Section 1285.20  Six Year Post-Secondary Programs of Medical Education

 

The standards for the 6-year post-secondary program of medical or osteopathic education described in Section 11(A)(2)(a)(i) of the Medical Practice Act of 1987 [225 ILCS 60] (the Act) are:

 

a)         Completion of at least 2 academic years of undergraduate education in a college of arts and sciences or the equivalent of such education as determined by the Division;

 

b)         Completion of at least 4 academic years of medical education including 2 academic years in the study of arts and sciences of medicine as generally recognized by the medical education community in the United States and 2 academic years of clinical study of the practice of medicine as generally recognized by the medical education community in the United States.  The Division, upon the recommendation of the Medical Board, has determined that all programs of medical education listed in the World Directory of Medical Schools or its equivalent are considered to have satisfied the requirements of subsection (b); and

 

c)         Valid certification issued by the Educational Commission for Foreign Medical Graduates or completion of one academic year of supervised clinical training for foreign medical students as defined by the American Medical Association Council on Medical Education (Fifth Pathway Program) in a United States medical school.

 

d)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the coursework or core clerkship rotations is questioned by the Division or the Illinois State Medical Board (Medical Board) because of a lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant shall be requested to:

 

1)         provide the information as may be necessary; and/or;

 

2)         appear for an oral interview before the Medical Board to explain the relevance or sufficiency or otherwise clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.30  Programs of Chiropractic Education

 

a)         A program of chiropractic education shall be deemed approved in the judgment of the Division if it meets the following requirements:

 

1)         a Dean or other Executive Officer, employed on a full-time basis supervises the students and curriculum.

 

2)         the faculty is comprised of graduates in their specialty from legally recognized and authorized professional colleges or institutions by the jurisdiction in which the college is located.

 

3)         the faculty is organized and each department has a director and professors, each responsible to the director for instruction in the particular subjects he or she teaches.

 

4)         annually, a catalogue or brochure is published setting forth the requisites for admission to the college, tuition, rates, courses offered, dates of sessions, schedule of classes, requirements for graduation, a roster of the undergraduate students and a roster of the last graduating class.  The catalogue or brochure shall contain a list of the departments of the school, the titles of the personnel and a brief summary of each person's qualifications.  The curriculum shall include, but not be limited to, 4 academic years' instruction in the following subjects:

 

A)        Anatomy

 

i)          Embryology

 

ii)         Histology

 

iii)        Neuro-anatomy

 

B)        Physiology and Chemistry

 

C)        Pathology and Bacteriology

 

D)        Diagnosis

 

i)          Physical

 

ii)         Differential

 

iii)        Laboratory

 

5)         buildings provided with laboratories equipped for instruction in anatomy, chemistry, physiology, bacteriology and other areas of learning necessary to the due course of study prescribed by this Part; and that a laboratory equipped with supplies, models, mannequins, charts, stereopticon, roentgen-ray and other special apparatus used in teaching the system to treat human ailments without the use of medicine and operative surgery, be provided.

 

6)         a library, accessible to students is maintained, with a librarian in constant attendance.  The library shall contain a standard medical dictionary, texts and reference books, and the files of professional periodicals.

 

7)         the college or institution requires all students to furnish, before matriculation, satisfactory proof of the preliminary education required by the Act.

 

8)         full and complete records are kept showing the credentials for admission, attendance, grades and financial accounts of each student.

 

9)         admission of transfer students will be limited to honorably dismissed students from another approved college or institution teaching the same system.  The transcript of record obtained directly from the transferring school shall be kept on file.  It shall be the duty of a college or institution to furnish such a transcript for the benefit of each student subject to honorable dismissal.  No credit shall be given a transferred student for final or "senior year" work or for any courses taken by correspondence.

 

10)         students shall start class attendance within one week after the start of each session.  Credit for completion of a course will not be granted a student who failed to attend 80% of the complete session of the course.

 

b)         Applicants seeking licensure who have received a chiropractic degree from a college that is not fully accredited in accordance with Section 11(B) of the Act and who are seeking licensure based on a second, duplicate or similar degree must pay the required fee and provide an official transcript specified in Section 21 of the Act to the Division showing:

 

1)         completion of a least 2 additional academic years of study in the clinical sciences of not less than 960 clock hours per academic year in a fully accredited college during the time of additional study; and

 

2)         the hours of clinical practice retaken to fulfill the chiropractic degree requirements.  No credit will be given for prior credits in clinical practice.

 

c)         All chiropractic colleges fully accredited by the Commission on Accreditation of the Council of Chiropractic Education or its successor at the time of graduation shall be deemed to have met the minimum standards.

 

(Source:  Amended at 29 Ill. Reg. 18823, effective November 4, 2005)

 

Section 1285.40  Approved Postgraduate Clinical Training Programs

 

a)         The Division, upon the recommendation of the Medical Board, has determined that all postgraduate clinical training programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, a member board of the American Board of Medical Specialties (ABMS), a member board of the Bureau of Osteopathic Specialists (BOS), the College of Family Physicians of Canada, the Royal College of Physicians and Surgeons of Canada, and the Federation of Medical Licensing Authorities of Canada as of January 1, 1999, are approved programs.  If any such postgraduate clinical training program has its accreditation suspended, withdrawn, or revoked by the accrediting body, then the postgraduate clinical training program will no longer be considered an approved program.

 

b)         Any postgraduate clinical training program that is not approved under subsection (a) shall submit to the Medical Board, for approval, evidence that the program is substantially similar to an approved program described in subsection (a).  The program director shall provide the Medical Board the following information as well as any accompanying verifying documentation:

 

1)         Name and address of sponsoring institution;

 

2)         Name of program;

 

3)         Location of all training sites where fellowship program activities are performed;

 

4)         Duration of program;

 

5)         Program's year of inception;

 

6)         Minimum requirements for admitting applicants to program;

 

7)         Number of applicants admitted per academic year;

 

8)         Name of incoming applicants during the current academic year;

 

9)         Name and Illinois license number of each individual who participated in the program for the past 5 years and details of the professional status of each individual currently, if known;

 

10)       Name, specialty, board certification, title, and Illinois license number of the program director and any faculty members with educational and supervisory responsibility for those enrolled in the program;

 

11)       Overall program goals and detailed clinical goals and/or objectives for training those enrolled in the program;

 

12)       Overall didactic goals and objectives and specific educational lectures, conferences, meetings, and projects required to be attended by or given by individuals enrolled in the program;

 

13)       Other specialty or sub-specialty programs at the institution that perform the same or similar teaching and training as the proposed program and why the proposed program is not part of those programs;

 

14)       A detailed description of the didactic, clinical, and research resources available to program participants;

 

15)       A detailed description of the clinical work and responsibilities of program participants;

 

16)       A description of a participant's training schedule for each academic year;

 

17)       A detailed policy for supervision of program participants;

 

18)       Any policies the program will use to avoid clinical and educational competition with other program participants or other resident and fellows in the program;

 

19)       Sample evaluation forms for program participants and any other metrics used to evaluate program participants, including any schedule of evaluations;

 

20)       The process for formal and anonymous feedback related to the program-by-program participants;

 

21)       Verification that practicing medicine outside of the program is not permitted by any program participant who holds only a temporary license; and

 

22)       Whether the proposed program has been approved by the Medical Board in the past, including the date of any decision on the program and any changes to the program since the approval, including but not limited to any sites, faculty, curriculum, and certification.

 

c)         The postgraduate clinical training program shall certify, on forms provided by the Division, to the satisfactory completion of not less than 12 months of clinical training as required by Section 11(A)(1) of the Act or 24 months of clinical training as required by Section 11(A)(2).  The 24 months of clinical training shall at minimum include the successful completion of a second year of education in an approved program.  The certification shall identify the commencement date and the concluding date of the training.

 

d)         The Division may accept, upon the recommendation of the Medical Board, post graduate programs completed outside of the United States or Canada.  The Medical Board shall consider the factors described in subsection (b).

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.50  Application for Examination (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.60  Examinations

 

a)         Examinations for Licensure to Practice Medicine in All of Its Branches.  An applicant that successfully passes or completes one of the following examinations will be eligible for licensure:

 

1)         Completion of all steps of the United States Medical Licensing Examination (USMLE) with a passing performance on each step as determined by the Federation of State Medical Boards (FSMB) and the National Board of Medical Examiners (NBME).  All steps must be completed within a ten-year period after passage of the first step.  Applicants with a combined degree (MD/PhD) must complete all steps within a twelve-year period after passage of the first step.  No applicant may have exceeded the maximum number of attempts for any step as established by the FSMB and the NBME so long as that maximum attempt is 5 or less in accordance with 225 ILCS 60/16.

 

2)         Completion of all levels of the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) with a passing performance on each level as determined by the National Board of Osteopathic Medical Examiners (NBOME).  All levels must be completed within a ten-year period after passage of the first level.  Applicants with a combined degree (DO/PhD) must complete all steps within a twelve-year period after passage of the first step.  No applicant may have exceeded the maximum number of attempts for any level as established by the NBOME.

 

3)         Completion of all parts of the examination required to qualify for a Licentiate of the Medical Council of Canada (LMCC) with a passing score on each part as determined by the Medical Council of Canada (MCC).

 

4)         Completion of all components of the Federation Licensing Examination (FLEX) with a passing score on all components as determined by the FSMB:

 

5)         Completion of all parts of the National Board of Medical Examiners (NBME) Examination with a passing score on all parts as determined by the NBME.

 

6)         Completion of all parts of the National Board of Osteopathic Medical Examiners (NBOME) Examination with a passing score on all parts as determined by the NBOME.

 

7)         Completion of one of the following examination combinations with a score of 75 or better on each component, step, part, or level:

 

A)        Flex Component I plus USMLE Step 3;

 

B)        USMLE Step 1 and USMLE Step 2 plus FLEX Component II;

 

C)        NBME Part 1 or USMLE Step 1, plus NBME Part 2 or USMLE Step 2, plus NBME Part 2 or USMLE Step 3;

 

D)        NBME Part 1 or USMLE Step 1, plus NBME Part 2 or USMLE Step 2, plus FLEX Component II; or

 

E)        NBOME Part I or COMLEX Level 1, plus NBOME Part II or COMLEX Level 2, plus NBOME Part III or COMLEX Level 3.

 

b)         Examinations for Licensure to Practice Chiropractic

 

1)         Examinations for licensure to practice chiropractic shall consist of Part I, Part II, Part III, and Part IV of the examination administered by the National Board of Chiropractic Examiners (NBCE).

 

2)         To be successful, examinees must receive a passing score on all 4 parts of the examination as determined by the NBCE.  No applicant may have exceeded the maximum number of attempts for any part as established by the NBCE so long as that maximum attempt is 5 or less in accordance with 225 ILCS 60/16.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.70  Application for a License on the Basis of Examination

 

a)         An applicant for a license to practice medicine in all of its branches on the basis of examination shall file an application with the Division together with:

 

1)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;

 

2)         An official transcript verifying completion of at least 2 years of undergraduate education as required by Section 1285.20(a) and proof of valid ECFMG certification or proof of completion of a Fifth Pathway Program in accordance with Section 1285.20(c);

 

3)         An official transcript from the medical education program granting the degree verifying that the applicant has met the minimum medical education requirements of the Act;

 

4)         An original, notarized English translation for any document submitted to the Division in a foreign language.  The translation must be on the translator's letterhead, and the translator must verify that it is "a complete and accurate translation" to the best of the translator's knowledge, and that the translator is fluent in the language translated, and is qualified to translate the document;

 

5)         Proof of completion of an approved postgraduate clinical training program, as required by Section 1285.40;

 

6)         Proof of successful completion of an examination for licensure to practice medicine in all of its branches, as required by Section 1285.60(a);

 

7)         Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of medicine or an approved postgraduate clinical training program within 2 years prior to application;

 

8)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application; and

 

9)         The fee required by Section 21 of the Act.

 

b)         If an applicant for licensure as a physician to practice medicine in all of its branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc. (FSMB), the applicant may request the FSMB to forward to the Division a Physician Information Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information.  The information contained in the applicant's profile shall be reviewed by the Division to determine if the applicant meets the requirements for licensure as set forth in the Act and in Sections 1285.70(a)(2) through (6).

 

c)         An applicant who applies for a chiropractic physician license on the basis of examination shall file an application with the Division together with:

 

1)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;

 

2)         An official transcript from the chiropractic education program granting the degree verifying that the applicant has met the minimum chiropractic education requirements of the Act;

 

3)         Proof of completion of an examination for licensure to practice chiropractic, as required by Section 1285.60(n);

 

4)         Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of chiropractic or enrolled in a program of chiropractic education within 2 years prior to application;

 

5)         Verification of fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan finger-print vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application; and; and

 

6)         The fee required by Section 21 of the Act.

 

d)         Pursuant to Section 9(B) of the Act, the Division shall verify the licensure information and disciplinary history of each applicant through the Federation of State Medical Boards or the Chiropractic Information Network Board Action Database (CIN-BAD).

 

e)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or training is questioned by the Division or the Medical Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

f)         Within 60 days after issuance of the license, the physician shall complete a physician profile in accordance with Section 1285.305.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.80  Licensure by Endorsement

 

a)         An applicant who holds an active license to practice medicine under the laws of another state or jurisdiction and who applies for a physician and surgeon license shall file an application with the Division together with:

 

1)         A certification by the state or jurisdiction of original licensure and current licensure, including the date of issuance of the applicant's license and the current status of the license; the basis of licensure and a description of all examinations by which the applicant was licensed in that state or jurisdiction and the date of passage of any such examinations; and whether the records of the licensing authority contain any record of disciplinary action taken against the applicant;

 

2)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;

 

3)         An official transcript verifying completion of at least 2 years of undergraduate education as required by Section 1285.20(a) and proof of valid ECFMG certification or proof of completion of a Fifth Pathway Program in accordance with Section 1285.20(c);

 

4)         An official transcript from the medical education program granting the degree verifying that the applicant has met the minimum medical education requirements of the Act;

 

5)         An original, notarized English translation for any document submitted to the Division in a foreign language.  The translation must be on the translator's letterhead, and the translator must verify that it is "a complete and accurate translation" to the best of translator's knowledge, and that translator is fluent in the language translated, and is qualified to translate the document;

 

6)         Proof of completion of an approved postgraduate clinical training program, as required by Section 1285.40;

 

7)         Proof of completion of an examination for licensure to practice medicine in all of its branches as required by Section 1285.60(a);

 

8)         Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of medicine or an approved postgraduate clinical training program within 2 years prior to application;

 

9)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application; and

 

10)       The fee required by Section 21 of the Act.

 

b)         If an applicant for licensure as a physician to practice medicine in all of its branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc. (FSMB), the applicant may request the FSMB to forward to the Division a Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division to determine if the applicant meets the requirements for licensure as set forth in the Act and in Sections 1285.80(a)(3) through (7).

 

c)         An applicant who holds an active license to practice chiropractic under the laws of another state or jurisdiction and who applies for a chiropractic license shall file an application with the Division together with:

 

1)         A certification by the state or jurisdiction of original licensure and current licensure, including the date of issuance of the applicant's license and the current status of the license, the basis of licensure and a description of all examinations by which the applicant was licensed in that state or jurisdiction and the date of passage of any such examinations and whether the records of the licensing authority contain any record of disciplinary action taken against the applicant;

 

2)         An official transcript from the chiropractic education program granting the degree verifying that the applicant has met the minimum chiropractic education requirements of the Act;

 

3)         Proof that the applicant is of good moral character and has not engaged in any conduct or activities which would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities which would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;

 

4)         Proof of completion of an examination for licensure to practice chiropractic, as required by Section 1285.60(b);

 

5)         Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of chiropractic or enrolled in a program of chiropractic education within 2 years prior to application;

 

6)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application; and

 

7)         The fee required by Section 21 of the Act.

 

d)         Pursuant to Section 19(B) of the Act, the Division shall verify the licensure information and disciplinary history of each endorsement applicant through the Federation of State Medical Boards or the Chiropractic Information Network-Board Action Database (CIN-BAD).

 

e)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or training is questioned by the Division or the Medical Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Medical Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

f)         Within 60 days after issuance of the license, the physician shall complete a physician profile in accordance with Section 1285.305.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.90  Temporary Licenses

 

a)         To allow for timely processing, an application for a Temporary License to pursue postgraduate clinical training shall be filed at least 60 days prior to the commencement date of the training.

 

b)         An applicant for a Temporary License shall file an application with the Division together with:

 

1)         Proof that the applicant is of good moral character and has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;

 

2)         Proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved by the Division, pursuant to the provisions of Section 1285.40;

 

3)         An official transcript or official transcript and certification of graduation from the medical education program granting the degree verifying that the applicant has met the minimum education requirements of the Act;

 

4)         An official transcript verifying completion of at least 2 years of undergraduate education as required by Section 1285.20(a) and proof of valid ECFMG certification or proof of completion of a Fifth Pathway Program as set forth in Section 1285.20(c) for those applicants who are applying under Section 11(A)(2)(a)(i) of the Act;

 

5)         An original, notarized English translation for any document submitted to the Division in a foreign language.  The translation must be on the translator's letterhead, and the translator must verify that it is "a complete and accurate translation" to the best of the translator's knowledge, and that translator is fluent in the language translated, and is qualified to translate the document;

 

6)         Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been enrolled in a program of medical education or engaged in the active practice of medicine within 5 years prior to application; and

 

7)         The fee required by Section 21 of the Act.

 

c)         If an applicant for temporary licensure has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc. (FSMB), the applicant may request the FSMB to forward a Physician Information Profile to the Division that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), postgraduate clinical training and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division to determine if the applicant meets the requirements for licensure as set forth in the Act and in Section 1285.90(b)(3), (4), and (5).

 

d)         If the application is approved pursuant to Section 17 of the Act and this Section, the Temporary License shall be kept in the care and custody of the hospital.  Any person not licensed to practice medicine in all of its branches in the State of Illinois who is enrolled in a postgraduate clinical training program shall have had a Temporary License issued on his/her behalf to a program that is approved pursuant to the provisions of Section 1285.40 prior to the commencement of the training.

 

e)         Commencement of the postgraduate clinical training program prior to the issuance of a Temporary License shall be construed as the unlicensed practice of medicine.

 

f)         A Temporary License shall be issued for a maximum of three years as provided in this Section.  In no event shall a Temporary License be issued for any purpose other than a postgraduate clinical training program required for licensure under the Act.

 

g)         No more than one Temporary License shall be issued to any person for the same period of time.

 

h)         If a resident or fellow is terminated or resigns from a postgraduate clinical training program prior to its completion, the program director must notify the Division in writing immediately and describe the specific reasons why the resident was terminated or resigned.

 

i)          A Temporary License may be transferred from one program to another within the initial 3 year period upon receipt by the Division of a new application and payment of a $20 fee along with proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved pursuant to the provisions of Section 1285.40.  The program director must provide a letter to the Division describing the specific reasons why the applicant transferred programs.  Requests for transfers shall be filed with the Division at least 60 days prior to the commencement date of the new program.

 

j)          The Division shall allow a 14-day extension of the Temporary License beyond the 3-year period without filing an extension application.  In order to extend beyond the 14-day period, a new application shall be filed with the Division that contains:

 

1)         Proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved pursuant to the provisions of Section 1285.40;

 

2)         A letter from the program director describing the specific reasons why an extension of temporary licensure is required; and

 

3)         The required fee; $230 for a 3-year Extension of Temporary License; $165 for a 2-year Extension of Temporary License; or $100 for a 1-year Extension of Temporary License.

 

k)         The Division shall issue a Limited Temporary License for no more than 6 months on behalf of individuals who apply, and submit evidence that:

 

1)         The applicant is enrolled in a postgraduate clinical training program located in another state that meets the requirements of Section 1285.40;

 

2)         The applicant has been accepted for a specific period of time to perform, under supervision, a portion of the clinical training at a postgraduate clinical training program in the State of Illinois that is approved pursuant to the provisions of Section 1285.40;

 

3)         The approved postgraduate clinical training program in Illinois has assumed supervisory responsibility for the individual during the period specified on the application; and

 

4)         The $100 fee.

 

l)          A Limited Temporary License may be extended when an applicant who was previously granted a Limited Temporary License submits a new application and $100 fee to the Division that satisfies all of the requirements as set forth in Section 1285.90(k).

 

m)        When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Medical Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Medical Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

n)         Any individual who participates in any portion of a postgraduate clinical training program without a Temporary License, a Limited Temporary License, or a license to practice medicine in all of its branches issued by the Division shall be considered to be involved in the unlicensed practice of medicine.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.91  Visiting Resident Permits

 

a)         An individual who is enrolled in a postgraduate clinical training program outside the State of Illinois that is approved by the Division and who has been invited or appointed to perform a portion of that post graduate clinical training program in an Illinois patient care clinic or facility that is affiliated with the out-of-state program shall file an application, on forms provided by the Division, at least 60 days prior to the commencement date of the training.

 

b)         No application shall be considered complete unless it is signed by the applicant, all questions have been answered and it contains or is accompanied by:

 

1)         Proof that the applicant has been invited or appointed to perform a portion of the post graduate clinical training program in Illinois in an Illinois patient care clinic or facility that is affiliated with the out-of-state postgraduate training program;

 

2)         Name and address of the patient care clinics or facilities and the date the training is to begin and the length of time of the invitation or appointment;

 

3)         Name and license number of the Illinois physicians who will be responsible for supervising the applicant;

 

4)         Certification from the post-graduate training program that the applicant is approved and enrolled in an out-of-state post-graduate training program approved by the Division;

 

5)         Either:

 

A)        Proof that the applicant maintains an equivalent authorization to practice medicine in all of its branches or to practice the treatment of human ailments without the use of drugs and without operative surgery in the applicant's native jurisdiction; or

 

B)        Certification of licensure from the jurisdiction in which the applicant's clinical training program is located stating:

 

i)          the date of issuance of the license;

 

ii)         whether the records of the licensing authority contain any record of any disciplinary action taken or pending; and

 

6)         A fee of $100; and

 

7)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application.

 

c)         A visiting resident permit will be issued for 180 days.

 

d)         No more than one visiting resident permit shall be issued to any person for the same period of time.

 

e)         Written notice of the Division's final action on every application for a visiting resident permit shall be given to the applicant and the patient care clinics or facilities.

 

f)         Commencement of the post-graduate training program prior to the issuance of the visiting resident permit shall be construed as unlicensed practice.

 

g)         When a visiting resident is dismissed or otherwise terminates the specialty/residency program, it shall be the responsibility of the staff of the patient care clinic or facility to notify the Division immediately and submit a written explanation to the Division indicating why the visiting resident was dismissed or terminated.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.92  International Medical Graduate Physician Limited License

 

a)         "International medical graduate" is defined under Section 2 of the Act as a medical graduate:

 

1)         who has been trained in a country other than the United States;

 

2)         whose education has been certified by the Educational Commission for Foreign Medical Graduates;

 

3)         who has passed Step 1, Step 2 Clinical Knowledge, and Step 3 of the United States Medical Licensing Examination;

 

4)         who maintains an unencumbered license from another country; and

 

5)         who is not licensed to practice medicine in any state or territory of the United States.  [225 ILCS 60/2]

 

b)         An international medical graduate shall be eligible to apply for a limited license to practice medicine in the State of Illinois.  Upon determination of fitness, the Division will issue a two-year limited license to an international medical graduate in accordance with Section 15.5 of the Act to an applicant who satisfies all of the following criteria:

 

1)         Submits a fully completed application on forms provided by the Division which includes the payment of a $100 fee;

 

2)         Provides an official transcript and diploma or official transcript and certification of graduation from the medical education program granting the degree and proof of Educational Commission for Foreign Medical Graduates (ECFMG) certification; provided, however, that the Division will waive the official transcript and diploma/certification of graduation requirement if the applicant demonstrates, to the Division's satisfaction, that the applicant is unable to obtain the required documentation from a non-cooperating country or educational institution;

 

3)         Provides proof of successful completion of the United States Medical Licensing Examination (USMLE) Steps 1, 2, and 3.  Examination scores shall be submitted directly to the Division from the testing entity;

 

4)         Provides proof of current, unencumbered physician licensure in another country as verified by ECFMG's international credential verification services, currently named EPIC;

 

5)         Submits evidence the applicant has at least three years of post-graduate training in another country verified by ECFMG or submits evidence that the applicant has been engaged in the active practice of medicine in the country where the applicant is licensed for at least two of the last five years. If the active practice of medicine predates the two years immediately preceding the date of application, the applicant must show evidence of a United States clinical experience, including one of the following:

 

A)        A Clinical Rotation. A structured rotation in a specific medical department, often within a hospital or university setting to gain practical experience in patient care.

 

B)        An Observership. An opportunity to shadow a United States licensed physician without a prior disciplinary history and observe the physician's daily routines and patient care, providing valuable insights into US medical practice.

 

C)        An Externship. A hands-on experience where the individual is actively involved in patient care under the guidance of a physician preceptor.

 

D)        Electives. An opportunity to complete clinical rotations in specific areas of medicine, often chosen by the individual to align with their career interests.

 

E)        Holds an active Illinois physician assistant or advanced practice registered nurse license without prior disciplinary action.

 

6)         Has entered into an agreement with a sponsoring entity which must be one of the following:  a hospital, a Federally Qualified Health Center, a State-operated mental health facility or developmental center or a correctional center operated by the Department of Corrections, a community health center as defined in 77 Ill. Adm. Code 591.20, a multispecialty medical practice or clinic with two or more active physicians who hold unrestricted licenses to practice in the State of Illinois and which participates in graduate medical education, or another facility approved by the Division that provides an annual supervisor assessment and summative evaluation designed to develop, assess, and evaluate the individual's nonclinical and clinical skills and familiarity with standards appropriate for medical practice in the State of Illinois; and

 

7)         Submits to and passes the background check required of physician license applicants under Sections 1285.70 and 1285.80.

 

c)         Upon the issuance of the limited license, an individual may only practice:

 

1)         Within the sponsoring entity; and

 

2)         Under the supervision and control of the sponsoring entity who designates a supervisor who possesses a full and unrestricted Illinois license to practice medicine in all of its branches that has never been disciplined in the State of Illinois. The supervisor must be either board certified or actively participating in their maintenance of certification in the specialty or completed a residency or fellowship in a similar specialty to the one the applicant is pursuing.

 

d)         An applicant for limited license must maintain a practice agreement, made available to the Department upon Department request, between the applicant and the sponsoring entity that provides an annual supervisor assessment and summative evaluation.

 

e)         The sponsoring entity must ensure that the supervisor has sufficient support and dedicated time to effectively carry out educational, administrative, and professional responsibilities. The supervising physician shall maintain the final responsibility for the care of the patient and the performance of the limited license holder. All procedures and tasks performed by the limited license holder shall be within the current scope of practice of the supervising physician. It is the responsibility of the supervising physician to direct and review the practice of the limited license holder to ensure that appropriate directions are given and understood and that appropriate treatment is being rendered. Failure of the supervising physician to properly supervise a limited license holder may result in discipline under Section 1285.240.

 

f)         Should either party terminate the practice agreement, it shall be the responsibility of both the limited license holder and the sponsoring entity to notify the Division immediately and submit a written explanation to the Division indicating why the practice agreement was terminated.  A limited license holder may only practice within the sponsoring entity and under the supervision of a licensed physician in accordance with Section 1285.92(c).

 

g)         A limited license issued under this Section is valid for two years and may be renewed every two years if the applicant meets the requirements of Section 1285.120, with the exception of the continuing medical education requirement for the first renewal.

 

h)         A limited license holder shall be entitled to perform only those actions that are within the scope of practice of the supervising physician, as may be prescribed by and incidental to the limited license holder's practice agreement with the sponsoring entity while under supervision.  A limited license holder shall not be entitled to otherwise engage in the practice of medicine in this State unless fully licensed in this State.

 

i)          All persons licensed under this Section are subject to the jurisdiction of the Division to the same extent as all other licensees under the Medical Practice Act of 1987.

 

(Source:  Added at 49 Ill. Reg. 11270, effective August 29, 2025)

 

Section 1285.93  International Medical Graduate Physician Pathway to Full Unrestricted Licensure

 

a)         An individual who successfully obtains a limited license pursuant to Section 1285.92 and practices under such limited license continuously until its expiration shall be eligible to apply for a two-year restricted license to practice medicine, in a location within Illinois designated by the federal Health Resources and Services Administration (HRSA) as a Health Professional Shortage Area, Medically Underserved Area or Medically Underserved Population.  This license is restricted in designation only, and a restricted license holder shall be entitled to practice independently in Illinois in a Health Professional Shortage Area, Medically Underserved Area or by serving Medically Underserved Populations. 

 

b)         For purposes of determining approved practice locations for a restricted license applicant, the Department will recognize the Health Professional Shortage Areas, Medically Underserved Areas and Medically Underserved Populations that are designated by HRSA as of the date the application for restricted licensure was filed. If HRSA should cease to designate or keep data on Health Professional Shortage Areas, Medically Underserved Areas or Medically Underserved Populations, the Department will use the HRSA designations and data that were in effect on October 1, 2025.

 

c)         The Division may issue a two-year restricted license to practice medicine in a Health Professional Shortage Area, Medically Underserved Area or Medically Underserved Population, so long as the individual maintained a limited license in accordance with Section 1285.92 and provides the Division with:

 

1)         A fully completed application on forms provided by the Division;

 

2)         Proof of successful completion of a two-year supervised work experience at a sponsoring entity for which the limited license was issued, including, but not limited to, certification of the completion of the annual supervisor's assessment and summative evaluation;

 

3)         Proof of anticipated employment approved by the Division in a location within Illinois designated by HRSA as a Health Professional Shortage Area, Medically Underserved Area or Medically Underserved Population; and

 

4)         Payment of a $230 fee.

 

d)         An individual who obtains a restricted license pursuant to this Section shall not practice medicine:

 

1)         In a solo private practice setting; or

 

2)         In the form of telemedicine. All patient interactions must be face to face.

 

e)         An individual who obtains a restricted license pursuant to this Section and practices under such restricted license until its expiration shall be eligible to apply for a full unrestricted license to practice medicine.

 

f)         The Division will issue a full unrestricted license to practice medicine in all of its branches to an individual in accordance with Section 15.5 of the Act who has maintained a restricted license and provides the Division with:

 

1)         A fully completed application on forms provided by the Division; and

 

2)         Proof of two-years' worth of work experience within a location within Illinois designated by HRSA as a Health Professional Shortage Area, a Medically Underserved Area or Medically Underserved Population.

 

g)         Within 60 days after issuance of a restricted license, the licensee shall complete a physician profile in accordance with Section 1285.305.

 

(Source:  Added at 49 Ill. Reg. 11270, effective August 29, 2025)

 

Section 1285.95  Professional Capacity Standards for Licensure Applicants

 

Pursuant to Section 9(B)(4) of the Act, in determining professional capacity for individuals who have not been actively engaged in the practice of medicine or as a medical, osteopathic, or chiropractic student or who have not been engaged in a formal program of medical education during the 2 years immediately preceding application for licensure as a physician and surgeon or chiropractic physician and during the 5 years immediately preceding application for temporary licensure as a physician and surgeon, the individual may be required to complete such additional testing, training, or remedial education as the Medical Board may deem necessary to establish the applicant's present capacity to practice medicine with reasonable judgment, skill and safety.  In determining professional capacity, the Board shall consider, but not be limited to, the following activities:  

 

a)         Medical research that is human clinical research consistent with the requirements of the Federal Food and Drug Administration (21 CFR 50) (2001, no further amendments or additions included) and the Consumer Product Safety Commission (16 CFR 1028) (2001, no further amendments or additions included) or other equivalent medical research.

 

b)         Specialized training or education that is clinical training or clinical education such as, or equivalent to, the following:  

 

1)         Clinical training that takes place in a residency training program in accordance with the requirements set forth in Section 1285.40 or the equivalent (e.g., residency training in another state or jurisdiction).

 

2)         Clinical medical practice in the National Health Service or its equivalent.

 

3)         Continuing medical education (CME) recognized by the Accreditation Council on Continuing Medical Education (ACCME), the American Osteopathic Association (AOA), American Chiropractic Association (ACA), or continuing medical education in accordance with Section 1285.110.

 

4)         Post-graduate education in basic or related medical sciences in any state or jurisdiction.

 

c)         Publication of original work in clinical medicine published in medical or scientific journals that are listed by the Cumulative Index Medicus (CIM).

 

d)         Clinical research or professional clinical medical practice in public health organizations (e.g., World Health Organization (WHO), Malaria Prevention programs, United Nations International Children's Emergency Fund (UNICEF) programs, both national and international).

 

e)         Having been engaged in clinical research or clinical medical practice at a veterans, military, or other medical institution operated by the federal government.

 

f)         Other professional or clinical medical activities or chiropractic activities, such as, or equivalent to, the following: 

 

1)         Presentation of papers or participation on panels as a faculty member at a program approved or recognized by the American Medical Association (AMA) or its affiliates, the American Osteopathic Association (AOA) or its affiliates, the American Chiropractic Association (ACA) or its affiliates, or a recognized specialty society or equivalent recognized by the medical community; or

 

2)         Experience obtained as a Visiting Professor in accordance with Section 18(A) of the Act.

 

g)         Clinical medical practice obtained in violation of the Act shall not be considered by the Medical Board in determining professional capacity for the purposes of this Section.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.100  Visiting Professor Permits

 

a)         Any person not licensed in this State to practice medicine in all of its branches or as a chiropractic physician who has been appointed as a visiting professor at a medical, osteopathic or chiropractic program (program of medicine) in this State must be the holder of a Visiting Professor Permit issued by the Division pursuant to the provisions of Section 18 of the Act.

 

b)         An application for a Visiting Professor Permit shall be made on forms provided by the Division.  The application shall include:

 

1)         The name and location of the applicant's program of medicine, dates of attendance, date and type of degree conferred;

 

2)         Certification from the jurisdiction of original licensure indicating:

 

A)        The date of issuance and status of the license; and

 

B)        Whether the records of the licensing authority contain any record of any disciplinary action or pending action;

 

3)         Certification from the Dean of the program of medicine indicating:

 

A)        That the entity has contracted with the applicant and the applicant has received a faculty appointment to teach in the program;

 

B)        Name and address of the patient care clinics or facilities affiliated with the medical program at which the applicant will be providing instruction and/or providing clinical care and a justification for any clinical activities that will be provided at the facilities;

 

C)        The nature of the educational services to be provided by the applicant and the qualifications of the applicant to provide these services;

 

D)        The term of the contract;

 

4)         A copy of the applicant's current curriculum vitae; and

 

5)         The $600 fee; and

 

6)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application.

 

c)         Written notice of the Division's final action on every application for a Visiting Professor Permit shall be given to the applicant and the program of medicine designated.  The applicant shall not commence the faculty appointment before the program receives written notification of the approval of the application.  Notification may occur by email to an applicant's email address of record.

 

d)         The initial Visiting Professor Permit shall be valid for 2 years or for the term of the faculty appointment, if less than 2 years.  The Visiting Professor Permit may be renewed.  Renewed Visiting Professor Permits shall be issued to expire on July 31 in the year of the physician license renewal. Individuals holding a valid Visiting Professor Permit on the effective date of this Section are eligible for renewal of that permit pursuant to subsection (e).

 

e)         Permit Renewal

 

1)         For the first renewal of the Visiting Professor Permit, the permit holder shall file an application with the Division, on forms provided by the Division, that includes:

 

A)        Certification from the Dean of the program of medicine indicating the term of the renewal contract and a list of the affiliated patient care clinics and facilities where the permit holder will be providing instruction and the justification for any clinical activities that will be provided at the facilities;

 

B)        Certification from the jurisdiction of original licensure indicating the current status of the license;

 

C)        Proof of successful completion of:

 

i)         the United States Medical Licensing Examination (USMLE) Step 2 in accordance with Section 1285.60 for a visiting professor to practice medicine in all of its branches; or

 

ii)        the National Board of Chiropractic Examiners (NBCE) Part II or SPEC in accordance with Section 1285.60 for a visiting professor to practice chiropractic; and

 

D)         The renewal fee of $600.

 

2)        After the first renewal, a Visiting Professor Permit shall be renewed in accordance with subsection (f).

 

f)         For renewals not made pursuant to subsection (e), the application for renewal of a Visiting Professor Permit shall be made on forms supplied by the Division at least 60 days prior to expiration of the permit.  The Visiting Professor Permit renewal application shall include:

 

1)         Certification from the Dean of the program of medicine indicating a valid contract between the visiting professor and the school and a list of the affiliated patient care clinics and facilities where the permit holder will be providing instruction and the justification for any clinical activities that will be provided at the facilities;

 

2)         Certification from the jurisdiction of original licensure indicating the current status of the license;

 

3)         Completion of 150 hours continuing medical education in accordance with Section 1285.110; and

 

4)         The renewal fee of $600.

 

g)         When any person on whose behalf a Visiting Professor Permit has been issued discharges or terminates the faculty appointment, any permit issued in the name of such person shall be null and void as of the date of discharge or termination.  The program of medicine shall immediately provide written notice of the reason for the discharge or termination.

 

h)         Only one Visiting Professor Permit shall be issued to an applicant.  If the faculty appointment for which the permit was issued is terminated and the holder of the permit desires to remain in the State and practice or teach his/her profession, he/she must apply, meet all the requirements of this State, and receive a license to practice that profession.

 

i)          When there has been a change in or addition to privileges of a visiting professor or a change in a facility where instruction or clinical care is being provided, the program shall notify the Division in writing of the changes and a justification for the changes.  The Division, shall review the information and determine if a new permit needs to be issued.

 

j)          Nothing in this Section shall prohibit the holder of a Visiting Professor Permit from applying for and receiving a license to practice their profession in this State during the term of their faculty appointment.  In the event the holder of a permit is issued a license to practice their profession in this State, upon receipt of the license, the permit shall become null and void pursuant to the provisions of subsection (h).

 

k)         Persons holding a permit under this Section shall only practice medicine in all of its branches or practice the treatment of human ailments without the use of drugs and without operative surgery in the State of Illinois in their official capacity under their contract within the medical school itself and any affiliated institution in which the permit holder is providing instruction as part of the medical school's educational program and for which the medical school has assumed direct responsibility.  (Section 18 of the Act)

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.101  Visiting Physician Permits

 

a)         Any person not licensed in this State to practice medicine in all of its branches or as a chiropractic physician who has received an invitation or appointment to study, demonstrate, or perform a specific medical, osteopathic, chiropractic or clinical subject or technique in a medical, osteopathic, or chiropractic school, a state or national medical osteopathic, or chiropractic professional association, or society conference or meeting, a hospital, or a facility operated pursuant to the Ambulatory Surgical Treatment Center Act [210 ILCS 5] in this State must be the holder of a Visiting Physician Permit issued by the Division pursuant to the provisions of Section 18(B) of the Act.

 

b)         An application for a Visiting Physician Permit shall be made on forms provided by the Division.  The application shall include:

 

1)         Certification from the jurisdiction of current licensure indicating the date of licensure and current status of the license;

 

2)         Certification from the dean or program director of the school or hospital indicating:

 

A)        That the person has received an invitation or appointment to study, demonstrate, or perform a specific clinical subject or technique;

 

B)        The nature of the educational services to be provided to the applicant;

 

C)        The term of the contract;

 

3)         A copy of the applicant's current curriculum vitae;

 

4)         The fee of $200; and

 

5)         Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall be taken not more than 60 days prior to the application.

 

c)         Written notice of the Division's final action on every application for a Visiting Physician Permit shall be given to the applicant and/or the school or hospital designated.  The applicant shall not commence the appointment before the program receives written notification from the Division of the approval of the application.  Notification may be made by email to the applicant's email address of record.

 

d)         A Visiting Physician Permit shall be valid for 180 days or until such time as the clinical studies, demonstration, or performance of techniques are completed, whichever occurs first.

 

e)         When the holder of a Visiting Physician Permit has been discharged or terminated from an appointment, any certificate issued in the name of the person shall be null and void as of the date of the discharge or termination. The school or hospital shall immediately provide to the Division written notice of the reason for the discharge or termination.

 

f)         Only one Visiting Physician Permit shall be issued to an applicant per 12-month period.  If, at the conclusion of the term of the appointment for which the permit was issued, the holder of the permit desires to remain in the State and practice or teach his/her profession, he/she must apply for and receive a license to practice medicine in all of its branches or as a chiropractic physician.

 

g)         Nothing shall prohibit the holder of a Visiting Physician Permit from applying for and receiving a license to practice his/her profession in this State during the term of the appointment.  In the event the holder of a permit is issued a license to practice in this State, upon issuance of the license, the permit shall become null and void pursuant to the provisions of subsection (f).

 

h)         A Limited Visiting Physician Permit will be issued by the Division to an out-of-state physician who has been requested to perform an emergency procedure in Illinois.

 

1)         An individual seeking a Limited Visiting Physician Permit shall apply to the Division, on forms provided by the Division, and submit the following:

 

A)        Verification of licensure in another jurisdiction;

 

B)        A description of the emergency procedure to be performed;

 

C)        The exact date and location of the procedure;

 

D)        The name and license number of the sponsoring physician who will be responsible for the applicant;

 

E)        Proof from the hospital that the applicant has approval from the facility to perform the procedure signed by the administrator of the hospital;

 

F)         A copy of an up-to-date curriculum vitae;

 

G)        A $100 fee; and

 

H)        Verification of a fingerprint-based background check submitted to the Illinois State Police (ISP) electronically through a licensed live scan fingerprint vendor.  The fingerprints shall be checked against the ISP and Federal Bureau of Investigation criminal history record.  Out-of-state residents may have their fingerprints taken by a fingerprinting agency outside of Illinois and submit one fingerprint card, accompanied by the fee specified by ISP, to a licensed live scan fingerprint vendor with card scan capability.  Fingerprints shall not be taken not more than 60 days prior to the application.

 

2)         The permit will be issued for no more than 5 days.  However, in extenuating circumstances, upon review by the Chairman of the Medical Board or his/her designee, the permit may be extended.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.105  Chiropractic Physician Preceptorship (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 3620, effective February 15, 2000)

 

Section 1285.110  Continuing Medical Education (CME)

 

The Division shall promulgate rules of continuing education for persons licensed under the Act that require 150 hours of continuing education per license renewal cycle. This Part shall be consistent with requirements of relevant professional associations, specialty societies, or boards.  This Part will also address variances for illness or hardship.  In establishing this Part, the Division shall consider educational requirements for medical staffs, requirements for specialty society board certification or for continuing education requirements as a condition of membership in societies representing the 2 categories of licensee (physicians licensed to practice medicine in all of its branches and chiropractic physicians) under the Act. This Part shall assure, but not be limited to, that licensees are given the opportunity to participate in those programs sponsored by or through their professional associations or hospitals that are relevant to their practice.  Each licensee is responsible for maintaining records of completion of continuing education and shall be prepared to produce the records when requested by the Division.  (Section 20 of the Act)

 

a)         Continuing Medical Education (CME) Hours Requirements

 

1)         In order to renew a license, a licensee shall be required to complete 150 hours of CME per prerenewal period.

 

2)         A prerenewal period is the 36 months preceding July 31 in the year of the renewal.

 

3)         One CME hour shall equal 60 minutes.  After completion of the initial CME hour, credit may be given in 30-minute increments.

 

4)         A renewal applicant shall not be required to comply with CME requirements for the first renewal of an Illinois license.  A renewal applicant shall not be required to comply with CME requirements for the renewal of an Illinois license that has been reinstated to active status during the pre-renewal period.

 

5)         Individuals licensed in Illinois but residing and practicing in other states shall comply with the CME requirements set forth in this Section.

 

6)         CME credit hours used to satisfy the CME requirements of another jurisdiction may be applied to fulfill the CME requirements of the State of Illinois if the CME required by the other jurisdiction is verified as approved by the jurisdiction in which the CME was completed.  Licensees may only claim hours that are documented consistent with the requirements in subsection (c)(7).

 

7)         The Division, upon recommendation of the Medical Board, will accept the American Medical Association Physician Recognition Award (AMA PRA) certificate awarded to physicians licensed to practice medicine in all of its branches as documentation of compliance with the 150 CME hours set forth in this Part.  The hours shall be earned consistently with the prerenewal period set forth in subsection (a)(2).

 

8)         CME used to satisfy the requirements for renewal of a license may not be used to satisfy the CME requirements for another renewal period.

 

9)         The CME requirements set forth in this Section apply to both physicians licensed to practice medicine in all of its branches and chiropractic physicians licensed in Illinois.

 

b)         CME hours for both physicians licensed to practice medicine in all of its branches and chiropractic physicians in Illinois shall be earned by, but not limited to, verified attendance at (e.g., certificate of attendance or certificate of completion) or participation in a program or course (program) as follows:

 

1)         CME hours shall be earned as follows:

 

A)        A minimum of 60 hours of required CME shall be obtained in formal CME programs set forth in subsection (b)(2); and

 

B)        A maximum of 90 hours of the required CME shall be obtained in informal CME programs or activities as set forth in subsection (b)(3).

 

2)         Formal CME Programs:

 

A)        Formal programs conducted or endorsed by hospitals, specialty societies, and facilities, and other programs offered by other organizations approved to offer CME credit as set forth in subsection (c).

 

B)        Formal CME programs conducted by medical, chiropractic or osteopathic colleges, schools, or education programs.  A maximum of 12.5 hours of CME may be claimed for each month of postgraduate clinical training completed in a program approved by the Division in accordance with Section 1285.40.

 

C)        CME programs required for certification or recertification by specialty boards and professional associations.

 

D)        Activities conducted by sponsors approved in accordance with this Section:

 

i)          CME activities utilizing enduring materials such as podcasts, CD-ROMs, DVDs, archived, webinars, printed educational materials, audiotapes, video cassettes, films, slides, and computer assisted instruction that provide a clear, concise statement of the educational objectives and indicate the intended audience.  These programs shall also have a method of verifying physicians' participation;

 

ii)         Live activities, such as specialty society annual meeting and conferences, workshops, seminars, journal clubs, and live Internet webinars;

 

iii)        Internet point-of-care learning – Structured CME activities using online databases to engage in self-directed learning on topics relevant to clinical practice; and

 

iv)        Journal-based CME.

 

3)         Informal CME programs or activities shall consist of, but not be limited to, any of the following activities that the licensee must document, including the dates and a brief description of the activity:

 

A)        Unstructured online searching and learning;

 

B)        Use of electronic databases in patient care;

 

C)        Consultation with peers and medical experts;

 

D)        Teaching health professionals;

 

E)        Medical writing;

 

F)         Self-assessment activities;

 

G)        Preceptorship participation;

 

H)        Participating in formal peer review and quality assurance activities;

 

I)         Preparation of educational exhibits; or

 

J)         Journal reading including reading authoritative medical literature.

 

c)         CME Sponsors and Formal Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        For physicians licensed to practice medicine in all of its branches:

 

i)          Accreditation Council on Continuing Medical Education and organizations accredited by ACCME as sponsors of CME;

 

ii)         Illinois State Medical Society, or its affiliates;

 

iii)        Council on Continuing Medical Education for the American Osteopathic Association and the Illinois Osteopathic Medical Society or its affiliates; or

 

iv)        Any other organization that has been approved by the Division pursuant to subsection (c)(2) to provide CME in accordance with this Section (e.g., ambulatory procedure centers, blood banks, government or military agencies, group medical practices health law firms, health professional membership organizations, infusion centers, insurance or managed care companies, nursing homes, publishing or education companies, rehabilitation centers, software developers).  Organizations eligible to be approved by the Division are those whose mission and function are:

 

●          Providing clinical services directly to patients;

 

●          The education of healthcare professionals; or

 

●          Serving as fiduciary to patients, the public, or population health. 

 

B)        For chiropractic physicians:

 

i)          Illinois Chiropractic Society, or its affiliates;

 

ii)         Illinois Prairie State Chiropractic Association, or its affiliates;

 

iii)        Commission on Accreditation the Council on Chiropractic Education;

 

iv)        International Chiropractic Association, or its affiliates;

 

v)         American Chiropractic Association, or its affiliates; or

 

vi)        Any other accredited school, college or university, State agency, or any other person, firm, or association that has been approved and authorized by the Division pursuant to subsection (c)(2) to coordinate and present continuing medical education courses and programs in conjunction with this Section.

 

C)        Physicians licensed to practice medicine in all of its branches or chiropractic physicians may earn CME hours from the sponsors set forth in subsections (c)(1)(A) and (B).

 

2)         An organization, not listed in subsections (c)(1)(A) and (B), seeking approval as a CME sponsor for formal programs shall submit an application, on forms supplied by the Division, along with a $2000 nonrefundable application fee. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.)  The application shall include:

 

A)        Certification:

 

i)          The provider has a CME mission statement that includes expected results described in terms of changes in competence, performance, or patient outcomes that will be the result of the CME programs;

 

ii)         The provider gathers data or information and conducts a program-based analysis on the degree to which the CME mission of the program has been met through the conduct of CME activities;

 

iii)        The provider identifies, plans, and implements the needed or desired changes in the overall program (e.g., planners, teachers, infrastructure, methods, resources, facilities, interventions) that are required to improve on ability to meet the CME mission;

 

iv)        The provider incorporates into CME activities the educational needs (knowledge, competences, or performance) that underlie the professional practice gaps of their program participants;

 

v)         The provider generates activities that are designed to change competence, performance, or patient outcomes as described in its mission statement;

 

vi)        The provider chooses educational formats for activities that are appropriate for the setting, objectives, and desired results of the activity;

 

vii)       The provider develops activities in the context of desirable physician attributes (competencies);

 

viii)      The provider analyzes changes in learners (competence, performance, or patient outcomes) achieved as a result of the overall program's activities;

 

ix)        All programs offered by the provider comply with the criteria for Continuing Medical Education (CME) in Section 1285.110;

 

x)         The provider is responsible for verifying participants' completion of its programs and providing a certificate of attendance as described in subsection (c)(7); and

 

xi)        Upon request by the Division, the provider shall submit evidence (e.g., certificate of attendance, course materials) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that the information is necessary to ensure compliance.

 

B)        A copy of a sample program including course materials, syllabi, and a list of faculty.

 

3)         All formal programs shall:

 

A)        Be educational activities that meet the standards of this Section and that service to maintain, develop, or increase the knowledge, skills, and professional performance that a physician uses to provide care, or to improve the quality of care provided to patients.  These may include, but are not limited to, educational activities that meet any of the following criteria:

 

i)          Have a scientific or clinical content with a direct bearing on the quality or cost-effective provision of patient care, community or public health, or preventive medicine.

 

ii)         Concern quality assurance or improvement, risk management, health facility standards, or the legal aspects of clinical medicine.

 

iii)        Concern bioethics or professional ethics.

 

iv)        Are designed to improve the physician-patient relationship;

 

B)        Be learning and development activities that are trustworthy and based on best practices and high-quality evidence;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content and teaching methods to be used; and

 

E)        Specify the number of CME hours that may be applied to fulfilling the Illinois CME requirements for license renewal.

 

4)         Each CME formal program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail.  The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         An approved sponsor may subcontract with individuals and organizations to provide approved programs.  All advertising, promotional materials, and certificates of attendance must identify the licensed sponsor and the sponsor's license number.  The presenter of the program may also be identified but should be identified as a presenter.  When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for attendance, providing certificates of attendance and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.

 

6)         To maintain approval as a sponsor, each shall submit to the Division by July 31 in the year of renewal a renewal application, and a $2000 fee.

 

7)         Certification of Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The name, address, and license number of the sponsor;

 

B)        The name and address of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

8)         The sponsor shall maintain attendance records for not less than 5 years.

 

9)         The sponsor shall be responsible for assuring that no individual shall receive CME credit for nonparticipation in a program.

 

10)         Upon the failure of a sponsor to comply with any of the preceding requirements of this Section, the Division, after notice to the sponsor shall thereafter refuse to accept for CME credit attendance at or participation in any of that sponsor's CME programs until such time as the Division receives evidence of compliance with this Section.

 

11)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CME program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CME Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CME requirements set forth in subsections (a) and (b).

 

2)         The Division may require additional evidence demonstrating compliance with the CME requirements (e.g., certificate of attendance). It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

e)         Waiver of CME Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CME requirements shall file with the Division a renewal application along with the required fee set forth in Section 21(e)(4) of the Act, a statement setting forth the facts concerning non-compliance and a request for waiver of the CME requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Medical Board, finds from such affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CME requirements for the renewal period for which the applicant has applied.

 

2)         Hardship shall be determined on an individual basis by the Medical Board and be defined as an inability to devote sufficient hours to fulfilling the CME requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

 

B)        A temporary incapacitating illness documented by a statement from a currently licensed physician;

 

C)        Temporary undue hardship (prolonged hospitalization, family illness); or

 

D)        Any other similar extenuating circumstances.

 

3)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.120  Renewals

 

a)         Every license issued under the Act shall expire on July 31, 1990, and every third year thereafter.  A licensee is required to complete 150 hours of CME in accordance with Section 1285.110 of this Part in order to renew the license.  The holder of a license may renew such license during the month preceding the expiration date by paying the required fee stated in Section 21(e)(5) of the Act.

 

b)         It is the responsibility of each licensee to notify the Division of any change of physical or email address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee and to renew the license in a timely manner.

 

c)         Practicing or operating on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 22 of the Act.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.130  Reinstatement from Expired, Inactive, or Not Renewed Status

 

a)         A licensee seeking reinstatement of a license from not renewed status that has been expired for 3 years or less shall have a license reinstated upon payment of all lapsed renewal fees required by Section 21 of the Act, a completed physician profile in accordance with Section 1285.305 of this Part, and proof of completion of 150 hours of CME in accordance with Section 1285.110 of this Part.

 

b)         A licensee seeking reinstatement of a license from inactive status that has been placed on inactive status for 3 years or less shall have the license reinstated upon payment of the current renewal fee, submission of a completed physician profile in accordance with Section 1285.305, and the continuing education requirements for the last renewal period.

 

c)         A licensee seeking reinstatement of a license after it has been expired or been placed on inactive status for more than 3 years shall file an application, on forms supplied by the Division, together with the fee required by Section 21 of the Act, a completed physician profile in accordance with Section 1285.305 of this Part, and proof of completion of 150 hours of continuing education in accordance with Section 1285.110 of this Part.  The licensee shall also submit one or more of the following to be considered as a factor in determining professional competency:

 

1)         Sworn evidence of active practice in another jurisdiction.  That evidence shall include a verification of employment and a statement from the appropriate board or licensing authority in the other jurisdiction within 3 years from the date of the application that the licensee was authorized to practice during the term of active practice.

 

2)         An affidavit attesting to military service as provided in Section 21 of the Act.

 

3)         Proof of successful completion of an approved postgraduate clinical training program of at least 12 months in length within 3 years from the date of application.

 

4)         Proof of completion evidenced by verification of medical education of a course of study of at least 30 credit hours in a college approved by the Division under the Act within 3 years from the date of application.

 

5)         Successful completion of the Step 3 of the United States Medical Licensing Examination (USMLE), the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable Purpose Examination for the United States of America (COMVEX-USA) within 3 years prior to the date of application.  To be successful an applicant must receive a passing score as determined by the Federation of State Medical Boards and the National Board of Medical Examiners or the National Board of Osteopathic Medical Examiners.  Any applicant for reinstatement who fails Step 3 of the USMLE, the SPEX or the COMBEX-USA 3 times shall be required to furnish proof of 12 months of remedial education in an approved postgraduate clinical training program prior to taking the exam an additional time.  If an applicant for reinstatement is unable to complete Step 3 of the USMLE due to unavailability of the examination, the applicant shall take the Special Purpose Examination and must receive a score of 75 or better.

 

6)         For individuals with a chiropractic license, proof of completion of 30 credit hours (academic hours) in an accredited chiropractic program within 3 years from the date of application or the Special Examination for Chiropractic (SPEC) or its equivalent as approved by the Board.

 

d)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is reasonably questioned by the Division because of discrepancies or conflicts in information, information needing further clarification, and/or missing information, the licensee seeking reinstatement of a license will be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Explain the relevance or sufficiency during an oral interview; or

 

3)         Appear for an oral interview before the Medical Licensing Board designed to determine the individual's current competency to practice under the Act.  Upon the recommendation of the Medical Licensing Board, an applicant shall have his or her license reinstated.

 

e)         Placement of a license into inactive status does not preclude the Division from proceeding with any action pursuant to Section 22 of the Act.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.135  Restoration from Disciplinary Status

 

a)         Prior to filing a petition for restoration, a licensee seeking restoration of a license that has been in refuse to renew status, suspended, revoked, or otherwise barred from the practice of medicine for less than two years shall comply with the requirements of Section 1285.130(a).

 

b)         Prior to filing a petition for restoration, a licensee seeking restoration of a license that has been in refuse to renew status, suspended, revoked, or otherwise barred from the practice of medicine for more than two years shall submit to the Department one or more of the following to be considered as a factor in determining professional competency:

 

1)         Proof of successful completion (evidenced by Certification of Clinical Training) of an approved specialty residency program of at least 12 months in length within two years from the date of application.

 

2)         Proof of completion evidenced by Certification of Medical Education of a course of study of at least 30 credit hours (one academic year) that includes no more than 25 clock hours of basic sciences and 40 clock hours of clinical sciences in a college approved by the Division under the Act within two years from the date of application.

 

3)         Successful completion of Step 3 of the United States Medical Licensing Examination (USMLE) or a Board approved assessment program within two years prior to the date of the petition for restoration.  Any licensee who fails any portion or all portions of the USMLE shall be required to furnish proof of remedial education in an approved program.  Proof of additional remedial education in an approved program shall also be furnished each time the applicant fails the USMLE after undergoing remedial education (i.e., after the sixth, ninth exam, etc.).

 

4)         For individuals applying for a chiropractic license, proof of completion of 30 credit hours (academic hours) in an accredited chiropractic program within two years from the date of application or the Part IV of the National Board of Chiropractic Examiners (NBCE) Exam or its equivalent as approved by the Board.

 

(Source:  Added at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.140  Granting Variances

 

The Director may grant variances from this Part in individual cases where the Director finds that:

 

a)         the provision from which the variance is granted is not statutorily mandated;

 

b)         no party will be injured by the granting of the variance; and

 

c)         the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.200  Illinois State Medical Board

 

The Illinois State Medical Board (the "Medical Board"), whose powers and duties are set forth in Section 7 of the Act, shall be responsible for all discipline for physicians licensed under the Medical Practice Act of 1987 and physician assistants licensed under the Physician Assistant Practice Act of 1987 [225 ILCS 95].

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.205  Complaint Committee

 

a)         There shall be a Complaint Committee of the Board composed of the Medical Coordinators established by Section 7(g) of the Act, the Chief of Medical Investigations (person employed by the Division who is in charge of investigating complaints against physicians and physician assistants), and at least two voting members of the Board (at least two of whom shall be physicians) designated by the Chairperson of the Board with the approval of the Board. The Chief of Medical Prosecutions, or their designee, shall participate in the Complaint Committee to fulfill the duties under subsection (c)(3).

 

b)         The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c).  At least two members of the Board shall be in attendance in order for any business to be transacted by the Complaint Committee.  The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each item on its agenda.

 

c)         The Complaint Committee shall have the following duties and functions:

 

1)         To recommend to the Medical Board that a complaint file be closed.

 

2)         To refer a complaint file to the office of the Chief of Medical Prosecutions for review.

 

3)         To make a decision in conjunction with the Chief of Medical Prosecutions regarding action to be taken on a complaint file.

 

4)         In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider the following factors, but not be limited to:  sufficiency of the evidence presented, prosecutorial merit under Section 22 of the Act, and insufficient cooperation from complaining parties.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.210  The Medical Coordinator

 

The Medical Coordinator shall be responsible for reviewing complaints and investigations of complaints and for making recommendations to the Complaint Committee and the Board regarding the investigation and disposition of complaints.  He or she shall also serve as a member of the Complaint Committee.  The Medical Coordinator shall be responsible for consulting with the Probation Compliance Unit, established by the Division, to monitor physicians and physician assistants who have been disciplined to assure compliance with the terms of their probation and/or other disciplinary action and for making status reports to the Board regarding such compliance.  The Medical Coordinator shall also be responsible for administering programs of care, counseling, or treatment for enrolled physicians and physician assistants.  The Medical Coordinator shall also testify on behalf of the Department within his/her expertise regarding the standards of the profession when requested by the Chief of the Medical Prosecutions and/or his/her designee.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.215  Complaint Handling Procedure

 

a)         The following definitions shall apply to this Part:

 

1)         "Initial claim" shall mean an allegation made against a physician or physician assistant that results in a preliminary analysis to determine whether the Division should conduct a further investigation.

 

2)         "Complaint" shall mean the initial claim made against a physician or physician assistant that results in further inquiry or investigation.  To become a complaint, an initial claim must present a potential violation of Section 22 of the Act, or Section 21 of the Physician Assistant Practice Act of 1987 (PA Act) [225 ILCS 95] and must not be barred by the statute of limitations or be precluded by some other inherent defect that would prevent the Division from being able to prove a violation of the Act or PA Act.  An inherent defect is the absence of something necessary for something to be complete.  An inherent defect includes, but is not limited to, complainants' refusal to provide necessary medical records so that an investigation may be conducted or completed.

 

3)         "Formal Complaint" shall mean the filing by the Division conforming to the rules of practice before the Division alleging facts that would constitute grounds for the revocation or other disciplinary action of the license of a physician or physician assistant under Section 22 of the Act or Section 21 of the PA Act, respectively.

 

b)         Initial claims against physicians and physician assistants may be made in writing, via email or internet submission, by telephone, or in person.  All initial claims shall be recorded by the Division and forwarded to the Chief of Medical Investigations for review.  Upon receipt of an initial claim, the Division shall provide to complainants a brochure that provides information about the complaint process, the role of the Division, the reasons for disciplinary action, and other commonly asked questions, to be included in the first mailing sent to the complainant, along with verification that an initial claim was received and forwarded to the Chief of Medical Investigations.

 

c)         After review, the Chief of Medical Investigations, in conjunction with the Chief Medical Coordinator and the Chief of Medical Prosecutions, will recommend to the Complaint Committee whether an initial claim should become a complaint.  If the recommendation to the Complaint Committee is for the initial claim to be closed, then the Chief of Medical Investigations shall submit his/her determination and any accompanying analysis of the initial claim to the Complaint Committee with a recommendation for closure except as allowed in Section 7.5(e) of the Act.

 

d)         If, after review the Chief of Medical Investigations, in conjunction with a Medical Coordinator, recommends an initial claim should not be closed it should be referred to the Complaint Committee for consideration.

 

e)         No initial claim or complaint shall be deemed closed except upon recommendation of the Complaint Committee and approval by the Medical Board except as allowed by Section 7.5(e).  An initial claim or complaint considered by the Complaint Committee may be:

 

1)         Closed;

 

2)         Deferred pending further action;

 

3)         Referred to medical investigations for further investigations, thereby becoming a complaint; or

 

4)         Referred to medical prosecutions for further action.

 

f)         At any time during an investigation the Division may enter into negotiations to resolve issues informally by way of a consent order. Factors to be considered in deciding whether to enter into a consent order shall include, but not be limited to sufficient investigation of the case; whether there was physical harm or injury to a patient; relative severity of the respondent's alleged conduct; and past practices of the Division.

 

g)         Recusal of a Medical Board Member

 

1)         A Medical Board member shall recuse themself from consideration of a complaint or formal complaint when the member determines that conflict of interest or prejudice exists that would prevent the member from being fair and impartial.

 

2)         Participation in the initial stages of the handling of a complaint, including participation on the Complaint Committee and in informal conferences, does not bar a Medical Board member from future board participation or decision-making relating to that complaint.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.220  Informal Conferences (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.225  Consent Orders

 

a)         In the event the Chief of Medical Prosecutions or designee recommends that a consent order be entered into, every reasonable effort shall be made to forward the consent order within 15 days to the respondent.  The respondent shall sign and return the consent order to the Division within 30 days.  If the respondent does not return the consent order within 30 days, it shall be presumed that the respondent does not wish to enter into the consent order and the consent order shall be rescinded.

 

b)         The consent order may include, but not be limited to, the following:  

 

1)         Disciplinary Actions

 

A)        Reprimand

 

B)        Suspension

 

C)        Revocation

 

D)        Probation

 

E)        Fines

 

F)         Permanent Inactive Status

 

G)        Voluntary Surrender of License

 

2)         Non-Disciplinary Actions

 

A)        Remedial continuing medical education

 

B)        Referral to treatment

 

C)        Administrative fees

 

D)        Permanent Inactive Status

 

E)        Voluntary Surrender of License

 

c)         Medical Board Action

 

1)         Upon receipt of the properly executed proposed consent order, the Medical Board shall make every reasonable effort to take action on the consent order at the next scheduled Medical Board meeting (but in no event later than 120 days after receipt of the executed consent order) either to:

 

A)        Sign the consent order; or

 

B)        Reject the consent order with or without recommendations.

 

2)         Every effort shall be made to send any consent order signed by the Medical Board to the Director for action within 10 days.

 

d)         Director Action

 

1)         Upon receipt of the properly executed proposed consent order, the Director shall make every reasonable effort to take one of the following actions on the consent order within 15 days:

 

A)        Sign the consent order;

 

B)        Return the consent order to the Medical Board or Chief of Prosecutions with recommended changes or alternative action; or

 

C)        Enter into a consent order different from that recommended by the Medical Board, as deemed proper by the Director.

 

2)         A copy of any consent order executed by the Director pursuant to subsection (d)(1)(A) shall be sent to the respondent within 30 days.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.230  Emergency and/or Temporary Suspension

 

a)         Upon receipt by the Division of a certified copy of any order or judgment that a person licensed under this Act is in need of mental treatment, the Director shall issue an order suspending the license.  The order shall:

 

1)         Set forth the statutory section of the Act upon which it is based;

 

2)         Incorporate a certified copy of the judicial order or judgment that the person is in need of mental treatment;

 

3)         Notify the licensee that the suspension order takes effect on the date signed by the Director; and

 

4)         Notify the licensee that practice may resume only upon the entry of a Departmental order based upon a finding by the Medical Board that the licensee has been determined to be recovered from mental illness by the court and upon the Medical Board's recommendation that the licensee be permitted to resume his or her practice.

 

b)         Emergency or temporary suspension of a license based upon an immediate danger to the public posed by a person's continuation in practice, pursuant to Section 25 or Section 37 of the Act, or upon failure to comply with terms, conditions, or restrictions or to complete a required program of care, counseling, or treatment pursuant to Section 22 of the Act, shall be as follows:

 

1)         A petition for emergency or temporary suspension shall:

 

A)        State the statutory basis for the action petitioned;

 

B)        Allege facts, supported by evidence or affidavit sufficient for emergency or temporary action;

 

C)        State that the Medical Coordinator or the Deputy Medical Coordinator has been consulted;

 

D)        Be signed by the Chief of Medical Prosecutions; and

 

E)        Be presented to the Director either in person, by telephone, or by videoconferencing technology.

 

2)         An order for emergency or temporary suspension shall:

 

A)        Contain findings of fact sufficient to support imposition of an emergency or temporary suspension;

 

B)        Recite the statutory basis for the action;

 

C)        Provide a date for a formal hearing;

 

D)        Notify the respondent their license has been suspended and they are prohibited from further practice; and

 

E)        Be signed by the Director.

 

3)         A notice of emergency or temporary suspension shall accompany the order and shall set a hearing date within 15 days of the date on which the order takes effect.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.235  Mandatory Reporting of Impaired Physicians by Health Care Institutions

 

a)         Section 23 of the Act requires that the chief administrator or executive officer of any health care institution licensed by the Department of Public Health report to the Disciplinary Board concerning impaired persons.  All instances in which a person licensed under the Medical Practice Act of 1987 is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation, must be reported to the Medical Board.  The reports must contain sufficient current information to enable the Medical Board to evaluate the impairment and determine the appropriateness of the supervision of the program of rehabilitation.

 

b)         Contents of Reports.  Reports of impaired persons shall be submitted in writing, on forms provided by the Division, that shall include but not be limited to the following information:

 

1)         The name, address, telephone number and title of the person making the report;

 

2)         The name, address, telephone number and type of health care institution where the maker of the report is employed;

 

3)         The name, address, telephone number, and professional license number of the person who is the subject of the report;

 

4)         The name and date of birth of any patient or patients whose treatment is a subject of the report, if available, or other means of identification if such information is not available; identification of the hospital or other healthcare facility where the care at issue in the report was rendered, provided, however, no medical records may be revealed;

 

5)         The nature of the impairment and brief description of the facts that gave rise to the issuance of the report, including the dates of any occurrences deemed to necessitate the filing of the report;

 

6)         The terms and conditions of the supervision under which the subject of the report is conducting activities or practice, including the date supervision commenced; the term of the supervision; and the name, address, and telephone number of the person in charge of the subject's supervision.  Upon the request of the Medical Board, the Medical Coordinators or other designated representatives of the Disciplinary Board, the person in charge of the subject's supervision shall provide requested information, including written documentation, in order to evaluate the progress of the subject's supervision (pursuant to subsection (g)(2)), in accordance with State and federal law;

 

7)         If the subject of the report is in a program of rehabilitation, the name, address, and telephone number of the program and the name and position of any individual in charge of the program; and

 

8)         Any other information deemed by the reporting person to be of assistance to the Medical Board and the Medical Coordinators in evaluating the report, including but not limited to the following items:  drug screens being used and their status; relapses and actions taken; attendance at work; observations of recovery status and level of cooperation in recovery; other psychopathology, known and related physical and mental illnesses; involvement of the family and others in treatment or supervision; and a copy of the aftercare agreement.

 

c)         Reports of impaired persons shall be submitted to the Disciplinary Board in a timely manner.  The initial report shall be submitted on forms provided by the Division within 60 days after it is determined that a report is necessary under the Act and this Part.  Periodic reports that evidence written documentation of the progress of suspension or rehabilitation shall be submitted to the Medical Board every 6 months, commencing with the time of the filing of the initial report.  A copy of each report shall be sent by the person making the report to the impaired person.

 

d)         The contents of any report shall be strictly confidential, except as otherwise provided in this subsection (d), and exempt from public disclosure, but may be reviewed by:

 

1)         Members of the Medical Board or their designees;

 

2)         The Medical Board's designated attorneys;

 

3)         The Medical Coordinators or their designees;

 

4)         Administrative personnel assigned to open mail containing reports and to process and distribute reports to authorized persons, and to communicate with senders of reports;

 

5)         The person who is the subject of the report or that person's attorney or authorized representative (as evidenced by a written authorization signed by the person who is the subject of the report); or

 

6)         Other persons otherwise permitted by law.

 

e)         Upon a determination by the Medical Board that reports on an impaired person no longer require review and consideration, the Medical Board shall notify the maker of the reports to cease sending the reports and the Medical Board and Division records shall be purged of information contained in the reports. These determinations shall be based on, but not be limited to:  the type of impairment and the type of rehabilitation program, length of supervision, occurrence of any relapses and present status of license.

 

f)         Whenever any chief administrative or chief executive officer of any health care institution makes a report or provides other information to the Disciplinary Board, or assists the Disciplinary Board concerning an impaired person, acts in good faith, and not in a willful and wanton manner, the chief administrative or chief executive officer, and the health care institution employing him, shall not, as a result of such actions, be subject to criminal prosecution or civil damages (Section 23(c) of the Act).

 

g)         The following definitions shall apply to this Section:  

 

1)         "Impaired" means the inability to practice medicine with reasonable skill and safety due to physical and mental disabilities as evidenced by a written evaluation or clinical evidence that reveals a deterioration of the physician's ability to deliver competent care, due to problems related to aging, loss of motor skill, abuse of drugs or alcohol, or mental illness.

 

2)         "Under supervision" means that the performance of the impaired person's clinical privileges and status of the person's impairment is being observed and monitored under the authority of a written directive issued in accordance with a health care institution's or medical staff's bylaws or rules and regulations.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.240  Standards

 

a)         Dishonorable, Unethical or Unprofessional Conduct

 

1)         In determining what constitutes dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public, the Medical Board shall consider whether the questioned activities:

 

A)        Violate the standards as set forth for physicians promulgated by national associations and/or societies regarding the practice of medicine;

 

B)        Cause actual harm to any member of the public; or

 

C)        Are reasonably likely to cause harm to any member of the public in the future.

 

2)         Questionable activities include, but are not limited to:

 

A)        Being convicted of any crime an essential element of which is dishonesty, fraud, misstatement or moral turpitude;

 

B)        Delegating patient care responsibility to any individual when the physician has reason to believe that the person may not be competent;

 

C)        Misrepresenting educational background, training, credentials, competence, or medical staff memberships;

 

D)        Failing to properly supervise subordinate health professional and paraprofessional staff under the licensee's supervision and control in patient care responsibilities;

 

E)        Committing of any other act or omission that breaches the physician's responsibility to a patient according to accepted medical standards of practice;

 

F)         Adverse action taken by an entity listed in this subsection (a)(2)(F) that proper documentation of any adverse action by that entity will be used as prima facie evidence.  Entities that may find adverse actions include any:

 

i)          peer review body;

 

ii)         health care institution;

 

iii)        professional society or association related to practice under the Act;

 

iv)        governmental agency;

 

v)         law enforcement agency; or

 

vi)        court for acts or conduct similar to acts or conduct which would constitute grounds for discipline under the Act;

 

G)        Surrender of a license or authorization to practice as a medical doctor, a doctor of osteopathy, a doctor of osteopathic medicine, or doctor of chiropractic medicine in another state or jurisdiction, or surrender of membership on any medical staff or in any medical or professional association or society, while under disciplinary investigation by any of those authorities or bodies, for acts or conduct similar to acts or conduct which would constitute grounds for discipline under the Act. Proper documentation of the action taken by the respective entity will be used as prima facie evidence;

 

H)        Restriction, suspension, or revocation of, or any other adverse action taken against clinical, hospital or practice privileges relating to patient care. Proper documentation of the action taken by the respective entity will be used as prima facie evidence;

 

I)         Termination, restriction, suspension, exclusion, or revocation of, or any other adverse action taken against, provider status from any health care program, including but not limited to private insurance carriers, Medicare, Medicaid, and Tricare. Proper documentation of the action taken by the respective entity will be used as prima facie evidence;

 

J)         Adverse action taken against Federal Drug Enforcement Administration (DEA) Registration, including but not limited to voluntary surrender, consent decree, and revocation. Proper documentation of the action taken by DEA will be used as prima facie evidence;

 

K)        Making gross or deliberate misrepresentations or misleading claims as to professional qualifications or of the efficacy or value of the licensee's treatments or remedies, or those of another practitioner;

 

L)        Practicing or offering to practice beyond one's competency or qualifications (for example, providing services or using techniques for which one is not qualified by education, training, and experience);

 

M)       Submission of fraudulent claims for services to any health insurance company or health service plan or third-party payor;

 

N)        If practicing at an Ambulatory Surgical Treatment Center, failure to maintain privileges as required by the Ambulatory Surgical Treatment Center Act and its rules;

 

O)        Failing to maintain proper sanitary conditions in any facility or place a physician has direct responsibility for sanitations (e.g., owning a practice); or

 

P)         Failing to generate medical records for any patient encounter and/or care as specified by accepted medical standards, the presumption being that proper documentation should occur with each encounter.

 

3)         The Division hereby incorporates by reference the "Strategies for Prescribing Opioids for the Management of Pain", Federation of State Medical Boards, April 2024, 400 Fuller Wiser Road, Suite 300, Euless TX  76039. No later amendments or editions are included.

 

b)         Immoral Conduct

 

1)         Immoral conduct in the commission of any act related to the licensee's practice means conduct that:

 

A)        Abuses the physician/patient relationship by taking unfair advantage of a patient's vulnerability; and

 

B)        Is committed in the course of the practice of medicine.

 

2)         In determining immoral conduct in the commission of any act related to the licensee's practice, the Medical Board shall consider, but not be limited to, the following standards:

 

A)        Taking advantage of a patient's vulnerability by committing an act that violates established codes of professional behavior expected on the part of a physician;

 

B)        Unethical conduct with a patient that results in the patient engaging in unwanted personal, financial, or sexual relationships with the physician;

 

C)        Conducting human experimentation or utilizing unproven drugs, medicine, surgery, or equipment to treat patients, except as authorized for use in an approved research program pursuant to rules of the Illinois Department of Public Health authorizing research programs (77 Ill. Adm. Code 250.130) or as otherwise expressly authorized by law;

 

D)        Committing an act, in the practice of persons licensed under the Act, of a flagrant, glaringly obvious nature, that constitutes conduct of such a distasteful nature that accepted codes of behavior or codes of ethics are breached;

 

E)        Committing an act in a relationship with a patient so as to violate common standards of decency or propriety; or

 

F)         Any other behavior that violates established codes of physician behavior or that violates established ethical principles commonly associated with the practice of medicine.

 

c)         In determining what constitutes gross negligence, the Medical Board shall consider gross negligence to be an act or omission that is evidence of recklessness or carelessness toward or a disregard for the safety or well-being of the patient, and that results in injury to the patient.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.245  Advertising

 

a)         Advertising shall contain all information necessary to make the communication informative and not misleading.  Advertising shall identify the type of license or academic credential, including, but not limited to, M.D., D.O., or D.C., held by the licensee whose services are being promoted. The form of advertising shall be designed to communicate the information contained in the advertisement to the public in a direct, dignified and readily comprehensible manner.

 

b)         Any advertisement shall be retained for at least 3 years by the physician or licensee.

 

c)         Advertising shall otherwise comply with Section 26 of the Act.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.250  Monitoring of Probation and Other Discipline and Notification

 

a)         The Chief Medical Coordinator, in addition to providing other status reports to the Medical Board, shall be responsible for providing status reports on physicians or physician assistants who have been placed on probation or who are otherwise being monitored by the Division.

 

b)         When disciplinary action is taken by the Division against a physician or physician assistant, the Division shall make reasonable efforts to notify the appropriate professional associations of the disciplinary action as soon as practicable after notification to the physician or physician assistant.  Any professional association or other interested person who wishes to receive such information may request to be placed on the Division's mailing list.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.255  Rehabilitation

 

Upon written application to the Medical Board for restoration of a license or permit from a term of probation, suspension, revocation, other disciplinary action, or for any other relief, the Medical Board shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

 

a)         The seriousness of the offense that resulted in the disciplinary action being considered or being taken;

 

b)         The length of time that elapsed since the disciplinary action was taken;

 

c)         The profession, occupation, and outside activities in which the applicant has been involved;

 

d)         Any counseling, medical treatment, or other rehabilitative treatment received by the applicant;

 

e)         Continuing medical education courses or other types of courses taken to correct the grounds for the disciplinary action being considered or having been taken;

 

f)         The results of a clinical competency examination, designated by the Disciplinary Board, and paid for by the petitioner;

 

g)         Written reports and oral testimony by peer review committees or other persons relating to the skill, knowledge, honesty, integrity, and contriteness of the applicant;

 

h)         Restitution to injured parties;

 

i)          Future plans of the applicant;

 

j)          Involvement of the applicant's family and friends in his or her rehabilitation process;

 

k)         A written report of a physical or mental examination given by a physician selected by the Disciplinary Board and paid for by the person being examined;

 

l)          Any other information evidencing rehabilitation that would bear upon the applicant's request for relief or restoration of a license;

 

m)        Whether the order imposing sanctions was appealed and, if so, whether a reviewing court granted a stay or delay of imposition of the sanction;

 

n)         The date and disposition of any other petition for restoration filed since the last sanction was imposed; and

 

o)         Whether there has been compliance with any probationary terms imposed.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.260  Fines

 

All fines or fees imposed pursuant to Section 22 of the Act shall be paid in full within 60 days of imposition unless otherwise additional time is specified in the applicable Director's order.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.265  Subpoena Process of Medical and Hospital Records

 

a)         Upon a showing by the Division that probable cause exists that a violation of one or more of the grounds for discipline listed in Section 22 of the Act has occurred or is occurring, the Medical Board may subpoena the medical and hospital records of individual patients of any physician licensed under the Act. Probable cause exists upon a showing that there is a reasonable basis for believing that a violation has occurred or is occurring.

 

1)         A request for subpoena of individual medical and hospital records from a Department prosecutor, investigator, or other appropriate staff shall:

 

A)        Be in writing;

 

B)        Be signed by the Medical Coordinator or Deputy Medical Coordinator;

 

C)        Allege one or more grounds for discipline under the Act;

 

D)        Identify with reasonable specificity the records requested; and

 

E)        Include an affidavit of a person having knowledge of facts upon which the request is based.

 

2)         A request for subpoena of individual medical or hospital records received by the Chief Administrative Law Judge, or another Administrative law Judge designated by the Chief, by any Respondent or Petitioner shall:

 

A)        Be in writing;

 

B)        Set forth facts to demonstrate that the documents or testimony sought are relevant to the issues contained in the Complaint, Notice of Intent to Deny, Notice of Intent to Refuse to Renew, or Petition pending before the Division and are not otherwise excludable by law or by rule;

 

C)        Identify with reasonable specificity the records requested; and

 

D)        Include an affidavit of a person having knowledge of facts upon which the request is based.

 

3)         Upon receipt of a request for a subpoena under a subsection (a)(2), the Chief Administrative Law Judge, or another Administrative Law Judge designated by the Chief, shall transfer the request to the Medical Board for the Medical Board's consideration.  The Chief Administrative Law Judge, or another Administrative Law Judge designated by the Chief, shall opine on the relevancy of the requested records in writing to the Medical Board.  The Medical Board shall determine whether to issue the subpoena within 45 days after receipt of the request.

 

4)         A subpoena for individual medical and hospital records shall:

 

A)        Be served during reasonable business hours;

 

B)        Require that, prior to the submission of such records to the Medical Board, adequate steps are taken to safeguard the confidentiality of individual patients by removing any information that would indicate the identity of individual patients and by encoding the records for use only by authorized persons;

 

C)        Direct that an inventory of all records produced, and a copy of encoding information be left with the caretaker of the records; and

 

D)        Provide a compliance date of 30 days to produce the subpoenaed records or another date specified in the subpoena.

 

b)         The Division or Medical Board may, pursuant to Section 23 of the Act, subpoena copies of hospital and medical records in mandatory report cases filed with the Division pursuant to Section 22(A)(34), (35) and (36) and Section 23 of the Act when the patient or legal representative has failed to provide written consent to the Division to obtain copies of the hospital and medical records and the mandatory report alleges death or permanent bodily injury.  Permanent bodily injury is defined as a bodily injury that causes serious disfigurement or protracted loss or impairment of the function of any bodily member or organ that, according to every reasonable probability, will continue throughout the remainder of one's life.

 

1)         The request for subpoena shall:

 

A)        Be in writing;

 

B)        Be signed by the Medical Coordinator or Deputy Medical Coordinator;

 

C)        State that the mandatory report alleges death or permanent bodily injury;

 

D)        Identify with reasonable specificity the records requested; and

 

E)        Include an affidavit that the patient or legal representative would not consent to release records.

 

2)         The subpoena shall:

 

A)        Be served during reasonable business hours;

 

B)        Require that, prior to the submission of such records to the Medical Board, adequate steps are taken to safeguard the confidentiality of individual patients by removing any information that would indicate the identity of individual patients and by encoding the records for use only by authorized persons;

 

C)        Direct that an inventory of all records produced, and a copy of encoding information be left with the caretaker of the records; and

 

D)        Provide a compliance date of 30 days to produce the subpoenaed records or another date specified in the subpoena.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.270  Inspection of Physical Premises

 

a)         Upon a showing by the Division that probable cause exists that a violation of one or more of the grounds for discipline listed in Section 22 of the Act has occurred or is occurring on the business premises of a physician licensed under the Act, the Medical Board may issue an order authorizing the Division to enter upon the business premises of a physician licensed under the Act to inspect the physical premises and equipment and furnishings on the premises.

 

b)         Probable cause exists upon a showing that there is a reasonable basis for believing that a violation has occurred or is occurring.  A request for an order authorizing entry upon a business premises shall:

 

1)         Be in writing;

 

2)         Be signed by the Medical Coordinator or Deputy Medical Coordinator;

 

3)         Allege one or more grounds for discipline under the Act;

 

4)         Identify the premises to be entered; and

 

5)         Include an affidavit of a person having knowledge of facts upon which the request is based.

 

c)         An order to enter business premises shall:

 

1)         Be executed during the normal business hours of the facility or office to be inspected;

 

2)         Identify the specific investigators employed by the Division who are authorized by the order;

 

3)         Be valid only upon the date of issuance and for five business days thereafter;

 

4)         State that the order does not authorize the right of inspection of business, medical, or personnel records located on the premises and identify with specificity the equipment and furnishings to be inspected.

 

5)         State that entry upon the business premises be done with due consideration for patient care of the subject of the investigation.

 

d)         Nothing contained in this Section prohibits entry upon the business premises of any physician for inspection of the premises or seizure of property without an order, so long as the physician who is the subject of the inspection or seizure consents.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.275  Failing to Furnish Information

 

In cases alleging a violation of Section 22(A)(38) of the Act, evidence will be present that:

 

a)         A written request for information was sent to the physician at the physician's address of record as evidenced by a Certificate of Service or other verification of mailing or emailing;

 

b)         The written request was signed by the Chief Medical Coordinator or Deputy Medical Coordinator;

 

c)         The request for information was accompanied by a notice that sanctions are provided by Section 22(A)(38) of the Act for a failure to provide the information;

 

d)         The recipient was allowed at least 10 days to provide the information; and

 

e)         The recipient failed to provide the information that was within the recipient's possession or control.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.280  Mandatory Reporting of Persons Engaged in Post-Graduate Clinical Training Programs

 

a)         Section 23(A)(1.5) of the Act requires the program director of any post-graduate clinical training program to report to the Medical Board if a person engaged in a post-graduate clinical training program at the institution, including, but not limited to, a residency or fellowship, separates from the program for any reason prior to its conclusion.

 

b)         "Separation", as used in this Section, means any absence from a post-graduate clinical training program exceeding 45 days, whether continuous or in the aggregate, in any 365-day period; any suspension from a post-graduate clinical training program, regardless of length or reason; or any termination from a post-graduate clinical training program. Separation includes a program's decision not to renew a person's contract to participate in the program prior to the conclusion of the full term for which the person was originally engaged. Separation does not include approved leaves of absence for training, maternity or paternity leave, or vacation, sick or personal leave.

 

c)         Contents of Reports.  Reports of persons who have separated or will separate from a post-graduate clinical training program shall be submitted in writing, and that shall include, but not be limited to, the following information:

 

1)         The name of the post-graduate clinical training program;

 

2)         The name, address, telephone number, email address and title of the director of the program;

 

3)         The name, address, and telephone number of the institution where the program operates;

 

4)         The name, address, telephone number, email address and license number of the person who is the subject of the report;

 

5)         The nature of, and reasons for, the person's separation from the program; and

 

6)         Any other information deemed by the reporting person to be of assistance to the Medical Board and the Medical Coordinators in evaluating the report.

 

d)         Deadline to Report.  Reports of persons who have separated from a post-graduate clinical training program shall be submitted by the program director to the Disciplinary Board in a timely manner.  The initial report shall be submitted on forms provided by the Division within 60 days after the separation.

 

e)         Additional Documentation. The program director shall provide all documentation relating to the separation if, after review of the report, the Medical Board determines that those documents are necessary to determine whether a violation of the Act occurred. [225 ILCS 60/23(A)(1.5)]

 

f)         Confidentiality.  The contents of any report shall be strictly confidential, except as otherwise provided in this subsection (f) and exempt from public disclosure, but may be reviewed by:

 

1)         Members of the Medical Board or their designees;

 

2)         The Medical Board's designated attorneys;

 

3)         The Medical Coordinators or their designees;

 

4)         Administrative personnel assigned to open mail containing reports and to process and distribute reports to authorized persons, and to communicate with senders of reports; and

 

5)         The person who is the subject of the report or that person's attorney or authorized representative (as evidenced by a written authorization signed by the person who is the subject of the report).

 

g)         Whenever a program director makes a report to the Disciplinary Board concerning a person who has separated from a post-graduate clinical training program, acting in good faith and not in a willful and wanton manner, the program director, and the institution employing him or her, shall not, as a result of making the report, be subject to criminal prosecution or civil damages.  [225 ILCS 60/23(C)]

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.305 Physician Profiles

 

a)         Upon the issuance of a physician license, the Division shall make available to all physicians as defined in Section 5 of the Patients' Right to Know Act [225 ILCS 61/5] a copy of their physician profile.  Notification and instructions concerning their profile shall be sent to the physician's address of record with the Division.  Physicians shall review their profile as it appears on the Division's website, confirm the listed information, and input all additional information required as indicated on the website.  Any questions or corrections regarding information contained in the profile shall be sent to the Division in writing by the physician.

 

b)         It is the responsibility of the physician to assure that the information the physician enters into the profile is accurate.  Delegation of this task to an employee or designee shall not waive this responsibility.

 

c)         All physicians shall verify and complete their profile within 60 days after the notification provided for in subsection (a).  Failure to comply with this Section is a violation of the Act.

 

d)         The Division shall make available to the public all physician profiles regardless of whether the physician has provided verification of the profile content.  The Division shall include the following statement in boldface type on any profiles when a physician has failed to verify his or her profile:  "This physician has not verified the information in this profile."

 

e)         No renewal application shall be processed unless a physician is in compliance with this Section.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.310  Public Access to Records and Meetings (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.320  Response to Hospital Inquiries

 

The Division shall respond to inquiries from hospitals, pursuant to the Hospital's obligation under the Hospital Licensing Act [210 ILCS 85], within 30 days after receipt of correctly submitted information.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.330  Rules of Evidence (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.335  Physician Delegation of Authority

 

Physicians licensed to practice medicine in all its branches may delegate patient care tasks and duties in accordance with Sections 54.2 and 54.5 of the Act.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.336  Use of Lasers and Related Technology

 

a)         Definitions

For the purposes of this Section, the following definitions apply.

 

1)         "An ablative treatment is expected to excise, burn, or vaporize the skin below the dermo-epidermal junction.  Non-ablative treatments are those that are not expected or intended to excise, burn, or vaporize the epidermal surface of the skin."  (The Bulletin of the American College of Surgeons, Vol. 92, No. 4, April 2007)

 

2)         Lasers include, but are not limited to, Class 3b and Class 4 lasers required to be registered with the Illinois Emergency Management Agency, Division of Nuclear Safety, under 32 Ill. Adm. Code 315, intense pulsed-light, radiofrequency, and medical microwave devices used for the treatment of dermatologic conditions or cosmetic procedures that disrupt the epidermal surface of the skin, whether ablative or non-ablative, is considered to be the practice of medicine, which shall only be performed by a physician licensed to practice medicine unless delegated in accordance with this Section.

 

b)         A physician must examine the patient and determine a course of treatment appropriate to the patient prior to any procedure utilizing a laser.  If the established course of treatment requires multiple procedures, a subsequent examination shall not be required prior to the performance of each individual procedure.

 

1)         An ablative or non-ablative procedure that can potentially disrupt the eye (cornea to retina) may only be performed by a physician licensed to practice medicine in all of its branches and may not be delegated pursuant to this Section.

 

2)         A physician licensed to practice medicine in all of its branches may delegate the performance of ablative procedures to a licensed practical nurse, a registered professional nurse, or other persons, with on-site supervision by the physician.

 

3)         A physician licensed to practice medicine in all of its branches may delegate the performance of non-ablative procedures to a licensed practical nurse, a registered professional nurse or other persons, with on-site supervision by the physician or the physician must be available by telephone or other electronic means to respond promptly to any question or complication that may occur.

 

4)         A licensed practical nurse, registered professional nurse or other person delegated the authority to perform any ablative or non-ablative procedures must have received appropriate, documented training and education in the safe and effective use of each system utilized.

 

c)         Nothing in this Section shall be deemed or construed to prevent any person licensed in this State under the Illinois Dental Practice Act [225 ILCS 25] as a dentist, the Podiatric Medical Practice Act of 1987 [225 ILCS 100], the Nurse Practice Act [225 ILCS 65] as an advanced practice nurse as specifically authorized by a written collaborative agreement with a physician licensed to practice medicine in all its branches, or the Physician Assistant Practice Act of 1987 as specifically authorized by written guidelines with a physician licensed to practice medicine in all its branches from engaging in the practice for which the person is licensed.  Nothing in this Section shall be deemed or construed to restrict the use of any device used for therapeutic treatment or procedures that cannot cut, excise, burn or vaporize the skin by a physician licensed to treat human aliments without the use of drugs and without operative surgery.  Nothing in this Section shall be deemed or construed to restrict any person licensed under the Electrologist Licensing Act [225 ILCS 412] from performing electrology, defined as the practice or teaching of services for permanent hair removal utilizing only solid probe electrode type epilation, which may include thermolysis (shortwave, high frequency), electrolysis (galvanic), or a combination of both (superimposed or sequential blend [225 ILCS 412/10].

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)

 

Section 1285.340  Anesthesia Services in an Office Setting

 

a)         In a physician's office, the operating physician shall have training and experience in the delivery of anesthesia services in order to administer anesthesia or to enter into a practice agreement with a certified registered nurse anesthetist (CRNA) to provide anesthesia services in the office pursuant to Section 54.5 of the Medical Practice Act and Section 65-35 of the Nurse Practice Act [225 ILCS 65].  When an anesthesiologist is administering anesthesia in a physician's office, the operating physician is not required to have the training and experience set forth in subsection (b).  A physician's office is any practice location not regulated by Section 10.7 of the Hospital Licensing Act [210 ILCS 85] or Section 6.5 of the Ambulatory Surgical Treatment Center Act [210 ILCS 5].

 

b)         The training and experience requirements may be met in the manner specified in either subsection (b)(1) or (2):

 

1)         The physician maintains clinical privileges to administer anesthesia services in a hospital licensed in accordance with the Hospital Licensing Act or an ambulatory surgical treatment center licensed in accordance with the Ambulatory Surgical Treatment Center Act; or

 

2)         Completion of continuing medical education:

 

A)        For conscious sedation only, the physician shall complete a minimum of 8 hours of continuing medical education (CME) within each 3 year license renewal period in delivery of anesthesia, including the administration of conscious sedation.

 

B)        For deep sedation, regional anesthesia and/or general anesthesia, a physician shall complete a minimum of 34 hours of continuing medical education in the delivery of anesthesia services within each 3 year license renewal period.  Fulfillment of this requirement shall satisfy the requirement of subsection (b)(2)(A) for the administration of conscious sedation.

 

C)        A continuing medical education program shall be conducted by a university, professional association, or hospital as a formal CME program under 68 Ill. Adm. Code 1285.110(b)(2).

 

c)         In a physician's office where anesthesia services are being administered, all operating physicians and anesthesiologists shall obtain Advanced Cardiac Life Support (ACLS) certification prior to administering anesthesia services and shall maintain current ACLS certification.  If the physician enters into a practice agreement with the CRNA, the CRNA shall also have a current ACLS certification pursuant to 68 Ill. Adm. Code 1300.450.

 

d)         The ACLS certification and the physician training and experience required by this Section shall be documented in the written practice agreement between the physician and CRNA.

 

e)         The continuing medical education required in subsection (b) and the ACLS training required in subsection (c) may be applied to fulfillment of the 150 hours continuing medical education required for renewal of a license.

 

f)         Definitions of Anesthesia

 

1)         Moderate Sedation Analgesia (Conscious Sedation) is a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway and spontaneous ventilation is adequate.  Cardiovascular function is usually maintained.

 

2)         Deep Sedation/Analgesia is a drug-induced depression of consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation.  The ability to independently maintain ventilatory function may be impaired.   Patients may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate.  Cardiovascular function is usually maintained.

 

3)         Regional Anesthesia is the administration of local anesthetic agents to a patient to interrupt nerve impulses in a major region of the body without loss of consciousness and include epidural, caudal, spinal and brachial plexus anesthesia.

 

4)         General Anesthesia is a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation.  The ability to independently maintain ventilatory function is often impaired.   Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired.

 

g)         Physicians who perform procedures in an office setting utilizing anesthesia in the following manner are not required to comply with this Section:

 

1)         The use of local anesthesia in which the total dose of local anesthesia does not exceed 50% of the commonly accepted toxic dose on a weight adjusted basis.

 

2)         The use of topical anesthesia in which the total dose of topical anesthesia does not exceed 50% of the commonly accepted toxic dose on a weight adjusted basis.

 

3)         The use of minimal sedation (anxiolysis).  Minimal sedation (anxiolysis) is a drug-induced state during which patients respond normally to verbal commands.  Although cognitive function and coordination may be impaired, respiratory and cardiovascular functions are unaffected.

 

(Source:  Amended at 48 Ill. Reg. 18129, effective December 13, 2024)