State of Illinois
91st General Assembly
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91_HB1702

 
                                               LRB9105053ACtm

 1        AN ACT to amend the  Medical  Practice  Act  of  1987  by
 2    changing Section 21 and adding Section 19.5.

 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 21 and adding Section 19.5 as follows:

 7        (225 ILCS 60/19.5 new)
 8        Sec. 19.5.  Limited Medical License.
 9        (a)  The  Department  may,  in  its  discretion,  issue a
10    Limited Medical License upon request, without examination, to
11    any person who was formerly licensed under this  Act,  unless
12    his  or  her  license  was revoked or renewal was denied. The
13    person must certify  that  he  or  she  will  not  treat  any
14    patients or represent himself or herself as holding an active
15    Medical License.
16        (b)  A  Limited  Medical  License  does not authorize the
17    practice of medicine.
18        (c)  A Limited Medical  License  shall  be  valid  for  6
19    years.   There  shall  be no continuing education requirement
20    for renewal of this license.

21        (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
22        Sec. 21.  License renewal; restoration; inactive  status;
23    disposition and collection of fees.
24        (A)  Renewal.  The expiration date and renewal period for
25    each license issued under this Act shall be set by rule.  The
26    holder  of a license may renew the such license by paying the
27    required fee. The holder of a  license  may  also  renew  the
28    license within 90 days after its expiration by complying with
29    the  requirements  for  renewal  and payment of an additional
30    fee.  A license renewal within 90 days after expiration shall
 
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 1    be effective retroactively to the expiration date.
 2        The Department shall mail to  each  licensee  under  this
 3    Act,  at  his or her to their last known place of address, at
 4    least 60 days in advance of the expiration date of his or her
 5     their license, a notice of that fact and an application  for
 6    renewal form.  No such license shall be deemed to have lapsed
 7    until 90 days after the expiration date and after such notice
 8    and  application have been mailed by the Department as herein
 9    provided.
10        (B)  Restoration.  Any licensee who has permitted his  or
11    her  their  license  to lapse or who has had his or her their
12    license on inactive status may have his or her their  license
13    restored  by  making application to the Department and filing
14    proof acceptable to  the  Department  of  his  or  her  their
15    fitness   to  have  the  their  license  restored,  including
16    evidence   certifying   to   active   practice   in   another
17    jurisdiction satisfactory to the Department, proof of meeting
18    the continuing education requirements for one renewal period,
19    and by paying the required restoration fee.
20        If the licensee has not maintained an active practice  in
21    another  jurisdiction  satisfactory  to  the  Department, the
22    Licensing Board shall determine,  by  an  evaluation  program
23    established  by rule, the applicant's their fitness to resume
24    active status and may require  the  licensee  to  complete  a
25    period  of  evaluated  clinical  experience  and  may require
26    successful completion of the practical examination.
27        However, any registrant whose license has  expired  while
28    he  or  she has they have been engaged (a) in Federal Service
29    on active duty with the Army of the United States, the United
30    States Navy, the Marine  Corps,  the  Air  Force,  the  Coast
31    Guard,  the Public Health Service or the State Militia called
32    into the service or training of the United States of America,
33    or (b)  in training or education under the supervision of the
34    United States preliminary  to  induction  into  the  military
 
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 1    service,  may  have  his  or  her their license reinstated or
 2    restored without paying any lapsed renewal fees, if within  2
 3    years  after honorable termination of such service, training,
 4    or education,  he  or  she  furnishes  to  they  furnish  the
 5    Department  with  satisfactory evidence to the effect that he
 6    or she has they have been so engaged  and  that  his  or  her
 7    their service, training, or education has been so terminated.
 8        (C)  Inactive  licenses.   Any  licensee who notifies the
 9    Department, in writing on forms prescribed by the Department,
10    may elect to place his or her their license  on  an  inactive
11    status  and  shall,  subject  to  rules of the Department, be
12    excused from payment of renewal fees until he or she notifies
13     they notify the Department in writing of his  or  her  their
14    desire to resume active status.
15        Any  licensee requesting restoration from inactive status
16    shall be required to pay the  current  renewal  fee,  provide
17    proof  of  meeting  the continuing education requirements for
18    the period of time the license is inactive not to exceed  one
19    renewal  period,  and shall be required to restore his or her
20    their license, as provided in subsection (B).
21        Any licensee whose license is in an inactive status shall
22    not practice in the State of Illinois.
23        (D)  Disposition  of  monies   collected.    All   monies
24    collected under this Act by the Department shall be deposited
25    in  the Illinois State Medical Disciplinary Fund in the State
26    Treasury, and used only for the following purposes:   (a)  by
27    the  Medical Disciplinary Board in the exercise of its powers
28    and performance of its duties, as such use  is  made  by  the
29    Department  with full consideration of all recommendations of
30    the  Medical  Disciplinary  Board,  (b)  for  costs  directly
31    related to persons licensed  under  this  Act,  and  (c)  for
32    direct  and  allocable  indirect  costs related to the public
33    purposes of the Department of Professional Regulation.
34        Moneys in the Fund may be transferred to the  Professions
 
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 1    Indirect  Cost  Fund  as  authorized under Section 61e of the
 2    Civil Administrative Code of Illinois.
 3        All earnings received from investment of  monies  in  the
 4    Illinois  State  Medical Disciplinary Fund shall be deposited
 5    in the Illinois State Medical Disciplinary Fund and shall  be
 6    used for the same purposes as fees deposited in such Fund.
 7        (E)  Fees.  The following fees are nonrefundable.
 8             (1)  Applicants   for   any   examination  shall  be
 9        required to pay, either  to  the  Department  or  to  the
10        designated  testing  service,  a fee covering the cost of
11        determining the applicant's eligibility and providing the
12        examination. Failure to appear for the examination on the
13        scheduled date, at the time and  place  specified,  after
14        the  applicant's  application  for  examination  has been
15        received  and  acknowledged  by  the  Department  or  the
16        designated  testing  service,   shall   result   in   the
17        forfeiture of the examination fee.
18             (2)  The  fee  for a license under Section 9 of this
19        Act is $300.
20             (3)  The fee for a license under Section 19 of  this
21        Act is $300.
22             (4)  The  fee  for  the  renewal  of a license for a
23        resident of Illinois shall be calculated at the  rate  of
24        $100  per  year,  except  for licensees who were issued a
25        license within 12 months of the expiration  date  of  the
26        license,  the fee for the renewal shall be $100.  The fee
27        for the renewal of a license for a nonresident  shall  be
28        calculated  at  the  rate  of  $200  per year, except for
29        licensees who were issued a license within 12  months  of
30        the  expiration  date  of  the  license,  the fee for the
31        renewal shall be $200.
32             (5)  The fee for the restoration of a license  other
33        than from inactive status, is $100.  In addition, payment
34        of  all  lapsed  renewal  fees  not  to  exceed  $600  is
 
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 1        required.
 2             (6)  The  fee  for  a 3-year temporary license under
 3        Section 17 is $100.
 4             (7)  The  fee  for  the  issuance  of  a   duplicate
 5        license,  for the issuance of a replacement license for a
 6        license which has been lost  or  destroyed,  or  for  the
 7        issuance  of  a  license with a change of name or address
 8        other than during the renewal period is $20.  No  fee  is
 9        required  for  name  and  address  changes  on Department
10        records when no duplicate license is issued.
11             (8)  The fee to be paid for a license record for any
12        purpose is $20.
13             (9)  The fee to be paid to have the  scoring  of  an
14        examination, administered by the Department, reviewed and
15        verified,  is $20 plus any fees charged by the applicable
16        testing service.
17             (10)  The fee to be paid by a licensee  for  a  wall
18        certificate showing his or her their license shall be the
19        actual cost of producing the such certificate.
20             (11)  The  fee  for  a roster of persons licensed as
21        physicians in this State shall  be  the  actual  cost  of
22        producing such a roster.
23             (12)  The  fee  for  a license under Section 19.5 is
24        $300. The fee to renew the license is $300.
25        (F)  Any person who delivers a check or other payment  to
26    the  Department  that is returned to the Department unpaid by
27    the financial institution upon which it is drawn shall pay to
28    the Department, in addition to the amount already owed to the
29    Department, a fine of $50. If the check or other payment  was
30    for  a  renewal  or  issuance  fee  and that person practices
31    without paying the renewal fee or issuance fee and  the  fine
32    due,  an  additional fine of $100 shall be imposed. The fines
33    imposed  by  this  Section  are  in  addition  to  any  other
34    discipline provided under this Act for unlicensed practice or
 
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 1    practice on a nonrenewed license. The Department shall notify
 2    the person that payment of fees and fines shall  be  paid  to
 3    the  Department  by  certified check or money order within 30
 4    calendar days of the notification. If, after  the  expiration
 5    of  30 days from the date of the notification, the person has
 6    failed to submit the  necessary  remittance,  the  Department
 7    shall  automatically  terminate the license or certificate or
 8    deny the application, without hearing. If, after  termination
 9    or  denial,  the person seeks a license or certificate, he or
10    she shall apply to the Department for restoration or issuance
11    of the license or certificate and pay all fees and fines  due
12    to the Department. The Department may establish a fee for the
13    processing  of an application for restoration of a license or
14    certificate  to  pay  all   expenses   of   processing   this
15    application.  The Director may waive the fines due under this
16    Section in individual cases where the Director finds that the
17    fines would be unreasonable or unnecessarily burdensome.
18    (Source: P.A.  88-246;  89-204,  eff.  1-1-96;  89-702,  eff.
19    7-1-97; revised 10-31-98.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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