100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0708

 

Introduced 1/30/2017, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.


LRB100 06769 SMS 16811 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0708LRB100 06769 SMS 16811 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented 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
23by changing Section 2 as follows:
 

 

 

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1    (20 ILCS 3945/2)  (from Ch. 144, par. 2002)
2    Sec. 2. There is created the Geriatric Medicine Assistance
3Commission. The Commission shall receive and approve
4applications for grants from schools, recognized by the
5Department of Professional Regulation as being authorized to
6confer doctor of medicine, doctor of osteopathy, doctor of
7chiropractic, doctor of naturopathic medicine, or registered
8professional nursing degrees in the State, to help finance the
9establishment of geriatric medicine programs within such
10schools. In determining eligibility for grants, the Commission
11shall give preference to those programs which exhibit the
12greatest potential for directly benefiting the largest number
13of elderly citizens in the State. The Commission may not
14approve the application of any institution which is unable to
15demonstrate its current financial stability and reasonable
16prospects for future stability. No institution which fails to
17possess and maintain an open policy with respect to race,
18creed, color and sex as to admission of students, appointment
19of faculty and employment of staff shall be eligible for grants
20under this Act. The Commission shall establish such rules and
21standards as it deems necessary for the implementation of this
22Act.
23    The Commission shall be composed of 8 members selected as
24follows: 2 physicians licensed to practice under the Medical
25Practice Act of 1987 and specializing in geriatric medicine; a

 

 

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1registered professional nurse licensed under the Nurse
2Practice Act and specializing in geriatric health care; 2
3representatives of organizations interested in geriatric
4medicine or the care of the elderly; and 3 individuals 60 or
5older who are interested in geriatric health care or the care
6of the elderly. The members of the Commission shall be selected
7by the Governor from a list of recommendations submitted to him
8by organizations concerned with geriatric medicine or the care
9of the elderly.
10    The terms of the members of the Commission shall be 4
11years, except that of the members initially appointed, 2 shall
12be designated to serve until January 1, 1986, 3 until January
131, 1988, and 2 until January 1, 1990. Members of the Commission
14shall receive no compensation, but shall be reimbursed for
15actual 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
1824-6 and 26-1 as follows:
 
19    (105 ILCS 5/24-6)
20    Sec. 24-6. Sick leave. The school boards of all school
21districts, including special charter districts, but not
22including school districts in municipalities of 500,000 or
23more, shall grant their full-time teachers, and also shall
24grant such of their other employees as are eligible to

 

 

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1participate in the Illinois Municipal Retirement Fund under the
2"600-Hour Standard" established, or under such other
3eligibility participation standard as may from time to time be
4established, by rules and regulations now or hereafter
5promulgated by the Board of that Fund under Section 7-198 of
6the Illinois Pension Code, as now or hereafter amended, sick
7leave provisions not less in amount than 10 days at full pay in
8each school year. If any such teacher or employee does not use
9the full amount of annual leave thus allowed, the unused amount
10shall be allowed to accumulate to a minimum available leave of
11180 days at full pay, including the leave of the current year.
12Sick leave shall be interpreted to mean personal illness,
13quarantine at home, serious illness or death in the immediate
14family or household, or birth, adoption, or placement for
15adoption. The school board may require a certificate from a
16physician licensed in Illinois to practice medicine and surgery
17in all its branches, a chiropractic physician or naturopathic
18physician licensed under the Medical Practice Act of 1987, a
19licensed advanced practice nurse, a licensed physician
20assistant, or, if the treatment is by prayer or spiritual
21means, a spiritual adviser or practitioner of the teacher's or
22employee's faith as a basis for pay during leave after an
23absence of 3 days for personal illness or 30 days for birth or
24as the school board may deem necessary in other cases. If the
25school board does require a certificate as a basis for pay
26during leave of less than 3 days for personal illness, the

 

 

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1school board shall pay, from school funds, the expenses
2incurred by the teachers or other employees in obtaining the
3certificate. For paid leave for adoption or placement for
4adoption, the school board may require that the teacher or
5other employee provide evidence that the formal adoption
6process is underway, and such leave is limited to 30 days
7unless a longer leave has been negotiated with the exclusive
8bargaining representative.
9    If, by reason of any change in the boundaries of school
10districts, or by reason of the creation of a new school
11district, the employment of a teacher is transferred to a new
12or different board, the accumulated sick leave of such teacher
13is not thereby lost, but is transferred to such new or
14different district.
15    For purposes of this Section, "immediate family" shall
16include parents, spouse, brothers, sisters, children,
17grandparents, grandchildren, parents-in-law, brothers-in-law,
18sisters-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
22custody or control of any child (i) between the ages of 7 and
2317 years (unless the child has already graduated from high
24school) for school years before the 2014-2015 school year or
25(ii) between the ages of 6 (on or before September 1) and 17

 

 

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1years (unless the child has already graduated from high school)
2beginning with the 2014-2015 school year shall cause such child
3to attend some public school in the district wherein the child
4resides the entire time it is in session during the regular
5school term, except as provided in Section 10-19.1, and during
6a required summer school program established under Section
710-22.33B; provided, that the following children shall not be
8required 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

 

 

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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

 

 

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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

 

 

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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;
1899-804, eff. 1-1-17.)
 
19    Section 15. The Illinois Insurance Code is amended by
20changing 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
23Department. Notwithstanding any other provision of law, and
24except as provided herein, any person or other entity which

 

 

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1provides coverage in this State for medical, surgical,
2chiropractic, naturopathic, naprapathic, physical therapy,
3speech pathology, audiology, professional mental health,
4dental, hospital, ophthalmologic, or optometric expenses,
5whether such coverage is by direct-payment, reimbursement, or
6otherwise, shall be presumed to be subject to the jurisdiction
7of the Department unless the person or other entity shows that
8while providing such coverage it is subject to the jurisdiction
9of another agency of this State, any subdivision of this State,
10or the federal government, or is a plan of self-insurance or
11other employee welfare benefit program of an individual
12employer or labor union established or maintained under or
13pursuant to a collective bargaining agreement or other
14arrangement which provides for health care services solely for
15its 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
18changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19,
1922, 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
23following definitions shall have the following meanings,
24except where the context requires otherwise:

 

 

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1    "Act" means the Medical Practice Act of 1987.
2    "Address of record" means the designated address recorded
3by the Department in the applicant's or licensee's application
4file or license file as maintained by the Department's
5licensure maintenance unit. It is the duty of the applicant or
6licensee to inform the Department of any change of address and
7those changes must be made either through the Department's
8website or by contacting the Department.
9    "Approved naturopathic medical program" means a
10naturopathic medical education program accredited or granted
11candidacy status by the United States Council on Naturopathic
12Medical Education, or an equivalent federally recognized
13accrediting body for the naturopathic medical profession
14recognized by the Board, that offers graduate-level,
15full-time, didactic, and supervised clinical training of at
16least 4,200 hours in length leading to the degree of Doctor of
17Naturopathy or Doctor of Naturopathic Medicine and is part of
18an institution of higher education that is either accredited or
19is a candidate for accreditation by a regional institutional
20accrediting agency recognized by the United States Secretary of
21Education or eligible for student loans in Canada.
22    "Chiropractic physician" means a person licensed to treat
23human ailments without the use of drugs and without operative
24surgery. Nothing in this Act shall be construed to prohibit a
25chiropractic physician from providing advice regarding the use
26of non-prescription products or from administering atmospheric

 

 

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1oxygen. Nothing in this Act shall be construed to authorize a
2chiropractic physician to prescribe drugs.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Disciplinary Action" means revocation, suspension,
6probation, supervision, practice modification, reprimand,
7required education, fines or any other action taken by the
8Department against a person holding a license.
9    "Disciplinary Board" means the Medical Disciplinary Board.
10    "Final Determination" means the governing body's final
11action taken under the procedure followed by a health care
12institution, or professional association or society, against
13any person licensed under the Act in accordance with the bylaws
14or rules and regulations of such health care institution, or
15professional association or society.
16    "Fund" means the Medical Disciplinary Fund.
17    "Impaired" means the inability to practice medicine with
18reasonable skill and safety due to physical or mental
19disabilities as evidenced by a written determination or written
20consent based on clinical evidence including deterioration
21through the aging process or loss of motor skill, or abuse of
22drugs or alcohol, of sufficient degree to diminish a person's
23ability to deliver competent patient care.
24    "Licensing Board" means the Medical Licensing Board.
25    "Naturopathic physician" means a practitioner of
26naturopathic medicine who has been properly licensed for that

 

 

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1purpose by the Department under this Act. "Naturopathic
2physician" includes all titles and designations associated
3with the practice of naturopathic medicine, including, "doctor
4of naturopathic medicine", "doctor of naturopathy",
5"naturopathic doctor", "naturopath", "naturopathic medical
6doctor", "N.D.", "ND", "N.M.D.", and "NMD".
7    "Physician" means a person licensed under the Medical
8Practice Act to practice medicine in all of its branches, a
9naturopathic physician, or a chiropractic physician.
10    "Professional Association" means an association or society
11of persons licensed under this Act, and operating within the
12State of Illinois, including but not limited to, medical
13societies, osteopathic organizations, naturopathic
14organizations, and chiropractic organizations, but this term
15shall not be deemed to include hospital medical staffs.
16    "Program of Care, Counseling, or Treatment" means a written
17schedule of organized treatment, care, counseling, activities,
18or education, satisfactory to the Disciplinary Board, designed
19for the purpose of restoring an impaired person to a condition
20whereby the impaired person can practice medicine with
21reasonable skill and safety of a sufficient degree to deliver
22competent patient care.
23    "Reinstate" means to change the status of a license from
24inactive or nonrenewed status to active status.
25    "Restore" means to remove an encumbrance from a license due
26to probation, suspension, or revocation.

 

 

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1    "Secretary" means the Secretary of the Department of
2Financial and Professional Regulation.
3(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;
498-1140, 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
9Disciplinary Board. The Disciplinary Board shall consist of 12
1011 members, to be appointed by the Governor by and with the
11advice and consent of the Senate. All members shall be
12residents of the State, not more than 7 6 of whom shall be
13members of the same political party. All members shall be
14voting members. Five members shall be physicians licensed to
15practice medicine in all of its branches in Illinois possessing
16the degree of doctor of medicine. One member shall be a
17physician licensed to practice medicine in all its branches in
18Illinois possessing the degree of doctor of osteopathy or
19osteopathic medicine. One member shall be a chiropractic
20physician licensed to practice in Illinois and possessing the
21degree of doctor of chiropractic. One member shall be a
22naturopathic physician licensed to practice in Illinois and
23possessing the degree of naturopathic medicine. Four members
24shall be members of the public, who shall not be engaged in any
25way, directly or indirectly, as providers of health care.

 

 

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1    (B) Members of the Disciplinary Board shall be appointed
2for terms of 4 years. Upon the expiration of the term of any
3member, their successor shall be appointed for a term of 4
4years by the Governor by and with the advice and consent of the
5Senate. The Governor shall fill any vacancy for the remainder
6of the unexpired term with the advice and consent of the
7Senate. Upon recommendation of the Board, any member of the
8Disciplinary Board may be removed by the Governor for
9misfeasance, malfeasance, or wilful neglect of duty, after
10notice, and a public hearing, unless such notice and hearing
11shall be expressly waived in writing. Each member shall serve
12on the Disciplinary Board until their successor is appointed
13and qualified. No member of the Disciplinary Board shall serve
14more than 2 consecutive 4 year terms.
15    In making appointments the Governor shall attempt to insure
16that the various social and geographic regions of the State of
17Illinois are properly represented.
18    In making the designation of persons to act for the several
19professions represented on the Disciplinary Board, the
20Governor shall give due consideration to recommendations by
21members of the respective professions and by organizations
22therein.
23    (C) The Disciplinary Board shall annually elect one of its
24voting members as chairperson and one as vice chairperson. No
25officer shall be elected more than twice in succession to the
26same office. Each officer shall serve until their successor has

 

 

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1been elected and qualified.
2    (D) (Blank).
3    (E) Six voting members of the Disciplinary Board, at least
44 of whom are physicians, shall constitute a quorum. A vacancy
5in the membership of the Disciplinary Board shall not impair
6the right of a quorum to exercise all the rights and perform
7all the duties of the Disciplinary Board. Any action taken by
8the Disciplinary Board under this Act may be authorized by
9resolution at any regular or special meeting and each such
10resolution shall take effect immediately. The Disciplinary
11Board shall meet at least quarterly.
12    (F) Each member, and member-officer, of the Disciplinary
13Board shall receive a per diem stipend as the Secretary shall
14determine. Each member shall be paid their necessary expenses
15while engaged in the performance of their duties.
16    (G) The Secretary shall select a Chief Medical Coordinator
17and not less than 2 Deputy Medical Coordinators who shall not
18be members of the Disciplinary Board. Each medical coordinator
19shall be a physician licensed to practice medicine in all of
20its branches, and the Secretary shall set their rates of
21compensation. The Secretary shall assign at least one medical
22coordinator to a region composed of Cook County and such other
23counties as the Secretary may deem appropriate, and such
24medical coordinator or coordinators shall locate their office
25in Chicago. The Secretary shall assign at least one medical
26coordinator to a region composed of the balance of counties in

 

 

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1the State, and such medical coordinator or coordinators shall
2locate their office in Springfield. The Chief Medical
3Coordinator shall be the chief enforcement officer of this Act.
4None of the functions, powers, or duties of the Department with
5respect to policies regarding enforcement or discipline under
6this Act, including the adoption of such rules as may be
7necessary for the administration of this Act, shall be
8exercised by the Department except upon review of the
9Disciplinary Board.
10    The Secretary shall employ, in conformity with the
11Personnel Code, investigators who are college graduates with at
12least 2 years of investigative experience or one year of
13advanced medical education. Upon the written request of the
14Disciplinary Board, the Secretary shall employ, in conformity
15with the Personnel Code, such other professional, technical,
16investigative, and clerical help, either on a full or part-time
17basis as the Disciplinary Board deems necessary for the proper
18performance of its duties.
19    (H) Upon the specific request of the Disciplinary Board,
20signed by either the chairperson, vice chairperson, or a
21medical coordinator of the Disciplinary Board, the Department
22of Human Services, the Department of Healthcare and Family
23Services, the Department of State Police, or any other law
24enforcement agency located in this State shall make available
25any and all information that they have in their possession
26regarding a particular case then under investigation by the

 

 

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1Disciplinary Board.
2    (I) Members of the Disciplinary Board shall be immune from
3suit in any action based upon any disciplinary proceedings or
4other acts performed in good faith as members of the
5Disciplinary Board.
6    (J) The Disciplinary Board may compile and establish a
7statewide roster of physicians and other medical
8professionals, including the several medical specialties, of
9such physicians and medical professionals, who have agreed to
10serve from time to time as advisors to the medical
11coordinators. Such advisors shall assist the medical
12coordinators or the Disciplinary Board in their investigations
13and participation in complaints against physicians. Such
14advisors shall serve under contract and shall be reimbursed at
15a reasonable rate for the services provided, plus reasonable
16expenses incurred. While serving in this capacity, the advisor,
17for any act undertaken in good faith and in the conduct of his
18or her duties under this Section, shall be immune from civil
19suit.
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
25Licensing Board shall be composed of 7 members, to be appointed

 

 

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1by the Governor by and with the advice and consent of the
2Senate; 5 of whom shall be reputable physicians licensed to
3practice medicine in all of its branches in Illinois,
4possessing the degree of doctor of medicine; one member shall
5be a reputable physician licensed in Illinois to practice
6medicine in all of its branches, possessing the degree of
7doctor of osteopathy or osteopathic medicine; one member shall
8be a reputable naturopathic physician licensed to practice in
9Illinois and possessing the degree of doctor of naturopathic
10medicine; and one member shall be a reputable chiropractic
11physician licensed to practice in Illinois and possessing the
12degree of doctor of chiropractic. Of the 5 members holding the
13degree of doctor of medicine, one shall be a full-time or
14part-time teacher of professorial rank in the clinical
15department of an Illinois school of medicine.
16    (B) Members of the Licensing Board shall be appointed for
17terms of 4 years, and until their successors are appointed and
18qualified. Appointments to fill vacancies shall be made in the
19same manner as original appointments, for the unexpired portion
20of the vacated term. No more than 4 members of the Licensing
21Board shall be members of the same political party and all
22members shall be residents of this State. No member of the
23Licensing Board may be appointed to more than 2 successive 4
24year terms.
25    (C) Members of the Licensing Board shall be immune from
26suit in any action based upon any licensing proceedings or

 

 

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1other acts performed in good faith as members of the Licensing
2Board.
3    (D) (Blank).
4    (E) The Licensing Board shall annually elect one of its
5members as chairperson and one as vice chairperson. No member
6shall be elected more than twice in succession to the same
7office. Each officer shall serve until his or her successor has
8been elected and qualified.
9    (F) None of the functions, powers or duties of the
10Department with respect to policies regarding licensure and
11examination under this Act, including the promulgation of such
12rules as may be necessary for the administration of this Act,
13shall be exercised by the Department except upon review of the
14Licensing Board.
15    (G) The Licensing Board shall receive the same compensation
16as the members of the Disciplinary Board, which compensation
17shall be paid out of the Illinois State Medical Disciplinary
18Fund.
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
23license shall:
24        (A) Make application on blank forms prepared and
25    furnished by the Department.

 

 

SB0708- 21 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 22 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 23 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 24 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 25 -LRB100 06769 SMS 16811 b

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
5standards of professional education to be enforced by the
6Department in conducting examinations and issuing licenses
7shall 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

 

 

SB0708- 26 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 27 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 28 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 29 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 30 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 31 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 32 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 33 -LRB100 06769 SMS 16811 b

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
9students.
10    (a) Candidates for the degree of doctor of chiropractic
11enrolled in a chiropractic college, accredited by the Council
12on Chiropractic Education, may practice under the direct,
13on-premises supervision of a chiropractic physician who is a
14member of the faculty of an accredited chiropractic college.
15    (b) Candidates for the degree of doctor of naturopathic
16medicine enrolled in a naturopathic college, accredited by the
17United States Council on Naturopathic Medical Education, may
18practice under the direct, on-premises supervision of a
19naturopathic physician who is a member of the faculty of an
20accredited 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

 

 

SB0708- 34 -LRB100 06769 SMS 16811 b

1for general practice. Any chiropractic or naturopathic
2physician licensed under this Act shall be permitted to take
3the examination for licensure as a physician to practice
4medicine in all its branches and shall receive a license to
5practice medicine in all of its branches if he or she shall
6successfully pass such examination, upon proof of having
7successfully completed in a medical college, osteopathic
8college, naturopathic college, or chiropractic college
9reputable and in good standing in the judgment of the
10Department, courses of instruction in materia medica,
11therapeutics, surgery, obstetrics, and theory and practice
12deemed by the Department to be equal to the courses of
13instruction required in those subjects for admission to the
14examination for a license to practice medicine in all of its
15branches, together with proof of having completed (a) the 2
16year course of instruction in a college of liberal arts, or its
17equivalent, required under this Act, and (b) a course of
18postgraduate clinical training of not less than 24 months as
19approved 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
24shall fail any examination for licensure as a medical doctor,
25doctor of osteopathy or osteopathic medicine, doctor of

 

 

SB0708- 35 -LRB100 06769 SMS 16811 b

1naturopathic medicine, or doctor of chiropractic in this or any
2other jurisdiction a total of 5 times shall thereafter be
3ineligible for further examinations until such time as such
4person shall submit to the Department evidence of further
5formal professional study, as required by rule of the
6Department, 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
11Doctor of Medicine, persons holding the degree of Doctor of
12Osteopathy or Doctor of Osteopathic Medicine, persons holding
13the degree of Doctor of Naturopathic Medicine, and persons
14holding the degree of Doctor of Chiropractic or persons who
15have satisfied the requirements therefor and are eligible to
16receive such degree from a medical, osteopathic, naturopathic,
17or chiropractic school, who wish to pursue programs of graduate
18or specialty training in this State, may receive without
19examination, in the discretion of the Department, a 3-year
20temporary license. In order to receive a 3-year temporary
21license hereunder, an applicant shall submit evidence
22satisfactory 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

 

 

SB0708- 36 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 37 -LRB100 06769 SMS 16811 b

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
13Section shall be valid only for the period of time designated
14therein, and may be extended or renewed pursuant to the rules
15of the Department, and if a temporary license is thereafter
16extended, it shall not extend beyond completion of the
17residency program. The holder of a valid 3-year temporary
18license shall be entitled thereby to perform only such acts as
19may be prescribed by and incidental to his or her program of
20residency training; he or she shall not be entitled to
21otherwise engage in the practice of medicine in this State
22unless fully licensed in this State.
23    A 3-year temporary license may be revoked or suspended by
24the Department upon proof that the holder thereof has engaged
25in the practice of medicine in this State outside of the
26program of his or her residency or specialty training, or if

 

 

SB0708- 38 -LRB100 06769 SMS 16811 b

1the holder shall fail to supply the Department, within 10 days
2of its request, with information as to his or her current
3status and activities in his or her specialty training program.
4Such a revocation or suspension shall comply with the
5procedures set forth in subsection (d) of Section 37 of this
6Act.
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
11permits.
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

 

 

SB0708- 39 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 40 -LRB100 06769 SMS 16811 b

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
23successfully pass a general competency examination authorized
24by the Department by rule, unless he or she was issued an
25initial visiting professor permit on or after January 1, 2007,
26but prior to July 1, 2007.
 

 

 

SB0708- 41 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 42 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 43 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 44 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 45 -LRB100 06769 SMS 16811 b

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
10its discretion, issue a license by endorsement to any person
11who is currently licensed to practice medicine in all of its
12branches, a naturopathic physician, or a chiropractic
13physician, in any other state, territory, country or province,
14upon the following conditions and submitting evidence
15satisfactory 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

 

 

SB0708- 46 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 47 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 48 -LRB100 06769 SMS 16811 b

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
18Department is empowered to consider and evaluate each applicant
19on an individual basis. It may take into account, among other
20things: the extent to which the applicant will bring unique
21experience and skills to the State of Illinois or the extent to
22which there is or is not available to the Department authentic
23and definitive information concerning the quality of medical
24education and clinical training which the applicant has had.
25Under no circumstances shall a license be issued under the
26provisions of this Section to any person who has previously

 

 

SB0708- 49 -LRB100 06769 SMS 16811 b

1taken and failed the written examination conducted by the
2Department for such license. In the exercise of its discretion
3under this Section, the Department may require an applicant to
4successfully complete an examination as recommended by the
5Licensing Board. The Department may also request the applicant
6to submit, and may consider as evidence of moral character,
7evidence from 2 or 3 individuals licensed under this Act.
8Applicants have 3 years from the date of application to
9complete the application process. If the process has not been
10completed within 3 years, the application shall be denied, the
11fees shall be forfeited, and the applicant must reapply and
12meet 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,
18reprimand, refuse to issue or renew, or take any other
19disciplinary or non-disciplinary action as the Department may
20deem proper with regard to the license or permit of any person
21issued 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

 

 

SB0708- 50 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 51 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 52 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 53 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 54 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 55 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 56 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 57 -LRB100 06769 SMS 16811 b

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
16proceedings to suspend, revoke, place on probationary status,
17or take any other disciplinary action as the Department may
18deem proper, with regard to a license on any of the foregoing
19grounds, must be commenced within 5 years next after receipt by
20the Department of a complaint alleging the commission of or
21notice of the conviction order for any of the acts described
22herein. Except for the grounds numbered (8), (9), (26), and
23(29), no action shall be commenced more than 10 years after the
24date of the incident or act alleged to have violated this
25Section. For actions involving the ground numbered (26), a
26pattern of practice or other behavior includes all incidents

 

 

SB0708- 58 -LRB100 06769 SMS 16811 b

1alleged to be part of the pattern of practice or other behavior
2that occurred, or a report pursuant to Section 23 of this Act
3received, within the 10-year period preceding the filing of the
4complaint. In the event of the settlement of any claim or cause
5of action in favor of the claimant or the reduction to final
6judgment of any civil action in favor of the plaintiff, such
7claim, cause of action or civil action being grounded on the
8allegation that a person licensed under this Act was negligent
9in providing care, the Department shall have an additional
10period of 2 years from the date of notification to the
11Department under Section 23 of this Act of such settlement or
12final judgment in which to investigate and commence formal
13disciplinary proceedings under Section 36 of this Act, except
14as otherwise provided by law. The time during which the holder
15of the license was outside the State of Illinois shall not be
16included within any period of time limiting the commencement of
17disciplinary action by the Department.
18    The entry of an order or judgment by any circuit court
19establishing that any person holding a license under this Act
20is a person in need of mental treatment operates as a
21suspension of that license. That person may resume their
22practice only upon the entry of a Departmental order based upon
23a finding by the Disciplinary Board that they have been
24determined to be recovered from mental illness by the court and
25upon the Disciplinary Board's recommendation that they be
26permitted to resume their practice.

 

 

SB0708- 59 -LRB100 06769 SMS 16811 b

1    The Department may refuse to issue or take disciplinary
2action concerning the license of any person who fails to file a
3return, or to pay the tax, penalty or interest shown in a filed
4return, or to pay any final assessment of tax, penalty or
5interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied as determined by
8the Illinois Department of Revenue.
9    The Department, upon the recommendation of the
10Disciplinary Board, shall adopt rules which set forth standards
11to 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
24any civil action except for review of a licensing or other
25disciplinary action under this Act.
26    In enforcing this Section, the Disciplinary Board or the

 

 

SB0708- 60 -LRB100 06769 SMS 16811 b

1Licensing Board, upon a showing of a possible violation, may
2compel, in the case of the Disciplinary Board, any individual
3who is licensed to practice under this Act or holds a permit to
4practice under this Act, or, in the case of the Licensing
5Board, any individual who has applied for licensure or a permit
6pursuant to this Act, to submit to a mental or physical
7examination and evaluation, or both, which may include a
8substance abuse or sexual offender evaluation, as required by
9the Licensing Board or Disciplinary Board and at the expense of
10the Department. The Disciplinary Board or Licensing Board shall
11specifically designate the examining physician licensed to
12practice medicine in all of its branches or, if applicable, the
13multidisciplinary team involved in providing the mental or
14physical examination and evaluation, or both. The
15multidisciplinary team shall be led by a physician licensed to
16practice medicine in all of its branches and may consist of one
17or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed naturopathic physicians, licensed
20clinical psychologists, licensed clinical social workers,
21licensed clinical professional counselors, and other
22professional and administrative staff. Any examining physician
23or member of the multidisciplinary team may require any person
24ordered to submit to an examination and evaluation pursuant to
25this Section to submit to any additional supplemental testing
26deemed necessary to complete any examination or evaluation

 

 

SB0708- 61 -LRB100 06769 SMS 16811 b

1process, including, but not limited to, blood testing,
2urinalysis, psychological testing, or neuropsychological
3testing. The Disciplinary Board, the Licensing Board, or the
4Department may order the examining physician or any member of
5the multidisciplinary team to provide to the Department, the
6Disciplinary Board, or the Licensing Board any and all records,
7including business records, that relate to the examination and
8evaluation, including any supplemental testing performed. The
9Disciplinary Board, the Licensing Board, or the Department may
10order the examining physician or any member of the
11multidisciplinary team to present testimony concerning this
12examination and evaluation of the licensee, permit holder, or
13applicant, including testimony concerning any supplemental
14testing or documents relating to the examination and
15evaluation. No information, report, record, or other documents
16in any way related to the examination and evaluation shall be
17excluded by reason of any common law or statutory privilege
18relating to communication between the licensee, permit holder,
19or applicant and the examining physician or any member of the
20multidisciplinary team. No authorization is necessary from the
21licensee, permit holder, or applicant ordered to undergo an
22evaluation and examination for the examining physician or any
23member of the multidisciplinary team to provide information,
24reports, records, or other documents or to provide any
25testimony regarding the examination and evaluation. The
26individual to be examined may have, at his or her own expense,

 

 

SB0708- 62 -LRB100 06769 SMS 16811 b

1another physician of his or her choice present during all
2aspects of the examination. Failure of any individual to submit
3to mental or physical examination and evaluation, or both, when
4directed, shall result in an automatic suspension, without
5hearing, until such time as the individual submits to the
6examination. If the Disciplinary Board or Licensing Board finds
7a physician unable to practice following an examination and
8evaluation because of the reasons set forth in this Section,
9the Disciplinary Board or Licensing Board shall require such
10physician to submit to care, counseling, or treatment by
11physicians, or other health care professionals, approved or
12designated by the Disciplinary Board, as a condition for
13issued, continued, reinstated, or renewed licensure to
14practice. Any physician, whose license was granted pursuant to
15Sections 9, 17, or 19 of this Act, or, continued, reinstated,
16renewed, disciplined or supervised, subject to such terms,
17conditions or restrictions who shall fail to comply with such
18terms, conditions or restrictions, or to complete a required
19program of care, counseling, or treatment, as determined by the
20Chief Medical Coordinator or Deputy Medical Coordinators,
21shall be referred to the Secretary for a determination as to
22whether the licensee shall have their license suspended
23immediately, pending a hearing by the Disciplinary Board. In
24instances in which the Secretary immediately suspends a license
25under this Section, a hearing upon such person's license must
26be convened by the Disciplinary Board within 15 days after such

 

 

SB0708- 63 -LRB100 06769 SMS 16811 b

1suspension and completed without appreciable delay. The
2Disciplinary Board shall have the authority to review the
3subject physician's record of treatment and counseling
4regarding the impairment, to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to the
9Disciplinary Board that they can resume practice in compliance
10with acceptable and prevailing standards under the provisions
11of their license.
12    The Department may promulgate rules for the imposition of
13fines in disciplinary cases, not to exceed $10,000 for each
14violation of this Act. Fines may be imposed in conjunction with
15other forms of disciplinary action, but shall not be the
16exclusive disposition of any disciplinary action arising out of
17conduct resulting in death or injury to a patient. Any funds
18collected from such fines shall be deposited in the Medical
19Disciplinary Fund.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (B) The Department shall revoke the license or permit
25issued under this Act to practice medicine, a naturopathic
26physician, or a chiropractic physician who has been convicted a

 

 

SB0708- 64 -LRB100 06769 SMS 16811 b

1second time of committing any felony under the Illinois
2Controlled Substances Act or the Methamphetamine Control and
3Community Protection Act, or who has been convicted a second
4time of committing a Class 1 felony under Sections 8A-3 and
58A-6 of the Illinois Public Aid Code. A person whose license or
6permit is revoked under this subsection B shall be prohibited
7from practicing medicine or treating human ailments without the
8use of drugs and without operative surgery.
9    (C) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act to practice medicine to
13a physician based solely upon the recommendation of the
14physician to an eligible patient regarding, or prescription
15for, or treatment with, an investigational drug, biological
16product, or device.
17    (D) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.

 

 

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1(Source: P.A. 98-601, eff. 12-30-13; 98-668, eff. 6-25-14;
298-1140, 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
7State Medical Society, the Illinois Association of Osteopathic
8Physicians and Surgeons, the Illinois Chiropractic Society,
9the Illinois Prairie State Chiropractic Association, the
10Illinois Association of Naturopathic Physicians, or any
11component societies of any of these 4 groups, and any other
12person, may report to the Disciplinary Board any information
13the physician, association, society, or person may have that
14appears to show that a physician is or may be in violation of
15any of the provisions of Section 22 of this Act.
16    (b) The Department may enter into agreements with the
17Illinois State Medical Society, the Illinois Association of
18Osteopathic Physicians and Surgeons, the Illinois Prairie
19State Chiropractic Association, or the Illinois Chiropractic
20Society, or the Illinois Association of Naturopathic
21Physicians to allow these organizations to assist the
22Disciplinary Board in the review of alleged violations of this
23Act. Subject to the approval of the Department, any
24organization party to such an agreement may subcontract with
25other individuals or organizations to assist in review.

 

 

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1    (c) Any physician, association, society, or person
2participating in good faith in the making of a report under
3this Act or participating in or assisting with an investigation
4or review under this Act shall have immunity from any civil,
5criminal, or other liability that might result by reason of
6those actions.
7    (d) The medical information in the custody of an entity
8under contract with the Department participating in an
9investigation or review shall be privileged and confidential to
10the same extent as are information and reports under the
11provisions of Part 21 of Article VIII of the Code of Civil
12Procedure.
13    (e) Upon request by the Department after a mandatory report
14has been filed with the Department, an attorney for any party
15seeking to recover damages for injuries or death by reason of
16medical, hospital, or other healing art malpractice shall
17provide patient records related to the physician involved in
18the disciplinary proceeding to the Department within 30 days of
19the Department's request for use by the Department in any
20disciplinary matter under this Act. An attorney who provides
21patient records to the Department in accordance with this
22requirement shall not be deemed to have violated any
23attorney-client privilege. Notwithstanding any other provision
24of law, consent by a patient shall not be required for the
25provision of patient records in accordance with this
26requirement.

 

 

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1    (f) For the purpose of any civil or criminal proceedings,
2the good faith of any physician, association, society or person
3shall 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
9in all of its branches shall be authorized to purchase legend
10drugs requiring an order of a person authorized to prescribe
11drugs, and to dispense such legend drugs in the regular course
12of practicing medicine. The dispensing of such legend drugs
13shall be the personal act of the person licensed under this Act
14and may not be delegated to any other person not licensed under
15this Act or the Pharmacy Practice Act unless such delegated
16dispensing functions are under the direct supervision of the
17physician authorized to dispense legend drugs. Except when
18dispensing manufacturers' samples or other legend drugs in a
19maximum 72 hour supply, persons licensed under this Act shall
20maintain a book or file of prescriptions as required in the
21Pharmacy Practice Act. Any person licensed under this Act who
22dispenses any drug or medicine shall dispense such drug or
23medicine in good faith and shall affix to the box, bottle,
24vessel or package containing the same a label indicating (1)
25the date on which such drug or medicine is dispensed; (2) the

 

 

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1name of the patient; (3) the last name of the person dispensing
2such drug or medicine; (4) the directions for use thereof; and
3(5) the proprietary name or names or, if there are none, the
4established name or names of the drug or medicine, the dosage
5and quantity, except as otherwise authorized by regulation of
6the Department.
7    (b) The labeling requirements set forth in subsection (a)
8shall not apply to drugs or medicines in a package which bears
9a label of the manufacturer containing information describing
10its contents which is in compliance with requirements of the
11Federal Food, Drug, and Cosmetic Act and the Illinois Food,
12Drug, and Cosmetic Act. "Drug" and "medicine" have the meanings
13ascribed to them in the Pharmacy Practice Act, as now or
14hereafter amended; "good faith" has the meaning ascribed to it
15in subsection (u) of Section 102 of the Illinois Controlled
16Substances Act.
17    (c) Prior to dispensing a prescription to a patient, the
18physician shall offer a written prescription to the patient
19which the patient may elect to have filled by the physician or
20any licensed pharmacy.
21    (d) A violation of any provision of this Section shall
22constitute a violation of this Act and shall be grounds for
23disciplinary action provided for in this Act.
24    (e) Nothing in this Section shall be construed to authorize
25a chiropractic physician or naturopathic physician to
26prescribe drugs.

 

 

SB0708- 69 -LRB100 06769 SMS 16811 b

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
5construed nor shall they be so administered as to discriminate
6against any type or category of physician or against any
7medical, osteopathic, naturopathic, or chiropractic college.
8(Source: P.A. 85-4.)
 
9    Section 25. The Patients' Right to Know Act is amended by
10changing Section 5 as follows:
 
11    (225 ILCS 61/5)
12    Sec. 5. Definitions. For purposes of this Act, the
13following definitions shall have the following meanings,
14except where the context requires otherwise:
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Disciplinary Board" means the Medical Disciplinary Board.
18    "Physician" means a person licensed under the Medical
19Practice Act of 1987 to practice medicine in all of its
20branches, a naturopathic physician, or a chiropractic
21physician licensed to treat human ailments without the use of
22drugs and without operative surgery.
23    "Secretary" means the Secretary of the Department of

 

 

SB0708- 70 -LRB100 06769 SMS 16811 b

1Financial and Professional Regulation.
2(Source: P.A. 99-642, eff. 7-28-16.)
 
3    Section 30. The Naprapathic Practice Act is amended by
4changing 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.
8Every person to whom a valid existing license as a naprapath
9has been issued under this Act shall be designated
10professionally a "naprapath", and not otherwise, and any
11licensed naprapath may, in connection with the practice of his
12profession, use the title or designation of "naprapath", and,
13if entitled by degree from a college or university recognized
14by the Department, may use the title of "Doctor of Naprapathy"
15or the abbreviation "D.N.". When the name of the licensed
16naprapath is used professionally in oral, written, or printed
17announcements, professional cards, or publications for the
18information of the public and is preceded by the title "Doctor"
19or the abbreviation "Dr.", the explanatory designation of
20"naprapath", "naprapathy", "Doctor of Naprapathy", or the
21designation "D.N." shall be added immediately following title
22and name. When the announcement, professional cards, or
23publication is in writing or in print, the explanatory addition
24shall be in writing, type, or print not less than 1/2 the size

 

 

SB0708- 71 -LRB100 06769 SMS 16811 b

1of that used in the name and title. No person other than the
2holder of a valid existing license under this Act shall use the
3title and designation of "Doctor of Naprapathy", "D.N.", or
4"naprapath", either directly or indirectly, in connection with
5his or her profession or business.
6    A naprapath licensed under this Act shall not hold himself
7or herself out as a Doctor of Chiropractic or a Doctor of
8Naturopathic Medicine unless he or she is licensed as a Doctor
9of Chiropractic or Doctor of Naturopathic Medicine under the
10Medical 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,
15revocation, suspension.
16    (a) The Department may refuse to issue or to renew, or may
17revoke, suspend, place on probation, reprimand or take other
18disciplinary or non-disciplinary action as the Department may
19deem appropriate, including imposing fines not to exceed
20$10,000 for each violation, with regard to any licensee or
21license 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.

 

 

SB0708- 72 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 73 -LRB100 06769 SMS 16811 b

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

 

 

SB0708- 74 -LRB100 06769 SMS 16811 b

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).

 

 

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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

 

 

SB0708- 76 -LRB100 06769 SMS 16811 b

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.

 

 

SB0708- 77 -LRB100 06769 SMS 16811 b

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
660 days after the effective date of the order imposing the
7fine.
8    (b) The Department may refuse to issue or may suspend
9without hearing, as provided for in the Department of
10Professional Regulation Law of the Civil Administrative Code,
11the license of any person who fails to file a return, or pay
12the tax, penalty, or interest shown in a filed return, or pay
13any final assessment of the tax, penalty, or interest as
14required by any tax Act administered by the Illinois Department
15of Revenue, until such time as the requirements of any such tax
16Act are satisfied in accordance with subsection (g) of Section
172105-15 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois.
19    (c) The Department shall deny a license or renewal
20authorized by this Act to a person who has defaulted on an
21educational loan or scholarship provided or guaranteed by the
22Illinois Student Assistance Commission or any governmental
23agency of this State in accordance with item (5) of subsection
24(a) of Section 2105-15 of the Department of Professional
25Regulation Law of the Civil Administrative Code of Illinois.
26    (d) In cases where the Department of Healthcare and Family

 

 

SB0708- 78 -LRB100 06769 SMS 16811 b

1Services has previously determined a licensee or a potential
2licensee is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency to
4the Department, the Department may refuse to issue or renew or
5may revoke or suspend that person's license or may take other
6disciplinary action against that person based solely upon the
7certification of delinquency made by the Department of
8Healthcare and Family Services in accordance with item (5) of
9subsection (a) of Section 2105-15 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
11Illinois.
12    (e) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission, as
14provided in the Mental Health and Developmental Disabilities
15Code, operates as an automatic suspension. The suspension shall
16end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and the issuance of an order so finding and discharging the
19patient.
20    (f) In enforcing this Act, the Department, upon a showing
21of a possible violation, may compel an individual licensed to
22practice under this Act, or who has applied for licensure under
23this Act, to submit to a mental or physical examination and
24evaluation, or both, which may include a substance abuse or
25sexual offender evaluation, as required by and at the expense
26of the Department. The Department shall specifically designate

 

 

SB0708- 79 -LRB100 06769 SMS 16811 b

1the examining physician licensed to practice medicine in all of
2its branches or, if applicable, the multidisciplinary team
3involved in providing the mental or physical examination and
4evaluation, or both. The multidisciplinary team shall be led by
5a physician licensed to practice medicine in all of its
6branches and may consist of one or more or a combination of
7physicians licensed to practice medicine in all of its
8branches, licensed chiropractic physicians, licensed
9naturopathic physicians, licensed clinical psychologists,
10licensed clinical social workers, licensed clinical
11professional counselors, and other professional and
12administrative staff. Any examining physician or member of the
13multidisciplinary team may require any person ordered to submit
14to an examination and evaluation pursuant to this Section to
15submit to any additional supplemental testing deemed necessary
16to complete any examination or evaluation process, including,
17but not limited to, blood testing, urinalysis, psychological
18testing, or neuropsychological testing.
19    The Department may order the examining physician or any
20member of the multidisciplinary team to provide to the
21Department any and all records including business records that
22relate to the examination and evaluation, including any
23supplemental testing performed. The Department may order the
24examining physician or any member of the multidisciplinary team
25to present testimony concerning the examination and evaluation
26of the licensee or applicant, including testimony concerning

 

 

SB0708- 80 -LRB100 06769 SMS 16811 b

1any supplemental testing or documents in any way related to the
2examination and evaluation. No information, report, record, or
3other documents in any way related to the examination and
4evaluation shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician or any member
7of the multidisciplinary team. No authorization is necessary
8from the licensee or applicant ordered to undergo an evaluation
9and examination for the examining physician or any member of
10the multidisciplinary team to provide information, reports,
11records, or other documents or to provide any testimony
12regarding the examination and evaluation. The individual to be
13examined may have, at his or her own expense, another physician
14of his or her choice present during all aspects of this
15examination. Failure of an individual to submit to a mental or
16physical examination and evaluation, or both, when directed,
17shall result in an automatic suspension without hearing, until
18such time as the individual submits to the examination.
19    A person holding a license under this Act or who has
20applied for a license under this Act who, because of a physical
21or mental illness or disability, including, but not limited to,
22deterioration through the aging process or loss of motor skill,
23is unable to practice the profession with reasonable judgment,
24skill, or safety, may be required by the Department to submit
25to care, counseling, or treatment by physicians approved or
26designated by the Department as a condition, term, or

 

 

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1restriction for continued, reinstated, or renewed licensure to
2practice. Submission to care, counseling, or treatment as
3required by the Department shall not be considered discipline
4of a license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, the Department may file a complaint to
7revoke, suspend, or otherwise discipline the license of the
8individual. The Secretary may order the license suspended
9immediately, pending a hearing by the Department. Fines shall
10not be assessed in disciplinary actions involving physical or
11mental illness or impairment.
12    In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 15 days after
15the suspension and completed without appreciable delay. The
16Department shall have the authority to review the subject
17individual's record of treatment and counseling regarding the
18impairment to the extent permitted by applicable federal
19statutes and regulations safeguarding the confidentiality of
20medical records.
21    An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department that he or she can resume practice in compliance
24with acceptable and prevailing standards under the provisions
25of his or her license.
26(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;

 

 

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198-463, eff. 8-16-13.)
 
2    Section 35. The Illinois Physical Therapy Act is amended by
3changing 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

 

 

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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)
9performance of specialized tests and measurements, (b)
10administration of specialized treatment procedures, (c)
11interpretation of referrals from physicians, dentists,
12advanced practice nurses, physician assistants, and podiatric
13physicians, (d) establishment, and modification of physical
14therapy treatment programs, (e) administration of topical
15medication used in generally accepted physical therapy
16procedures when such medication is either prescribed by the
17patient's physician, licensed to practice medicine in all its
18branches, the patient's physician licensed to practice
19podiatric medicine, the patient's advanced practice nurse, the
20patient's physician assistant, or the patient's dentist or used
21following the physician's orders or written instructions, and
22(f) supervision or teaching of physical therapy. Physical
23therapy does not include radiology, electrosurgery,
24chiropractic technique, naturopathic technique, or
25determination of a differential diagnosis; provided, however,
26the limitation on determining a differential diagnosis shall

 

 

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1not in any manner limit a physical therapist licensed under
2this Act from performing an evaluation pursuant to such
3license. Nothing in this Section shall limit a physical
4therapist from employing appropriate physical therapy
5techniques that he or she is educated and licensed to perform.
6A physical therapist shall refer to a licensed physician,
7advanced practice nurse, physician assistant, dentist,
8podiatric physician, other physical therapist, or other health
9care provider any patient whose medical condition should, at
10the time of evaluation or treatment, be determined to be beyond
11the scope of practice of the physical therapist.
12    (2) "Physical therapist" means a person who practices
13physical therapy and who has met all requirements as provided
14in this Act.
15    (3) "Department" means the Department of Professional
16Regulation.
17    (4) "Director" means the Director of Professional
18Regulation.
19    (5) "Board" means the Physical Therapy Licensing and
20Disciplinary Board approved by the Director.
21    (6) "Referral" means a written or oral authorization for
22physical therapy services for a patient by a physician,
23dentist, advanced practice nurse, physician assistant, or
24podiatric physician who maintains medical supervision of the
25patient and makes a diagnosis or verifies that the patient's
26condition is such that it may be treated by a physical

 

 

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1therapist.
2    (7) "Documented current and relevant diagnosis" for the
3purpose of this Act means a diagnosis, substantiated by
4signature or oral verification of a physician, dentist,
5advanced practice nurse, physician assistant, or podiatric
6physician, that a patient's condition is such that it may be
7treated by physical therapy as defined in this Act, which
8diagnosis shall remain in effect until changed by the
9physician, dentist, advanced practice nurse, physician
10assistant, 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
16to assist a physical therapist and who has met all requirements
17as provided in this Act and who works under the supervision of
18a licensed physical therapist to assist in implementing the
19physical therapy treatment program as established by the
20licensed physical therapist. The patient care activities
21provided by the physical therapist assistant shall not include
22the interpretation of referrals, evaluation procedures, or the
23planning or major modification of patient programs.
24    (10) "Physical therapy aide" means a person who has
25received on the job training, specific to the facility in which
26he is employed.

 

 

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1    (11) "Advanced practice nurse" means a person licensed as
2an advanced practice nurse under the Nurse Practice Act.
3    (12) "Physician assistant" means a person licensed under
4the Physician Assistant Practice Act of 1987.
5(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;
699-229, 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
8changing 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,
12corporation, or other entity lawfully engaged in the practice
13of medicine, surgery, chiropractic, naturopathy, dentistry,
14podiatry, optometry, physical therapy or nursing.
15    (b) "Hospital" means a person, partnership, corporation or
16other entity lawfully engaged in the operation or
17administration of a hospital, clinic, nursing home or
18sanitarium.
19    (c) "Supplier" means a person, corporation, partnership or
20other entity that has manufactured, designed, distributed,
21sold, or otherwise provided any medication, device, equipment,
22service, or other product used in the diagnosis or treatment of
23a patient.
24    (d) "Health care arbitration agreement" or "agreement"

 

 

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1means a written agreement between a patient and a hospital or
2health care provider to submit to binding arbitration a claim
3for damages arising out of (1) injuries alleged to have been
4received by a patient or (2) death of a patient, due to
5hospital or health care provider negligence or other wrongful
6act, 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
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3945/2from Ch. 144, par. 2002
4    105 ILCS 5/24-6
5    105 ILCS 5/26-1from Ch. 122, par. 26-1
6    215 ILCS 5/122-1from Ch. 73, par. 734-1
7    225 ILCS 60/2from Ch. 111, par. 4400-2
8    225 ILCS 60/7from Ch. 111, par. 4400-7
9    225 ILCS 60/8from Ch. 111, par. 4400-8
10    225 ILCS 60/9from Ch. 111, par. 4400-9
11    225 ILCS 60/10from Ch. 111, par. 4400-10
12    225 ILCS 60/11from Ch. 111, par. 4400-11
13    225 ILCS 60/14from Ch. 111, par. 4400-14
14    225 ILCS 60/15from Ch. 111, par. 4400-15
15    225 ILCS 60/16from Ch. 111, par. 4400-16
16    225 ILCS 60/17from Ch. 111, par. 4400-17
17    225 ILCS 60/18from Ch. 111, par. 4400-18
18    225 ILCS 60/19from Ch. 111, par. 4400-19
19    225 ILCS 60/22from Ch. 111, par. 4400-22
20    225 ILCS 60/24from Ch. 111, par. 4400-24
21    225 ILCS 60/33from Ch. 111, par. 4400-33
22    225 ILCS 60/34from Ch. 111, par. 4400-34
23    225 ILCS 61/5
24    225 ILCS 63/25
25    225 ILCS 63/110

 

 

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1    225 ILCS 90/1from Ch. 111, par. 4251
2    710 ILCS 15/2from Ch. 10, par. 202