Bill Text: IL SB0664 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Ambulatory Surgical Treatment Center Act. Makes a technical change in the Section concerning the short title.

Sponsorship: Moderate Partisan Bill (Democrat 33-10)

Status: (Passed) 2011-11-23 - Public Act . . . . . . . . . 97-0622 [SB0664 Detail]

Download: Illinois-2011-SB0664-Amended.html

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Rep. Michael J. Zalewski

Filed: 10/24/2011

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AMENDMENT TO SENATE BILL 664
AMENDMENT NO. ______. Amend Senate Bill 664 by replacing
everything after the enacting clause with the following:
"Section 1. Findings; purpose; text and revisory changes;
validation; additional material.
(a) The Illinois Supreme Court, in Lebron v. Gottlieb
Memorial Hospital, found that the limitations on noneconomic
damages in medical malpractice actions that were created in
Public Act 94-677, contained in Section 2-1706.5 of the Code of
Civil Procedure, violate the separation of powers clause of the
Illinois Constitution. Because Public Act 94-677 contained an
inseverability provision, the Court held the Act to be void in
its entirety. The Court emphasized, however, that "because the
other provisions contained in Public Act 94-677 are deemed
invalid solely on inseverability grounds, the legislature
remains free to reenact any provisions it deems appropriate".
(b) It is the purpose of this Act to reenact certain

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provisions of Public Act 94-677 that did not involve
limitations on noneconomic damages in medical malpractice
actions, to validate certain actions taken in reliance on those
provisions, and to make certain additional changes to the
statutes.
(c) This Act reenacts Sections 7, 22, 23, 24, and 36 of the
Medical Practice Act of 1987. This Act does not reenact any
other provisions of Public Act 94-677.
In this Act, the base text of the reenacted Sections
includes the text as it existed at the time of the Supreme
Court's decision, including any amendments that occurred after
P.A. 94-677, and also includes amendments that occurred after
the decision. Striking and underscoring is used only to show
the changes being made by this Act to that base text.
(d) All otherwise lawful actions taken in reasonable
reliance on or pursuant to the Sections reenacted by this Act,
as set forth in Public Act 94-677 or subsequently amended, by
any officer, employee, agency, or unit of State or local
government or by any other person or entity, are hereby
validated. The actions include, but are not limited to,
disciplinary actions and adoption of administrative rules
under the Illinois Administrative Procedure Act.
With respect to actions taken in relation to matters
arising under the Sections reenacted by this Act, a person is
rebuttably presumed to have acted in reasonable reliance on and
pursuant to the provisions of Public Act 94-677, as those

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provisions had been amended at the time the action was taken.
With respect to their administration of matters arising
under the Sections reenacted by this Act, officers, employees,
agencies, and units of State and local government shall
continue to apply the provisions of Public Act 94-677, as those
provisions had been amended at the relevant time.
(e) This Act also contains material making new substantive
changes.
Section 5. The Regulatory Sunset Act is amended by changing
Sections 4.21 and 4.22 as follows:
(5 ILCS 80/4.21)
Sec. 4.21. Act Acts repealed on January 1, 2011 and
November 30, 2011. (a) The following Act is Acts are repealed
on January 1, 2011: The Fire Equipment Distributor and Employee
Regulation Act of 2000. (b) The following Act is repealed on
November 30, 2011: The Medical Practice Act of 1987.
(Source: P.A. 96-1041, eff. 7-14-10; 96-1492, eff. 12-30-10.)
(5 ILCS 80/4.22)
Sec. 4.22. Act Acts repealed on December 31, 2012 January
1, 2012. The following Act is Acts are repealed on December 31,
2012 January 1, 2012:
The Medical Practice Act of 1987.
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;

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97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
8-16-11; 97-514, eff. 8-23-11; 97-598, eff. 8-26-11; 97-602,
eff. 8-26-11; revised 8-30-11.)
Section 10. The Medical Practice Act of 1987 is amended by
changing Sections 2, 3.5, 4, 7, 7.5, 8, 8.1, 9, 9.7, 11, 14,
15, 17, 18, 19, 20, 21, 25, 26, 33, 35, 37, 38, 40, 41, 42, 43,
44, 47, 54, 54.2, 59, and 61, by reenacting and changing
Sections 7, 22, and 23, by reenacting Sections 24 and 36 as
follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on November 30, 2011)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
1. "Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
1.5. "Chiropractic physician" means a person licensed to
treat human ailments without the use of drugs and without

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operative surgery. Nothing in this Act shall be construed to
prohibit a chiropractic physician from providing advice
regarding the use of non-prescription products or from
administering atmospheric oxygen. Nothing in this Act shall be
construed to authorize a chiropractic physician to prescribe
drugs.
2. "Department" means the Department of Financial and
Professional Regulation.
3. "Director" means the Director of Professional
Regulation.
4. "Disciplinary Action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
5. "Disciplinary Board" means the Medical Disciplinary
Board.
6. "Final Determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the bylaws
or rules and regulations of such health care institution, or
professional association or society.
7. "Fund" means the Medical Disciplinary Fund.
8. "Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or written

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consent based on clinical evidence including deterioration
through the aging process or loss of motor skill, or abuse of
drugs or alcohol, of sufficient degree to diminish a person's
ability to deliver competent patient care.
9. "Licensing Board" means the Medical Licensing Board.
10. "Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
11. "Professional Association" means an association or
society of persons licensed under this Act, and operating
within the State of Illinois, including but not limited to,
medical societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.
12. "Program of Care, Counseling, or Treatment" means a
written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Disciplinary
Board, designed for the purpose of restoring an impaired person
to a condition whereby the impaired person can practice
medicine with reasonable skill and safety of a sufficient
degree to deliver competent patient care.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-462, eff. 8-19-11.)
(225 ILCS 60/3.5)

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(Section scheduled to be repealed on November 30, 2011)
Sec. 3.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a physician
without being licensed under this Act shall, in addition to any
other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 $5,000 for each
offense as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 60/4) (from Ch. 111, par. 4400-4)
(Section scheduled to be repealed on November 30, 2011)
Sec. 4. Exemptions. (a) This Act does not apply to the
following:
(1) persons lawfully carrying on their particular
profession or business under any valid existing regulatory

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Act of this State;
(2) persons rendering gratuitous services in cases of
emergency; or
(3) persons treating human ailments by prayer or
spiritual means as an exercise or enjoyment of religious
freedom. ; or
(4) persons practicing the specified occupations set
forth in in subsection (a) of, and pursuant to a licensing
exemption granted in subsection (b) or (d) of, Section
2105-350 of the Department of Professional Regulation Law
of the Civil Administrative Code of Illinois, but only for
so long as the 2016 Olympic and Paralympic Games
Professional Licensure Exemption Law is operable.
(b) (Blank).
(Source: P.A. 96-7, eff. 4-3-09.)
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board (hereinafter referred to as the
"Disciplinary Board"). The Disciplinary Board shall consist of
11 members, to be appointed by the Governor by and with the
advice and consent of the Senate. All members shall be

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residents of the State, not more than 6 of whom shall be
members of the same political party. All members shall be
voting members. Five members shall be physicians licensed to
practice medicine in all of its branches in Illinois possessing
the degree of doctor of medicine, and it shall be the goal that
at least one of the members practice in the field of
neurosurgery, one of the members practice in the field of
obstetrics and gynecology, and one of the members practice in
the field of cardiology. One member shall be a physician
licensed to practice medicine in all its branches in Illinois
possessing the degree of doctor of osteopathy or osteopathic
medicine. One member shall be a chiropractic physician licensed
to practice in Illinois and possessing the degree of doctor of
chiropractic. Four members shall be members of the public, who
shall not be engaged in any way, directly or indirectly, as
providers of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term by and with the advice and consent of the
Senate. Upon recommendation of the Board, any member of the
Disciplinary Board may be removed by the Governor for
misfeasance, malfeasance, or wilful neglect of duty, after
notice, and a public hearing, unless such notice and hearing

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shall be expressly waived in writing. Each member shall serve
on the Disciplinary Board until their successor is appointed
and qualified. No member of the Disciplinary Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to insure
that the various social and geographic regions of the State of
Illinois are properly represented.
In making the designation of persons to act for the several
professions represented on the Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor has
been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least
4 of whom are physicians, shall constitute a quorum. A vacancy
in the membership of the Disciplinary Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Disciplinary Board. Any action taken by
the Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary

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Board shall meet at least quarterly. The Disciplinary Board is
empowered to adopt all rules and regulations necessary and
incident to the powers granted to it under this Act.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary of the
Department, hereinafter referred to as the Secretary, shall
determine. The Secretary shall also determine the per diem
stipend that each ex-officio member shall receive. Each member
shall be paid their necessary expenses while engaged in the
performance of their duties.
(G) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. Each medical coordinator
shall be the chief enforcement officer of this Act in his or
her assigned region and shall serve at the will of the
Disciplinary Board.

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The Secretary shall employ, in conformity with the
Personnel Code, investigators who are not less than one full
time investigator for every 2,500 physicians licensed in the
State. Each investigator shall be a college graduates graduate
with at least 2 years of years' investigative experience or one
year of advanced medical education. Upon the written request of
the Disciplinary Board, the Secretary shall employ, in
conformity with the Personnel Code, such other professional,
technical, investigative, and clerical help, either on a full
or part-time basis as the Disciplinary Board deems necessary
for the proper performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairperson chairman, vice chairperson
chairman, or a medical coordinator of the Disciplinary Board,
the Department of Human Services or the Department of State
Police shall make available any and all information that they
have in their possession regarding a particular case then under
investigation by the Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the
Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to

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serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations
and participation in complaints against physicians. Such
advisors shall serve under contract and shall be reimbursed at
a reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the advisor,
for any act undertaken in good faith and in the conduct of his
or her their duties under this Section, shall be immune from
civil suit.
(Source: P.A. 93-138, eff. 7-10-03; 94-677, eff. 8-25-05.)
(225 ILCS 60/7.5)
(Section scheduled to be repealed on November 30, 2011)
Sec. 7.5. Complaint Committee.
(a) There shall be a Complaint Committee of the
Disciplinary Board composed of at least one of the medical
coordinators established by subsection (G) (g) of Section 7 of
this Act, the Chief of Medical Investigations (person employed
by the Department who is in charge of investigating complaints
against physicians and physician assistants), and at least 3
voting members of the Disciplinary Board (at least 2 of whom
shall be physicians) designated by the Chairperson Chairman of
the Medical Disciplinary Board with the approval of the
Disciplinary Board. The Disciplinary Board members so
appointed shall serve one-year terms and may be eligible for

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reappointment for subsequent terms.
(b) The Complaint Committee shall meet at least twice a
month to exercise its functions and duties set forth in
subsection (c) below. At least 2 members of the Disciplinary
Board shall be in attendance in order for any business to be
transacted by the Complaint Committee. The Complaint Committee
shall make every effort to consider expeditiously and take
prompt action on each item on its agenda.
(c) The Complaint Committee shall have the following duties
and functions:
(1) To recommend to the Disciplinary Board that a
complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions (person employed by the
Department who is in charge of prosecuting formal
complaints against licensees) for review.
(3) To make a decision in conjunction with the Chief of
Medical Prosecutions regarding action to be taken on a
complaint file.
(d) In determining what action to take or whether to
proceed with prosecution of a complaint, the Complaint
Committee shall consider, but not be limited to, the following
factors: sufficiency of the evidence presented, prosecutorial
merit under Section 22 of this Act, any recommendation made by
the Department, and insufficient cooperation from complaining
parties.

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(Source: P.A. 93-214, eff. 1-1-04.)
(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
(Section scheduled to be repealed on November 30, 2011)
Sec. 8. Medical Licensing Board.
(A) There is hereby created a Medical Licensing Board
(hereinafter referred to as the "Licensing Board"). The
Licensing Board shall be composed of 7 members, to be appointed
by the Governor by and with the advice and consent of the
Senate; 5 of whom shall be reputable physicians licensed to
practice medicine in all of its branches in Illinois,
possessing the degree of doctor of medicine; one member shall
be a reputable physician licensed in Illinois to practice
medicine in all of its branches, possessing the degree of
doctor of osteopathy or osteopathic medicine; and one member
shall be a reputable chiropractic physician licensed to
practice in Illinois and possessing the degree of doctor of
chiropractic. Of the 5 members holding the degree of doctor of
medicine, one shall be a full-time or part-time teacher of
professorial rank in the clinical department of an Illinois
school of medicine.
(B) Members of the Licensing Board shall be appointed for
terms of 4 years, and until their successors are appointed and
qualified. Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired portion
of the vacated term. No more than 4 members of the Licensing

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Board shall be members of the same political party and all
members shall be residents of this State. No member of the
Licensing Board may be appointed to more than 2 successive 4
year terms. This limitation shall only apply to individuals
appointed to the Licensing Board after the effective date of
this Act.
(C) Members of the Licensing Board shall be immune from
suit in any action based upon any licensing proceedings or
other acts performed in good faith as members of the Licensing
Board.
(D) (Blank).
(E) The Licensing Board shall annually elect one of its
members as chairperson and one as vice chairperson. No member
shall be elected more than twice in succession to the same
office. Each officer shall serve until his or her their
successor has been elected and qualified.
(F) None of the functions, powers or duties of the
Department with respect to policies regarding licensure and
examination under this Act, including the promulgation of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Licensing Board.
(G) The Licensing Board shall receive the same compensation
as the members of the Medical Disciplinary Board, which
compensation shall be paid out of the Illinois State Medical
Disciplinary Fund.

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(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/8.1)
(Section scheduled to be repealed on November 30, 2011)
Sec. 8.1. Matters concerning advanced practice nurses. Any
proposed rules, amendments, second notice materials and
adopted rule or amendment materials, and policy statements
concerning advanced practice nurses shall be presented to the
Medical Licensing Board for review and comment. The
recommendations of both the Board of Nursing and the Medical
Licensing Board shall be presented to the Secretary for
consideration in making final decisions. Whenever the Board of
Nursing and the Medical Licensing Board disagree on a proposed
rule or policy, the Secretary shall convene a joint meeting of
the officers of each Board to discuss the resolution of any
such disagreements.
(Source: P.A. 95-639, eff. 10-5-07.)
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
(Section scheduled to be repealed on November 30, 2011)
Sec. 9. Application for license. Each applicant for a
license shall:
(A) Make application on blank forms prepared and
furnished by the Department of Professional Regulation
hereinafter referred to as the Department.
(B) Submit evidence satisfactory to the Department

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that the applicant:
(1) 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;
(2) has the preliminary and professional education
required by this Act;
(3) (blank); and
(4) 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 or conduct or activities that
would constitute grounds for discipline under this
Act, compel any applicant to submit to a mental or
physical examination and evaluation, or both, as
provided for in Section 22 of this Act. The Licensing
Board 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

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Act. Any such condition of a 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.
In determining professional capacity under this
Section, an any individual who has not been actively
engaged in the practice of medicine or as a medical,
osteopathic, or chiropractic student or who has not been
engaged in a formal program of medical education during the
2 years immediately preceding their application may be
required to complete such additional testing, training, or
remedial education as the Licensing Board may deem
necessary in order to establish the applicant's present
capacity to practice medicine with reasonable judgment,
skill, and safety. The Licensing Board may consider the
following criteria, as they relate to an applicant, as part
of its determination of professional capacity:
(1) Medical research in an established research
facility, hospital, college or university, or private
corporation.

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(2) Specialized training or education.
(3) Publication of original work in learned,
medical, or scientific journals.
(4) Participation in federal, State, local, or
international public health programs or organizations.
(5) Professional service in a federal veterans or
military institution.
(6) Any other professional activities deemed to
maintain and enhance the clinical capabilities of the
applicant.
Any applicant applying for a license to practice
medicine in all of its branches or for a license as a
chiropractic physician who has not been engaged in the
active practice of medicine or has not been enrolled in a
medical program for 2 years prior to application must
submit proof of professional capacity to the Licensing
Board.
Any applicant applying for a temporary license that has
not been engaged in the active practice of medicine or has
not been enrolled in a medical program for longer than 5
years prior to application must submit proof of
professional capacity to the Licensing Board.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of
which the applicant is a graduate and the category under
which the applicant seeks, and will undertake, to practice.

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(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass an
examination authorized by the Department to determine the
applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been
completed within 3 years, the application shall expire be
denied, application fees shall be forfeited, and the
applicant must reapply and meet the requirements in effect
at the time of reapplication.
(Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
(225 ILCS 60/9.7)
(Section scheduled to be repealed on November 30, 2011)
Sec. 9.7. Criminal history records background check. Each
applicant for licensure or permit under Sections 9, 18, and 19
shall have his or her fingerprints submitted to the Department
of State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Department of State
Police. These fingerprints shall be checked against the
Department of State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be

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deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
Department designated or approved vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may adopt
any rules necessary to implement this Section.
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.
(Source: P.A. 90-722, eff. 1-1-99.)
(225 ILCS 60/11) (from Ch. 111, par. 4400-11)
(Section scheduled to be repealed on November 30, 2011)
Sec. 11. Minimum education standards. The minimum
standards of professional education to be enforced by the
Department in conducting examinations and issuing licenses
shall be as follows:
(A) Practice of medicine. For the practice of medicine
in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:

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(a) that the applicant is a graduate of a
medical or osteopathic college in the United
States, its territories or Canada, that the
applicant has completed a 2 year course of
instruction in a college of liberal arts, or its
equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department or by a private, not for profit
accrediting body approved by the Department, and
in addition thereto, a course of postgraduate
clinical training of not less than 12 months as
approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the
United States, its territories or Canada, and that
the degree conferred is officially recognized by
the country for the purposes of licensure, that the
applicant has completed a 2 year course of
instruction in a college of liberal arts or its
equivalent, and a course of instruction in a
medical or osteopathic college approved by the
Department, which course shall have been not less
than 132 weeks in duration and shall have been
completed within a period of not less than 35
months, and, in addition thereto, has completed a
course of postgraduate clinical training of not

09700SB0664ham002 - 24 - LRB097 04427 CEL 58849 a
less than 12 months, as approved by the Department,
and has complied with any other standards
established by rule.
For the purposes of this subparagraph (b) an
applicant is considered to be a graduate of a
medical college if the degree which is conferred is
officially recognized by that country for the
purposes of receiving a license to practice
medicine in all of its branches or a document is
granted by the medical college which certifies the
completion of all formal training requirements
including any internship and social service; or
(c) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States, its territories, or Canada,
that the applicant has completed a 2 year course of
instruction in a college of liberal arts or its
equivalent and all of the formal requirements of a
foreign medical school except internship and
social service, which course shall have been not
less than 132 weeks in duration and shall have been
completed within a period of not less than 35
months; that the applicant has submitted an
application to a medical college accredited by the
Liaison Committee on Medical Education and
submitted to such evaluation procedures, including

09700SB0664ham002 - 25 - LRB097 04427 CEL 58849 a
use of nationally recognized medical student tests
or tests devised by the individual medical
college, and that the applicant has satisfactorily
completed one academic year of supervised clinical
training under the direction of such medical
college; and, in addition thereto has completed a
course of postgraduate clinical training of not
less than 12 months, as approved by the Department,
and has complied with any other standards
established by rule.
(d) Any clinical clerkships must have been
completed in compliance with Section 10.3 of the
Hospital Licensing Act, as amended.
(2) Effective January 1, 1988, for applications
for licensure made subsequent to January 1, 1988, under
Sections 9 or 17 of this Act by individuals not
described in paragraph (3) of subsection (A) of Section
11 who graduated after December 31, 1984:
(a) that the applicant: (i) graduated from a
medical or osteopathic college officially
recognized by the jurisdiction in which it is
located for the purpose of receiving a license to
practice medicine in all of its branches, and the
applicant has completed, as defined by the
Department, a 6 year postsecondary course of study
comprising at least 2 academic years of study in

09700SB0664ham002 - 26 - LRB097 04427 CEL 58849 a
the basic medical sciences; and 2 academic years of
study in the clinical sciences, while enrolled in
the medical college which conferred the degree,
the core rotations of which must have been
completed in clinical teaching facilities owned,
operated or formally affiliated with the medical
college which conferred the degree, or under
contract in teaching facilities owned, operated or
affiliated with another medical college which is
officially recognized by the jurisdiction in which
the medical school which conferred the degree is
located; or (ii) graduated from a medical or
osteopathic college accredited by the Liaison
Committee on Medical Education, the Committee on
Accreditation of Canadian Medical Schools in
conjunction with the Liaison Committee on Medical
Education, or the Bureau of Professional Education
of the American Osteopathic Association; and,
(iii) in addition thereto, has completed 24 months
a course of postgraduate clinical training of not
less than 24 months, as approved by the Department;
or
(b) that the applicant has studied medicine at
a medical or osteopathic college located outside
the United States, its territories, or Canada,
that the applicant, in addition to satisfying the

09700SB0664ham002 - 27 - LRB097 04427 CEL 58849 a
requirements of subparagraph (a), except for the
awarding of a degree, has completed all of the
formal requirements of a foreign medical school
except internship and social service and has
submitted an application to a medical college
accredited by the Liaison Committee on Medical
Education and submitted to such evaluation
procedures, including use of nationally recognized
medical student tests or tests devised by the
individual medical college, and that the applicant
has satisfactorily completed one academic year of
supervised clinical training under the direction
of such medical college; and, in addition thereto,
has completed 24 months a course of postgraduate
clinical training of not less than 24 months, as
approved by the Department, and has complied with
any other standards established by rule.
(3) (Blank).
(4) Any person granted a temporary license
pursuant to Section 17 of this Act who shall
satisfactorily complete a course of postgraduate
clinical training and meet all of the requirements for
licensure shall be granted a permanent license
pursuant to Section 9.
(5) Notwithstanding any other provision of this
Section an individual holding a temporary license

09700SB0664ham002 - 28 - LRB097 04427 CEL 58849 a
under Section 17 of this Act shall be required to
satisfy the undergraduate medical and post-graduate
clinical training educational requirements in effect
on the date of their application for a temporary
license, provided they apply for a license under
Section 9 of this Act and satisfy all other
requirements of this Section while their temporary
license is in effect.
(B) Treating human ailments without drugs and without
operative surgery. For the practice of treating human
ailments without the use of drugs and without operative
surgery:
(1) For an applicant who was a resident student and
who is a graduate after July 1, 1926, of a chiropractic
college or institution, that such school, college or
institution, at the time of the applicant's graduation
required as a prerequisite to admission thereto a 4
year course of instruction in a high school, and, as a
prerequisite to graduation therefrom, a course of
instruction in the treatment of human ailments, of not
less than 132 weeks in duration and which shall have
been completed within a period of not less than 35
months except that as to students matriculating or
entering upon a course of chiropractic study during the
years 1940, 1941, 1942, 1943, 1944, 1945, 1946, and
1947, such elapsed time shall be not less than 32

09700SB0664ham002 - 29 - LRB097 04427 CEL 58849 a
months, such high school and such school, college or
institution having been reputable and in good standing
in the judgment of the Department.
(2) For an applicant who is a matriculant in a
chiropractic college after September 1, 1969, that
such applicant shall be required to complete a 2 year
course of instruction in a liberal arts college or its
equivalent and a course of instruction in a
chiropractic college in the treatment of human
ailments, such course, as a prerequisite to graduation
therefrom, having been not less than 132 weeks in
duration and shall have been completed within a period
of not less than 35 months, such college of liberal
arts and chiropractic college having been reputable
and in good standing in the judgment of the Department.
(3) For an applicant who is a graduate of a United
States chiropractic college after August 19, 1981, the
college of the applicant must be fully accredited by
the Commission on Accreditation of the Council on
Chiropractic Education or its successor at the time of
graduation. Such graduates shall be considered to have
met the minimum requirements which shall be in addition
to those requirements set forth in the rules and
regulations promulgated by the Department.
(4) For an applicant who is a graduate of a
chiropractic college in another country; that such

09700SB0664ham002 - 30 - LRB097 04427 CEL 58849 a
chiropractic college be equivalent to the standards of
education as set forth for chiropractic colleges
located in the United States.
(Source: P.A. 89-702, eff. 7-1-97; 90-818, eff. 3-23-99.)
(225 ILCS 60/14) (from Ch. 111, par. 4400-14)
(Section scheduled to be repealed on November 30, 2011)
Sec. 14. Chiropractic students. Candidates for the degree
of doctor of chiropractic enrolled in a chiropractic college,
accredited by the Council on Chiropractic Education, may
practice under the direct, on-premises supervision of a
chiropractic physician who is licensed to treat human ailments
without the use of drugs and without operative surgery and who
is a member of the faculty of an accredited chiropractic
college.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/15) (from Ch. 111, par. 4400-15)
(Section scheduled to be repealed on November 30, 2011)
Sec. 15. Chiropractic physician Physician licensed to
practice without drugs and operative surgery; license for
general practice. Any chiropractic physician licensed under
this Act to treat human ailments without the use of
prescriptive drugs and operative surgery shall be permitted to
take the examination for licensure as a physician to practice
medicine in all its branches and shall receive a license to

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practice medicine in all of its branches if he or she shall
successfully pass such examination, upon proof of having
successfully completed in a medical college, osteopathic
college or chiropractic college reputable and in good standing
in the judgment of the Department, courses of instruction in
materia medica, therapeutics, surgery, obstetrics, and theory
and practice deemed by the Department to be equal to the
courses of instruction required in those subjects for admission
to the examination for a license to practice medicine in all of
its branches, together with proof of having completed (a) the 2
year course of instruction in a college of liberal arts, or its
equivalent, required under this Act, and (b) a course of
postgraduate clinical training of not less than 24 months as
approved by the Department.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Section scheduled to be repealed on November 30, 2011)
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

09700SB0664ham002 - 32 - LRB097 04427 CEL 58849 a
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 submit evidence 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
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 hospitals or facilities maintained by
the State of Illinois or affiliated training facilities
which is approved by the Department for the purpose of such
training under this Act. 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

09700SB0664ham002 - 33 - LRB097 04427 CEL 58849 a
without the use of drugs and without 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 mental or physical examination and evaluation,
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 his or her their program

09700SB0664ham002 - 34 - LRB097 04427 CEL 58849 a
of residency training; he or she 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
of medicine in this State outside of the program of his or her
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 his or her their current status and
activities in his or her their specialty training program.
(Source: P.A. 89-702, eff. 7-1-97; 90-54, eff. 7-3-97.)
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
(Section scheduled to be repealed on November 30, 2011)
Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a person
to practice medicine in all of its branches or to practice
the treatment of human ailments without the use of drugs
and without operative surgery provided:
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her their native licensing

09700SB0664ham002 - 35 - LRB097 04427 CEL 58849 a
jurisdiction during the period of the visiting
professor permit;
(b) the person has received a faculty appointment
to teach in a medical, osteopathic or chiropractic
school in Illinois; and
(c) the Department may prescribe the information
necessary to establish an applicant's eligibility for
a permit. This information shall include without
limitation (i) a statement from the dean of the medical
school at which the applicant will be employed
describing the applicant's qualifications and (ii) a
statement from the dean of the medical school listing
every affiliated institution in which the applicant
will be providing instruction as part of the medical
school's education program and justifying any clinical
activities at each of the institutions listed by the
dean.
(2) Application for visiting professor permits shall
be made to the Department, in writing, on forms prescribed
by the Department and shall be accompanied by the required
fee established by rule, which shall not be refundable. Any
application shall require the information as, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A visiting professor permit shall be valid for no
longer than 2 years from the date of issuance or until the

09700SB0664ham002 - 36 - LRB097 04427 CEL 58849 a
time the faculty appointment is terminated, whichever
occurs first, and may be renewed only in accordance with
subdivision (A)(6) of this Section.
(4) The applicant may be required to appear before the
Medical Licensing Board for an interview prior to, and as a
requirement for, the issuance of the original permit and
the renewal.
(5) Persons holding a permit under this Section shall
only practice medicine in all of its branches or practice
the treatment of human ailments without the use of drugs
and without operative surgery in the State of Illinois in
their official capacity under their contract within the
medical school itself and any affiliated institution in
which the permit holder is providing instruction as part of
the medical school's educational program and for which the
medical school has assumed direct responsibility.
(6) After the initial renewal of a visiting professor
permit, a A visiting professor permit shall be valid until
the last day of the next physician license renewal period,
as set by rule, and may only be renewed for applicants who
meet the following requirements:
(i) have obtained the required continuing
education hours as set by rule; and
(ii) have paid the fee prescribed for a license
under Section 21 of this Act.
For initial renewal, the visiting professor must

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successfully pass a general competency examination authorized
by the Department by rule, unless he or she was issued an
initial visiting professor permit on or after January 1, 2007,
but prior to July 1, 2007.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a
temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting physician permit;
(c) that the person has received an invitation or
appointment to study, demonstrate, or perform a
specific medical, osteopathic, chiropractic or
clinical subject or technique in a medical,
osteopathic, or chiropractic school, a state or
national medical, osteopathic, or chiropractic
professional association or society conference or
meeting, a hospital licensed under the Hospital
Licensing Act, a hospital organized under the

09700SB0664ham002 - 38 - LRB097 04427 CEL 58849 a
University of Illinois Hospital Act, or a facility
operated pursuant to the Ambulatory Surgical Treatment
Center Act; and
(d) that the temporary visiting physician permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative
surgery within the scope of the medical, osteopathic,
chiropractic, or clinical studies, or in conjunction
with the state or national medical, osteopathic, or
chiropractic professional association or society
conference or meeting, for which the holder was invited
or appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for no longer than (i) 180 days from the date of
issuance or (ii) until the time the medical, osteopathic,
chiropractic, or clinical studies are completed, or the

09700SB0664ham002 - 39 - LRB097 04427 CEL 58849 a
state or national medical, osteopathic, or chiropractic
professional association or society conference or meeting
has concluded, whichever occurs first.
(4) The applicant for a temporary visiting physician
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if he or she meets the requirements as established
by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human ailments
without the use of drugs and without operative surgery
in good standing in his or her native licensing
jurisdiction during the period of the temporary
visiting resident permit;

09700SB0664ham002 - 40 - LRB097 04427 CEL 58849 a
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the Department;
(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois licensed
physician in an Illinois patient care clinic or
facility that is affiliated with the out-of-State post
graduate training program; and
(e) that the temporary visiting resident permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without operative
surgery within the scope of the medical, osteopathic,
chiropractic or clinical studies for which the holder
was invited or appointed.
(2) The application for the temporary visiting
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule. The
application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be valid
for 180 days from the date of issuance or until the time

09700SB0664ham002 - 41 - LRB097 04427 CEL 58849 a
the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
resident permit.
(Source: P.A. 95-915, eff. 8-26-08; 96-398, eff. 8-13-09.)
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
(Section scheduled to be repealed on November 30, 2011)
Sec. 19. Licensure by endorsement without examination. The
Department may, in its discretion, issue a license by
endorsement without examination to any person who is currently
licensed to practice medicine in all of its branches, or a
chiropractic physician 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 and submitting evidence satisfactory to the
Department of the following:
(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

09700SB0664ham002 - 42 - LRB097 04427 CEL 58849 a
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 and evaluation, or both, in
the same manner as provided in Section 22 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

09700SB0664ham002 - 43 - LRB097 04427 CEL 58849 a
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;

09700SB0664ham002 - 44 - LRB097 04427 CEL 58849 a
(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 by endorsement , 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 by endorsement
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

09700SB0664ham002 - 45 - LRB097 04427 CEL 58849 a
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 the exercise
of its discretion under this Section, the Department may
require an applicant to successfully complete an examination as
recommended by the Licensing Board. 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; 90-722, eff. 1-1-99.)
(225 ILCS 60/20) (from Ch. 111, par. 4400-20)

09700SB0664ham002 - 46 - LRB097 04427 CEL 58849 a
(Section scheduled to be repealed on November 30, 2011)
Sec. 20. Continuing education. The Department shall
promulgate rules of continuing education for persons licensed
under this Act that require an average of 50 150 hours of
continuing education per license year renewal cycle. These
rules shall be consistent with requirements of relevant
professional associations, specialty speciality societies, or
boards. The rules shall also address variances in part or in
whole for good cause, including, but not limited to, temporary
illness or hardship. In establishing these rules, the
Department shall consider educational requirements for medical
staffs, requirements for specialty society board certification
or for continuing education requirements as a condition of
membership in societies representing the 2 categories of
licensee under this Act. These rules shall assure that
licensees are given the opportunity to participate in those
programs sponsored by or through their professional
associations or hospitals which are relevant to their practice.
Each licensee is responsible for maintaining records of
completion of continuing education and shall be prepared to
produce the records when requested by the Department.
(Source: P.A. 92-750, eff. 1-1-03.)
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on November 30, 2011)
Sec. 21. License renewal; restoration; inactive status;

09700SB0664ham002 - 47 - LRB097 04427 CEL 58849 a
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall mail to each licensee under this Act,
at his or her last known address of record, at least 60 days in
advance of the expiration date of his or her license, a renewal
notice of that fact and an application for renewal form. No
such license shall be deemed to have lapsed until 90 days after
the expiration date and after such notice has and application
have been mailed by the Department as herein provided.
(B) Restoration. Any licensee who has permitted his or her
license to lapse or who has had his or her license on inactive
status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have the license
restored, including evidence certifying to active practice in
another jurisdiction satisfactory to the Department, proof of
meeting the continuing education requirements for one renewal
period, and by paying the required restoration fee.
If the licensee has not maintained an active practice in

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another jurisdiction satisfactory to the Department, the
Licensing Board shall determine, by an evaluation program
established by rule, the applicant's fitness to resume active
status and may require the licensee to complete a period of
evaluated clinical experience and may require successful
completion of a the practical examination specified by the
Licensing Board.
However, any registrant whose license has expired while he
or she has been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, the Public Health
Service or the State Militia called into the service or
training of the United States of America, or (b) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license reinstated or restored without paying any
lapsed renewal fees, if within 2 years after honorable
termination of such service, training, or education, he or she
furnishes to the Department with satisfactory evidence to the
effect that he or she has been so engaged and that his or her
service, training, or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the Department

09700SB0664ham002 - 49 - LRB097 04427 CEL 58849 a
in writing of his or her desire to resume active status.
Any licensee requesting restoration from inactive status
shall be required to pay the current renewal fee, provide proof
of meeting the continuing education requirements for the period
of time the license is inactive not to exceed one renewal
period, and shall be required to restore his or her license as
provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited in the
Illinois State Medical Disciplinary Fund in the State Treasury,
and used only for the following purposes: (a) by the Medical
Disciplinary Board and Licensing Board in the exercise of its
powers and performance of its duties, as such use is made by
the Department with full consideration of all recommendations
of the Medical Disciplinary Board and Licensing Board, (b) for
costs directly related to persons licensed under this Act, and
(c) for direct and allocable indirect costs related to the
public purposes of the Department of Professional Regulation.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited in

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the Illinois State Medical Disciplinary Fund and shall be used
for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required to
pay, either to the Department or to the designated testing
service, a fee covering the cost of determining the
applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) The fee for a license under Section 9 of this Act
is $300.
(3) The fee for a license under Section 19 of this Act
is $300.
(4) The fee for the renewal of a license for a resident
of Illinois shall be calculated at the rate of $100 per
year, except for licensees who were issued a license within
12 months of the expiration date of the license, the fee
for the renewal shall be $100. The fee for the renewal of a
license for a nonresident shall be calculated at the rate
of $200 per year, except for licensees who were issued a
license within 12 months of the expiration date of the
license, the fee for the renewal shall be $200.

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(5) The fee for the restoration of a license other than
from inactive status, is $100. In addition, payment of all
lapsed renewal fees not to exceed $600 is required.
(6) The fee for a 3-year temporary license under
Section 17 is $100.
(7) The fee for the issuance of a duplicate license,
for the issuance of a replacement license for a license
which has been lost or destroyed, or for the issuance of a
license with a change of name or address other than during
the renewal period is $20. No fee is required for name and
address changes on Department records when no duplicate
license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(10) The fee to be paid by a licensee for a wall
certificate showing his or her license shall be the actual
cost of producing the certificate as determined by the
Department.
(11) The fee for a roster of persons licensed as
physicians in this State shall be the actual cost of
producing such a roster as determined by the Department.
(F) Any person who delivers a check or other payment to the

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Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses of
processing this application. The Secretary Director may waive
the fines due under this Section in individual cases where the
Secretary Director finds that the fines would be unreasonable
or unnecessarily burdensome.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01; 92-146, eff. 1-1-02.)

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(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on probation
probationary status, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
visiting professor permit of any person issued under this Act
to practice medicine, or a chiropractic physician, including
imposing fines not to exceed $10,000 for each violation, to
treat human ailments without the use of drugs and without
operative surgery upon any of the following grounds:
(1) Performance of an elective abortion in any place,
locale, facility, or institution other than:
(a) a facility licensed pursuant to the Ambulatory
Surgical Treatment Center Act;
(b) an institution licensed under the Hospital
Licensing Act;
(c) an ambulatory surgical treatment center or
hospitalization or care facility maintained by the
State or any agency thereof, where such department or
agency has authority under law to establish and enforce
standards for the ambulatory surgical treatment
centers, hospitalization, or care facilities under its

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management and control;
(d) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by the
Federal Government; or
(e) ambulatory surgical treatment centers,
hospitalization or care facilities maintained by any
university or college established under the laws of
this State and supported principally by public funds
raised by taxation.
(2) Performance of an abortion procedure in a wilful
and wanton manner on a woman who was not pregnant at the
time the abortion procedure was performed.
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony. The
conviction of a felony in this or any other jurisdiction,
except as otherwise provided in subsection B of this
Section, whether or not related to practice under this Act,
or the entry of a guilty or nolo contendere plea to a
felony charge.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

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defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, of alcohol, or of any
other substances which results in the inability to practice
with reasonable judgment, skill or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Disciplinary action of another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof.

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(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action of
the Secretary, after consideration of the recommendation
of the Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking or agreeing to cure or treat
disease by a secret method, procedure, treatment or
medicine, or the treating, operating or prescribing for any
human condition by a method, means or procedure which the

09700SB0664ham002 - 57 - LRB097 04427 CEL 58849 a
licensee refuses to divulge upon demand of the Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Wilfully making or filing false records or reports
in his or her practice as a physician, including, but not
limited to, false records to support claims against the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(22) Wilful omission to file or record, or wilfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or wilfully failing to report an instance
of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and wilful and continued overcharging for

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professional services, including filing false statements
for collection of fees for which services are not rendered,
including, but not limited to, filing such false statements
for collection of monies for services not rendered from the
medical assistance program of the Department of Healthcare
and Family Services (formerly Department of Public Aid)
under the Illinois Public Aid Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Wilfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed

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under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra, as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any peer
review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of a
license or authorization to practice as a medical doctor, a
doctor of osteopathy, a doctor of osteopathic medicine, or
doctor of chiropractic in another state or jurisdiction, or
surrender of membership on any medical staff or in any
medical or professional association or society, while
under disciplinary investigation by any of those
authorities or bodies, for acts or conduct similar to acts
or conduct which would constitute grounds for action as
defined in this Section.
(36) Failure to report to the Department any adverse

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judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
which would constitute grounds for action as defined in
this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of 1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice nurse.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may

09700SB0664ham002 - 61 - LRB097 04427 CEL 58849 a
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of the
complaint. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of 2 years from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.

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The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission

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of any act, including, but not limited to, commission of an
act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board
or the Licensing Board, upon a showing of a possible violation,
may compel, in the case of the Disciplinary Board, any
individual who is licensed to practice under this Act or holds
a permit to practice under this Act, or, in the case of the
Licensing Board, any individual who has applied for licensure
or a permit pursuant to this Act, to submit to a mental or
physical examination and evaluation, or both, which may include
a substance abuse or sexual offender evaluation, as required by
the Licensing Board or Disciplinary Board and at the expense of
the Department. The Disciplinary Board or Licensing Board shall
specifically designate the examining physician licensed to
practice medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice

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medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The examining physician or
physicians shall be those specifically designated by the
Disciplinary Board. The Medical Disciplinary Board, the
Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Licensing Board any and all records, including business
records, that relate to the examination and evaluation,
including any supplemental testing performed. The Disciplinary
Board, the Licensing Board, or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this mental or physical
examination and evaluation of the licensee, permit holder, or
applicant, including testimony concerning any supplemental
testing or documents relating to the examination and
evaluation. No information, report, record, or other documents

09700SB0664ham002 - 65 - LRB097 04427 CEL 58849 a
in any way related to the examination and evaluation shall be
excluded by reason of any common law or statutory privilege
relating to communication between the licensee or applicant and
the examining physician or any member of the multidisciplinary
team. No authorization is necessary from the licensee, permit
holder, or applicant ordered to undergo an evaluation and
examination for the examining physician or any member of the
multidisciplinary team to provide information, reports,
records, or other documents or to provide any testimony
regarding the examination and evaluation. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of the
examination. Failure of any individual to submit to mental or
physical examination and evaluation, or both, when directed,
shall result in an automatic be grounds for suspension, without
hearing, of his or her license until such time as the
individual submits to the examination if the Disciplinary Board
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause. If the
Disciplinary Board finds a physician unable to practice because
of the reasons set forth in this Section, the Disciplinary
Board shall require such physician to submit to care,
counseling, or treatment by physicians approved or designated
by the Disciplinary Board, as a condition for continued,
reinstated, or renewed licensure to practice. Any physician,
whose license was granted pursuant to Sections 9, 17, or 19 of

09700SB0664ham002 - 66 - LRB097 04427 CEL 58849 a
this Act, or, continued, reinstated, renewed, disciplined or
supervised, subject to such terms, conditions or restrictions
who shall fail to comply with such terms, conditions or
restrictions, or to complete a required program of care,
counseling, or treatment, as determined by the Chief Medical
Coordinator or Deputy Medical Coordinators, shall be referred
to the Secretary for a determination as to whether the licensee
shall have their license suspended immediately, pending a
hearing by the Disciplinary Board. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. The Disciplinary Board
shall have the authority to review the subject 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.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with

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other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
(B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine
or a chiropractic physician to treat human ailments without the
use of drugs and without operative surgery, who has been
convicted a second time of committing any felony under the
Illinois Controlled Substances Act or the Methamphetamine
Control and Community Protection Act, or who has been convicted
a second time of committing a Class 1 felony under Sections
8A-3 and 8A-6 of the Illinois Public Aid Code. A person whose
license or visiting permit is revoked under this subsection B
of Section 22 of this Act shall be prohibited from practicing
medicine or treating human ailments without the use of drugs
and without operative surgery.
(C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,

09700SB0664ham002 - 68 - LRB097 04427 CEL 58849 a
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 94-566, eff. 9-11-05; 94-677, eff. 8-25-05;
95-331, eff. 8-21-07; 96-608, eff. 8-24-09; 96-1000, eff.
7-2-10.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional, and by P.A. 96-1372,
which amended language added by P.A. 94-677)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Disciplinary Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made , in accordance with that
institution's by-laws or rules and regulations, that a
person has either committed an act or acts which may
directly threaten patient care, and not of an
administrative nature, or that a person may be mentally or
physically disabled in such a manner as to endanger
patients under that person's care. Such officer also shall

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report if a person accepts voluntary termination or
restriction of clinical privileges in lieu of formal action
based upon conduct related directly to patient care and not
of an administrative nature, or in lieu of formal action
seeking to determine whether a person may be mentally or
physically disabled in such a manner as to endanger
patients under that person's care. The Medical
Disciplinary Board shall, by rule, provide for the
reporting to it by health care institutions of all
instances in which a person, licensed under this Act, who
is impaired by reason of age, drug or alcohol abuse or
physical or mental impairment, is under supervision and,
where appropriate, is in a program of rehabilitation. Such
reports shall be strictly confidential and may be reviewed
and considered only by the members of the Disciplinary
Board, or by authorized staff as provided by rules of the
Disciplinary Board. Provisions shall be made for the
periodic report of the status of any such person not less
than twice annually in order that the Disciplinary Board
shall have current information upon which to determine the
status of any such person. Such initial and periodic
reports of impaired physicians shall not be considered
records within the meaning of The State Records Act and
shall be disposed of, following a determination by the
Disciplinary Board that such reports are no longer
required, in a manner and at such time as the Disciplinary

09700SB0664ham002 - 70 - LRB097 04427 CEL 58849 a
Board shall determine by rule. The filing of such reports
shall be construed as the filing of a report for purposes
of subsection (C) of this Section.
(2) Professional associations. The President or chief
executive officer of any association or society, of persons
licensed under this Act, operating within this State shall
report to the Disciplinary Board when the association or
society renders a final determination that a person has
committed unprofessional conduct related directly to
patient care or that a person may be mentally or physically
disabled in such a manner as to endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Disciplinary Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Disciplinary Board, within 5
days, any all instances in which a person licensed under
this Act is convicted or otherwise found guilty of the

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commission of any felony or Class A misdemeanor. The
State's Attorney of each county may report to the
Disciplinary Board through a verified complaint any
instance in which the State's Attorney believes that a
physician has willfully violated the notice requirements
of the Parental Notice of Abortion Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Disciplinary
Board any instance arising in connection with the
operations of such agency, including the administration of
any law by such agency, in which a person licensed under
this Act has either committed an act or acts which may be a
violation of this Act or which may constitute
unprofessional conduct related directly to patient care or
which indicates that a person licensed under this Act may
be mentally or physically disabled in such a manner as to
endanger patients under that person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. Unless otherwise provided in this Section, the
The reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the

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person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Disciplinary Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Disciplinary
Board.
When the Department has received written reports

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concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to in any way,
waive or modify the confidentiality of medical reports and
committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a federal,
State, or local law enforcement agency pursuant to a subpoena
in an ongoing criminal investigation or to a health care
licensing body or medical licensing authority of this State or
another state or jurisdiction pursuant to an official request
made by that licensing body or medical licensing authority.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a criminal
offense, or, in the case of disclosure to a health care
licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard

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to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department only
for investigation and disciplinary action regarding the
license of a health care institution licensed by the Department
of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting to
the Disciplinary Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Disciplinary Board or a peer review committee, or by serving as
a member of the Disciplinary Board or a peer review committee,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary Board,
the Medical Coordinators, the Disciplinary Board's attorneys,
the medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Disciplinary Board, done in good faith
and not wilful and wanton in nature. The Attorney General shall

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defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Disciplinary Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Disciplinary Board. Upon the receipt
of any report called for by this Act, other than those reports
of impaired persons licensed under this Act required pursuant
to the rules of the Disciplinary Board, the Disciplinary Board
shall notify in writing, by certified mail, the person who is
the subject of the report. Such notification shall be made
within 30 days of receipt by the Disciplinary Board of the
report.

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The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Disciplinary Board of the
existence of the original report.
The Disciplinary Board shall review all reports received by
it, together with any supporting information and responding
statements submitted by persons who are the subject of reports.
The review by the Disciplinary Board shall be in a timely
manner but in no event, shall the Disciplinary Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Disciplinary Board.
When the Disciplinary Board makes its initial review of the
materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as

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to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Disciplinary
Board's decision or request further investigation. The
Secretary shall inform the Board in writing of the decision to
request further investigation, including the specific reasons
for the decision. The individual or entity filing the original
report or complaint and the person who is the subject of the
report or complaint shall be notified in writing by the
Secretary of any final action on their report or complaint. The
Department shall disclose to the individual or entity who filed
the original report or complaint, on request, the status of the
Disciplinary Board's review of a specific report or complaint.
Such request may be made at any time, including prior to the
Disciplinary Board's determination as to whether there are
sufficient facts to warrant further investigation or action.
(F) Summary reports. The Disciplinary Board shall prepare,
on a timely basis, but in no event less than once every other
month, a summary report of final disciplinary actions taken

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upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's Internet website. Information or documentation
relating to any disciplinary file that is closed without
disciplinary action taken shall not be disclosed and shall be
afforded the same status as is provided by Part 21 of Article
VIII of the Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or for
an order enforcing compliance with this Section. Upon filing of
a verified petition in such court, the court may issue a
temporary restraining order without notice or bond and may
preliminarily or permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this paragraph shall be in addition
to, and not in lieu of, all other remedies and penalties
provided for by this Section.
(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12.)

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(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 24. Report of violations; medical associations. Any
physician licensed under this Act, the Illinois State Medical
Society, the Illinois Association of Osteopathic Physicians
and Surgeons, the Illinois Chiropractic Society, the Illinois
Prairie State Chiropractic Association, or any component
societies of any of these 4 groups, and any other person, may
report to the Disciplinary Board any information the physician,
association, society, or person may have that appears to show
that a physician is or may be in violation of any of the
provisions of Section 22 of this Act.
The Department may enter into agreements with the Illinois
State Medical Society, the Illinois Association of Osteopathic
Physicians and Surgeons, the Illinois Prairie State
Chiropractic Association, or the Illinois Chiropractic Society
to allow these organizations to assist the Disciplinary Board
in the review of alleged violations of this Act. Subject to the
approval of the Department, any organization party to such an
agreement may subcontract with other individuals or
organizations to assist in review.
Any physician, association, society, or person
participating in good faith in the making of a report under
this Act or participating in or assisting with an investigation

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or review under this Act shall have immunity from any civil,
criminal, or other liability that might result by reason of
those actions.
The medical information in the custody of an entity under
contract with the Department participating in an investigation
or review shall be privileged and confidential to the same
extent as are information and reports under the provisions of
Part 21 of Article VIII of the Code of Civil Procedure.
Upon request by the Department after a mandatory report has
been filed with the Department, an attorney for any party
seeking to recover damages for injuries or death by reason of
medical, hospital, or other healing art malpractice shall
provide patient records related to the physician involved in
the disciplinary proceeding to the Department within 30 days of
the Department's request for use by the Department in any
disciplinary matter under this Act. An attorney who provides
patient records to the Department in accordance with this
requirement shall not be deemed to have violated any
attorney-client privilege. Notwithstanding any other provision
of law, consent by a patient shall not be required for the
provision of patient records in accordance with this
requirement.
For the purpose of any civil or criminal proceedings, the
good faith of any physician, association, society or person
shall be presumed. The Disciplinary Board may request the
Illinois State Medical Society, the Illinois Association of

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Osteopathic Physicians and Surgeons, the Illinois Prairie
State Chiropractic Association, or the Illinois Chiropractic
Society to assist the Disciplinary Board in preparing for or
conducting any medical competency examination as the Board may
deem appropriate.
(Source: P.A. 94-677, eff. 8-25-05.)
(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
(Section scheduled to be repealed on November 30, 2011)
Sec. 25. The Secretary Director of the Department may, upon
receipt of a written communication from the Secretary of Human
Services, the Director of Healthcare and Family Services
(formerly Director of Public Aid), or the Director of Public
Health that continuation of practice of a person licensed under
this Act constitutes an immediate danger to the public, and
after consultation with the Chief Medical Coordinator or Deputy
Medical Coordinator, immediately suspend the license of such
person without a hearing. In instances in which the Secretary
Director immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Disciplinary Board within 15 days after such suspension and
completed without appreciable delay. Such hearing is to be held
to determine whether to recommend to the Secretary Director
that the person's license be revoked, suspended, placed on
probationary status or reinstated, or whether such person
should be subject to other disciplinary action. In the hearing,

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the written communication and any other evidence submitted
therewith may be introduced as evidence against such person;
provided however, the person, or their counsel, shall have the
opportunity to discredit, impeach and submit evidence
rebutting such evidence.
(Source: P.A. 95-331, eff. 8-21-07.)
(225 ILCS 60/26) (from Ch. 111, par. 4400-26)
(Section scheduled to be repealed on November 30, 2011)
Sec. 26. Advertising.
(1) Any person licensed under this Act may advertise the
availability of professional services in the public media or on
the premises where such professional services are rendered.
Such advertising shall be limited to the following information:
(a) Publication of the person's name, title, office
hours, address and telephone number;
(b) Information pertaining to the person's areas of
specialization, including appropriate board certification
or limitation of professional practice;
(c) Information on usual and customary fees for routine
professional services offered, which information shall
include, notification that fees may be adjusted due to
complications or unforeseen circumstances;
(d) Announcement of the opening of, change of, absence
from, or return to business;
(e) Announcement of additions to or deletions from

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professional licensed staff;
(f) The issuance of business or appointment cards.
(2) It is unlawful for any person licensed under this Act
to use testimonials or claims of superior quality of care to
entice the public. It shall be unlawful to advertise fee
comparisons of available services with those of other persons
licensed under this Act.
(3) This Act does not authorize the advertising of
professional services which the offeror of such services is not
licensed to render. Nor shall the advertiser use statements
which contain false, fraudulent, deceptive or misleading
material or guarantees of success, statements which play upon
the vanity or fears of the public, or statements which promote
or produce unfair competition.
(4) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(Source: P.A. 91-310, eff. 1-1-00.)
(225 ILCS 60/33) (from Ch. 111, par. 4400-33)
(Section scheduled to be repealed on November 30, 2011)
Sec. 33. Any person licensed under this Act to practice
medicine in all of its branches shall be authorized to purchase
legend drugs requiring an order of a person authorized to
prescribe drugs, and to dispense such legend drugs in the

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regular course of practicing medicine. The dispensing of such
legend drugs shall be the personal act of the person licensed
under this Act and may not be delegated to any other person not
licensed under this Act or the Pharmacy Practice Act unless
such delegated dispensing functions are under the direct
supervision of the physician authorized to dispense legend
drugs. Except when dispensing manufacturers' samples or other
legend drugs in a maximum 72 hour supply, persons licensed
under this Act shall maintain a book or file of prescriptions
as required in the Pharmacy Practice Act. Any person licensed
under this Act who dispenses any drug or medicine shall
dispense such drug or medicine in good faith and shall affix to
the box, bottle, vessel or package containing the same a label
indicating (a) the date on which such drug or medicine is
dispensed; (b) the name of the patient; (c) the last name of
the person dispensing such drug or medicine; (d) the directions
for use thereof; and (e) the proprietary name or names or, if
there are none, the established name or names of the drug or
medicine, the dosage and quantity, except as otherwise
authorized by regulation of the Department of Professional
Regulation. The foregoing labeling requirements shall not
apply to drugs or medicines in a package which bears a label of
the manufacturer containing information describing its
contents which is in compliance with requirements of the
Federal Food, Drug, and Cosmetic Act and the Illinois Food,
Drug, and Cosmetic Act. "Drug" and "medicine" have the meaning

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ascribed to them in the Pharmacy Practice Act, as now or
hereafter amended; "good faith" has the meaning ascribed to it
in subsection (v) of Section 102 of the "Illinois Controlled
Substances Act", approved August 16, 1971, as amended.
Prior to dispensing a prescription to a patient, the
physician shall offer a written prescription to the patient
which the patient may elect to have filled by the physician or
any licensed pharmacy.
A violation of any provision of this Section shall
constitute a violation of this Act and shall be grounds for
disciplinary action provided for in this Act.
Nothing in this Section shall be construed to authorize a
chiropractic physician to prescribe drugs.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
(Section scheduled to be repealed on November 30, 2011)
Sec. 35. The Secretary Director shall have the authority to
appoint an attorney duly licensed to practice law in the State
of Illinois to serve as the hearing officer in any action to
suspend, revoke, place on probationary status, or take any
other disciplinary action with regard to a license. The hearing
officer shall have full authority to conduct the hearing. The
hearing officer shall report his findings and recommendations
to the Disciplinary Board within 30 days of the receipt of the
record. The Disciplinary Board shall have 60 days from receipt

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of the report to review the report of the hearing officer and
present their findings of fact, conclusions of law and
recommendations to the Secretary Director.
(Source: P.A. 85-4.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on November 30, 2011)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional, and by P.A. 96-1372,
which amended language added by P.A. 94-677)
Sec. 36. Upon the motion of either the Department or the
Disciplinary Board or upon the verified complaint in writing of
any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions of
any person, so accused, who holds or represents that they hold
a license. Such person is hereinafter called the accused.
The Department shall, before suspending, revoking, placing
on probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license at
least 30 days prior to the date set for the hearing, notify the
accused in writing of any charges made and the time and place
for a hearing of the charges before the Disciplinary Board,
direct them to file their written answer thereto to the
Disciplinary Board under oath within 20 days after the service
on them of such notice and inform them that if they fail to

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file such answer default will be taken against them and their
license may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting
the scope, nature or extent of their practice, as the
Department may deem proper taken with regard thereto. The
Department shall, at least 14 days prior to the date set for
the hearing, notify in writing any person who filed a complaint
against the accused of the time and place for the hearing of
the charges against the accused before the Disciplinary Board
and inform such person whether he or she may provide testimony
at the hearing.
Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a wilful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in
Illinois.
Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same, personally,
to the accused person, or by mailing the same by registered or
certified mail to the accused person's address of record the
address last theretofore specified by the accused in their last
notification to the Department.
All information gathered by the Department during its
investigation including information subpoenaed under Section

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23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure, except that the Department
may disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense or,
in the case of disclosure to a health care licensing body, only
for investigations and disciplinary action proceedings with
regard to a license issued by that licensing body.
(Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12.)
(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
(Section scheduled to be repealed on November 30, 2011)
Sec. 37. At the time and place fixed in the notice, the
Disciplinary Board provided for in this Act shall proceed to

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hear the charges, and both the accused person and the
complainant shall be accorded ample opportunity to present in
person, or by counsel, such statements, testimony, evidence and
argument as may be pertinent to the charges or to any defense
thereto. The Disciplinary Board may continue such hearing from
time to time. If the Disciplinary Board is not sitting at the
time and place fixed in the notice or at the time and place to
which the hearing has been continued, the Department shall
continue such hearing for a period not to exceed 30 days.
In case the accused person, after receiving notice, fails
to file an answer, their license may, in the discretion of the
Secretary Director, having received first the recommendation
of the Disciplinary Board, be suspended, revoked or placed on
probationary status, or the Secretary Director may take
whatever disciplinary action as he or she may deem proper,
including limiting the scope, nature, or extent of said
person's practice, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
The Disciplinary Board has the authority to recommend to
the Secretary Director that probation be granted or that other
disciplinary or non-disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken as it deems proper. If disciplinary or
non-disciplinary action, other than suspension or revocation,
is taken the Disciplinary Board may recommend that the

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Secretary Director impose reasonable limitations and
requirements upon the accused registrant to insure compliance
with the terms of the probation or other disciplinary action
including, but not limited to, regular reporting by the accused
to the Department of their actions, placing themselves under
the care of a qualified physician for treatment, or limiting
their practice in such manner as the Secretary Director may
require.
The Secretary Director, after consultation with the Chief
Medical Coordinator or Deputy Medical Coordinator, may
temporarily suspend the license of a physician without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Section if the Secretary
Director finds that evidence in his or her possession indicates
that a physician's continuation in practice would constitute an
immediate danger to the public. In the event that the Secretary
Director suspends, temporarily, the license of a physician
without a hearing, a hearing by the Disciplinary Board shall be
held within 15 days after such suspension has occurred and
shall be concluded without appreciable delay.
(Source: P.A. 85-4.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on November 30, 2011)
Sec. 38. The Disciplinary Board or Department has power to
subpoena and bring before it any person in this State and to

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take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as is
prescribed by law for judicial procedure in civil cases.
The Disciplinary Board, upon a determination that probable
cause exists that a violation of one or more of the grounds for
discipline listed in Section 22 has occurred or is occurring,
may subpoena the medical and hospital records of individual
patients of physicians licensed under this Act, provided, that
prior to the submission of such records to the Disciplinary
Board, all information indicating the identity of the patient
shall be removed and deleted. Notwithstanding the foregoing,
the Disciplinary Board and Department shall possess the power
to subpoena copies of hospital or medical records in mandatory
report cases under Section 23 alleging death or permanent
bodily injury when consent to obtain records is not provided by
a patient or legal representative. Prior to submission of the
records to the Disciplinary Board, all information indicating
the identity of the patient shall be removed and deleted. All
medical records and other information received pursuant to
subpoena shall be confidential and shall be afforded the same
status as is proved information concerning medical studies in
Part 21 of Article VIII of the Code of Civil Procedure. The use
of such records shall be restricted to members of the
Disciplinary Board, the medical coordinators, and appropriate
staff of the Department of Professional Regulation designated
by the Disciplinary Board for the purpose of determining the

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existence of one or more grounds for discipline of the
physician as provided for by Section 22 of this Act. Any such
review of individual patients' records shall be conducted by
the Disciplinary Board in strict confidentiality, provided
that such patient records shall be admissible in a disciplinary
hearing, before the Disciplinary Board, when necessary to
substantiate the grounds for discipline alleged against the
physician licensed under this Act, and provided further, that
nothing herein shall be deemed to supersede the provisions of
Part 21 of Article VIII of the "Code of Civil Procedure", as
now or hereafter amended, to the extent applicable.
The Secretary Director, and any member of the Disciplinary
Board each have power to administer oaths at any hearing which
the Disciplinary Board or Department is authorized by law to
conduct.
The Disciplinary Board, upon a determination that probable
cause exists that a violation of one or more of the grounds for
discipline listed in Section 22 has occurred or is occurring on
the business premises of a physician licensed under this Act,
may issue an order authorizing an appropriately qualified
investigator employed by the Department to enter upon the
business premises with due consideration for patient care of
the subject of the investigation so as to inspect the physical
premises and equipment and furnishings therein. No such order
shall include the right of inspection of business, medical, or
personnel records located on the premises. For purposes of this

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Section, "business premises" is defined as the office or
offices where the physician conducts the practice of medicine.
Any such order shall expire and become void five business days
after its issuance by the Disciplinary Board. The execution of
any such order shall be valid only during the normal business
hours of the facility or office to be inspected.
(Source: P.A. 90-699, eff. 1-1-99.)
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
(Section scheduled to be repealed on November 30, 2011)
Sec. 40. The Disciplinary Board shall present to the
Secretary Director a written report of its findings and
recommendations. A copy of such report shall be served upon the
accused person, either personally or by registered or certified
mail. Within 20 days after such service, the accused person may
present to the Department their motion, in writing, for a
rehearing, which written motion shall specify the particular
ground therefor. If the accused person orders and pays for a
transcript of the record as provided in Section 39, the time
elapsing thereafter and before such transcript is ready for
delivery to them shall not be counted as part of such 20 days.
At the expiration of the time allowed for filing a motion
for rehearing, the Secretary Director may take the action
recommended by the Disciplinary Board. Upon the suspension,
revocation, placement on probationary status, or the taking of
any other disciplinary action, including the limiting of the

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scope, nature, or extent of one's practice, deemed proper by
the Department, with regard to the license, certificate or
visiting professor permit, the accused shall surrender their
license to the Department, if ordered to do so by the
Department, and upon their failure or refusal so to do, the
Department may seize the same.
Each certificate of order of revocation, suspension, or
other disciplinary action shall contain a brief, concise
statement of the ground or grounds upon which the Department's
action is based, as well as the specific terms and conditions
of such action. This document shall be retained as a permanent
record by the Disciplinary Board and the Secretary Director.
The Department shall at least annually publish a list of
the names of all persons disciplined under this Act in the
preceding 12 months. Such lists shall be available mailed by
the Department on its website to any person in the State upon
request.
In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a physician's physical illness, including, but not
limited to, deterioration through the aging process, or loss of
motor skill which results in a physician's inability to
practice medicine with reasonable judgment, skill, or safety,
the Department shall only permit this document, and the record
of the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.

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(Source: P.A. 85-4.)
(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
(Section scheduled to be repealed on November 30, 2011)
Sec. 41. Administrative review; certification of record.
All final administrative decisions of the Department are
subject to judicial review pursuant to the Administrative
Review Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
The Department shall not be required to certify any record
to the court, to or file an any answer in court, or to
otherwise appear in any court in a judicial review proceeding,
unless and until there is filed in the court, with the
complaint, a receipt from the Department has received from the
plaintiff acknowledging payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Department computed at the rate of 20 cents per page of the
record. Exhibits shall be certified without cost. Failure on
the part of the plaintiff to file a receipt in court shall be
grounds for dismissal of the action. During the pendency and
hearing of any and all judicial proceedings incident to the
disciplinary action the sanctions imposed upon the accused by

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the Department because of acts or omissions related to the
delivery of direct patient care as specified in the
Department's final administrative decision, shall as a matter
of public policy remain in full force and effect in order to
protect the public pending final resolution of any of the
proceedings.
(Source: P.A. 87-1031; 88-184.)
(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
(Section scheduled to be repealed on November 30, 2011)
Sec. 42. An order of revocation, suspension, placing the
license on probationary status, or other formal disciplinary
action as the Department may deem proper, or a certified copy
thereof, over the seal of the Department and purporting to be
signed by the Secretary Director, is prima facie proof that:
(a) Such signature is the genuine signature of the
Secretary Director;
(b) The Secretary Director is duly appointed and qualified;
and
(c) The Disciplinary Board and the members thereof are
qualified.
Such proof may be rebutted.
(Source: P.A. 85-4.)
(225 ILCS 60/43) (from Ch. 111, par. 4400-43)
(Section scheduled to be repealed on November 30, 2011)

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Sec. 43. Restoration of license from discipline. At any
time after the successful completion of a term of probation,
suspension, or revocation of a license, the Department may
restore the license to the licensee, unless after an
investigation and a hearing, the Secretary determines that
restoration is not in the public interest. No person or entity
whose license or permit has been revoked as authorized in this
Act may apply for restoration of that license or permit until
such time as provided for in the Civil Administrative Code of
Illinois. At any time after the suspension, revocation, placing
on probationary status, or taking disciplinary action with
regard to any license, the Department may restore it to the
accused person, or take any other action to reinstate the
license to good standing, without examination, upon the written
recommendation of the Disciplinary Board.
(Source: P.A. 85-4.)
(225 ILCS 60/44) (from Ch. 111, par. 4400-44)
(Section scheduled to be repealed on November 30, 2011)
Sec. 44. None of the disciplinary functions, powers and
duties enumerated in this Act shall be exercised by the
Department except upon the action and report in writing of the
Disciplinary Board.
In all instances, under this Act, in which the Disciplinary
Board has rendered a recommendation to the Secretary Director
with respect to a particular physician, the Secretary Director

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shall, in the event that he or she disagrees with or takes
action contrary to the recommendation of the Disciplinary
Board, file with the Disciplinary Board and the Secretary of
State his or her specific written reasons of disagreement with
the Disciplinary Board. Such reasons shall be filed within 30
days of the occurrence of the Secretary's Director's contrary
position having been taken.
The action and report in writing of a majority of the
Disciplinary Board designated is sufficient authority upon
which the Secretary Director may act.
Whenever the Secretary Director is satisfied that
substantial justice has not been done either in an examination,
or in a formal disciplinary action, or refusal to restore a
license, he or she may order a reexamination or rehearing by
the same or other examiners.
(Source: P.A. 85-4.)
(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
(Section scheduled to be repealed on November 30, 2011)
Sec. 47. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for

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retention, continuation or renewal of the license is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed to the last
known address of record of a party.
(Source: P.A. 88-45.)
(225 ILCS 60/54) (from Ch. 111, par. 4400-54)
(Section scheduled to be repealed on November 30, 2011)
Sec. 54. A person who holds himself or herself out to treat
human ailments under a name other than his or her own, or by
personation of any physician, shall be punished as provided in
Section 59.
However, nothing in this Act shall be construed as
prohibiting partnerships, limited liability companies,
associations, or corporations in accordance with subsection
(c) item (14) of subsection (A) of Section 22.2 22 of this Act.
(Source: P.A. 89-702, eff. 7-1-97.)
(225 ILCS 60/54.2)
(Section scheduled to be repealed on November 30, 2011)
Sec. 54.2. Physician delegation of authority.
(a) Nothing in this Act shall be construed to limit the
delegation of patient care tasks or duties by a physician, to a
licensed practical nurse, a registered professional nurse, or
other licensed person practicing within the scope of his or her

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individual licensing Act. Delegation by a physician licensed to
practice medicine in all its branches to physician assistants
or advanced practice nurses is also addressed in Section 54.5
of this Act. No physician may delegate any patient care task or
duty that is statutorily or by rule mandated to be performed by
a physician.
(b) In an office or practice setting and within a
physician-patient relationship, a physician may delegate
patient care tasks or duties to an unlicensed person who
possesses appropriate training and experience provided a
health care professional, who is practicing within the scope of
such licensed professional's individual licensing Act, is on
site to provide assistance.
(c) Any such patient care task or duty delegated to a
licensed or unlicensed person must be within the scope of
practice, education, training, or experience of the delegating
physician and within the context of a physician-patient
relationship.
(d) Nothing in this Section shall be construed to affect
referrals for professional services required by law.
(e) The Department shall have the authority to promulgate
rules concerning a physician's delegation, including but not
limited to, the use of light emitting devices for patient care
or treatment.
(f) Nothing in this Act shall be construed to limit the
method of delegation that may be authorized by any means,

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including, but not limited to, oral, written, electronic,
standing orders, protocols, guidelines, or verbal orders.
(Source: P.A. 96-618, eff. 1-1-10.)
(225 ILCS 60/59) (from Ch. 111, par. 4400-59)
(Section scheduled to be repealed on November 30, 2011)
Sec. 59. Any person who violates for the first time Section
49, 50, 51, 52, 53, 54, 55, or 56 of this Act is guilty of a
Class 4 felony. Any person who violates for the first time
Section 27 of this Act is guilty of a Class A misdemeanor.
Any person who has been previously convicted under Section
49, 50, 51, 52, 53, 54, 55, or 56 of this Act and who
subsequently violates any of the Sections is guilty of a Class
3 felony. Any person who has been previously convicted under
Section 27 of this Act and who subsequently violates Section 27
is guilty of a Class 4 felony. In addition, whenever any person
is punished as a repeat offender under this Section, the
Secretary Director of the Department shall proceed to obtain a
permanent injunction against such person under Section 61 of
this Act.
(Source: P.A. 85-4.)
(225 ILCS 60/61) (from Ch. 111, par. 4400-61)
(Section scheduled to be repealed on November 30, 2011)
Sec. 61. The practice of medicine in all of its branches or
the treatment of human ailments without the use of drugs and

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without operative surgery by any person not at that time
holding a valid and current license under this Act to do so is
hereby declared to be inimical to the public welfare and to
constitute a public nuisance. The Secretary Director of the
Department, the Attorney General of the State of Illinois, the
State's Attorney of any County in the State, or any resident
citizen may maintain an action in the name of the people of the
State of Illinois, may apply for an injunction in the circuit
court to enjoin any such person from engaging in such practice;
and, upon the filing of a verified petition in such court, the
court or any judge thereof, if satisfied by affidavit, or
otherwise, that such person has been engaged in such practice
without a valid and current license to do so, may issue a
temporary restraining order or preliminary injunction without
notice or bond, enjoining the defendant from any such further
practice. A copy of the verified complaint shall be served upon
the defendant and the proceedings shall thereafter be conducted
as in other civil cases. If it be established that the
defendant has been, or is engaged in any such unlawful
practice, the court, or any judge thereof, may enter an order
or judgment perpetually enjoining the defendant from further
engaging in such practice. In all proceedings hereunder the
court, in its discretion, may apportion the costs among the
parties interested in the suit, including cost of filing
complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorneys fees. In case of

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violation of any injunction entered under the provisions of
this Section, the court, or any judge thereof, may summarily
try and punish the offender for contempt of court. Such
injunction proceedings shall be in addition to, and not in lieu
of, all penalties and other remedies in this Act provided.
(Source: P.A. 85-4.)
(225 ILCS 60/32 rep.)
Section 25. The Medical Practice Act of 1987 is amended by
repealing Section 32.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.".