Public Act 90-0722 of the 90th General Assembly
Public Act 90-0722
SB1491 Enrolled SRS90SB0077PDge
AN ACT to amend the Medical Practice Act of 1987 by
adding Section 9.7.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended
by adding Section 9.7 and changing Section 19 as follows:
(225 ILCS 60/9.7 new)
Sec. 9.7. Criminal background check. The Department
shall require an applicant for a license under Section 19 of
this Act to undergo a criminal background check. The
Department shall adopt rules to implement this Section.
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
Sec. 19. Licensure without examination. The Department
may, in its discretion, issue a license without examination
to any person who is currently licensed to practice medicine
in all of its branches, or to practice the treatment of human
ailments without the use of drugs or operative surgery, in
any other state, territory, country or province, upon the
following conditions:
(A) (Blank);
(B) That the applicant is of good moral character.
In determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities which
would constitute grounds for discipline under this Act.
The Department may also request the applicant to submit,
and may consider as evidence of moral character,
endorsements from 2 or 3 individuals licensed under this
Act;
(C) That the applicant is physically, mentally and
professionally capable of practicing medicine with
reasonable judgment, skill and safety. In determining
physical, mental and professional capacity under this
Section the Medical Licensing Board may, upon a showing
of a possible incapacity, compel an applicant to submit
to a mental or physical examination, or both, and may
condition or restrict any license, subject to the same
terms and conditions as are provided for the Medical
Disciplinary Board under Section 22 of this Act. The
Medical Licensing Board or the Department may order the
examining physician to present testimony concerning this
mental or physical examination of the applicant. No
information shall be excluded by reason of any common law
or statutory privilege relating to communications between
the applicant and the examining physician. Any condition
of restricted license shall provide that the Chief
Medical Coordinator or Deputy Medical Coordinator shall
have the authority to review the subject physician's
compliance with such conditions or restrictions,
including, where appropriate, the physician's record of
treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records of patients.
(D) That if the applicant seeks to practice
medicine in all of its branches:
(1) if the applicant was licensed in another
jurisdiction prior to January 1, 1988, that the
applicant has satisfied the educational requirements
of paragraph (1) of subsection (A) or paragraph (2)
of subsection (A) of Section 11 of this Act; or
(2) if the applicant was licensed in another
jurisdiction after December 31, 1987, that the
applicant has satisfied the educational requirements
of paragraph (A)(2) of Section 11 of this Act; and
(3) the requirements for a license to practice
medicine in all of its branches in the particular
state, territory, country or province in which the
applicant is licensed are deemed by the Department
to have been substantially equivalent to the
requirements for a license to practice medicine in
all of its branches in force in this State at the
date of the applicant's license;
(E) That if the applicant seeks to treat human
ailments without the use of drugs and without operative
surgery:
(1) the applicant is a graduate of a
chiropractic school or college approved by the
Department at the time of their graduation;
(2) the requirements for the applicant's
license to practice the treatment of human ailments
without the use of drugs are deemed by the
Department to have been substantially equivalent to
the requirements for a license to practice in this
State at the date of the applicant's license;
(F) That the Department may, in its discretion,
issue a license, without examination, to any graduate of
a medical or osteopathic college, reputable and in good
standing in the judgment of the Department, who has
passed an examination for admission to the United States
Public Health Service, or who has passed any other
examination deemed by the Department to have been at
least equal in all substantial respects to the
examination required for admission to any such medical
corps;
(G) That applications for licenses without
examination shall be filed with the Department, under
oath, on forms prepared and furnished by the Department,
and shall set forth, and applicants therefor shall supply
such information respecting the life, education,
professional practice, and moral character of applicants
as the Department may require to be filed for its use;.
(H) That the applicant undergo the criminal
background check established under Section 9.7 of this
Act.
In the exercise of its discretion under this Section, the
Department is empowered to consider and evaluate each
applicant on an individual basis. It may take into account,
among other things, the extent to which there is or is not
available to the Department, authentic and definitive
information concerning the quality of medical education and
clinical training which the applicant has had. Under no
circumstances shall a license be issued under the provisions
of this Section to any person who has previously taken and
failed the written examination conducted by the Department
for such license. In determining moral character, the
Department may take into consideration whether the applicant
has engaged in conduct or activities which would constitute
grounds for discipline under this Act. The Department may
also request the applicant to submit, and may consider as
evidence of moral character, evidence from 2 or 3 individuals
licensed under this Act. Applicants have 3 years from the
date of application to complete the application process. If
the process has not been completed within 3 years, the
application shall be denied, the fees shall be forfeited, and
the applicant must reapply and meet the requirements in
effect at the time of reapplication.
(Source: P.A. 89-702, eff. 7-1-97.)