99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1601

Introduced 2/20/2015, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

See Index

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

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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,

3 represented in the General Assembly:

4 Section 1. Findings. The General Assembly finds that:

5 (1) naturopathic medicine is not currently regulated

6 in Illinois, and needs to be on the principles of freedom

7 of choice in healthcare and consumer protection;

8 (2) naturopathic physicians are trained alongside and

9 at the same standard as chiropractic physicians in

10 Illinois;

11 (3) naturopathic medicine has a federally recognized

12 accreditation agency, the Council on Naturopathic Medical

13 Education, which makes identification of properly

14 credentialed individuals simple and straightforward;

15 (4) naturopathic medicine has a common licensing

16 examination used across North America, the Naturopathic

17 Physicians Licensing Examinations (NPLEX); and

18 (5) citizens of Illinois are obtaining the credentials

19 for naturopathic physicians but do not currently have a

20 legislative framework that allows them to practice in the

21 State.

22 Section 5. The Geriatric Medicine Assistance Act is amended

23 by changing Section 2 as follows:

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1 (20 ILCS 3945/2) (from Ch. 144, par. 2002)

2 Sec. 2. There is created the Geriatric Medicine Assistance

3 Commission. The Commission shall receive and approve

4 applications for grants from schools, recognized by the

5 Department of Professional Regulation as being authorized to

6 confer doctor of medicine, doctor of osteopathy, doctor of

7 chiropractic, doctor of naturopathic medicine,or registered

8 professional nursing degrees in the State, to help finance the

9 establishment of geriatric medicine programs within such

10 schools. In determining eligibility for grants, the Commission

11 shall give preference to those programs which exhibit the

12 greatest potential for directly benefiting the largest number

13 of elderly citizens in the State. The Commission may not

14 approve the application of any institution which is unable to

15 demonstrate its current financial stability and reasonable

16 prospects for future stability. No institution which fails to

17 possess and maintain an open policy with respect to race,

18 creed, color and sex as to admission of students, appointment

19 of faculty and employment of staff shall be eligible for grants

20 under this Act. The Commission shall establish such rules and

21 standards as it deems necessary for the implementation of this

22 Act.

23 The Commission shall be composed of 8 members selected as

24 follows: 2 physicians licensed to practice under the Medical

25 Practice Act of 1987 and specializing in geriatric medicine; a

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1 registered professional nurse licensed under the Nurse

2 Practice Act and specializing in geriatric health care; 2

3 representatives of organizations interested in geriatric

4 medicine or the care of the elderly; and 3 individuals 60 or

5 older who are interested in geriatric health care or the care

6 of the elderly. The members of the Commission shall be selected

7 by the Governor from a list of recommendations submitted to him

8 by organizations concerned with geriatric medicine or the care

9 of the elderly.

10 The terms of the members of the Commission shall be 4

11 years, except that of the members initially appointed, 2 shall

12 be designated to serve until January 1, 1986, 3 until January

13 1, 1988, and 2 until January 1, 1990. Members of the Commission

14 shall receive no compensation, but shall be reimbursed for

15 actual expenses incurred in carrying out their duties.

16 (Source: P.A. 95-639, eff. 10-5-07.)

17 Section 10. The School Code is amended by changing Sections

18 24-6 and 26-1 as follows:

19 (105 ILCS 5/24-6)

20 Sec. 24-6. Sick leave. The school boards of all school

21 districts, including special charter districts, but not

22 including school districts in municipalities of 500,000 or

23 more, shall grant their full-time teachers, and also shall

24 grant such of their other employees as are eligible to

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1 participate in the Illinois Municipal Retirement Fund under the

2 "600-Hour Standard" established, or under such other

3 eligibility participation standard as may from time to time be

4 established, by rules and regulations now or hereafter

5 promulgated by the Board of that Fund under Section 7-198 of

6 the Illinois Pension Code, as now or hereafter amended, sick

7 leave provisions not less in amount than 10 days at full pay in

8 each school year. If any such teacher or employee does not use

9 the full amount of annual leave thus allowed, the unused amount

10 shall be allowed to accumulate to a minimum available leave of

11 180 days at full pay, including the leave of the current year.

12 Sick leave shall be interpreted to mean personal illness,

13 quarantine at home, serious illness or death in the immediate

14 family or household, or birth, adoption, or placement for

15 adoption. The school board may require a certificate from a

16 physician licensed in Illinois to practice medicine and surgery

17 in all its branches, a chiropractic physician or naturopathic

18 physician licensed under the Medical Practice Act of 1987, an

19 advanced practice nurse who has a written collaborative

20 agreement with a collaborating physician that authorizes the

21 advanced practice nurse to perform health examinations, a

22 physician assistant who has been delegated the authority to

23 perform health examinations by his or her supervising

24 physician, or, if the treatment is by prayer or spiritual

25 means, a spiritual adviser or practitioner of the teacher's or

26 employee's faith as a basis for pay during leave after an

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1 absence of 3 days for personal illness or 30 days for birth or

2 as the school board may deem necessary in other cases. If the

3 school board does require a certificate as a basis for pay

4 during leave of less than 3 days for personal illness, the

5 school board shall pay, from school funds, the expenses

6 incurred by the teachers or other employees in obtaining the

7 certificate. For paid leave for adoption or placement for

8 adoption, the school board may require that the teacher or

9 other employee provide evidence that the formal adoption

10 process is underway, and such leave is limited to 30 days

11 unless a longer leave has been negotiated with the exclusive

12 bargaining representative.

13 If, by reason of any change in the boundaries of school

14 districts, or by reason of the creation of a new school

15 district, the employment of a teacher is transferred to a new

16 or different board, the accumulated sick leave of such teacher

17 is not thereby lost, but is transferred to such new or

18 different district.

19 For purposes of this Section, "immediate family" shall

20 include parents, spouse, brothers, sisters, children,

21 grandparents, grandchildren, parents-in-law, brothers-in-law,

22 sisters-in-law, and legal guardians.

23 (Source: P.A. 95-151, eff. 8-14-07; 96-51, eff. 7-23-09;

24 96-367, eff. 8-13-09; 96-1000, eff. 7-2-10.)

25 (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)

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1 Sec. 26-1. Compulsory school age-Exemptions. Whoever has

2 custody or control of any child (i) between the ages of 7 and

3 17 years (unless the child has already graduated from high

4 school) for school years before the 2014-2015 school year or

5 (ii) between the ages of 6 (on or before September 1) and 17

6 years (unless the child has already graduated from high school)

7 beginning with the 2014-2015 school year shall cause such child

8 to attend some public school in the district wherein the child

9 resides the entire time it is in session during the regular

10 school term, except as provided in Section 10-19.1, and during

11 a required summer school program established under Section

12 10-22.33B; provided, that the following children shall not be

13 required to attend the public schools:

14 1. Any child attending a private or a parochial school

15 where children are taught the branches of education taught

16 to children of corresponding age and grade in the public

17 schools, and where the instruction of the child in the

18 branches of education is in the English language;

19 2. Any child who is physically or mentally unable to

20 attend school, such disability being certified to the

21 county or district truant officer by a competent physician

22 licensed in Illinois to practice medicine and surgery in

23 all its branches, a chiropractic physician or naturopathic

24 physician licensed under the Medical Practice Act of 1987,

25 an advanced practice nurse who has a written collaborative

26 agreement with a collaborating physician that authorizes

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1 the advanced practice nurse to perform health

2 examinations, a physician assistant who has been delegated

3 the authority to perform health examinations by his or her

4 supervising physician, or a Christian Science practitioner

5 residing in this State and listed in the Christian Science

6 Journal; or who is excused for temporary absence for cause

7 by the principal or teacher of the school which the child

8 attends; the exemptions in this paragraph (2) do not apply

9 to any female who is pregnant or the mother of one or more

10 children, except where a female is unable to attend school

11 due to a complication arising from her pregnancy and the

12 existence of such complication is certified to the county

13 or district truant officer by a competent physician;

14 3. Any child necessarily and lawfully employed

15 according to the provisions of the law regulating child

16 labor may be excused from attendance at school by the

17 county superintendent of schools or the superintendent of

18 the public school which the child should be attending, on

19 certification of the facts by and the recommendation of the

20 school board of the public school district in which the

21 child resides. In districts having part time continuation

22 schools, children so excused shall attend such schools at

23 least 8 hours each week;

24 4. Any child over 12 and under 14 years of age while in

25 attendance at confirmation classes;

26 5. Any child absent from a public school on a

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1 particular day or days or at a particular time of day for

2 the reason that he is unable to attend classes or to

3 participate in any examination, study or work requirements

4 on a particular day or days or at a particular time of day,

5 because the tenets of his religion forbid secular activity

6 on a particular day or days or at a particular time of day.

7 Each school board shall prescribe rules and regulations

8 relative to absences for religious holidays including, but

9 not limited to, a list of religious holidays on which it

10 shall be mandatory to excuse a child; but nothing in this

11 paragraph 5 shall be construed to limit the right of any

12 school board, at its discretion, to excuse an absence on

13 any other day by reason of the observance of a religious

14 holiday. A school board may require the parent or guardian

15 of a child who is to be excused from attending school due

16 to the observance of a religious holiday to give notice,

17 not exceeding 5 days, of the child's absence to the school

18 principal or other school personnel. Any child excused from

19 attending school under this paragraph 5 shall not be

20 required to submit a written excuse for such absence after

21 returning to school; and

22 6. Any child 16 years of age or older who (i) submits

23 to a school district evidence of necessary and lawful

24 employment pursuant to paragraph 3 of this Section and (ii)

25 is enrolled in a graduation incentives program pursuant to

26 Section 26-16 of this Code or an alternative learning

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1 opportunities program established pursuant to Article 13B

2 of this Code.

3 (Source: P.A. 98-544, eff. 7-1-14.)

4 Section 15. The Illinois Insurance Code is amended by

5 changing Section 122-1 as follows:

6 (215 ILCS 5/122-1) (from Ch. 73, par. 734-1)

7 Sec. 122-1. The authority and jurisdiction of Insurance

8 Department. Notwithstanding any other provision of law, and

9 except as provided herein, any person or other entity which

10 provides coverage in this State for medical, surgical,

11 chiropractic, naturopathic, naprapathic, physical therapy,

12 speech pathology, audiology, professional mental health,

13 dental, hospital, ophthalmologic, or optometric expenses,

14 whether such coverage is by direct-payment, reimbursement, or

15 otherwise, shall be presumed to be subject to the jurisdiction

16 of the Department unless the person or other entity shows that

17 while providing such coverage it is subject to the jurisdiction

18 of another agency of this State, any subdivision of this State,

19 or the federal government, or is a plan of self-insurance or

20 other employee welfare benefit program of an individual

21 employer or labor union established or maintained under or

22 pursuant to a collective bargaining agreement or other

23 arrangement which provides for health care services solely for

24 its employees or members and their dependents.

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1 (Source: P.A. 90-7, eff. 6-10-97.)

2 Section 20. The Medical Practice Act of 1987 is amended by

3 changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19,

4 22, 24, 33, and 34 as follows:

5 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)

6 (Section scheduled to be repealed on December 31, 2015)

7 Sec. 2. Definitions. For purposes of this Act, the

8 following definitions shall have the following meanings,

9 except where the context requires otherwise:

10 "Act" means the Medical Practice Act of 1987.

11 "Address of record" means the designated address recorded

12 by the Department in the applicant's or licensee's application

13 file or license file as maintained by the Department's

14 licensure maintenance unit. It is the duty of the applicant or

15 licensee to inform the Department of any change of address and

16 those changes must be made either through the Department's

17 website or by contacting the Department.

18 "Approved naturopathic medical program" means a

19 naturopathic medical education program accredited or granted

20 candidacy status by the United States Council on Naturopathic

21 Medical Education, or an equivalent federally recognized

22 accrediting body for the naturopathic medical profession

23 recognized by the Board, that offers graduate-level,

24 full-time, didactic, and supervised clinical training of at

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1 least 4,200 hours in length leading to the degree of Doctor of

2 Naturopathy or Doctor of Naturopathic Medicine and is part of

3 an institution of higher education that is either accredited or

4 is a candidate for accreditation by a regional institutional

5 accrediting agency recognized by the United States Secretary of

6 Education or eligible for student loans in Canada.

7 "Chiropractic physician" means a person licensed to treat

8 human ailments without the use of drugs and without operative

9 surgery. Nothing in this Act shall be construed to prohibit a

10 chiropractic physician from providing advice regarding the use

11 of non-prescription products or from administering atmospheric

12 oxygen. Nothing in this Act shall be construed to authorize a

13 chiropractic physician to prescribe drugs.

14 "Department" means the Department of Financial and

15 Professional Regulation.

16 "Disciplinary Action" means revocation, suspension,

17 probation, supervision, practice modification, reprimand,

18 required education, fines or any other action taken by the

19 Department against a person holding a license.

20 "Disciplinary Board" means the Medical Disciplinary Board.

21 "Final Determination" means the governing body's final

22 action taken under the procedure followed by a health care

23 institution, or professional association or society, against

24 any person licensed under the Act in accordance with the bylaws

25 or rules and regulations of such health care institution, or

26 professional association or society.

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1 "Fund" means the Medical Disciplinary Fund.

2 "Impaired" means the inability to practice medicine with

3 reasonable skill and safety due to physical or mental

4 disabilities as evidenced by a written determination or written

5 consent based on clinical evidence including deterioration

6 through the aging process or loss of motor skill, or abuse of

7 drugs or alcohol, of sufficient degree to diminish a person's

8 ability to deliver competent patient care.

9 "Licensing Board" means the Medical Licensing Board.

10 "Naturopathic physician" means a practitioner of

11 naturopathic medicine who has been properly licensed for that

12 purpose by the Department under this Act. "Naturopathic

13 physician" includes all titles and designations associated

14 with the practice of naturopathic medicine, including, "doctor

15 of naturopathic medicine", "doctor of naturopathy",

16 "naturopathic doctor", "naturopath", "naturopathic medical

17 doctor", "N.D.", "ND", "N.M.D.", and "NMD".

18 "Physician" means a person licensed under the Medical

19 Practice Act to practice medicine in all of its branches, a

20 naturopathic physician, or a chiropractic physician.

21 "Professional Association" means an association or society

22 of persons licensed under this Act, and operating within the

23 State of Illinois, including but not limited to, medical

24 societies, osteopathic organizations, naturopathic

25 organizations,and chiropractic organizations, but this term

26 shall not be deemed to include hospital medical staffs.

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1 "Program of Care, Counseling, or Treatment" means a written

2 schedule of organized treatment, care, counseling, activities,

3 or education, satisfactory to the Disciplinary Board, designed

4 for the purpose of restoring an impaired person to a condition

5 whereby the impaired person can practice medicine with

6 reasonable skill and safety of a sufficient degree to deliver

7 competent patient care.

8 "Reinstate" means to change the status of a license from

9 inactive or nonrenewed status to active status.

10 "Restore" means to remove an encumbrance from a license due

11 to probation, suspension, or revocation.

12 "Secretary" means the Secretary of the Department of

13 Financial and Professional Regulation.

14 (Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;

15 98-1140, eff. 12-30-14.)

16 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)

17 (Section scheduled to be repealed on December 31, 2015)

18 Sec. 7. Medical Disciplinary Board.

19 (A) There is hereby created the Illinois State Medical

20 Disciplinary Board. The Disciplinary Board shall consist of12

21 ~~11~~members, to be appointed by the Governor by and with the

22 advice and consent of the Senate. All members shall be

23 residents of the State, not more than 7 ~~6~~of whom shall be

24 members of the same political party. All members shall be

25 voting members. Five members shall be physicians licensed to

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1 practice medicine in all of its branches in Illinois possessing

2 the degree of doctor of medicine. One member shall be a

3 physician licensed to practice medicine in all its branches in

4 Illinois possessing the degree of doctor of osteopathy or

5 osteopathic medicine. One member shall be a chiropractic

6 physician licensed to practice in Illinois and possessing the

7 degree of doctor of chiropractic. One member shall be a

8 naturopathic physician licensed to practice in Illinois and

9 possessing the degree of naturopathic medicine. Four members

10 shall be members of the public, who shall not be engaged in any

11 way, directly or indirectly, as providers of health care.

12 (B) Members of the Disciplinary Board shall be appointed

13 for terms of 4 years. Upon the expiration of the term of any

14 member, their successor shall be appointed for a term of 4

15 years by the Governor by and with the advice and consent of the

16 Senate. The Governor shall fill any vacancy for the remainder

17 of the unexpired term with the advice and consent of the

18 Senate. Upon recommendation of the Board, any member of the

19 Disciplinary Board may be removed by the Governor for

20 misfeasance, malfeasance, or wilful neglect of duty, after

21 notice, and a public hearing, unless such notice and hearing

22 shall be expressly waived in writing. Each member shall serve

23 on the Disciplinary Board until their successor is appointed

24 and qualified. No member of the Disciplinary Board shall serve

25 more than 2 consecutive 4 year terms.

26 In making appointments the Governor shall attempt to insure

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1 that the various social and geographic regions of the State of

2 Illinois are properly represented.

3 In making the designation of persons to act for the several

4 professions represented on the Disciplinary Board, the

5 Governor shall give due consideration to recommendations by

6 members of the respective professions and by organizations

7 therein.

8 (C) The Disciplinary Board shall annually elect one of its

9 voting members as chairperson and one as vice chairperson. No

10 officer shall be elected more than twice in succession to the

11 same office. Each officer shall serve until their successor has

12 been elected and qualified.

13 (D) (Blank).

14 (E) Six voting members of the Disciplinary Board, at least

15 4 of whom are physicians, shall constitute a quorum. A vacancy

16 in the membership of the Disciplinary Board shall not impair

17 the right of a quorum to exercise all the rights and perform

18 all the duties of the Disciplinary Board. Any action taken by

19 the Disciplinary Board under this Act may be authorized by

20 resolution at any regular or special meeting and each such

21 resolution shall take effect immediately. The Disciplinary

22 Board shall meet at least quarterly.

23 (F) Each member, and member-officer, of the Disciplinary

24 Board shall receive a per diem stipend as the Secretary shall

25 determine. Each member shall be paid their necessary expenses

26 while engaged in the performance of their duties.

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1 (G) The Secretary shall select a Chief Medical Coordinator

2 and not less than 2 Deputy Medical Coordinators who shall not

3 be members of the Disciplinary Board. Each medical coordinator

4 shall be a physician licensed to practice medicine in all of

5 its branches, and the Secretary shall set their rates of

6 compensation. The Secretary shall assign at least one medical

7 coordinator to a region composed of Cook County and such other

8 counties as the Secretary may deem appropriate, and such

9 medical coordinator or coordinators shall locate their office

10 in Chicago. The Secretary shall assign at least one medical

11 coordinator to a region composed of the balance of counties in

12 the State, and such medical coordinator or coordinators shall

13 locate their office in Springfield. The Chief Medical

14 Coordinator shall be the chief enforcement officer of this Act.

15 None of the functions, powers, or duties of the Department with

16 respect to policies regarding enforcement or discipline under

17 this Act, including the adoption of such rules as may be

18 necessary for the administration of this Act, shall be

19 exercised by the Department except upon review of the

20 Disciplinary Board.

21 The Secretary shall employ, in conformity with the

22 Personnel Code, investigators who are college graduates with at

23 least 2 years of investigative experience or one year of

24 advanced medical education. Upon the written request of the

25 Disciplinary Board, the Secretary shall employ, in conformity

26 with the Personnel Code, such other professional, technical,

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1 investigative, and clerical help, either on a full or part-time

2 basis as the Disciplinary Board deems necessary for the proper

3 performance of its duties.

4 (H) Upon the specific request of the Disciplinary Board,

5 signed by either the chairperson, vice chairperson, or a

6 medical coordinator of the Disciplinary Board, the Department

7 of Human Services, the Department of Healthcare and Family

8 Services, the Department of State Police, or any other law

9 enforcement agency located in this State shall make available

10 any and all information that they have in their possession

11 regarding a particular case then under investigation by the

12 Disciplinary Board.

13 (I) Members of the Disciplinary Board shall be immune from

14 suit in any action based upon any disciplinary proceedings or

15 other acts performed in good faith as members of the

16 Disciplinary Board.

17 (J) The Disciplinary Board may compile and establish a

18 statewide roster of physicians and other medical

19 professionals, including the several medical specialties, of

20 such physicians and medical professionals, who have agreed to

21 serve from time to time as advisors to the medical

22 coordinators. Such advisors shall assist the medical

23 coordinators or the Disciplinary Board in their investigations

24 and participation in complaints against physicians. Such

25 advisors shall serve under contract and shall be reimbursed at

26 a reasonable rate for the services provided, plus reasonable

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1 expenses incurred. While serving in this capacity, the advisor,

2 for any act undertaken in good faith and in the conduct of his

3 or her duties under this Section, shall be immune from civil

4 suit.

5 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

6 (225 ILCS 60/8) (from Ch. 111, par. 4400-8)

7 (Section scheduled to be repealed on December 31, 2015)

8 Sec. 8. Medical Licensing Board.

9 (A) There is hereby created a Medical Licensing Board. The

10 Licensing Board shall be composed of 7 members, to be appointed

11 by the Governor by and with the advice and consent of the

12 Senate; 5 of whom shall be reputable physicians licensed to

13 practice medicine in all of its branches in Illinois,

14 possessing the degree of doctor of medicine; one member shall

15 be a reputable physician licensed in Illinois to practice

16 medicine in all of its branches, possessing the degree of

17 doctor of osteopathy or osteopathic medicine; one member shall

18 be a reputable naturopathic physician licensed to practice in

19 Illinois and possessing the degree of doctor of naturopathic

20 medicine;and one member shall be a reputable chiropractic

21 physician licensed to practice in Illinois and possessing the

22 degree of doctor of chiropractic. Of the 5 members holding the

23 degree of doctor of medicine, one shall be a full-time or

24 part-time teacher of professorial rank in the clinical

25 department of an Illinois school of medicine.

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1 (B) Members of the Licensing Board shall be appointed for

2 terms of 4 years, and until their successors are appointed and

3 qualified. Appointments to fill vacancies shall be made in the

4 same manner as original appointments, for the unexpired portion

5 of the vacated term. No more than 4 members of the Licensing

6 Board shall be members of the same political party and all

7 members shall be residents of this State. No member of the

8 Licensing Board may be appointed to more than 2 successive 4

9 year terms.

10 (C) Members of the Licensing Board shall be immune from

11 suit in any action based upon any licensing proceedings or

12 other acts performed in good faith as members of the Licensing

13 Board.

14 (D) (Blank).

15 (E) The Licensing Board shall annually elect one of its

16 members as chairperson and one as vice chairperson. No member

17 shall be elected more than twice in succession to the same

18 office. Each officer shall serve until his or her successor has

19 been elected and qualified.

20 (F) None of the functions, powers or duties of the

21 Department with respect to policies regarding licensure and

22 examination under this Act, including the promulgation of such

23 rules as may be necessary for the administration of this Act,

24 shall be exercised by the Department except upon review of the

25 Licensing Board.

26 (G) The Licensing Board shall receive the same compensation

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1 as the members of the Disciplinary Board, which compensation

2 shall be paid out of the Illinois State Medical Disciplinary

3 Fund.

4 (Source: P.A. 97-622, eff. 11-23-11.)

5 (225 ILCS 60/9) (from Ch. 111, par. 4400-9)

6 (Section scheduled to be repealed on December 31, 2015)

7 Sec. 9. Application for license. Each applicant for a

8 license shall:

9 (A) Make application on blank forms prepared and

10 furnished by the Department.

11 (B) Submit evidence satisfactory to the Department

12 that the applicant:

13 (1) is of good moral character. In determining

14 moral character under this Section, the Department may

15 take into consideration whether the applicant has

16 engaged in conduct or activities which would

17 constitute grounds for discipline under this Act. The

18 Department may also request the applicant to submit,

19 and may consider as evidence of moral character,

20 endorsements from 2 or 3 individuals licensed under

21 this Act;

22 (2) has the preliminary and professional education

23 required by this Act;

24 (3) (blank); and

25 (4) is physically, mentally, and professionally

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1 capable of practicing medicine with reasonable

2 judgment, skill, and safety. In determining physical

3 and mental capacity under this Section, the Licensing

4 Board may, upon a showing of a possible incapacity or

5 conduct or activities that would constitute grounds

6 for discipline under this Act, compel any applicant to

7 submit to a mental or physical examination and

8 evaluation, or both, as provided for in Section 22 of

9 this Act. The Licensing Board may condition or restrict

10 any license, subject to the same terms and conditions

11 as are provided for the Disciplinary Board under

12 Section 22 of this Act. Any such condition of a

13 restricted license shall provide that the Chief

14 Medical Coordinator or Deputy Medical Coordinator

15 shall have the authority to review the subject

16 physician's compliance with such conditions or

17 restrictions, including, where appropriate, the

18 physician's record of treatment and counseling

19 regarding the impairment, to the extent permitted by

20 applicable federal statutes and regulations

21 safeguarding the confidentiality of medical records of

22 patients.

23 In determining professional capacity under this

24 Section, an individual may be required to complete such

25 additional testing, training, or remedial education as the

26 Licensing Board may deem necessary in order to establish

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1 the applicant's present capacity to practice medicine with

2 reasonable judgment, skill, and safety. The Licensing

3 Board may consider the following criteria, as they relate

4 to an applicant, as part of its determination of

5 professional capacity:

6 (1) Medical research in an established research

7 facility, hospital, college or university, or private

8 corporation.

9 (2) Specialized training or education.

10 (3) Publication of original work in learned,

11 medical, or scientific journals.

12 (4) Participation in federal, State, local, or

13 international public health programs or organizations.

14 (5) Professional service in a federal veterans or

15 military institution.

16 (6) Any other professional activities deemed to

17 maintain and enhance the clinical capabilities of the

18 applicant.

19 Any applicant applying for a license to practice

20 medicine in all of its branches, for a license as a

21 naturopathic physician, or for a license as a chiropractic

22 physician who has not been engaged in the active practice

23 of medicine or has not been enrolled in a medical program

24 for 2 years prior to application must submit proof of

25 professional capacity to the Licensing Board.

26 Any applicant applying for a temporary license that has

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1 not been engaged in the active practice of medicine or has

2 not been enrolled in a medical program for longer than 5

3 years prior to application must submit proof of

4 professional capacity to the Licensing Board.

5 (C) Designate specifically the name, location, and

6 kind of professional school, college, or institution of

7 which the applicant is a graduate and the category under

8 which the applicant seeks, and will undertake, to practice.

9 (D) Pay to the Department at the time of application

10 the required fees.

11 (E) Pursuant to Department rules, as required, pass an

12 examination authorized by the Department to determine the

13 applicant's fitness to receive a license.

14 (F) Complete the application process within 3 years

15 from the date of application. If the process has not been

16 completed within 3 years, the application shall expire,

17 application fees shall be forfeited, and the applicant must

18 reapply and meet the requirements in effect at the time of

19 reapplication.

20 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

21 (225 ILCS 60/10) (from Ch. 111, par. 4400-10)

22 (Section scheduled to be repealed on December 31, 2015)

23 Sec. 10. The Department shall:

24 (A) Make rules for establishing reasonable minimum

25 standards of educational requirements to be observed by

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1 medical, osteopathic, naturopathic, and chiropractic colleges;

2 (B) Effectuate the policy of the State of Illinois that the

3 quality of medical training is an appropriate concern in the

4 recruiting, licensing, credentialing and participation in

5 residency programs of physicians. However, it is inappropriate

6 to discriminate against any physician because of national

7 origin or geographic location of medical education;

8 (C) Formulate rules and regulations required for the

9 administration of this Act.

10 (Source: P.A. 86-573.)

11 (225 ILCS 60/11) (from Ch. 111, par. 4400-11)

12 (Section scheduled to be repealed on December 31, 2015)

13 Sec. 11. Minimum education standards. The minimum

14 standards of professional education to be enforced by the

15 Department in conducting examinations and issuing licenses

16 shall be as follows:

17 (A) Practice of medicine. For the practice of medicine

18 in all of its branches:

19 (1) For applications for licensure under

20 subsection (D) of Section 19 of this Act:

21 (a) that the applicant is a graduate of a

22 medical or osteopathic college in the United

23 States, its territories or Canada, that the

24 applicant has completed a 2 year course of

25 instruction in a college of liberal arts, or its

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1 equivalent, and a course of instruction in a

2 medical or osteopathic college approved by the

3 Department or by a private, not for profit

4 accrediting body approved by the Department, and

5 in addition thereto, a course of postgraduate

6 clinical training of not less than 12 months as

7 approved by the Department; or

8 (b) that the applicant is a graduate of a

9 medical or osteopathic college located outside the

10 United States, its territories or Canada, and that

11 the degree conferred is officially recognized by

12 the country for the purposes of licensure, that the

13 applicant has completed a 2 year course of

14 instruction in a college of liberal arts or its

15 equivalent, and a course of instruction in a

16 medical or osteopathic college approved by the

17 Department, which course shall have been not less

18 than 132 weeks in duration and shall have been

19 completed within a period of not less than 35

20 months, and, in addition thereto, has completed a

21 course of postgraduate clinical training of not

22 less than 12 months, as approved by the Department,

23 and has complied with any other standards

24 established by rule.

25 For the purposes of this subparagraph (b) an

26 applicant is considered to be a graduate of a

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1 medical college if the degree which is conferred is

2 officially recognized by that country for the

3 purposes of receiving a license to practice

4 medicine in all of its branches or a document is

5 granted by the medical college which certifies the

6 completion of all formal training requirements

7 including any internship and social service; or

8 (c) that the applicant has studied medicine at

9 a medical or osteopathic college located outside

10 the United States, its territories, or Canada,

11 that the applicant has completed a 2 year course of

12 instruction in a college of liberal arts or its

13 equivalent and all of the formal requirements of a

14 foreign medical school except internship and

15 social service, which course shall have been not

16 less than 132 weeks in duration and shall have been

17 completed within a period of not less than 35

18 months; that the applicant has submitted an

19 application to a medical college accredited by the

20 Liaison Committee on Medical Education and

21 submitted to such evaluation procedures, including

22 use of nationally recognized medical student tests

23 or tests devised by the individual medical

24 college, and that the applicant has satisfactorily

25 completed one academic year of supervised clinical

26 training under the direction of such medical

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1 college; and, in addition thereto has completed a

2 course of postgraduate clinical training of not

3 less than 12 months, as approved by the Department,

4 and has complied with any other standards

5 established by rule.

6 (d) Any clinical clerkships must have been

7 completed in compliance with Section 10.3 of the

8 Hospital Licensing Act, as amended.

9 (2) Effective January 1, 1988, for applications

10 for licensure made subsequent to January 1, 1988, under

11 Sections 9 or 17 of this Act by individuals not

12 described in paragraph (3) of subsection (A) of Section

13 11 who graduated after December 31, 1984:

14 (a) that the applicant: (i) graduated from a

15 medical or osteopathic college officially

16 recognized by the jurisdiction in which it is

17 located for the purpose of receiving a license to

18 practice medicine in all of its branches, and the

19 applicant has completed, as defined by the

20 Department, a 6 year postsecondary course of study

21 comprising at least 2 academic years of study in

22 the basic medical sciences; and 2 academic years of

23 study in the clinical sciences, while enrolled in

24 the medical college which conferred the degree,

25 the core rotations of which must have been

26 completed in clinical teaching facilities owned,

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1 operated or formally affiliated with the medical

2 college which conferred the degree, or under

3 contract in teaching facilities owned, operated or

4 affiliated with another medical college which is

5 officially recognized by the jurisdiction in which

6 the medical school which conferred the degree is

7 located; or (ii) graduated from a medical or

8 osteopathic college accredited by the Liaison

9 Committee on Medical Education, the Committee on

10 Accreditation of Canadian Medical Schools in

11 conjunction with the Liaison Committee on Medical

12 Education, or the Bureau of Professional Education

13 of the American Osteopathic Association; and,

14 (iii) in addition thereto, has completed 24 months

15 of postgraduate clinical training, as approved by

16 the Department; or

17 (b) that the applicant has studied medicine at

18 a medical or osteopathic college located outside

19 the United States, its territories, or Canada,

20 that the applicant, in addition to satisfying the

21 requirements of subparagraph (a), except for the

22 awarding of a degree, has completed all of the

23 formal requirements of a foreign medical school

24 except internship and social service and has

25 submitted an application to a medical college

26 accredited by the Liaison Committee on Medical

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1 Education and submitted to such evaluation

2 procedures, including use of nationally recognized

3 medical student tests or tests devised by the

4 individual medical college, and that the applicant

5 has satisfactorily completed one academic year of

6 supervised clinical training under the direction

7 of such medical college; and, in addition thereto,

8 has completed 24 months of postgraduate clinical

9 training, as approved by the Department, and has

10 complied with any other standards established by

11 rule.

12 (3) (Blank).

13 (4) Any person granted a temporary license

14 pursuant to Section 17 of this Act who shall

15 satisfactorily complete a course of postgraduate

16 clinical training and meet all of the requirements for

17 licensure shall be granted a permanent license

18 pursuant to Section 9.

19 (5) Notwithstanding any other provision of this

20 Section an individual holding a temporary license

21 under Section 17 of this Act shall be required to

22 satisfy the undergraduate medical and post-graduate

23 clinical training educational requirements in effect

24 on the date of their application for a temporary

25 license, provided they apply for a license under

26 Section 9 of this Act and satisfy all other

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1 requirements of this Section while their temporary

2 license is in effect.

3 (B) Treating human ailments without drugs and without

4 operative surgery. For the practice of treating human

5 ailments without the use of drugs and without operative

6 surgery:

7 (1) For an applicant who was a resident student and

8 who is a graduate after July 1, 1926, of a chiropractic

9 college or institution, that such school, college or

10 institution, at the time of the applicant's graduation

11 required as a prerequisite to admission thereto a 4

12 year course of instruction in a high school, and, as a

13 prerequisite to graduation therefrom, a course of

14 instruction in the treatment of human ailments, of not

15 less than 132 weeks in duration and which shall have

16 been completed within a period of not less than 35

17 months except that as to students matriculating or

18 entering upon a course of chiropractic study during the

19 years 1940, 1941, 1942, 1943, 1944, 1945, 1946, and

20 1947, such elapsed time shall be not less than 32

21 months, such high school and such school, college or

22 institution having been reputable and in good standing

23 in the judgment of the Department.

24 (2) For an applicant who is a matriculant in a

25 chiropractic college after September 1, 1969, that

26 such applicant shall be required to complete a 2 year

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1 course of instruction in a liberal arts college or its

2 equivalent and a course of instruction in a

3 chiropractic college in the treatment of human

4 ailments, such course, as a prerequisite to graduation

5 therefrom, having been not less than 132 weeks in

6 duration and shall have been completed within a period

7 of not less than 35 months, such college of liberal

8 arts and chiropractic college having been reputable

9 and in good standing in the judgment of the Department.

10 (3) For an applicant who is a graduate of a United

11 States chiropractic college after August 19, 1981, the

12 college of the applicant must be fully accredited by

13 the Commission on Accreditation of the Council on

14 Chiropractic Education or its successor at the time of

15 graduation. Such graduates shall be considered to have

16 met the minimum requirements which shall be in addition

17 to those requirements set forth in the rules and

18 regulations promulgated by the Department.

19 (4) For an applicant who is a graduate of a

20 chiropractic college in another country; that such

21 chiropractic college be equivalent to the standards of

22 education as set forth for chiropractic colleges

23 located in the United States.

24 (C) Practice of naturopathic medicine. For the

25 practice of naturopathic medicine:

26 (1) For an applicant who is a graduate of an

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1 approved naturopathic medical program, in accordance

2 with this Act, that he or she has successfully

3 completed a competency-based national naturopathic

4 licensing examination administered by the North

5 American Board of Naturopathic Examiners or an

6 equivalent agency, as recognized by the Department.

7 (2) For an applicant who is a graduate of a

8 degree-granting approved naturopathic medical program

9 prior to 1986, evidence of successful passage of a

10 State competency examination in a licensed state or a

11 Canadian provincial examination in a licensed or

12 regulated province approved by the Department in lieu

13 of passage of a national licensing examination.

14 (Source: P.A. 97-622, eff. 11-23-11.)

15 (225 ILCS 60/14) (from Ch. 111, par. 4400-14)

16 (Section scheduled to be repealed on December 31, 2015)

17 Sec. 14. Chiropractic students and naturopathic medicine

18 students.

19 (a)Candidates for the degree of doctor of chiropractic

20 enrolled in a chiropractic college, accredited by the Council

21 on Chiropractic Education, may practice under the direct,

22 on-premises supervision of a chiropractic physician who is a

23 member of the faculty of an accredited chiropractic college.

24 (b) Candidates for the degree of doctor of naturopathic

25 medicine enrolled in a naturopathic college, accredited by the

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1 United States Council on Naturopathic Medical Education, may

2 practice under the direct, on-premises supervision of a

3 naturopathic physician who is a member of the faculty of an

4 accredited naturopathic college.

5 (Source: P.A. 97-622, eff. 11-23-11.)

6 (225 ILCS 60/15) (from Ch. 111, par. 4400-15)

7 (Section scheduled to be repealed on December 31, 2015)

8 Sec. 15. Chiropractic and naturopathic physician; license

9 for general practice. Any chiropractic or naturopathic

10 physician licensed under this Act shall be permitted to take

11 the examination for licensure as a physician to practice

12 medicine in all its branches and shall receive a license to

13 practice medicine in all of its branches if he or she shall

14 successfully pass such examination, upon proof of having

15 successfully completed in a medical college, osteopathic

16 college, naturopathic college,or chiropractic college

17 reputable and in good standing in the judgment of the

18 Department, courses of instruction in materia medica,

19 therapeutics, surgery, obstetrics, and theory and practice

20 deemed by the Department to be equal to the courses of

21 instruction required in those subjects for admission to the

22 examination for a license to practice medicine in all of its

23 branches, together with proof of having completed (a) the 2

24 year course of instruction in a college of liberal arts, or its

25 equivalent, required under this Act, and (b) a course of

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1 postgraduate clinical training of not less than 24 months as

2 approved by the Department.

3 (Source: P.A. 97-622, eff. 11-23-11.)

4 (225 ILCS 60/16) (from Ch. 111, par. 4400-16)

5 (Section scheduled to be repealed on December 31, 2015)

6 Sec. 16. Ineligibility for examination. Any person who

7 shall fail any examination for licensure as a medical doctor,

8 doctor of osteopathy or osteopathic medicine,doctor of

9 naturopathic medicine,or doctor of chiropractic in this or any

10 other jurisdiction a total of 5 times shall thereafter be

11 ineligible for further examinations until such time as such

12 person shall submit to the Department evidence of further

13 formal professional study, as required by rule of the

14 Department, in an accredited institution.

15 (Source: P.A. 89-702, eff. 7-1-97.)

16 (225 ILCS 60/17) (from Ch. 111, par. 4400-17)

17 (Section scheduled to be repealed on December 31, 2015)

18 Sec. 17. Temporary license. Persons holding the degree of

19 Doctor of Medicine, persons holding the degree of Doctor of

20 Osteopathy or Doctor of Osteopathic Medicine, persons holding

21 the degree of Doctor of Naturopathic Medicine, and persons

22 holding the degree of Doctor of Chiropractic or persons who

23 have satisfied the requirements therefor and are eligible to

24 receive such degree from a medical, osteopathic,naturopathic,

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1 or chiropractic school, who wish to pursue programs of graduate

2 or specialty training in this State, may receive without

3 examination, in the discretion of the Department, a 3-year

4 temporary license. In order to receive a 3-year temporary

5 license hereunder, an applicant shall submit evidence

6 satisfactory to the Department that the applicant:

7 (A) Is of good moral character. In determining moral

8 character under this Section, the Department may take into

9 consideration whether the applicant has engaged in conduct

10 or activities which would constitute grounds for

11 discipline under this Act. The Department may also request

12 the applicant to submit, and may consider as evidence of

13 moral character, endorsements from 2 or 3 individuals

14 licensed under this Act;

15 (B) Has been accepted or appointed for specialty or

16 residency training by a hospital situated in this State or

17 a training program in hospitals or facilities maintained by

18 the State of Illinois or affiliated training facilities

19 which is approved by the Department for the purpose of such

20 training under this Act. The applicant shall indicate the

21 beginning and ending dates of the period for which the

22 applicant has been accepted or appointed;

23 (C) Has or will satisfy the professional education

24 requirements of Section 11 of this Act which are effective

25 at the date of application except for postgraduate clinical

26 training;

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1 (D) Is physically, mentally, and professionally

2 capable of practicing medicine or treating human ailments

3 without the use of drugs and without operative surgery with

4 reasonable judgment, skill, and safety. In determining

5 physical, mental and professional capacity under this

6 Section, the Licensing Board may, upon a showing of a

7 possible incapacity, compel an applicant to submit to a

8 mental or physical examination and evaluation, or both, and

9 may condition or restrict any temporary license, subject to

10 the same terms and conditions as are provided for the

11 Disciplinary Board under Section 22 of this Act. Any such

12 condition of restricted temporary license shall provide

13 that the Chief Medical Coordinator or Deputy Medical

14 Coordinator shall have the authority to review the subject

15 physician's compliance with such conditions or

16 restrictions, including, where appropriate, the

17 physician's record of treatment and counseling regarding

18 the impairment, to the extent permitted by applicable

19 federal statutes and regulations safeguarding the

20 confidentiality of medical records of patients.

21 Three-year temporary licenses issued pursuant to this

22 Section shall be valid only for the period of time designated

23 therein, and may be extended or renewed pursuant to the rules

24 of the Department, and if a temporary license is thereafter

25 extended, it shall not extend beyond completion of the

26 residency program. The holder of a valid 3-year temporary

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1 license shall be entitled thereby to perform only such acts as

2 may be prescribed by and incidental to his or her program of

3 residency training; he or she shall not be entitled to

4 otherwise engage in the practice of medicine in this State

5 unless fully licensed in this State.

6 A 3-year temporary license may be revoked or suspended by

7 the Department upon proof that the holder thereof has engaged

8 in the practice of medicine in this State outside of the

9 program of his or her residency or specialty training, or if

10 the holder shall fail to supply the Department, within 10 days

11 of its request, with information as to his or her current

12 status and activities in his or her specialty training program.

13 Such a revocation or suspension shall comply with the

14 procedures set forth in subsection (d) of Section 37 of this

15 Act.

16 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

17 (225 ILCS 60/18) (from Ch. 111, par. 4400-18)

18 (Section scheduled to be repealed on December 31, 2015)

19 Sec. 18. Visiting professor, physician, or resident

20 permits.

21 (A) Visiting professor permit.

22 (1) A visiting professor permit shall entitle a person

23 to practice medicine in all of its branches or to practice

24 the treatment of human ailments without the use of drugs

25 and without operative surgery provided:

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1 (a) the person maintains an equivalent

2 authorization to practice medicine in all of its

3 branches or to practice the treatment of human ailments

4 without the use of drugs and without operative surgery

5 in good standing in his or her native licensing

6 jurisdiction during the period of the visiting

7 professor permit;

8 (b) the person has received a faculty appointment

9 to teach in a medical, osteopathic, naturopathic, or

10 chiropractic school in Illinois; and

11 (c) the Department may prescribe the information

12 necessary to establish an applicant's eligibility for

13 a permit. This information shall include without

14 limitation (i) a statement from the dean of the medical

15 school at which the applicant will be employed

16 describing the applicant's qualifications and (ii) a

17 statement from the dean of the medical school listing

18 every affiliated institution in which the applicant

19 will be providing instruction as part of the medical

20 school's education program and justifying any clinical

21 activities at each of the institutions listed by the

22 dean.

23 (2) Application for visiting professor permits shall

24 be made to the Department, in writing, on forms prescribed

25 by the Department and shall be accompanied by the required

26 fee established by rule, which shall not be refundable. Any

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1 application shall require the information as, in the

2 judgment of the Department, will enable the Department to

3 pass on the qualifications of the applicant.

4 (3) A visiting professor permit shall be valid for no

5 longer than 2 years from the date of issuance or until the

6 time the faculty appointment is terminated, whichever

7 occurs first, and may be renewed only in accordance with

8 subdivision (A)(6) of this Section.

9 (4) The applicant may be required to appear before the

10 Licensing Board for an interview prior to, and as a

11 requirement for, the issuance of the original permit and

12 the renewal.

13 (5) Persons holding a permit under this Section shall

14 only practice medicine in all of its branches or practice

15 the treatment of human ailments without the use of drugs

16 and without operative surgery in the State of Illinois in

17 their official capacity under their contract within the

18 medical school itself and any affiliated institution in

19 which the permit holder is providing instruction as part of

20 the medical school's educational program and for which the

21 medical school has assumed direct responsibility.

22 (6) After the initial renewal of a visiting professor

23 permit, a visiting professor permit shall be valid until

24 the last day of the next physician license renewal period,

25 as set by rule, and may only be renewed for applicants who

26 meet the following requirements:

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1 (i) have obtained the required continuing

2 education hours as set by rule; and

3 (ii) have paid the fee prescribed for a license

4 under Section 21 of this Act.

5 For initial renewal, the visiting professor must

6 successfully pass a general competency examination authorized

7 by the Department by rule, unless he or she was issued an

8 initial visiting professor permit on or after January 1, 2007,

9 but prior to July 1, 2007.

10 (B) Visiting physician permit.

11 (1) The Department may, in its discretion, issue a

12 temporary visiting physician permit, without examination,

13 provided:

14 (a) (blank);

15 (b) that the person maintains an equivalent

16 authorization to practice medicine in all of its

17 branches or to practice the treatment of human ailments

18 without the use of drugs and without operative surgery

19 in good standing in his or her native licensing

20 jurisdiction during the period of the temporary

21 visiting physician permit;

22 (c) that the person has received an invitation or

23 appointment to study, demonstrate, or perform a

24 specific medical, osteopathic, naturopathic,

25 chiropractic or clinical subject or technique in a

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1 medical, osteopathic, naturopathic, or chiropractic

2 school, a state or national medical, osteopathic,

3 naturopathic, or chiropractic professional association

4 or society conference or meeting, a hospital licensed

5 under the Hospital Licensing Act, a hospital organized

6 under the University of Illinois Hospital Act, or a

7 facility operated pursuant to the Ambulatory Surgical

8 Treatment Center Act; and

9 (d) that the temporary visiting physician permit

10 shall only permit the holder to practice medicine in

11 all of its branches or practice the treatment of human

12 ailments without the use of drugs and without operative

13 surgery within the scope of the medical, osteopathic,

14 naturopathic,chiropractic, or clinical studies, or in

15 conjunction with the state or national medical,

16 osteopathic, naturopathic, or chiropractic

17 professional association or society conference or

18 meeting, for which the holder was invited or appointed.

19 (2) The application for the temporary visiting

20 physician permit shall be made to the Department, in

21 writing, on forms prescribed by the Department, and shall

22 be accompanied by the required fee established by rule,

23 which shall not be refundable. The application shall

24 require information that, in the judgment of the

25 Department, will enable the Department to pass on the

26 qualification of the applicant, and the necessity for the

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1 granting of a temporary visiting physician permit.

2 (3) A temporary visiting physician permit shall be

3 valid for no longer than (i) 180 days from the date of

4 issuance or (ii) until the time the medical, osteopathic,

5 naturopathic,chiropractic, or clinical studies are

6 completed, or the state or national medical, osteopathic,

7 naturopathic, or chiropractic professional association or

8 society conference or meeting has concluded, whichever

9 occurs first. The temporary visiting physician permit may

10 be issued multiple times to a visiting physician under this

11 paragraph (3) as long as the total number of days it is

12 active do not exceed 180 days within a 365-day period.

13 (4) The applicant for a temporary visiting physician

14 permit may be required to appear before the Licensing Board

15 for an interview prior to, and as a requirement for, the

16 issuance of a temporary visiting physician permit.

17 (5) A limited temporary visiting physician permit

18 shall be issued to a physician licensed in another state

19 who has been requested to perform emergency procedures in

20 Illinois if he or she meets the requirements as established

21 by rule.

22 (C) Visiting resident permit.

23 (1) The Department may, in its discretion, issue a

24 temporary visiting resident permit, without examination,

25 provided:

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1 (a) (blank);

2 (b) that the person maintains an equivalent

3 authorization to practice medicine in all of its

4 branches or to practice the treatment of human ailments

5 without the use of drugs and without operative surgery

6 in good standing in his or her native licensing

7 jurisdiction during the period of the temporary

8 visiting resident permit;

9 (c) that the applicant is enrolled in a

10 postgraduate clinical training program outside the

11 State of Illinois that is approved by the Department;

12 (d) that the individual has been invited or

13 appointed for a specific period of time to perform a

14 portion of that post graduate clinical training

15 program under the supervision of an Illinois licensed

16 physician in an Illinois patient care clinic or

17 facility that is affiliated with the out-of-State post

18 graduate training program; and

19 (e) that the temporary visiting resident permit

20 shall only permit the holder to practice medicine in

21 all of its branches or practice the treatment of human

22 ailments without the use of drugs and without operative

23 surgery within the scope of the medical, osteopathic,

24 naturopathic,chiropractic or clinical studies for

25 which the holder was invited or appointed.

26 (2) The application for the temporary visiting

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1 resident permit shall be made to the Department, in

2 writing, on forms prescribed by the Department, and shall

3 be accompanied by the required fee established by rule. The

4 application shall require information that, in the

5 judgment of the Department, will enable the Department to

6 pass on the qualifications of the applicant.

7 (3) A temporary visiting resident permit shall be valid

8 for 180 days from the date of issuance or until the time

9 the medical, osteopathic, naturopathic,chiropractic, or

10 clinical studies are completed, whichever occurs first.

11 (4) The applicant for a temporary visiting resident

12 permit may be required to appear before the Licensing Board

13 for an interview prior to, and as a requirement for, the

14 issuance of a temporary visiting resident permit.

15 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

16 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)

17 (Section scheduled to be repealed on December 31, 2015)

18 Sec. 19. Licensure by endorsement. The Department may, in

19 its discretion, issue a license by endorsement to any person

20 who is currently licensed to practice medicine in all of its

21 branches, a naturopathic physician,or a chiropractic

22 physician, in any other state, territory, country or province,

23 upon the following conditions and submitting evidence

24 satisfactory to the Department of the following:

25 (A) (Blank);

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1 (B) That the applicant is of good moral character. In

2 determining moral character under this Section, the

3 Department may take into consideration whether the

4 applicant has engaged in conduct or activities which would

5 constitute grounds for discipline under this Act. The

6 Department may also request the applicant to submit, and

7 may consider as evidence of moral character, endorsements

8 from 2 or 3 individuals licensed under this Act;

9 (C) That the applicant is physically, mentally and

10 professionally capable of practicing medicine with

11 reasonable judgment, skill and safety. In determining

12 physical, mental and professional capacity under this

13 Section the Licensing Board may, upon a showing of a

14 possible incapacity, compel an applicant to submit to a

15 mental or physical examination and evaluation, or both, in

16 the same manner as provided in Section 22 and may condition

17 or restrict any license, subject to the same terms and

18 conditions as are provided for the Disciplinary Board under

19 Section 22 of this Act.

20 (D) That if the applicant seeks to practice medicine in

21 all of its branches:

22 (1) if the applicant was licensed in another

23 jurisdiction prior to January 1, 1988, that the

24 applicant has satisfied the educational requirements

25 of paragraph (1) of subsection (A) or paragraph (2) of

26 subsection (A) of Section 11 of this Act; or

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1 (2) if the applicant was licensed in another

2 jurisdiction after December 31, 1987, that the

3 applicant has satisfied the educational requirements

4 of paragraph (A)(2) of Section 11 of this Act; and

5 (3) the requirements for a license to practice

6 medicine in all of its branches in the particular

7 state, territory, country or province in which the

8 applicant is licensed are deemed by the Department to

9 have been substantially equivalent to the requirements

10 for a license to practice medicine in all of its

11 branches in force in this State at the date of the

12 applicant's license;

13 (E) That if the applicant seeks to treat human ailments

14 without the use of drugs and without operative surgery:

15 (1) the applicant is a graduate of a chiropractic

16 or naturopathicschool or college approved by the

17 Department at the time of their graduation;

18 (2) the requirements for the applicant's license

19 to practice the treatment of human ailments without the

20 use of drugs are deemed by the Department to have been

21 substantially equivalent to the requirements for a

22 license to practice in this State at the date of the

23 applicant's license;

24 (E-5) That if the applicant seeks to practice

25 naturopathic medicine:

26 (1) the applicant is a graduate of a naturopathic

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1 school or college approved by the Department at the

2 time of their graduation; and

3 (2) the requirements for the applicant's license

4 to practice naturopathic medicine are deemed by the

5 Department to have been substantially equivalent to

6 the requirements for a license to practice in this

7 State at the date of the applicant's license;

8 (F) That the Department may, in its discretion, issue a

9 license by endorsement to any graduate of a medical or

10 osteopathic college, reputable and in good standing in the

11 judgment of the Department, who has passed an examination

12 for admission to the United States Public Health Service,

13 or who has passed any other examination deemed by the

14 Department to have been at least equal in all substantial

15 respects to the examination required for admission to any

16 such medical corps;

17 (G) That applications for licenses by endorsement

18 shall be filed with the Department, under oath, on forms

19 prepared and furnished by the Department, and shall set

20 forth, and applicants therefor shall supply such

21 information respecting the life, education, professional

22 practice, and moral character of applicants as the

23 Department may require to be filed for its use;

24 (H) That the applicant undergo the criminal background

25 check established under Section 9.7 of this Act.

26 In the exercise of its discretion under this Section, the

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1 Department is empowered to consider and evaluate each applicant

2 on an individual basis. It may take into account, among other

3 things: the extent to which the applicant will bring unique

4 experience and skills to the State of Illinois or the extent to

5 which there is or is not available to the Department authentic

6 and definitive information concerning the quality of medical

7 education and clinical training which the applicant has had.

8 Under no circumstances shall a license be issued under the

9 provisions of this Section to any person who has previously

10 taken and failed the written examination conducted by the

11 Department for such license. In the exercise of its discretion

12 under this Section, the Department may require an applicant to

13 successfully complete an examination as recommended by the

14 Licensing Board. The Department may also request the applicant

15 to submit, and may consider as evidence of moral character,

16 evidence from 2 or 3 individuals licensed under this Act.

17 Applicants have 3 years from the date of application to

18 complete the application process. If the process has not been

19 completed within 3 years, the application shall be denied, the

20 fees shall be forfeited, and the applicant must reapply and

21 meet the requirements in effect at the time of reapplication.

22 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

23 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)

24 (Section scheduled to be repealed on December 31, 2015)

25 Sec. 22. Disciplinary action.

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1 (A) The Department may revoke, suspend, place on probation,

2 reprimand, refuse to issue or renew, or take any other

3 disciplinary or non-disciplinary action as the Department may

4 deem proper with regard to the license or permit of any person

5 issued under this Act, including imposing fines not to exceed

6 $10,000 for each violation, upon any of the following grounds:

7 (1) Performance of an elective abortion in any place,

8 locale, facility, or institution other than:

9 (a) a facility licensed pursuant to the Ambulatory

10 Surgical Treatment Center Act;

11 (b) an institution licensed under the Hospital

12 Licensing Act;

13 (c) an ambulatory surgical treatment center or

14 hospitalization or care facility maintained by the

15 State or any agency thereof, where such department or

16 agency has authority under law to establish and enforce

17 standards for the ambulatory surgical treatment

18 centers, hospitalization, or care facilities under its

19 management and control;

20 (d) ambulatory surgical treatment centers,

21 hospitalization or care facilities maintained by the

22 Federal Government; or

23 (e) ambulatory surgical treatment centers,

24 hospitalization or care facilities maintained by any

25 university or college established under the laws of

26 this State and supported principally by public funds

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1 raised by taxation.

2 (2) Performance of an abortion procedure in a wilful

3 and wanton manner on a woman who was not pregnant at the

4 time the abortion procedure was performed.

5 (3) A plea of guilty or nolo contendere, finding of

6 guilt, jury verdict, or entry of judgment or sentencing,

7 including, but not limited to, convictions, preceding

8 sentences of supervision, conditional discharge, or first

9 offender probation, under the laws of any jurisdiction of

10 the United States of any crime that is a felony.

11 (4) Gross negligence in practice under this Act.

12 (5) Engaging in dishonorable, unethical or

13 unprofessional conduct of a character likely to deceive,

14 defraud or harm the public.

15 (6) Obtaining any fee by fraud, deceit, or

16 misrepresentation.

17 (7) Habitual or excessive use or abuse of drugs defined

18 in law as controlled substances, of alcohol, or of any

19 other substances which results in the inability to practice

20 with reasonable judgment, skill or safety.

21 (8) Practicing under a false or, except as provided by

22 law, an assumed name.

23 (9) Fraud or misrepresentation in applying for, or

24 procuring, a license under this Act or in connection with

25 applying for renewal of a license under this Act.

26 (10) Making a false or misleading statement regarding

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1 their skill or the efficacy or value of the medicine,

2 treatment, or remedy prescribed by them at their direction

3 in the treatment of any disease or other condition of the

4 body or mind.

5 (11) Allowing another person or organization to use

6 their license, procured under this Act, to practice.

7 (12) Adverse action taken by another state or

8 jurisdiction against a license or other authorization to

9 practice as a medical doctor, doctor of osteopathy, doctor

10 of osteopathic medicine, doctor of naturopathic medicine,

11 or doctor of chiropractic, a certified copy of the record

12 of the action taken by the other state or jurisdiction

13 being prima facie evidence thereof. This includes any

14 adverse action taken by a State or federal agency that

15 prohibits a medical doctor, doctor of osteopathy, doctor of

16 osteopathic medicine, or doctor of chiropractic from

17 providing services to the agency's participants.

18 (13) Violation of any provision of this Act or of the

19 Medical Practice Act prior to the repeal of that Act, or

20 violation of the rules, or a final administrative action of

21 the Secretary, after consideration of the recommendation

22 of the Disciplinary Board.

23 (14) Violation of the prohibition against fee

24 splitting in Section 22.2 of this Act.

25 (15) A finding by the Disciplinary Board that the

26 registrant after having his or her license placed on

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1 probationary status or subjected to conditions or

2 restrictions violated the terms of the probation or failed

3 to comply with such terms or conditions.

4 (16) Abandonment of a patient.

5 (17) Prescribing, selling, administering,

6 distributing, giving or self-administering any drug

7 classified as a controlled substance (designated product)

8 or narcotic for other than medically accepted therapeutic

9 purposes.

10 (18) Promotion of the sale of drugs, devices,

11 appliances or goods provided for a patient in such manner

12 as to exploit the patient for financial gain of the

13 physician.

14 (19) Offering, undertaking or agreeing to cure or treat

15 disease by a secret method, procedure, treatment or

16 medicine, or the treating, operating or prescribing for any

17 human condition by a method, means or procedure which the

18 licensee refuses to divulge upon demand of the Department.

19 (20) Immoral conduct in the commission of any act

20 including, but not limited to, commission of an act of

21 sexual misconduct related to the licensee's practice.

22 (21) Wilfully making or filing false records or reports

23 in his or her practice as a physician, including, but not

24 limited to, false records to support claims against the

25 medical assistance program of the Department of Healthcare

26 and Family Services (formerly Department of Public Aid)

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1 under the Illinois Public Aid Code.

2 (22) Wilful omission to file or record, or wilfully

3 impeding the filing or recording, or inducing another

4 person to omit to file or record, medical reports as

5 required by law, or wilfully failing to report an instance

6 of suspected abuse or neglect as required by law.

7 (23) Being named as a perpetrator in an indicated

8 report by the Department of Children and Family Services

9 under the Abused and Neglected Child Reporting Act, and

10 upon proof by clear and convincing evidence that the

11 licensee has caused a child to be an abused child or

12 neglected child as defined in the Abused and Neglected

13 Child Reporting Act.

14 (24) Solicitation of professional patronage by any

15 corporation, agents or persons, or profiting from those

16 representing themselves to be agents of the licensee.

17 (25) Gross and wilful and continued overcharging for

18 professional services, including filing false statements

19 for collection of fees for which services are not rendered,

20 including, but not limited to, filing such false statements

21 for collection of monies for services not rendered from the

22 medical assistance program of the Department of Healthcare

23 and Family Services (formerly Department of Public Aid)

24 under the Illinois Public Aid Code.

25 (26) A pattern of practice or other behavior which

26 demonstrates incapacity or incompetence to practice under

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1 this Act.

2 (27) Mental illness or disability which results in the

3 inability to practice under this Act with reasonable

4 judgment, skill or safety.

5 (28) Physical illness, including, but not limited to,

6 deterioration through the aging process, or loss of motor

7 skill which results in a physician's inability to practice

8 under this Act with reasonable judgment, skill or safety.

9 (29) Cheating on or attempt to subvert the licensing

10 examinations administered under this Act.

11 (30) Wilfully or negligently violating the

12 confidentiality between physician and patient except as

13 required by law.

14 (31) The use of any false, fraudulent, or deceptive

15 statement in any document connected with practice under

16 this Act.

17 (32) Aiding and abetting an individual not licensed

18 under this Act in the practice of a profession licensed

19 under this Act.

20 (33) Violating state or federal laws or regulations

21 relating to controlled substances, legend drugs, or

22 ephedra as defined in the Ephedra Prohibition Act.

23 (34) Failure to report to the Department any adverse

24 final action taken against them by another licensing

25 jurisdiction (any other state or any territory of the

26 United States or any foreign state or country), by any peer

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1 review body, by any health care institution, by any

2 professional society or association related to practice

3 under this Act, by any governmental agency, by any law

4 enforcement agency, or by any court for acts or conduct

5 similar to acts or conduct which would constitute grounds

6 for action as defined in this Section.

7 (35) Failure to report to the Department surrender of a

8 license or authorization to practice as a medical doctor, a

9 doctor of osteopathy, a doctor of osteopathic medicine,a

10 doctor of naturopathic medicine,or doctor of chiropractic

11 in another state or jurisdiction, or surrender of

12 membership on any medical staff or in any medical or

13 professional association or society, while under

14 disciplinary investigation by any of those authorities or

15 bodies, for acts or conduct similar to acts or conduct

16 which would constitute grounds for action as defined in

17 this Section.

18 (36) Failure to report to the Department any adverse

19 judgment, settlement, or award arising from a liability

20 claim related to acts or conduct similar to acts or conduct

21 which would constitute grounds for action as defined in

22 this Section.

23 (37) Failure to provide copies of medical records as

24 required by law.

25 (38) Failure to furnish the Department, its

26 investigators or representatives, relevant information,

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1 legally requested by the Department after consultation

2 with the Chief Medical Coordinator or the Deputy Medical

3 Coordinator.

4 (39) Violating the Health Care Worker Self-Referral

5 Act.

6 (40) Willful failure to provide notice when notice is

7 required under the Parental Notice of Abortion Act of 1995.

8 (41) Failure to establish and maintain records of

9 patient care and treatment as required by this law.

10 (42) Entering into an excessive number of written

11 collaborative agreements with licensed advanced practice

12 nurses resulting in an inability to adequately

13 collaborate.

14 (43) Repeated failure to adequately collaborate with a

15 licensed advanced practice nurse.

16 (44) Violating the Compassionate Use of Medical

17 Cannabis Pilot Program Act.

18 (45) Entering into an excessive number of written

19 collaborative agreements with licensed prescribing

20 psychologists resulting in an inability to adequately

21 collaborate.

22 (46) Repeated failure to adequately collaborate with a

23 licensed prescribing psychologist.

24 Except for actions involving the ground numbered (26), all

25 proceedings to suspend, revoke, place on probationary status,

26 or take any other disciplinary action as the Department may

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1 deem proper, with regard to a license on any of the foregoing

2 grounds, must be commenced within 5 years next after receipt by

3 the Department of a complaint alleging the commission of or

4 notice of the conviction order for any of the acts described

5 herein. Except for the grounds numbered (8), (9), (26), and

6 (29), no action shall be commenced more than 10 years after the

7 date of the incident or act alleged to have violated this

8 Section. For actions involving the ground numbered (26), a

9 pattern of practice or other behavior includes all incidents

10 alleged to be part of the pattern of practice or other behavior

11 that occurred, or a report pursuant to Section 23 of this Act

12 received, within the 10-year period preceding the filing of the

13 complaint. In the event of the settlement of any claim or cause

14 of action in favor of the claimant or the reduction to final

15 judgment of any civil action in favor of the plaintiff, such

16 claim, cause of action or civil action being grounded on the

17 allegation that a person licensed under this Act was negligent

18 in providing care, the Department shall have an additional

19 period of 2 years from the date of notification to the

20 Department under Section 23 of this Act of such settlement or

21 final judgment in which to investigate and commence formal

22 disciplinary proceedings under Section 36 of this Act, except

23 as otherwise provided by law. The time during which the holder

24 of the license was outside the State of Illinois shall not be

25 included within any period of time limiting the commencement of

26 disciplinary action by the Department.

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1 The entry of an order or judgment by any circuit court

2 establishing that any person holding a license under this Act

3 is a person in need of mental treatment operates as a

4 suspension of that license. That person may resume their

5 practice only upon the entry of a Departmental order based upon

6 a finding by the Disciplinary Board that they have been

7 determined to be recovered from mental illness by the court and

8 upon the Disciplinary Board's recommendation that they be

9 permitted to resume their practice.

10 The Department may refuse to issue or take disciplinary

11 action concerning the license of any person who fails to file a

12 return, or to pay the tax, penalty or interest shown in a filed

13 return, or to pay any final assessment of tax, penalty or

14 interest, as required by any tax Act administered by the

15 Illinois Department of Revenue, until such time as the

16 requirements of any such tax Act are satisfied as determined by

17 the Illinois Department of Revenue.

18 The Department, upon the recommendation of the

19 Disciplinary Board, shall adopt rules which set forth standards

20 to be used in determining:

21 (a) when a person will be deemed sufficiently

22 rehabilitated to warrant the public trust;

23 (b) what constitutes dishonorable, unethical or

24 unprofessional conduct of a character likely to deceive,

25 defraud, or harm the public;

26 (c) what constitutes immoral conduct in the commission

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1 of any act, including, but not limited to, commission of an

2 act of sexual misconduct related to the licensee's

3 practice; and

4 (d) what constitutes gross negligence in the practice

5 of medicine.

6 However, no such rule shall be admissible into evidence in

7 any civil action except for review of a licensing or other

8 disciplinary action under this Act.

9 In enforcing this Section, the Disciplinary Board or the

10 Licensing Board, upon a showing of a possible violation, may

11 compel, in the case of the Disciplinary Board, any individual

12 who is licensed to practice under this Act or holds a permit to

13 practice under this Act, or, in the case of the Licensing

14 Board, any individual who has applied for licensure or a permit

15 pursuant to this Act, to submit to a mental or physical

16 examination and evaluation, or both, which may include a

17 substance abuse or sexual offender evaluation, as required by

18 the Licensing Board or Disciplinary Board and at the expense of

19 the Department. The Disciplinary Board or Licensing Board shall

20 specifically designate the examining physician licensed to

21 practice medicine in all of its branches or, if applicable, the

22 multidisciplinary team involved in providing the mental or

23 physical examination and evaluation, or both. The

24 multidisciplinary team shall be led by a physician licensed to

25 practice medicine in all of its branches and may consist of one

26 or more or a combination of physicians licensed to practice

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1 medicine in all of its branches, licensed chiropractic

2 physicians, licensed naturopathic physicians, licensed

3 clinical psychologists, licensed clinical social workers,

4 licensed clinical professional counselors, and other

5 professional and administrative staff. Any examining physician

6 or member of the multidisciplinary team may require any person

7 ordered to submit to an examination and evaluation pursuant to

8 this Section to submit to any additional supplemental testing

9 deemed necessary to complete any examination or evaluation

10 process, including, but not limited to, blood testing,

11 urinalysis, psychological testing, or neuropsychological

12 testing. The Disciplinary Board, the Licensing Board, or the

13 Department may order the examining physician or any member of

14 the multidisciplinary team to provide to the Department, the

15 Disciplinary Board, or the Licensing Board any and all records,

16 including business records, that relate to the examination and

17 evaluation, including any supplemental testing performed. The

18 Disciplinary Board, the Licensing Board, or the Department may

19 order the examining physician or any member of the

20 multidisciplinary team to present testimony concerning this

21 examination and evaluation of the licensee, permit holder, or

22 applicant, including testimony concerning any supplemental

23 testing or documents relating to the examination and

24 evaluation. No information, report, record, or other documents

25 in any way related to the examination and evaluation shall be

26 excluded by reason of any common law or statutory privilege

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1 relating to communication between the licensee, permit holder,

2 or applicant and the examining physician or any member of the

3 multidisciplinary team. No authorization is necessary from the

4 licensee, permit holder, or applicant ordered to undergo an

5 evaluation and examination for the examining physician or any

6 member of the multidisciplinary team to provide information,

7 reports, records, or other documents or to provide any

8 testimony regarding the examination and evaluation. The

9 individual to be examined may have, at his or her own expense,

10 another physician of his or her choice present during all

11 aspects of the examination. Failure of any individual to submit

12 to mental or physical examination and evaluation, or both, when

13 directed, shall result in an automatic suspension, without

14 hearing, until such time as the individual submits to the

15 examination. If the Disciplinary Board or Licensing Board finds

16 a physician unable to practice following an examination and

17 evaluation because of the reasons set forth in this Section,

18 the Disciplinary Board or Licensing Board shall require such

19 physician to submit to care, counseling, or treatment by

20 physicians, or other health care professionals, approved or

21 designated by the Disciplinary Board, as a condition for

22 issued, continued, reinstated, or renewed licensure to

23 practice. Any physician, whose license was granted pursuant to

24 Sections 9, 17, or 19 of this Act, or, continued, reinstated,

25 renewed, disciplined or supervised, subject to such terms,

26 conditions or restrictions who shall fail to comply with such

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1 terms, conditions or restrictions, or to complete a required

2 program of care, counseling, or treatment, as determined by the

3 Chief Medical Coordinator or Deputy Medical Coordinators,

4 shall be referred to the Secretary for a determination as to

5 whether the licensee shall have their license suspended

6 immediately, pending a hearing by the Disciplinary Board. In

7 instances in which the Secretary immediately suspends a license

8 under this Section, a hearing upon such person's license must

9 be convened by the Disciplinary Board within 15 days after such

10 suspension and completed without appreciable delay. The

11 Disciplinary Board shall have the authority to review the

12 subject physician's record of treatment and counseling

13 regarding the impairment, to the extent permitted by applicable

14 federal statutes and regulations safeguarding the

15 confidentiality of medical records.

16 An individual licensed under this Act, affected under this

17 Section, shall be afforded an opportunity to demonstrate to the

18 Disciplinary Board that they can resume practice in compliance

19 with acceptable and prevailing standards under the provisions

20 of their license.

21 The Department may promulgate rules for the imposition of

22 fines in disciplinary cases, not to exceed $10,000 for each

23 violation of this Act. Fines may be imposed in conjunction with

24 other forms of disciplinary action, but shall not be the

25 exclusive disposition of any disciplinary action arising out of

26 conduct resulting in death or injury to a patient. Any funds

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1 collected from such fines shall be deposited in the Medical

2 Disciplinary Fund.

3 All fines imposed under this Section shall be paid within

4 60 days after the effective date of the order imposing the fine

5 or in accordance with the terms set forth in the order imposing

6 the fine.

7 (B) The Department shall revoke the license or permit

8 issued under this Act to practice medicine, a naturopathic

9 physician,or a chiropractic physician who has been convicted a

10 second time of committing any felony under the Illinois

11 Controlled Substances Act or the Methamphetamine Control and

12 Community Protection Act, or who has been convicted a second

13 time of committing a Class 1 felony under Sections 8A-3 and

14 8A-6 of the Illinois Public Aid Code. A person whose license or

15 permit is revoked under this subsection B shall be prohibited

16 from practicing medicine or treating human ailments without the

17 use of drugs and without operative surgery.

18 (C) The Disciplinary Board shall recommend to the

19 Department civil penalties and any other appropriate

20 discipline in disciplinary cases when the Board finds that a

21 physician willfully performed an abortion with actual

22 knowledge that the person upon whom the abortion has been

23 performed is a minor or an incompetent person without notice as

24 required under the Parental Notice of Abortion Act of 1995.

25 Upon the Board's recommendation, the Department shall impose,

26 for the first violation, a civil penalty of $1,000 and for a

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1 second or subsequent violation, a civil penalty of $5,000.

2 (Source: P.A. 97-622, eff. 11-23-11; 98-601, eff. 12-30-13;

3 98-668, eff. 6-25-14; 98-1140, eff. 12-30-14.)

4 (225 ILCS 60/24) (from Ch. 111, par. 4400-24)

5 (Section scheduled to be repealed on December 31, 2015)

6 Sec. 24. Report of violations; medical associations.

7 (a) Any physician licensed under this Act, the Illinois

8 State Medical Society, the Illinois Association of Osteopathic

9 Physicians and Surgeons, the Illinois Chiropractic Society,

10 the Illinois Prairie State Chiropractic Association, the

11 Illinois Association of Naturopathic Physicians,or any

12 component societies of any of these~~4~~ groups, and any other

13 person, may report to the Disciplinary Board any information

14 the physician, association, society, or person may have that

15 appears to show that a physician is or may be in violation of

16 any of the provisions of Section 22 of this Act.

17 (b) The Department may enter into agreements with the

18 Illinois State Medical Society, the Illinois Association of

19 Osteopathic Physicians and Surgeons, the Illinois Prairie

20 State Chiropractic Association,~~or~~the Illinois Chiropractic

21 Society, or the Illinois Association of Naturopathic

22 Physiciansto allow these organizations to assist the

23 Disciplinary Board in the review of alleged violations of this

24 Act. Subject to the approval of the Department, any

25 organization party to such an agreement may subcontract with

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1 other individuals or organizations to assist in review.

2 (c) Any physician, association, society, or person

3 participating in good faith in the making of a report under

4 this Act or participating in or assisting with an investigation

5 or review under this Act shall have immunity from any civil,

6 criminal, or other liability that might result by reason of

7 those actions.

8 (d) The medical information in the custody of an entity

9 under contract with the Department participating in an

10 investigation or review shall be privileged and confidential to

11 the same extent as are information and reports under the

12 provisions of Part 21 of Article VIII of the Code of Civil

13 Procedure.

14 (e) Upon request by the Department after a mandatory report

15 has been filed with the Department, an attorney for any party

16 seeking to recover damages for injuries or death by reason of

17 medical, hospital, or other healing art malpractice shall

18 provide patient records related to the physician involved in

19 the disciplinary proceeding to the Department within 30 days of

20 the Department's request for use by the Department in any

21 disciplinary matter under this Act. An attorney who provides

22 patient records to the Department in accordance with this

23 requirement shall not be deemed to have violated any

24 attorney-client privilege. Notwithstanding any other provision

25 of law, consent by a patient shall not be required for the

26 provision of patient records in accordance with this

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1 requirement.

2 (f) For the purpose of any civil or criminal proceedings,

3 the good faith of any physician, association, society or person

4 shall be presumed.

5 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

6 (225 ILCS 60/33) (from Ch. 111, par. 4400-33)

7 (Section scheduled to be repealed on December 31, 2015)

8 Sec. 33. Legend drugs.

9 (a) Any person licensed under this Act to practice medicine

10 in all of its branches shall be authorized to purchase legend

11 drugs requiring an order of a person authorized to prescribe

12 drugs, and to dispense such legend drugs in the regular course

13 of practicing medicine. The dispensing of such legend drugs

14 shall be the personal act of the person licensed under this Act

15 and may not be delegated to any other person not licensed under

16 this Act or the Pharmacy Practice Act unless such delegated

17 dispensing functions are under the direct supervision of the

18 physician authorized to dispense legend drugs. Except when

19 dispensing manufacturers' samples or other legend drugs in a

20 maximum 72 hour supply, persons licensed under this Act shall

21 maintain a book or file of prescriptions as required in the

22 Pharmacy Practice Act. Any person licensed under this Act who

23 dispenses any drug or medicine shall dispense such drug or

24 medicine in good faith and shall affix to the box, bottle,

25 vessel or package containing the same a label indicating (1)

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1 the date on which such drug or medicine is dispensed; (2) the

2 name of the patient; (3) the last name of the person dispensing

3 such drug or medicine; (4) the directions for use thereof; and

4 (5) the proprietary name or names or, if there are none, the

5 established name or names of the drug or medicine, the dosage

6 and quantity, except as otherwise authorized by regulation of

7 the Department.

8 (b) The labeling requirements set forth in subsection (a)

9 shall not apply to drugs or medicines in a package which bears

10 a label of the manufacturer containing information describing

11 its contents which is in compliance with requirements of the

12 Federal Food, Drug, and Cosmetic Act and the Illinois Food,

13 Drug, and Cosmetic Act. "Drug" and "medicine" have the meanings

14 ascribed to them in the Pharmacy Practice Act, as now or

15 hereafter amended; "good faith" has the meaning ascribed to it

16 in subsection (u) of Section 102 of the Illinois Controlled

17 Substances Act.

18 (c) Prior to dispensing a prescription to a patient, the

19 physician shall offer a written prescription to the patient

20 which the patient may elect to have filled by the physician or

21 any licensed pharmacy.

22 (d) A violation of any provision of this Section shall

23 constitute a violation of this Act and shall be grounds for

24 disciplinary action provided for in this Act.

25 (e) Nothing in this Section shall be construed to authorize

26 a chiropractic physician or naturopathic physician to

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1 prescribe drugs.

2 (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

3 (225 ILCS 60/34) (from Ch. 111, par. 4400-34)

4 (Section scheduled to be repealed on December 31, 2015)

5 Sec. 34. The provisions of this Act shall not be so

6 construed nor shall they be so administered as to discriminate

7 against any type or category of physician or against any

8 medical, osteopathic, naturopathic, or chiropractic college.

9 (Source: P.A. 85-4.)

10 Section 25. The Patients' Right to Know Act is amended by

11 changing Section 5 as follows:

12 (225 ILCS 61/5)

13 Sec. 5. Definitions. For purposes of this Act, the

14 following definitions shall have the following meanings,

15 except where the context requires otherwise:

16 "Department" means the Department of Financial and

17 Professional Regulation.

18 "Disciplinary Board" means the Medical Disciplinary Board.

19 "Physician" means a person licensed under the Medical

20 Practice Act to practice medicine in all of its branches, a

21 naturopathic physician, or a chiropractic physician licensed

22 to treat human ailments without the use of drugs and without

23 operative surgery.

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1 "Secretary" means the Secretary of the Department of

2 Financial and Professional Regulation.

3 (Source: P.A. 97-280, eff. 8-9-11.)

4 Section 30. The Naprapathic Practice Act is amended by

5 changing Sections 25 and 110 as follows:

6 (225 ILCS 63/25)

7 (Section scheduled to be repealed on January 1, 2023)

8 Sec. 25. Title and designation of licensed naprapaths.

9 Every person to whom a valid existing license as a naprapath

10 has been issued under this Act shall be designated

11 professionally a "naprapath", and not otherwise, and any

12 licensed naprapath may, in connection with the practice of his

13 profession, use the title or designation of "naprapath", and,

14 if entitled by degree from a college or university recognized

15 by the Department, may use the title of "Doctor of Naprapathy"

16 or the abbreviation "D.N.". When the name of the licensed

17 naprapath is used professionally in oral, written, or printed

18 announcements, professional cards, or publications for the

19 information of the public and is preceded by the title "Doctor"

20 or the abbreviation "Dr.", the explanatory designation of

21 "naprapath", "naprapathy", "Doctor of Naprapathy", or the

22 designation "D.N." shall be added immediately following title

23 and name. When the announcement, professional cards, or

24 publication is in writing or in print, the explanatory addition

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1 shall be in writing, type, or print not less than 1/2 the size

2 of that used in the name and title. No person other than the

3 holder of a valid existing license under this Act shall use the

4 title and designation of "Doctor of Naprapathy", "D.N.", or

5 "naprapath", either directly or indirectly, in connection with

6 his or her profession or business.

7 A naprapath licensed under this Act shall not hold himself

8 or herself out as a Doctor of Chiropracticor a Doctor of

9 Naturopathic Medicine unless he or she is licensed as a Doctor

10 of Chiropracticor Doctor of Naturopathic Medicine under the

11 Medical Practice Act of 1987 or any successor Act.

12 (Source: P.A. 97-778, eff. 7-13-12.)

13 (225 ILCS 63/110)

14 (Section scheduled to be repealed on January 1, 2023)

15 Sec. 110. Grounds for disciplinary action; refusal,

16 revocation, suspension.

17 (a) The Department may refuse to issue or to renew, or may

18 revoke, suspend, place on probation, reprimand or take other

19 disciplinary or non-disciplinary action as the Department may

20 deem appropriate, including imposing fines not to exceed

21 $10,000 for each violation, with regard to any licensee or

22 license for any one or combination of the following causes:

23 (1) Violations of this Act or of rules adopted under

24 this Act.

25 (2) Material misstatement in furnishing information to

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1 the Department.

2 (3) Conviction by plea of guilty or nolo contendere,

3 finding of guilt, jury verdict, or entry of judgment, or by

4 sentencing of any crime, including, but not limited to,

5 convictions, preceding sentences of supervision,

6 conditional discharge, or first offender probation, under

7 the laws of any jurisdiction of the United States: (i) that

8 is a felony or (ii) that is a misdemeanor, an essential

9 element of which is dishonesty, or that is directly related

10 to the practice of the profession.

11 (4) Fraud or any misrepresentation in applying for or

12 procuring a license under this Act or in connection with

13 applying for renewal of a license under this Act.

14 (5) Professional incompetence or gross negligence.

15 (6) Malpractice.

16 (7) Aiding or assisting another person in violating any

17 provision of this Act or its rules.

18 (8) Failing to provide information within 60 days in

19 response to a written request made by the Department.

20 (9) Engaging in dishonorable, unethical, or

21 unprofessional conduct of a character likely to deceive,

22 defraud, or harm the public.

23 (10) Habitual or excessive use or abuse of drugs

24 defined in law as controlled substances, alcohol, or any

25 other substance which results in the inability to practice

26 with reasonable judgment, skill, or safety.

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1 (11) Discipline by another U.S. jurisdiction or

2 foreign nation if at least one of the grounds for the

3 discipline is the same or substantially equivalent to those

4 set forth in this Act.

5 (12) Directly or indirectly giving to or receiving from

6 any person, firm, corporation, partnership, or association

7 any fee, commission, rebate, or other form of compensation

8 for any professional services not actually or personally

9 rendered. This shall not be deemed to include rent or other

10 remunerations paid to an individual, partnership, or

11 corporation by a naprapath for the lease, rental, or use of

12 space, owned or controlled by the individual, partnership,

13 corporation, or association. Nothing in this paragraph

14 (12) affects any bona fide independent contractor or

15 employment arrangements among health care professionals,

16 health facilities, health care providers, or other

17 entities, except as otherwise prohibited by law. Any

18 employment arrangements may include provisions for

19 compensation, health insurance, pension, or other

20 employment benefits for the provision of services within

21 the scope of the licensee's practice under this Act.

22 Nothing in this paragraph (12) shall be construed to

23 require an employment arrangement to receive professional

24 fees for services rendered.

25 (13) Using the title "Doctor" or its abbreviation

26 without further clarifying that title or abbreviation with

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1 the word "naprapath" or "naprapathy" or the designation

2 "D.N.".

3 (14) A finding by the Department that the licensee,

4 after having his or her license placed on probationary

5 status, has violated the terms of probation.

6 (15) Abandonment of a patient without cause.

7 (16) Willfully making or filing false records or

8 reports relating to a licensee's practice, including but

9 not limited to, false records filed with State agencies or

10 departments.

11 (17) Willfully failing to report an instance of

12 suspected child abuse or neglect as required by the Abused

13 and Neglected Child Reporting Act.

14 (18) Physical or mental illness or disability,

15 including, but not limited to, deterioration through the

16 aging process or loss of motor skill that results in the

17 inability to practice the profession with reasonable

18 judgment, skill, or safety.

19 (19) Solicitation of professional services by means

20 other than permitted advertising.

21 (20) Failure to provide a patient with a copy of his or

22 her record upon the written request of the patient.

23 (21) Cheating on or attempting to subvert the licensing

24 examination administered under this Act.

25 (22) Allowing one's license under this Act to be used

26 by an unlicensed person in violation of this Act.

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1 (23) (Blank).

2 (24) Being named as a perpetrator in an indicated

3 report by the Department of Children and Family Services

4 under the Abused and Neglected Child Reporting Act and upon

5 proof by clear and convincing evidence that the licensee

6 has caused a child to be an abused child or a neglected

7 child as defined in the Abused and Neglected Child

8 Reporting Act.

9 (25) Practicing under a false or, except as provided by

10 law, an assumed name.

11 (26) Immoral conduct in the commission of any act, such

12 as sexual abuse, sexual misconduct, or sexual

13 exploitation, related to the licensee's practice.

14 (27) Maintaining a professional relationship with any

15 person, firm, or corporation when the naprapath knows, or

16 should know, that the person, firm, or corporation is

17 violating this Act.

18 (28) Promotion of the sale of food supplements,

19 devices, appliances, or goods provided for a client or

20 patient in such manner as to exploit the patient or client

21 for financial gain of the licensee.

22 (29) Having treated ailments of human beings other than

23 by the practice of naprapathy as defined in this Act, or

24 having treated ailments of human beings as a licensed

25 naprapath independent of a documented referral or

26 documented current and relevant diagnosis from a

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1 physician, dentist, or podiatric physician, or having

2 failed to notify the physician, dentist, or podiatric

3 physician who established a documented current and

4 relevant diagnosis that the patient is receiving

5 naprapathic treatment pursuant to that diagnosis.

6 (30) Use by a registered naprapath of the word

7 "infirmary", "hospital", "school", "university", in

8 English or any other language, in connection with the place

9 where naprapathy may be practiced or demonstrated.

10 (31) Continuance of a naprapath in the employ of any

11 person, firm, or corporation, or as an assistant to any

12 naprapath or naprapaths, directly or indirectly, after his

13 or her employer or superior has been found guilty of

14 violating or has been enjoined from violating the laws of

15 the State of Illinois relating to the practice of

16 naprapathy when the employer or superior persists in that

17 violation.

18 (32) The performance of naprapathic service in

19 conjunction with a scheme or plan with another person,

20 firm, or corporation known to be advertising in a manner

21 contrary to this Act or otherwise violating the laws of the

22 State of Illinois concerning the practice of naprapathy.

23 (33) Failure to provide satisfactory proof of having

24 participated in approved continuing education programs as

25 determined by and approved by the Secretary. Exceptions for

26 extreme hardships are to be defined by the rules of the

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1 Department.

2 (34) (Blank).

3 (35) Gross or willful overcharging for professional

4 services.

5 (36) (Blank).

6 All fines imposed under this Section shall be paid within

7 60 days after the effective date of the order imposing the

8 fine.

9 (b) The Department may refuse to issue or may suspend

10 without hearing, as provided for in the Department of

11 Professional Regulation Law of the Civil Administrative Code,

12 the license of any person who fails to file a return, or pay

13 the tax, penalty, or interest shown in a filed return, or pay

14 any final assessment of the tax, penalty, or interest as

15 required by any tax Act administered by the Illinois Department

16 of Revenue, until such time as the requirements of any such tax

17 Act are satisfied in accordance with subsection (g) of Section

18 2105-15 of the Department of Professional Regulation Law of the

19 Civil Administrative Code of Illinois.

20 (c) The Department shall deny a license or renewal

21 authorized by this Act to a person who has defaulted on an

22 educational loan or scholarship provided or guaranteed by the

23 Illinois Student Assistance Commission or any governmental

24 agency of this State in accordance with item (5) of subsection

25 (a) of Section 2105-15 of the Department of Professional

26 Regulation Law of the Civil Administrative Code of Illinois.

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1 (d) In cases where the Department of Healthcare and Family

2 Services has previously determined a licensee or a potential

3 licensee is more than 30 days delinquent in the payment of

4 child support and has subsequently certified the delinquency to

5 the Department, the Department may refuse to issue or renew or

6 may revoke or suspend that person's license or may take other

7 disciplinary action against that person based solely upon the

8 certification of delinquency made by the Department of

9 Healthcare and Family Services in accordance with item (5) of

10 subsection (a) of Section 2105-15 of the Department of

11 Professional Regulation Law of the Civil Administrative Code of

12 Illinois.

13 (e) The determination by a circuit court that a licensee is

14 subject to involuntary admission or judicial admission, as

15 provided in the Mental Health and Developmental Disabilities

16 Code, operates as an automatic suspension. The suspension shall

17 end only upon a finding by a court that the patient is no

18 longer subject to involuntary admission or judicial admission

19 and the issuance of an order so finding and discharging the

20 patient.

21 (f) In enforcing this Act, the Department, upon a showing

22 of a possible violation, may compel an individual licensed to

23 practice under this Act, or who has applied for licensure under

24 this Act, to submit to a mental or physical examination and

25 evaluation, or both, which may include a substance abuse or

26 sexual offender evaluation, as required by and at the expense

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1 of the Department. The Department shall specifically designate

2 the examining physician licensed to practice medicine in all of

3 its branches or, if applicable, the multidisciplinary team

4 involved in providing the mental or physical examination and

5 evaluation, or both. The multidisciplinary team shall be led by

6 a physician licensed to practice medicine in all of its

7 branches and may consist of one or more or a combination of

8 physicians licensed to practice medicine in all of its

9 branches, licensed chiropractic physicians, licensed

10 naturopathic physicians, licensed clinical psychologists,

11 licensed clinical social workers, licensed clinical

12 professional counselors, and other professional and

13 administrative staff. Any examining physician or member of the

14 multidisciplinary team may require any person ordered to submit

15 to an examination and evaluation pursuant to this Section to

16 submit to any additional supplemental testing deemed necessary

17 to complete any examination or evaluation process, including,

18 but not limited to, blood testing, urinalysis, psychological

19 testing, or neuropsychological testing.

20 The Department may order the examining physician or any

21 member of the multidisciplinary team to provide to the

22 Department any and all records including business records that

23 relate to the examination and evaluation, including any

24 supplemental testing performed. The Department may order the

25 examining physician or any member of the multidisciplinary team

26 to present testimony concerning the examination and evaluation

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1 of the licensee or applicant, including testimony concerning

2 any supplemental testing or documents in any way related to the

3 examination and evaluation. No information, report, record, or

4 other documents in any way related to the examination and

5 evaluation shall be excluded by reason of any common law or

6 statutory privilege relating to communications between the

7 licensee or applicant and the examining physician or any member

8 of the multidisciplinary team. No authorization is necessary

9 from the licensee or applicant ordered to undergo an evaluation

10 and examination for the examining physician or any member of

11 the multidisciplinary team to provide information, reports,

12 records, or other documents or to provide any testimony

13 regarding the examination and evaluation. The individual to be

14 examined may have, at his or her own expense, another physician

15 of his or her choice present during all aspects of this

16 examination. Failure of an individual to submit to a mental or

17 physical examination and evaluation, or both, when directed,

18 shall result in an automatic suspension without hearing, until

19 such time as the individual submits to the examination.

20 A person holding a license under this Act or who has

21 applied for a license under this Act who, because of a physical

22 or mental illness or disability, including, but not limited to,

23 deterioration through the aging process or loss of motor skill,

24 is unable to practice the profession with reasonable judgment,

25 skill, or safety, may be required by the Department to submit

26 to care, counseling, or treatment by physicians approved or

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1 designated by the Department as a condition, term, or

2 restriction for continued, reinstated, or renewed licensure to

3 practice. Submission to care, counseling, or treatment as

4 required by the Department shall not be considered discipline

5 of a license. If the licensee refuses to enter into a care,

6 counseling, or treatment agreement or fails to abide by the

7 terms of the agreement, the Department may file a complaint to

8 revoke, suspend, or otherwise discipline the license of the

9 individual. The Secretary may order the license suspended

10 immediately, pending a hearing by the Department. Fines shall

11 not be assessed in disciplinary actions involving physical or

12 mental illness or impairment.

13 In instances in which the Secretary immediately suspends a

14 person's license under this Section, a hearing on that person's

15 license must be convened by the Department within 15 days after

16 the suspension and completed without appreciable delay. The

17 Department shall have the authority to review the subject

18 individual's record of treatment and counseling regarding the

19 impairment to the extent permitted by applicable federal

20 statutes and regulations safeguarding the confidentiality of

21 medical records.

22 An individual licensed under this Act and affected under

23 this Section shall be afforded an opportunity to demonstrate to

24 the Department that he or she can resume practice in compliance

25 with acceptable and prevailing standards under the provisions

26 of his or her license.

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1 (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;

2 98-463, eff. 8-16-13.)

3 Section 35. The Illinois Physical Therapy Act is amended by

4 changing Section 1 as follows:

5 (225 ILCS 90/1) (from Ch. 111, par. 4251)

6 (Section scheduled to be repealed on January 1, 2016)

7 Sec. 1. Definitions. As used in this Act:

8 (1) "Physical therapy" means all of the following:

9 (A) Examining, evaluating, and testing individuals who

10 may have mechanical, physiological, or developmental

11 impairments, functional limitations, disabilities, or

12 other health and movement-related conditions, classifying

13 these disorders, determining a rehabilitation prognosis

14 and plan of therapeutic intervention, and assessing the

15 on-going effects of the interventions.

16 (B) Alleviating impairments, functional limitations,

17 or disabilities by designing, implementing, and modifying

18 therapeutic interventions that may include, but are not

19 limited to, the evaluation or treatment of a person through

20 the use of the effective properties of physical measures

21 and heat, cold, light, water, radiant energy, electricity,

22 sound, and air and use of therapeutic massage, therapeutic

23 exercise, mobilization, and rehabilitative procedures,

24 with or without assistive devices, for the purposes of

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1 preventing, correcting, or alleviating a physical or

2 mental impairment, functional limitation, or disability.

3 (C) Reducing the risk of injury, impairment,

4 functional limitation, or disability, including the

5 promotion and maintenance of fitness, health, and

6 wellness.

7 (D) Engaging in administration, consultation,

8 education, and research.

9 Physical therapy includes, but is not limited to: (a)

10 performance of specialized tests and measurements, (b)

11 administration of specialized treatment procedures, (c)

12 interpretation of referrals from physicians, dentists,

13 advanced practice nurses, physician assistants, and podiatric

14 physicians, (d) establishment, and modification of physical

15 therapy treatment programs, (e) administration of topical

16 medication used in generally accepted physical therapy

17 procedures when such medication is prescribed by the patient's

18 physician, licensed to practice medicine in all its branches,

19 the patient's physician licensed to practice podiatric

20 medicine, the patient's advanced practice nurse, the patient's

21 physician assistant, or the patient's dentist, and (f)

22 supervision or teaching of physical therapy. Physical therapy

23 does not include radiology, electrosurgery, chiropractic

24 technique, naturopathic technique, or determination of a

25 differential diagnosis; provided, however, the limitation on

26 determining a differential diagnosis shall not in any manner

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1 limit a physical therapist licensed under this Act from

2 performing an evaluation pursuant to such license. Nothing in

3 this Section shall limit a physical therapist from employing

4 appropriate physical therapy techniques that he or she is

5 educated and licensed to perform. A physical therapist shall

6 refer to a licensed physician, advanced practice nurse,

7 physician assistant, dentist, or podiatric physician any

8 patient whose medical condition should, at the time of

9 evaluation or treatment, be determined to be beyond the scope

10 of practice of the physical therapist.

11 (2) "Physical therapist" means a person who practices

12 physical therapy and who has met all requirements as provided

13 in this Act.

14 (3) "Department" means the Department of Professional

15 Regulation.

16 (4) "Director" means the Director of Professional

17 Regulation.

18 (5) "Board" means the Physical Therapy Licensing and

19 Disciplinary Board approved by the Director.

20 (6) "Referral" means a written or oral authorization for

21 physical therapy services for a patient by a physician,

22 dentist, advanced practice nurse, physician assistant, or

23 podiatric physician who maintains medical supervision of the

24 patient and makes a diagnosis or verifies that the patient's

25 condition is such that it may be treated by a physical

26 therapist.

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1 (7) "Documented current and relevant diagnosis" for the

2 purpose of this Act means a diagnosis, substantiated by

3 signature or oral verification of a physician, dentist,

4 advanced practice nurse, physician assistant, or podiatric

5 physician, that a patient's condition is such that it may be

6 treated by physical therapy as defined in this Act, which

7 diagnosis shall remain in effect until changed by the

8 physician, dentist, advanced practice nurse, physician

9 assistant, or podiatric physician.

10 (8) "State" includes:

11 (a) the states of the United States of America;

12 (b) the District of Columbia; and

13 (c) the Commonwealth of Puerto Rico.

14 (9) "Physical therapist assistant" means a person licensed

15 to assist a physical therapist and who has met all requirements

16 as provided in this Act and who works under the supervision of

17 a licensed physical therapist to assist in implementing the

18 physical therapy treatment program as established by the

19 licensed physical therapist. The patient care activities

20 provided by the physical therapist assistant shall not include

21 the interpretation of referrals, evaluation procedures, or the

22 planning or major modification of patient programs.

23 (10) "Physical therapy aide" means a person who has

24 received on the job training, specific to the facility in which

25 he is employed, but who has not completed an approved physical

26 therapist assistant program.

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1 (11) "Advanced practice nurse" means a person licensed

2 under the Nurse Practice Act who has a collaborative agreement

3 with a collaborating physician that authorizes referrals to

4 physical therapists.

5 (12) "Physician assistant" means a person licensed under

6 the Physician Assistant Practice Act of 1987 who has been

7 delegated authority to make referrals to physical therapists.

8 (Source: P.A. 98-214, eff. 8-9-13.)

9 Section 40. The Health Care Arbitration Act is amended by

10 changing Section 2 as follows:

11 (710 ILCS 15/2) (from Ch. 10, par. 202)

12 Sec. 2. Definitions. As used in this Act:

13 (a) "Health care provider" means a person, partnership,

14 corporation, or other entity lawfully engaged in the practice

15 of medicine, surgery, chiropractic,naturopathy,dentistry,

16 podiatry, optometry, physical therapy or nursing.

17 (b) "Hospital" means a person, partnership, corporation or

18 other entity lawfully engaged in the operation or

19 administration of a hospital, clinic, nursing home or

20 sanitarium.

21 (c) "Supplier" means a person, corporation, partnership or

22 other entity that has manufactured, designed, distributed,

23 sold, or otherwise provided any medication, device, equipment,

24 service, or other product used in the diagnosis or treatment of

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1 a patient.

2 (d) "Health care arbitration agreement" or "agreement"

3 means a written agreement between a patient and a hospital or

4 health care provider to submit to binding arbitration a claim

5 for damages arising out of (1) injuries alleged to have been

6 received by a patient or (2) death of a patient, due to

7 hospital or health care provider negligence or other wrongful

8 act, but not including intentional torts.

9 (Source: P.A. 90-655, eff. 7-30-98.)

10 Section 99. Effective date. This Act takes effect upon

11 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 20 ILCS 3945/2 from Ch. 144, par. 2002

4 105 ILCS 5/24-6

5 105 ILCS 5/26-1 from Ch. 122, par. 26-1

6 215 ILCS 5/122-1 from Ch. 73, par. 734-1

7 225 ILCS 60/2 from Ch. 111, par. 4400-2

8 225 ILCS 60/7 from Ch. 111, par. 4400-7

9 225 ILCS 60/8 from Ch. 111, par. 4400-8

10 225 ILCS 60/9 from Ch. 111, par. 4400-9

11 225 ILCS 60/10 from Ch. 111, par. 4400-10

12 225 ILCS 60/11 from Ch. 111, par. 4400-11

13 225 ILCS 60/14 from Ch. 111, par. 4400-14

14 225 ILCS 60/15 from Ch. 111, par. 4400-15

15 225 ILCS 60/16 from Ch. 111, par. 4400-16

16 225 ILCS 60/17 from Ch. 111, par. 4400-17

17 225 ILCS 60/18 from Ch. 111, par. 4400-18

18 225 ILCS 60/19 from Ch. 111, par. 4400-19

19 225 ILCS 60/22 from Ch. 111, par. 4400-22

20 225 ILCS 60/24 from Ch. 111, par. 4400-24

21 225 ILCS 60/33 from Ch. 111, par. 4400-33

22 225 ILCS 60/34 from Ch. 111, par. 4400-34

23 225 ILCS 61/5

24 225 ILCS 63/25

25 225 ILCS 63/110

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