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90_SB1491sam002
LRB9011833NTsbam03
1 AMENDMENT TO SENATE BILL 1491
2 AMENDMENT NO. . Amend Senate Bill 1491 by replacing
3 the title with the following:
4 "AN ACT to amend the Medical Practice Act of 1987 by
5 adding Section 9.7."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Medical Practice Act of 1987 is amended
9 by adding Section 9.7 and changing Section 19 as follows:
10 (225 ILCS 60/9.7 new)
11 Sec. 9.7. Criminal background check. The Department
12 shall require an applicant for a license under Section 19 of
13 this Act to undergo a criminal background check. The
14 Department shall adopt rules to implement this Section.
15 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
16 Sec. 19. Licensure without examination. The Department
17 may, in its discretion, issue a license without examination
18 to any person who is currently licensed to practice medicine
19 in all of its branches, or to practice the treatment of human
20 ailments without the use of drugs or operative surgery, in
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1 any other state, territory, country or province, upon the
2 following conditions:
3 (A) (Blank);
4 (B) That the applicant is of good moral character.
5 In determining moral character under this Section, the
6 Department may take into consideration whether the
7 applicant has engaged in conduct or activities which
8 would constitute grounds for discipline under this Act.
9 The Department may also request the applicant to submit,
10 and may consider as evidence of moral character,
11 endorsements from 2 or 3 individuals licensed under this
12 Act;
13 (C) That the applicant is physically, mentally and
14 professionally capable of practicing medicine with
15 reasonable judgment, skill and safety. In determining
16 physical, mental and professional capacity under this
17 Section the Medical Licensing Board may, upon a showing
18 of a possible incapacity, compel an applicant to submit
19 to a mental or physical examination, or both, and may
20 condition or restrict any license, subject to the same
21 terms and conditions as are provided for the Medical
22 Disciplinary Board under Section 22 of this Act. The
23 Medical Licensing Board or the Department may order the
24 examining physician to present testimony concerning this
25 mental or physical examination of the applicant. No
26 information shall be excluded by reason of any common law
27 or statutory privilege relating to communications between
28 the applicant and the examining physician. Any condition
29 of restricted license shall provide that the Chief
30 Medical Coordinator or Deputy Medical Coordinator shall
31 have the authority to review the subject physician's
32 compliance with such conditions or restrictions,
33 including, where appropriate, the physician's record of
34 treatment and counseling regarding the impairment, to the
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1 extent permitted by applicable federal statutes and
2 regulations safeguarding the confidentiality of medical
3 records of patients.
4 (D) That if the applicant seeks to practice
5 medicine in all of its branches:
6 (1) if the applicant was licensed in another
7 jurisdiction prior to January 1, 1988, that the
8 applicant has satisfied the educational requirements
9 of paragraph (1) of subsection (A) or paragraph (2)
10 of subsection (A) of Section 11 of this Act; or
11 (2) if the applicant was licensed in another
12 jurisdiction after December 31, 1987, that the
13 applicant has satisfied the educational requirements
14 of paragraph (A)(2) of Section 11 of this Act; and
15 (3) the requirements for a license to practice
16 medicine in all of its branches in the particular
17 state, territory, country or province in which the
18 applicant is licensed are deemed by the Department
19 to have been substantially equivalent to the
20 requirements for a license to practice medicine in
21 all of its branches in force in this State at the
22 date of the applicant's license;
23 (E) That if the applicant seeks to treat human
24 ailments without the use of drugs and without operative
25 surgery:
26 (1) the applicant is a graduate of a
27 chiropractic school or college approved by the
28 Department at the time of their graduation;
29 (2) the requirements for the applicant's
30 license to practice the treatment of human ailments
31 without the use of drugs are deemed by the
32 Department to have been substantially equivalent to
33 the requirements for a license to practice in this
34 State at the date of the applicant's license;
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1 (F) That the Department may, in its discretion,
2 issue a license, without examination, to any graduate of
3 a medical or osteopathic college, reputable and in good
4 standing in the judgment of the Department, who has
5 passed an examination for admission to the United States
6 Public Health Service, or who has passed any other
7 examination deemed by the Department to have been at
8 least equal in all substantial respects to the
9 examination required for admission to any such medical
10 corps;
11 (G) That applications for licenses without
12 examination shall be filed with the Department, under
13 oath, on forms prepared and furnished by the Department,
14 and shall set forth, and applicants therefor shall supply
15 such information respecting the life, education,
16 professional practice, and moral character of applicants
17 as the Department may require to be filed for its use;.
18 (H) That the applicant undergo the criminal
19 background check established under Section 9.7 of this
20 Act.
21 In the exercise of its discretion under this Section, the
22 Department is empowered to consider and evaluate each
23 applicant on an individual basis. It may take into account,
24 among other things, the extent to which there is or is not
25 available to the Department, authentic and definitive
26 information concerning the quality of medical education and
27 clinical training which the applicant has had. Under no
28 circumstances shall a license be issued under the provisions
29 of this Section to any person who has previously taken and
30 failed the written examination conducted by the Department
31 for such license. In determining moral character, the
32 Department may take into consideration whether the applicant
33 has engaged in conduct or activities which would constitute
34 grounds for discipline under this Act. The Department may
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1 also request the applicant to submit, and may consider as
2 evidence of moral character, evidence from 2 or 3 individuals
3 licensed under this Act. Applicants have 3 years from the
4 date of application to complete the application process. If
5 the process has not been completed within 3 years, the
6 application shall be denied, the fees shall be forfeited, and
7 the applicant must reapply and meet the requirements in
8 effect at the time of reapplication.
9 (Source: P.A. 89-702, eff. 7-1-97.)".