Bill Text: IL HB5308 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Medical Practice Act of 1987. In a provision concerning temporary licenses, provides that persons meeting certain requirements may receive without examination a 3-year temporary license (removes "in the discretion of the Department"). Provides that a pre-residency or post-residency fellowship may qualify as specialty training or a training program. Makes other changes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5308 Detail]

Download: Illinois-2009-HB5308-Engrossed.html

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AN ACT concerning professional regulation.
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
changing Section 17 as follows:
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Section scheduled to be repealed on December 31, 2010)
Sec. 17. Temporary license. Persons holding the degree of
Doctor of Medicine, persons holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, and persons
holding the degree of Doctor of Chiropractic or persons who
have satisfied the requirements therefor and are eligible to
receive such degree from a medical, osteopathic, or
chiropractic school, who wish to pursue programs of graduate or
specialty training in this State, may receive without
examination, in the discretion of the Department, a 3-year
temporary license. In order to receive a 3-year temporary
license hereunder, an applicant shall furnish satisfactory
proof to the Department that the applicant:
(A) 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

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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;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or
a training program in a hospital or facility hospitals or
facilities maintained by the State of Illinois or
affiliated training facility facilities which is approved
by the Department for the purpose of such training under
this Act. For the purposes of this Section, a pre-residency
or post-residency fellowship may qualify as specialty
training or a training program. The applicant shall
indicate the beginning and ending dates of the period for
which the applicant has been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective
at the date of application except for postgraduate clinical
training;
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs or operative surgery 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

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mental or physical examination, or both, and may condition
or restrict any temporary license, subject to the same
terms and conditions as are provided for the Medical
Disciplinary Board under Section 22 of this Act. Any such
condition of restricted temporary 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.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts as
may be prescribed by and incidental to their program of
residency training; they shall not be entitled to otherwise
engage in the practice of medicine in this State unless fully
licensed in this State.
A 3-year temporary license may be revoked by the Department
upon proof that the holder thereof has engaged in the practice

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of medicine in this State outside of the program of their
residency or specialty training, or if the holder shall fail to
supply the Department, within 10 days of its request, with
information as to their current status and activities in their
specialty training program.
(Source: P.A. 89-702, eff. 7-1-97; 90-54, eff. 7-3-97.)