Bill Text: IL HB1801 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1801 Detail]
Download: Illinois-2021-HB1801-Introduced.html
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1 | AN ACT concerning 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 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.
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22 | Section 5. The Geriatric Medicine Assistance Act is | ||||||||||||||||||||||||
23 | amended by changing Section 2 as follows:
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1 | (20 ILCS 3945/2) (from Ch. 144, par. 2002)
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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
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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 | ||||||
20 | grants under this Act. The Commission shall establish such | ||||||
21 | rules and
standards as it deems necessary for the | ||||||
22 | implementation of this Act.
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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
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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 | ||||||
7 | selected by the Governor from a list
of recommendations | ||||||
8 | submitted to him by organizations concerned with geriatric
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9 | medicine or the care of the elderly.
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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.
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16 | (Source: P.A. 95-639, eff. 10-5-07.)
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17 | Section 10. The School Code is amended by changing | ||||||
18 | Sections 24-6 and 26-1 as follows:
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19 | (105 ILCS 5/24-6)
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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 | ||||||
2 | the "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
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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 | ||||||
10 | amount shall be allowed to accumulate to a minimum
available | ||||||
11 | leave of 180 days at full pay, including the leave of the | ||||||
12 | current
year. Sick leave shall be interpreted to mean personal | ||||||
13 | illness, quarantine
at home, serious illness or death in the | ||||||
14 | immediate family or household, or
birth, adoption, or | ||||||
15 | placement for adoption.
The school board may require a | ||||||
16 | certificate from a physician licensed in Illinois to practice | ||||||
17 | medicine and surgery in all its branches, a chiropractic | ||||||
18 | physician or naturopathic physician licensed under the Medical | ||||||
19 | Practice Act of 1987, a licensed advanced practice registered | ||||||
20 | nurse, a licensed physician assistant, or, if the treatment
is | ||||||
21 | by prayer or spiritual means, a spiritual adviser or
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22 | practitioner of the teacher's or employee's faith as a basis | ||||||
23 | for pay during leave after
an absence of 3 days for personal | ||||||
24 | illness or 30 days for birth or as the school board may deem | ||||||
25 | necessary in
other cases. If the school board does require a
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26 | certificate
as a basis for pay during leave of
less than 3 days |
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1 | for personal illness, the school board shall pay, from school | ||||||
2 | funds, the
expenses incurred by the teachers or other | ||||||
3 | employees in obtaining the certificate. For paid leave for | ||||||
4 | adoption or placement for adoption, the school board may | ||||||
5 | require that the teacher or other employee provide evidence | ||||||
6 | that the formal adoption process is underway, and such leave | ||||||
7 | is limited to 30 days unless a longer leave has been negotiated | ||||||
8 | with the exclusive bargaining representative.
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9 | If, by reason of any change in the boundaries of school | ||||||
10 | districts, or by
reason of the creation of a new school | ||||||
11 | district, the employment of a
teacher is transferred to a new | ||||||
12 | or different board, the accumulated sick
leave of such teacher | ||||||
13 | is not thereby lost, but is transferred to such new
or | ||||||
14 | different district.
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15 | For purposes of this Section, "immediate family" shall | ||||||
16 | include parents,
spouse, brothers, sisters, children, | ||||||
17 | grandparents, grandchildren,
parents-in-law, brothers-in-law, | ||||||
18 | sisters-in-law, and legal guardians.
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19 | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
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20 | (105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
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21 | Sec. 26-1. Compulsory school age; exemptions. Whoever has | ||||||
22 | custody or control of any child (i) between the ages of 7 and | ||||||
23 | 17
years (unless the child has already graduated from high | ||||||
24 | school) for school years before the 2014-2015 school year or | ||||||
25 | (ii) between the ages
of 6 (on or before September 1) and 17 |
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1 | years (unless the child has already graduated from high | ||||||
2 | school) beginning with the 2014-2015 school year
shall cause | ||||||
3 | such child to attend some public school in the district
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4 | wherein the child resides the entire time it is in session | ||||||
5 | during the
regular school term, except as provided in Section | ||||||
6 | 10-19.1, and during a
required summer school program | ||||||
7 | established under Section 10-22.33B; provided,
that
the | ||||||
8 | following children shall not be required to attend the public | ||||||
9 | schools:
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10 | 1. Any child attending a private or a parochial school | ||||||
11 | where children
are taught the branches of education taught | ||||||
12 | to children of corresponding
age and grade in the public | ||||||
13 | schools, and where the instruction of the child
in the | ||||||
14 | branches of education is in the English language;
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15 | 2. Any child who is physically or mentally unable to | ||||||
16 | attend school, such
disability being certified to the | ||||||
17 | county or district truant officer by a
competent physician | ||||||
18 | licensed in Illinois to practice medicine and surgery in | ||||||
19 | all its branches, a chiropractic physician or naturopathic | ||||||
20 | physician licensed under the Medical Practice Act of 1987, | ||||||
21 | a licensed advanced practice registered nurse, a licensed | ||||||
22 | physician assistant, or a Christian Science practitioner | ||||||
23 | residing in this
State and listed in the Christian Science | ||||||
24 | Journal; or who is excused for
temporary absence for cause | ||||||
25 | by
the principal or teacher of the school which the child | ||||||
26 | attends; the exemptions
in this paragraph (2) do not apply |
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1 | to any female who is pregnant or the
mother of one or more | ||||||
2 | children, except where a female is unable to attend
school | ||||||
3 | due to a complication arising from her pregnancy and the | ||||||
4 | existence
of such complication is certified to the county | ||||||
5 | or district truant officer
by a competent physician;
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6 | 3. Any child necessarily and lawfully employed | ||||||
7 | according to the
provisions of the law regulating child | ||||||
8 | labor may be excused from attendance
at school by the | ||||||
9 | county superintendent of schools or the superintendent of
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10 | the public school which the child should be attending, on | ||||||
11 | certification of
the facts by and the recommendation of | ||||||
12 | the school board of the public
school district in which | ||||||
13 | the child resides. In districts having part-time
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14 | continuation schools, children so excused shall attend | ||||||
15 | such schools at
least 8 hours each week;
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16 | 4. Any child over 12 and under 14 years of age while in | ||||||
17 | attendance at
confirmation classes;
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18 | 5. Any child absent from a public school on a | ||||||
19 | particular day or days
or at a particular time of day for | ||||||
20 | the reason that he is unable to attend
classes or to | ||||||
21 | participate in any examination, study or work requirements | ||||||
22 | on
a particular day or days or at a particular time of day, | ||||||
23 | because the tenets
of his religion forbid secular activity | ||||||
24 | on a particular day or days or at a
particular time of day. | ||||||
25 | Each school board shall prescribe rules and
regulations | ||||||
26 | relative to absences for religious holidays including, but |
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1 | not
limited to, a list of religious holidays on which it | ||||||
2 | shall be mandatory to
excuse a child; but nothing in this | ||||||
3 | paragraph 5 shall be construed to limit
the right of any | ||||||
4 | school board, at its discretion, to excuse an absence on
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5 | any other day by reason of the observance of a religious | ||||||
6 | holiday. A school
board may require the parent or guardian | ||||||
7 | of a child who is to be excused
from attending school due | ||||||
8 | to the observance of a religious holiday to give
notice, | ||||||
9 | not exceeding 5 days, of the child's absence to the school
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10 | principal or other school personnel. Any child excused | ||||||
11 | from attending
school under this paragraph 5 shall not be | ||||||
12 | required to submit a written
excuse for such absence after | ||||||
13 | returning to school; | ||||||
14 | 6. Any child 16 years of age or older who (i) submits | ||||||
15 | to a school district evidence of necessary and lawful | ||||||
16 | employment pursuant to paragraph 3 of this Section and | ||||||
17 | (ii) is enrolled in a graduation incentives program | ||||||
18 | pursuant to Section 26-16 of this Code or an alternative | ||||||
19 | learning opportunities program established pursuant to | ||||||
20 | Article 13B of this Code;
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21 | 7. A child in any of grades 6 through 12 absent from a | ||||||
22 | public school on a particular day or days or at a | ||||||
23 | particular time of day for the purpose of sounding "Taps" | ||||||
24 | at a military honors funeral held in this State for a | ||||||
25 | deceased veteran. In order to be excused under this | ||||||
26 | paragraph 7, the student shall notify the school's |
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1 | administration at least 2 days prior to the date of the | ||||||
2 | absence and shall provide the school's administration with | ||||||
3 | the date, time, and location of the military
honors | ||||||
4 | funeral. The school's administration may waive this 2-day | ||||||
5 | notification requirement if the student did not receive at | ||||||
6 | least 2 days advance notice, but the student shall notify | ||||||
7 | the school's administration as soon as possible of the | ||||||
8 | absence. A student whose absence is excused under this | ||||||
9 | paragraph 7 shall be counted as if the student attended | ||||||
10 | school for purposes of calculating the average daily | ||||||
11 | attendance of students in the school district. A student | ||||||
12 | whose absence is excused under this paragraph 7 must be | ||||||
13 | allowed a reasonable time to make up school work missed | ||||||
14 | during the absence. If the student satisfactorily | ||||||
15 | completes the school work, the day of absence shall be | ||||||
16 | counted as a day of compulsory attendance and he or she may | ||||||
17 | not be penalized for that absence; and | ||||||
18 | 8. Any child absent from a public school on a | ||||||
19 | particular day or days or at a particular time of day for | ||||||
20 | the reason that his or her parent or legal guardian is an | ||||||
21 | active duty member of the uniformed services and has been | ||||||
22 | called to duty for, is on leave from, or has immediately | ||||||
23 | returned from deployment to a combat zone or | ||||||
24 | combat-support postings. Such a student shall be granted 5 | ||||||
25 | days of excused absences in any school year and, at the | ||||||
26 | discretion of the school board, additional excused |
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1 | absences to visit the student's parent or legal guardian | ||||||
2 | relative to such leave or deployment of the parent or | ||||||
3 | legal guardian. In the case of excused absences pursuant | ||||||
4 | to this paragraph 8, the student and parent or legal | ||||||
5 | guardian shall be responsible for obtaining assignments | ||||||
6 | from the student's teacher prior to any period of excused | ||||||
7 | absence and for ensuring that such assignments are | ||||||
8 | completed by the student prior to his or her return to | ||||||
9 | school from such period of excused absence. | ||||||
10 | (Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17; | ||||||
11 | 100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff. | ||||||
12 | 8-14-18.)
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13 | Section 15. The Illinois Insurance Code is amended by | ||||||
14 | changing Section 122-1 as follows:
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15 | (215 ILCS 5/122-1) (from Ch. 73, par. 734-1)
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16 | Sec. 122-1. The authority and jurisdiction of Insurance | ||||||
17 | Department.
Notwithstanding any other provision of law, and | ||||||
18 | except as provided herein,
any person or other entity which | ||||||
19 | provides coverage in this State for medical,
surgical, | ||||||
20 | chiropractic, naturopathic, naprapathic, physical therapy, | ||||||
21 | speech pathology,
audiology, professional mental health, | ||||||
22 | dental, hospital, ophthalmologic, or
optometric expenses, | ||||||
23 | whether such coverage is by direct-payment, reimbursement,
or | ||||||
24 | otherwise, shall be presumed to be subject to the jurisdiction |
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1 | of the
Department unless the person or other entity shows that | ||||||
2 | while providing such
coverage it is subject to the | ||||||
3 | jurisdiction of another agency of this State,
any subdivision | ||||||
4 | of this State, or the federal government, or is a plan of
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5 | self-insurance or other employee welfare benefit program of an | ||||||
6 | individual
employer or labor union established or maintained | ||||||
7 | under or pursuant to a
collective bargaining agreement or | ||||||
8 | other arrangement which provides for
health care services | ||||||
9 | solely for its employees or members and their dependents.
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10 | (Source: P.A. 90-7, eff. 6-10-97.)
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11 | Section 20. The Medical Practice Act of 1987 is amended by | ||||||
12 | changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, | ||||||
13 | 22, 24, 33, and 34 as follows:
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14 | (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
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15 | (Section scheduled to be repealed on January 1, 2022)
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16 | Sec. 2. Definitions. For purposes of this Act, the
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17 | following definitions shall have the following meanings,
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18 | except where the context requires otherwise:
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19 | "Act" means the Medical Practice Act of 1987.
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20 | "Address of record" means the designated address recorded | ||||||
21 | by the Department in the applicant's or licensee's application | ||||||
22 | file or license file as maintained by the Department's | ||||||
23 | licensure maintenance unit. | ||||||
24 | "Approved naturopathic medical program" means a |
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1 | naturopathic medical education program accredited or granted | ||||||
2 | candidacy status by the United States Council on Naturopathic | ||||||
3 | Medical Education, or an equivalent federally recognized | ||||||
4 | accrediting body for the naturopathic medical profession | ||||||
5 | recognized by the Board, that offers graduate-level, | ||||||
6 | full-time, didactic, and supervised clinical training of at | ||||||
7 | least 4,200 hours in length leading to the degree of Doctor of | ||||||
8 | Naturopathy or Doctor of Naturopathic Medicine and is part of | ||||||
9 | an institution of higher education that is either accredited | ||||||
10 | or is a candidate for accreditation by a regional | ||||||
11 | institutional accrediting agency recognized by the United | ||||||
12 | States Secretary of Education or eligible for student loans in | ||||||
13 | Canada. | ||||||
14 | "Chiropractic physician" means a person licensed to treat | ||||||
15 | human ailments without the use of drugs and without operative | ||||||
16 | surgery. Nothing in this Act shall be construed to prohibit a | ||||||
17 | chiropractic physician from providing advice regarding the use | ||||||
18 | of non-prescription products or from administering atmospheric | ||||||
19 | oxygen. Nothing in this Act shall be construed to authorize a | ||||||
20 | chiropractic physician to prescribe drugs. | ||||||
21 | "Department" means the Department of Financial and | ||||||
22 | Professional Regulation.
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23 | "Disciplinary action" means revocation,
suspension, | ||||||
24 | probation, supervision, practice modification,
reprimand, | ||||||
25 | required education, fines or any other action
taken by the | ||||||
26 | Department against a person holding a license.
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1 | "Disciplinary Board" means the Medical Disciplinary
Board.
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2 | "Email address of record" means the designated email | ||||||
3 | address recorded by the Department in the applicant's | ||||||
4 | application file or the licensee's license file, as maintained | ||||||
5 | by the Department's licensure maintenance unit. | ||||||
6 | "Final determination" means the governing body's
final | ||||||
7 | action taken under the procedure followed by a health
care | ||||||
8 | institution, or professional association or society,
against | ||||||
9 | any person licensed under the Act in accordance with
the | ||||||
10 | bylaws or rules and regulations of such health care
| ||||||
11 | institution, or professional association or society.
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12 | "Fund" means the Illinois State Medical Disciplinary Fund.
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13 | "Impaired" means the inability to practice
medicine with | ||||||
14 | reasonable skill and safety due to physical or
mental | ||||||
15 | disabilities as evidenced by a written determination
or | ||||||
16 | written consent based on clinical evidence including
| ||||||
17 | deterioration through the aging process or loss of motor
| ||||||
18 | skill, or abuse of drugs or alcohol, of sufficient degree to
| ||||||
19 | diminish a person's ability to deliver competent patient
care.
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20 | "Licensing Board" means the Medical Licensing Board.
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21 | "Naturopathic physician" means a practitioner of | ||||||
22 | naturopathic medicine who has been properly licensed for that | ||||||
23 | purpose by the Department under this Act. "Naturopathic | ||||||
24 | physician" includes all titles and designations associated | ||||||
25 | with the practice of naturopathic medicine, including, "doctor | ||||||
26 | of naturopathic medicine", "doctor of naturopathy", |
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| |||||||
1 | "naturopathic doctor", "naturopath", "naturopathic medical | ||||||
2 | doctor", "N.D.", "ND", "N.M.D.", and "NMD". | ||||||
3 | "Physician" means a person licensed under the
Medical | ||||||
4 | Practice Act to practice medicine in all of its
branches , a | ||||||
5 | naturopathic physician, or a chiropractic physician.
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6 | "Professional association" means an association or
society | ||||||
7 | of persons licensed under this Act, and operating
within the | ||||||
8 | State of Illinois, including but not limited to,
medical | ||||||
9 | societies, osteopathic organizations, naturopathic | ||||||
10 | organizations, and
chiropractic organizations, but this term | ||||||
11 | shall not be
deemed to include hospital medical staffs.
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12 | "Program of care, counseling, or treatment" means
a | ||||||
13 | written schedule of organized treatment, care, counseling,
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14 | activities, or education, satisfactory to the Disciplinary
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15 | Board, designed for the purpose of restoring an impaired
| ||||||
16 | person to a condition whereby the impaired person can
practice | ||||||
17 | medicine with reasonable skill and safety of a
sufficient | ||||||
18 | degree to deliver competent patient care.
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19 | "Reinstate" means to change the status of a license from | ||||||
20 | inactive or nonrenewed status to active status. | ||||||
21 | "Restore" means to remove an encumbrance from a license | ||||||
22 | due to probation, suspension, or revocation. | ||||||
23 | "Secretary" means the Secretary of the Department of | ||||||
24 | Financial and Professional Regulation. | ||||||
25 | (Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17 .)
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1 | (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
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2 | (Section scheduled to be repealed on January 1, 2022)
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3 | Sec. 7. Medical Disciplinary Board.
| ||||||
4 | (A) There is hereby created the Illinois
State Medical | ||||||
5 | Disciplinary Board. The Disciplinary Board shall
consist of 12 | ||||||
6 | 11 members, to be appointed by the Governor by and
with the | ||||||
7 | advice and consent of the Senate. All members shall be
| ||||||
8 | residents of the State, not more than 7 6 of whom shall be
| ||||||
9 | members of the same political party. All members shall be | ||||||
10 | voting members. Five members shall be
physicians licensed to | ||||||
11 | practice medicine in all of its
branches in Illinois | ||||||
12 | possessing the degree of doctor of
medicine. One member shall | ||||||
13 | be a physician licensed to practice medicine in all its | ||||||
14 | branches in Illinois possessing the degree of doctor of | ||||||
15 | osteopathy or osteopathic medicine. One member shall be a | ||||||
16 | chiropractic physician licensed to practice in Illinois and | ||||||
17 | possessing the degree of doctor of chiropractic. One member | ||||||
18 | shall be a naturopathic physician licensed to practice in | ||||||
19 | Illinois and possessing the degree of naturopathic medicine. | ||||||
20 | Four members shall be members of the public, who shall not
be | ||||||
21 | engaged in any way, directly or indirectly, as providers
of | ||||||
22 | health care.
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23 | (B) Members of the Disciplinary Board shall be appointed
| ||||||
24 | for terms of 4 years. Upon the expiration of the term of
any | ||||||
25 | member, their successor shall be appointed for a term of
4 | ||||||
26 | years by the Governor by and with the advice and
consent of the |
| |||||||
| |||||||
1 | Senate. The Governor shall fill any vacancy
for the remainder | ||||||
2 | of the unexpired term with the
advice and consent of the | ||||||
3 | Senate. Upon recommendation of
the Board, any member of the | ||||||
4 | Disciplinary Board may be
removed by the Governor for | ||||||
5 | misfeasance, malfeasance, or
wilful neglect of duty, after | ||||||
6 | notice, and a public hearing,
unless such notice and hearing | ||||||
7 | shall be expressly waived in
writing. Each member shall serve | ||||||
8 | on the Disciplinary Board
until their successor is appointed | ||||||
9 | and qualified. No member
of the Disciplinary Board shall serve | ||||||
10 | more than 2
consecutive 4 year terms.
| ||||||
11 | In making appointments the Governor shall attempt to
| ||||||
12 | insure that the various social and geographic regions of the
| ||||||
13 | State of Illinois are properly represented.
| ||||||
14 | In making the designation of persons to act for the
| ||||||
15 | several professions represented on the Disciplinary Board,
the | ||||||
16 | Governor shall give due consideration to recommendations
by | ||||||
17 | members of the respective professions and by
organizations | ||||||
18 | therein.
| ||||||
19 | (C) The Disciplinary Board shall annually elect one of
its | ||||||
20 | voting members as chairperson and one as vice
chairperson. No | ||||||
21 | officer shall be elected more than twice
in succession to the | ||||||
22 | same office. Each officer shall serve
until their successor | ||||||
23 | has been elected and qualified.
| ||||||
24 | (D) (Blank).
| ||||||
25 | (E) Six voting members of the Disciplinary Board, at least | ||||||
26 | 4 of whom are physicians,
shall constitute a quorum. A vacancy |
| |||||||
| |||||||
1 | in the membership of
the Disciplinary Board shall not impair | ||||||
2 | the right of a
quorum to exercise all the rights and perform | ||||||
3 | all the duties
of the Disciplinary Board. Any action taken by | ||||||
4 | the
Disciplinary Board under this Act may be authorized by
| ||||||
5 | resolution at any regular or special meeting and each such
| ||||||
6 | resolution shall take effect immediately. The Disciplinary
| ||||||
7 | Board shall meet at least quarterly.
| ||||||
8 | (F) Each member, and member-officer, of the
Disciplinary | ||||||
9 | Board shall receive a per diem stipend
as the
Secretary shall | ||||||
10 | determine. Each member shall be paid their necessary
expenses | ||||||
11 | while engaged in the performance of their duties.
| ||||||
12 | (G) The Secretary shall select a Chief Medical
Coordinator | ||||||
13 | and not less than 2 Deputy Medical Coordinators
who shall not
| ||||||
14 | be members of the Disciplinary Board. Each medical
coordinator | ||||||
15 | shall be a physician licensed to practice
medicine in all of | ||||||
16 | its branches, and the Secretary shall set
their rates of | ||||||
17 | compensation. The Secretary shall assign at least
one
medical
| ||||||
18 | coordinator to
a region composed of Cook County and
such other | ||||||
19 | counties as the Secretary may deem appropriate,
and such | ||||||
20 | medical coordinator or coordinators shall locate their office | ||||||
21 | in
Chicago. The Secretary shall assign at least one medical
| ||||||
22 | coordinator to a region composed of the balance of counties
in | ||||||
23 | the State, and such medical coordinator or coordinators shall | ||||||
24 | locate
their office in Springfield. The Chief Medical | ||||||
25 | Coordinator shall be the chief enforcement officer of this | ||||||
26 | Act. None of the functions, powers, or duties of the |
| |||||||
| |||||||
1 | Department with respect to policies regarding enforcement or | ||||||
2 | discipline under this Act, including the adoption of such | ||||||
3 | rules as may be necessary for the administration of this Act, | ||||||
4 | shall be exercised by the Department except upon review of the | ||||||
5 | Disciplinary Board.
| ||||||
6 | The Secretary shall employ, in conformity with the
| ||||||
7 | Personnel Code, investigators who are college graduates with | ||||||
8 | at least 2
years of investigative experience or one year of | ||||||
9 | advanced medical
education. Upon the written request of the | ||||||
10 | Disciplinary
Board, the Secretary shall employ, in conformity | ||||||
11 | with the
Personnel Code, such other professional, technical,
| ||||||
12 | investigative, and clerical help, either on a full or
| ||||||
13 | part-time basis as the Disciplinary Board deems necessary
for | ||||||
14 | the proper performance of its duties.
| ||||||
15 | (H) Upon the specific request of the Disciplinary
Board, | ||||||
16 | signed by either the chairperson, vice chairperson, or a
| ||||||
17 | medical coordinator of the Disciplinary Board, the
Department | ||||||
18 | of Human Services, the Department of Healthcare and Family | ||||||
19 | Services, the
Department of State Police, or any other law | ||||||
20 | enforcement agency located in this State shall make available | ||||||
21 | any and all
information that they have in their possession | ||||||
22 | regarding a
particular case then under investigation by the | ||||||
23 | Disciplinary
Board.
| ||||||
24 | (I) Members of the Disciplinary Board shall be immune
from | ||||||
25 | suit in any action based upon any disciplinary
proceedings or | ||||||
26 | other acts performed in good faith as members
of the |
| |||||||
| |||||||
1 | Disciplinary Board.
| ||||||
2 | (J) The Disciplinary Board may compile and establish a
| ||||||
3 | statewide roster of physicians and other medical
| ||||||
4 | professionals, including the several medical specialties, of
| ||||||
5 | such physicians and medical professionals, who have agreed
to | ||||||
6 | serve from time to time as advisors to the medical
| ||||||
7 | coordinators. Such advisors shall assist the medical
| ||||||
8 | coordinators or the Disciplinary Board in their investigations | ||||||
9 | and participation in
complaints against physicians. Such | ||||||
10 | advisors shall serve
under contract and shall be reimbursed at | ||||||
11 | a reasonable rate for the services
provided, plus reasonable | ||||||
12 | expenses incurred.
While serving in this capacity, the | ||||||
13 | advisor, for any act
undertaken in good faith and in the | ||||||
14 | conduct of his or her duties
under this Section, shall be | ||||||
15 | immune from civil suit.
| ||||||
16 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
17 | (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
19 | Sec. 8. Medical Licensing Board.
| ||||||
20 | (A) There is hereby created a Medical
Licensing Board. The | ||||||
21 | Licensing Board shall be composed
of 8 7 members, to be | ||||||
22 | appointed by the Governor by and with
the advice and consent of | ||||||
23 | the Senate; 5 of whom shall be
reputable physicians licensed | ||||||
24 | to practice medicine in all of
its branches in Illinois, | ||||||
25 | possessing the degree of doctor of
medicine; one member shall |
| |||||||
| |||||||
1 | be a reputable physician licensed
in Illinois to practice | ||||||
2 | medicine in all of its branches,
possessing the degree of | ||||||
3 | doctor of osteopathy or osteopathic medicine; one member shall | ||||||
4 | be a reputable naturopathic physician licensed to practice in | ||||||
5 | Illinois and possessing the degree of doctor of naturopathic | ||||||
6 | medicine; and
one
member shall be a reputable chiropractic | ||||||
7 | physician licensed to practice
in Illinois and possessing the | ||||||
8 | degree of doctor of
chiropractic. Of the 5 members holding the | ||||||
9 | degree of doctor
of medicine, one shall be a full-time or | ||||||
10 | part-time teacher
of professorial rank in the clinical | ||||||
11 | department of an
Illinois school of medicine.
| ||||||
12 | (B) Members of the
Licensing Board shall be appointed for | ||||||
13 | terms of 4 years, and until their successors are appointed and
| ||||||
14 | qualified. Appointments to fill vacancies shall be made in
the | ||||||
15 | same manner as original appointments, for the unexpired
| ||||||
16 | portion of the vacated term. No more than 4 members of
the | ||||||
17 | Licensing Board shall be members of the same political
party | ||||||
18 | and all members shall be residents of this State. No
member of | ||||||
19 | the Licensing Board may be appointed to more than
2 successive | ||||||
20 | 4 year terms.
| ||||||
21 | (C) Members of the Licensing Board shall be immune
from | ||||||
22 | suit in any action based upon any licensing proceedings
or | ||||||
23 | other acts performed in good faith as members of the
Licensing | ||||||
24 | Board.
| ||||||
25 | (D) (Blank).
| ||||||
26 | (E) The Licensing Board shall annually elect one of
its |
| |||||||
| |||||||
1 | members as chairperson and one as vice chairperson. No member
| ||||||
2 | shall be elected more than twice in succession to the same
| ||||||
3 | office. Each officer shall serve until his or her successor | ||||||
4 | has
been elected and qualified.
| ||||||
5 | (F) None of the functions, powers or duties of the
| ||||||
6 | Department with respect to policies regarding licensure and | ||||||
7 | examination
under
this Act, including the promulgation of such | ||||||
8 | rules as may be
necessary for the administration of this Act, | ||||||
9 | shall be
exercised by the Department except upon review of the
| ||||||
10 | Licensing Board.
| ||||||
11 | (G) The Licensing Board shall receive the same
| ||||||
12 | compensation as the members of the
Disciplinary Board, which | ||||||
13 | compensation shall be paid out of
the Illinois State Medical | ||||||
14 | Disciplinary Fund.
| ||||||
15 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
16 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 9. Application for license. Each applicant for a | ||||||
19 | license shall:
| ||||||
20 | (A) Make application on blank forms prepared and
| ||||||
21 | furnished by the Department.
| ||||||
22 | (B) Submit evidence satisfactory to the Department
| ||||||
23 | that the applicant:
| ||||||
24 | (1) is of good moral character. In determining | ||||||
25 | moral
character under this Section, the Department may |
| |||||||
| |||||||
1 | take into
consideration whether the applicant has | ||||||
2 | engaged in conduct
or activities which would | ||||||
3 | constitute grounds for discipline
under this Act. The | ||||||
4 | Department may also request the
applicant to submit, | ||||||
5 | and may consider as evidence of moral
character, | ||||||
6 | endorsements from 2 or 3 individuals licensed
under | ||||||
7 | this Act;
| ||||||
8 | (2) has the preliminary and professional education
| ||||||
9 | required by this Act;
| ||||||
10 | (3) (blank); and
| ||||||
11 | (4) is physically, mentally, and professionally | ||||||
12 | capable
of practicing medicine with reasonable | ||||||
13 | judgment, skill, and
safety. In determining physical | ||||||
14 | and mental
capacity under this Section, the Licensing | ||||||
15 | Board
may, upon a showing of a possible incapacity or | ||||||
16 | conduct or activities that would constitute grounds | ||||||
17 | for discipline under this Act, compel any
applicant to | ||||||
18 | submit to a mental or physical examination and | ||||||
19 | evaluation, or
both, as provided for in Section 22 of | ||||||
20 | this Act. The Licensing Board may condition or | ||||||
21 | restrict any
license, subject to the same terms and | ||||||
22 | conditions as are
provided for the Disciplinary Board | ||||||
23 | under Section 22
of this Act. Any such condition of a | ||||||
24 | restricted license
shall provide that the Chief | ||||||
25 | Medical Coordinator or Deputy
Medical Coordinator | ||||||
26 | shall have the authority to review the
subject |
| |||||||
| |||||||
1 | physician's compliance with such conditions or
| ||||||
2 | restrictions, including, where appropriate, the | ||||||
3 | physician's
record of treatment and counseling | ||||||
4 | regarding the impairment,
to the extent permitted by | ||||||
5 | applicable federal statutes and
regulations | ||||||
6 | safeguarding the confidentiality of medical
records of | ||||||
7 | patients.
| ||||||
8 | In determining professional capacity under this
| ||||||
9 | Section, an individual may be required to
complete such | ||||||
10 | additional testing, training, or remedial
education as the | ||||||
11 | Licensing Board may deem necessary in order
to establish | ||||||
12 | the applicant's present capacity to practice
medicine with | ||||||
13 | reasonable judgment, skill, and safety. The Licensing | ||||||
14 | Board may consider the following criteria, as they relate | ||||||
15 | to an applicant, as part of its determination of | ||||||
16 | professional capacity:
| ||||||
17 | (1) Medical research in an established research | ||||||
18 | facility, hospital, college or university, or private | ||||||
19 | corporation. | ||||||
20 | (2) Specialized training or education. | ||||||
21 | (3) Publication of original work in learned, | ||||||
22 | medical, or scientific journals. | ||||||
23 | (4) Participation in federal, State, local, or | ||||||
24 | international public health programs or organizations. | ||||||
25 | (5) Professional service in a federal veterans or | ||||||
26 | military institution. |
| |||||||
| |||||||
1 | (6) Any other professional activities deemed to | ||||||
2 | maintain and enhance the clinical capabilities of the | ||||||
3 | applicant. | ||||||
4 | Any applicant applying for a license to practice | ||||||
5 | medicine in all of its branches , for a license as a | ||||||
6 | naturopathic physician, or for a license as a chiropractic | ||||||
7 | physician who has not been engaged in the active practice | ||||||
8 | of medicine or has not been enrolled in a medical program | ||||||
9 | for 2 years prior to application must submit proof of | ||||||
10 | professional capacity to the Licensing Board. | ||||||
11 | Any applicant applying for a temporary license that | ||||||
12 | has not been engaged in the active practice of medicine or | ||||||
13 | has not been enrolled in a medical program for longer than | ||||||
14 | 5 years prior to application must submit proof of | ||||||
15 | professional capacity to the Licensing Board. | ||||||
16 | (C) Designate specifically the name, location, and
| ||||||
17 | kind of professional school, college, or institution of
| ||||||
18 | which the applicant is a graduate and the category under
| ||||||
19 | which the applicant seeks, and will undertake, to | ||||||
20 | practice.
| ||||||
21 | (D) Pay to the Department at the time of application
| ||||||
22 | the required fees.
| ||||||
23 | (E) Pursuant to Department rules, as required, pass an
| ||||||
24 | examination authorized by the Department to determine
the | ||||||
25 | applicant's fitness to receive a license.
| ||||||
26 | (F) Complete the application process within 3 years |
| |||||||
| |||||||
1 | from the date of
application. If the process has not been | ||||||
2 | completed within 3 years, the
application shall expire, | ||||||
3 | application fees shall be forfeited, and the
applicant
| ||||||
4 | must reapply and meet the requirements in effect at the | ||||||
5 | time of
reapplication.
| ||||||
6 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
7 | (225 ILCS 60/10) (from Ch. 111, par. 4400-10)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 10. The Department shall:
| ||||||
10 | (A) make rules for establishing reasonable minimum
| ||||||
11 | standards of educational requirements to be observed by
| ||||||
12 | medical, osteopathic , naturopathic, and chiropractic | ||||||
13 | colleges;
| ||||||
14 | (B) effectuate the policy of the State of Illinois | ||||||
15 | that the quality of
medical training is an appropriate | ||||||
16 | concern in the recruiting, licensing,
credentialing and | ||||||
17 | participation in residency programs of physicians.
| ||||||
18 | However, it is inappropriate to discriminate against any | ||||||
19 | physician because
of national origin or geographic | ||||||
20 | location of medical education;
| ||||||
21 | (C) formulate rules and regulations required for the
| ||||||
22 | administration of this Act.
| ||||||
23 | (Source: P.A. 86-573 .)
| ||||||
24 | (225 ILCS 60/11) (from Ch. 111, par. 4400-11)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
2 | Sec. 11. Minimum education standards. The minimum | ||||||
3 | standards of
professional
education to be enforced by the | ||||||
4 | Department in conducting
examinations and issuing licenses | ||||||
5 | shall be as follows:
| ||||||
6 | (A) Practice of medicine. For the practice of
medicine | ||||||
7 | in all of its branches:
| ||||||
8 | (1) For applications for licensure under | ||||||
9 | subsection (D) of Section 19
of this Act:
| ||||||
10 | (a) that the applicant is a graduate of a | ||||||
11 | medical or
osteopathic college in the United | ||||||
12 | States, its territories or
Canada, 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 or by a private, not for profit | ||||||
18 | accrediting
body approved by the Department, and | ||||||
19 | in addition thereto, a
course of postgraduate | ||||||
20 | clinical training of not less than 12
months as | ||||||
21 | approved by the Department; or
| ||||||
22 | (b) that the applicant is a graduate of a | ||||||
23 | medical or
osteopathic college located outside the | ||||||
24 | United States, its
territories or Canada, and that | ||||||
25 | the degree conferred is
officially recognized by | ||||||
26 | the country for the purposes of
licensure, that |
| |||||||
| |||||||
1 | the applicant has completed a 2 year course of | ||||||
2 | instruction in a
college of liberal arts or its | ||||||
3 | equivalent, and a course of
instruction in a | ||||||
4 | medical or osteopathic college approved by
the | ||||||
5 | Department, which course shall have been not less | ||||||
6 | than
132 weeks in duration and shall have been | ||||||
7 | completed within a
period of not less than 35 | ||||||
8 | months, and, in addition thereto,
has completed a | ||||||
9 | course of postgraduate clinical training of not | ||||||
10 | less than
12 months, as approved by the | ||||||
11 | Department, and has complied with any other
| ||||||
12 | standards established by rule.
| ||||||
13 | For the purposes of this subparagraph (b) an | ||||||
14 | applicant
is considered to be a graduate of a | ||||||
15 | medical college if the
degree which is conferred | ||||||
16 | is officially recognized by that
country for the | ||||||
17 | purposes of receiving a license to practice
| ||||||
18 | medicine in all of its branches or a document is | ||||||
19 | granted by
the medical college which certifies the | ||||||
20 | completion of all
formal training requirements | ||||||
21 | including any internship and
social service; or
| ||||||
22 | (c) that the applicant has studied medicine at | ||||||
23 | a
medical or osteopathic college located outside | ||||||
24 | the United
States, its territories, or Canada, | ||||||
25 | that the applicant has
completed a 2 year course | ||||||
26 | of
instruction in a college of liberal arts or its |
| |||||||
| |||||||
1 | equivalent
and all of the formal requirements of a | ||||||
2 | foreign medical
school except internship and | ||||||
3 | social service, which course
shall have been not | ||||||
4 | less than 132 weeks in duration and
shall have | ||||||
5 | been completed within a period of not less than
35 | ||||||
6 | months; that the applicant has submitted an | ||||||
7 | application
to a medical college accredited by the | ||||||
8 | Liaison Committee on
Medical Education and | ||||||
9 | submitted to such evaluation
procedures, including | ||||||
10 | use of nationally recognized medical
student tests | ||||||
11 | or tests devised by the individual medical
| ||||||
12 | college, and that the applicant has satisfactorily | ||||||
13 | completed
one academic year of supervised clinical | ||||||
14 | training under the
direction of such medical | ||||||
15 | college; and, in addition thereto
has completed a | ||||||
16 | course of postgraduate clinical training of
not | ||||||
17 | less than 12 months, as approved by the | ||||||
18 | Department, and has
complied
with
any other | ||||||
19 | standards established by rule.
| ||||||
20 | (d) Any clinical clerkships must have been | ||||||
21 | completed
in compliance with Section 10.3 of the | ||||||
22 | Hospital Licensing
Act, as amended.
| ||||||
23 | (2) Effective January 1, 1988, for applications | ||||||
24 | for
licensure made subsequent to January 1, 1988, | ||||||
25 | under Sections
9 or 17 of this Act by individuals not | ||||||
26 | described in paragraph (3) of
subsection (A) of |
| |||||||
| |||||||
1 | Section 11 who graduated after December
31, 1984:
| ||||||
2 | (a) that the applicant: (i) graduated from a | ||||||
3 | medical
or osteopathic college officially | ||||||
4 | recognized by the
jurisdiction in which it is | ||||||
5 | located for the purpose of
receiving a license to | ||||||
6 | practice medicine in all of its
branches, and the | ||||||
7 | applicant has completed, as defined by the
| ||||||
8 | Department, a 6 year postsecondary course of study
| ||||||
9 | comprising at least 2 academic years of study in | ||||||
10 | the basic
medical sciences; and 2 academic years | ||||||
11 | of study in the
clinical sciences, while enrolled | ||||||
12 | in the medical college
which conferred the degree, | ||||||
13 | the core rotations of which must
have been | ||||||
14 | completed in clinical teaching facilities owned,
| ||||||
15 | operated or formally affiliated with the medical | ||||||
16 | college
which conferred the degree, or under | ||||||
17 | contract in teaching
facilities owned, operated or | ||||||
18 | affiliated with another
medical college which is | ||||||
19 | officially recognized by the
jurisdiction in which | ||||||
20 | the medical school which conferred the
degree is | ||||||
21 | located; or (ii) graduated from a medical or
| ||||||
22 | osteopathic college accredited by the Liaison | ||||||
23 | Committee on
Medical Education, the Committee on | ||||||
24 | Accreditation of
Canadian Medical Schools in | ||||||
25 | conjunction with the Liaison
Committee on Medical | ||||||
26 | Education, or the Bureau of Professional Education |
| |||||||
| |||||||
1 | of
the American Osteopathic
Association; and, | ||||||
2 | (iii) in addition
thereto, has completed 24 months | ||||||
3 | of postgraduate clinical
training, as approved by | ||||||
4 | the
Department; or
| ||||||
5 | (b) that the applicant has studied medicine at | ||||||
6 | a
medical or osteopathic college located outside | ||||||
7 | the United
States, its territories, or Canada, | ||||||
8 | that the applicant, in
addition to satisfying the | ||||||
9 | requirements of subparagraph (a),
except for the | ||||||
10 | awarding of a degree, has completed all of
the | ||||||
11 | formal requirements of a foreign medical school | ||||||
12 | except
internship and social service and has | ||||||
13 | submitted an
application to a medical college | ||||||
14 | accredited by the Liaison
Committee on Medical | ||||||
15 | Education and submitted to such
evaluation | ||||||
16 | procedures, including use of nationally
recognized | ||||||
17 | medical student tests or tests devised by the
| ||||||
18 | individual medical college, and that the applicant | ||||||
19 | has
satisfactorily completed one academic year of | ||||||
20 | supervised
clinical training under the direction | ||||||
21 | of such medical
college; and, in addition thereto, | ||||||
22 | has completed 24 months of
postgraduate clinical | ||||||
23 | training, as
approved by the Department, and has | ||||||
24 | complied with any other standards
established by | ||||||
25 | rule.
| ||||||
26 | (3) (Blank).
|
| |||||||
| |||||||
1 | (4) Any person granted a temporary license | ||||||
2 | pursuant to Section 17 of
this Act who shall | ||||||
3 | satisfactorily complete a course of postgraduate | ||||||
4 | clinical
training and meet all of the requirements for | ||||||
5 | licensure shall be granted a
permanent license | ||||||
6 | pursuant to Section 9.
| ||||||
7 | (5) Notwithstanding any other provision of this
| ||||||
8 | Section an individual holding a temporary license | ||||||
9 | under
Section 17 of this Act shall be required to | ||||||
10 | satisfy the
undergraduate medical and post-graduate | ||||||
11 | clinical training educational
requirements in effect | ||||||
12 | on
the date of their application for a temporary | ||||||
13 | license,
provided they apply for a license under | ||||||
14 | Section 9 of this
Act and satisfy all other | ||||||
15 | requirements of this Section while
their temporary | ||||||
16 | license is in effect.
| ||||||
17 | (B) Treating human ailments without drugs and without
| ||||||
18 | operative surgery. For the practice of treating human
| ||||||
19 | ailments without the use of drugs and without operative
| ||||||
20 | surgery:
| ||||||
21 | (1) For an applicant who was a resident student | ||||||
22 | and
who is a graduate after July 1, 1926, of a | ||||||
23 | chiropractic
college or institution, that such school, | ||||||
24 | college or
institution, at the time of the applicant's | ||||||
25 | graduation
required as a prerequisite to admission | ||||||
26 | thereto a 4 year
course of instruction in a high |
| |||||||
| |||||||
1 | school, and, as a
prerequisite to graduation | ||||||
2 | therefrom, a course of
instruction in the treatment of | ||||||
3 | human ailments, of not less
than 132 weeks in duration | ||||||
4 | and which shall have been
completed within a period of | ||||||
5 | not less than 35 months except
that as to students | ||||||
6 | matriculating or entering upon a course
of | ||||||
7 | chiropractic study during the years 1940, 1941, 1942,
| ||||||
8 | 1943, 1944, 1945, 1946, and 1947, such elapsed time
| ||||||
9 | shall be not less than 32 months, such high school and | ||||||
10 | such
school, college or institution having been | ||||||
11 | reputable and in
good standing in the judgment of the | ||||||
12 | Department.
| ||||||
13 | (2) For an applicant who is a matriculant in a
| ||||||
14 | chiropractic college after September 1, 1969, that | ||||||
15 | such
applicant shall be required to complete a 2 year | ||||||
16 | course
of instruction in a liberal arts college or its | ||||||
17 | equivalent and a course of instruction in a | ||||||
18 | chiropractic
college in the treatment of human | ||||||
19 | ailments, such course, as
a prerequisite to graduation | ||||||
20 | therefrom, having been not less
than 132 weeks in | ||||||
21 | duration and shall have been completed
within a period | ||||||
22 | of not less than 35 months, such college of
liberal | ||||||
23 | arts and chiropractic college having been reputable
| ||||||
24 | and in good standing in the judgment of the | ||||||
25 | Department.
| ||||||
26 | (3) For an applicant who is a graduate of a United
|
| |||||||
| |||||||
1 | States chiropractic college after August 19, 1981, the
| ||||||
2 | college of the applicant must be fully accredited by | ||||||
3 | the
Commission on Accreditation of the Council on | ||||||
4 | Chiropractic
Education or its successor at the time of | ||||||
5 | graduation. Such
graduates shall be considered to have | ||||||
6 | met the minimum
requirements which shall be in | ||||||
7 | addition to those
requirements set forth in the rules | ||||||
8 | and regulations
promulgated by the Department.
| ||||||
9 | (4) For an applicant who is a graduate of a
| ||||||
10 | chiropractic college in another country; that such
| ||||||
11 | chiropractic college be equivalent to the standards of
| ||||||
12 | education as set forth for chiropractic colleges | ||||||
13 | located in
the United States.
| ||||||
14 | (C) Practice of naturopathic medicine. For the | ||||||
15 | practice of naturopathic medicine: | ||||||
16 | (1) For an applicant who is a graduate of an | ||||||
17 | approved naturopathic medical program, in accordance | ||||||
18 | with this Act, that he or she has successfully | ||||||
19 | completed a competency-based national naturopathic | ||||||
20 | licensing examination administered by the North | ||||||
21 | American Board of Naturopathic Examiners or an | ||||||
22 | equivalent agency, as recognized by the Department. | ||||||
23 | (2) For an applicant who is a graduate of a | ||||||
24 | degree-granting approved naturopathic medical program | ||||||
25 | prior to 1986, evidence of successful passage of a | ||||||
26 | State competency examination in a licensed state or a |
| |||||||
| |||||||
1 | Canadian provincial examination in a licensed or | ||||||
2 | regulated province approved by the Department in lieu | ||||||
3 | of passage of a national licensing examination. | ||||||
4 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
5 | (225 ILCS 60/14) (from Ch. 111, par. 4400-14)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
7 | Sec. 14. Chiropractic students and naturopathic medicine | ||||||
8 | students . | ||||||
9 | (a) Candidates for the degree of doctor of
chiropractic | ||||||
10 | enrolled in a chiropractic college, accredited by the Council | ||||||
11 | on
Chiropractic Education, may practice under the direct, | ||||||
12 | on-premises supervision
of a chiropractic physician who is a | ||||||
13 | member of the faculty of an
accredited chiropractic college.
| ||||||
14 | (b) Candidates for the degree of doctor of
naturopathic | ||||||
15 | medicine enrolled in a naturopathic college, accredited by the | ||||||
16 | United States Council on Naturopathic Medical Education, may | ||||||
17 | practice under the direct, on-premises supervision
of a | ||||||
18 | naturopathic physician who is a member of the faculty of an
| ||||||
19 | accredited naturopathic college. | ||||||
20 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
21 | (225 ILCS 60/15) (from Ch. 111, par. 4400-15)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
23 | Sec. 15. Chiropractic and naturopathic physician; license | ||||||
24 | for general practice. Any chiropractic or naturopathic |
| |||||||
| |||||||
1 | physician licensed under this
Act shall be permitted to take | ||||||
2 | the
examination for licensure as a physician to practice | ||||||
3 | medicine in
all its branches and
shall receive a license to | ||||||
4 | practice medicine in all of its
branches if he or she shall | ||||||
5 | successfully pass such
examination, upon proof of having | ||||||
6 | successfully completed in
a medical college, osteopathic | ||||||
7 | college , naturopathic college, or chiropractic
college | ||||||
8 | reputable and in good standing in the judgment of
the | ||||||
9 | Department, courses of instruction in materia medica,
| ||||||
10 | therapeutics, surgery, obstetrics, and theory and practice
| ||||||
11 | deemed by the Department to be equal to the courses of
| ||||||
12 | instruction required in those subjects for admission to the
| ||||||
13 | examination for a license to practice medicine in all of its
| ||||||
14 | branches, together with proof of having completed (a) the
2 | ||||||
15 | year course of instruction in a college of liberal
arts, or its | ||||||
16 | equivalent, required under this Act, and (b) a
course of | ||||||
17 | postgraduate clinical training of not less than 24
months as | ||||||
18 | approved by the Department.
| ||||||
19 | (Source: P.A. 97-622, eff. 11-23-11 .)
| ||||||
20 | (225 ILCS 60/16) (from Ch. 111, par. 4400-16)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 16. Ineligibility for examination. Any person who | ||||||
23 | shall fail any
examination
for licensure as a medical doctor, | ||||||
24 | doctor of osteopathy or osteopathic
medicine, doctor of | ||||||
25 | naturopathic medicine, or
doctor of chiropractic in this or |
| |||||||
| |||||||
1 | any other jurisdiction a
total of 5 times shall thereafter be | ||||||
2 | ineligible for further
examinations until such time as such | ||||||
3 | person shall submit to
the Department evidence of further | ||||||
4 | formal professional study, as required by
rule of the | ||||||
5 | Department,
in an accredited institution.
| ||||||
6 | (Source: P.A. 89-702, eff. 7-1-97 .)
| ||||||
7 | (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 17. Temporary license. Persons holding the degree of | ||||||
10 | Doctor of
Medicine, persons
holding the degree of Doctor of
| ||||||
11 | Osteopathy or Doctor of Osteopathic Medicine, persons holding | ||||||
12 | the degree of Doctor of Naturopathic Medicine, and persons | ||||||
13 | holding the degree
of Doctor of Chiropractic or persons who | ||||||
14 | have satisfied
the requirements
therefor and are eligible to | ||||||
15 | receive such degree from
a medical, osteopathic, naturopathic, | ||||||
16 | or chiropractic school, who wish to
pursue programs
of | ||||||
17 | graduate or specialty training in this State, may receive
| ||||||
18 | without examination, in the discretion of the Department, a
| ||||||
19 | 3-year temporary license. In order to receive a 3-year
| ||||||
20 | temporary license hereunder, an applicant shall submit | ||||||
21 | evidence
satisfactory to the Department that the applicant:
| ||||||
22 | (A) Is of good moral character. In determining moral
| ||||||
23 | character under this Section, the Department may take into
| ||||||
24 | consideration whether the applicant has engaged in conduct
| ||||||
25 | or activities which would constitute grounds for |
| |||||||
| |||||||
1 | discipline
under this Act. The Department may also request | ||||||
2 | the
applicant to submit, and may consider as evidence of | ||||||
3 | moral
character, endorsements from 2 or 3 individuals | ||||||
4 | licensed
under this Act;
| ||||||
5 | (B) Has been accepted or appointed for specialty or
| ||||||
6 | residency training by a hospital situated in this State or | ||||||
7 | a
training program in hospitals or facilities maintained | ||||||
8 | by
the State of Illinois or affiliated training facilities
| ||||||
9 | which is approved by the Department for the purpose of | ||||||
10 | such
training under this Act. The applicant shall indicate | ||||||
11 | the
beginning and ending dates of the period for which the
| ||||||
12 | applicant has been accepted or appointed;
| ||||||
13 | (C) Has or will satisfy the professional education
| ||||||
14 | requirements of Section 11 of this Act which are effective
| ||||||
15 | at the date of application except for postgraduate | ||||||
16 | clinical
training;
| ||||||
17 | (D) Is physically, mentally, and professionally | ||||||
18 | capable
of practicing medicine or treating human ailments | ||||||
19 | without the use of drugs and without
operative surgery | ||||||
20 | with reasonable judgment, skill, and
safety. In | ||||||
21 | determining physical, mental and professional
capacity | ||||||
22 | under this Section, the Licensing Board
may, upon a | ||||||
23 | showing of a possible incapacity, compel an
applicant to | ||||||
24 | submit to a mental or physical examination and evaluation, | ||||||
25 | or
both, and may condition or restrict any temporary | ||||||
26 | license,
subject to the same terms and conditions as are |
| |||||||
| |||||||
1 | provided for
the Disciplinary Board under Section 22 of | ||||||
2 | this Act.
Any such condition of restricted temporary | ||||||
3 | license shall
provide that the Chief Medical Coordinator | ||||||
4 | or Deputy Medical
Coordinator shall have the authority to | ||||||
5 | review the subject
physician's compliance with such | ||||||
6 | conditions or restrictions,
including, where appropriate, | ||||||
7 | the physician's record of
treatment and counseling | ||||||
8 | regarding the impairment, to the
extent permitted by | ||||||
9 | applicable federal statutes and
regulations safeguarding | ||||||
10 | the confidentiality of medical
records of patients.
| ||||||
11 | Three-year temporary licenses issued pursuant to this
| ||||||
12 | Section shall be valid only for the period of time
designated | ||||||
13 | therein, and may be extended or renewed pursuant
to the rules | ||||||
14 | of the Department, and if a temporary license
is thereafter | ||||||
15 | extended, it shall not extend beyond
completion of the | ||||||
16 | residency program. The holder of a valid
3-year temporary | ||||||
17 | license shall be entitled thereby to
perform only such acts as | ||||||
18 | may be prescribed by and
incidental to his or her program of | ||||||
19 | residency training; he or she
shall not be entitled to | ||||||
20 | otherwise engage in the practice of
medicine in this State | ||||||
21 | unless fully licensed in this State.
| ||||||
22 | A 3-year temporary license may be revoked or suspended by | ||||||
23 | the
Department upon proof that the holder thereof has engaged | ||||||
24 | in
the practice of medicine in this State outside of the
| ||||||
25 | program of his or her residency or specialty training, or if | ||||||
26 | the
holder shall fail to supply the Department, within 10 days
|
| |||||||
| |||||||
1 | of its request, with information as to his or her current | ||||||
2 | status
and activities in his or her specialty training | ||||||
3 | program. Such a revocation or suspension shall comply with the | ||||||
4 | procedures set forth in subsection (d) of Section 37 of this | ||||||
5 | Act.
| ||||||
6 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
7 | (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 18. Visiting professor, physician, or resident | ||||||
10 | permits.
| ||||||
11 | (A) Visiting professor permit.
| ||||||
12 | (1) A visiting professor permit shall
entitle a person | ||||||
13 | to practice medicine in all of its branches
or to practice | ||||||
14 | the treatment of human ailments without the
use of drugs | ||||||
15 | and without operative surgery provided:
| ||||||
16 | (a) the person maintains an equivalent | ||||||
17 | authorization
to practice medicine in all of its | ||||||
18 | branches or to practice
the treatment of human | ||||||
19 | ailments without the use of drugs
and without | ||||||
20 | operative surgery in good standing in his or her
| ||||||
21 | native licensing jurisdiction during the period of the
| ||||||
22 | visiting professor permit;
| ||||||
23 | (b) the person has received a faculty appointment | ||||||
24 | to
teach in a medical, osteopathic , naturopathic, or | ||||||
25 | chiropractic school in
Illinois; and
|
| |||||||
| |||||||
1 | (c) the Department may prescribe the information | ||||||
2 | necessary to
establish
an applicant's eligibility for | ||||||
3 | a permit. This information shall include
without | ||||||
4 | limitation (i) a statement from the dean of the | ||||||
5 | medical school at which
the
applicant will be employed | ||||||
6 | describing the applicant's qualifications and (ii)
a | ||||||
7 | statement from the dean of the medical school listing | ||||||
8 | every affiliated
institution in which the applicant | ||||||
9 | will be providing instruction as part of the
medical | ||||||
10 | school's education program and justifying any clinical | ||||||
11 | activities at
each of the institutions listed by the | ||||||
12 | dean.
| ||||||
13 | (2) Application for visiting professor permits shall
| ||||||
14 | be made to the Department, in writing, on forms prescribed
| ||||||
15 | by the Department and shall be accompanied by the required
| ||||||
16 | fee established by rule, which shall not be refundable. | ||||||
17 | Any application
shall require the information as, in the | ||||||
18 | judgment of the Department, will
enable the Department to | ||||||
19 | pass on the qualifications of the applicant.
| ||||||
20 | (3) A visiting professor permit shall be valid for no | ||||||
21 | longer than 2
years from the date of issuance or until the | ||||||
22 | time the
faculty appointment is terminated, whichever | ||||||
23 | occurs first,
and may be renewed only in accordance with | ||||||
24 | subdivision (A)(6) of this
Section.
| ||||||
25 | (4) The applicant may be required to appear before the
| ||||||
26 | Licensing Board for an interview prior to, and as a
|
| |||||||
| |||||||
1 | requirement for, the issuance of the original permit and | ||||||
2 | the
renewal.
| ||||||
3 | (5) Persons holding a permit under this Section shall
| ||||||
4 | only practice medicine in all of its branches or practice
| ||||||
5 | the treatment of human ailments without the use of drugs
| ||||||
6 | and without operative surgery in the State of Illinois in
| ||||||
7 | their official capacity under their contract
within the | ||||||
8 | medical school itself and any affiliated institution in | ||||||
9 | which the
permit holder is providing instruction as part | ||||||
10 | of the medical school's
educational program and for which | ||||||
11 | the medical school has assumed direct
responsibility.
| ||||||
12 | (6) After the initial renewal of a visiting professor | ||||||
13 | permit, a visiting professor permit shall be valid until | ||||||
14 | the last day of the
next physician license renewal period, | ||||||
15 | as set by rule, and may only be
renewed for applicants who | ||||||
16 | meet the following requirements:
| ||||||
17 | (i) have obtained the required continuing | ||||||
18 | education hours as set by
rule; and
| ||||||
19 | (ii) have paid the fee prescribed for a license | ||||||
20 | under Section 21 of this
Act.
| ||||||
21 | For initial renewal, the visiting professor must | ||||||
22 | successfully pass a
general competency examination authorized | ||||||
23 | by the Department by rule, unless he or she was issued an | ||||||
24 | initial visiting professor permit on or after January 1, 2007, | ||||||
25 | but prior to July 1, 2007.
|
| |||||||
| |||||||
1 | (B) Visiting physician permit.
| ||||||
2 | (1) The Department may, in its discretion, issue a | ||||||
3 | temporary visiting
physician permit, without examination, | ||||||
4 | provided:
| ||||||
5 | (a) (blank);
| ||||||
6 | (b) that the person maintains an equivalent | ||||||
7 | authorization to practice
medicine in all of its | ||||||
8 | branches or to practice the treatment of human
| ||||||
9 | ailments without the use of drugs and without | ||||||
10 | operative surgery in good
standing in his or her | ||||||
11 | native licensing jurisdiction during the period of the
| ||||||
12 | temporary visiting physician permit;
| ||||||
13 | (c) that the person has received an invitation or | ||||||
14 | appointment to study,
demonstrate, or perform a
| ||||||
15 | specific medical, osteopathic, naturopathic, | ||||||
16 | chiropractic , or clinical subject or
technique in a | ||||||
17 | medical, osteopathic, naturopathic, or chiropractic | ||||||
18 | school, a state or national medical, osteopathic, | ||||||
19 | naturopathic, or chiropractic professional association | ||||||
20 | or society conference or meeting, a hospital
licensed | ||||||
21 | under the Hospital Licensing Act, a hospital organized
| ||||||
22 | under the University of Illinois Hospital Act, or a | ||||||
23 | facility operated
pursuant to the Ambulatory Surgical | ||||||
24 | Treatment Center Act; and
| ||||||
25 | (d) that the temporary visiting physician permit | ||||||
26 | shall only permit the
holder to practice medicine in |
| |||||||
| |||||||
1 | all of its branches or practice the
treatment of human | ||||||
2 | ailments without the use of drugs and without | ||||||
3 | operative
surgery within the scope of the medical, | ||||||
4 | osteopathic, naturopathic, chiropractic, or
clinical | ||||||
5 | studies, or in conjunction with the state or national | ||||||
6 | medical, osteopathic, naturopathic, or chiropractic | ||||||
7 | professional association or society conference or | ||||||
8 | meeting, for which the holder was invited or | ||||||
9 | appointed.
| ||||||
10 | (2) The application for the temporary visiting | ||||||
11 | physician permit shall be
made to the Department, in | ||||||
12 | writing, on forms prescribed by the
Department, and shall | ||||||
13 | be accompanied by the required fee established by
rule, | ||||||
14 | which shall not be refundable. The application shall | ||||||
15 | require
information that, in the judgment of the | ||||||
16 | Department, will enable the
Department to pass on the | ||||||
17 | qualification of the applicant, and the necessity
for the | ||||||
18 | granting of a temporary visiting physician permit.
| ||||||
19 | (3) A temporary visiting physician permit shall be | ||||||
20 | valid for no longer than (i) 180
days
from the date of | ||||||
21 | issuance or (ii) until the time the medical, osteopathic,
| ||||||
22 | chiropractic, naturopathic, or clinical studies are | ||||||
23 | completed, or the state or national medical, osteopathic, | ||||||
24 | naturopathic, or chiropractic professional association or | ||||||
25 | society conference or meeting has concluded, whichever | ||||||
26 | occurs first. The temporary visiting physician permit may |
| |||||||
| |||||||
1 | be issued multiple times to a visiting physician under | ||||||
2 | this paragraph (3) as long as the total number of days it | ||||||
3 | is active do not exceed 180 days within a 365-day period.
| ||||||
4 | (4) The applicant for a temporary visiting physician | ||||||
5 | permit may be
required to appear before the Licensing | ||||||
6 | Board for an interview
prior to, and as a requirement for, | ||||||
7 | the issuance of a temporary visiting
physician permit.
| ||||||
8 | (5) A limited temporary visiting physician permit | ||||||
9 | shall be issued to a
physician licensed in another state | ||||||
10 | who has been requested to perform emergency
procedures in | ||||||
11 | Illinois if he or she meets the requirements as | ||||||
12 | established by
rule.
| ||||||
13 | (C) Visiting resident permit.
| ||||||
14 | (1) The Department may, in its discretion, issue a | ||||||
15 | temporary visiting
resident permit, without examination, | ||||||
16 | provided:
| ||||||
17 | (a) (blank);
| ||||||
18 | (b) that the person maintains an equivalent | ||||||
19 | authorization to practice
medicine in all of its | ||||||
20 | branches or to practice the treatment of human
| ||||||
21 | ailments without the use of drugs and without | ||||||
22 | operative surgery in good
standing in his or her | ||||||
23 | native licensing jurisdiction during the period of
the | ||||||
24 | temporary visiting resident permit;
| ||||||
25 | (c) that the applicant is enrolled in a |
| |||||||
| |||||||
1 | postgraduate clinical training
program outside the | ||||||
2 | State of Illinois that is approved by the Department;
| ||||||
3 | (d) that the individual has been invited or | ||||||
4 | appointed for a specific
period of time to perform a | ||||||
5 | portion of that post graduate clinical training
| ||||||
6 | program under the supervision of an Illinois licensed | ||||||
7 | physician in an
Illinois patient care clinic or | ||||||
8 | facility that is affiliated with the
out-of-State post | ||||||
9 | graduate training program; and
| ||||||
10 | (e) that the temporary visiting resident permit | ||||||
11 | shall only permit the
holder to practice medicine in | ||||||
12 | all of its branches or practice the
treatment of human | ||||||
13 | ailments without the use of drugs and without | ||||||
14 | operative
surgery within the scope of the medical, | ||||||
15 | osteopathic, naturopathic, chiropractic , or
clinical | ||||||
16 | studies for which the holder was invited or appointed.
| ||||||
17 | (2) The application for the temporary visiting | ||||||
18 | resident permit shall be
made to the Department, in | ||||||
19 | writing, on forms prescribed by the Department,
and shall | ||||||
20 | be accompanied by the required fee established by rule. | ||||||
21 | The
application shall require information that, in the | ||||||
22 | judgment of the
Department, will enable the Department to | ||||||
23 | pass on the qualifications of
the applicant.
| ||||||
24 | (3) A temporary visiting resident permit shall be | ||||||
25 | valid for 180 days from
the date of issuance or until the | ||||||
26 | time the medical, osteopathic, naturopathic,
chiropractic, |
| |||||||
| |||||||
1 | or clinical studies are completed, whichever occurs first.
| ||||||
2 | (4) The applicant for a temporary visiting resident | ||||||
3 | permit may be
required to appear before the Licensing | ||||||
4 | Board for an interview
prior to, and as a requirement for, | ||||||
5 | the issuance of a temporary visiting
resident permit.
| ||||||
6 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
7 | (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
9 | Sec. 19. Licensure by endorsement. The Department may, in | ||||||
10 | its
discretion,
issue a license by endorsement to any person | ||||||
11 | who is currently licensed
to practice medicine in all of its | ||||||
12 | branches, a naturopathic physician,
or a chiropractic | ||||||
13 | physician, in any other state,
territory, country or province, | ||||||
14 | upon the following
conditions and submitting evidence | ||||||
15 | satisfactory to the Department of the following:
| ||||||
16 | (A) (Blank);
| ||||||
17 | (B) That the applicant is of good moral character. In
| ||||||
18 | determining moral character under this Section, the
| ||||||
19 | Department may take into consideration whether the | ||||||
20 | applicant
has engaged in conduct or activities which would | ||||||
21 | constitute
grounds for discipline under this Act. The | ||||||
22 | Department may
also request the applicant to submit, and | ||||||
23 | may consider as
evidence of moral character, endorsements | ||||||
24 | from 2 or 3
individuals licensed under this Act;
| ||||||
25 | (C) That the applicant is physically, mentally and
|
| |||||||
| |||||||
1 | professionally capable of practicing medicine with
| ||||||
2 | reasonable judgment, skill and safety. In determining
| ||||||
3 | physical, mental and professional capacity under this
| ||||||
4 | Section the Licensing Board may, upon a showing of
a | ||||||
5 | possible incapacity, compel an applicant to submit to a
| ||||||
6 | mental or physical examination and evaluation, or both, in | ||||||
7 | the same manner as provided in Section 22 and may | ||||||
8 | condition
or restrict any license, subject to the same | ||||||
9 | terms and
conditions as are provided for the Disciplinary
| ||||||
10 | Board under Section 22 of this Act.
| ||||||
11 | (D) That if the applicant seeks to practice medicine
| ||||||
12 | in all of its branches:
| ||||||
13 | (1) if the applicant was licensed in another | ||||||
14 | jurisdiction prior to
January
1,
1988, that the | ||||||
15 | applicant has satisfied the educational
requirements | ||||||
16 | of paragraph (1) of subsection (A) or paragraph (2) of
| ||||||
17 | subsection (A) of Section 11 of
this Act; or
| ||||||
18 | (2) if the applicant was licensed in another | ||||||
19 | jurisdiction after December
31,
1987, that the | ||||||
20 | applicant has
satisfied the educational requirements | ||||||
21 | of paragraph (A)(2)
of Section 11 of this Act; and
| ||||||
22 | (3) the requirements for a license to practice
| ||||||
23 | medicine in all of its branches in the particular | ||||||
24 | state,
territory, country or province in which the | ||||||
25 | applicant is
licensed are deemed by the Department to | ||||||
26 | have been
substantially equivalent to the requirements |
| |||||||
| |||||||
1 | for a license
to practice medicine in all of its | ||||||
2 | branches in force in this
State at the date of the | ||||||
3 | applicant's license;
| ||||||
4 | (E) That if the applicant seeks to treat human
| ||||||
5 | ailments without the use of drugs and without operative
| ||||||
6 | surgery:
| ||||||
7 | (1) the applicant is a graduate of a chiropractic | ||||||
8 | or naturopathic
school or college approved by the | ||||||
9 | Department at the time of
their graduation;
| ||||||
10 | (2) the requirements for the applicant's license | ||||||
11 | to
practice the treatment of human ailments without | ||||||
12 | the use of
drugs are deemed by the Department to have | ||||||
13 | been
substantially equivalent to the requirements for | ||||||
14 | a license
to practice in this State at the date of the | ||||||
15 | applicant's
license;
| ||||||
16 | (E-5) That if the applicant seeks to practice | ||||||
17 | naturopathic medicine: | ||||||
18 | (1) the applicant is a graduate of a naturopathic | ||||||
19 | school or college approved by the Department at the | ||||||
20 | time of
their graduation; and | ||||||
21 | (2) the requirements for the applicant's license | ||||||
22 | to
practice naturopathic medicine are deemed by the | ||||||
23 | Department to have been
substantially equivalent to | ||||||
24 | the requirements for a license
to practice in this | ||||||
25 | State at the date of the applicant's
license; | ||||||
26 | (F) That the Department may, in its discretion, issue |
| |||||||
| |||||||
1 | a
license by endorsement to any graduate of a
medical or | ||||||
2 | osteopathic college, reputable and
in good standing in the
| ||||||
3 | judgment of the Department, who has passed an examination
| ||||||
4 | for admission to the United States Public Health Service, | ||||||
5 | or
who has passed any other examination deemed by the
| ||||||
6 | Department to have been at least equal in all substantial
| ||||||
7 | respects to the examination required for admission to any
| ||||||
8 | such medical corps;
| ||||||
9 | (G) That applications for licenses by endorsement
| ||||||
10 | shall be filed with the Department, under oath, on forms
| ||||||
11 | prepared and furnished by the Department, and shall set
| ||||||
12 | forth, and applicants therefor shall supply such | ||||||
13 | information
respecting the life, education, professional | ||||||
14 | practice, and
moral character of applicants as the | ||||||
15 | Department may require
to be filed for its use;
| ||||||
16 | (H) That the applicant undergo
the criminal background | ||||||
17 | check established under Section 9.7 of this Act.
| ||||||
18 | In the exercise of its discretion under this Section,
the | ||||||
19 | Department is empowered to consider and evaluate each
| ||||||
20 | applicant on an individual basis. It may take into account,
| ||||||
21 | among other things: the extent to which the applicant will | ||||||
22 | bring unique experience and skills to the State of Illinois or | ||||||
23 | the extent to which there is or is not
available to the | ||||||
24 | Department authentic and definitive
information concerning the | ||||||
25 | quality of medical education and
clinical training which the | ||||||
26 | applicant has had. Under no
circumstances shall a license be |
| |||||||
| |||||||
1 | issued under the provisions
of this Section to any person who | ||||||
2 | 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 | ||||||
5 | require an applicant to successfully complete an examination | ||||||
6 | as recommended by the Licensing Board. The Department may
also | ||||||
7 | request the applicant to submit, and may consider as
evidence | ||||||
8 | of moral character, evidence from 2 or 3
individuals licensed | ||||||
9 | under this Act.
Applicants have 3 years from the date of | ||||||
10 | application to complete the
application process. If the | ||||||
11 | process has not been completed within 3 years, the
application | ||||||
12 | shall be denied, the fees shall be forfeited, and the | ||||||
13 | applicant
must reapply and meet the requirements in effect at | ||||||
14 | the time of
reapplication.
| ||||||
15 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
16 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
18 | Sec. 22. Disciplinary action.
| ||||||
19 | (A) The Department may revoke, suspend, place on | ||||||
20 | probation, reprimand, refuse to issue or renew, or take any | ||||||
21 | other disciplinary or non-disciplinary action as the | ||||||
22 | Department may deem proper
with regard to the license or | ||||||
23 | permit of any person issued
under this Act, including imposing | ||||||
24 | fines not to exceed $10,000 for each violation, upon any of the | ||||||
25 | following grounds:
|
| |||||||
| |||||||
1 | (1) (Blank).
| ||||||
2 | (2) (Blank).
| ||||||
3 | (3) A plea of guilty or nolo contendere, finding of | ||||||
4 | guilt, jury verdict, or entry of judgment or sentencing, | ||||||
5 | including, but not limited to, convictions, preceding | ||||||
6 | sentences of supervision, conditional discharge, or first | ||||||
7 | offender probation, under the laws of any jurisdiction of | ||||||
8 | the United States of any crime that is a felony.
| ||||||
9 | (4) Gross negligence in practice under this Act.
| ||||||
10 | (5) Engaging in dishonorable, unethical , or | ||||||
11 | unprofessional
conduct of a
character likely to deceive, | ||||||
12 | defraud or harm the public.
| ||||||
13 | (6) Obtaining any fee by fraud, deceit, or
| ||||||
14 | misrepresentation.
| ||||||
15 | (7) Habitual or excessive use or abuse of drugs | ||||||
16 | defined in law
as
controlled substances, of alcohol, or of | ||||||
17 | any other substances which results in
the inability to | ||||||
18 | practice with reasonable judgment, skill , or safety.
| ||||||
19 | (8) Practicing under a false or, except as provided by | ||||||
20 | law, an
assumed
name.
| ||||||
21 | (9) Fraud or misrepresentation in applying for, or | ||||||
22 | procuring, a
license
under this Act or in connection with | ||||||
23 | applying for renewal of a license under
this Act.
| ||||||
24 | (10) Making a false or misleading statement regarding | ||||||
25 | their
skill or the
efficacy or value of the medicine, | ||||||
26 | treatment, or remedy prescribed by them at
their direction |
| |||||||
| |||||||
1 | in the treatment of any disease or other condition of the | ||||||
2 | body
or mind.
| ||||||
3 | (11) Allowing another person or organization to use | ||||||
4 | their
license, procured
under this Act, to practice.
| ||||||
5 | (12) Adverse action taken by another state or | ||||||
6 | jurisdiction
against a license
or other authorization to | ||||||
7 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
8 | of osteopathic medicine , doctor of naturopathic medicine, | ||||||
9 | or
doctor of chiropractic, a certified copy of the record | ||||||
10 | of the action taken by
the other state or jurisdiction | ||||||
11 | being prima facie evidence thereof. This includes any | ||||||
12 | adverse action taken by a State or federal agency that | ||||||
13 | prohibits a medical doctor, doctor of osteopathy, doctor | ||||||
14 | of osteopathic medicine, or doctor of chiropractic from | ||||||
15 | providing services to the agency's participants.
| ||||||
16 | (13) Violation of any provision of this Act or of the | ||||||
17 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
18 | violation of the rules, or a final
administrative action | ||||||
19 | of the Secretary, after consideration of the
| ||||||
20 | recommendation of the Disciplinary Board.
| ||||||
21 | (14) Violation of the prohibition against fee | ||||||
22 | splitting in Section 22.2 of this Act.
| ||||||
23 | (15) A finding by the Disciplinary Board that the
| ||||||
24 | registrant after
having his or her license placed on | ||||||
25 | probationary status or subjected to
conditions or | ||||||
26 | restrictions violated the terms of the probation or failed |
| |||||||
| |||||||
1 | to
comply with such terms or conditions.
| ||||||
2 | (16) Abandonment of a patient.
| ||||||
3 | (17) Prescribing, selling, administering, | ||||||
4 | distributing, giving ,
or
self-administering any drug | ||||||
5 | classified as a controlled substance (designated
product) | ||||||
6 | or narcotic for other than medically accepted therapeutic
| ||||||
7 | purposes.
| ||||||
8 | (18) Promotion of the sale of drugs, devices, | ||||||
9 | appliances , or
goods provided
for a patient in such manner | ||||||
10 | as to exploit the patient for financial gain of
the | ||||||
11 | physician.
| ||||||
12 | (19) Offering, undertaking , or agreeing to cure or | ||||||
13 | treat
disease by a secret
method, procedure, treatment , or | ||||||
14 | medicine, or the treating, operating , or
prescribing for | ||||||
15 | any human condition by a method, means , or procedure which | ||||||
16 | the
licensee refuses to divulge upon demand of the | ||||||
17 | Department.
| ||||||
18 | (20) Immoral conduct in the commission of any act | ||||||
19 | including,
but not limited to, commission of an act of | ||||||
20 | sexual misconduct related to the
licensee's
practice.
| ||||||
21 | (21) Willfully making or filing false records or | ||||||
22 | reports in his
or her
practice as a physician, including, | ||||||
23 | but not limited to, false records to
support claims | ||||||
24 | against the medical assistance program of the Department | ||||||
25 | of Healthcare and Family Services (formerly Department of
| ||||||
26 | Public Aid)
under the Illinois Public Aid Code.
|
| |||||||
| |||||||
1 | (22) Willful omission to file or record, or willfully | ||||||
2 | impeding
the filing or
recording, or inducing another | ||||||
3 | person to omit to file or record, medical
reports as | ||||||
4 | required by law, or willfully failing to report an | ||||||
5 | instance of
suspected abuse or neglect as required by law.
| ||||||
6 | (23) Being named as a perpetrator in an indicated | ||||||
7 | report by
the Department
of Children and Family Services | ||||||
8 | under the Abused and Neglected Child Reporting
Act, and | ||||||
9 | upon proof by clear and convincing evidence that the | ||||||
10 | licensee has
caused a child to be an abused child or | ||||||
11 | neglected child as defined in the
Abused and Neglected | ||||||
12 | Child Reporting Act.
| ||||||
13 | (24) Solicitation of professional patronage by any
| ||||||
14 | corporation, agents or
persons, or profiting from those | ||||||
15 | representing themselves to be agents of the
licensee.
| ||||||
16 | (25) Gross and willful and continued overcharging for
| ||||||
17 | professional services,
including filing false statements | ||||||
18 | for collection of fees for which services are
not | ||||||
19 | rendered, including, but not limited to, filing such false | ||||||
20 | statements for
collection of monies for services not | ||||||
21 | rendered from the medical assistance
program of the | ||||||
22 | Department of Healthcare and Family Services (formerly | ||||||
23 | Department of Public Aid)
under the Illinois Public Aid
| ||||||
24 | Code.
| ||||||
25 | (26) A pattern of practice or other behavior which
| ||||||
26 | demonstrates
incapacity
or incompetence to practice under |
| |||||||
| |||||||
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) Willfully 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 |
| |||||||
| |||||||
1 | peer
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 | ||||||
8 | a
license or
authorization to practice as a medical | ||||||
9 | doctor, a doctor of osteopathy, a
doctor of osteopathic | ||||||
10 | medicine, a doctor of naturopathic medicine, or doctor
of | ||||||
11 | chiropractic in another state or jurisdiction, or | ||||||
12 | surrender of membership on
any medical staff or in any | ||||||
13 | medical or professional association or society,
while | ||||||
14 | under disciplinary investigation by any of those | ||||||
15 | authorities or bodies,
for acts or conduct similar to acts | ||||||
16 | or conduct which would constitute grounds
for action as | ||||||
17 | defined in 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 | ||||||
21 | conduct which would constitute grounds for action as | ||||||
22 | defined in 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, |
| |||||||
| |||||||
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 | ||||||
8 | 1995.
| ||||||
9 | (41) Failure to establish and maintain records of | ||||||
10 | patient care and
treatment as required by this law.
| ||||||
11 | (42) Entering into an excessive number of written | ||||||
12 | collaborative
agreements with licensed advanced practice | ||||||
13 | registered nurses resulting in an inability to
adequately | ||||||
14 | collaborate.
| ||||||
15 | (43) Repeated failure to adequately collaborate with a | ||||||
16 | licensed advanced practice registered nurse. | ||||||
17 | (44) Violating the Compassionate Use of Medical | ||||||
18 | Cannabis Program Act.
| ||||||
19 | (45) Entering into an excessive number of written | ||||||
20 | collaborative agreements with licensed prescribing | ||||||
21 | psychologists resulting in an inability to adequately | ||||||
22 | collaborate. | ||||||
23 | (46) Repeated failure to adequately collaborate with a | ||||||
24 | licensed prescribing psychologist. | ||||||
25 | (47) Willfully failing to report an instance of | ||||||
26 | suspected abuse, neglect, financial exploitation, or |
| |||||||
| |||||||
1 | self-neglect of an eligible adult as defined in and | ||||||
2 | required by the Adult Protective Services Act. | ||||||
3 | (48) Being named as an abuser in a verified report by | ||||||
4 | the Department on Aging under the Adult Protective | ||||||
5 | Services Act, and upon proof by clear and convincing | ||||||
6 | evidence that the licensee abused, neglected, or | ||||||
7 | financially exploited an eligible adult as defined in the | ||||||
8 | Adult Protective Services Act. | ||||||
9 | (49) Entering into an excessive number of written | ||||||
10 | collaborative agreements with licensed physician | ||||||
11 | assistants resulting in an inability to adequately | ||||||
12 | collaborate. | ||||||
13 | (50) Repeated failure to adequately collaborate with a | ||||||
14 | physician assistant. | ||||||
15 | Except
for actions involving the ground numbered (26), all | ||||||
16 | proceedings to suspend,
revoke, place on probationary status, | ||||||
17 | or take any
other disciplinary action as the Department may | ||||||
18 | deem proper, with regard to a
license on any of the foregoing | ||||||
19 | grounds, must be commenced within 5 years next
after receipt | ||||||
20 | by the Department of a complaint alleging the commission of or
| ||||||
21 | notice of the conviction order for any of the acts described | ||||||
22 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
23 | (29), no action shall be commenced more
than 10 years after the | ||||||
24 | date of the incident or act alleged to have violated
this | ||||||
25 | Section. For actions involving the ground numbered (26), a | ||||||
26 | pattern of practice or other behavior includes all incidents |
| |||||||
| |||||||
1 | alleged to be part of the pattern of practice or other behavior | ||||||
2 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
3 | received, within the 10-year period preceding the filing of | ||||||
4 | the complaint. In the event of the settlement of any claim or | ||||||
5 | cause of action
in favor of the claimant or the reduction to | ||||||
6 | final judgment of any civil action
in favor of the plaintiff, | ||||||
7 | such claim, cause of action , or civil action being
grounded on | ||||||
8 | the allegation that a person licensed under this Act was | ||||||
9 | negligent
in providing care, the Department shall have an | ||||||
10 | additional period of 2 years
from the date of notification to | ||||||
11 | the Department under Section 23 of this Act
of such settlement | ||||||
12 | or final judgment in which to investigate and
commence formal | ||||||
13 | disciplinary proceedings under Section 36 of this Act, except
| ||||||
14 | as otherwise provided by law. The time during which the holder | ||||||
15 | of the license
was outside the State of Illinois shall not be | ||||||
16 | included within any period of
time limiting the commencement | ||||||
17 | of disciplinary action by the Department.
| ||||||
18 | The entry of an order or judgment by any circuit court | ||||||
19 | establishing that any
person holding a license under this Act | ||||||
20 | is a person in need of mental treatment
operates as a | ||||||
21 | suspension of that license. That person may resume his or her | ||||||
22 | their
practice only upon the entry of a Departmental order | ||||||
23 | based upon a finding by
the Disciplinary Board that the person | ||||||
24 | has they have been determined to be recovered
from mental | ||||||
25 | illness by the court and upon the Disciplinary Board's
| ||||||
26 | recommendation that the person they be permitted to resume his |
| |||||||
| |||||||
1 | or her their practice.
| ||||||
2 | The Department may refuse to issue or take disciplinary | ||||||
3 | action concerning the license of any person
who fails to file a | ||||||
4 | return, or to pay the tax, penalty , or interest shown in a
| ||||||
5 | filed return, or to pay any final assessment of tax, penalty , | ||||||
6 | or interest, as
required by any tax Act administered by the | ||||||
7 | Illinois Department of Revenue,
until such time as the | ||||||
8 | requirements of any such tax Act are satisfied as
determined | ||||||
9 | by the Illinois Department of Revenue.
| ||||||
10 | The Department, upon the recommendation of the | ||||||
11 | Disciplinary Board, shall
adopt rules which set forth | ||||||
12 | standards to be used in determining:
| ||||||
13 | (a) when a person will be deemed sufficiently | ||||||
14 | rehabilitated to warrant the
public trust;
| ||||||
15 | (b) what constitutes dishonorable, unethical , or | ||||||
16 | unprofessional conduct of
a character likely to deceive, | ||||||
17 | defraud, or harm the public;
| ||||||
18 | (c) what constitutes immoral conduct in the commission | ||||||
19 | of any act,
including, but not limited to, commission of | ||||||
20 | an act of sexual misconduct
related
to the licensee's | ||||||
21 | practice; and
| ||||||
22 | (d) what constitutes gross negligence in the practice | ||||||
23 | of medicine.
| ||||||
24 | However, no such rule shall be admissible into evidence in | ||||||
25 | any civil action
except for review of a licensing or other | ||||||
26 | disciplinary action under this Act.
|
| |||||||
| |||||||
1 | In enforcing this Section, the Disciplinary Board or the | ||||||
2 | Licensing Board,
upon a showing of a possible violation, may | ||||||
3 | compel, in the case of the Disciplinary Board, any individual | ||||||
4 | who is licensed to
practice under this Act or holds a permit to | ||||||
5 | practice under this Act, or, in the case of the Licensing | ||||||
6 | Board, any individual who has applied for licensure or a | ||||||
7 | permit
pursuant to this Act, to submit to a mental or physical | ||||||
8 | examination and evaluation, or both,
which may include a | ||||||
9 | substance abuse or sexual offender evaluation, as required by | ||||||
10 | the Licensing Board or Disciplinary Board and at the expense | ||||||
11 | of the Department. The Disciplinary Board or Licensing Board | ||||||
12 | shall specifically designate the examining physician licensed | ||||||
13 | to practice medicine in all of its branches or, if applicable, | ||||||
14 | the multidisciplinary team involved in providing the mental or | ||||||
15 | physical examination and evaluation, or both. The | ||||||
16 | multidisciplinary team shall be led by a physician licensed to | ||||||
17 | practice medicine in all of its branches and may consist of one | ||||||
18 | or more or a combination of physicians licensed to practice | ||||||
19 | medicine in all of its branches, licensed chiropractic | ||||||
20 | physicians, licensed naturopathic physicians, licensed | ||||||
21 | clinical psychologists, licensed clinical social workers, | ||||||
22 | licensed clinical professional counselors, and other | ||||||
23 | professional and administrative staff. Any examining physician | ||||||
24 | or member of the multidisciplinary team may require any person | ||||||
25 | ordered to submit to an examination and evaluation pursuant to | ||||||
26 | this Section to submit to any additional supplemental testing |
| |||||||
| |||||||
1 | deemed necessary to complete any examination or evaluation | ||||||
2 | process, including, but not limited to, blood testing, | ||||||
3 | urinalysis, psychological testing, or neuropsychological | ||||||
4 | testing.
The Disciplinary Board, the Licensing Board, or the | ||||||
5 | Department may order the examining
physician or any member of | ||||||
6 | the multidisciplinary team to provide to the Department, the | ||||||
7 | Disciplinary Board, or the Licensing Board any and all | ||||||
8 | records, including business records, that relate to the | ||||||
9 | examination and evaluation, including any supplemental testing | ||||||
10 | performed. The Disciplinary Board, the Licensing Board, or the | ||||||
11 | Department may order the examining physician or any member of | ||||||
12 | the multidisciplinary team to present testimony concerning | ||||||
13 | this examination
and evaluation of the licensee, permit | ||||||
14 | holder, or applicant, including testimony concerning any | ||||||
15 | supplemental testing or documents relating to the examination | ||||||
16 | and evaluation. No information, report, record, or other | ||||||
17 | documents in any way related to the examination and evaluation | ||||||
18 | shall be excluded by reason of
any common
law or statutory | ||||||
19 | privilege relating to communication between the licensee, | ||||||
20 | permit holder, or
applicant and
the examining physician or any | ||||||
21 | member of the multidisciplinary team.
No authorization is | ||||||
22 | necessary from the licensee, permit holder, or applicant | ||||||
23 | ordered to undergo an evaluation and examination for the | ||||||
24 | examining physician or any member of the multidisciplinary | ||||||
25 | team to provide information, reports, records, or other | ||||||
26 | documents or to provide any testimony regarding the |
| |||||||
| |||||||
1 | examination and evaluation. The individual to be examined may | ||||||
2 | have, at his or her own expense, another
physician of his or | ||||||
3 | her choice present during all aspects of the examination.
| ||||||
4 | Failure of any individual to submit to mental or physical | ||||||
5 | examination and evaluation, or both, when
directed, shall | ||||||
6 | result in an automatic suspension, without hearing, until such | ||||||
7 | time
as the individual submits to the examination. If the | ||||||
8 | Disciplinary Board or Licensing Board finds a physician unable
| ||||||
9 | to practice following an examination and evaluation because of | ||||||
10 | the reasons set forth in this Section, the Disciplinary
Board | ||||||
11 | or Licensing Board shall require such physician to submit to | ||||||
12 | care, counseling, or treatment
by physicians, or other health | ||||||
13 | care professionals, approved or designated by the Disciplinary | ||||||
14 | Board, as a condition
for issued, continued, reinstated, or | ||||||
15 | renewed licensure to practice. Any physician,
whose license | ||||||
16 | was granted pursuant to Sections 9, 17, or 19 of this Act, or,
| ||||||
17 | continued, reinstated, renewed, disciplined or supervised, | ||||||
18 | subject to such
terms, conditions , or restrictions who shall | ||||||
19 | fail to comply with such terms,
conditions , or restrictions, | ||||||
20 | or to complete a required program of care,
counseling, or | ||||||
21 | treatment, as determined by the Chief Medical Coordinator or
| ||||||
22 | Deputy Medical Coordinators, shall be referred to the | ||||||
23 | Secretary for a
determination as to whether the licensee shall | ||||||
24 | have his or her their license suspended
immediately, pending a | ||||||
25 | hearing by the Disciplinary Board. In instances in
which the | ||||||
26 | Secretary immediately suspends a license under this Section, a |
| |||||||
| |||||||
1 | hearing
upon such person's license must be convened by the | ||||||
2 | Disciplinary Board within 15
days after such suspension and | ||||||
3 | completed without appreciable delay. The
Disciplinary Board | ||||||
4 | shall have the authority to review the subject physician's
| ||||||
5 | record of treatment and counseling regarding the impairment, | ||||||
6 | to the extent
permitted by applicable federal statutes and | ||||||
7 | regulations safeguarding the
confidentiality of medical | ||||||
8 | records.
| ||||||
9 | An individual licensed under this Act, affected under this | ||||||
10 | Section, shall be
afforded an opportunity to demonstrate to | ||||||
11 | the Disciplinary Board that he or she they can
resume practice | ||||||
12 | in compliance with acceptable and prevailing standards under
| ||||||
13 | the provisions of his or her their license.
| ||||||
14 | The Department may promulgate rules for the imposition of | ||||||
15 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
16 | violation of this Act. Fines
may be imposed in conjunction | ||||||
17 | with other forms of disciplinary action, but
shall not be the | ||||||
18 | exclusive disposition of any disciplinary action arising out
| ||||||
19 | of conduct resulting in death or injury to a patient. Any funds | ||||||
20 | collected from
such fines shall be deposited in the Illinois | ||||||
21 | State Medical Disciplinary Fund.
| ||||||
22 | All fines imposed under this Section shall be paid within | ||||||
23 | 60 days after the effective date of the order imposing the fine | ||||||
24 | or in accordance with the terms set forth in the order imposing | ||||||
25 | the fine. | ||||||
26 | (B) The Department shall revoke the license or
permit |
| |||||||
| |||||||
1 | issued under this Act to practice medicine , a naturopathic | ||||||
2 | physician, or a chiropractic physician who
has been convicted | ||||||
3 | a second time of committing any felony under the
Illinois | ||||||
4 | Controlled Substances Act or the Methamphetamine Control and | ||||||
5 | Community Protection Act, or who has been convicted a second | ||||||
6 | time of
committing a Class 1 felony under Sections 8A-3 and | ||||||
7 | 8A-6 of the Illinois Public
Aid Code. A person whose license or | ||||||
8 | permit is revoked
under
this subsection B shall be prohibited | ||||||
9 | from practicing
medicine or treating human ailments without | ||||||
10 | the use of drugs and without
operative surgery.
| ||||||
11 | (C) The Department shall not revoke, suspend, place on | ||||||
12 | probation, reprimand, refuse to issue or renew, or take any | ||||||
13 | other disciplinary or non-disciplinary action against the | ||||||
14 | license or permit issued under this Act to practice medicine | ||||||
15 | to a physician: | ||||||
16 | (1) based solely upon the recommendation of the | ||||||
17 | physician to an eligible patient regarding, or | ||||||
18 | prescription for, or treatment with, an investigational | ||||||
19 | drug, biological product, or device; or | ||||||
20 | (2) for experimental treatment for Lyme disease or | ||||||
21 | other tick-borne diseases, including, but not limited to, | ||||||
22 | the prescription of or treatment with long-term | ||||||
23 | antibiotics. | ||||||
24 | (D) The Disciplinary Board shall recommend to the
| ||||||
25 | Department civil
penalties and any other appropriate | ||||||
26 | discipline in disciplinary cases when the
Board finds that a |
| |||||||
| |||||||
1 | physician willfully performed an abortion with actual
| ||||||
2 | knowledge that the person upon whom the abortion has been | ||||||
3 | performed is a minor
or an incompetent person without notice | ||||||
4 | as required under the Parental Notice
of Abortion Act of 1995. | ||||||
5 | Upon the Board's recommendation, the Department shall
impose, | ||||||
6 | for the first violation, a civil penalty of $1,000 and for a | ||||||
7 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
8 | (Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18; | ||||||
9 | 100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff. | ||||||
10 | 1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363, | ||||||
11 | eff. 8-9-19; revised 9-20-19.)
| ||||||
12 | (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
14 | Sec. 24. Report of violations; medical associations. | ||||||
15 | (a) Any physician
licensed under this Act, the
Illinois | ||||||
16 | State Medical Society, the Illinois Association of
Osteopathic | ||||||
17 | Physicians and Surgeons, the Illinois
Chiropractic Society, | ||||||
18 | the Illinois Prairie State Chiropractic Association, the | ||||||
19 | Illinois Association of Naturopathic Physicians,
or any | ||||||
20 | component societies of any of
these 4 groups, and any other | ||||||
21 | person, may report to the
Disciplinary Board any information | ||||||
22 | the physician,
association, society, or person may have that | ||||||
23 | appears to
show that a physician is or may be in violation of | ||||||
24 | any of
the provisions of Section 22 of this Act.
| ||||||
25 | (b) The Department may enter into agreements with the
|
| |||||||
| |||||||
1 | Illinois State Medical Society, the Illinois Association of
| ||||||
2 | Osteopathic Physicians and Surgeons, the Illinois Prairie | ||||||
3 | State Chiropractic
Association, or the Illinois
Chiropractic | ||||||
4 | Society , or the Illinois Association of Naturopathic | ||||||
5 | Physicians to allow these
organizations to assist the | ||||||
6 | Disciplinary Board in the review
of alleged violations of this | ||||||
7 | Act. Subject to the approval
of the Department, any | ||||||
8 | organization party to such an
agreement may subcontract with | ||||||
9 | other individuals or
organizations to assist in review.
| ||||||
10 | (c) Any physician, association, society, or person
| ||||||
11 | participating in good faith in the making of a report under
| ||||||
12 | this Act or participating in or assisting with an
| ||||||
13 | investigation or review under this Act shall have
immunity | ||||||
14 | from any civil, criminal, or other liability that might result | ||||||
15 | by reason of those actions.
| ||||||
16 | (d) The medical information in the custody of an entity
| ||||||
17 | under contract with the Department participating in an
| ||||||
18 | investigation or review shall be privileged and confidential
| ||||||
19 | to the same extent as are information and reports under the
| ||||||
20 | provisions of Part 21 of Article VIII of the Code of Civil
| ||||||
21 | Procedure.
| ||||||
22 | (e) Upon request by the Department after a mandatory | ||||||
23 | report has been filed with the Department, an attorney for any | ||||||
24 | party seeking to recover damages for
injuries or death by | ||||||
25 | reason of medical, hospital, or other healing art
malpractice | ||||||
26 | shall provide patient records related to the physician |
| |||||||
| |||||||
1 | involved in the disciplinary proceeding to the Department | ||||||
2 | within 30 days of the Department's request for use by the | ||||||
3 | Department in any disciplinary matter under this Act. An | ||||||
4 | attorney who provides patient records to the Department in | ||||||
5 | accordance with this requirement shall not be deemed to have | ||||||
6 | violated any attorney-client privilege. Notwithstanding any | ||||||
7 | other provision of law, consent by a patient shall not be | ||||||
8 | required for the provision of patient records in accordance | ||||||
9 | with this requirement.
| ||||||
10 | (f) For the purpose of any civil or criminal proceedings,
| ||||||
11 | the good faith of any physician, association, society
or | ||||||
12 | person shall be presumed.
| ||||||
13 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
14 | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 33. Legend drugs. | ||||||
17 | (a) Any person licensed under this Act to practice | ||||||
18 | medicine in all
of its branches shall be authorized to | ||||||
19 | purchase legend drugs requiring an
order of a person | ||||||
20 | authorized to prescribe drugs, and to dispense such legend
| ||||||
21 | drugs in the regular course of practicing medicine. The | ||||||
22 | dispensing of such
legend drugs shall be the personal act of | ||||||
23 | the person licensed under this
Act and may not be delegated to | ||||||
24 | any other person not licensed under this
Act or the Pharmacy | ||||||
25 | Practice Act
unless such delegated
dispensing functions are |
| |||||||
| |||||||
1 | under the direct supervision of the physician
authorized to | ||||||
2 | dispense legend drugs. Except when dispensing manufacturers'
| ||||||
3 | samples or other legend drugs in a maximum 72 hour supply, | ||||||
4 | persons licensed
under this Act shall maintain a book or file | ||||||
5 | of prescriptions as required
in the Pharmacy Practice Act. Any | ||||||
6 | person licensed under this
Act who dispenses any drug or | ||||||
7 | medicine shall dispense such drug or
medicine in good faith | ||||||
8 | and shall affix to the box, bottle,
vessel or package | ||||||
9 | containing the same a label indicating (1)
the date on which | ||||||
10 | such drug or medicine is dispensed; (2)
the name of the | ||||||
11 | patient; (3) the last name of the person
dispensing such drug | ||||||
12 | or medicine; (4) the directions for use
thereof; and (5) the | ||||||
13 | proprietary name or names or, if there
are none, the | ||||||
14 | established name or names of the drug or
medicine, the dosage | ||||||
15 | and quantity, except as otherwise
authorized by regulation of | ||||||
16 | the Department.
| ||||||
17 | (b) The labeling requirements set forth in subsection (a) | ||||||
18 | shall
not apply to drugs or medicines in a package which bears | ||||||
19 | a label of the
manufacturer containing information describing | ||||||
20 | its contents
which is in compliance with requirements of the | ||||||
21 | Federal
Food, Drug, and Cosmetic Act and the Illinois Food, | ||||||
22 | Drug, and Cosmetic Act.
"Drug" and "medicine" have the | ||||||
23 | meanings ascribed to them in the Pharmacy Practice
Act, as now | ||||||
24 | or hereafter amended; "good faith" has the meaning
ascribed to | ||||||
25 | it in subsection (u) of Section 102 of the Illinois Controlled
| ||||||
26 | Substances Act.
|
| |||||||
| |||||||
1 | (c) Prior to dispensing a prescription to a patient, the | ||||||
2 | physician shall
offer a written prescription to the patient | ||||||
3 | which the patient may elect to
have filled by the physician or | ||||||
4 | any licensed pharmacy.
| ||||||
5 | (d) A violation of any provision of this Section shall | ||||||
6 | constitute a violation
of this Act and shall be grounds for | ||||||
7 | disciplinary action provided for in
this Act.
| ||||||
8 | (e) Nothing in this Section shall be construed to | ||||||
9 | authorize a chiropractic physician or naturopathic physician | ||||||
10 | to prescribe drugs. | ||||||
11 | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| ||||||
12 | (225 ILCS 60/34) (from Ch. 111, par. 4400-34)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
14 | Sec. 34.
The provisions of this Act shall not be so
| ||||||
15 | construed nor shall they be so administered as to
discriminate | ||||||
16 | against any type or category of physician or
against any | ||||||
17 | medical, osteopathic , naturopathic, or chiropractic college.
| ||||||
18 | (Source: P.A. 85-4 .)
| ||||||
19 | Section 25. The Patients' Right to Know Act is amended by | ||||||
20 | changing Section 5 as follows:
| ||||||
21 | (225 ILCS 61/5)
| ||||||
22 | Sec. 5. Definitions. For purposes of this Act, the
| ||||||
23 | following definitions shall have the following meanings,
|
| |||||||
| |||||||
1 | except where the context requires otherwise: | ||||||
2 | "Department" means the Department of Financial and | ||||||
3 | Professional Regulation. | ||||||
4 | "Disciplinary Board" means the Medical Disciplinary
Board. | ||||||
5 | "Physician" means a person licensed under the
Medical | ||||||
6 | Practice Act of 1987 to practice medicine in all of its
| ||||||
7 | branches , a naturopathic physician, or a chiropractic | ||||||
8 | physician licensed to treat human
ailments without the use of | ||||||
9 | drugs and without
operative surgery. | ||||||
10 | "Secretary" means the Secretary of the Department of | ||||||
11 | Financial and Professional Regulation.
| ||||||
12 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
13 | Section 30. The Naprapathic Practice Act is amended by | ||||||
14 | changing Sections 25 and 110 as follows:
| ||||||
15 | (225 ILCS 63/25)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
17 | Sec. 25. Title and designation of licensed naprapaths. | ||||||
18 | Every person
to whom a valid existing license as a naprapath | ||||||
19 | has been issued under this
Act shall be designated | ||||||
20 | professionally a "naprapath", and not otherwise,
and any | ||||||
21 | licensed naprapath may, in connection with the
practice of
his | ||||||
22 | profession, use the title or designation of "naprapath", and, | ||||||
23 | if
entitled by degree from a college or university recognized | ||||||
24 | by the
Department, may use the title of "Doctor of
Naprapathy" |
| |||||||
| |||||||
1 | or the abbreviation "D.N.". When the name of the licensed
| ||||||
2 | naprapath is used professionally in oral, written, or
printed
| ||||||
3 | announcements, professional cards, or publications for the | ||||||
4 | information of
the public and is preceded by the title | ||||||
5 | "Doctor" or the abbreviation
"Dr.", the explanatory | ||||||
6 | designation of "naprapath", "naprapathy", "Doctor of
| ||||||
7 | Naprapathy", or the designation "D.N." shall be added | ||||||
8 | immediately following
title and name. When the announcement, | ||||||
9 | professional cards, or
publication is in writing or in print, | ||||||
10 | the explanatory addition shall be
in writing, type, or print | ||||||
11 | not less than 1/2 the size of that used in the
name and title. | ||||||
12 | No person other than the holder of a valid existing
license | ||||||
13 | under this Act shall use the title and designation of "Doctor | ||||||
14 | of
Naprapathy", "D.N.", or "naprapath", either directly or | ||||||
15 | indirectly, in
connection with his or her profession or | ||||||
16 | business.
| ||||||
17 | A naprapath licensed under this Act shall not hold himself | ||||||
18 | or herself
out as a Doctor of Chiropractic or a Doctor of | ||||||
19 | Naturopathic Medicine unless he or she is licensed as a Doctor | ||||||
20 | of
Chiropractic or Doctor of Naturopathic Medicine under the | ||||||
21 | Medical Practice Act of 1987 or any successor Act.
| ||||||
22 | (Source: P.A. 97-778, eff. 7-13-12.)
| ||||||
23 | (225 ILCS 63/110)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
25 | Sec. 110. Grounds for disciplinary action; refusal, |
| |||||||
| |||||||
1 | revocation,
suspension. | ||||||
2 | (a) The Department may refuse to issue or to renew, or may | ||||||
3 | revoke, suspend,
place on probation, reprimand or take other | ||||||
4 | disciplinary or non-disciplinary action as
the
Department may | ||||||
5 | deem appropriate, including imposing fines not to exceed | ||||||
6 | $10,000 for each
violation, with regard to any licensee or | ||||||
7 | license for any one or
combination of
the
following causes:
| ||||||
8 | (1) Violations of this Act or of rules adopted under | ||||||
9 | this Act.
| ||||||
10 | (2) Material misstatement in furnishing information to | ||||||
11 | the Department.
| ||||||
12 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
13 | finding of guilt, jury verdict, or entry of judgment, or | ||||||
14 | by sentencing of any crime, including, but not limited to, | ||||||
15 | convictions, preceding sentences of supervision, | ||||||
16 | conditional discharge, or first offender probation, under | ||||||
17 | the laws of any jurisdiction of the United States: (i) | ||||||
18 | that is a felony or (ii) that is a misdemeanor, an | ||||||
19 | essential element of which is dishonesty, or that is | ||||||
20 | directly related to the practice of the profession.
| ||||||
21 | (4) Fraud or any misrepresentation in applying for or | ||||||
22 | procuring a license under this Act or in connection with | ||||||
23 | applying for renewal of a license under this Act.
| ||||||
24 | (5) Professional incompetence or gross negligence.
| ||||||
25 | (6) Malpractice.
| ||||||
26 | (7) Aiding or assisting another person in violating |
| |||||||
| |||||||
1 | any
provision of
this Act or its rules.
| ||||||
2 | (8) Failing to provide information within 60 days in | ||||||
3 | response
to a
written request made by the Department.
| ||||||
4 | (9) Engaging in dishonorable, unethical, or | ||||||
5 | unprofessional
conduct of a
character likely to deceive, | ||||||
6 | defraud, or harm the public.
| ||||||
7 | (10) Habitual or excessive use or abuse of drugs | ||||||
8 | defined in law as controlled substances, alcohol, or any | ||||||
9 | other substance which results in the
inability to practice | ||||||
10 | with reasonable judgment, skill, or safety.
| ||||||
11 | (11) Discipline by another U.S. jurisdiction or | ||||||
12 | foreign
nation if at
least one of the grounds for the | ||||||
13 | discipline is the same or substantially
equivalent to | ||||||
14 | those set forth in this Act.
| ||||||
15 | (12) Directly or indirectly giving to or receiving | ||||||
16 | from any
person, firm,
corporation, partnership, or | ||||||
17 | association any fee, commission, rebate, or
other form of | ||||||
18 | compensation for any professional services not actually or
| ||||||
19 | personally rendered. This shall not be deemed to include | ||||||
20 | rent or other
remunerations paid to an individual, | ||||||
21 | partnership, or corporation by a
naprapath for the lease, | ||||||
22 | rental, or use of space, owned or controlled by
the | ||||||
23 | individual, partnership, corporation, or association. | ||||||
24 | Nothing in this paragraph (12) affects any bona fide | ||||||
25 | independent contractor or employment arrangements among | ||||||
26 | health care professionals, health facilities, health care |
| |||||||
| |||||||
1 | providers, or other entities, except as otherwise | ||||||
2 | prohibited by law. Any employment arrangements may include | ||||||
3 | provisions for compensation, health insurance, pension, or | ||||||
4 | other employment benefits for the provision of services | ||||||
5 | within the scope of the licensee's practice under this | ||||||
6 | Act. Nothing in this paragraph (12) shall be construed to | ||||||
7 | require an employment arrangement to receive professional | ||||||
8 | fees for services rendered.
| ||||||
9 | (13) Using the title "Doctor" or its abbreviation | ||||||
10 | without further
clarifying that title or abbreviation with | ||||||
11 | the word "naprapath" or "naprapathy"
or the designation | ||||||
12 | "D.N.".
| ||||||
13 | (14) A finding by the Department that the licensee, | ||||||
14 | after
having his
or her license placed on probationary | ||||||
15 | status, has violated the terms of
probation.
| ||||||
16 | (15) Abandonment of a patient without cause.
| ||||||
17 | (16) Willfully making or filing false records or | ||||||
18 | reports
relating to a licensee's
practice, including but | ||||||
19 | not limited to, false records filed with State
agencies or | ||||||
20 | departments.
| ||||||
21 | (17) Willfully failing to report an instance of | ||||||
22 | suspected
child abuse or
neglect as required by the Abused | ||||||
23 | and Neglected Child Reporting Act.
| ||||||
24 | (18) Physical or mental illness or disability, | ||||||
25 | including, but not limited to,
deterioration
through the | ||||||
26 | aging process or loss of motor skill that results in the
|
| |||||||
| |||||||
1 | inability to practice the profession with reasonable | ||||||
2 | judgment, skill,
or safety.
| ||||||
3 | (19) Solicitation of professional services by means | ||||||
4 | other
than
permitted advertising.
| ||||||
5 | (20) Failure to provide a patient with a copy of his or | ||||||
6 | her
record
upon the written request of the patient.
| ||||||
7 | (21) Cheating on or attempting to subvert the | ||||||
8 | licensing examination administered under this Act.
| ||||||
9 | (22) Allowing one's license under this Act to be used | ||||||
10 | by an unlicensed person in violation of this Act.
| ||||||
11 | (23) (Blank).
| ||||||
12 | (24) Being named as a perpetrator in an indicated | ||||||
13 | report by
the
Department of Children and Family Services | ||||||
14 | under the Abused and Neglected
Child Reporting Act and | ||||||
15 | upon proof by clear and convincing evidence that the
| ||||||
16 | licensee has caused a child to be an abused child or a | ||||||
17 | neglected child as
defined in the Abused and Neglected | ||||||
18 | Child Reporting Act.
| ||||||
19 | (25) Practicing under a false or, except as provided | ||||||
20 | by law, an assumed name.
| ||||||
21 | (26) Immoral conduct in the commission of any act, | ||||||
22 | such as
sexual abuse,
sexual misconduct, or sexual | ||||||
23 | exploitation, related to the licensee's practice.
| ||||||
24 | (27) Maintaining a professional relationship with any | ||||||
25 | person,
firm, or
corporation when the naprapath knows, or | ||||||
26 | should know, that the person,
firm, or corporation is |
| |||||||
| |||||||
1 | violating this Act.
| ||||||
2 | (28) Promotion of the sale of food supplements, | ||||||
3 | devices,
appliances, or
goods provided for a client or | ||||||
4 | patient in such manner as to exploit the
patient or client | ||||||
5 | for financial gain of the licensee.
| ||||||
6 | (29) Having treated ailments of human beings other | ||||||
7 | than by
the
practice of naprapathy as defined in this Act, | ||||||
8 | or having treated ailments
of human beings as a licensed | ||||||
9 | naprapath independent of a documented
referral or | ||||||
10 | documented current and relevant diagnosis from a | ||||||
11 | physician,
dentist, or podiatric physician, or having | ||||||
12 | failed to notify the physician, dentist,
or podiatric | ||||||
13 | physician who established a documented current and | ||||||
14 | relevant
diagnosis that the patient is receiving | ||||||
15 | naprapathic treatment pursuant to
that diagnosis.
| ||||||
16 | (30) Use by a registered naprapath of the word | ||||||
17 | "infirmary",
"hospital",
"school", "university", in | ||||||
18 | English or any other language, in connection
with the | ||||||
19 | place where naprapathy may be practiced or demonstrated.
| ||||||
20 | (31) Continuance of a naprapath in the employ of any | ||||||
21 | person,
firm, or
corporation, or as an assistant to any | ||||||
22 | naprapath or naprapaths, directly or
indirectly, after his | ||||||
23 | or her employer or superior has been found guilty of
| ||||||
24 | violating or has been enjoined from violating the laws of | ||||||
25 | the State of
Illinois relating to the practice of | ||||||
26 | naprapathy when the employer or
superior persists in that |
| |||||||
| |||||||
1 | violation.
| ||||||
2 | (32) The performance of naprapathic service in | ||||||
3 | conjunction
with a scheme
or plan with another person, | ||||||
4 | firm, or corporation known to be advertising in
a manner | ||||||
5 | contrary to this Act or otherwise violating the laws of | ||||||
6 | the State
of Illinois concerning the practice of | ||||||
7 | naprapathy.
| ||||||
8 | (33) Failure to provide satisfactory proof of having
| ||||||
9 | participated in
approved continuing education programs as | ||||||
10 | determined by and
approved by the Secretary. Exceptions | ||||||
11 | for extreme hardships are to be
defined by the rules of the | ||||||
12 | Department.
| ||||||
13 | (34) (Blank).
| ||||||
14 | (35) Gross or willful overcharging for
professional | ||||||
15 | services.
| ||||||
16 | (36) (Blank).
| ||||||
17 | All fines imposed under this Section shall be paid within | ||||||
18 | 60 days after the effective date of the order imposing the | ||||||
19 | fine. | ||||||
20 | (b) The Department may refuse to issue or may suspend | ||||||
21 | without hearing, as provided for in the Department of | ||||||
22 | Professional Regulation Law of the Civil Administrative Code, | ||||||
23 | the license of any person who fails to file a return, or pay | ||||||
24 | the tax, penalty, or interest shown in a filed return, or pay | ||||||
25 | any final assessment of the tax, penalty, or interest as | ||||||
26 | required by any tax Act administered by the Illinois |
| |||||||
| |||||||
1 | Department of Revenue, until such time as the requirements of | ||||||
2 | any such tax Act are satisfied in accordance with subsection | ||||||
3 | (g) of Section 2105-15 of the Department of Professional | ||||||
4 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
5 | (c) (Blank). | ||||||
6 | (d) In cases where the Department of Healthcare and Family | ||||||
7 | Services has previously determined a licensee or a potential | ||||||
8 | licensee is more than 30 days delinquent in the payment of | ||||||
9 | child support and has subsequently certified the delinquency | ||||||
10 | to the Department, the Department may refuse to issue or renew | ||||||
11 | or may revoke or suspend that person's license or may take | ||||||
12 | other disciplinary action against that person based solely | ||||||
13 | upon the certification of delinquency made by the Department | ||||||
14 | of Healthcare and Family Services in accordance with item (5) | ||||||
15 | of subsection (a) of Section 2105-15 of the Department of | ||||||
16 | Professional Regulation Law of the Civil Administrative Code | ||||||
17 | of Illinois. | ||||||
18 | (e) The determination by a circuit court that a licensee | ||||||
19 | is subject to involuntary admission or judicial admission, as | ||||||
20 | provided in the Mental Health and Developmental Disabilities | ||||||
21 | Code, operates as an automatic suspension. The suspension | ||||||
22 | shall end only upon a finding by a court that the patient is no | ||||||
23 | longer subject to involuntary admission or judicial admission | ||||||
24 | and the issuance of an order so finding and discharging the | ||||||
25 | patient. | ||||||
26 | (f) In enforcing this Act, the Department, upon a showing |
| |||||||
| |||||||
1 | of a possible violation, may compel an individual licensed to | ||||||
2 | practice under this Act, or who has applied for licensure | ||||||
3 | under this Act, to submit to a mental or physical examination | ||||||
4 | and evaluation, or both, which may include a substance abuse | ||||||
5 | or sexual offender evaluation, as required by and at the | ||||||
6 | expense of the Department. The Department shall specifically | ||||||
7 | designate the examining physician licensed to practice | ||||||
8 | medicine in all of its branches or, if applicable, the | ||||||
9 | multidisciplinary team involved in providing the mental or | ||||||
10 | physical examination and evaluation, or both. The | ||||||
11 | multidisciplinary team shall be led by a physician licensed to | ||||||
12 | practice medicine in all of its branches and may consist of one | ||||||
13 | or more or a combination of physicians licensed to practice | ||||||
14 | medicine in all of its branches, licensed chiropractic | ||||||
15 | physicians, licensed naturopathic physicians, licensed | ||||||
16 | clinical psychologists, licensed clinical social workers, | ||||||
17 | licensed clinical professional counselors, and other | ||||||
18 | professional and administrative staff. Any examining physician | ||||||
19 | or member of the multidisciplinary team may require any person | ||||||
20 | ordered to submit to an examination and evaluation pursuant to | ||||||
21 | this Section to submit to any additional supplemental testing | ||||||
22 | deemed necessary to complete any examination or evaluation | ||||||
23 | process, including, but not limited to, blood testing, | ||||||
24 | urinalysis, psychological testing, or neuropsychological | ||||||
25 | testing. | ||||||
26 | The Department may order the examining physician or any |
| |||||||
| |||||||
1 | member of the multidisciplinary team to provide to the | ||||||
2 | Department any and all records including business records that | ||||||
3 | relate to the examination and evaluation, including any | ||||||
4 | supplemental testing performed. The Department may order the | ||||||
5 | examining physician or any member of the multidisciplinary | ||||||
6 | team to present testimony concerning the examination and | ||||||
7 | evaluation of the licensee or applicant, including testimony | ||||||
8 | concerning any supplemental testing or documents in any way | ||||||
9 | related to the examination and evaluation. No information, | ||||||
10 | report, record, or other documents in any way related to the | ||||||
11 | examination and evaluation shall be excluded by reason of any | ||||||
12 | common law or statutory privilege relating to communications | ||||||
13 | between the licensee or applicant and the examining physician | ||||||
14 | or any member of the multidisciplinary team. No authorization | ||||||
15 | is necessary from the licensee or applicant ordered to undergo | ||||||
16 | an evaluation and examination for the examining physician or | ||||||
17 | any member of the multidisciplinary team to provide | ||||||
18 | information, reports, records, or other documents or to | ||||||
19 | provide any testimony regarding the examination and | ||||||
20 | evaluation. The individual to be examined may have, at his or | ||||||
21 | her own expense, another physician of his or her choice | ||||||
22 | present during all aspects of this examination. Failure of an | ||||||
23 | individual to submit to a mental or physical examination and | ||||||
24 | evaluation, or both, when directed, shall result in an | ||||||
25 | automatic suspension without hearing, until such time as the | ||||||
26 | individual submits to the examination. |
| |||||||
| |||||||
1 | A person holding a license under this Act or who has | ||||||
2 | applied for a license under this Act who, because of a physical | ||||||
3 | or mental illness or disability, including, but not limited | ||||||
4 | to, deterioration through the aging process or loss of motor | ||||||
5 | skill, is unable to practice the profession with reasonable | ||||||
6 | judgment, skill, or safety, may be required by the Department | ||||||
7 | to submit to care, counseling, or treatment by physicians | ||||||
8 | approved or designated by the Department as a condition, term, | ||||||
9 | or restriction for continued, reinstated, or renewed licensure | ||||||
10 | to practice. Submission to care, counseling, or treatment as | ||||||
11 | required by the Department shall not be considered discipline | ||||||
12 | of a license. If the licensee refuses to enter into a care, | ||||||
13 | counseling, or treatment agreement or fails to abide by the | ||||||
14 | terms of the agreement, the Department may file a complaint to | ||||||
15 | revoke, suspend, or otherwise discipline the license of the | ||||||
16 | individual. The Secretary may order the license suspended | ||||||
17 | immediately, pending a hearing by the Department. Fines shall | ||||||
18 | not be assessed in disciplinary actions involving physical or | ||||||
19 | mental illness or impairment. | ||||||
20 | In instances in which the Secretary immediately suspends a | ||||||
21 | person's license under this Section, a hearing on that | ||||||
22 | person's license must be convened by the Department within 15 | ||||||
23 | days after the suspension and completed without appreciable | ||||||
24 | delay. The Department shall have the authority to review the | ||||||
25 | subject individual's record of treatment and counseling | ||||||
26 | regarding the impairment to the extent permitted by applicable |
| |||||||
| |||||||
1 | federal statutes and regulations safeguarding the | ||||||
2 | confidentiality of medical records. | ||||||
3 | An individual licensed under this Act and affected under | ||||||
4 | this Section shall be afforded an opportunity to demonstrate | ||||||
5 | to the Department that he or she can resume practice in | ||||||
6 | compliance with acceptable and prevailing standards under the | ||||||
7 | provisions of his or her license.
| ||||||
8 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
9 | Section 35. The Illinois Physical Therapy Act is amended | ||||||
10 | by changing Section 1 as follows:
| ||||||
11 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2026)
| ||||||
13 | Sec. 1. Definitions. As used in this Act:
| ||||||
14 | (1) "Physical therapy" means all of the following: | ||||||
15 | (A) Examining, evaluating, and testing individuals who | ||||||
16 | may have mechanical, physiological, or developmental | ||||||
17 | impairments, functional limitations, disabilities, or | ||||||
18 | other health and movement-related conditions, classifying | ||||||
19 | these disorders, determining a rehabilitation prognosis | ||||||
20 | and plan of therapeutic intervention, and assessing the | ||||||
21 | ongoing effects of the interventions. | ||||||
22 | (B) Alleviating impairments, functional limitations, | ||||||
23 | or disabilities by designing, implementing, and modifying | ||||||
24 | therapeutic interventions that may include, but are not |
| |||||||
| |||||||
1 | limited to, the evaluation or treatment of a person | ||||||
2 | through the use of the effective properties of physical | ||||||
3 | measures and heat, cold, light, water, radiant energy, | ||||||
4 | electricity, sound, and air and use of therapeutic | ||||||
5 | massage, therapeutic exercise, mobilization, and | ||||||
6 | rehabilitative procedures, with or without assistive | ||||||
7 | devices, for the purposes of preventing, correcting, or | ||||||
8 | alleviating a physical or mental impairment, functional | ||||||
9 | limitation, or disability. | ||||||
10 | (C) Reducing the risk of injury, impairment, | ||||||
11 | functional limitation, or disability, including the | ||||||
12 | promotion and maintenance of fitness, health, and | ||||||
13 | wellness. | ||||||
14 | (D) Engaging in administration, consultation, | ||||||
15 | education, and research.
| ||||||
16 | "Physical therapy"
includes, but is not limited to: (a) | ||||||
17 | performance
of specialized tests and measurements, (b) | ||||||
18 | administration of specialized
treatment procedures, (c) | ||||||
19 | interpretation of referrals from physicians, dentists, | ||||||
20 | advanced practice registered nurses, physician assistants,
and | ||||||
21 | podiatric physicians, (d) establishment, and modification of | ||||||
22 | physical therapy
treatment programs, (e) administration of | ||||||
23 | topical medication used in generally
accepted physical therapy | ||||||
24 | procedures when such medication is either prescribed
by the | ||||||
25 | patient's physician, licensed to practice medicine in all its | ||||||
26 | branches,
the patient's physician licensed to practice |
| |||||||
| |||||||
1 | podiatric medicine, the patient's advanced practice registered | ||||||
2 | nurse, the patient's physician assistant, or the
patient's | ||||||
3 | dentist or used following the physician's orders or written | ||||||
4 | instructions, (f) supervision or teaching of physical therapy, | ||||||
5 | and (g) dry needling in accordance with Section 1.5.
"Physical | ||||||
6 | therapy" does not include radiology, electrosurgery, | ||||||
7 | chiropractic
technique , naturopathic technique, or | ||||||
8 | determination of a differential
diagnosis; provided, however,
| ||||||
9 | the limitation on determining a differential diagnosis shall | ||||||
10 | not in any
manner limit a physical therapist licensed under | ||||||
11 | this Act from performing
an evaluation and establishing a | ||||||
12 | physical therapy treatment plan pursuant to such license. | ||||||
13 | Nothing in this Section shall limit
a physical therapist from | ||||||
14 | employing appropriate physical therapy techniques
that he or | ||||||
15 | she is educated and licensed to perform.
| ||||||
16 | (2) "Physical therapist" means a person who practices | ||||||
17 | physical therapy
and who has met all requirements as provided | ||||||
18 | in this Act.
| ||||||
19 | (3) "Department" means the Department of Professional | ||||||
20 | Regulation.
| ||||||
21 | (4) "Director" means the Director of Professional | ||||||
22 | Regulation.
| ||||||
23 | (5) "Board" means the Physical Therapy Licensing and | ||||||
24 | Disciplinary Board approved
by the Director.
| ||||||
25 | (6) "Referral" means a written or oral authorization for | ||||||
26 | physical therapy services for a patient by a physician, |
| |||||||
| |||||||
1 | dentist, advanced practice registered nurse, physician | ||||||
2 | assistant, or podiatric physician who maintains medical | ||||||
3 | supervision of the patient and makes a diagnosis or verifies | ||||||
4 | that the patient's condition is such that it may be treated by | ||||||
5 | a physical therapist.
| ||||||
6 | (7) (Blank).
| ||||||
7 | (8) "State" includes:
| ||||||
8 | (a) the states of the United States of America;
| ||||||
9 | (b) the District of Columbia; and
| ||||||
10 | (c) the Commonwealth of Puerto Rico.
| ||||||
11 | (9) "Physical therapist assistant" means a person licensed | ||||||
12 | to assist a
physical therapist and who has met all | ||||||
13 | requirements as provided in this Act
and who works under the | ||||||
14 | supervision of a licensed physical therapist to assist
in | ||||||
15 | implementing the physical therapy treatment program as | ||||||
16 | established by the
licensed physical therapist. The patient | ||||||
17 | care activities provided by the
physical therapist assistant | ||||||
18 | shall not include the interpretation of referrals,
evaluation | ||||||
19 | procedures, or the planning or major modification of patient | ||||||
20 | programs.
| ||||||
21 | (10) "Physical therapy aide" means a person who has | ||||||
22 | received on
the job training, specific to the facility in | ||||||
23 | which he is employed.
| ||||||
24 | (11) "Advanced practice registered nurse" means a person | ||||||
25 | licensed as an advanced practice registered nurse under the | ||||||
26 | Nurse Practice Act. |
| |||||||
| |||||||
1 | (12) "Physician assistant" means a person licensed under | ||||||
2 | the Physician Assistant Practice Act of 1987.
| ||||||
3 | (13) "Health care professional" means a physician, | ||||||
4 | dentist, podiatric physician, advanced practice registered | ||||||
5 | nurse, or physician assistant. | ||||||
6 | (Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | ||||||
7 | 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | ||||||
8 | 8-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897, | ||||||
9 | eff. 8-16-18.)
| ||||||
10 | Section 40. The Health Care Arbitration Act is amended by | ||||||
11 | changing Section 2 as follows:
| ||||||
12 | (710 ILCS 15/2) (from Ch. 10, par. 202)
| ||||||
13 | Sec. 2. Definitions. As used in this Act:
| ||||||
14 | (a) "Health care provider" means a person, partnership, | ||||||
15 | corporation, or
other entity lawfully engaged in the practice | ||||||
16 | of medicine, surgery,
chiropractic, naturopathy,
dentistry, | ||||||
17 | podiatry, optometry, physical therapy or nursing.
| ||||||
18 | (b) "Hospital" means a person, partnership, corporation or | ||||||
19 | other entity
lawfully engaged in the operation or | ||||||
20 | administration of a hospital, clinic,
nursing home or | ||||||
21 | sanitarium.
| ||||||
22 | (c) "Supplier" means a person, corporation, partnership or | ||||||
23 | other entity
that has manufactured, designed, distributed, | ||||||
24 | sold, or otherwise provided
any medication, device, equipment, |
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1 | service, or other product used in the
diagnosis or treatment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | of a patient.
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3 | (d) "Health care arbitration agreement" or "agreement" | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | means a written
agreement between a patient and a hospital or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | health care provider to submit
to binding arbitration a claim | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | for damages arising out of (1) injuries alleged
to have been | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | received by a patient or (2) death of a patient, due to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | hospital
or health care provider negligence or other wrongful | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | act, but not including
intentional torts.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 90-655, eff. 7-30-98.)
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11 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law.
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