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90_HB1572eng 225 ILCS 60/17 from Ch. 111, par. 4400-17 Amends the Medical Practice Act of 1987 to authorize the issuance of temporary licenses to persons holding or eligible for the degree of Doctor of Chiropractic. Effective immediately. LRB9003254JSmb HB1572 Engrossed LRB9003254JSmb 1 AN ACT to amend the Medical Practice Act of 1987 by 2 changing Section 17. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Medical Practice Act of 1987 is amended 6 by changing Section 17 as follows: 7 (225 ILCS 60/17) (from Ch. 111, par. 4400-17) 8 (Text of Section before amendment by P.A. 89-702) 9 Sec. 17. Persons holding the degree of Doctor of 10 Medicine,andpersons holding the degree of Doctor of 11 Osteopathy, and persons holding the degree of Doctor of 12 Chiropractic or persons who have satisfied the requirements 13 therefor and are eligible to receive such degree from a 14 medical,orosteopathic, or chiropractic school, who wish to 15 pursue programs of graduate or specialty training in this 16 State, may receive without examination, in the discretion of 17 the Department, a 3-year temporary license. In order to 18 receive a 3-year temporary license hereunder, an applicant 19 shall furnish satisfactory proof to the Department that the 20 applicant: 21 (A) Is of good moral character. In determining moral 22 character under this Section, the Department may take into 23 consideration whether the applicant has engaged in conduct or 24 activities which would constitute grounds for discipline 25 under this Act. The Department may also request the 26 applicant to submit, and may consider as evidence of moral 27 character, endorsements from 2 or 3 individuals licensed 28 under this Act; 29 (B) Has been accepted or appointed for specialty or 30 residency training by a hospital situated in this State or a 31 training program in hospitals or facilities maintained by the HB1572 Engrossed -2- LRB9003254JSmb 1 State of Illinois or affiliated training facilities which is 2 approved by the Department for the purpose of such training 3 under this Act. The applicant shall indicate the beginning 4 and ending dates of the period for which the applicant has 5 been accepted or appointed; 6 (C) Has or will satisfy the professional education 7 requirements of Section 11 of this Act which are effective at 8 the date of application except for postgraduate clinical 9 training; 10 (D) Is physically, mentally, and professionally capable 11 of practicing medicine or treating human ailments without the 12 use of drugs or operative surgery with reasonable judgment, 13 skill, and safety. In determining physical, mental and 14 professional capacity under this Section, the Medical 15 Licensing Board may, upon a showing of a possible incapacity, 16 compel an applicant to submit to a mental or physical 17 examination, or both, and may condition or restrict any 18 temporary license, subject to the same terms and conditions 19 as are provided for the Medical Disciplinary Board under 20 Section 22 of this Act. Any such condition of restricted 21 temporary license shall provide that the Chief Medical 22 Coordinator or Deputy Medical Coordinator shall have the 23 authority to review the subject physician's compliance with 24 such conditions or restrictions, including, where 25 appropriate, the physician's record of treatment and 26 counseling regarding the impairment, to the extent permitted 27 by applicable federal statutes and regulations safeguarding 28 the confidentiality of medical records of patients. 29 Three-year temporary licenses issued pursuant to this 30 Section shall be valid only for the period of time designated 31 therein, and may be extended or renewed pursuant to the rules 32 of the Department, and if a temporary license is thereafter 33 extended, it shall not extend beyond completion of the 34 residency program. The holder of a valid 3-year temporary HB1572 Engrossed -3- LRB9003254JSmb 1 license shall be entitled thereby to perform only such acts 2 as may be prescribed by and incidental to their program of 3 residency training; they shall not be entitled to otherwise 4 engage in the practice of medicine in this State unless fully 5 licensed in this State. 6 A 3-year temporary license may be revoked by the 7 Department upon proof that the holder thereof has engaged in 8 the practice of medicine in this State outside of the program 9 of their residency or specialty training, or if the holder 10 shall fail to supply the Department, within 10 days of its 11 request, with information as to their current status and 12 activities in their specialty training program. 13 Any person holding a valid 2-year temporary certificate 14 of registration granted by the Department prior to the 15 effective date of this Act shall continue to hold such 16 license for one year beyond the date of the expiration 17 designated therein, and their certificate may be extended or 18 renewed pursuant to the rules of the Department and if a 19 temporary certificate of registration is thereafter extended, 20 it shall not extend beyond the completion of the residency 21 program. 22 (Source: P.A. 85-1209.) 23 (Text of Section after amendment by P.A. 89-702) 24 Sec. 17. Temporary license. Persons holding the degree 25 of Doctor of Medicine,andpersons holding the degree of 26 Doctor of Osteopathy or Doctor of Osteopathic Medicine, and 27 persons holding the degree of Doctor of Chiropractic or 28 persons who have satisfied the requirements therefor and are 29 eligible to receive such degree from a medical,or30 osteopathic, or chiropractic school, who wish to pursue 31 programs of graduate or specialty training in this State, may 32 receive without examination, in the discretion of the 33 Department, a 3-year temporary license. In order to receive 34 a 3-year temporary license hereunder, an applicant shall HB1572 Engrossed -4- LRB9003254JSmb 1 furnish satisfactory proof to the Department that the 2 applicant: 3 (A) Is of good moral character. In determining 4 moral character under this Section, the Department may 5 take into consideration whether the applicant has engaged 6 in conduct or activities which would constitute grounds 7 for discipline under this Act. The Department may also 8 request the applicant to submit, and may consider as 9 evidence of moral character, endorsements from 2 or 3 10 individuals licensed under this Act; 11 (B) Has been accepted or appointed for specialty or 12 residency training by a hospital situated in this State 13 or a training program in hospitals or facilities 14 maintained by the State of Illinois or affiliated 15 training facilities which is approved by the Department 16 for the purpose of such training under this Act. The 17 applicant shall indicate the beginning and ending dates 18 of the period for which the applicant has been accepted 19 or appointed; 20 (C) Has or will satisfy the professional education 21 requirements of Section 11 of this Act which are 22 effective at the date of application except for 23 postgraduate clinical training; 24 (D) Is physically, mentally, and professionally 25 capable of practicing medicine or treating human ailments 26 without the use of drugs or operative surgery with 27 reasonable judgment, skill, and safety. In determining 28 physical, mental and professional capacity under this 29 Section, the Medical Licensing Board may, upon a showing 30 of a possible incapacity, compel an applicant to submit 31 to a mental or physical examination, or both, and may 32 condition or restrict any temporary license, subject to 33 the same terms and conditions as are provided for the 34 Medical Disciplinary Board under Section 22 of this Act. HB1572 Engrossed -5- LRB9003254JSmb 1 Any such condition of restricted temporary license shall 2 provide that the Chief Medical Coordinator or Deputy 3 Medical Coordinator shall have the authority to review 4 the subject physician's compliance with such conditions 5 or restrictions, including, where appropriate, the 6 physician's record of treatment and counseling regarding 7 the impairment, to the extent permitted by applicable 8 federal statutes and regulations safeguarding the 9 confidentiality of medical records of patients. 10 Three-year temporary licenses issued pursuant to this 11 Section shall be valid only for the period of time designated 12 therein, and may be extended or renewed pursuant to the rules 13 of the Department, and if a temporary license is thereafter 14 extended, it shall not extend beyond completion of the 15 residency program. The holder of a valid 3-year temporary 16 license shall be entitled thereby to perform only such acts 17 as may be prescribed by and incidental to their program of 18 residency training; they shall not be entitled to otherwise 19 engage in the practice of medicine in this State unless fully 20 licensed in this State. 21 A 3-year temporary license may be revoked by the 22 Department upon proof that the holder thereof has engaged in 23 the practice of medicine in this State outside of the program 24 of their residency or specialty training, or if the holder 25 shall fail to supply the Department, within 10 days of its 26 request, with information as to their current status and 27 activities in their specialty training program. 28 (Source: P.A. 89-702, eff. 7-1-97.) 29 Section 95. No acceleration or delay. Where this Act 30 makes changes in a statute that is represented in this Act by 31 text that is not yet or no longer in effect (for example, a 32 Section represented by multiple versions), the use of that 33 text does not accelerate or delay the taking effect of (i) HB1572 Engrossed -6- LRB9003254JSmb 1 the changes made by this Act or (ii) provisions derived from 2 any other Public Act. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.