98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3661

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 60/9  from Ch. 111, par. 4400-9
225 ILCS 60/21  from Ch. 111, par. 4400-21

    Amends the Medical Practice Act of 1987. Requires that physicians submit documents from the Federation Credentials Verification Service while applying for licensure or renewal of licenses under the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Medical Practice Act of 1987 is amended by
5changing Sections 9 and 21 as follows:
 
6    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
7    (Section scheduled to be repealed on December 31, 2013)
8    Sec. 9. Application for license. Each applicant for a
9license shall:
10        (A) Make application on blank forms prepared and
11    furnished by the Department.
12        (B) Submit evidence satisfactory to the Department
13    that the applicant:
14            (1) is of good moral character. In determining
15        moral character under this Section, the Department may
16        take into consideration whether the applicant has
17        engaged in conduct or activities which would
18        constitute grounds for discipline under this Act. The
19        Department may also request the applicant to submit,
20        and may consider as evidence of moral character,
21        endorsements from 2 or 3 individuals licensed under
22        this Act;
23            (2) has the preliminary and professional education

 

 

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1        required by this Act;
2            (3) (blank); and
3            (4) is physically, mentally, and professionally
4        capable of practicing medicine with reasonable
5        judgment, skill, and safety. In determining physical,
6        mental and professional capacity under this Section,
7        the Licensing Board may, upon a showing of a possible
8        incapacity or conduct or activities that would
9        constitute grounds for discipline under this Act,
10        compel any applicant to submit to a mental or physical
11        examination and evaluation, or both, as provided for in
12        Section 22 of this Act. The Licensing Board may
13        condition or restrict any license, subject to the same
14        terms and conditions as are provided for the
15        Disciplinary Board under Section 22 of this Act. Any
16        such condition of a restricted license shall provide
17        that the Chief Medical Coordinator or Deputy Medical
18        Coordinator shall have the authority to review the
19        subject physician's compliance with such conditions or
20        restrictions, including, where appropriate, the
21        physician's record of treatment and counseling
22        regarding the impairment, to the extent permitted by
23        applicable federal statutes and regulations
24        safeguarding the confidentiality of medical records of
25        patients.
26        In determining professional capacity under this

 

 

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1    Section, an individual may be required to complete such
2    additional testing, training, or remedial education as the
3    Licensing Board may deem necessary in order to establish
4    the applicant's present capacity to practice medicine with
5    reasonable judgment, skill, and safety. The Licensing
6    Board may consider the following criteria, as they relate
7    to an applicant, as part of its determination of
8    professional capacity:
9            (1) Medical research in an established research
10        facility, hospital, college or university, or private
11        corporation.
12            (2) Specialized training or education.
13            (3) Publication of original work in learned,
14        medical, or scientific journals.
15            (4) Participation in federal, State, local, or
16        international public health programs or organizations.
17            (5) Professional service in a federal veterans or
18        military institution.
19            (6) Any other professional activities deemed to
20        maintain and enhance the clinical capabilities of the
21        applicant.
22        Any applicant applying for a license to practice
23    medicine in all of its branches or for a license as a
24    chiropractic physician who has not been engaged in the
25    active practice of medicine or has not been enrolled in a
26    medical program for 2 years prior to application must

 

 

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1    submit proof of professional capacity to the Licensing
2    Board.
3        Any applicant applying for a temporary license that has
4    not been engaged in the active practice of medicine or has
5    not been enrolled in a medical program for longer than 5
6    years prior to application must submit proof of
7    professional capacity to the Licensing Board.
8        (C) Designate specifically the name, location, and
9    kind of professional school, college, or institution of
10    which the applicant is a graduate and the category under
11    which the applicant seeks, and will undertake, to practice.
12        (D) Pay to the Department at the time of application
13    the required fees.
14        (E) Pursuant to Department rules, as required, pass an
15    examination authorized by the Department to determine the
16    applicant's fitness to receive a license.
17        (E-5) Pursuant to Department rules, complete
18    credential verification through the Federation Credentials
19    Verification Service and submit the verification to the
20    Department.
21        (F) Complete the application process within 3 years
22    from the date of application. If the process has not been
23    completed within 3 years, the application shall expire,
24    application fees shall be forfeited, and the applicant must
25    reapply and meet the requirements in effect at the time of
26    reapplication.

 

 

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1(Source: P.A. 97-622, eff. 11-23-11.)
 
2    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
3    (Section scheduled to be repealed on December 31, 2013)
4    Sec. 21. License renewal; restoration; inactive status;
5disposition and collection of fees.
6    (A) Renewal. The expiration date and renewal period for
7each license issued under this Act shall be set by rule. The
8holder of a license may renew the license by paying the
9required fee and providing continued credential verification
10through the Federation Credentials Verification Service, as
11required by Department rule. The holder of a license may also
12renew the license within 90 days after its expiration by
13complying with the requirements for renewal and payment of an
14additional fee. A license renewal within 90 days after
15expiration shall be effective retroactively to the expiration
16date.
17    The Department shall mail to each licensee under this Act,
18at his or her address of record, at least 60 days in advance of
19the expiration date of his or her license, a renewal notice. No
20such license shall be deemed to have lapsed until 90 days after
21the expiration date and after such notice has been mailed by
22the Department as herein provided.
23    (B) Restoration. Any licensee who has permitted his or her
24license to lapse or who has had his or her license on inactive
25status may have his or her license restored by making

 

 

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1application to the Department and filing proof acceptable to
2the Department of his or her fitness to have the license
3restored, including evidence certifying to active practice in
4another jurisdiction satisfactory to the Department, proof of
5meeting the continuing education requirements for one renewal
6period, and by paying the required restoration fee.
7    If the licensee has not maintained an active practice in
8another jurisdiction satisfactory to the Department, the
9Licensing Board shall determine, by an evaluation program
10established by rule, the applicant's fitness to resume active
11status and may require the licensee to complete a period of
12evaluated clinical experience and may require successful
13completion of a practical examination specified by the
14Licensing Board.
15    However, any registrant whose license has expired while he
16or she has been engaged (a) in Federal Service on active duty
17with the Army of the United States, the United States Navy, the
18Marine Corps, the Air Force, the Coast Guard, the Public Health
19Service or the State Militia called into the service or
20training of the United States of America, or (b) in training or
21education under the supervision of the United States
22preliminary to induction into the military service, may have
23his or her license reinstated or restored without paying any
24lapsed renewal fees, if within 2 years after honorable
25termination of such service, training, or education, he or she
26furnishes to the Department with satisfactory evidence to the

 

 

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1effect that he or she has been so engaged and that his or her
2service, training, or education has been so terminated.
3    (C) Inactive licenses. Any licensee who notifies the
4Department, in writing on forms prescribed by the Department,
5may elect to place his or her license on an inactive status and
6shall, subject to rules of the Department, be excused from
7payment of renewal fees until he or she notifies the Department
8in writing of his or her desire to resume active status.
9    Any licensee requesting restoration from inactive status
10shall be required to pay the current renewal fee, provide proof
11of meeting the continuing education requirements for the period
12of time the license is inactive not to exceed one renewal
13period, and shall be required to restore his or her license as
14provided in subsection (B).
15    Any licensee whose license is in an inactive status shall
16not practice in the State of Illinois.
17    (D) Disposition of monies collected. All monies collected
18under this Act by the Department shall be deposited in the
19Illinois State Medical Disciplinary Fund in the State Treasury,
20and used only for the following purposes: (a) by the
21Disciplinary Board and Licensing Board in the exercise of its
22powers and performance of its duties, as such use is made by
23the Department with full consideration of all recommendations
24of the Disciplinary Board and Licensing Board, (b) for costs
25directly related to persons licensed under this Act, and (c)
26for direct and allocable indirect costs related to the public

 

 

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1purposes of the Department.
2    Moneys in the Fund may be transferred to the Professions
3Indirect Cost Fund as authorized under Section 2105-300 of the
4Department of Professional Regulation Law (20 ILCS
52105/2105-300).
6    The State Comptroller shall order and the State Treasurer
7shall transfer an amount equal to $1,100,000 from the Illinois
8State Medical Disciplinary Fund to the Local Government Tax
9Fund on each of the following dates: July 1, 2014, October 1,
102014, January 1, 2015, July 1, 2017, October 1, 2017, and
11January 1, 2018. These transfers shall constitute repayment of
12the $6,600,000 transfer made under Section 6z-18 of the State
13Finance Act.
14    All earnings received from investment of monies in the
15Illinois State Medical Disciplinary Fund shall be deposited in
16the Illinois State Medical Disciplinary Fund and shall be used
17for the same purposes as fees deposited in such Fund.
18    (E) Fees. The following fees are nonrefundable.
19        (1) Applicants for any examination shall be required to
20    pay, either to the Department or to the designated testing
21    service, a fee covering the cost of determining the
22    applicant's eligibility and providing the examination.
23    Failure to appear for the examination on the scheduled
24    date, at the time and place specified, after the
25    applicant's application for examination has been received
26    and acknowledged by the Department or the designated

 

 

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1    testing service, shall result in the forfeiture of the
2    examination fee.
3        (2) Before July 1, 2018, the fee for a license under
4    Section 9 of this Act is $700. Beginning on July 1, 2018,
5    the fee for a license under Section 9 of this Act is $500.
6        (3) Before July 1, 2018, the fee for a license under
7    Section 19 of this Act is $700. Beginning on July 1, 2018,
8    the fee for a license under Section 19 of this Act is $500.
9        (4) Before July 1, 2018, the fee for the renewal of a
10    license for a resident of Illinois shall be calculated at
11    the rate of $230 per year, and beginning on July 1, 2018,
12    the fee for the renewal of a license shall be $167, except
13    for licensees who were issued a license within 12 months of
14    the expiration date of the license, before July 1, 2018,
15    the fee for the renewal shall be $230, and beginning on
16    July 1, 2018 that fee will be $167. Before July 1, 2018,
17    the fee for the renewal of a license for a nonresident
18    shall be calculated at the rate of $460 per year, and
19    beginning on July 1, 2018, the fee for the renewal of a
20    license for a nonresident shall be $250, except for
21    licensees who were issued a license within 12 months of the
22    expiration date of the license, before July 1, 2018, the
23    fee for the renewal shall be $460, and beginning on July 1,
24    2018 that fee will be $250.
25        (5) The fee for the restoration of a license other than
26    from inactive status, is $230. In addition, payment of all

 

 

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1    lapsed renewal fees not to exceed $1,400 is required.
2        (6) The fee for a 3-year temporary license under
3    Section 17 is $230.
4        (7) The fee for the issuance of a duplicate license,
5    for the issuance of a replacement license for a license
6    which has been lost or destroyed, or for the issuance of a
7    license with a change of name or address other than during
8    the renewal period is $20. No fee is required for name and
9    address changes on Department records when no duplicate
10    license is issued.
11        (8) The fee to be paid for a license record for any
12    purpose is $20.
13        (9) The fee to be paid to have the scoring of an
14    examination, administered by the Department, reviewed and
15    verified, is $20 plus any fees charged by the applicable
16    testing service.
17        (10) The fee to be paid by a licensee for a wall
18    certificate showing his or her license shall be the actual
19    cost of producing the certificate as determined by the
20    Department.
21        (11) The fee for a roster of persons licensed as
22    physicians in this State shall be the actual cost of
23    producing such a roster as determined by the Department.
24    (F) Any person who delivers a check or other payment to the
25Department that is returned to the Department unpaid by the
26financial institution upon which it is drawn shall pay to the

 

 

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1Department, in addition to the amount already owed to the
2Department, a fine of $50. The fines imposed by this Section
3are in addition to any other discipline provided under this Act
4for unlicensed practice or practice on a nonrenewed license.
5The Department shall notify the person that payment of fees and
6fines shall be paid to the Department by certified check or
7money order within 30 calendar days of the notification. If,
8after the expiration of 30 days from the date of the
9notification, the person has failed to submit the necessary
10remittance, the Department shall automatically terminate the
11license or certificate or deny the application, without
12hearing. If, after termination or denial, the person seeks a
13license or certificate, he or she shall apply to the Department
14for restoration or issuance of the license or certificate and
15pay all fees and fines due to the Department. The Department
16may establish a fee for the processing of an application for
17restoration of a license or certificate to pay all expenses of
18processing this application. The Secretary may waive the fines
19due under this Section in individual cases where the Secretary
20finds that the fines would be unreasonable or unnecessarily
21burdensome.
22(Source: P.A. 97-622, eff. 11-23-11; 98-3, eff. 3-8-13.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.