Bill Text: IL SB0708 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB0708 Detail]
Download: Illinois-2017-SB0708-Introduced.html
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning regulation.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Findings. The General Assembly finds that: | ||||||||||||||||||||||||
5 | (1) naturopathic medicine is not currently regulated | ||||||||||||||||||||||||
6 | in Illinois, and needs to be on the principles of freedom | ||||||||||||||||||||||||
7 | of choice in healthcare and consumer protection; | ||||||||||||||||||||||||
8 | (2) naturopathic physicians are trained alongside and | ||||||||||||||||||||||||
9 | at the same standard as chiropractic physicians in | ||||||||||||||||||||||||
10 | Illinois; | ||||||||||||||||||||||||
11 | (3) naturopathic medicine has a federally recognized | ||||||||||||||||||||||||
12 | accreditation agency, the Council on Naturopathic Medical | ||||||||||||||||||||||||
13 | Education, which makes identification of properly | ||||||||||||||||||||||||
14 | credentialed individuals simple and straightforward; | ||||||||||||||||||||||||
15 | (4) naturopathic medicine has a common licensing | ||||||||||||||||||||||||
16 | examination used across North America, the Naturopathic | ||||||||||||||||||||||||
17 | Physicians Licensing Examinations (NPLEX); and | ||||||||||||||||||||||||
18 | (5) citizens of Illinois are obtaining the credentials | ||||||||||||||||||||||||
19 | for naturopathic physicians but do not currently have a | ||||||||||||||||||||||||
20 | legislative framework that allows them to practice in the | ||||||||||||||||||||||||
21 | State.
| ||||||||||||||||||||||||
22 | Section 5. The Geriatric Medicine Assistance Act is amended | ||||||||||||||||||||||||
23 | by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 3945/2) (from Ch. 144, par. 2002)
| ||||||
2 | Sec. 2. There is created the Geriatric Medicine Assistance | ||||||
3 | Commission. The Commission shall receive and approve | ||||||
4 | applications for grants from schools,
recognized by the | ||||||
5 | Department of Professional Regulation as being authorized
to | ||||||
6 | confer doctor of medicine, doctor of osteopathy, doctor of | ||||||
7 | chiropractic , doctor of naturopathic medicine,
or registered | ||||||
8 | professional nursing degrees in the State, to help finance
the | ||||||
9 | establishment of geriatric medicine programs within such | ||||||
10 | schools. In
determining eligibility for grants, the Commission | ||||||
11 | shall give preference to
those programs which exhibit the | ||||||
12 | greatest potential for directly benefiting
the largest number | ||||||
13 | of elderly citizens in the State. The Commission may not
| ||||||
14 | approve the application of any institution which is unable to | ||||||
15 | demonstrate
its current financial stability and reasonable | ||||||
16 | prospects for future
stability. No institution which fails to | ||||||
17 | possess and maintain an open
policy with respect to race, | ||||||
18 | creed, color and sex as to admission of
students, appointment | ||||||
19 | of faculty and employment of staff shall be eligible
for grants | ||||||
20 | under this Act. The Commission shall establish such rules and
| ||||||
21 | standards as it deems necessary for the implementation of this | ||||||
22 | Act.
| ||||||
23 | The Commission shall be composed of 8 members selected as | ||||||
24 | follows: 2
physicians licensed to practice under the Medical | ||||||
25 | Practice Act of 1987
and specializing in geriatric medicine; a |
| |||||||
| |||||||
1 | registered professional nurse
licensed under the Nurse | ||||||
2 | Practice Act and specializing in
geriatric health care; 2 | ||||||
3 | representatives of organizations
interested in geriatric
| ||||||
4 | medicine or the care of the elderly; and 3 individuals 60 or | ||||||
5 | older who are
interested in geriatric health care or the care | ||||||
6 | of the
elderly. The members of
the Commission shall be selected | ||||||
7 | by the Governor from a list
of recommendations submitted to him | ||||||
8 | by organizations concerned with geriatric
medicine or the care | ||||||
9 | of the elderly.
| ||||||
10 | The terms of the members of the Commission shall be 4 | ||||||
11 | years, except that
of the members initially appointed, 2 shall | ||||||
12 | be designated to serve until
January 1, 1986, 3 until January | ||||||
13 | 1, 1988, and 2 until January 1, 1990.
Members of the Commission | ||||||
14 | shall receive no compensation, but shall be
reimbursed for | ||||||
15 | actual expenses incurred in carrying out their duties.
| ||||||
16 | (Source: P.A. 95-639, eff. 10-5-07.)
| ||||||
17 | Section 10. The School Code is amended by changing Sections | ||||||
18 | 24-6 and 26-1 as follows:
| ||||||
19 | (105 ILCS 5/24-6)
| ||||||
20 | Sec. 24-6. Sick leave. The school boards of all school | ||||||
21 | districts, including special charter
districts, but not | ||||||
22 | including school districts in municipalities of 500,000
or | ||||||
23 | more, shall grant their full-time teachers, and also shall | ||||||
24 | grant
such of their other employees as are eligible to |
| |||||||
| |||||||
1 | participate in the
Illinois Municipal Retirement Fund under the | ||||||
2 | "600-Hour Standard"
established, or under such other | ||||||
3 | eligibility participation standard as may
from time to time be | ||||||
4 | established, by rules and regulations now or hereafter
| ||||||
5 | promulgated by the Board of that Fund under Section 7-198 of | ||||||
6 | the Illinois
Pension Code, as now or hereafter amended, sick | ||||||
7 | leave
provisions not less in amount than 10 days at full pay in | ||||||
8 | each school year.
If any such teacher or employee does not use | ||||||
9 | the full amount of annual leave
thus allowed, the unused amount | ||||||
10 | shall be allowed to accumulate to a minimum
available leave of | ||||||
11 | 180 days at full pay, including the leave of the current
year. | ||||||
12 | Sick leave shall be interpreted to mean personal illness, | ||||||
13 | quarantine
at home, serious illness or death in the immediate | ||||||
14 | family or household, or
birth, adoption, or placement for | ||||||
15 | adoption.
The school board may require a certificate from a | ||||||
16 | physician licensed in Illinois to practice medicine and surgery | ||||||
17 | in all its branches, a chiropractic physician or naturopathic | ||||||
18 | physician licensed under the Medical Practice Act of 1987, a | ||||||
19 | licensed advanced practice nurse, a licensed physician | ||||||
20 | assistant, or, if the treatment
is by prayer or spiritual | ||||||
21 | means, a spiritual adviser or
practitioner of the teacher's or | ||||||
22 | employee's faith as a basis for pay during leave after
an | ||||||
23 | absence of 3 days for personal illness or 30 days for birth or | ||||||
24 | as the school board may deem necessary in
other cases. If the | ||||||
25 | school board does require a
certificate
as a basis for pay | ||||||
26 | during leave of
less than 3 days for personal illness, the |
| |||||||
| |||||||
1 | school board shall pay, from school funds, the
expenses | ||||||
2 | incurred by the teachers or other employees in obtaining the | ||||||
3 | certificate. For paid leave for adoption or placement for | ||||||
4 | adoption, the school board may require that the teacher or | ||||||
5 | other employee provide evidence that the formal adoption | ||||||
6 | process is underway, and such leave is limited to 30 days | ||||||
7 | unless a longer leave has been negotiated with the exclusive | ||||||
8 | bargaining representative.
| ||||||
9 | If, by reason of any change in the boundaries of school | ||||||
10 | districts, or by
reason of the creation of a new school | ||||||
11 | district, the employment of a
teacher is transferred to a new | ||||||
12 | or different board, the accumulated sick
leave of such teacher | ||||||
13 | is not thereby lost, but is transferred to such new
or | ||||||
14 | different district.
| ||||||
15 | For purposes of this Section, "immediate family" shall | ||||||
16 | include parents,
spouse, brothers, sisters, children, | ||||||
17 | grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||||||
18 | sisters-in-law, and legal guardians.
| ||||||
19 | (Source: P.A. 99-173, eff. 7-29-15.)
| ||||||
20 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
| ||||||
21 | Sec. 26-1. Compulsory school age-Exemptions. Whoever has | ||||||
22 | custody or control of any child (i) between the ages of 7 and | ||||||
23 | 17
years (unless the child has already graduated from high | ||||||
24 | school) for school years before the 2014-2015 school year or | ||||||
25 | (ii) between the ages
of 6 (on or before September 1) and 17 |
| |||||||
| |||||||
1 | years (unless the child has already graduated from high school) | ||||||
2 | beginning with the 2014-2015 school year
shall cause such child | ||||||
3 | to attend some public school in the district
wherein the child | ||||||
4 | resides the entire time it is in session during the
regular | ||||||
5 | school term, except as provided in Section 10-19.1, and during | ||||||
6 | a
required summer school program established under Section | ||||||
7 | 10-22.33B; provided,
that
the following children shall not be | ||||||
8 | required to attend the public schools:
| ||||||
9 | 1. Any child attending a private or a parochial school | ||||||
10 | where children
are taught the branches of education taught | ||||||
11 | to children of corresponding
age and grade in the public | ||||||
12 | schools, and where the instruction of the child
in the | ||||||
13 | branches of education is in the English language;
| ||||||
14 | 2. Any child who is physically or mentally unable to | ||||||
15 | attend school, such
disability being certified to the | ||||||
16 | county or district truant officer by a
competent physician | ||||||
17 | licensed in Illinois to practice medicine and surgery in | ||||||
18 | all its branches, a chiropractic physician or naturopathic | ||||||
19 | physician licensed under the Medical Practice Act of 1987, | ||||||
20 | a licensed advanced practice nurse, a licensed physician | ||||||
21 | assistant, or a Christian Science practitioner residing in | ||||||
22 | this
State and listed in the Christian Science Journal; or | ||||||
23 | who is excused for
temporary absence for cause by
the | ||||||
24 | principal or teacher of the school which the child attends; | ||||||
25 | the exemptions
in this paragraph (2) do not apply to any | ||||||
26 | female who is pregnant or the
mother of one or more |
| |||||||
| |||||||
1 | children, except where a female is unable to attend
school | ||||||
2 | due to a complication arising from her pregnancy and the | ||||||
3 | existence
of such complication is certified to the county | ||||||
4 | or district truant officer
by a competent physician;
| ||||||
5 | 3. Any child necessarily and lawfully employed | ||||||
6 | according to the
provisions of the law regulating child | ||||||
7 | labor may be excused from attendance
at school by the | ||||||
8 | county superintendent of schools or the superintendent of
| ||||||
9 | the public school which the child should be attending, on | ||||||
10 | certification of
the facts by and the recommendation of the | ||||||
11 | school board of the public
school district in which the | ||||||
12 | child resides. In districts having part time
continuation | ||||||
13 | schools, children so excused shall attend such schools at
| ||||||
14 | least 8 hours each week;
| ||||||
15 | 4. Any child over 12 and under 14 years of age while in | ||||||
16 | attendance at
confirmation classes;
| ||||||
17 | 5. Any child absent from a public school on a | ||||||
18 | particular day or days
or at a particular time of day for | ||||||
19 | the reason that he is unable to attend
classes or to | ||||||
20 | participate in any examination, study or work requirements | ||||||
21 | on
a particular day or days or at a particular time of day, | ||||||
22 | because the tenets
of his religion forbid secular activity | ||||||
23 | on a particular day or days or at a
particular time of day. | ||||||
24 | Each school board shall prescribe rules and
regulations | ||||||
25 | relative to absences for religious holidays including, but | ||||||
26 | not
limited to, a list of religious holidays on which it |
| |||||||
| |||||||
1 | shall be mandatory to
excuse a child; but nothing in this | ||||||
2 | paragraph 5 shall be construed to limit
the right of any | ||||||
3 | school board, at its discretion, to excuse an absence on
| ||||||
4 | any other day by reason of the observance of a religious | ||||||
5 | holiday. A school
board may require the parent or guardian | ||||||
6 | of a child who is to be excused
from attending school due | ||||||
7 | to the observance of a religious holiday to give
notice, | ||||||
8 | not exceeding 5 days, of the child's absence to the school
| ||||||
9 | principal or other school personnel. Any child excused from | ||||||
10 | attending
school under this paragraph 5 shall not be | ||||||
11 | required to submit a written
excuse for such absence after | ||||||
12 | returning to school; | ||||||
13 | 6. Any child 16 years of age or older who (i) submits | ||||||
14 | to a school district evidence of necessary and lawful | ||||||
15 | employment pursuant to paragraph 3 of this Section and (ii) | ||||||
16 | is enrolled in a graduation incentives program pursuant to | ||||||
17 | Section 26-16 of this Code or an alternative learning | ||||||
18 | opportunities program established pursuant to Article 13B | ||||||
19 | of this Code; and
| ||||||
20 | 7. A child in any of grades 6 through 12 absent from a | ||||||
21 | public school on a particular day or days or at a | ||||||
22 | particular time of day for the purpose of sounding "Taps" | ||||||
23 | at a military honors funeral held in this State for a | ||||||
24 | deceased veteran. In order to be excused under this | ||||||
25 | paragraph 7, the student shall notify the school's | ||||||
26 | administration at least 2 days prior to the date of the |
| |||||||
| |||||||
1 | absence and shall provide the school's administration with | ||||||
2 | the date, time, and location of the military
honors | ||||||
3 | funeral. The school's administration may waive this 2-day | ||||||
4 | notification requirement if the student did not receive at | ||||||
5 | least 2 days advance notice, but the student shall notify | ||||||
6 | the school's administration as soon as possible of the | ||||||
7 | absence. A student whose absence is excused under this | ||||||
8 | paragraph 7 shall be counted as if the student attended | ||||||
9 | school for purposes of calculating the average daily | ||||||
10 | attendance of students in the school district. A student | ||||||
11 | whose absence is excused under this paragraph 7 must be | ||||||
12 | allowed a reasonable time to make up school work missed | ||||||
13 | during the absence. If the student satisfactorily | ||||||
14 | completes the school work, the day of absence shall be | ||||||
15 | counted as a day of compulsory attendance and he or she may | ||||||
16 | not be penalized for that absence. | ||||||
17 | (Source: P.A. 98-544, eff. 7-1-14; 99-173, eff. 7-29-15; | ||||||
18 | 99-804, eff. 1-1-17 .)
| ||||||
19 | Section 15. The Illinois Insurance Code is amended by | ||||||
20 | changing Section 122-1 as follows:
| ||||||
21 | (215 ILCS 5/122-1) (from Ch. 73, par. 734-1)
| ||||||
22 | Sec. 122-1. The authority and jurisdiction of Insurance | ||||||
23 | Department.
Notwithstanding any other provision of law, and | ||||||
24 | except as provided herein,
any person or other entity which |
| |||||||
| |||||||
1 | provides coverage in this State for medical,
surgical, | ||||||
2 | chiropractic, naturopathic, naprapathic, physical therapy, | ||||||
3 | speech pathology,
audiology, professional mental health, | ||||||
4 | dental, hospital, ophthalmologic, or
optometric expenses, | ||||||
5 | whether such coverage is by direct-payment, reimbursement,
or | ||||||
6 | otherwise, shall be presumed to be subject to the jurisdiction | ||||||
7 | of the
Department unless the person or other entity shows that | ||||||
8 | while providing such
coverage it is subject to the jurisdiction | ||||||
9 | of another agency of this State,
any subdivision of this State, | ||||||
10 | or the federal government, or is a plan of
self-insurance or | ||||||
11 | other employee welfare benefit program of an individual
| ||||||
12 | employer or labor union established or maintained under or | ||||||
13 | pursuant to a
collective bargaining agreement or other | ||||||
14 | arrangement which provides for
health care services solely for | ||||||
15 | its employees or members and their dependents.
| ||||||
16 | (Source: P.A. 90-7, eff. 6-10-97.)
| ||||||
17 | Section 20. The Medical Practice Act of 1987 is amended by | ||||||
18 | changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, | ||||||
19 | 22, 24, 33, and 34 as follows:
| ||||||
20 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
22 | Sec. 2. Definitions. For purposes of this Act, the
| ||||||
23 | following definitions shall have the following meanings,
| ||||||
24 | except where the context requires otherwise:
|
| |||||||
| |||||||
1 | "Act" means the Medical Practice Act of 1987.
| ||||||
2 | "Address of record" means the designated address recorded | ||||||
3 | by the Department in the applicant's or licensee's application | ||||||
4 | file or license file as maintained by the Department's | ||||||
5 | licensure maintenance unit. It is the duty of the applicant or | ||||||
6 | licensee to inform the Department of any change of address and | ||||||
7 | those changes must be made either through the Department's | ||||||
8 | website or by contacting the Department. | ||||||
9 | "Approved naturopathic medical program" means a | ||||||
10 | naturopathic medical education program accredited or granted | ||||||
11 | candidacy status by the United States Council on Naturopathic | ||||||
12 | Medical Education, or an equivalent federally recognized | ||||||
13 | accrediting body for the naturopathic medical profession | ||||||
14 | recognized by the Board, that offers graduate-level, | ||||||
15 | full-time, didactic, and supervised clinical training of at | ||||||
16 | least 4,200 hours in length leading to the degree of Doctor of | ||||||
17 | Naturopathy or Doctor of Naturopathic Medicine and is part of | ||||||
18 | an institution of higher education that is either accredited or | ||||||
19 | is a candidate for accreditation by a regional institutional | ||||||
20 | accrediting agency recognized by the United States Secretary of | ||||||
21 | Education or eligible for student loans in Canada. | ||||||
22 | "Chiropractic physician" means a person licensed to treat | ||||||
23 | human ailments without the use of drugs and without operative | ||||||
24 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
25 | chiropractic physician from providing advice regarding the use | ||||||
26 | of non-prescription products or from administering atmospheric |
| |||||||
| |||||||
1 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
2 | chiropractic physician to prescribe drugs. | ||||||
3 | "Department" means the Department of Financial and | ||||||
4 | Professional Regulation.
| ||||||
5 | "Disciplinary Action" means revocation,
suspension, | ||||||
6 | probation, supervision, practice modification,
reprimand, | ||||||
7 | required education, fines or any other action
taken by the | ||||||
8 | Department against a person holding a license.
| ||||||
9 | "Disciplinary Board" means the Medical Disciplinary
Board.
| ||||||
10 | "Final Determination" means the governing body's
final | ||||||
11 | action taken under the procedure followed by a health
care | ||||||
12 | institution, or professional association or society,
against | ||||||
13 | any person licensed under the Act in accordance with
the bylaws | ||||||
14 | or rules and regulations of such health care
institution, or | ||||||
15 | professional association or society.
| ||||||
16 | "Fund" means the Medical Disciplinary Fund.
| ||||||
17 | "Impaired" means the inability to practice
medicine with | ||||||
18 | reasonable skill and safety due to physical or
mental | ||||||
19 | disabilities as evidenced by a written determination
or written | ||||||
20 | consent based on clinical evidence including
deterioration | ||||||
21 | through the aging process or loss of motor
skill, or abuse of | ||||||
22 | drugs or alcohol, of sufficient degree to
diminish a person's | ||||||
23 | ability to deliver competent patient
care.
| ||||||
24 | "Licensing Board" means the Medical Licensing Board.
| ||||||
25 | "Naturopathic physician" means a practitioner of | ||||||
26 | naturopathic medicine who has been properly licensed for that |
| |||||||
| |||||||
1 | purpose by the Department under this Act. "Naturopathic | ||||||
2 | physician" includes all titles and designations associated | ||||||
3 | with the practice of naturopathic medicine, including, "doctor | ||||||
4 | of naturopathic medicine", "doctor of naturopathy", | ||||||
5 | "naturopathic doctor", "naturopath", "naturopathic medical | ||||||
6 | doctor", "N.D.", "ND", "N.M.D.", and "NMD". | ||||||
7 | "Physician" means a person licensed under the
Medical | ||||||
8 | Practice Act to practice medicine in all of its
branches , a | ||||||
9 | naturopathic physician, or a chiropractic physician.
| ||||||
10 | "Professional Association" means an association or
society | ||||||
11 | of persons licensed under this Act, and operating
within the | ||||||
12 | State of Illinois, including but not limited to,
medical | ||||||
13 | societies, osteopathic organizations, naturopathic | ||||||
14 | organizations, and
chiropractic organizations, but this term | ||||||
15 | shall not be
deemed to include hospital medical staffs.
| ||||||
16 | "Program of Care, Counseling, or Treatment" means
a written | ||||||
17 | schedule of organized treatment, care, counseling,
activities, | ||||||
18 | or education, satisfactory to the Disciplinary
Board, designed | ||||||
19 | for the purpose of restoring an impaired
person to a condition | ||||||
20 | whereby the impaired person can
practice medicine with | ||||||
21 | reasonable skill and safety of a
sufficient degree to deliver | ||||||
22 | competent patient care.
| ||||||
23 | "Reinstate" means to change the status of a license from | ||||||
24 | inactive or nonrenewed status to active status. | ||||||
25 | "Restore" means to remove an encumbrance from a license due | ||||||
26 | to probation, suspension, or revocation. |
| |||||||
| |||||||
1 | "Secretary" means the Secretary of the Department of | ||||||
2 | Financial and Professional Regulation. | ||||||
3 | (Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11; | ||||||
4 | 98-1140, eff. 12-30-14 .)
| ||||||
5 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
| ||||||
6 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
7 | Sec. 7. Medical Disciplinary Board.
| ||||||
8 | (A) There is hereby created the Illinois
State Medical | ||||||
9 | Disciplinary Board. The Disciplinary Board shall
consist of 12 | ||||||
10 | 11 members, to be appointed by the Governor by and
with the | ||||||
11 | advice and consent of the Senate. All members shall be
| ||||||
12 | residents of the State, not more than 7 6 of whom shall be
| ||||||
13 | members of the same political party. All members shall be | ||||||
14 | voting members. Five members shall be
physicians licensed to | ||||||
15 | practice medicine in all of its
branches in Illinois possessing | ||||||
16 | the degree of doctor of
medicine. One member shall be a | ||||||
17 | physician licensed to practice medicine in all its branches in | ||||||
18 | Illinois possessing the degree of doctor of osteopathy or | ||||||
19 | osteopathic medicine. One member shall be a chiropractic | ||||||
20 | physician licensed to practice in Illinois and possessing the | ||||||
21 | degree of doctor of chiropractic. One member shall be a | ||||||
22 | naturopathic physician licensed to practice in Illinois and | ||||||
23 | possessing the degree of naturopathic medicine. Four members | ||||||
24 | shall be members of the public, who shall not
be engaged in any | ||||||
25 | way, directly or indirectly, as providers
of health care.
|
| |||||||
| |||||||
1 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
2 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
3 | member, their successor shall be appointed for a term of
4 | ||||||
4 | years by the Governor by and with the advice and
consent of the | ||||||
5 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
6 | of the unexpired term with the
advice and consent of the | ||||||
7 | Senate. Upon recommendation of
the Board, any member of the | ||||||
8 | Disciplinary Board may be
removed by the Governor for | ||||||
9 | misfeasance, malfeasance, or
wilful neglect of duty, after | ||||||
10 | notice, and a public hearing,
unless such notice and hearing | ||||||
11 | shall be expressly waived in
writing. Each member shall serve | ||||||
12 | on the Disciplinary Board
until their successor is appointed | ||||||
13 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
14 | more than 2
consecutive 4 year terms.
| ||||||
15 | In making appointments the Governor shall attempt to
insure | ||||||
16 | that the various social and geographic regions of the
State of | ||||||
17 | Illinois are properly represented.
| ||||||
18 | In making the designation of persons to act for the
several | ||||||
19 | professions represented on the Disciplinary Board,
the | ||||||
20 | Governor shall give due consideration to recommendations
by | ||||||
21 | members of the respective professions and by
organizations | ||||||
22 | therein.
| ||||||
23 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
24 | voting members as chairperson and one as vice
chairperson. No | ||||||
25 | officer shall be elected more than twice
in succession to the | ||||||
26 | same office. Each officer shall serve
until their successor has |
| |||||||
| |||||||
1 | been elected and qualified.
| ||||||
2 | (D) (Blank).
| ||||||
3 | (E) Six voting members of the Disciplinary Board, at least | ||||||
4 | 4 of whom are physicians,
shall constitute a quorum. A vacancy | ||||||
5 | in the membership of
the Disciplinary Board shall not impair | ||||||
6 | the right of a
quorum to exercise all the rights and perform | ||||||
7 | all the duties
of the Disciplinary Board. Any action taken by | ||||||
8 | the
Disciplinary Board under this Act may be authorized by
| ||||||
9 | resolution at any regular or special meeting and each such
| ||||||
10 | resolution shall take effect immediately. The Disciplinary
| ||||||
11 | Board shall meet at least quarterly.
| ||||||
12 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
13 | Board shall receive a per diem stipend
as the
Secretary shall | ||||||
14 | determine. Each member shall be paid their necessary
expenses | ||||||
15 | while engaged in the performance of their duties.
| ||||||
16 | (G) The Secretary shall select a Chief Medical
Coordinator | ||||||
17 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
18 | be members of the Disciplinary Board. Each medical
coordinator | ||||||
19 | shall be a physician licensed to practice
medicine in all of | ||||||
20 | its branches, and the Secretary shall set
their rates of | ||||||
21 | compensation. The Secretary shall assign at least
one
medical
| ||||||
22 | coordinator to
a region composed of Cook County and
such other | ||||||
23 | counties as the Secretary may deem appropriate,
and such | ||||||
24 | medical coordinator or coordinators shall locate their office | ||||||
25 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
26 | coordinator to a region composed of the balance of counties
in |
| |||||||
| |||||||
1 | the State, and such medical coordinator or coordinators shall | ||||||
2 | locate
their office in Springfield. The Chief Medical | ||||||
3 | Coordinator shall be the chief enforcement officer of this Act. | ||||||
4 | None of the functions, powers, or duties of the Department with | ||||||
5 | respect to policies regarding enforcement or discipline under | ||||||
6 | this Act, including the adoption of such rules as may be | ||||||
7 | necessary for the administration of this Act, shall be | ||||||
8 | exercised by the Department except upon review of the | ||||||
9 | Disciplinary Board.
| ||||||
10 | The Secretary shall employ, in conformity with the
| ||||||
11 | Personnel Code, investigators who are college graduates with at | ||||||
12 | least 2
years of investigative experience or one year of | ||||||
13 | advanced medical
education. Upon the written request of the | ||||||
14 | Disciplinary
Board, the Secretary shall employ, in conformity | ||||||
15 | with the
Personnel Code, such other professional, technical,
| ||||||
16 | investigative, and clerical help, either on a full or
part-time | ||||||
17 | basis as the Disciplinary Board deems necessary
for the proper | ||||||
18 | performance of its duties.
| ||||||
19 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
20 | signed by either the chairperson, vice chairperson, or a
| ||||||
21 | medical coordinator of the Disciplinary Board, the
Department | ||||||
22 | of Human Services, the Department of Healthcare and Family | ||||||
23 | Services, the
Department of State Police, or any other law | ||||||
24 | enforcement agency located in this State shall make available | ||||||
25 | any and all
information that they have in their possession | ||||||
26 | regarding a
particular case then under investigation by the |
| |||||||
| |||||||
1 | Disciplinary
Board.
| ||||||
2 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
3 | suit in any action based upon any disciplinary
proceedings or | ||||||
4 | other acts performed in good faith as members
of the | ||||||
5 | Disciplinary Board.
| ||||||
6 | (J) The Disciplinary Board may compile and establish a
| ||||||
7 | statewide roster of physicians and other medical
| ||||||
8 | professionals, including the several medical specialties, of
| ||||||
9 | such physicians and medical professionals, who have agreed
to | ||||||
10 | serve from time to time as advisors to the medical
| ||||||
11 | coordinators. Such advisors shall assist the medical
| ||||||
12 | coordinators or the Disciplinary Board in their investigations | ||||||
13 | and participation in
complaints against physicians. Such | ||||||
14 | advisors shall serve
under contract and shall be reimbursed at | ||||||
15 | a reasonable rate for the services
provided, plus reasonable | ||||||
16 | expenses incurred.
While serving in this capacity, the advisor, | ||||||
17 | for any act
undertaken in good faith and in the conduct of his | ||||||
18 | or her duties
under this Section, shall be immune from civil | ||||||
19 | suit.
| ||||||
20 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
21 | (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
23 | Sec. 8. Medical Licensing Board.
| ||||||
24 | (A) There is hereby created a Medical
Licensing Board. The | ||||||
25 | Licensing Board shall be composed
of 7 members, to be appointed |
| |||||||
| |||||||
1 | by the Governor by and with
the advice and consent of the | ||||||
2 | Senate; 5 of whom shall be
reputable physicians licensed to | ||||||
3 | practice medicine in all of
its branches in Illinois, | ||||||
4 | possessing the degree of doctor of
medicine; one member shall | ||||||
5 | be a reputable physician licensed
in Illinois to practice | ||||||
6 | medicine in all of its branches,
possessing the degree of | ||||||
7 | doctor of osteopathy or osteopathic medicine; one member shall | ||||||
8 | be a reputable naturopathic physician licensed to practice in | ||||||
9 | Illinois and possessing the degree of doctor of naturopathic | ||||||
10 | medicine; and
one
member shall be a reputable chiropractic | ||||||
11 | physician licensed to practice
in Illinois and possessing the | ||||||
12 | degree of doctor of
chiropractic. Of the 5 members holding the | ||||||
13 | degree of doctor
of medicine, one shall be a full-time or | ||||||
14 | part-time teacher
of professorial rank in the clinical | ||||||
15 | department of an
Illinois school of medicine.
| ||||||
16 | (B) Members of the
Licensing Board shall be appointed for | ||||||
17 | terms of 4 years, and until their successors are appointed and
| ||||||
18 | qualified. Appointments to fill vacancies shall be made in
the | ||||||
19 | same manner as original appointments, for the unexpired
portion | ||||||
20 | of the vacated term. No more than 4 members of
the Licensing | ||||||
21 | Board shall be members of the same political
party and all | ||||||
22 | members shall be residents of this State. No
member of the | ||||||
23 | Licensing Board may be appointed to more than
2 successive 4 | ||||||
24 | year terms.
| ||||||
25 | (C) Members of the Licensing Board shall be immune
from | ||||||
26 | suit in any action based upon any licensing proceedings
or |
| |||||||
| |||||||
1 | other acts performed in good faith as members of the
Licensing | ||||||
2 | Board.
| ||||||
3 | (D) (Blank).
| ||||||
4 | (E) The Licensing Board shall annually elect one of
its | ||||||
5 | members as chairperson and one as vice chairperson. No member
| ||||||
6 | shall be elected more than twice in succession to the same
| ||||||
7 | office. Each officer shall serve until his or her successor has
| ||||||
8 | been elected and qualified.
| ||||||
9 | (F) None of the functions, powers or duties of the
| ||||||
10 | Department with respect to policies regarding licensure and | ||||||
11 | examination
under
this Act, including the promulgation of such | ||||||
12 | rules as may be
necessary for the administration of this Act, | ||||||
13 | shall be
exercised by the Department except upon review of the
| ||||||
14 | Licensing Board.
| ||||||
15 | (G) The Licensing Board shall receive the same
compensation | ||||||
16 | as the members of the
Disciplinary Board, which compensation | ||||||
17 | shall be paid out of
the Illinois State Medical Disciplinary | ||||||
18 | Fund.
| ||||||
19 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
20 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
22 | Sec. 9. Application for license. Each applicant for a | ||||||
23 | license shall:
| ||||||
24 | (A) Make application on blank forms prepared and
| ||||||
25 | furnished by the Department.
|
| |||||||
| |||||||
1 | (B) Submit evidence satisfactory to the Department
| ||||||
2 | that the applicant:
| ||||||
3 | (1) is of good moral character. In determining | ||||||
4 | moral
character under this Section, the Department may | ||||||
5 | take into
consideration whether the applicant has | ||||||
6 | engaged in conduct
or activities which would | ||||||
7 | constitute grounds for discipline
under this Act. The | ||||||
8 | Department may also request the
applicant to submit, | ||||||
9 | and may consider as evidence of moral
character, | ||||||
10 | endorsements from 2 or 3 individuals licensed
under | ||||||
11 | this Act;
| ||||||
12 | (2) has the preliminary and professional education
| ||||||
13 | required by this Act;
| ||||||
14 | (3) (blank); and
| ||||||
15 | (4) is physically, mentally, and professionally | ||||||
16 | capable
of practicing medicine with reasonable | ||||||
17 | judgment, skill, and
safety. In determining physical | ||||||
18 | and mental
capacity under this Section, the Licensing | ||||||
19 | Board
may, upon a showing of a possible incapacity or | ||||||
20 | conduct or activities that would constitute grounds | ||||||
21 | for discipline under this Act, compel any
applicant to | ||||||
22 | submit to a mental or physical examination and | ||||||
23 | evaluation, or
both, as provided for in Section 22 of | ||||||
24 | this Act. The Licensing Board may condition or restrict | ||||||
25 | any
license, subject to the same terms and conditions | ||||||
26 | as are
provided for the Disciplinary Board under |
| |||||||
| |||||||
1 | Section 22
of this Act. Any such condition of a | ||||||
2 | restricted license
shall provide that the Chief | ||||||
3 | Medical Coordinator or Deputy
Medical Coordinator | ||||||
4 | shall have the authority to review the
subject | ||||||
5 | physician's compliance with such conditions or
| ||||||
6 | restrictions, including, where appropriate, the | ||||||
7 | physician's
record of treatment and counseling | ||||||
8 | regarding the impairment,
to the extent permitted by | ||||||
9 | applicable federal statutes and
regulations | ||||||
10 | safeguarding the confidentiality of medical
records of | ||||||
11 | patients.
| ||||||
12 | In determining professional capacity under this
| ||||||
13 | Section, an individual may be required to
complete such | ||||||
14 | additional testing, training, or remedial
education as the | ||||||
15 | Licensing Board may deem necessary in order
to establish | ||||||
16 | the applicant's present capacity to practice
medicine with | ||||||
17 | reasonable judgment, skill, and safety. The Licensing | ||||||
18 | Board may consider the following criteria, as they relate | ||||||
19 | to an applicant, as part of its determination of | ||||||
20 | professional capacity:
| ||||||
21 | (1) Medical research in an established research | ||||||
22 | facility, hospital, college or university, or private | ||||||
23 | corporation. | ||||||
24 | (2) Specialized training or education. | ||||||
25 | (3) Publication of original work in learned, | ||||||
26 | medical, or scientific journals. |
| |||||||
| |||||||
1 | (4) Participation in federal, State, local, or | ||||||
2 | international public health programs or organizations. | ||||||
3 | (5) Professional service in a federal veterans or | ||||||
4 | military institution. | ||||||
5 | (6) Any other professional activities deemed to | ||||||
6 | maintain and enhance the clinical capabilities of the | ||||||
7 | applicant. | ||||||
8 | Any applicant applying for a license to practice | ||||||
9 | medicine in all of its branches , for a license as a | ||||||
10 | naturopathic physician, or for a license as a chiropractic | ||||||
11 | physician who has not been engaged in the active practice | ||||||
12 | of medicine or has not been enrolled in a medical program | ||||||
13 | for 2 years prior to application must submit proof of | ||||||
14 | professional capacity to the Licensing Board. | ||||||
15 | Any applicant applying for a temporary license that has | ||||||
16 | not been engaged in the active practice of medicine or has | ||||||
17 | not been enrolled in a medical program for longer than 5 | ||||||
18 | years prior to application must submit proof of | ||||||
19 | professional capacity to the Licensing Board. | ||||||
20 | (C) Designate specifically the name, location, and
| ||||||
21 | kind of professional school, college, or institution of
| ||||||
22 | which the applicant is a graduate and the category under
| ||||||
23 | which the applicant seeks, and will undertake, to practice.
| ||||||
24 | (D) Pay to the Department at the time of application
| ||||||
25 | the required fees.
| ||||||
26 | (E) Pursuant to Department rules, as required, pass an
|
| |||||||
| |||||||
1 | examination authorized by the Department to determine
the | ||||||
2 | applicant's fitness to receive a license.
| ||||||
3 | (F) Complete the application process within 3 years | ||||||
4 | from the date of
application. If the process has not been | ||||||
5 | completed within 3 years, the
application shall expire, | ||||||
6 | application fees shall be forfeited, and the
applicant
must | ||||||
7 | reapply and meet the requirements in effect at the time of
| ||||||
8 | reapplication.
| ||||||
9 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
10 | (225 ILCS 60/10) (from Ch. 111, par. 4400-10)
| ||||||
11 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
12 | Sec. 10. The Department shall:
| ||||||
13 | (A) Make rules for establishing reasonable minimum
| ||||||
14 | standards of educational requirements to be observed by
| ||||||
15 | medical, osteopathic , naturopathic, and chiropractic | ||||||
16 | colleges;
| ||||||
17 | (B) Effectuate the policy of the State of Illinois that | ||||||
18 | the quality of
medical training is an appropriate concern | ||||||
19 | in the recruiting, licensing,
credentialing and | ||||||
20 | participation in residency programs of physicians.
| ||||||
21 | However, it is inappropriate to discriminate against any | ||||||
22 | physician because
of national origin or geographic | ||||||
23 | location of medical education;
| ||||||
24 | (C) Formulate rules and regulations required for the
| ||||||
25 | administration of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-573 .)
| ||||||
2 | (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
4 | Sec. 11. Minimum education standards. The minimum | ||||||
5 | standards of
professional
education to be enforced by the | ||||||
6 | Department in conducting
examinations and issuing licenses | ||||||
7 | shall be as follows:
| ||||||
8 | (A) Practice of medicine. For the practice of
medicine | ||||||
9 | in all of its branches:
| ||||||
10 | (1) For applications for licensure under | ||||||
11 | subsection (D) of Section 19
of this Act:
| ||||||
12 | (a) that the applicant is a graduate of a | ||||||
13 | medical or
osteopathic college in the United | ||||||
14 | States, its territories or
Canada, that the | ||||||
15 | applicant has completed a 2 year course of | ||||||
16 | instruction in a
college of liberal arts, or its | ||||||
17 | equivalent, and a course of
instruction in a | ||||||
18 | medical or osteopathic college approved by
the | ||||||
19 | Department or by a private, not for profit | ||||||
20 | accrediting
body approved by the Department, and | ||||||
21 | in addition thereto, a
course of postgraduate | ||||||
22 | clinical training of not less than 12
months as | ||||||
23 | approved by the Department; or
| ||||||
24 | (b) that the applicant is a graduate of a | ||||||
25 | medical or
osteopathic college located outside the |
| |||||||
| |||||||
1 | United States, its
territories or Canada, and that | ||||||
2 | the degree conferred is
officially recognized by | ||||||
3 | the country for the purposes of
licensure, that the | ||||||
4 | applicant has completed a 2 year course of | ||||||
5 | instruction in a
college of liberal arts or its | ||||||
6 | equivalent, and a course of
instruction in a | ||||||
7 | medical or osteopathic college approved by
the | ||||||
8 | Department, which course shall have been not less | ||||||
9 | than
132 weeks in duration and shall have been | ||||||
10 | completed within a
period of not less than 35 | ||||||
11 | months, and, in addition thereto,
has completed a | ||||||
12 | course of postgraduate clinical training of not | ||||||
13 | less than
12 months, as approved by the Department, | ||||||
14 | and has complied with any other
standards | ||||||
15 | established by rule.
| ||||||
16 | For the purposes of this subparagraph (b) an | ||||||
17 | applicant
is considered to be a graduate of a | ||||||
18 | medical college if the
degree which is conferred is | ||||||
19 | officially recognized by that
country for the | ||||||
20 | purposes of receiving a license to practice
| ||||||
21 | medicine in all of its branches or a document is | ||||||
22 | granted by
the medical college which certifies the | ||||||
23 | completion of all
formal training requirements | ||||||
24 | including any internship and
social service; or
| ||||||
25 | (c) that the applicant has studied medicine at | ||||||
26 | a
medical or osteopathic college located outside |
| |||||||
| |||||||
1 | the United
States, its territories, or Canada, | ||||||
2 | that the applicant has
completed a 2 year course of
| ||||||
3 | instruction in a college of liberal arts or its | ||||||
4 | equivalent
and all of the formal requirements of a | ||||||
5 | foreign medical
school except internship and | ||||||
6 | social service, which course
shall have been not | ||||||
7 | less than 132 weeks in duration and
shall have been | ||||||
8 | completed within a period of not less than
35 | ||||||
9 | months; that the applicant has submitted an | ||||||
10 | application
to a medical college accredited by the | ||||||
11 | Liaison Committee on
Medical Education and | ||||||
12 | submitted to such evaluation
procedures, including | ||||||
13 | use of nationally recognized medical
student tests | ||||||
14 | or tests devised by the individual medical
| ||||||
15 | college, and that the applicant has satisfactorily | ||||||
16 | completed
one academic year of supervised clinical | ||||||
17 | training under the
direction of such medical | ||||||
18 | college; and, in addition thereto
has completed a | ||||||
19 | course of postgraduate clinical training of
not | ||||||
20 | less than 12 months, as approved by the Department, | ||||||
21 | and has
complied
with
any other standards | ||||||
22 | established by rule.
| ||||||
23 | (d) Any clinical clerkships must have been | ||||||
24 | completed
in compliance with Section 10.3 of the | ||||||
25 | Hospital Licensing
Act, as amended.
| ||||||
26 | (2) Effective January 1, 1988, for applications |
| |||||||
| |||||||
1 | for
licensure made subsequent to January 1, 1988, under | ||||||
2 | Sections
9 or 17 of this Act by individuals not | ||||||
3 | described in paragraph (3) of
subsection (A) of Section | ||||||
4 | 11 who graduated after December
31, 1984:
| ||||||
5 | (a) that the applicant: (i) graduated from a | ||||||
6 | medical
or osteopathic college officially | ||||||
7 | recognized by the
jurisdiction in which it is | ||||||
8 | located for the purpose of
receiving a license to | ||||||
9 | practice medicine in all of its
branches, and the | ||||||
10 | applicant has completed, as defined by the
| ||||||
11 | Department, a 6 year postsecondary course of study
| ||||||
12 | comprising at least 2 academic years of study in | ||||||
13 | the basic
medical sciences; and 2 academic years of | ||||||
14 | study in the
clinical sciences, while enrolled in | ||||||
15 | the medical college
which conferred the degree, | ||||||
16 | the core rotations of which must
have been | ||||||
17 | completed in clinical teaching facilities owned,
| ||||||
18 | operated or formally affiliated with the medical | ||||||
19 | college
which conferred the degree, or under | ||||||
20 | contract in teaching
facilities owned, operated or | ||||||
21 | affiliated with another
medical college which is | ||||||
22 | officially recognized by the
jurisdiction in which | ||||||
23 | the medical school which conferred the
degree is | ||||||
24 | located; or (ii) graduated from a medical or
| ||||||
25 | osteopathic college accredited by the Liaison | ||||||
26 | Committee on
Medical Education, the Committee on |
| |||||||
| |||||||
1 | Accreditation of
Canadian Medical Schools in | ||||||
2 | conjunction with the Liaison
Committee on Medical | ||||||
3 | Education, or the Bureau of Professional Education | ||||||
4 | of
the American Osteopathic
Association; and, | ||||||
5 | (iii) in addition
thereto, has completed 24 months | ||||||
6 | of postgraduate clinical
training, as approved by | ||||||
7 | the
Department; or
| ||||||
8 | (b) that the applicant has studied medicine at | ||||||
9 | a
medical or osteopathic college located outside | ||||||
10 | the United
States, its territories, or Canada, | ||||||
11 | that the applicant, in
addition to satisfying the | ||||||
12 | requirements of subparagraph (a),
except for the | ||||||
13 | awarding of a degree, has completed all of
the | ||||||
14 | formal requirements of a foreign medical school | ||||||
15 | except
internship and social service and has | ||||||
16 | submitted an
application to a medical college | ||||||
17 | accredited by the Liaison
Committee on Medical | ||||||
18 | Education and submitted to such
evaluation | ||||||
19 | procedures, including use of nationally
recognized | ||||||
20 | medical student tests or tests devised by the
| ||||||
21 | individual medical college, and that the applicant | ||||||
22 | has
satisfactorily completed one academic year of | ||||||
23 | supervised
clinical training under the direction | ||||||
24 | of such medical
college; and, in addition thereto, | ||||||
25 | has completed 24 months of
postgraduate clinical | ||||||
26 | training, as
approved by the Department, and has |
| |||||||
| |||||||
1 | complied with any other standards
established by | ||||||
2 | rule.
| ||||||
3 | (3) (Blank).
| ||||||
4 | (4) Any person granted a temporary license | ||||||
5 | pursuant to Section 17 of
this Act who shall | ||||||
6 | satisfactorily complete a course of postgraduate | ||||||
7 | clinical
training and meet all of the requirements for | ||||||
8 | licensure shall be granted a
permanent license | ||||||
9 | pursuant to Section 9.
| ||||||
10 | (5) Notwithstanding any other provision of this
| ||||||
11 | Section an individual holding a temporary license | ||||||
12 | under
Section 17 of this Act shall be required to | ||||||
13 | satisfy the
undergraduate medical and post-graduate | ||||||
14 | clinical training educational
requirements in effect | ||||||
15 | on
the date of their application for a temporary | ||||||
16 | license,
provided they apply for a license under | ||||||
17 | Section 9 of this
Act and satisfy all other | ||||||
18 | requirements of this Section while
their temporary | ||||||
19 | license is in effect.
| ||||||
20 | (B) Treating human ailments without drugs and without
| ||||||
21 | operative surgery. For the practice of treating human
| ||||||
22 | ailments without the use of drugs and without operative
| ||||||
23 | surgery:
| ||||||
24 | (1) For an applicant who was a resident student and
| ||||||
25 | who is a graduate after July 1, 1926, of a chiropractic
| ||||||
26 | college or institution, that such school, college or
|
| |||||||
| |||||||
1 | institution, at the time of the applicant's graduation
| ||||||
2 | required as a prerequisite to admission thereto a 4 | ||||||
3 | year
course of instruction in a high school, and, as a
| ||||||
4 | prerequisite to graduation therefrom, a course of
| ||||||
5 | instruction in the treatment of human ailments, of not | ||||||
6 | less
than 132 weeks in duration and which shall have | ||||||
7 | been
completed within a period of not less than 35 | ||||||
8 | months except
that as to students matriculating or | ||||||
9 | entering upon a course
of chiropractic study during the | ||||||
10 | years 1940, 1941, 1942,
1943, 1944, 1945, 1946, and | ||||||
11 | 1947, such elapsed time
shall be not less than 32 | ||||||
12 | months, such high school and such
school, college or | ||||||
13 | institution having been reputable and in
good standing | ||||||
14 | in the judgment of the Department.
| ||||||
15 | (2) For an applicant who is a matriculant in a
| ||||||
16 | chiropractic college after September 1, 1969, that | ||||||
17 | such
applicant shall be required to complete a 2 year | ||||||
18 | course
of instruction in a liberal arts college or its | ||||||
19 | equivalent and a course of instruction in a | ||||||
20 | chiropractic
college in the treatment of human | ||||||
21 | ailments, such course, as
a prerequisite to graduation | ||||||
22 | therefrom, having been not less
than 132 weeks in | ||||||
23 | duration and shall have been completed
within a period | ||||||
24 | of not less than 35 months, such college of
liberal | ||||||
25 | arts and chiropractic college having been reputable
| ||||||
26 | and in good standing in the judgment of the Department.
|
| |||||||
| |||||||
1 | (3) For an applicant who is a graduate of a United
| ||||||
2 | States chiropractic college after August 19, 1981, the
| ||||||
3 | college of the applicant must be fully accredited by | ||||||
4 | the
Commission on Accreditation of the Council on | ||||||
5 | Chiropractic
Education or its successor at the time of | ||||||
6 | graduation. Such
graduates shall be considered to have | ||||||
7 | met the minimum
requirements which shall be in addition | ||||||
8 | to those
requirements set forth in the rules and | ||||||
9 | regulations
promulgated by the Department.
| ||||||
10 | (4) For an applicant who is a graduate of a
| ||||||
11 | chiropractic college in another country; that such
| ||||||
12 | chiropractic college be equivalent to the standards of
| ||||||
13 | education as set forth for chiropractic colleges | ||||||
14 | located in
the United States.
| ||||||
15 | (C) Practice of naturopathic medicine. For the | ||||||
16 | practice of naturopathic medicine: | ||||||
17 | (1) For an applicant who is a graduate of an | ||||||
18 | approved naturopathic medical program, in accordance | ||||||
19 | with this Act, that he or she has successfully | ||||||
20 | completed a competency-based national naturopathic | ||||||
21 | licensing examination administered by the North | ||||||
22 | American Board of Naturopathic Examiners or an | ||||||
23 | equivalent agency, as recognized by the Department. | ||||||
24 | (2) For an applicant who is a graduate of a | ||||||
25 | degree-granting approved naturopathic medical program | ||||||
26 | prior to 1986, evidence of successful passage of a |
| |||||||
| |||||||
1 | State competency examination in a licensed state or a | ||||||
2 | Canadian provincial examination in a licensed or | ||||||
3 | regulated province approved by the Department in lieu | ||||||
4 | of passage of a national licensing examination. | ||||||
5 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
6 | (225 ILCS 60/14) (from Ch. 111, par. 4400-14)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
8 | Sec. 14. Chiropractic students and naturopathic medicine | ||||||
9 | students . | ||||||
10 | (a) Candidates for the degree of doctor of
chiropractic | ||||||
11 | enrolled in a chiropractic college, accredited by the Council | ||||||
12 | on
Chiropractic Education, may practice under the direct, | ||||||
13 | on-premises supervision
of a chiropractic physician who is a | ||||||
14 | member of the faculty of an
accredited chiropractic college.
| ||||||
15 | (b) Candidates for the degree of doctor of
naturopathic | ||||||
16 | medicine enrolled in a naturopathic college, accredited by the | ||||||
17 | United States Council on Naturopathic Medical Education, may | ||||||
18 | practice under the direct, on-premises supervision
of a | ||||||
19 | naturopathic physician who is a member of the faculty of an
| ||||||
20 | accredited naturopathic college. | ||||||
21 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
22 | (225 ILCS 60/15) (from Ch. 111, par. 4400-15)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
24 | Sec. 15. Chiropractic and naturopathic physician; license |
| |||||||
| |||||||
1 | for general practice. Any chiropractic or naturopathic | ||||||
2 | physician licensed under this
Act shall be permitted to take | ||||||
3 | the
examination for licensure as a physician to practice | ||||||
4 | medicine in
all its branches and
shall receive a license to | ||||||
5 | practice medicine in all of its
branches if he or she shall | ||||||
6 | successfully pass such
examination, upon proof of having | ||||||
7 | successfully completed in
a medical college, osteopathic | ||||||
8 | college , naturopathic college, or chiropractic
college | ||||||
9 | reputable and in good standing in the judgment of
the | ||||||
10 | Department, courses of instruction in materia medica,
| ||||||
11 | therapeutics, surgery, obstetrics, and theory and practice
| ||||||
12 | deemed by the Department to be equal to the courses of
| ||||||
13 | instruction required in those subjects for admission to the
| ||||||
14 | examination for a license to practice medicine in all of its
| ||||||
15 | branches, together with proof of having completed (a) the
2 | ||||||
16 | year course of instruction in a college of liberal
arts, or its | ||||||
17 | equivalent, required under this Act, and (b) a
course of | ||||||
18 | postgraduate clinical training of not less than 24
months as | ||||||
19 | approved by the Department.
| ||||||
20 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
21 | (225 ILCS 60/16) (from Ch. 111, par. 4400-16)
| ||||||
22 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
23 | Sec. 16. Ineligibility for examination. Any person who | ||||||
24 | shall fail any
examination
for licensure as a medical doctor, | ||||||
25 | doctor of osteopathy or osteopathic
medicine, doctor of |
| |||||||
| |||||||
1 | naturopathic medicine, or
doctor of chiropractic in this or any | ||||||
2 | other jurisdiction a
total of 5 times shall thereafter be | ||||||
3 | ineligible for further
examinations until such time as such | ||||||
4 | person shall submit to
the Department evidence of further | ||||||
5 | formal professional study, as required by
rule of the | ||||||
6 | Department,
in an accredited institution.
| ||||||
7 | (Source: P.A. 89-702, eff. 7-1-97 .)
| ||||||
8 | (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
10 | Sec. 17. Temporary license. Persons holding the degree of | ||||||
11 | Doctor of
Medicine, persons
holding the degree of Doctor of
| ||||||
12 | Osteopathy or Doctor of Osteopathic Medicine, persons holding | ||||||
13 | the degree of Doctor of Naturopathic Medicine, and persons | ||||||
14 | holding the degree
of Doctor of Chiropractic or persons who | ||||||
15 | have satisfied
the requirements
therefor and are eligible to | ||||||
16 | receive such degree from
a medical, osteopathic, naturopathic, | ||||||
17 | or chiropractic school, who wish to
pursue programs
of graduate | ||||||
18 | or specialty training in this State, may receive
without | ||||||
19 | examination, in the discretion of the Department, a
3-year | ||||||
20 | temporary license. In order to receive a 3-year
temporary | ||||||
21 | license hereunder, an applicant shall submit evidence
| ||||||
22 | satisfactory to the Department that the applicant:
| ||||||
23 | (A) Is of good moral character. In determining moral
| ||||||
24 | character under this Section, the Department may take into
| ||||||
25 | consideration whether the applicant has engaged in conduct
|
| |||||||
| |||||||
1 | or activities which would constitute grounds for | ||||||
2 | discipline
under this Act. The Department may also request | ||||||
3 | the
applicant to submit, and may consider as evidence of | ||||||
4 | moral
character, endorsements from 2 or 3 individuals | ||||||
5 | licensed
under this Act;
| ||||||
6 | (B) Has been accepted or appointed for specialty or
| ||||||
7 | residency training by a hospital situated in this State or | ||||||
8 | a
training program in hospitals or facilities maintained by
| ||||||
9 | the State of Illinois or affiliated training facilities
| ||||||
10 | which is approved by the Department for the purpose of such
| ||||||
11 | training under this Act. The applicant shall indicate the
| ||||||
12 | beginning and ending dates of the period for which the
| ||||||
13 | applicant has been accepted or appointed;
| ||||||
14 | (C) Has or will satisfy the professional education
| ||||||
15 | requirements of Section 11 of this Act which are effective
| ||||||
16 | at the date of application except for postgraduate clinical
| ||||||
17 | training;
| ||||||
18 | (D) Is physically, mentally, and professionally | ||||||
19 | capable
of practicing medicine or treating human ailments | ||||||
20 | without the use of drugs and without
operative surgery with | ||||||
21 | reasonable judgment, skill, and
safety. In determining | ||||||
22 | physical, mental and professional
capacity under this | ||||||
23 | Section, the Licensing Board
may, upon a showing of a | ||||||
24 | possible incapacity, compel an
applicant to submit to a | ||||||
25 | mental or physical examination and evaluation, or
both, and | ||||||
26 | may condition or restrict any temporary license,
subject to |
| |||||||
| |||||||
1 | the same terms and conditions as are provided for
the | ||||||
2 | Disciplinary Board under Section 22 of this Act.
Any such | ||||||
3 | condition of restricted temporary license shall
provide | ||||||
4 | that the Chief Medical Coordinator or Deputy Medical
| ||||||
5 | Coordinator shall have the authority to review the subject
| ||||||
6 | physician's compliance with such conditions or | ||||||
7 | restrictions,
including, where appropriate, the | ||||||
8 | physician's record of
treatment and counseling regarding | ||||||
9 | the impairment, to the
extent permitted by applicable | ||||||
10 | federal statutes and
regulations safeguarding the | ||||||
11 | confidentiality of medical
records of patients.
| ||||||
12 | Three-year temporary licenses issued pursuant to this
| ||||||
13 | Section shall be valid only for the period of time
designated | ||||||
14 | therein, and may be extended or renewed pursuant
to the rules | ||||||
15 | of the Department, and if a temporary license
is thereafter | ||||||
16 | extended, it shall not extend beyond
completion of the | ||||||
17 | residency program. The holder of a valid
3-year temporary | ||||||
18 | license shall be entitled thereby to
perform only such acts as | ||||||
19 | may be prescribed by and
incidental to his or her program of | ||||||
20 | residency training; he or she
shall not be entitled to | ||||||
21 | otherwise engage in the practice of
medicine in this State | ||||||
22 | unless fully licensed in this State.
| ||||||
23 | A 3-year temporary license may be revoked or suspended by | ||||||
24 | the
Department upon proof that the holder thereof has engaged | ||||||
25 | in
the practice of medicine in this State outside of the
| ||||||
26 | program of his or her residency or specialty training, or if |
| |||||||
| |||||||
1 | the
holder shall fail to supply the Department, within 10 days
| ||||||
2 | of its request, with information as to his or her current | ||||||
3 | status
and activities in his or her specialty training program. | ||||||
4 | Such a revocation or suspension shall comply with the | ||||||
5 | procedures set forth in subsection (d) of Section 37 of this | ||||||
6 | Act.
| ||||||
7 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
8 | (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| ||||||
9 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
10 | Sec. 18. Visiting professor, physician, or resident | ||||||
11 | permits.
| ||||||
12 | (A) Visiting professor permit.
| ||||||
13 | (1) A visiting professor permit shall
entitle a person | ||||||
14 | to practice medicine in all of its branches
or to practice | ||||||
15 | the treatment of human ailments without the
use of drugs | ||||||
16 | and without operative surgery provided:
| ||||||
17 | (a) the person maintains an equivalent | ||||||
18 | authorization
to practice medicine in all of its | ||||||
19 | branches or to practice
the treatment of human ailments | ||||||
20 | without the use of drugs
and without operative surgery | ||||||
21 | in good standing in his or her
native licensing | ||||||
22 | jurisdiction during the period of the
visiting | ||||||
23 | professor permit;
| ||||||
24 | (b) the person has received a faculty appointment | ||||||
25 | to
teach in a medical, osteopathic , naturopathic, or |
| |||||||
| |||||||
1 | chiropractic school in
Illinois; and
| ||||||
2 | (c) the Department may prescribe the information | ||||||
3 | necessary to
establish
an applicant's eligibility for | ||||||
4 | a permit. This information shall include
without | ||||||
5 | limitation (i) a statement from the dean of the medical | ||||||
6 | school at which
the
applicant will be employed | ||||||
7 | describing the applicant's qualifications and (ii)
a | ||||||
8 | statement from the dean of the medical school listing | ||||||
9 | every affiliated
institution in which the applicant | ||||||
10 | will be providing instruction as part of the
medical | ||||||
11 | school's education program and justifying any clinical | ||||||
12 | activities at
each of the institutions listed by the | ||||||
13 | dean.
| ||||||
14 | (2) Application for visiting professor permits shall
| ||||||
15 | be made to the Department, in writing, on forms prescribed
| ||||||
16 | by the Department and shall be accompanied by the required
| ||||||
17 | fee established by rule, which shall not be refundable. Any | ||||||
18 | application
shall require the information as, in the | ||||||
19 | judgment of the Department, will
enable the Department to | ||||||
20 | pass on the qualifications of the applicant.
| ||||||
21 | (3) A visiting professor permit shall be valid for no | ||||||
22 | longer than 2
years from the date of issuance or until the | ||||||
23 | time the
faculty appointment is terminated, whichever | ||||||
24 | occurs first,
and may be renewed only in accordance with | ||||||
25 | subdivision (A)(6) of this
Section.
| ||||||
26 | (4) The applicant may be required to appear before the
|
| |||||||
| |||||||
1 | Licensing Board for an interview prior to, and as a
| ||||||
2 | requirement for, the issuance of the original permit and | ||||||
3 | the
renewal.
| ||||||
4 | (5) Persons holding a permit under this Section shall
| ||||||
5 | only practice medicine in all of its branches or practice
| ||||||
6 | the treatment of human ailments without the use of drugs
| ||||||
7 | and without operative surgery in the State of Illinois in
| ||||||
8 | their official capacity under their contract
within the | ||||||
9 | medical school itself and any affiliated institution in | ||||||
10 | which the
permit holder is providing instruction as part of | ||||||
11 | the medical school's
educational program and for which the | ||||||
12 | medical school has assumed direct
responsibility.
| ||||||
13 | (6) After the initial renewal of a visiting professor | ||||||
14 | permit, a visiting professor permit shall be valid until | ||||||
15 | the last day of the
next physician license renewal period, | ||||||
16 | as set by rule, and may only be
renewed for applicants who | ||||||
17 | meet the following requirements:
| ||||||
18 | (i) have obtained the required continuing | ||||||
19 | education hours as set by
rule; and
| ||||||
20 | (ii) have paid the fee prescribed for a license | ||||||
21 | under Section 21 of this
Act.
| ||||||
22 | For initial renewal, the visiting professor must | ||||||
23 | successfully pass a
general competency examination authorized | ||||||
24 | by the Department by rule, unless he or she was issued an | ||||||
25 | initial visiting professor permit on or after January 1, 2007, | ||||||
26 | but prior to July 1, 2007.
|
| |||||||
| |||||||
1 | (B) Visiting physician permit.
| ||||||
2 | (1) The Department may, in its discretion, issue a | ||||||
3 | temporary visiting
physician permit, without examination, | ||||||
4 | provided:
| ||||||
5 | (a) (blank);
| ||||||
6 | (b) that the person maintains an equivalent | ||||||
7 | authorization to practice
medicine in all of its | ||||||
8 | branches or to practice the treatment of human
ailments | ||||||
9 | without the use of drugs and without operative surgery | ||||||
10 | in good
standing in his or her native licensing | ||||||
11 | jurisdiction during the period of the
temporary | ||||||
12 | visiting physician permit;
| ||||||
13 | (c) that the person has received an invitation or | ||||||
14 | appointment to study,
demonstrate, or perform a
| ||||||
15 | specific medical, osteopathic, naturopathic, | ||||||
16 | chiropractic , or clinical subject or
technique in a | ||||||
17 | medical, osteopathic, naturopathic, or chiropractic | ||||||
18 | school, a state or national medical, osteopathic, | ||||||
19 | naturopathic, or chiropractic professional association | ||||||
20 | or society conference or meeting, a hospital
licensed | ||||||
21 | under the Hospital Licensing Act, a hospital organized
| ||||||
22 | under the University of Illinois Hospital Act, or a | ||||||
23 | facility operated
pursuant to the Ambulatory Surgical | ||||||
24 | Treatment Center Act; and
| ||||||
25 | (d) that the temporary visiting physician permit |
| |||||||
| |||||||
1 | shall only permit the
holder to practice medicine in | ||||||
2 | all of its branches or practice the
treatment of human | ||||||
3 | ailments without the use of drugs and without operative
| ||||||
4 | surgery within the scope of the medical, osteopathic, | ||||||
5 | naturopathic, chiropractic, or
clinical studies, or in | ||||||
6 | conjunction with the state or national medical, | ||||||
7 | osteopathic, naturopathic, or chiropractic | ||||||
8 | professional association or society conference or | ||||||
9 | meeting, for which the holder was invited or appointed.
| ||||||
10 | (2) The application for the temporary visiting | ||||||
11 | physician permit shall be
made to the Department, in | ||||||
12 | writing, on forms prescribed by the
Department, and shall | ||||||
13 | be accompanied by the required fee established by
rule, | ||||||
14 | which shall not be refundable. The application shall | ||||||
15 | require
information that, in the judgment of the | ||||||
16 | Department, will enable the
Department to pass on the | ||||||
17 | qualification of the applicant, and the necessity
for the | ||||||
18 | granting of a temporary visiting physician permit.
| ||||||
19 | (3) A temporary visiting physician permit shall be | ||||||
20 | valid for no longer than (i) 180
days
from the date of | ||||||
21 | issuance or (ii) until the time the medical, osteopathic,
| ||||||
22 | chiropractic, naturopathic, or clinical studies are | ||||||
23 | completed, or the state or national medical, osteopathic, | ||||||
24 | naturopathic, or chiropractic professional association or | ||||||
25 | society conference or meeting has concluded, whichever | ||||||
26 | occurs first. The temporary visiting physician permit may |
| |||||||
| |||||||
1 | be issued multiple times to a visiting physician under this | ||||||
2 | paragraph (3) as long as the total number of days it is | ||||||
3 | active do not exceed 180 days within a 365-day period.
| ||||||
4 | (4) The applicant for a temporary visiting physician | ||||||
5 | permit may be
required to appear before the Licensing Board | ||||||
6 | for an interview
prior to, and as a requirement for, the | ||||||
7 | issuance of a temporary visiting
physician permit.
| ||||||
8 | (5) A limited temporary visiting physician permit | ||||||
9 | shall be issued to a
physician licensed in another state | ||||||
10 | who has been requested to perform emergency
procedures in | ||||||
11 | Illinois if he or she meets the requirements as established | ||||||
12 | by
rule.
| ||||||
13 | (C) Visiting resident permit.
| ||||||
14 | (1) The Department may, in its discretion, issue a | ||||||
15 | temporary visiting
resident permit, without examination, | ||||||
16 | provided:
| ||||||
17 | (a) (blank);
| ||||||
18 | (b) that the person maintains an equivalent | ||||||
19 | authorization to practice
medicine in all of its | ||||||
20 | branches or to practice the treatment of human
ailments | ||||||
21 | without the use of drugs and without operative surgery | ||||||
22 | in good
standing in his or her native licensing | ||||||
23 | jurisdiction during the period of
the temporary | ||||||
24 | visiting resident permit;
| ||||||
25 | (c) that the applicant is enrolled in a |
| |||||||
| |||||||
1 | postgraduate clinical training
program outside the | ||||||
2 | State of Illinois that is approved by the Department;
| ||||||
3 | (d) that the individual has been invited or | ||||||
4 | appointed for a specific
period of time to perform a | ||||||
5 | portion of that post graduate clinical training
| ||||||
6 | program under the supervision of an Illinois licensed | ||||||
7 | physician in an
Illinois patient care clinic or | ||||||
8 | facility that is affiliated with the
out-of-State post | ||||||
9 | graduate training program; and
| ||||||
10 | (e) that the temporary visiting resident permit | ||||||
11 | shall only permit the
holder to practice medicine in | ||||||
12 | all of its branches or practice the
treatment of human | ||||||
13 | ailments without the use of drugs and without operative
| ||||||
14 | surgery within the scope of the medical, osteopathic, | ||||||
15 | naturopathic, chiropractic , or
clinical studies for | ||||||
16 | which the holder was invited or appointed.
| ||||||
17 | (2) The application for the temporary visiting | ||||||
18 | resident permit shall be
made to the Department, in | ||||||
19 | writing, on forms prescribed by the Department,
and shall | ||||||
20 | be accompanied by the required fee established by rule. The
| ||||||
21 | application shall require information that, in the | ||||||
22 | judgment of the
Department, will enable the Department to | ||||||
23 | pass on the qualifications of
the applicant.
| ||||||
24 | (3) A temporary visiting resident permit shall be valid | ||||||
25 | for 180 days from
the date of issuance or until the time | ||||||
26 | the medical, osteopathic, naturopathic,
chiropractic, or |
| |||||||
| |||||||
1 | clinical studies are completed, whichever occurs first.
| ||||||
2 | (4) The applicant for a temporary visiting resident | ||||||
3 | permit may be
required to appear before the Licensing Board | ||||||
4 | for an interview
prior to, and as a requirement for, the | ||||||
5 | issuance of a temporary visiting
resident permit.
| ||||||
6 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
7 | (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| ||||||
8 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
9 | Sec. 19. Licensure by endorsement. The Department may, in | ||||||
10 | its
discretion,
issue a license by endorsement to any person | ||||||
11 | who is currently licensed
to practice medicine in all of its | ||||||
12 | branches, a naturopathic physician,
or a chiropractic | ||||||
13 | physician, in any other state,
territory, country or province, | ||||||
14 | upon the following
conditions and submitting evidence | ||||||
15 | satisfactory to the Department of the following:
| ||||||
16 | (A) (Blank);
| ||||||
17 | (B) That the applicant is of good moral character. In
| ||||||
18 | determining moral character under this Section, the
| ||||||
19 | Department may take into consideration whether the | ||||||
20 | applicant
has engaged in conduct or activities which would | ||||||
21 | constitute
grounds for discipline under this Act. The | ||||||
22 | Department may
also request the applicant to submit, and | ||||||
23 | may consider as
evidence of moral character, endorsements | ||||||
24 | from 2 or 3
individuals licensed under this Act;
| ||||||
25 | (C) That the applicant is physically, mentally and
|
| |||||||
| |||||||
1 | professionally capable of practicing medicine with
| ||||||
2 | reasonable judgment, skill and safety. In determining
| ||||||
3 | physical, mental and professional capacity under this
| ||||||
4 | Section the Licensing Board may, upon a showing of
a | ||||||
5 | possible incapacity, compel an applicant to submit to a
| ||||||
6 | mental or physical examination and evaluation, or both, in | ||||||
7 | the same manner as provided in Section 22 and may condition
| ||||||
8 | or restrict any license, subject to the same terms and
| ||||||
9 | conditions as are provided for the Disciplinary
Board under | ||||||
10 | Section 22 of this Act.
| ||||||
11 | (D) That if the applicant seeks to practice medicine
in | ||||||
12 | all of its branches:
| ||||||
13 | (1) if the applicant was licensed in another | ||||||
14 | jurisdiction prior to
January
1,
1988, that the | ||||||
15 | applicant has satisfied the educational
requirements | ||||||
16 | of paragraph (1) of subsection (A) or paragraph (2) of
| ||||||
17 | subsection (A) of Section 11 of
this Act; or
| ||||||
18 | (2) if the applicant was licensed in another | ||||||
19 | jurisdiction after December
31,
1987, that the | ||||||
20 | applicant has
satisfied the educational requirements | ||||||
21 | of paragraph (A)(2)
of Section 11 of this Act; and
| ||||||
22 | (3) the requirements for a license to practice
| ||||||
23 | medicine in all of its branches in the particular | ||||||
24 | state,
territory, country or province in which the | ||||||
25 | applicant is
licensed are deemed by the Department to | ||||||
26 | have been
substantially equivalent to the requirements |
| |||||||
| |||||||
1 | for a license
to practice medicine in all of its | ||||||
2 | branches in force in this
State at the date of the | ||||||
3 | applicant's license;
| ||||||
4 | (E) That if the applicant seeks to treat human
ailments | ||||||
5 | without the use of drugs and without operative
surgery:
| ||||||
6 | (1) the applicant is a graduate of a chiropractic | ||||||
7 | or naturopathic
school or college approved by the | ||||||
8 | Department at the time of
their graduation;
| ||||||
9 | (2) the requirements for the applicant's license | ||||||
10 | to
practice the treatment of human ailments without the | ||||||
11 | use of
drugs are deemed by the Department to have been
| ||||||
12 | substantially equivalent to the requirements for a | ||||||
13 | license
to practice in this State at the date of the | ||||||
14 | applicant's
license;
| ||||||
15 | (E-5) That if the applicant seeks to practice | ||||||
16 | naturopathic medicine: | ||||||
17 | (1) the applicant is a graduate of a naturopathic | ||||||
18 | school or college approved by the Department at the | ||||||
19 | time of
their graduation; and | ||||||
20 | (2) the requirements for the applicant's license | ||||||
21 | to
practice naturopathic medicine are deemed by the | ||||||
22 | Department to have been
substantially equivalent to | ||||||
23 | the requirements for a license
to practice in this | ||||||
24 | State at the date of the applicant's
license; | ||||||
25 | (F) That the Department may, in its discretion, issue a
| ||||||
26 | license by endorsement to any graduate of a
medical or |
| |||||||
| |||||||
1 | osteopathic college, reputable and
in good standing in the
| ||||||
2 | judgment of the Department, who has passed an examination
| ||||||
3 | for admission to the United States Public Health Service, | ||||||
4 | or
who has passed any other examination deemed by the
| ||||||
5 | Department to have been at least equal in all substantial
| ||||||
6 | respects to the examination required for admission to any
| ||||||
7 | such medical corps;
| ||||||
8 | (G) That applications for licenses by endorsement
| ||||||
9 | shall be filed with the Department, under oath, on forms
| ||||||
10 | prepared and furnished by the Department, and shall set
| ||||||
11 | forth, and applicants therefor shall supply such | ||||||
12 | information
respecting the life, education, professional | ||||||
13 | practice, and
moral character of applicants as the | ||||||
14 | Department may require
to be filed for its use;
| ||||||
15 | (H) That the applicant undergo
the criminal background | ||||||
16 | check established under Section 9.7 of this Act.
| ||||||
17 | In the exercise of its discretion under this Section,
the | ||||||
18 | Department is empowered to consider and evaluate each
applicant | ||||||
19 | on an individual basis. It may take into account,
among other | ||||||
20 | things: the extent to which the applicant will bring unique | ||||||
21 | experience and skills to the State of Illinois or the extent to | ||||||
22 | which there is or is not
available to the Department authentic | ||||||
23 | and definitive
information concerning the quality of medical | ||||||
24 | education and
clinical training which the applicant has had. | ||||||
25 | Under no
circumstances shall a license be issued under the | ||||||
26 | provisions
of this Section to any person who has previously |
| |||||||
| |||||||
1 | taken and
failed the written examination conducted by the | ||||||
2 | Department
for such license. In the exercise of its discretion | ||||||
3 | under this Section, the Department may require an applicant to | ||||||
4 | successfully complete an examination as recommended by the | ||||||
5 | Licensing Board. The Department may
also request the applicant | ||||||
6 | to submit, and may consider as
evidence of moral character, | ||||||
7 | evidence from 2 or 3
individuals licensed under this Act.
| ||||||
8 | Applicants have 3 years from the date of application to | ||||||
9 | complete the
application process. If the process has not been | ||||||
10 | completed within 3 years, the
application shall be denied, the | ||||||
11 | fees shall be forfeited, and the applicant
must reapply and | ||||||
12 | meet the requirements in effect at the time of
reapplication.
| ||||||
13 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
14 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
15 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
16 | Sec. 22. Disciplinary action.
| ||||||
17 | (A) The Department may revoke, suspend, place on probation, | ||||||
18 | reprimand, refuse to issue or renew, or take any other | ||||||
19 | disciplinary or non-disciplinary action as the Department may | ||||||
20 | deem proper
with regard to the license or permit of any person | ||||||
21 | issued
under this Act, including imposing fines not to exceed | ||||||
22 | $10,000 for each violation, upon any of the following grounds:
| ||||||
23 | (1) Performance of an elective abortion in any place, | ||||||
24 | locale,
facility, or
institution other than:
| ||||||
25 | (a) a facility licensed pursuant to the Ambulatory |
| |||||||
| |||||||
1 | Surgical Treatment
Center Act;
| ||||||
2 | (b) an institution licensed under the Hospital | ||||||
3 | Licensing Act;
| ||||||
4 | (c) an ambulatory surgical treatment center or | ||||||
5 | hospitalization or care
facility maintained by the | ||||||
6 | State or any agency thereof, where such department
or | ||||||
7 | agency has authority under law to establish and enforce | ||||||
8 | standards for the
ambulatory surgical treatment | ||||||
9 | centers, hospitalization, or care facilities
under its | ||||||
10 | management and control;
| ||||||
11 | (d) ambulatory surgical treatment centers, | ||||||
12 | hospitalization or care
facilities maintained by the | ||||||
13 | Federal Government; or
| ||||||
14 | (e) ambulatory surgical treatment centers, | ||||||
15 | hospitalization or care
facilities maintained by any | ||||||
16 | university or college established under the laws
of | ||||||
17 | this State and supported principally by public funds | ||||||
18 | raised by
taxation.
| ||||||
19 | (2) Performance of an abortion procedure in a wilful | ||||||
20 | and wanton
manner on a
woman who was not pregnant at the | ||||||
21 | time the abortion procedure was
performed.
| ||||||
22 | (3) A plea of guilty or nolo contendere, finding of | ||||||
23 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
24 | including, but not limited to, convictions, preceding | ||||||
25 | sentences of supervision, conditional discharge, or first | ||||||
26 | offender probation, under the laws of any jurisdiction of |
| |||||||
| |||||||
1 | the United States of any crime that is a felony.
| ||||||
2 | (4) Gross negligence in practice under this Act.
| ||||||
3 | (5) Engaging in dishonorable, unethical or | ||||||
4 | unprofessional
conduct of a
character likely to deceive, | ||||||
5 | defraud or harm the public.
| ||||||
6 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
7 | misrepresentation.
| ||||||
8 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
9 | in law
as
controlled substances, of alcohol, or of any | ||||||
10 | other substances which results in
the inability to practice | ||||||
11 | with reasonable judgment, skill or safety.
| ||||||
12 | (8) Practicing under a false or, except as provided by | ||||||
13 | law, an
assumed
name.
| ||||||
14 | (9) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a
license
under this Act or in connection with | ||||||
16 | applying for renewal of a license under
this Act.
| ||||||
17 | (10) Making a false or misleading statement regarding | ||||||
18 | their
skill or the
efficacy or value of the medicine, | ||||||
19 | treatment, or remedy prescribed by them at
their direction | ||||||
20 | in the treatment of any disease or other condition of the | ||||||
21 | body
or mind.
| ||||||
22 | (11) Allowing another person or organization to use | ||||||
23 | their
license, procured
under this Act, to practice.
| ||||||
24 | (12) Adverse action taken by another state or | ||||||
25 | jurisdiction
against a license
or other authorization to | ||||||
26 | practice as a medical doctor, doctor of osteopathy,
doctor |
| |||||||
| |||||||
1 | of osteopathic medicine , doctor of naturopathic medicine, | ||||||
2 | or
doctor of chiropractic, a certified copy of the record | ||||||
3 | of the action taken by
the other state or jurisdiction | ||||||
4 | being prima facie evidence thereof. This includes any | ||||||
5 | adverse action taken by a State or federal agency that | ||||||
6 | prohibits a medical doctor, doctor of osteopathy, doctor of | ||||||
7 | osteopathic medicine, or doctor of chiropractic from | ||||||
8 | providing services to the agency's participants.
| ||||||
9 | (13) Violation of any provision of this Act or of the | ||||||
10 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
11 | violation of the rules, or a final
administrative action of | ||||||
12 | the Secretary, after consideration of the
recommendation | ||||||
13 | of the Disciplinary Board.
| ||||||
14 | (14) Violation of the prohibition against fee | ||||||
15 | splitting in Section 22.2 of this Act.
| ||||||
16 | (15) A finding by the Disciplinary Board that the
| ||||||
17 | registrant after
having his or her license placed on | ||||||
18 | probationary status or subjected to
conditions or | ||||||
19 | restrictions violated the terms of the probation or failed | ||||||
20 | to
comply with such terms or conditions.
| ||||||
21 | (16) Abandonment of a patient.
| ||||||
22 | (17) Prescribing, selling, administering, | ||||||
23 | distributing, giving
or
self-administering any drug | ||||||
24 | classified as a controlled substance (designated
product) | ||||||
25 | or narcotic for other than medically accepted therapeutic
| ||||||
26 | purposes.
|
| |||||||
| |||||||
1 | (18) Promotion of the sale of drugs, devices, | ||||||
2 | appliances or
goods provided
for a patient in such manner | ||||||
3 | as to exploit the patient for financial gain of
the | ||||||
4 | physician.
| ||||||
5 | (19) Offering, undertaking or agreeing to cure or treat
| ||||||
6 | disease by a secret
method, procedure, treatment or | ||||||
7 | medicine, or the treating, operating or
prescribing for any | ||||||
8 | human condition by a method, means or procedure which the
| ||||||
9 | licensee refuses to divulge upon demand of the Department.
| ||||||
10 | (20) Immoral conduct in the commission of any act | ||||||
11 | including,
but not limited to, commission of an act of | ||||||
12 | sexual misconduct related to the
licensee's
practice.
| ||||||
13 | (21) Wilfully making or filing false records or reports | ||||||
14 | in his
or her
practice as a physician, including, but not | ||||||
15 | limited to, false records to
support claims against the | ||||||
16 | medical assistance program of the Department of Healthcare | ||||||
17 | and Family Services (formerly Department of
Public Aid)
| ||||||
18 | under the Illinois Public Aid Code.
| ||||||
19 | (22) Wilful omission to file or record, or wilfully | ||||||
20 | impeding
the filing or
recording, or inducing another | ||||||
21 | person to omit to file or record, medical
reports as | ||||||
22 | required by law, or wilfully failing to report an instance | ||||||
23 | of
suspected abuse or neglect as required by law.
| ||||||
24 | (23) Being named as a perpetrator in an indicated | ||||||
25 | report by
the Department
of Children and Family Services | ||||||
26 | under the Abused and Neglected Child Reporting
Act, and |
| |||||||
| |||||||
1 | upon proof by clear and convincing evidence that the | ||||||
2 | licensee has
caused a child to be an abused child or | ||||||
3 | neglected child as defined in the
Abused and Neglected | ||||||
4 | Child Reporting Act.
| ||||||
5 | (24) Solicitation of professional patronage by any
| ||||||
6 | corporation, agents or
persons, or profiting from those | ||||||
7 | representing themselves to be agents of the
licensee.
| ||||||
8 | (25) Gross and wilful and continued overcharging for
| ||||||
9 | professional services,
including filing false statements | ||||||
10 | for collection of fees for which services are
not rendered, | ||||||
11 | including, but not limited to, filing such false statements | ||||||
12 | for
collection of monies for services not rendered from the | ||||||
13 | medical assistance
program of the Department of Healthcare | ||||||
14 | and Family Services (formerly Department of Public Aid)
| ||||||
15 | under the Illinois Public Aid
Code.
| ||||||
16 | (26) A pattern of practice or other behavior which
| ||||||
17 | demonstrates
incapacity
or incompetence to practice under | ||||||
18 | this Act.
| ||||||
19 | (27) Mental illness or disability which results in the
| ||||||
20 | inability to
practice under this Act with reasonable | ||||||
21 | judgment, skill or safety.
| ||||||
22 | (28) Physical illness, including, but not limited to,
| ||||||
23 | deterioration through
the aging process, or loss of motor | ||||||
24 | skill which results in a physician's
inability to practice | ||||||
25 | under this Act with reasonable judgment, skill or
safety.
| ||||||
26 | (29) Cheating on or attempt to subvert the licensing
|
| |||||||
| |||||||
1 | examinations
administered under this Act.
| ||||||
2 | (30) Wilfully or negligently violating the | ||||||
3 | confidentiality
between
physician and patient except as | ||||||
4 | required by law.
| ||||||
5 | (31) The use of any false, fraudulent, or deceptive | ||||||
6 | statement
in any
document connected with practice under | ||||||
7 | this Act.
| ||||||
8 | (32) Aiding and abetting an individual not licensed | ||||||
9 | under this
Act in the
practice of a profession licensed | ||||||
10 | under this Act.
| ||||||
11 | (33) Violating state or federal laws or regulations | ||||||
12 | relating
to controlled
substances, legend
drugs, or | ||||||
13 | ephedra as defined in the Ephedra Prohibition Act.
| ||||||
14 | (34) Failure to report to the Department any adverse | ||||||
15 | final
action taken
against them by another licensing | ||||||
16 | jurisdiction (any other state or any
territory of the | ||||||
17 | United States or any foreign state or country), by any peer
| ||||||
18 | review body, by any health care institution, by any | ||||||
19 | professional society or
association related to practice | ||||||
20 | under this Act, by any governmental agency, by
any law | ||||||
21 | enforcement agency, or by any court for acts or conduct | ||||||
22 | similar to acts
or conduct which would constitute grounds | ||||||
23 | for action as defined in this
Section.
| ||||||
24 | (35) Failure to report to the Department surrender of a
| ||||||
25 | license or
authorization to practice as a medical doctor, a | ||||||
26 | doctor of osteopathy, a
doctor of osteopathic medicine, a |
| |||||||
| |||||||
1 | doctor of naturopathic medicine, or doctor
of chiropractic | ||||||
2 | in another state or jurisdiction, or surrender of | ||||||
3 | membership on
any medical staff or in any medical or | ||||||
4 | professional association or society,
while under | ||||||
5 | disciplinary investigation by any of those authorities or | ||||||
6 | bodies,
for acts or conduct similar to acts or conduct | ||||||
7 | which would constitute grounds
for action as defined in | ||||||
8 | this Section.
| ||||||
9 | (36) Failure to report to the Department any adverse | ||||||
10 | judgment,
settlement,
or award arising from a liability | ||||||
11 | claim related to acts or conduct similar to
acts or conduct | ||||||
12 | which would constitute grounds for action as defined in | ||||||
13 | this
Section.
| ||||||
14 | (37) Failure to provide copies of medical records as | ||||||
15 | required
by law.
| ||||||
16 | (38) Failure to furnish the Department, its | ||||||
17 | investigators or
representatives, relevant information, | ||||||
18 | legally requested by the Department
after consultation | ||||||
19 | with the Chief Medical Coordinator or the Deputy Medical
| ||||||
20 | Coordinator.
| ||||||
21 | (39) Violating the Health Care Worker Self-Referral
| ||||||
22 | Act.
| ||||||
23 | (40) Willful failure to provide notice when notice is | ||||||
24 | required
under the
Parental Notice of Abortion Act of 1995.
| ||||||
25 | (41) Failure to establish and maintain records of | ||||||
26 | patient care and
treatment as required by this law.
|
| |||||||
| |||||||
1 | (42) Entering into an excessive number of written | ||||||
2 | collaborative
agreements with licensed advanced practice | ||||||
3 | nurses resulting in an inability to
adequately | ||||||
4 | collaborate.
| ||||||
5 | (43) Repeated failure to adequately collaborate with a | ||||||
6 | licensed advanced practice nurse. | ||||||
7 | (44) Violating the Compassionate Use of Medical | ||||||
8 | Cannabis Pilot Program Act.
| ||||||
9 | (45) Entering into an excessive number of written | ||||||
10 | collaborative agreements with licensed prescribing | ||||||
11 | psychologists resulting in an inability to adequately | ||||||
12 | collaborate. | ||||||
13 | (46) Repeated failure to adequately collaborate with a | ||||||
14 | licensed prescribing psychologist. | ||||||
15 | Except
for actions involving the ground numbered (26), all | ||||||
16 | proceedings to suspend,
revoke, place on probationary status, | ||||||
17 | or take any
other disciplinary action as the Department may | ||||||
18 | deem proper, with regard to a
license on any of the foregoing | ||||||
19 | grounds, must be commenced within 5 years next
after receipt by | ||||||
20 | the Department of a complaint alleging the commission of or
| ||||||
21 | notice of the conviction order for any of the acts described | ||||||
22 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
23 | (29), no action shall be commenced more
than 10 years after the | ||||||
24 | date of the incident or act alleged to have violated
this | ||||||
25 | Section. For actions involving the ground numbered (26), a | ||||||
26 | pattern of practice or other behavior includes all incidents |
| |||||||
| |||||||
1 | alleged to be part of the pattern of practice or other behavior | ||||||
2 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
3 | received, within the 10-year period preceding the filing of the | ||||||
4 | complaint. In the event of the settlement of any claim or cause | ||||||
5 | of action
in favor of the claimant or the reduction to final | ||||||
6 | judgment of any civil action
in favor of the plaintiff, such | ||||||
7 | claim, cause of action or civil action being
grounded on the | ||||||
8 | allegation that a person licensed under this Act was negligent
| ||||||
9 | in providing care, the Department shall have an additional | ||||||
10 | period of 2 years
from the date of notification to the | ||||||
11 | Department under Section 23 of this Act
of such settlement or | ||||||
12 | final judgment in which to investigate and
commence formal | ||||||
13 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
14 | as otherwise provided by law. The time during which the holder | ||||||
15 | of the license
was outside the State of Illinois shall not be | ||||||
16 | included within any period of
time limiting the commencement of | ||||||
17 | disciplinary action by the Department.
| ||||||
18 | The entry of an order or judgment by any circuit court | ||||||
19 | establishing that any
person holding a license under this Act | ||||||
20 | is a person in need of mental treatment
operates as a | ||||||
21 | suspension of that license. That person may resume their
| ||||||
22 | practice only upon the entry of a Departmental order based upon | ||||||
23 | a finding by
the Disciplinary Board that they have been | ||||||
24 | determined to be recovered
from mental illness by the court and | ||||||
25 | upon the Disciplinary Board's
recommendation that they be | ||||||
26 | permitted to resume their practice.
|
| |||||||
| |||||||
1 | The Department may refuse to issue or take disciplinary | ||||||
2 | action concerning the license of any person
who fails to file a | ||||||
3 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
4 | return, or to pay any final assessment of tax, penalty or | ||||||
5 | interest, as
required by any tax Act administered by the | ||||||
6 | Illinois Department of Revenue,
until such time as the | ||||||
7 | requirements of any such tax Act are satisfied as
determined by | ||||||
8 | the Illinois Department of Revenue.
| ||||||
9 | The Department, upon the recommendation of the | ||||||
10 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
11 | to be used in determining:
| ||||||
12 | (a) when a person will be deemed sufficiently | ||||||
13 | rehabilitated to warrant the
public trust;
| ||||||
14 | (b) what constitutes dishonorable, unethical or | ||||||
15 | unprofessional conduct of
a character likely to deceive, | ||||||
16 | defraud, or harm the public;
| ||||||
17 | (c) what constitutes immoral conduct in the commission | ||||||
18 | of any act,
including, but not limited to, commission of an | ||||||
19 | act of sexual misconduct
related
to the licensee's | ||||||
20 | practice; and
| ||||||
21 | (d) what constitutes gross negligence in the practice | ||||||
22 | of medicine.
| ||||||
23 | However, no such rule shall be admissible into evidence in | ||||||
24 | any civil action
except for review of a licensing or other | ||||||
25 | disciplinary action under this Act.
| ||||||
26 | In enforcing this Section, the Disciplinary Board or the |
| |||||||
| |||||||
1 | Licensing Board,
upon a showing of a possible violation, may | ||||||
2 | compel, in the case of the Disciplinary Board, any individual | ||||||
3 | who is licensed to
practice under this Act or holds a permit to | ||||||
4 | practice under this Act, or, in the case of the Licensing | ||||||
5 | Board, any individual who has applied for licensure or a permit
| ||||||
6 | pursuant to this Act, to submit to a mental or physical | ||||||
7 | examination and evaluation, or both,
which may include a | ||||||
8 | substance abuse or sexual offender evaluation, as required by | ||||||
9 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
10 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
11 | specifically designate the examining physician licensed to | ||||||
12 | practice medicine in all of its branches or, if applicable, the | ||||||
13 | multidisciplinary team involved in providing the mental or | ||||||
14 | physical examination and evaluation, or both. The | ||||||
15 | multidisciplinary team shall be led by a physician licensed to | ||||||
16 | practice medicine in all of its branches and may consist of one | ||||||
17 | or more or a combination of physicians licensed to practice | ||||||
18 | medicine in all of its branches, licensed chiropractic | ||||||
19 | physicians, licensed naturopathic physicians, licensed | ||||||
20 | clinical psychologists, licensed clinical social workers, | ||||||
21 | licensed clinical professional counselors, and other | ||||||
22 | professional and administrative staff. Any examining physician | ||||||
23 | or member of the multidisciplinary team may require any person | ||||||
24 | ordered to submit to an examination and evaluation pursuant to | ||||||
25 | this Section to submit to any additional supplemental testing | ||||||
26 | deemed necessary to complete any examination or evaluation |
| |||||||
| |||||||
1 | process, including, but not limited to, blood testing, | ||||||
2 | urinalysis, psychological testing, or neuropsychological | ||||||
3 | testing.
The Disciplinary Board, the Licensing Board, or the | ||||||
4 | Department may order the examining
physician or any member of | ||||||
5 | the multidisciplinary team to provide to the Department, the | ||||||
6 | Disciplinary Board, or the Licensing Board any and all records, | ||||||
7 | including business records, that relate to the examination and | ||||||
8 | evaluation, including any supplemental testing performed. The | ||||||
9 | Disciplinary Board, the Licensing Board, or the Department may | ||||||
10 | order the examining physician or any member of the | ||||||
11 | multidisciplinary team to present testimony concerning this | ||||||
12 | examination
and evaluation of the licensee, permit holder, or | ||||||
13 | applicant, including testimony concerning any supplemental | ||||||
14 | testing or documents relating to the examination and | ||||||
15 | evaluation. No information, report, record, or other documents | ||||||
16 | in any way related to the examination and evaluation shall be | ||||||
17 | excluded by reason of
any common
law or statutory privilege | ||||||
18 | relating to communication between the licensee, permit holder, | ||||||
19 | or
applicant and
the examining physician or any member of the | ||||||
20 | multidisciplinary team.
No authorization is necessary from the | ||||||
21 | licensee, permit holder, or applicant ordered to undergo an | ||||||
22 | evaluation and examination for the examining physician or any | ||||||
23 | member of the multidisciplinary team to provide information, | ||||||
24 | reports, records, or other documents or to provide any | ||||||
25 | testimony regarding the examination and evaluation. The | ||||||
26 | individual to be examined may have, at his or her own expense, |
| |||||||
| |||||||
1 | another
physician of his or her choice present during all | ||||||
2 | aspects of the examination.
Failure of any individual to submit | ||||||
3 | to mental or physical examination and evaluation, or both, when
| ||||||
4 | directed, shall result in an automatic suspension, without | ||||||
5 | hearing, until such time
as the individual submits to the | ||||||
6 | examination. If the Disciplinary Board or Licensing Board finds | ||||||
7 | a physician unable
to practice following an examination and | ||||||
8 | evaluation because of the reasons set forth in this Section, | ||||||
9 | the Disciplinary
Board or Licensing Board shall require such | ||||||
10 | physician to submit to care, counseling, or treatment
by | ||||||
11 | physicians, or other health care professionals, approved or | ||||||
12 | designated by the Disciplinary Board, as a condition
for | ||||||
13 | issued, continued, reinstated, or renewed licensure to | ||||||
14 | practice. Any physician,
whose license was granted pursuant to | ||||||
15 | Sections 9, 17, or 19 of this Act, or,
continued, reinstated, | ||||||
16 | renewed, disciplined or supervised, subject to such
terms, | ||||||
17 | conditions or restrictions who shall fail to comply with such | ||||||
18 | terms,
conditions or restrictions, or to complete a required | ||||||
19 | program of care,
counseling, or treatment, as determined by the | ||||||
20 | Chief Medical Coordinator or
Deputy Medical Coordinators, | ||||||
21 | shall be referred to the Secretary for a
determination as to | ||||||
22 | whether the licensee shall have their license suspended
| ||||||
23 | immediately, pending a hearing by the Disciplinary Board. In | ||||||
24 | instances in
which the Secretary immediately suspends a license | ||||||
25 | under this Section, a hearing
upon such person's license must | ||||||
26 | be convened by the Disciplinary Board within 15
days after such |
| |||||||
| |||||||
1 | suspension and completed without appreciable delay. The
| ||||||
2 | Disciplinary Board shall have the authority to review the | ||||||
3 | subject physician's
record of treatment and counseling | ||||||
4 | regarding the impairment, to the extent
permitted by applicable | ||||||
5 | federal statutes and regulations safeguarding the
| ||||||
6 | confidentiality of medical records.
| ||||||
7 | An individual licensed under this Act, affected under this | ||||||
8 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
9 | Disciplinary Board that they can
resume practice in compliance | ||||||
10 | with acceptable and prevailing standards under
the provisions | ||||||
11 | of their license.
| ||||||
12 | The Department may promulgate rules for the imposition of | ||||||
13 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
14 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
15 | other forms of disciplinary action, but
shall not be the | ||||||
16 | exclusive disposition of any disciplinary action arising out
of | ||||||
17 | conduct resulting in death or injury to a patient. Any funds | ||||||
18 | collected from
such fines shall be deposited in the Medical | ||||||
19 | Disciplinary Fund.
| ||||||
20 | All fines imposed under this Section shall be paid within | ||||||
21 | 60 days after the effective date of the order imposing the fine | ||||||
22 | or in accordance with the terms set forth in the order imposing | ||||||
23 | the fine. | ||||||
24 | (B) The Department shall revoke the license or
permit | ||||||
25 | issued under this Act to practice medicine , a naturopathic | ||||||
26 | physician, or a chiropractic physician who
has been convicted a |
| |||||||
| |||||||
1 | second time of committing any felony under the
Illinois | ||||||
2 | Controlled Substances Act or the Methamphetamine Control and | ||||||
3 | Community Protection Act, or who has been convicted a second | ||||||
4 | time of
committing a Class 1 felony under Sections 8A-3 and | ||||||
5 | 8A-6 of the Illinois Public
Aid Code. A person whose license or | ||||||
6 | permit is revoked
under
this subsection B shall be prohibited | ||||||
7 | from practicing
medicine or treating human ailments without the | ||||||
8 | use of drugs and without
operative surgery.
| ||||||
9 | (C) The Department shall not revoke, suspend, place on | ||||||
10 | probation, reprimand, refuse to issue or renew, or take any | ||||||
11 | other disciplinary or non-disciplinary action against the | ||||||
12 | license or permit issued under this Act to practice medicine to | ||||||
13 | a physician based solely upon the recommendation of the | ||||||
14 | physician to an eligible patient regarding, or prescription | ||||||
15 | for, or treatment with, an investigational drug, biological | ||||||
16 | product, or device. | ||||||
17 | (D) The Disciplinary Board shall recommend to the
| ||||||
18 | Department civil
penalties and any other appropriate | ||||||
19 | discipline in disciplinary cases when the
Board finds that a | ||||||
20 | physician willfully performed an abortion with actual
| ||||||
21 | knowledge that the person upon whom the abortion has been | ||||||
22 | performed is a minor
or an incompetent person without notice as | ||||||
23 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
24 | Upon the Board's recommendation, the Department shall
impose, | ||||||
25 | for the first violation, a civil penalty of $1,000 and for a | ||||||
26 | second or
subsequent violation, a civil penalty of $5,000.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14; | ||||||
2 | 98-1140, eff. 12-30-14; 99-270, eff. 1-1-16 .)
| ||||||
3 | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| ||||||
4 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
5 | Sec. 24. Report of violations; medical associations. | ||||||
6 | (a) Any physician
licensed under this Act, the
Illinois | ||||||
7 | State Medical Society, the Illinois Association of
Osteopathic | ||||||
8 | Physicians and Surgeons, the Illinois
Chiropractic Society, | ||||||
9 | the Illinois Prairie State Chiropractic Association, the | ||||||
10 | Illinois Association of Naturopathic Physicians,
or any | ||||||
11 | component societies of any of
these 4 groups, and any other | ||||||
12 | person, may report to the
Disciplinary Board any information | ||||||
13 | the physician,
association, society, or person may have that | ||||||
14 | appears to
show that a physician is or may be in violation of | ||||||
15 | any of
the provisions of Section 22 of this Act.
| ||||||
16 | (b) The Department may enter into agreements with the
| ||||||
17 | Illinois State Medical Society, the Illinois Association of
| ||||||
18 | Osteopathic Physicians and Surgeons, the Illinois Prairie | ||||||
19 | State Chiropractic
Association, or the Illinois
Chiropractic | ||||||
20 | Society , or the Illinois Association of Naturopathic | ||||||
21 | Physicians to allow these
organizations to assist the | ||||||
22 | Disciplinary Board in the review
of alleged violations of this | ||||||
23 | Act. Subject to the approval
of the Department, any | ||||||
24 | organization party to such an
agreement may subcontract with | ||||||
25 | other individuals or
organizations to assist in review.
|
| |||||||
| |||||||
1 | (c) Any physician, association, society, or person
| ||||||
2 | participating in good faith in the making of a report under
| ||||||
3 | this Act or participating in or assisting with an
investigation | ||||||
4 | or review under this Act shall have
immunity from any civil, | ||||||
5 | criminal, or other liability that might result by reason of | ||||||
6 | those actions.
| ||||||
7 | (d) The medical information in the custody of an entity
| ||||||
8 | under contract with the Department participating in an
| ||||||
9 | investigation or review shall be privileged and confidential
to | ||||||
10 | the same extent as are information and reports under the
| ||||||
11 | provisions of Part 21 of Article VIII of the Code of Civil
| ||||||
12 | Procedure.
| ||||||
13 | (e) Upon request by the Department after a mandatory report | ||||||
14 | has been filed with the Department, an attorney for any party | ||||||
15 | seeking to recover damages for
injuries or death by reason of | ||||||
16 | medical, hospital, or other healing art
malpractice shall | ||||||
17 | provide patient records related to the physician involved in | ||||||
18 | the disciplinary proceeding to the Department within 30 days of | ||||||
19 | the Department's request for use by the Department in any | ||||||
20 | disciplinary matter under this Act. An attorney who provides | ||||||
21 | patient records to the Department in accordance with this | ||||||
22 | requirement shall not be deemed to have violated any | ||||||
23 | attorney-client privilege. Notwithstanding any other provision | ||||||
24 | of law, consent by a patient shall not be required for the | ||||||
25 | provision of patient records in accordance with this | ||||||
26 | requirement.
|
| |||||||
| |||||||
1 | (f) For the purpose of any civil or criminal proceedings,
| ||||||
2 | the good faith of any physician, association, society
or person | ||||||
3 | shall be presumed.
| ||||||
4 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
5 | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
| ||||||
6 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
7 | Sec. 33. Legend drugs. | ||||||
8 | (a) Any person licensed under this Act to practice medicine | ||||||
9 | in all
of its branches shall be authorized to purchase legend | ||||||
10 | drugs requiring an
order of a person authorized to prescribe | ||||||
11 | drugs, and to dispense such legend
drugs in the regular course | ||||||
12 | of practicing medicine. The dispensing of such
legend drugs | ||||||
13 | shall be the personal act of the person licensed under this
Act | ||||||
14 | and may not be delegated to any other person not licensed under | ||||||
15 | this
Act or the Pharmacy Practice Act
unless such delegated
| ||||||
16 | dispensing functions are under the direct supervision of the | ||||||
17 | physician
authorized to dispense legend drugs. Except when | ||||||
18 | dispensing manufacturers'
samples or other legend drugs in a | ||||||
19 | maximum 72 hour supply, persons licensed
under this Act shall | ||||||
20 | maintain a book or file of prescriptions as required
in the | ||||||
21 | Pharmacy Practice Act. Any person licensed under this
Act who | ||||||
22 | dispenses any drug or medicine shall dispense such drug or
| ||||||
23 | medicine in good faith and shall affix to the box, bottle,
| ||||||
24 | vessel or package containing the same a label indicating (1)
| ||||||
25 | the date on which such drug or medicine is dispensed; (2)
the |
| |||||||
| |||||||
1 | name of the patient; (3) the last name of the person
dispensing | ||||||
2 | such drug or medicine; (4) the directions for use
thereof; and | ||||||
3 | (5) the proprietary name or names or, if there
are none, the | ||||||
4 | established name or names of the drug or
medicine, the dosage | ||||||
5 | and quantity, except as otherwise
authorized by regulation of | ||||||
6 | the Department.
| ||||||
7 | (b) The labeling requirements set forth in subsection (a) | ||||||
8 | shall
not apply to drugs or medicines in a package which bears | ||||||
9 | a label of the
manufacturer containing information describing | ||||||
10 | its contents
which is in compliance with requirements of the | ||||||
11 | Federal
Food, Drug, and Cosmetic Act and the Illinois Food, | ||||||
12 | Drug, and Cosmetic Act.
"Drug" and "medicine" have the meanings | ||||||
13 | ascribed to them in the Pharmacy Practice
Act, as now or | ||||||
14 | hereafter amended; "good faith" has the meaning
ascribed to it | ||||||
15 | in subsection (u) of Section 102 of the Illinois Controlled
| ||||||
16 | Substances Act.
| ||||||
17 | (c) Prior to dispensing a prescription to a patient, the | ||||||
18 | physician shall
offer a written prescription to the patient | ||||||
19 | which the patient may elect to
have filled by the physician or | ||||||
20 | any licensed pharmacy.
| ||||||
21 | (d) A violation of any provision of this Section shall | ||||||
22 | constitute a violation
of this Act and shall be grounds for | ||||||
23 | disciplinary action provided for in
this Act.
| ||||||
24 | (e) Nothing in this Section shall be construed to authorize | ||||||
25 | a chiropractic physician or naturopathic physician to | ||||||
26 | prescribe drugs. |
| |||||||
| |||||||
1 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
2 | (225 ILCS 60/34) (from Ch. 111, par. 4400-34)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2017)
| ||||||
4 | Sec. 34.
The provisions of this Act shall not be so
| ||||||
5 | construed nor shall they be so administered as to
discriminate | ||||||
6 | against any type or category of physician or
against any | ||||||
7 | medical, osteopathic , naturopathic, or chiropractic college.
| ||||||
8 | (Source: P.A. 85-4 .)
| ||||||
9 | Section 25. The Patients' Right to Know Act is amended by | ||||||
10 | changing Section 5 as follows:
| ||||||
11 | (225 ILCS 61/5)
| ||||||
12 | Sec. 5. Definitions. For purposes of this Act, the
| ||||||
13 | following definitions shall have the following meanings,
| ||||||
14 | except where the context requires otherwise: | ||||||
15 | "Department" means the Department of Financial and | ||||||
16 | Professional Regulation. | ||||||
17 | "Disciplinary Board" means the Medical Disciplinary
Board. | ||||||
18 | "Physician" means a person licensed under the
Medical | ||||||
19 | Practice Act of 1987 to practice medicine in all of its
| ||||||
20 | branches , a naturopathic physician, or a chiropractic | ||||||
21 | physician licensed to treat human
ailments without the use of | ||||||
22 | drugs and without
operative surgery. | ||||||
23 | "Secretary" means the Secretary of the Department of |
| |||||||
| |||||||
1 | Financial and Professional Regulation.
| ||||||
2 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
3 | Section 30. The Naprapathic Practice Act is amended by | ||||||
4 | changing Sections 25 and 110 as follows:
| ||||||
5 | (225 ILCS 63/25)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
7 | Sec. 25. Title and designation of licensed naprapaths. | ||||||
8 | Every person
to whom a valid existing license as a naprapath | ||||||
9 | has been issued under this
Act shall be designated | ||||||
10 | professionally a "naprapath", and not otherwise,
and any | ||||||
11 | licensed naprapath may, in connection with the
practice of
his | ||||||
12 | profession, use the title or designation of "naprapath", and, | ||||||
13 | if
entitled by degree from a college or university recognized | ||||||
14 | by the
Department, may use the title of "Doctor of
Naprapathy" | ||||||
15 | or the abbreviation "D.N.". When the name of the licensed
| ||||||
16 | naprapath is used professionally in oral, written, or
printed
| ||||||
17 | announcements, professional cards, or publications for the | ||||||
18 | information of
the public and is preceded by the title "Doctor" | ||||||
19 | or the abbreviation
"Dr.", the explanatory designation of | ||||||
20 | "naprapath", "naprapathy", "Doctor of
Naprapathy", or the | ||||||
21 | designation "D.N." shall be added immediately following
title | ||||||
22 | and name. When the announcement, professional cards, or
| ||||||
23 | publication is in writing or in print, the explanatory addition | ||||||
24 | shall be
in writing, type, or print not less than 1/2 the size |
| |||||||
| |||||||
1 | of that used in the
name and title. No person other than the | ||||||
2 | holder of a valid existing
license under this Act shall use the | ||||||
3 | title and designation of "Doctor of
Naprapathy", "D.N.", or | ||||||
4 | "naprapath", either directly or indirectly, in
connection with | ||||||
5 | his or her profession or business.
| ||||||
6 | A naprapath licensed under this Act shall not hold himself | ||||||
7 | or herself
out as a Doctor of Chiropractic or a Doctor of | ||||||
8 | Naturopathic Medicine unless he or she is licensed as a Doctor | ||||||
9 | of
Chiropractic or Doctor of Naturopathic Medicine under the | ||||||
10 | Medical Practice Act of 1987 or any successor Act.
| ||||||
11 | (Source: P.A. 97-778, eff. 7-13-12.)
| ||||||
12 | (225 ILCS 63/110)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
14 | Sec. 110. Grounds for disciplinary action; refusal, | ||||||
15 | revocation,
suspension. | ||||||
16 | (a) The Department may refuse to issue or to renew, or may | ||||||
17 | revoke, suspend,
place on probation, reprimand or take other | ||||||
18 | disciplinary or non-disciplinary action as
the
Department may | ||||||
19 | deem appropriate, including imposing fines not to exceed | ||||||
20 | $10,000 for each
violation, with regard to any licensee or | ||||||
21 | license for any one or
combination of
the
following causes:
| ||||||
22 | (1) Violations of this Act or of rules adopted under | ||||||
23 | this Act.
| ||||||
24 | (2) Material misstatement in furnishing information to | ||||||
25 | the Department.
|
| |||||||
| |||||||
1 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
2 | finding of guilt, jury verdict, or entry of judgment, or by | ||||||
3 | sentencing of any crime, including, but not limited to, | ||||||
4 | convictions, preceding sentences of supervision, | ||||||
5 | conditional discharge, or first offender probation, under | ||||||
6 | the laws of any jurisdiction of the United States: (i) that | ||||||
7 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
8 | element of which is dishonesty, or that is directly related | ||||||
9 | to the practice of the profession.
| ||||||
10 | (4) Fraud or any misrepresentation in applying for or | ||||||
11 | procuring a license under this Act or in connection with | ||||||
12 | applying for renewal of a license under this Act.
| ||||||
13 | (5) Professional incompetence or gross negligence.
| ||||||
14 | (6) Malpractice.
| ||||||
15 | (7) Aiding or assisting another person in violating any
| ||||||
16 | provision of
this Act or its rules.
| ||||||
17 | (8) Failing to provide information within 60 days in | ||||||
18 | response
to a
written request made by the Department.
| ||||||
19 | (9) Engaging in dishonorable, unethical, or | ||||||
20 | unprofessional
conduct of a
character likely to deceive, | ||||||
21 | defraud, or harm the public.
| ||||||
22 | (10) Habitual or excessive use or abuse of drugs | ||||||
23 | defined in law as controlled substances, alcohol, or any | ||||||
24 | other substance which results in the
inability to practice | ||||||
25 | with reasonable judgment, skill, or safety.
| ||||||
26 | (11) Discipline by another U.S. jurisdiction or |
| |||||||
| |||||||
1 | foreign
nation if at
least one of the grounds for the | ||||||
2 | discipline is the same or substantially
equivalent to those | ||||||
3 | set forth in this Act.
| ||||||
4 | (12) Directly or indirectly giving to or receiving from | ||||||
5 | any
person, firm,
corporation, partnership, or association | ||||||
6 | any fee, commission, rebate, or
other form of compensation | ||||||
7 | for any professional services not actually or
personally | ||||||
8 | rendered. This shall not be deemed to include rent or other
| ||||||
9 | remunerations paid to an individual, partnership, or | ||||||
10 | corporation by a
naprapath for the lease, rental, or use of | ||||||
11 | space, owned or controlled by
the individual, partnership, | ||||||
12 | corporation, or association. Nothing in this paragraph | ||||||
13 | (12) affects any bona fide independent contractor or | ||||||
14 | employment arrangements among health care professionals, | ||||||
15 | health facilities, health care providers, or other | ||||||
16 | entities, except as otherwise prohibited by law. Any | ||||||
17 | employment arrangements may include provisions for | ||||||
18 | compensation, health insurance, pension, or other | ||||||
19 | employment benefits for the provision of services within | ||||||
20 | the scope of the licensee's practice under this Act. | ||||||
21 | Nothing in this paragraph (12) shall be construed to | ||||||
22 | require an employment arrangement to receive professional | ||||||
23 | fees for services rendered.
| ||||||
24 | (13) Using the title "Doctor" or its abbreviation | ||||||
25 | without further
clarifying that title or abbreviation with | ||||||
26 | the word "naprapath" or "naprapathy"
or the designation |
| |||||||
| |||||||
1 | "D.N.".
| ||||||
2 | (14) A finding by the Department that the licensee, | ||||||
3 | after
having his
or her license placed on probationary | ||||||
4 | status, has violated the terms of
probation.
| ||||||
5 | (15) Abandonment of a patient without cause.
| ||||||
6 | (16) Willfully making or filing false records or | ||||||
7 | reports
relating to a licensee's
practice, including but | ||||||
8 | not limited to, false records filed with State
agencies or | ||||||
9 | departments.
| ||||||
10 | (17) Willfully failing to report an instance of | ||||||
11 | suspected
child abuse or
neglect as required by the Abused | ||||||
12 | and Neglected Child Reporting Act.
| ||||||
13 | (18) Physical or mental illness or disability, | ||||||
14 | including, but not limited to,
deterioration
through the | ||||||
15 | aging process or loss of motor skill that results in the
| ||||||
16 | inability to practice the profession with reasonable | ||||||
17 | judgment, skill,
or safety.
| ||||||
18 | (19) Solicitation of professional services by means | ||||||
19 | other
than
permitted advertising.
| ||||||
20 | (20) Failure to provide a patient with a copy of his or | ||||||
21 | her
record
upon the written request of the patient.
| ||||||
22 | (21) Cheating on or attempting to subvert the licensing | ||||||
23 | examination administered under this Act.
| ||||||
24 | (22) Allowing one's license under this Act to be used | ||||||
25 | by an unlicensed person in violation of this Act.
| ||||||
26 | (23) (Blank).
|
| |||||||
| |||||||
1 | (24) Being named as a perpetrator in an indicated | ||||||
2 | report by
the
Department of Children and Family Services | ||||||
3 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
4 | proof by clear and convincing evidence that the
licensee | ||||||
5 | has caused a child to be an abused child or a neglected | ||||||
6 | child as
defined in the Abused and Neglected Child | ||||||
7 | Reporting Act.
| ||||||
8 | (25) Practicing under a false or, except as provided by | ||||||
9 | law, an assumed name.
| ||||||
10 | (26) Immoral conduct in the commission of any act, such | ||||||
11 | as
sexual abuse,
sexual misconduct, or sexual | ||||||
12 | exploitation, related to the licensee's practice.
| ||||||
13 | (27) Maintaining a professional relationship with any | ||||||
14 | person,
firm, or
corporation when the naprapath knows, or | ||||||
15 | should know, that the person,
firm, or corporation is | ||||||
16 | violating this Act.
| ||||||
17 | (28) Promotion of the sale of food supplements, | ||||||
18 | devices,
appliances, or
goods provided for a client or | ||||||
19 | patient in such manner as to exploit the
patient or client | ||||||
20 | for financial gain of the licensee.
| ||||||
21 | (29) Having treated ailments of human beings other than | ||||||
22 | by
the
practice of naprapathy as defined in this Act, or | ||||||
23 | having treated ailments
of human beings as a licensed | ||||||
24 | naprapath independent of a documented
referral or | ||||||
25 | documented current and relevant diagnosis from a | ||||||
26 | physician,
dentist, or podiatric physician, or having |
| |||||||
| |||||||
1 | failed to notify the physician, dentist,
or podiatric | ||||||
2 | physician who established a documented current and | ||||||
3 | relevant
diagnosis that the patient is receiving | ||||||
4 | naprapathic treatment pursuant to
that diagnosis.
| ||||||
5 | (30) Use by a registered naprapath of the word | ||||||
6 | "infirmary",
"hospital",
"school", "university", in | ||||||
7 | English or any other language, in connection
with the place | ||||||
8 | where naprapathy may be practiced or demonstrated.
| ||||||
9 | (31) Continuance of a naprapath in the employ of any | ||||||
10 | person,
firm, or
corporation, or as an assistant to any | ||||||
11 | naprapath or naprapaths, directly or
indirectly, after his | ||||||
12 | or her employer or superior has been found guilty of
| ||||||
13 | violating or has been enjoined from violating the laws of | ||||||
14 | the State of
Illinois relating to the practice of | ||||||
15 | naprapathy when the employer or
superior persists in that | ||||||
16 | violation.
| ||||||
17 | (32) The performance of naprapathic service in | ||||||
18 | conjunction
with a scheme
or plan with another person, | ||||||
19 | firm, or corporation known to be advertising in
a manner | ||||||
20 | contrary to this Act or otherwise violating the laws of the | ||||||
21 | State
of Illinois concerning the practice of naprapathy.
| ||||||
22 | (33) Failure to provide satisfactory proof of having
| ||||||
23 | participated in
approved continuing education programs as | ||||||
24 | determined by and
approved by the Secretary. Exceptions for | ||||||
25 | extreme hardships are to be
defined by the rules of the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | (34) (Blank).
| ||||||
2 | (35) Gross or willful overcharging for
professional | ||||||
3 | services.
| ||||||
4 | (36) (Blank).
| ||||||
5 | All fines imposed under this Section shall be paid within | ||||||
6 | 60 days after the effective date of the order imposing the | ||||||
7 | fine. | ||||||
8 | (b) The Department may refuse to issue or may suspend | ||||||
9 | without hearing, as provided for in the Department of | ||||||
10 | Professional Regulation Law of the Civil Administrative Code, | ||||||
11 | the license of any person who fails to file a return, or pay | ||||||
12 | the tax, penalty, or interest shown in a filed return, or pay | ||||||
13 | any final assessment of the tax, penalty, or interest as | ||||||
14 | required by any tax Act administered by the Illinois Department | ||||||
15 | of Revenue, until such time as the requirements of any such tax | ||||||
16 | Act are satisfied in accordance with subsection (g) of Section | ||||||
17 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
18 | Civil Administrative Code of Illinois. | ||||||
19 | (c) The Department shall deny a license or renewal | ||||||
20 | authorized by this Act to a person who has defaulted on an | ||||||
21 | educational loan or scholarship provided or guaranteed by the | ||||||
22 | Illinois Student Assistance Commission or any governmental | ||||||
23 | agency of this State in accordance with item (5) of subsection | ||||||
24 | (a) of Section 2105-15 of the Department of Professional | ||||||
25 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
26 | (d) In cases where the Department of Healthcare and Family |
| |||||||
| |||||||
1 | Services has previously determined a licensee or a potential | ||||||
2 | licensee is more than 30 days delinquent in the payment of | ||||||
3 | child support and has subsequently certified the delinquency to | ||||||
4 | the Department, the Department may refuse to issue or renew or | ||||||
5 | may revoke or suspend that person's license or may take other | ||||||
6 | disciplinary action against that person based solely upon the | ||||||
7 | certification of delinquency made by the Department of | ||||||
8 | Healthcare and Family Services in accordance with item (5) of | ||||||
9 | subsection (a) of Section 2105-15 of the Department of | ||||||
10 | Professional Regulation Law of the Civil Administrative Code of | ||||||
11 | Illinois. | ||||||
12 | (e) The determination by a circuit court that a licensee is | ||||||
13 | subject to involuntary admission or judicial admission, as | ||||||
14 | provided in the Mental Health and Developmental Disabilities | ||||||
15 | Code, operates as an automatic suspension. The suspension shall | ||||||
16 | end only upon a finding by a court that the patient is no | ||||||
17 | longer subject to involuntary admission or judicial admission | ||||||
18 | and the issuance of an order so finding and discharging the | ||||||
19 | patient. | ||||||
20 | (f) In enforcing this Act, the Department, upon a showing | ||||||
21 | of a possible violation, may compel an individual licensed to | ||||||
22 | practice under this Act, or who has applied for licensure under | ||||||
23 | this Act, to submit to a mental or physical examination and | ||||||
24 | evaluation, or both, which may include a substance abuse or | ||||||
25 | sexual offender evaluation, as required by and at the expense | ||||||
26 | of the Department. The Department shall specifically designate |
| |||||||
| |||||||
1 | the examining physician licensed to practice medicine in all of | ||||||
2 | its branches or, if applicable, the multidisciplinary team | ||||||
3 | involved in providing the mental or physical examination and | ||||||
4 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
5 | a physician licensed to practice medicine in all of its | ||||||
6 | branches and may consist of one or more or a combination of | ||||||
7 | physicians licensed to practice medicine in all of its | ||||||
8 | branches, licensed chiropractic physicians, licensed | ||||||
9 | naturopathic physicians, licensed clinical psychologists, | ||||||
10 | licensed clinical social workers, licensed clinical | ||||||
11 | professional counselors, and other professional and | ||||||
12 | administrative staff. Any examining physician or member of the | ||||||
13 | multidisciplinary team may require any person ordered to submit | ||||||
14 | to an examination and evaluation pursuant to this Section to | ||||||
15 | submit to any additional supplemental testing deemed necessary | ||||||
16 | to complete any examination or evaluation process, including, | ||||||
17 | but not limited to, blood testing, urinalysis, psychological | ||||||
18 | testing, or neuropsychological testing. | ||||||
19 | The Department may order the examining physician or any | ||||||
20 | member of the multidisciplinary team to provide to the | ||||||
21 | Department any and all records including business records that | ||||||
22 | relate to the examination and evaluation, including any | ||||||
23 | supplemental testing performed. The Department may order the | ||||||
24 | examining physician or any member of the multidisciplinary team | ||||||
25 | to present testimony concerning the examination and evaluation | ||||||
26 | of the licensee or applicant, including testimony concerning |
| |||||||
| |||||||
1 | any supplemental testing or documents in any way related to the | ||||||
2 | examination and evaluation. No information, report, record, or | ||||||
3 | other documents in any way related to the examination and | ||||||
4 | evaluation shall be excluded by reason of any common law or | ||||||
5 | statutory privilege relating to communications between the | ||||||
6 | licensee or applicant and the examining physician or any member | ||||||
7 | of the multidisciplinary team. No authorization is necessary | ||||||
8 | from the licensee or applicant ordered to undergo an evaluation | ||||||
9 | and examination for the examining physician or any member of | ||||||
10 | the multidisciplinary team to provide information, reports, | ||||||
11 | records, or other documents or to provide any testimony | ||||||
12 | regarding the examination and evaluation. The individual to be | ||||||
13 | examined may have, at his or her own expense, another physician | ||||||
14 | of his or her choice present during all aspects of this | ||||||
15 | examination. Failure of an individual to submit to a mental or | ||||||
16 | physical examination and evaluation, or both, when directed, | ||||||
17 | shall result in an automatic suspension without hearing, until | ||||||
18 | such time as the individual submits to the examination. | ||||||
19 | A person holding a license under this Act or who has | ||||||
20 | applied for a license under this Act who, because of a physical | ||||||
21 | or mental illness or disability, including, but not limited to, | ||||||
22 | deterioration through the aging process or loss of motor skill, | ||||||
23 | is unable to practice the profession with reasonable judgment, | ||||||
24 | skill, or safety, may be required by the Department to submit | ||||||
25 | to care, counseling, or treatment by physicians approved or | ||||||
26 | designated by the Department as a condition, term, or |
| |||||||
| |||||||
1 | restriction for continued, reinstated, or renewed licensure to | ||||||
2 | practice. Submission to care, counseling, or treatment as | ||||||
3 | required by the Department shall not be considered discipline | ||||||
4 | of a license. If the licensee refuses to enter into a care, | ||||||
5 | counseling, or treatment agreement or fails to abide by the | ||||||
6 | terms of the agreement, the Department may file a complaint to | ||||||
7 | revoke, suspend, or otherwise discipline the license of the | ||||||
8 | individual. The Secretary may order the license suspended | ||||||
9 | immediately, pending a hearing by the Department. Fines shall | ||||||
10 | not be assessed in disciplinary actions involving physical or | ||||||
11 | mental illness or impairment. | ||||||
12 | In instances in which the Secretary immediately suspends a | ||||||
13 | person's license under this Section, a hearing on that person's | ||||||
14 | license must be convened by the Department within 15 days after | ||||||
15 | the suspension and completed without appreciable delay. The | ||||||
16 | Department shall have the authority to review the subject | ||||||
17 | individual's record of treatment and counseling regarding the | ||||||
18 | impairment to the extent permitted by applicable federal | ||||||
19 | statutes and regulations safeguarding the confidentiality of | ||||||
20 | medical records. | ||||||
21 | An individual licensed under this Act and affected under | ||||||
22 | this Section shall be afforded an opportunity to demonstrate to | ||||||
23 | the Department that he or she can resume practice in compliance | ||||||
24 | with acceptable and prevailing standards under the provisions | ||||||
25 | of his or her license.
| ||||||
26 | (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13; |
| |||||||
| |||||||
1 | 98-463, eff. 8-16-13.)
| ||||||
2 | Section 35. The Illinois Physical Therapy Act is amended by | ||||||
3 | changing Section 1 as follows:
| ||||||
4 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
6 | Sec. 1. Definitions. As used in this Act:
| ||||||
7 | (1) "Physical therapy" means all of the following: | ||||||
8 | (A) Examining, evaluating, and testing individuals who | ||||||
9 | may have mechanical, physiological, or developmental | ||||||
10 | impairments, functional limitations, disabilities, or | ||||||
11 | other health and movement-related conditions, classifying | ||||||
12 | these disorders, determining a rehabilitation prognosis | ||||||
13 | and plan of therapeutic intervention, and assessing the | ||||||
14 | on-going effects of the interventions. | ||||||
15 | (B) Alleviating impairments, functional limitations, | ||||||
16 | or disabilities by designing, implementing, and modifying | ||||||
17 | therapeutic interventions that may include, but are not | ||||||
18 | limited to, the evaluation or treatment of a person through | ||||||
19 | the use of the effective properties of physical measures | ||||||
20 | and heat, cold, light, water, radiant energy, electricity, | ||||||
21 | sound, and air and use of therapeutic massage, therapeutic | ||||||
22 | exercise, mobilization, and rehabilitative procedures, | ||||||
23 | with or without assistive devices, for the purposes of | ||||||
24 | preventing, correcting, or alleviating a physical or |
| |||||||
| |||||||
1 | mental impairment, functional limitation, or disability. | ||||||
2 | (C) Reducing the risk of injury, impairment, | ||||||
3 | functional limitation, or disability, including the | ||||||
4 | promotion and maintenance of fitness, health, and | ||||||
5 | wellness. | ||||||
6 | (D) Engaging in administration, consultation, | ||||||
7 | education, and research.
| ||||||
8 | " Physical therapy "
includes, but is not limited to: (a) | ||||||
9 | performance
of specialized tests and measurements, (b) | ||||||
10 | administration of specialized
treatment procedures, (c) | ||||||
11 | interpretation of referrals from physicians, dentists, | ||||||
12 | advanced practice nurses, physician assistants,
and podiatric | ||||||
13 | physicians, (d) establishment, and modification of physical | ||||||
14 | therapy
treatment programs, (e) administration of topical | ||||||
15 | medication used in generally
accepted physical therapy | ||||||
16 | procedures when such medication is either prescribed
by the | ||||||
17 | patient's physician, licensed to practice medicine in all its | ||||||
18 | branches,
the patient's physician licensed to practice | ||||||
19 | podiatric medicine, the patient's advanced practice nurse, the | ||||||
20 | patient's physician assistant, or the
patient's dentist or used | ||||||
21 | following the physician's orders or written instructions, and | ||||||
22 | (f) supervision or teaching of physical therapy.
Physical | ||||||
23 | therapy does not include radiology, electrosurgery, | ||||||
24 | chiropractic
technique , naturopathic technique, or | ||||||
25 | determination of a differential
diagnosis; provided, however,
| ||||||
26 | the limitation on determining a differential diagnosis shall |
| |||||||
| |||||||
1 | not in any
manner limit a physical therapist licensed under | ||||||
2 | this Act from performing
an evaluation pursuant to such | ||||||
3 | license. Nothing in this Section shall limit
a physical | ||||||
4 | therapist from employing appropriate physical therapy | ||||||
5 | techniques
that he or she is educated and licensed to perform. | ||||||
6 | A physical therapist
shall refer to a licensed physician, | ||||||
7 | advanced practice nurse, physician assistant, dentist, | ||||||
8 | podiatric physician, other physical therapist, or other health | ||||||
9 | care provider any patient
whose medical condition should, at | ||||||
10 | the time of evaluation or treatment, be
determined to be beyond | ||||||
11 | the scope of practice of the physical therapist.
| ||||||
12 | (2) "Physical therapist" means a person who practices | ||||||
13 | physical therapy
and who has met all requirements as provided | ||||||
14 | in this Act.
| ||||||
15 | (3) "Department" means the Department of Professional | ||||||
16 | Regulation.
| ||||||
17 | (4) "Director" means the Director of Professional | ||||||
18 | Regulation.
| ||||||
19 | (5) "Board" means the Physical Therapy Licensing and | ||||||
20 | Disciplinary Board approved
by the Director.
| ||||||
21 | (6) "Referral" means a written or oral authorization for | ||||||
22 | physical therapy services for a patient by a physician, | ||||||
23 | dentist, advanced practice nurse, physician assistant, or | ||||||
24 | podiatric physician who maintains medical supervision of the | ||||||
25 | patient and makes a diagnosis or verifies that the patient's | ||||||
26 | condition is such that it may be treated by a physical |
| |||||||
| |||||||
1 | therapist.
| ||||||
2 | (7) "Documented current and relevant diagnosis" for the | ||||||
3 | purpose of
this Act means a diagnosis, substantiated by | ||||||
4 | signature or oral verification
of a physician, dentist, | ||||||
5 | advanced practice nurse, physician assistant, or podiatric | ||||||
6 | physician, that a patient's condition is such
that it may be | ||||||
7 | treated by physical therapy as defined in this Act, which
| ||||||
8 | diagnosis shall remain in effect until changed by the | ||||||
9 | physician, dentist, advanced practice nurse, physician | ||||||
10 | assistant,
or podiatric physician.
| ||||||
11 | (8) "State" includes:
| ||||||
12 | (a) the states of the United States of America;
| ||||||
13 | (b) the District of Columbia; and
| ||||||
14 | (c) the Commonwealth of Puerto Rico.
| ||||||
15 | (9) "Physical therapist assistant" means a person licensed | ||||||
16 | to assist a
physical therapist and who has met all requirements | ||||||
17 | as provided in this Act
and who works under the supervision of | ||||||
18 | a licensed physical therapist to assist
in implementing the | ||||||
19 | physical therapy treatment program as established by the
| ||||||
20 | licensed physical therapist. The patient care activities | ||||||
21 | provided by the
physical therapist assistant shall not include | ||||||
22 | the interpretation of referrals,
evaluation procedures, or the | ||||||
23 | planning or major modification of patient programs.
| ||||||
24 | (10) "Physical therapy aide" means a person who has | ||||||
25 | received on
the job training, specific to the facility in which | ||||||
26 | he is employed.
|
| |||||||
| |||||||
1 | (11) "Advanced practice nurse" means a person licensed as | ||||||
2 | an advanced practice nurse under the Nurse Practice Act. | ||||||
3 | (12) "Physician assistant" means a person licensed under | ||||||
4 | the Physician Assistant Practice Act of 1987.
| ||||||
5 | (Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15; | ||||||
6 | 99-229, eff. 8-3-15; 99-642, eff. 7-28-16; revised 10-27-16.)
| ||||||
7 | Section 40. The Health Care Arbitration Act is amended by | ||||||
8 | changing Section 2 as follows:
| ||||||
9 | (710 ILCS 15/2) (from Ch. 10, par. 202)
| ||||||
10 | Sec. 2. Definitions. As used in this Act:
| ||||||
11 | (a) "Health care provider" means a person, partnership, | ||||||
12 | corporation, or
other entity lawfully engaged in the practice | ||||||
13 | of medicine, surgery,
chiropractic, naturopathy,
dentistry, | ||||||
14 | podiatry, optometry, physical therapy or nursing.
| ||||||
15 | (b) "Hospital" means a person, partnership, corporation or | ||||||
16 | other entity
lawfully engaged in the operation or | ||||||
17 | administration of a hospital, clinic,
nursing home or | ||||||
18 | sanitarium.
| ||||||
19 | (c) "Supplier" means a person, corporation, partnership or | ||||||
20 | other entity
that has manufactured, designed, distributed, | ||||||
21 | sold, or otherwise provided
any medication, device, equipment, | ||||||
22 | service, or other product used in the
diagnosis or treatment of | ||||||
23 | a patient.
| ||||||
24 | (d) "Health care arbitration agreement" or "agreement" |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | means a written
agreement between a patient and a hospital or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | health care provider to submit
to binding arbitration a claim | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | for damages arising out of (1) injuries alleged
to have been | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | received by a patient or (2) death of a patient, due to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | hospital
or health care provider negligence or other wrongful | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | act, but not including
intentional torts.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 90-655, eff. 7-30-98.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|