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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3661 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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225 ILCS 60/9 | from Ch. 111, par. 4400-9 |
225 ILCS 60/21 | from Ch. 111, par. 4400-21 |
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Amends the Medical Practice Act of 1987. Requires that physicians submit documents from the Federation Credentials Verification Service while applying for licensure or renewal of licenses under the Act. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Medical Practice Act of 1987 is amended by |
| 5 | | changing Sections 9 and 21 as follows:
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| 6 | | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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| 7 | | (Section scheduled to be repealed on December 31, 2013)
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| 8 | | Sec. 9. Application for license. Each applicant for a |
| 9 | | license shall:
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| 10 | | (A) Make application on blank forms prepared and
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| 11 | | furnished by the Department.
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| 12 | | (B) Submit evidence satisfactory to the Department
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| 13 | | that the applicant:
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| 14 | | (1) is of good moral character. In determining |
| 15 | | moral
character under this Section, the Department may |
| 16 | | take into
consideration whether the applicant has |
| 17 | | engaged in conduct
or activities which would |
| 18 | | constitute grounds for discipline
under this Act. The |
| 19 | | Department may also request the
applicant to submit, |
| 20 | | and may consider as evidence of moral
character, |
| 21 | | endorsements from 2 or 3 individuals licensed
under |
| 22 | | this Act;
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| 23 | | (2) has the preliminary and professional education
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| 1 | | required by this Act;
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| 2 | | (3) (blank); and
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| 3 | | (4) is physically, mentally, and professionally |
| 4 | | capable
of practicing medicine with reasonable |
| 5 | | judgment, skill, and
safety. In determining physical, |
| 6 | | mental and professional
capacity under this Section, |
| 7 | | the Licensing Board
may, upon a showing of a possible |
| 8 | | incapacity or conduct or activities that would |
| 9 | | constitute grounds for discipline under this Act, |
| 10 | | compel any
applicant to submit to a mental or physical |
| 11 | | examination and evaluation, or
both, as provided for in |
| 12 | | Section 22 of this Act. The Licensing Board may |
| 13 | | condition or restrict any
license, subject to the same |
| 14 | | terms and conditions as are
provided for the |
| 15 | | Disciplinary Board under Section 22
of this Act. Any |
| 16 | | such condition of a restricted license
shall provide |
| 17 | | that the Chief Medical Coordinator or Deputy
Medical |
| 18 | | Coordinator shall have the authority to review the
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| 19 | | subject physician's compliance with such conditions or
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| 20 | | restrictions, including, where appropriate, the |
| 21 | | physician's
record of treatment and counseling |
| 22 | | regarding the impairment,
to the extent permitted by |
| 23 | | applicable federal statutes and
regulations |
| 24 | | safeguarding the confidentiality of medical
records of |
| 25 | | patients.
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| 26 | | In determining professional capacity under this
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| 1 | | Section, an individual may be required to
complete such |
| 2 | | additional testing, training, or remedial
education as the |
| 3 | | Licensing Board may deem necessary in order
to establish |
| 4 | | the applicant's present capacity to practice
medicine with |
| 5 | | reasonable judgment, skill, and safety. The Licensing |
| 6 | | Board may consider the following criteria, as they relate |
| 7 | | to an applicant, as part of its determination of |
| 8 | | professional capacity:
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| 9 | | (1) Medical research in an established research |
| 10 | | facility, hospital, college or university, or private |
| 11 | | corporation. |
| 12 | | (2) Specialized training or education. |
| 13 | | (3) Publication of original work in learned, |
| 14 | | medical, or scientific journals. |
| 15 | | (4) Participation in federal, State, local, or |
| 16 | | international public health programs or organizations. |
| 17 | | (5) Professional service in a federal veterans or |
| 18 | | military institution. |
| 19 | | (6) Any other professional activities deemed to |
| 20 | | maintain and enhance the clinical capabilities of the |
| 21 | | applicant. |
| 22 | | Any applicant applying for a license to practice |
| 23 | | medicine in all of its branches or for a license as a |
| 24 | | chiropractic physician who has not been engaged in the |
| 25 | | active practice of medicine or has not been enrolled in a |
| 26 | | medical program for 2 years prior to application must |
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| 1 | | submit proof of professional capacity to the Licensing |
| 2 | | Board. |
| 3 | | Any applicant applying for a temporary license that has |
| 4 | | not been engaged in the active practice of medicine or has |
| 5 | | not been enrolled in a medical program for longer than 5 |
| 6 | | years prior to application must submit proof of |
| 7 | | professional capacity to the Licensing Board.
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| 8 | | (C) Designate specifically the name, location, and
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| 9 | | kind of professional school, college, or institution of
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| 10 | | which the applicant is a graduate and the category under
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| 11 | | which the applicant seeks, and will undertake, to practice.
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| 12 | | (D) Pay to the Department at the time of application
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| 13 | | the required fees.
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| 14 | | (E) Pursuant to Department rules, as required, pass an
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| 15 | | examination authorized by the Department to determine
the |
| 16 | | applicant's fitness to receive a license. |
| 17 | | (E-5) Pursuant to Department rules, complete |
| 18 | | credential verification through the Federation Credentials |
| 19 | | Verification Service and submit the verification to the |
| 20 | | Department.
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| 21 | | (F) Complete the application process within 3 years |
| 22 | | from the date of
application. If the process has not been |
| 23 | | completed within 3 years, the
application shall expire, |
| 24 | | application fees shall be forfeited, and the
applicant
must |
| 25 | | reapply and meet the requirements in effect at the time of
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| 26 | | reapplication.
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| 1 | | (Source: P.A. 97-622, eff. 11-23-11.)
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| 2 | | (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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| 3 | | (Section scheduled to be repealed on December 31, 2013)
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| 4 | | Sec. 21. License renewal; restoration; inactive status; |
| 5 | | disposition and
collection of fees. |
| 6 | | (A) Renewal. The expiration date and renewal period for |
| 7 | | each
license issued under this Act shall be set by rule. The |
| 8 | | holder of a
license may renew the license by paying the |
| 9 | | required fee and providing continued credential verification |
| 10 | | through the Federation Credentials Verification Service, as |
| 11 | | required by Department rule. The
holder of a
license may also |
| 12 | | renew the license within 90 days after its expiration by
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| 13 | | complying with the requirements for renewal and payment of an |
| 14 | | additional
fee. A license renewal within 90 days after |
| 15 | | expiration shall be effective
retroactively to the expiration |
| 16 | | date.
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| 17 | | The Department shall mail to each licensee under this
Act, |
| 18 | | at his or her address of record, at least
60 days
in advance of |
| 19 | | the expiration date of his or her license, a renewal notice. No |
| 20 | | such
license shall be deemed to have lapsed until 90 days after |
| 21 | | the expiration
date and after such notice has been mailed by |
| 22 | | the
Department as herein provided.
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| 23 | | (B) Restoration. Any licensee who has permitted his or her
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| 24 | | license to lapse or who has had his or her license on inactive
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| 25 | | status may have his or her license restored by making |
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| 1 | | application
to the Department and filing proof acceptable to |
| 2 | | the
Department of his or her fitness to have the
license |
| 3 | | restored,
including evidence certifying to active practice in |
| 4 | | another
jurisdiction satisfactory to the Department, proof of |
| 5 | | meeting the continuing
education requirements for one renewal |
| 6 | | period, and by paying
the required restoration fee.
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| 7 | | If the licensee has not maintained an active practice
in |
| 8 | | another jurisdiction satisfactory to the Department, the
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| 9 | | Licensing Board shall determine, by an evaluation program
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| 10 | | established by rule, the applicant's fitness to resume active
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| 11 | | status
and may require the licensee to complete a period of
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| 12 | | evaluated clinical experience and may require successful
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| 13 | | completion of a practical examination specified by the |
| 14 | | Licensing Board.
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| 15 | | However, any registrant whose license has expired while
he |
| 16 | | or she has been engaged (a) in Federal Service on active
duty
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| 17 | | with the Army of the United States, the United States Navy,
the |
| 18 | | Marine Corps, the Air Force, the Coast Guard, the Public
Health |
| 19 | | Service or the State Militia called into the service
or |
| 20 | | training of the United States of America, or (b) in
training or |
| 21 | | education under the supervision of the United
States |
| 22 | | preliminary to induction into the military service,
may have |
| 23 | | his or her license reinstated or restored without paying
any |
| 24 | | lapsed renewal fees, if within 2 years after honorable
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| 25 | | termination of such service, training, or education, he or she
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| 26 | | furnishes to the Department with satisfactory evidence to the
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| 1 | | effect that he or she has been so engaged and that his or
her
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| 2 | | service, training, or education has been so terminated.
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| 3 | | (C) Inactive licenses. Any licensee who notifies the
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| 4 | | Department, in writing on forms prescribed by the
Department, |
| 5 | | may elect to place his or her license on an inactive
status and |
| 6 | | shall, subject to rules of the Department, be
excused from |
| 7 | | payment of renewal fees until he or she notifies the
Department |
| 8 | | in writing of his or her desire to resume active
status.
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| 9 | | Any licensee requesting restoration from inactive
status |
| 10 | | shall be required to pay the current renewal fee, provide proof |
| 11 | | of
meeting the continuing education requirements for the period |
| 12 | | of time the
license is inactive not to exceed one renewal |
| 13 | | period, and
shall be required to restore his or her license as |
| 14 | | provided
in
subsection (B).
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| 15 | | Any licensee whose license is in an inactive status
shall |
| 16 | | not practice in the State of Illinois.
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| 17 | | (D) Disposition of monies collected. All monies
collected |
| 18 | | under this Act by the Department shall be
deposited in the |
| 19 | | Illinois State Medical Disciplinary Fund in
the State Treasury, |
| 20 | | and used only for the following
purposes: (a) by the |
| 21 | | Disciplinary
Board and Licensing Board in the exercise of its |
| 22 | | powers and performance of its
duties, as such use is made by |
| 23 | | the Department with full
consideration of all recommendations |
| 24 | | of the
Disciplinary Board and Licensing Board, (b) for costs |
| 25 | | directly related to
persons licensed under this Act, and (c) |
| 26 | | for direct and allocable indirect
costs related to the public |
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| 1 | | purposes of the Department.
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| 2 | | Moneys in the Fund may be transferred to the Professions |
| 3 | | Indirect Cost Fund
as authorized under Section 2105-300 of the |
| 4 | | Department of Professional
Regulation Law (20 ILCS |
| 5 | | 2105/2105-300).
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| 6 | | The State Comptroller shall order and the State Treasurer |
| 7 | | shall transfer an amount equal to $1,100,000 from the Illinois |
| 8 | | State Medical Disciplinary Fund to the Local Government Tax |
| 9 | | Fund on each of the following dates: July 1, 2014, October 1, |
| 10 | | 2014, January 1, 2015, July 1, 2017, October 1, 2017, and |
| 11 | | January 1, 2018. These transfers shall constitute repayment of |
| 12 | | the $6,600,000 transfer made under Section 6z-18 of the State |
| 13 | | Finance Act. |
| 14 | | All earnings received from investment of monies in the
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| 15 | | Illinois State Medical Disciplinary Fund shall be deposited
in |
| 16 | | the Illinois State Medical Disciplinary Fund and shall be
used |
| 17 | | for the same purposes as fees deposited in such Fund.
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| 18 | | (E) Fees. The following fees are nonrefundable.
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| 19 | | (1) Applicants for any examination shall be required
to |
| 20 | | pay, either to the Department or to the designated
testing |
| 21 | | service, a fee covering the cost of determining the
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| 22 | | applicant's eligibility and providing the examination.
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| 23 | | Failure to appear for the examination on the scheduled |
| 24 | | date,
at the time and place specified, after the |
| 25 | | applicant's
application for examination has been received |
| 26 | | and
acknowledged by the Department or the designated |
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| 1 | | testing
service, shall result in the forfeiture of the |
| 2 | | examination
fee.
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| 3 | | (2) Before July 1, 2018, the fee for a license under |
| 4 | | Section 9 of this Act
is $700. Beginning on July 1, 2018, |
| 5 | | the fee for a license under Section 9 of this Act is $500.
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| 6 | | (3) Before July 1, 2018, the fee for a license under |
| 7 | | Section 19 of this Act
is $700. Beginning on July 1, 2018, |
| 8 | | the fee for a license under Section 19 of this Act is $500.
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| 9 | | (4) Before July 1, 2018, the fee for the renewal of a |
| 10 | | license for a resident of Illinois
shall be calculated at |
| 11 | | the rate of $230 per year, and beginning on July 1, 2018, |
| 12 | | the fee for the renewal of a license shall be $167, except |
| 13 | | for licensees
who were issued a license within 12 months of |
| 14 | | the expiration date of the
license, before July 1, 2018, |
| 15 | | the fee for the renewal shall be $230, and beginning on |
| 16 | | July 1, 2018 that fee will be $167. Before July 1, 2018, |
| 17 | | the fee for the renewal
of a license for a nonresident |
| 18 | | shall be calculated at the rate of $460 per
year, and |
| 19 | | beginning on July 1, 2018, the fee for the renewal of a |
| 20 | | license for a nonresident shall be $250, except for |
| 21 | | licensees
who were issued a license within 12 months of the |
| 22 | | expiration date of the
license, before July 1, 2018, the |
| 23 | | fee for the renewal shall be $460, and beginning on July 1, |
| 24 | | 2018 that fee will be $250.
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| 25 | | (5) The fee for the restoration of a license other
than |
| 26 | | from inactive status, is $230. In addition, payment of all
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| 1 | | lapsed renewal fees not to exceed $1,400 is required.
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| 2 | | (6) The fee for a 3-year temporary license under
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| 3 | | Section 17 is $230.
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| 4 | | (7) The fee for the issuance of a duplicate license,
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| 5 | | for the issuance of a replacement license for a license
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| 6 | | which has been lost or destroyed, or for the issuance of a
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| 7 | | license with a change of name or address other than during
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| 8 | | the renewal period is $20. No fee is required for name and
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| 9 | | address changes on Department records when no duplicate
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| 10 | | license is issued.
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| 11 | | (8) The fee to be paid for a license record for any
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| 12 | | purpose is $20.
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| 13 | | (9) The fee to be paid to have the scoring of an
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| 14 | | examination, administered by the Department, reviewed and
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| 15 | | verified, is $20 plus any fees charged by the applicable
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| 16 | | testing service.
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| 17 | | (10) The fee to be paid by a licensee for a wall
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| 18 | | certificate showing his or her license shall be the actual |
| 19 | | cost
of producing the certificate as determined by the |
| 20 | | Department.
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| 21 | | (11) The fee for a roster of persons licensed as
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| 22 | | physicians in this State shall be the actual cost of
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| 23 | | producing such a roster as determined by the Department.
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| 24 | | (F) Any person who delivers a check or other payment to the |
| 25 | | Department that
is returned to the Department unpaid by the |
| 26 | | financial institution upon
which it is drawn shall pay to the |
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| 1 | | Department, in addition to the amount
already owed to the |
| 2 | | Department, a fine of $50. The fines imposed by this Section |
| 3 | | are in addition
to any other discipline provided under this Act |
| 4 | | for unlicensed
practice or practice on a nonrenewed license. |
| 5 | | The Department shall notify
the person that payment of fees and |
| 6 | | fines shall be paid to the Department
by certified check or |
| 7 | | money order within 30 calendar days of the
notification. If, |
| 8 | | after the expiration of 30 days from the date of the
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| 9 | | notification, the person has failed to submit the necessary |
| 10 | | remittance, the
Department shall automatically terminate the |
| 11 | | license or certificate or deny
the application, without |
| 12 | | hearing. If, after termination or denial, the
person seeks a |
| 13 | | license or certificate, he or she shall apply to the
Department |
| 14 | | for restoration or issuance of the license or certificate and
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| 15 | | pay all fees and fines due to the Department. The Department |
| 16 | | may establish
a fee for the processing of an application for |
| 17 | | restoration of a license or
certificate to pay all expenses of |
| 18 | | processing this application. The Secretary
may waive the fines |
| 19 | | due under this Section in individual cases where the
Secretary |
| 20 | | finds that the fines would be unreasonable or unnecessarily
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| 21 | | burdensome.
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| 22 | | (Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.
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