Bill Text: IL HB1355 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Provides that in determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider any recommendation made by the Department. Sets forth criteria that the Medical Licensing Board may consider in making a determination of professional capacity, and makes other changes concerning professional capacity. Makes a change concerning a visiting professor permit. Changes references from "licensure without examination" to "licensure by endorsement". Makes a change concerning requiring an examination. Requires the State's Attorney of each county to report to the Disciplinary Board, within 5 days after a conviction, all instances in which a person licensed under the Act is convicted of any felony or a class A misdemeanor for an act or conduct similar to an act or conduct that would constitute grounds for disciplinary action (now, the State's Attorney must report all instances in which a licensee is convicted or otherwise found guilty of any felony). Allows the disclosure of certain confidential information to a medical licensing authority of another state or jurisdiction in certain instances. Makes other changes. Repeals a Section concerning the practice of medicine by persons licensed in any other state who have applied to the Department of Financial and Professional Regulation for a license to practice medicine in all of its branches. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB1355 Detail]
Download: Illinois-2009-HB1355-Introduced.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | |||||||||||||||||||||||||||||||
5 | changing Sections 7.5, 9, 18, 19, 23, and 26 as follows:
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6 | (225 ILCS 60/7.5)
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7 | (Section scheduled to be repealed on December 31, 2010)
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8 | Sec. 7.5. Complaint Committee.
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9 | (a) There shall be a Complaint Committee of the | |||||||||||||||||||||||||||||||
10 | Disciplinary Board
composed of at least one of the medical | |||||||||||||||||||||||||||||||
11 | coordinators established by subsection
(g) of Section 7 of this | |||||||||||||||||||||||||||||||
12 | Act, the Chief of Medical Investigations (person
employed by | |||||||||||||||||||||||||||||||
13 | the Department who is in charge of investigating complaints | |||||||||||||||||||||||||||||||
14 | against
physicians and physician assistants), and at least 3 | |||||||||||||||||||||||||||||||
15 | voting members of the
Disciplinary Board (at least 2 of whom | |||||||||||||||||||||||||||||||
16 | shall be physicians) designated by the
Chairman of the Medical | |||||||||||||||||||||||||||||||
17 | Disciplinary Board with the approval of the
Disciplinary Board. | |||||||||||||||||||||||||||||||
18 | The Disciplinary Board members so appointed shall serve
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19 | one-year terms and may be eligible for reappointment
for | |||||||||||||||||||||||||||||||
20 | subsequent terms.
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21 | (b) The Complaint Committee shall meet at least twice a | |||||||||||||||||||||||||||||||
22 | month to
exercise its functions and duties set forth in | |||||||||||||||||||||||||||||||
23 | subsection (c) below. At least 2
members of the Disciplinary |
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1 | Board shall be in attendance in order for any
business to be | ||||||
2 | transacted by the Complaint Committee. The Complaint Committee
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3 | shall make every effort to consider expeditiously and take | ||||||
4 | prompt action on
each item on its agenda.
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5 | (c) The Complaint Committee shall have the following duties | ||||||
6 | and functions:
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7 | (1) To recommend to the Disciplinary Board that a | ||||||
8 | complaint file be
closed.
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9 | (2) To refer a complaint file to the office of the | ||||||
10 | Chief of Medical
Prosecutions (person employed by the | ||||||
11 | Department who is in charge of
prosecuting formal | ||||||
12 | complaints against licensees) for review.
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13 | (3) To make a decision in conjunction with the Chief of | ||||||
14 | Medical
Prosecutions regarding action to be taken on a | ||||||
15 | complaint file.
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16 | (d) In determining what action to take or whether to | ||||||
17 | proceed with
prosecution of a complaint, the Complaint | ||||||
18 | Committee shall consider, but not be
limited to, the following | ||||||
19 | factors: sufficiency of the evidence presented,
prosecutorial | ||||||
20 | merit under Section 22 of this Act, any recommendation made by | ||||||
21 | the Department, and insufficient cooperation
from complaining | ||||||
22 | parties.
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23 | (Source: P.A. 93-214, eff. 1-1-04 .)
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24 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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25 | (Section scheduled to be repealed on December 31, 2010)
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1 | Sec. 9. Application for license. Each applicant for a | ||||||
2 | license shall:
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3 | (A) Make application on blank forms prepared and
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4 | furnished by the Department of Professional Regulation
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5 | hereinafter referred to as the Department.
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6 | (B) Submit evidence satisfactory to the Department
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7 | that the applicant:
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8 | (1) is of good moral character. In determining | ||||||
9 | moral
character under this Section, the Department may | ||||||
10 | take into
consideration whether the applicant has | ||||||
11 | engaged in conduct
or activities which would | ||||||
12 | constitute grounds for discipline
under this Act. The | ||||||
13 | Department may also request the
applicant to submit, | ||||||
14 | and may consider as evidence of moral
character, | ||||||
15 | endorsements from 2 or 3 individuals licensed
under | ||||||
16 | this Act;
| ||||||
17 | (2) has the preliminary and professional education
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18 | required by this Act;
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19 | (3) (blank); and
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20 | (4) is physically, mentally, and professionally | ||||||
21 | capable
of practicing medicine with reasonable | ||||||
22 | judgment, skill, and
safety. In determining physical, | ||||||
23 | mental and professional
capacity under this Section, | ||||||
24 | the Medical Licensing Board
may, upon a showing of a | ||||||
25 | possible incapacity, compel any
applicant to submit to | ||||||
26 | a mental or physical examination, or
both. The |
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1 | Licensing Board may condition or restrict any
license, | ||||||
2 | subject to the same terms and conditions as are
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3 | provided for the Medical Disciplinary Board under | ||||||
4 | Section 22
of this Act. Any such condition of a | ||||||
5 | restricted license
shall provide that the Chief | ||||||
6 | Medical Coordinator or Deputy
Medical Coordinator | ||||||
7 | shall have the authority to review the
subject | ||||||
8 | physician's compliance with such conditions or
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9 | restrictions, including, where appropriate, the | ||||||
10 | physician's
record of treatment and counseling | ||||||
11 | regarding the impairment,
to the extent permitted by | ||||||
12 | applicable federal statutes and
regulations | ||||||
13 | safeguarding the confidentiality of medical
records of | ||||||
14 | patients.
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15 | In determining professional capacity under this
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16 | Section , an any individual who has not been actively | ||||||
17 | engaged in
the practice of medicine or as a medical, | ||||||
18 | osteopathic, or
chiropractic student or who has not been | ||||||
19 | engaged in a formal
program of medical education during the | ||||||
20 | 2 years
immediately preceding their application may be | ||||||
21 | required to
complete such additional testing, training, or | ||||||
22 | remedial
education as the Licensing Board may deem | ||||||
23 | necessary in order
to establish the applicant's present | ||||||
24 | capacity to practice
medicine with reasonable judgment, | ||||||
25 | skill, and safety. The Medical Licensing Board may consider | ||||||
26 | all of the following criteria as they relate to an |
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1 | applicant, as part of its determination of professional | ||||||
2 | capacity:
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3 | (1) Medical research in an established research | ||||||
4 | facility, hospital, college or university, or private | ||||||
5 | corporation. | ||||||
6 | (2) Specialized training or education. | ||||||
7 | (3) Publication of original work in learned, | ||||||
8 | medical or scientific journals. | ||||||
9 | (4) Participation in federal, State, local, or | ||||||
10 | international public health programs or organizations. | ||||||
11 | (5) Professional service in a federal veterans or | ||||||
12 | military institution. | ||||||
13 | (6) Any other professional activities deemed to | ||||||
14 | maintain and enhance the clinical capabilities of the | ||||||
15 | applicant. | ||||||
16 | Any applicant applying for a license to practice | ||||||
17 | medicine in all of its branches or for a license as a | ||||||
18 | chiropractic physician who has not been engaged in the | ||||||
19 | active practice of medicine or has not been enrolled in a | ||||||
20 | medical program for 2 years prior to application must | ||||||
21 | submit proof of professional capacity to the Medical | ||||||
22 | Licensing Board. | ||||||
23 | Any applicant applying for a temporary license that has | ||||||
24 | not been engaged in the active practice of medicine or has | ||||||
25 | not been enrolled in a medical program for longer than 5 | ||||||
26 | years prior to application must submit proof of |
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1 | professional capacity to the Medical Licensing Board.
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2 | (C) Designate specifically the name, location, and
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3 | kind of professional school, college, or institution of
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4 | which the applicant is a graduate and the category under
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5 | which the applicant seeks, and will undertake, to practice.
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6 | (D) Pay to the Department at the time of application
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7 | the required fees.
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8 | (E) Pursuant to Department rules, as required, pass an
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9 | examination authorized by the Department to determine
the | ||||||
10 | applicant's fitness to receive a license.
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11 | (F) Complete the application process within 3 years | ||||||
12 | from the date of
application. If the process has not been | ||||||
13 | completed within 3 years, the
application shall be denied, | ||||||
14 | application fees shall be forfeited, and the
applicant
must | ||||||
15 | reapply and meet the requirements in effect at the time of
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16 | reapplication.
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17 | (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
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18 | (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
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19 | (Section scheduled to be repealed on December 31, 2010)
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20 | Sec. 18. Visiting professor, physician, or resident | ||||||
21 | permits.
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22 | (A) Visiting professor permit.
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23 | (1) A visiting professor permit shall
entitle a person | ||||||
24 | to practice medicine in all of its branches
or to practice | ||||||
25 | the treatment of human ailments without the
use of drugs |
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1 | and without operative surgery provided:
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2 | (a) 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 their
native licensing | ||||||
7 | jurisdiction during the period of the
visiting | ||||||
8 | professor permit;
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9 | (b) the person has received a faculty appointment | ||||||
10 | to
teach in a medical, osteopathic or chiropractic | ||||||
11 | school in
Illinois; and
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12 | (c) the Department may prescribe the information | ||||||
13 | necessary to
establish
an applicant's eligibility for | ||||||
14 | a permit. This information shall include
without | ||||||
15 | limitation (i) a statement from the dean of the medical | ||||||
16 | school at which
the
applicant will be employed | ||||||
17 | describing the applicant's qualifications and (ii)
a | ||||||
18 | statement from the dean of the medical school listing | ||||||
19 | every affiliated
institution in which the applicant | ||||||
20 | will be providing instruction as part of the
medical | ||||||
21 | school's education program and justifying any clinical | ||||||
22 | activities at
each of the institutions listed by the | ||||||
23 | dean.
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24 | (2) Application for visiting professor permits shall
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25 | be made to the Department, in writing, on forms prescribed
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26 | by the Department and shall be accompanied by the required
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1 | fee established by rule, which shall not be refundable. Any | ||||||
2 | application
shall require the information as, in the | ||||||
3 | judgment of the Department, will
enable the Department to | ||||||
4 | pass on the qualifications of the applicant.
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5 | (3) A visiting professor permit shall be valid for no | ||||||
6 | longer than 2
years from the date of issuance or until the | ||||||
7 | time the
faculty appointment is terminated, whichever | ||||||
8 | occurs first,
and may be renewed only in accordance with | ||||||
9 | subdivision (A)(6) of this
Section.
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10 | (4) The applicant may be required to appear before the
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11 | Medical Licensing Board for an interview prior to, and as a
| ||||||
12 | requirement for, the issuance of the original permit and | ||||||
13 | the
renewal.
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14 | (5) Persons holding a permit under this Section shall
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15 | only practice medicine in all of its branches or practice
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16 | the treatment of human ailments without the use of drugs
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17 | and without operative surgery in the State of Illinois in
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18 | their official capacity under their contract
within the | ||||||
19 | medical school itself and any affiliated institution in | ||||||
20 | which the
permit holder is providing instruction as part of | ||||||
21 | the medical school's
educational program and for which the | ||||||
22 | medical school has assumed direct
responsibility.
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23 | (6) After the initial renewal of a visiting professor | ||||||
24 | permit, a A visiting professor permit shall be valid until | ||||||
25 | the last day of the
next physician license renewal period, | ||||||
26 | as set by rule, and may only be
renewed for applicants who |
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1 | meet the following requirements:
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2 | (i) have obtained the required continuing | ||||||
3 | education hours as set by
rule; and
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4 | (ii) have paid the fee prescribed for a license | ||||||
5 | under Section 21 of this
Act.
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6 | For initial renewal, the visiting professor must | ||||||
7 | successfully pass a
general competency examination authorized | ||||||
8 | by the Department by rule, unless he or she was issued an | ||||||
9 | initial visiting professor permit on or after January 1, 2007, | ||||||
10 | but prior to July 1, 2007.
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11 | (B) Visiting physician permit.
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12 | (1) The Department may, in its discretion, issue a | ||||||
13 | temporary visiting
physician permit, without examination, | ||||||
14 | provided:
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15 | (a) (blank);
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16 | (b) that the person maintains an equivalent | ||||||
17 | authorization to practice
medicine in all of its | ||||||
18 | branches or to practice the treatment of human
ailments | ||||||
19 | without the use of drugs and without operative surgery | ||||||
20 | in good
standing in his or her native licensing | ||||||
21 | jurisdiction during the period of the
temporary | ||||||
22 | visiting physician permit;
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23 | (c) that the person has received an invitation or | ||||||
24 | appointment to study,
demonstrate, or perform a
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25 | specific medical, osteopathic, chiropractic or |
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1 | clinical subject or
technique in a medical, | ||||||
2 | osteopathic, or chiropractic school, a hospital
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3 | licensed under the Hospital Licensing Act, a hospital | ||||||
4 | organized
under the University of Illinois Hospital | ||||||
5 | Act, or a facility operated
pursuant to the Ambulatory | ||||||
6 | Surgical Treatment Center Act; and
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7 | (d) that the temporary visiting physician permit | ||||||
8 | shall only permit the
holder to practice medicine in | ||||||
9 | all of its branches or practice the
treatment of human | ||||||
10 | ailments without the use of drugs and without operative
| ||||||
11 | surgery within the scope of the medical, osteopathic, | ||||||
12 | chiropractic, or
clinical studies for which the holder | ||||||
13 | was invited or appointed.
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14 | (2) The application for the temporary visiting | ||||||
15 | physician permit shall be
made to the Department, in | ||||||
16 | writing, on forms prescribed by the
Department, and shall | ||||||
17 | be accompanied by the required fee established by
rule, | ||||||
18 | which shall not be refundable. The application shall | ||||||
19 | require
information that, in the judgment of the | ||||||
20 | Department, will enable the
Department to pass on the | ||||||
21 | qualification of the applicant, and the necessity
for the | ||||||
22 | granting of a temporary visiting physician permit.
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23 | (3) A temporary visiting physician permit shall be | ||||||
24 | valid for 180
days
from the date of issuance or until the | ||||||
25 | time the medical, osteopathic,
chiropractic, or clinical | ||||||
26 | studies are completed, whichever occurs first.
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1 | (4) The applicant for a temporary visiting physician | ||||||
2 | permit may be
required to appear before the Medical | ||||||
3 | Licensing Board for an interview
prior to, and as a | ||||||
4 | requirement for, the issuance of a temporary visiting
| ||||||
5 | physician permit.
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6 | (5) A limited temporary visiting physician permit | ||||||
7 | shall be issued to a
physician licensed in another state | ||||||
8 | who has been requested to perform emergency
procedures in | ||||||
9 | Illinois if he or she meets the requirements as established | ||||||
10 | by
rule.
| ||||||
11 | (C) Visiting resident permit.
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12 | (1) The Department may, in its discretion, issue a | ||||||
13 | temporary visiting
resident permit, without examination, | ||||||
14 | provided:
| ||||||
15 | (a) (blank);
| ||||||
16 | (b) that the person maintains an equivalent | ||||||
17 | authorization to practice
medicine in all of its | ||||||
18 | branches or to practice the treatment of human
ailments | ||||||
19 | without the use of drugs and without operative surgery | ||||||
20 | in good
standing in his or her native licensing | ||||||
21 | jurisdiction during the period of
the temporary | ||||||
22 | visiting resident permit;
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23 | (c) that the applicant is enrolled in a | ||||||
24 | postgraduate clinical training
program outside the | ||||||
25 | State of Illinois that is approved by the Department;
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1 | (d) that the individual has been invited or | ||||||
2 | appointed for a specific
period of time to perform a | ||||||
3 | portion of that post graduate clinical training
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4 | program under the supervision of an Illinois licensed | ||||||
5 | physician in an
Illinois patient care clinic or | ||||||
6 | facility that is affiliated with the
out-of-State post | ||||||
7 | graduate training program; and
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8 | (e) that the temporary visiting resident permit | ||||||
9 | shall only permit the
holder to practice medicine in | ||||||
10 | all of its branches or practice the
treatment of human | ||||||
11 | ailments without the use of drugs and without operative
| ||||||
12 | surgery within the scope of the medical, osteopathic, | ||||||
13 | chiropractic or
clinical studies for which the holder | ||||||
14 | was invited or appointed.
| ||||||
15 | (2) The application for the temporary visiting | ||||||
16 | resident permit shall be
made to the Department, in | ||||||
17 | writing, on forms prescribed by the Department,
and shall | ||||||
18 | be accompanied by the required fee established by rule. The
| ||||||
19 | application shall require information that, in the | ||||||
20 | judgment of the
Department, will enable the Department to | ||||||
21 | pass on the qualifications of
the applicant.
| ||||||
22 | (3) A temporary visiting resident permit shall be valid | ||||||
23 | for 180 days from
the date of issuance or until the time | ||||||
24 | the medical, osteopathic,
chiropractic, or clinical | ||||||
25 | studies are completed, whichever occurs first.
| ||||||
26 | (4) The applicant for a temporary visiting resident |
| |||||||
| |||||||
1 | permit may be
required to appear before the Medical | ||||||
2 | Licensing Board for an interview
prior to, and as a | ||||||
3 | requirement for, the issuance of a temporary visiting
| ||||||
4 | resident permit.
| ||||||
5 | (Source: P.A. 95-915, eff. 8-26-08 .)
| ||||||
6 | (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| ||||||
7 | (Section scheduled to be repealed on December 31, 2010)
| ||||||
8 | Sec. 19. Licensure by endorsement without examination . The | ||||||
9 | Department may, in its
discretion,
issue a license by | ||||||
10 | endorsement without examination to any person who is currently | ||||||
11 | licensed
to practice medicine in all of its branches,
or to | ||||||
12 | practice the treatment of human ailments without the
use of | ||||||
13 | drugs or operative surgery, in any other state,
territory, | ||||||
14 | country or province, upon the following
conditions:
| ||||||
15 | (A) (Blank);
| ||||||
16 | (B) That the applicant is of good moral character. In
| ||||||
17 | determining moral character under this Section, the
| ||||||
18 | Department may take into consideration whether the | ||||||
19 | applicant
has engaged in conduct or activities which would | ||||||
20 | constitute
grounds for discipline under this Act. The | ||||||
21 | Department may
also request the applicant to submit, and | ||||||
22 | may consider as
evidence of moral character, endorsements | ||||||
23 | from 2 or 3
individuals licensed under this Act;
| ||||||
24 | (C) That the applicant is physically, mentally and
| ||||||
25 | professionally capable of practicing medicine with
|
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| |||||||
1 | reasonable judgment, skill and safety. In determining
| ||||||
2 | physical, mental and professional capacity under this
| ||||||
3 | Section the Medical Licensing Board may, upon a showing of
| ||||||
4 | a possible incapacity, compel an applicant to submit to a
| ||||||
5 | mental or physical examination, or both, and may condition
| ||||||
6 | or restrict any license, subject to the same terms and
| ||||||
7 | conditions as are provided for the Medical Disciplinary
| ||||||
8 | Board under Section 22 of this Act.
The Medical Licensing | ||||||
9 | Board or the Department may order the examining
physician
| ||||||
10 | to present testimony concerning this mental or physical | ||||||
11 | examination of the
applicant. No information shall be | ||||||
12 | excluded by reason of any common law or
statutory privilege | ||||||
13 | relating to communications between the applicant and the
| ||||||
14 | examining physician.
Any condition of
restricted license | ||||||
15 | shall provide that the Chief Medical
Coordinator or Deputy | ||||||
16 | Medical Coordinator shall have the
authority to review the | ||||||
17 | subject physician's compliance with
such conditions or | ||||||
18 | restrictions, including, where
appropriate, the | ||||||
19 | physician's record of treatment and
counseling regarding | ||||||
20 | the impairment, to the extent permitted
by applicable | ||||||
21 | federal statutes and regulations safeguarding
the | ||||||
22 | confidentiality of medical records of patients.
| ||||||
23 | (D) That if the applicant seeks to practice medicine
in | ||||||
24 | all of its branches:
| ||||||
25 | (1) if the applicant was licensed in another | ||||||
26 | jurisdiction prior to
January
1,
1988, that the |
| |||||||
| |||||||
1 | applicant has satisfied the educational
requirements | ||||||
2 | of paragraph (1) of subsection (A) or paragraph (2) of
| ||||||
3 | subsection (A) of Section 11 of
this Act; or
| ||||||
4 | (2) if the applicant was licensed in another | ||||||
5 | jurisdiction after December
31,
1987, that the | ||||||
6 | applicant has
satisfied the educational requirements | ||||||
7 | of paragraph (A)(2)
of Section 11 of this Act; and
| ||||||
8 | (3) the requirements for a license to practice
| ||||||
9 | medicine in all of its branches in the particular | ||||||
10 | state,
territory, country or province in which the | ||||||
11 | applicant is
licensed are deemed by the Department to | ||||||
12 | have been
substantially equivalent to the requirements | ||||||
13 | for a license
to practice medicine in all of its | ||||||
14 | branches in force in this
State at the date of the | ||||||
15 | applicant's license;
| ||||||
16 | (E) That if the applicant seeks to treat human
ailments | ||||||
17 | without the use of drugs and without operative
surgery:
| ||||||
18 | (1) the applicant is a graduate of a chiropractic
| ||||||
19 | school or college approved by the Department at the | ||||||
20 | time of
their graduation;
| ||||||
21 | (2) the requirements for the applicant's license | ||||||
22 | to
practice the treatment of human ailments without the | ||||||
23 | use of
drugs are deemed by the Department to have been
| ||||||
24 | substantially equivalent to the requirements for a | ||||||
25 | license
to practice in this State at the date of the | ||||||
26 | applicant's
license;
|
| |||||||
| |||||||
1 | (F) That the Department may, in its discretion, issue a
| ||||||
2 | license by endorsement , without examination, to any | ||||||
3 | graduate of a
medical or osteopathic college, reputable and
| ||||||
4 | in good standing in the
judgment of the Department, who has | ||||||
5 | passed an examination
for admission to the United States | ||||||
6 | Public Health Service, or
who has passed any other | ||||||
7 | examination deemed by the
Department to have been at least | ||||||
8 | equal in all substantial
respects to the examination | ||||||
9 | required for admission to any
such medical corps;
| ||||||
10 | (G) That applications for licenses by endorsement | ||||||
11 | without examination
shall be filed with the Department, | ||||||
12 | under oath, on forms
prepared and furnished by the | ||||||
13 | Department, and shall set
forth, and applicants therefor | ||||||
14 | shall supply such information
respecting the life, | ||||||
15 | education, professional practice, and
moral character of | ||||||
16 | applicants as the Department may require
to be filed for | ||||||
17 | its use;
| ||||||
18 | (H) That the applicant undergo
the criminal background | ||||||
19 | check established under Section 9.7 of this Act.
| ||||||
20 | In the exercise of its discretion under this Section,
the | ||||||
21 | Department is empowered to consider and evaluate each
applicant | ||||||
22 | on an individual basis. It may take into account,
among other | ||||||
23 | things, the extent to which there is or is not
available to the | ||||||
24 | Department, authentic and definitive
information concerning | ||||||
25 | the quality of medical education and
clinical training which | ||||||
26 | the applicant has had. Under no
circumstances shall a license |
| |||||||
| |||||||
1 | be issued under the provisions
of this Section to any person | ||||||
2 | who has previously taken and
failed the written examination | ||||||
3 | conducted by the Department
for such license. In the exercise | ||||||
4 | of its discretion under this Section, the Department may, upon | ||||||
5 | the recommendation of the Medical Licensing Board, require an | ||||||
6 | applicant to successfully complete an examination as | ||||||
7 | recommended by the Medical Licensing Board. In determining | ||||||
8 | moral character, the
Department may take into consideration | ||||||
9 | whether the applicant
has engaged in conduct or activities | ||||||
10 | which would constitute
grounds for discipline under this Act. | ||||||
11 | The Department may
also request the applicant to submit, and | ||||||
12 | may consider as
evidence of moral character, evidence from 2 or | ||||||
13 | 3
individuals licensed under this Act.
Applicants have 3 years | ||||||
14 | from the date of application to complete the
application | ||||||
15 | process. If the process has not been completed within 3 years, | ||||||
16 | the
application shall be denied, the fees shall be forfeited, | ||||||
17 | and the applicant
must reapply and meet the requirements in | ||||||
18 | effect at the time of
reapplication.
| ||||||
19 | (Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99 .)
| ||||||
20 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
21 | (Section scheduled to be repealed on December 31, 2010)
| ||||||
22 | Sec. 23. Reports relating to professional conduct
and | ||||||
23 | capacity. | ||||||
24 | (A) Entities required to report.
| ||||||
25 | (1) Health care institutions. The chief administrator
|
| |||||||
| |||||||
1 | or executive officer of any health care institution | ||||||
2 | licensed
by the Illinois Department of Public Health shall | ||||||
3 | report to
the Disciplinary Board when any person's clinical | ||||||
4 | privileges
are terminated or are restricted based on a | ||||||
5 | final
determination made , in accordance with that | ||||||
6 | institution's by-laws
or rules and regulations , that a | ||||||
7 | person has either committed
an act or acts which may | ||||||
8 | directly threaten patient care, and not of an
| ||||||
9 | administrative nature, or that a person may be mentally or
| ||||||
10 | physically disabled in such a manner as to endanger | ||||||
11 | patients
under that person's care. Such officer also shall | ||||||
12 | report if
a person accepts voluntary termination or | ||||||
13 | restriction of
clinical privileges in lieu of formal action | ||||||
14 | based upon conduct related
directly to patient care and
not | ||||||
15 | of an administrative nature, or in lieu of formal action
| ||||||
16 | seeking to determine whether a person may be mentally or
| ||||||
17 | physically disabled in such a manner as to endanger | ||||||
18 | patients
under that person's care. The Medical | ||||||
19 | Disciplinary Board
shall, by rule, provide for the | ||||||
20 | reporting to it of all
instances in which a person, | ||||||
21 | licensed under this Act, who is
impaired by reason of age, | ||||||
22 | drug or alcohol abuse or physical
or mental impairment, is | ||||||
23 | under supervision and, where
appropriate, is in a program | ||||||
24 | of rehabilitation. Such
reports shall be strictly | ||||||
25 | confidential and may be reviewed
and considered only by the | ||||||
26 | members of the Disciplinary
Board, or by authorized staff |
| |||||||
| |||||||
1 | as provided by rules of the
Disciplinary Board. Provisions | ||||||
2 | shall be made for the
periodic report of the status of any | ||||||
3 | such person not less
than twice annually in order that the | ||||||
4 | Disciplinary Board
shall have current information upon | ||||||
5 | which to determine the
status of any such person. Such | ||||||
6 | initial and periodic
reports of impaired physicians shall | ||||||
7 | not be considered
records within the meaning of The State | ||||||
8 | Records Act and
shall be disposed of, following a | ||||||
9 | determination by the
Disciplinary Board that such reports | ||||||
10 | are no longer required,
in a manner and at such time as the | ||||||
11 | Disciplinary Board shall
determine by rule. The filing of | ||||||
12 | such reports shall be
construed as the filing of a report | ||||||
13 | for purposes of
subsection (C) of this Section.
| ||||||
14 | (2) Professional associations. The President or chief
| ||||||
15 | executive officer of any association or society, of persons
| ||||||
16 | licensed under this Act, operating within this State shall
| ||||||
17 | report to the Disciplinary Board when the association or
| ||||||
18 | society renders a final determination that a person has
| ||||||
19 | committed unprofessional conduct related directly to | ||||||
20 | patient
care or that a person may be mentally or physically | ||||||
21 | disabled
in such a manner as to endanger patients under | ||||||
22 | that person's
care.
| ||||||
23 | (3) Professional liability insurers. Every insurance
| ||||||
24 | company which offers policies of professional liability
| ||||||
25 | insurance to persons licensed under this Act, or any other
| ||||||
26 | entity which seeks to indemnify the professional liability
|
| |||||||
| |||||||
1 | of a person licensed under this Act, shall report to the
| ||||||
2 | Disciplinary Board the settlement of any claim or cause of
| ||||||
3 | action, or final judgment rendered in any cause of action,
| ||||||
4 | which alleged negligence in the furnishing of medical care
| ||||||
5 | by such licensed person when such settlement or final
| ||||||
6 | judgment is in favor of the plaintiff.
| ||||||
7 | (4) State's Attorneys. The State's Attorney of each
| ||||||
8 | county shall report to the Disciplinary Board , within 5 | ||||||
9 | days, any all instance s
in which a person licensed under | ||||||
10 | this Act is convicted or
otherwise found guilty of the | ||||||
11 | commission of any felony or a class A misdemeanor for an | ||||||
12 | act or conduct similar to an act or conduct that would | ||||||
13 | constitute grounds for disciplinary action under Section | ||||||
14 | 22 of this Act . The State's Attorney
of each county may | ||||||
15 | report to the Disciplinary Board through a verified
| ||||||
16 | complaint any instance in which the State's Attorney | ||||||
17 | believes that a physician
has willfully violated the notice | ||||||
18 | requirements of the Parental Notice of
Abortion Act of | ||||||
19 | 1995.
| ||||||
20 | (5) State agencies. All agencies, boards,
commissions, | ||||||
21 | departments, or other instrumentalities of the
government | ||||||
22 | of the State of Illinois shall report to the
Disciplinary | ||||||
23 | Board any instance arising in connection with
the | ||||||
24 | operations of such agency, including the administration
of | ||||||
25 | any law by such agency, in which a person licensed under
| ||||||
26 | this Act has either committed an act or acts which may be a
|
| |||||||
| |||||||
1 | violation of this Act or which may constitute | ||||||
2 | unprofessional
conduct related directly to patient care or | ||||||
3 | which indicates
that a person licensed under this Act may | ||||||
4 | be mentally or
physically disabled in such a manner as to | ||||||
5 | endanger patients
under that person's care.
| ||||||
6 | (B) Mandatory reporting. All reports required by items | ||||||
7 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
8 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
9 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
10 | days after a determination that a report is required under
this | ||||||
11 | Act. All reports shall contain the following
information:
| ||||||
12 | (1) The name, address and telephone number of the
| ||||||
13 | person making the report.
| ||||||
14 | (2) The name, address and telephone number of the
| ||||||
15 | person who is the subject of the report.
| ||||||
16 | (3) The name and date of birth of any
patient or | ||||||
17 | patients whose treatment is a subject of the
report, if | ||||||
18 | available, or other means of identification if such | ||||||
19 | information is not available, identification of the | ||||||
20 | hospital or other
healthcare facility where the care at | ||||||
21 | issue in the report was rendered,
provided, however, no | ||||||
22 | medical records may be
revealed.
| ||||||
23 | (4) A brief description of the facts which gave rise
to | ||||||
24 | the issuance of the report, including the dates of any
| ||||||
25 | occurrences deemed to necessitate the filing of the report.
| ||||||
26 | (5) If court action is involved, the identity of the
|
| |||||||
| |||||||
1 | court in which the action is filed, along with the docket
| ||||||
2 | number and date of filing of the action.
| ||||||
3 | (6) Any further pertinent information which the
| ||||||
4 | reporting party deems to be an aid in the evaluation of the
| ||||||
5 | report.
| ||||||
6 | The Disciplinary Board or Department may also exercise the | ||||||
7 | power under Section
38 of this Act to subpoena copies of | ||||||
8 | hospital or medical records in mandatory
report cases alleging | ||||||
9 | death or permanent bodily injury. Appropriate
rules shall be | ||||||
10 | adopted by the Department with the approval of the Disciplinary
| ||||||
11 | Board.
| ||||||
12 | When the Department has received written reports | ||||||
13 | concerning incidents
required to be reported in items (34), | ||||||
14 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
15 | failure to report the incident to the Department
under those | ||||||
16 | items shall not be the sole grounds for disciplinary action.
| ||||||
17 | Nothing contained in this Section shall act to in any
way, | ||||||
18 | waive or modify the confidentiality of medical reports
and | ||||||
19 | committee reports to the extent provided by law. Any
| ||||||
20 | information reported or disclosed shall be kept for the
| ||||||
21 | confidential use of the Disciplinary Board, the Medical
| ||||||
22 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
23 | investigative staff, and authorized clerical staff,
as | ||||||
24 | provided in this Act, and shall be afforded the same
status as | ||||||
25 | is provided information concerning medical studies
in Part 21 | ||||||
26 | of Article VIII of the Code of Civil Procedure, except that the |
| |||||||
| |||||||
1 | Department may disclose information and documents to a federal, | ||||||
2 | State, or local law enforcement agency pursuant to a subpoena | ||||||
3 | in an ongoing criminal investigation or to a medical licensing | ||||||
4 | authority of another state or jurisdiction pursuant to an | ||||||
5 | official request made by that authority . Furthermore, | ||||||
6 | information and documents disclosed to a federal, State, or | ||||||
7 | local law enforcement agency may be used by that agency only | ||||||
8 | for the investigation and prosecution of a criminal offense or, | ||||||
9 | in the case of disclosure to another medical licensing | ||||||
10 | authority, only for investigations and disciplinary action | ||||||
11 | proceedings with regard to a license .
| ||||||
12 | (C) Immunity from prosecution. Any individual or
| ||||||
13 | organization acting in good faith, and not in a wilful and
| ||||||
14 | wanton manner, in complying with this Act by providing any
| ||||||
15 | report or other information to the Disciplinary Board or a peer | ||||||
16 | review committee, or
assisting in the investigation or | ||||||
17 | preparation of such
information, or by voluntarily reporting to | ||||||
18 | the Disciplinary Board
or a peer review committee information | ||||||
19 | regarding alleged errors or negligence by a person licensed | ||||||
20 | under this Act, or by participating in proceedings of the
| ||||||
21 | Disciplinary Board or a peer review committee, or by serving as | ||||||
22 | a member of the
Disciplinary Board or a peer review committee, | ||||||
23 | shall not, as a result of such actions,
be subject to criminal | ||||||
24 | prosecution or civil damages.
| ||||||
25 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
26 | the Medical Coordinators, the Disciplinary Board's
attorneys, |
| |||||||
| |||||||
1 | the medical investigative staff, physicians
retained under | ||||||
2 | contract to assist and advise the medical
coordinators in the | ||||||
3 | investigation, and authorized clerical
staff shall be | ||||||
4 | indemnified by the State for any actions
occurring within the | ||||||
5 | scope of services on the Disciplinary
Board, done in good faith | ||||||
6 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
7 | defend all such actions
unless he or she determines either that | ||||||
8 | there would be a
conflict of interest in such representation or | ||||||
9 | that the
actions complained of were not in good faith or were | ||||||
10 | wilful
and wanton.
| ||||||
11 | Should the Attorney General decline representation, the
| ||||||
12 | member shall have the right to employ counsel of his or her
| ||||||
13 | choice, whose fees shall be provided by the State, after
| ||||||
14 | approval by the Attorney General, unless there is a
| ||||||
15 | determination by a court that the member's actions were not
in | ||||||
16 | good faith or were wilful and wanton.
| ||||||
17 | The member must notify the Attorney General within 7
days | ||||||
18 | of receipt of notice of the initiation of any action
involving | ||||||
19 | services of the Disciplinary Board. Failure to so
notify the | ||||||
20 | Attorney General shall constitute an absolute
waiver of the | ||||||
21 | right to a defense and indemnification.
| ||||||
22 | The Attorney General shall determine within 7 days
after | ||||||
23 | receiving such notice, whether he or she will
undertake to | ||||||
24 | represent the member.
| ||||||
25 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
26 | of any report called for by this Act, other than
those reports |
| |||||||
| |||||||
1 | of impaired persons licensed under this Act
required pursuant | ||||||
2 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
3 | shall notify in writing, by certified
mail, the person who is | ||||||
4 | the subject of the report. Such
notification shall be made | ||||||
5 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
6 | report.
| ||||||
7 | The notification shall include a written notice setting
| ||||||
8 | forth the person's right to examine the report. Included in
| ||||||
9 | such notification shall be the address at which the file is
| ||||||
10 | maintained, the name of the custodian of the reports, and
the | ||||||
11 | telephone number at which the custodian may be reached.
The | ||||||
12 | person who is the subject of the report shall submit a written | ||||||
13 | statement responding,
clarifying, adding to, or proposing the | ||||||
14 | amending of the
report previously filed. The person who is the | ||||||
15 | subject of the report shall also submit with the written | ||||||
16 | statement any medical records related to the report. The | ||||||
17 | statement and accompanying medical records shall become a
| ||||||
18 | permanent part of the file and must be received by the
| ||||||
19 | Disciplinary Board no more than
30 days after the date on
which | ||||||
20 | the person was notified by the Disciplinary Board of the | ||||||
21 | existence of
the
original report.
| ||||||
22 | The Disciplinary Board shall review all reports
received by | ||||||
23 | it, together with any supporting information and
responding | ||||||
24 | statements submitted by persons who are the
subject of reports. | ||||||
25 | The review by the Disciplinary Board
shall be in a timely | ||||||
26 | manner but in no event, shall the
Disciplinary Board's initial |
| |||||||
| |||||||
1 | review of the material
contained in each disciplinary file be | ||||||
2 | less than 61 days nor
more than 180 days after the receipt of | ||||||
3 | the initial report
by the Disciplinary Board.
| ||||||
4 | When the Disciplinary Board makes its initial review of
the | ||||||
5 | materials contained within its disciplinary files, the
| ||||||
6 | Disciplinary Board shall, in writing, make a determination
as | ||||||
7 | to whether there are sufficient facts to warrant further
| ||||||
8 | investigation or action. Failure to make such determination
| ||||||
9 | within the time provided shall be deemed to be a
determination | ||||||
10 | that there are not sufficient facts to warrant
further | ||||||
11 | investigation or action.
| ||||||
12 | Should the Disciplinary Board find that there are not
| ||||||
13 | sufficient facts to warrant further investigation, or
action, | ||||||
14 | the report shall be accepted for filing and the
matter shall be | ||||||
15 | deemed closed and so reported to the Secretary. The Secretary
| ||||||
16 | shall then have 30 days to accept the Medical Disciplinary | ||||||
17 | Board's decision or
request further investigation. The | ||||||
18 | Secretary shall inform the Board in writing
of the decision to | ||||||
19 | request further investigation, including the specific
reasons | ||||||
20 | for the decision. The
individual or entity filing the original | ||||||
21 | report or complaint
and the person who is the subject of the | ||||||
22 | report or complaint
shall be notified in writing by the | ||||||
23 | Secretary of
any final action on their report or complaint.
| ||||||
24 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
25 | on a timely basis, but in no event less than once
every other | ||||||
26 | month, a summary report of final actions taken
upon |
| |||||||
| |||||||
1 | disciplinary files maintained by the Disciplinary Board.
The | ||||||
2 | summary reports shall be made available to the public upon | ||||||
3 | request and payment of the fees set by the Department. This | ||||||
4 | publication may be made available to the public on the | ||||||
5 | Department's Internet website.
| ||||||
6 | (G) Any violation of this Section shall be a Class A
| ||||||
7 | misdemeanor.
| ||||||
8 | (H) If any such person violates the provisions of this
| ||||||
9 | Section an action may be brought in the name of the People
of | ||||||
10 | the State of Illinois, through the Attorney General of
the | ||||||
11 | State of Illinois, for an order enjoining such violation
or for | ||||||
12 | an order enforcing compliance with this Section.
Upon filing of | ||||||
13 | a verified petition in such court, the court
may issue a | ||||||
14 | temporary restraining order without notice or
bond and may | ||||||
15 | preliminarily or permanently enjoin such
violation, and if it | ||||||
16 | is established that such person has
violated or is violating | ||||||
17 | the injunction, the court may
punish the offender for contempt | ||||||
18 | of court. Proceedings
under this paragraph shall be in addition | ||||||
19 | to, and not in
lieu of, all other remedies and penalties | ||||||
20 | provided for by
this Section.
| ||||||
21 | (Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07 .)
| ||||||
22 | (225 ILCS 60/26) (from Ch. 111, par. 4400-26)
| ||||||
23 | (Section scheduled to be repealed on December 31, 2010)
| ||||||
24 | Sec. 26. Advertising.
| ||||||
25 | (1) Any person licensed under this Act may
advertise the |
| |||||||
| |||||||
1 | availability of professional services in the
public media or on | ||||||
2 | the premises where such professional
services are rendered. | ||||||
3 | Such advertising shall be limited to
the following information:
| ||||||
4 | (a) Publication of the person's name, title, office
| ||||||
5 | hours, address and telephone number;
| ||||||
6 | (b) Information pertaining to the person's areas of
| ||||||
7 | specialization, including appropriate board certification | ||||||
8 | or
limitation of professional practice;
| ||||||
9 | (c) Information on usual and customary fees for
routine | ||||||
10 | professional services offered, which information
shall | ||||||
11 | include, notification that fees may be adjusted due to
| ||||||
12 | complications or unforeseen circumstances;
| ||||||
13 | (d) Announcement of the opening of, change of, absence
| ||||||
14 | from, or return to business;
| ||||||
15 | (e) Announcement of additions to or deletions from
| ||||||
16 | professional licensed staff;
| ||||||
17 | (f) The issuance of business or appointment cards.
| ||||||
18 | (2) It is unlawful for any person licensed under this Act
| ||||||
19 | to use testimonials or claims of superior quality of care to
| ||||||
20 | entice the public. It shall be unlawful to advertise fee
| ||||||
21 | comparisons of available services with those of other
persons | ||||||
22 | licensed under this Act.
| ||||||
23 | (3) This Act does not authorize the advertising of
| ||||||
24 | professional services which the offeror of such services is
not | ||||||
25 | licensed to render. Nor shall the advertiser use
statements | ||||||
26 | which contain false, fraudulent, deceptive or
misleading |
| |||||||
| |||||||
1 | material or guarantees of success, statements
which play upon | ||||||
2 | the vanity or fears of the public, or
statements which promote | ||||||
3 | or produce unfair competition.
| ||||||
4 | (4) A licensee shall include in every advertisement for | ||||||
5 | services regulated
under
this Act his or her title as it | ||||||
6 | appears on the license or the initials
authorized under this | ||||||
7 | Act.
| ||||||
8 | (Source: P.A. 91-310, eff. 1-1-00 .)
| ||||||
9 | (225 ILCS 60/32 rep.)
| ||||||
10 | Section 10. The Medical Practice Act of 1987 is amended by | ||||||
11 | repealing Section 32.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|