhuman species, and
| 29 |
| which is approved by the Secretary of Health and Human Services | 30 |
| for such
administration, and which the person intends to | 31 |
| administer or have
administered through such implants, shall | 32 |
| not be considered to be in
unauthorized possession or to | 33 |
| unlawfully manufacture, distribute, dispense,
deliver, or | 34 |
| possess with intent to deliver such anabolic steroid for
| 35 |
| purposes of this Act.
| 36 |
| (d) "Administration" means the Drug Enforcement |
|
|
|
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|
| 1 |
| Administration,
United States Department of Justice, or its | 2 |
| successor agency.
| 3 |
| (e) "Control" means to add a drug or other substance, or | 4 |
| immediate
precursor, to a Schedule under Article II of this Act | 5 |
| whether by
transfer from another Schedule or otherwise.
| 6 |
| (f) "Controlled Substance" means a drug, substance, or | 7 |
| immediate
precursor in the Schedules of Article II of this Act.
| 8 |
| (g) "Counterfeit substance" means a controlled substance, | 9 |
| which, or
the container or labeling of which, without | 10 |
| authorization bears the
trademark, trade name, or other | 11 |
| identifying mark, imprint, number or
device, or any likeness | 12 |
| thereof, of a manufacturer, distributor, or
dispenser other | 13 |
| than the person who in fact manufactured, distributed,
or | 14 |
| dispensed the substance.
| 15 |
| (h) "Deliver" or "delivery" means the actual, constructive | 16 |
| or
attempted transfer of possession of a controlled substance, | 17 |
| with or
without consideration, whether or not there is an | 18 |
| agency relationship.
| 19 |
| (i) "Department" means the Illinois Department of Human | 20 |
| Services (as
successor to the Department of Alcoholism and | 21 |
| Substance Abuse) or its successor agency.
| 22 |
| (j) "Department of State Police" means the Department of | 23 |
| State
Police of the State of Illinois or its successor agency.
| 24 |
| (k) "Department of Corrections" means the Department of | 25 |
| Corrections
of the State of Illinois or its successor agency.
| 26 |
| (l) "Department of Professional Regulation" means the | 27 |
| Department
of Professional Regulation of the State of Illinois | 28 |
| or its successor agency.
| 29 |
| (m) "Depressant" or "stimulant substance" means:
| 30 |
| (1) a drug which contains any quantity of (i) | 31 |
| barbituric acid or
any of the salts of barbituric acid | 32 |
| which has been designated as habit
forming under section | 33 |
| 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | 34 |
| U.S.C. 352 (d)); or
| 35 |
| (2) a drug which contains any quantity of (i) | 36 |
| amphetamine or
methamphetamine and any of their optical |
|
|
|
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|
| 1 |
| isomers; (ii) any salt of
amphetamine or methamphetamine or | 2 |
| any salt of an optical isomer of
amphetamine; or (iii) any | 3 |
| substance which the Department, after
investigation, has | 4 |
| found to be, and by rule designated as, habit forming
| 5 |
| because of its depressant or stimulant effect on the | 6 |
| central nervous
system; or
| 7 |
| (3) lysergic acid diethylamide; or
| 8 |
| (4) any drug which contains any quantity of a substance | 9 |
| which the
Department, after investigation, has found to | 10 |
| have, and by rule
designated as having, a potential for | 11 |
| abuse because of its depressant or
stimulant effect on the | 12 |
| central nervous system or its hallucinogenic
effect.
| 13 |
| (n) (Blank).
| 14 |
| (o) "Director" means the Director of the Department of | 15 |
| State Police or
the Department of Professional Regulation or | 16 |
| his designated agents.
| 17 |
| (p) "Dispense" means to deliver a controlled substance to | 18 |
| an
ultimate user or research subject by or pursuant to the | 19 |
| lawful order of
a prescriber, including the prescribing, | 20 |
| administering, packaging,
labeling, or compounding necessary | 21 |
| to prepare the substance for that
delivery.
| 22 |
| (q) "Dispenser" means a practitioner who dispenses.
| 23 |
| (r) "Distribute" means to deliver, other than by | 24 |
| administering or
dispensing, a controlled substance.
| 25 |
| (s) "Distributor" means a person who distributes.
| 26 |
| (t) "Drug" means (1) substances recognized as drugs in the | 27 |
| official
United States Pharmacopoeia, Official Homeopathic | 28 |
| Pharmacopoeia of the
United States, or official National | 29 |
| Formulary, or any supplement to any
of them; (2) substances | 30 |
| intended for use in diagnosis, cure, mitigation,
treatment, or | 31 |
| prevention of disease in man or animals; (3) substances
(other | 32 |
| than food) intended to affect the structure of any function of
| 33 |
| the body of man or animals and (4) substances intended for use | 34 |
| as a
component of any article specified in clause (1), (2), or | 35 |
| (3) of this
subsection. It does not include devices or their | 36 |
| components, parts, or
accessories.
|
|
|
|
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| 1 |
| (t-5) "Euthanasia agency" means
an entity certified by the | 2 |
| Department of Professional Regulation for the
purpose of animal | 3 |
| euthanasia that holds an animal control facility license or
| 4 |
| animal
shelter license under the Animal Welfare Act. A | 5 |
| euthanasia agency is
authorized to purchase, store, possess, | 6 |
| and utilize Schedule II nonnarcotic and
Schedule III | 7 |
| nonnarcotic drugs for the sole purpose of animal euthanasia.
| 8 |
| (t-10) "Euthanasia drugs" means Schedule II or Schedule III | 9 |
| substances
(nonnarcotic controlled substances) that are used | 10 |
| by a euthanasia agency for
the purpose of animal euthanasia.
| 11 |
| (u) "Good faith" means the prescribing or dispensing of a | 12 |
| controlled
substance by a practitioner in the regular course of | 13 |
| professional
treatment to or for any person who is under his | 14 |
| treatment for a
pathology or condition other than that | 15 |
| individual's physical or
psychological dependence upon or | 16 |
| addiction to a controlled substance,
except as provided herein: | 17 |
| and application of the term to a pharmacist
shall mean the | 18 |
| dispensing of a controlled substance pursuant to the
| 19 |
| prescriber's order which in the professional judgment of the | 20 |
| pharmacist
is lawful. The pharmacist shall be guided by | 21 |
| accepted professional
standards including, but not limited to | 22 |
| the following, in making the
judgment:
| 23 |
| (1) lack of consistency of doctor-patient | 24 |
| relationship,
| 25 |
| (2) frequency of prescriptions for same drug by one | 26 |
| prescriber for
large numbers of patients,
| 27 |
| (3) quantities beyond those normally prescribed,
| 28 |
| (4) unusual dosages,
| 29 |
| (5) unusual geographic distances between patient, | 30 |
| pharmacist and
prescriber,
| 31 |
| (6) consistent prescribing of habit-forming drugs.
| 32 |
| (u-1) "Home infusion services" means services provided by a | 33 |
| pharmacy in
compounding solutions for direct administration to | 34 |
| a patient in a private
residence, long-term care facility, or | 35 |
| hospice setting by means of parenteral,
intravenous, | 36 |
| intramuscular, subcutaneous, or intraspinal infusion.
|
|
|
|
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|
| 1 |
| (v) "Immediate precursor" means a substance:
| 2 |
| (1) which the Department has found to be and by rule | 3 |
| designated as
being a principal compound used, or produced | 4 |
| primarily for use, in the
manufacture of a controlled | 5 |
| substance;
| 6 |
| (2) which is an immediate chemical intermediary used or | 7 |
| likely to
be used in the manufacture of such controlled | 8 |
| substance; and
| 9 |
| (3) the control of which is necessary to prevent, | 10 |
| curtail or limit
the manufacture of such controlled | 11 |
| substance.
| 12 |
| (w) "Instructional activities" means the acts of teaching, | 13 |
| educating
or instructing by practitioners using controlled | 14 |
| substances within
educational facilities approved by the State | 15 |
| Board of Education or
its successor agency.
| 16 |
| (x) "Local authorities" means a duly organized State, | 17 |
| County or
Municipal peace unit or police force.
| 18 |
| (y) "Look-alike substance" means a substance, other than a | 19 |
| controlled
substance which (1) by overall dosage unit | 20 |
| appearance, including shape,
color, size, markings or lack | 21 |
| thereof, taste, consistency, or any other
identifying physical | 22 |
| characteristic of the substance, would lead a reasonable
person | 23 |
| to believe that the substance is a controlled substance, or (2) | 24 |
| is
expressly or impliedly represented to be a controlled | 25 |
| substance or is
distributed under circumstances which would | 26 |
| lead a reasonable person to
believe that the substance is a | 27 |
| controlled substance. For the purpose of
determining whether | 28 |
| the representations made or the circumstances of the
| 29 |
| distribution would lead a reasonable person to believe the | 30 |
| substance to be
a controlled substance under this clause (2) of | 31 |
| subsection (y), the court or
other authority may consider the | 32 |
| following factors in addition to any other
factor that may be | 33 |
| relevant:
| 34 |
| (a) statements made by the owner or person in control | 35 |
| of the substance
concerning its nature, use or effect;
| 36 |
| (b) statements made to the buyer or recipient that the |
|
|
|
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|
| 1 |
| substance may
be resold for profit;
| 2 |
| (c) whether the substance is packaged in a manner | 3 |
| normally used for the
illegal distribution of controlled | 4 |
| substances;
| 5 |
| (d) whether the distribution or attempted distribution | 6 |
| included an
exchange of or demand for money or other | 7 |
| property as consideration, and
whether the amount of the | 8 |
| consideration was substantially greater than the
| 9 |
| reasonable retail market value of the substance.
| 10 |
| Clause (1) of this subsection (y) shall not apply to a | 11 |
| noncontrolled
substance in its finished dosage form that was | 12 |
| initially introduced into
commerce prior to the initial | 13 |
| introduction into commerce of a controlled
substance in its | 14 |
| finished dosage form which it may substantially resemble.
| 15 |
| Nothing in this subsection (y) prohibits the dispensing or | 16 |
| distributing
of noncontrolled substances by persons authorized | 17 |
| to dispense and
distribute controlled substances under this | 18 |
| Act, provided that such action
would be deemed to be carried | 19 |
| out in good faith under subsection (u) if the
substances | 20 |
| involved were controlled substances.
| 21 |
| Nothing in this subsection (y) or in this Act prohibits the | 22 |
| manufacture,
preparation, propagation, compounding, | 23 |
| processing, packaging, advertising
or distribution of a drug or | 24 |
| drugs by any person registered pursuant to
Section 510 of the | 25 |
| Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| 26 |
| (y-1) "Mail-order pharmacy" means a pharmacy that is | 27 |
| located in a state
of the United States, other than Illinois, | 28 |
| that delivers, dispenses or
distributes, through the United | 29 |
| States Postal Service or other common
carrier, to Illinois | 30 |
| residents, any substance which requires a prescription.
| 31 |
| (z) "Manufacture" means the production, preparation, | 32 |
| propagation,
compounding, conversion or processing of a | 33 |
| controlled substance, either
directly or indirectly, by | 34 |
| extraction from substances of natural origin,
or independently | 35 |
| by means of chemical synthesis, or by a combination of
| 36 |
| extraction and chemical synthesis, and includes any packaging |
|
|
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| or
repackaging of the substance or labeling of its container, | 2 |
| except that
this term does not include:
| 3 |
| (1) by an ultimate user, the preparation or compounding | 4 |
| of a
controlled substance for his own use; or
| 5 |
| (2) by a practitioner, or his authorized agent under | 6 |
| his
supervision, the preparation, compounding, packaging, | 7 |
| or labeling of a
controlled substance:
| 8 |
| (a) as an incident to his administering or | 9 |
| dispensing of a
controlled substance in the course of | 10 |
| his professional practice; or
| 11 |
| (b) as an incident to lawful research, teaching or | 12 |
| chemical
analysis and not for sale.
| 13 |
| (z-1) "Methamphetamine manufacturing chemical" means any | 14 |
| of the following
chemicals or substances containing any of the | 15 |
| following chemicals: benzyl
methyl ketone, ephedrine, methyl | 16 |
| benzyl ketone,
phenylacetone, phenyl-2-propanone, | 17 |
| pseudoephedrine, or red
phosphorous or any of
the salts, | 18 |
| optical isomers, or
salts of optical isomers of the | 19 |
| above-listed chemicals.
| 20 |
| (aa) "Narcotic drug" means any of the following, whether | 21 |
| produced
directly or indirectly by extraction from substances | 22 |
| of natural origin,
or independently by means of chemical | 23 |
| synthesis, or by a combination of
extraction and chemical | 24 |
| synthesis:
| 25 |
| (1) opium and opiate, and any salt, compound, | 26 |
| derivative, or
preparation of opium or opiate;
| 27 |
| (2) any salt, compound, isomer, derivative, or | 28 |
| preparation thereof
which is chemically equivalent or | 29 |
| identical with any of the substances
referred to in clause | 30 |
| (1), but not including the isoquinoline alkaloids
of opium;
| 31 |
| (3) opium poppy and poppy straw;
| 32 |
| (4) coca leaves and any salts, compound, isomer, salt | 33 |
| of an isomer,
derivative, or preparation of coca leaves | 34 |
| including cocaine or ecgonine,
and any salt, compound, | 35 |
| isomer, derivative, or preparation thereof which is
| 36 |
| chemically equivalent or identical with any of these |
|
|
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| substances, but not
including decocainized coca leaves or | 2 |
| extractions of coca leaves which do
not contain cocaine or | 3 |
| ecgonine (for the purpose of this paragraph, the
term | 4 |
| "isomer" includes optical, positional and geometric | 5 |
| isomers).
| 6 |
| (bb) "Nurse" means a registered nurse licensed under the
| 7 |
| Nursing and Advanced Practice Nursing Act.
| 8 |
| (cc) (Blank).
| 9 |
| (dd) "Opiate" means any substance having an addiction | 10 |
| forming or
addiction sustaining liability similar to morphine | 11 |
| or being capable of
conversion into a drug having addiction | 12 |
| forming or addiction sustaining
liability.
| 13 |
| (ee) "Opium poppy" means the plant of the species Papaver
| 14 |
| somniferum L., except its seeds.
| 15 |
| (ff) "Parole and Pardon Board" means the Parole and Pardon | 16 |
| Board of
the State of Illinois or its successor agency.
| 17 |
| (gg) "Person" means any individual, corporation, | 18 |
| mail-order pharmacy,
government or governmental subdivision or | 19 |
| agency, business trust, estate,
trust, partnership or | 20 |
| association, or any other entity.
| 21 |
| (hh) "Pharmacist" means any person who holds a certificate | 22 |
| of
registration as a registered pharmacist, a local registered | 23 |
| pharmacist
or a registered assistant pharmacist under the | 24 |
| Pharmacy Practice Act of 1987.
| 25 |
| (ii) "Pharmacy" means any store, ship or other place in | 26 |
| which
pharmacy is authorized to be practiced under the Pharmacy | 27 |
| Practice Act of 1987.
| 28 |
| (jj) "Poppy straw" means all parts, except the seeds, of | 29 |
| the opium
poppy, after mowing.
| 30 |
| (kk) "Practitioner" means a physician licensed to practice | 31 |
| medicine in all
its branches, a chiropractic or naturopathic | 32 |
| physician with limited prescriptive authority, dentist, | 33 |
| podiatrist,
veterinarian, scientific investigator, pharmacist, | 34 |
| physician assistant,
advanced practice nurse,
licensed | 35 |
| practical
nurse, registered nurse, hospital, laboratory, or | 36 |
| pharmacy, or other
person licensed, registered, or otherwise |
|
|
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| lawfully permitted by the
United States or this State to | 2 |
| distribute, dispense, conduct research
with respect to, | 3 |
| administer or use in teaching or chemical analysis, a
| 4 |
| controlled substance in the course of professional practice or | 5 |
| research.
| 6 |
| (ll) "Pre-printed prescription" means a written | 7 |
| prescription upon which
the designated drug has been indicated | 8 |
| prior to the time of issuance.
| 9 |
| (mm) "Prescriber" means a physician licensed to practice | 10 |
| medicine in all
its branches, dentist, podiatrist or
| 11 |
| veterinarian who issues a prescription, a physician assistant | 12 |
| who
issues a
prescription for a Schedule III, IV, or V | 13 |
| controlled substance
in accordance
with Section 303.05 and the | 14 |
| written guidelines required under Section 7.5
of the
Physician | 15 |
| Assistant Practice Act of 1987, a chiropractic or naturopathic | 16 |
| physician with limited prescriptive authority who issues a | 17 |
| prescription for a Schedule III, IV, or V controlled substance | 18 |
| in accordance with Sections 3.2 and 33.5 of the Medical | 19 |
| Practice Act of 1987, or an advanced practice
nurse with | 20 |
| prescriptive authority in accordance with Section 303.05
and a | 21 |
| written
collaborative agreement under Sections 15-15 and 15-20 | 22 |
| of
the Nursing and Advanced Practice Nursing Act.
| 23 |
| (nn) "Prescription" means a lawful written, facsimile, or | 24 |
| verbal order
of
a physician licensed to practice medicine in | 25 |
| all its branches,
a chiropractic or naturopathic physician with | 26 |
| limited prescriptive authority, dentist, podiatrist or | 27 |
| veterinarian for any controlled
substance, of a physician | 28 |
| assistant for a Schedule III, IV, or V
controlled substance
in | 29 |
| accordance with Section 303.05 and the written guidelines | 30 |
| required under
Section 7.5 of the
Physician Assistant Practice | 31 |
| Act of 1987, or of an advanced practice
nurse who issues a | 32 |
| prescription for a Schedule III, IV, or V
controlled substance | 33 |
| in accordance
with
Section 303.05 and a written collaborative | 34 |
| agreement under Sections 15-15
and
15-20 of the Nursing and | 35 |
| Advanced Practice Nursing Act.
| 36 |
| (oo) "Production" or "produce" means manufacture, |
|
|
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| 1 |
| planting,
cultivating, growing, or harvesting of a controlled | 2 |
| substance.
| 3 |
| (pp) "Registrant" means every person who is required to | 4 |
| register
under Section 302 of this Act.
| 5 |
| (qq) "Registry number" means the number assigned to each | 6 |
| person
authorized to handle controlled substances under the | 7 |
| laws of the United
States and of this State.
| 8 |
| (rr) "State" includes the State of Illinois and any state, | 9 |
| district,
commonwealth, territory, insular possession thereof, | 10 |
| and any area
subject to the legal authority of the United | 11 |
| States of America.
| 12 |
| (ss) "Ultimate user" means a person who lawfully possesses | 13 |
| a
controlled substance for his own use or for the use of a | 14 |
| member of his
household or for administering to an animal owned | 15 |
| by him or by a member
of his household.
| 16 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; | 17 |
| 93-626, eff. 12-23-03.)
| 18 |
| Section 99. Effective date. This Act takes effect 6 months | 19 |
| after becoming law.
|
|
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 60/2 |
from Ch. 111, par. 4400-2 |
| 4 |
| 225 ILCS 60/3 |
from Ch. 111, par. 4400-3 |
| 5 |
| 225 ILCS 60/3.1 new |
|
| 6 |
| 225 ILCS 60/3.2 new |
|
| 7 |
| 225 ILCS 60/7 |
from Ch. 111, par. 4400-7 |
| 8 |
| 225 ILCS 60/8 |
from Ch. 111, par. 4400-8 |
| 9 |
| 225 ILCS 60/9 |
from Ch. 111, par. 4400-9 |
| 10 |
| 225 ILCS 60/10 |
from Ch. 111, par. 4400-10 |
| 11 |
| 225 ILCS 60/11 |
from Ch. 111, par. 4400-11 |
| 12 |
| 225 ILCS 60/14 |
from Ch. 111, par. 4400-14 |
| 13 |
| 225 ILCS 60/15 |
from Ch. 111, par. 4400-15 |
| 14 |
| 225 ILCS 60/16 |
from Ch. 111, par. 4400-16 |
| 15 |
| 225 ILCS 60/17 |
from Ch. 111, par. 4400-17 |
| 16 |
| 225 ILCS 60/18 |
from Ch. 111, par. 4400-18 |
| 17 |
| 225 ILCS 60/19 |
from Ch. 111, par. 4400-19 |
| 18 |
| 225 ILCS 60/20 |
from Ch. 111, par. 4400-20 |
| 19 |
| 225 ILCS 60/22 |
from Ch. 111, par. 4400-22 |
| 20 |
| 225 ILCS 60/23 |
from Ch. 111, par. 4400-23 |
| 21 |
| 225 ILCS 60/24 |
from Ch. 111, par. 4400-24 |
| 22 |
| 225 ILCS 60/33.5 new |
|
| 23 |
| 225 ILCS 60/34 |
from Ch. 111, par. 4400-34 |
| 24 |
| 225 ILCS 60/51 |
from Ch. 111, par. 4400-51 |
| 25 |
| 720 ILCS 570/102 |
from Ch. 56 1/2, par. 1102 |
| |
|