State of Illinois
90th General Assembly
Legislation

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90_HB1572

      225 ILCS 60/17            from Ch. 111, par. 4400-17
          Amends the Medical Practice Act of 1987 to authorize  the
      issuance of temporary licenses to persons holding or eligible
      for   the   degree  of  Doctor  of  Chiropractic.   Effective
      immediately.
                                                     LRB9003254JSmb
                                               LRB9003254JSmb
 1        AN ACT to amend the  Medical  Practice  Act  of  1987  by
 2    changing Section 17.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Medical Practice Act of 1987  is  amended
 6    by changing Section 17 as follows:
 7        (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
 8        (Text of Section before amendment by P.A. 89-702)
 9        Sec.  17.   Persons  holding  the  degree  of  Doctor  of
10    Medicine,  and  persons  holding  the  degree  of  Doctor  of
11    Osteopathy,  and  persons  holding  the  degree  of Doctor of
12    Chiropractic or persons who have satisfied  the  requirements
13    therefor  and  are  eligible  to  receive  such degree from a
14    medical, or osteopathic, or chiropractic school, who wish  to
15    pursue  programs  of  graduate  or specialty training in this
16    State, may receive without examination, in the discretion  of
17    the  Department,  a  3-year  temporary  license.  In order to
18    receive a  3-year temporary license hereunder,  an  applicant
19    shall  furnish  satisfactory proof to the Department that the
20    applicant:
21        (A)  Is of good moral character.   In  determining  moral
22    character  under  this  Section, the Department may take into
23    consideration whether the applicant has engaged in conduct or
24    activities which  would  constitute  grounds  for  discipline
25    under   this  Act.   The  Department  may  also  request  the
26    applicant to submit, and may consider as  evidence  of  moral
27    character,  endorsements  from  2  or  3 individuals licensed
28    under this Act;
29        (B)  Has been accepted  or  appointed  for  specialty  or
30    residency  training by a hospital situated in this State or a
31    training program in hospitals or facilities maintained by the
                            -2-                LRB9003254JSmb
 1    State of Illinois or affiliated training facilities which  is
 2    approved  by  the Department for the purpose of such training
 3    under this Act.  The applicant shall indicate  the  beginning
 4    and  ending  dates of the period for which  the applicant has
 5    been accepted or appointed;
 6        (C)  Has  or  will  satisfy  the  professional  education
 7    requirements of Section 11 of this Act which are effective at
 8    the date of  application  except  for  postgraduate  clinical
 9    training;
10        (D)  Is  physically, mentally, and professionally capable
11    of practicing medicine or treating human ailments without the
12    use of drugs or operative surgery with  reasonable  judgment,
13    skill,  and  safety.   In  determining  physical,  mental and
14    professional  capacity  under  this  Section,   the   Medical
15    Licensing Board may, upon a showing of a possible incapacity,
16    compel  an  applicant  to  submit  to  a  mental  or physical
17    examination, or both,  and  may  condition  or  restrict  any
18    temporary  license,  subject to the same terms and conditions
19    as are provided for  the  Medical  Disciplinary  Board  under
20    Section  22  of  this  Act.  Any such condition of restricted
21    temporary  license  shall  provide  that  the  Chief  Medical
22    Coordinator or Deputy  Medical  Coordinator  shall  have  the
23    authority  to  review the subject physician's compliance with
24    such   conditions   or   restrictions,    including,    where
25    appropriate,   the   physician's   record  of  treatment  and
26    counseling regarding the impairment, to the extent  permitted
27    by  applicable  federal statutes and regulations safeguarding
28    the confidentiality of medical records of patients.
29        Three-year temporary licenses  issued  pursuant  to  this
30    Section shall be valid only for the period of time designated
31    therein, and may be extended or renewed pursuant to the rules
32    of  the  Department, and if a temporary license is thereafter
33    extended, it  shall  not  extend  beyond  completion  of  the
34    residency  program.   The  holder of a valid 3-year temporary
                            -3-                LRB9003254JSmb
 1    license shall be entitled thereby to perform only  such  acts
 2    as  may  be  prescribed by and incidental to their program of
 3    residency training; they shall not be entitled  to  otherwise
 4    engage in the practice of medicine in this State unless fully
 5    licensed in this State.
 6        A   3-year  temporary  license  may  be  revoked  by  the
 7    Department upon proof that the holder thereof has engaged  in
 8    the practice of medicine in this State outside of the program
 9    of  their  residency  or specialty training, or if the holder
10    shall fail to supply the Department, within 10  days  of  its
11    request,  with  information  as  to  their current status and
12    activities in their specialty training program.
13        Any person holding a valid 2-year  temporary  certificate
14    of  registration  granted  by  the  Department  prior  to the
15    effective date of  this  Act  shall  continue  to  hold  such
16    license  for  one  year  beyond  the  date  of the expiration
17    designated therein, and their certificate may be extended  or
18    renewed  pursuant  to  the  rules  of the Department and if a
19    temporary certificate of registration is thereafter extended,
20    it shall not extend beyond the completion  of  the  residency
21    program.
22    (Source: P.A. 85-1209.)
23        (Text of Section after amendment by P.A. 89-702)
24        Sec.  17.  Temporary license.  Persons holding the degree
25    of Doctor of Medicine, and  persons  holding  the  degree  of
26    Doctor  of  Osteopathy or Doctor of Osteopathic Medicine, and
27    persons holding the  degree  of  Doctor  of  Chiropractic  or
28    persons  who have satisfied the requirements therefor and are
29    eligible  to  receive  such  degree  from   a   medical,   or
30    osteopathic,  or  chiropractic  school,  who  wish  to pursue
31    programs of graduate or specialty training in this State, may
32    receive  without  examination,  in  the  discretion  of   the
33    Department,  a 3-year temporary license.  In order to receive
34    a  3-year temporary license  hereunder,  an  applicant  shall
                            -4-                LRB9003254JSmb
 1    furnish   satisfactory  proof  to  the  Department  that  the
 2    applicant:
 3             (A)  Is of good  moral  character.   In  determining
 4        moral  character  under  this Section, the Department may
 5        take into consideration whether the applicant has engaged
 6        in conduct or activities which would  constitute  grounds
 7        for  discipline  under this Act.  The Department may also
 8        request the applicant to  submit,  and  may  consider  as
 9        evidence  of  moral  character,  endorsements from 2 or 3
10        individuals licensed under this Act;
11             (B)  Has been accepted or appointed for specialty or
12        residency training by a hospital situated in  this  State
13        or   a   training  program  in  hospitals  or  facilities
14        maintained  by  the  State  of  Illinois  or   affiliated
15        training  facilities  which is approved by the Department
16        for the purpose of such training  under  this  Act.   The
17        applicant  shall  indicate the beginning and ending dates
18        of the period for which  the applicant has  been accepted
19        or appointed;
20             (C)  Has or will satisfy the professional  education
21        requirements   of  Section  11  of  this  Act  which  are
22        effective  at  the  date  of   application   except   for
23        postgraduate clinical training;
24             (D)  Is  physically,  mentally,  and  professionally
25        capable of practicing medicine or treating human ailments
26        without  the  use  of  drugs  or  operative  surgery with
27        reasonable judgment, skill, and safety.   In  determining
28        physical,  mental  and  professional  capacity under this
29        Section, the Medical Licensing Board may, upon a  showing
30        of  a  possible incapacity, compel an applicant to submit
31        to a mental or physical examination,  or  both,  and  may
32        condition  or  restrict any temporary license, subject to
33        the same terms and conditions as  are  provided  for  the
34        Medical  Disciplinary Board under Section 22 of this Act.
                            -5-                LRB9003254JSmb
 1        Any such condition of restricted temporary license  shall
 2        provide  that  the  Chief  Medical  Coordinator or Deputy
 3        Medical Coordinator shall have the  authority  to  review
 4        the  subject  physician's compliance with such conditions
 5        or  restrictions,  including,  where   appropriate,   the
 6        physician's  record of treatment and counseling regarding
 7        the impairment, to the  extent  permitted  by  applicable
 8        federal   statutes   and   regulations  safeguarding  the
 9        confidentiality of medical records of patients.
10        Three-year temporary licenses  issued  pursuant  to  this
11    Section shall be valid only for the period of time designated
12    therein, and may be extended or renewed pursuant to the rules
13    of  the  Department, and if a temporary license is thereafter
14    extended, it  shall  not  extend  beyond  completion  of  the
15    residency  program.   The  holder of a valid 3-year temporary
16    license shall be entitled thereby to perform only  such  acts
17    as  may  be  prescribed by and incidental to their program of
18    residency training; they shall not be entitled  to  otherwise
19    engage in the practice of medicine in this State unless fully
20    licensed in this State.
21        A   3-year  temporary  license  may  be  revoked  by  the
22    Department upon proof that the holder thereof has engaged  in
23    the practice of medicine in this State outside of the program
24    of  their  residency  or specialty training, or if the holder
25    shall fail to supply the Department, within 10  days  of  its
26    request,  with  information  as  to  their current status and
27    activities in their specialty training program.
28    (Source: P.A. 89-702, eff. 7-1-97.)
29        Section 95.  No acceleration or delay.   Where  this  Act
30    makes changes in a statute that is represented in this Act by
31    text  that  is not yet or no longer in effect (for example, a
32    Section represented by multiple versions), the  use  of  that
33    text  does  not  accelerate or delay the taking effect of (i)
                            -6-                LRB9003254JSmb
 1    the changes made by this Act or (ii) provisions derived  from
 2    any other Public Act.
 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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