AUTHORITY: Implementing the Medical Practice Act of 1987 [225 ILCS 60] and the Patients' Right to Know Act [225 ILCS 61] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Adopted at 13 Ill. Reg. 483, effective December 29, 1988; emergency amendment at 13 Ill. Reg. 651, effective January 1, 1989, for a maximum of 150 days; emergency expired May 31, 1989; amended at 13 Ill. Reg. 10613, effective June 16, 1989; amended at 13 Ill. Reg. 10925, effective June 21, 1989; emergency amendment at 15 Ill. Reg. 7785, effective April 30, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 13365, effective September 3, 1991; amended at 15 Ill. Reg. 17724, effective November 26, 1991; amended at 17 Ill. Reg. 17191, effective September 27, 1993; expedited correction at 18 Ill. Reg. 312, effective September 27, 1993; amended at 20 Ill. Reg. 7888, effective May 30, 1996; amended at 22 Ill. Reg. 6985, effective April 6, 1998; amended at 22 Ill. Reg. 10580, effective June 1, 1998; amended at 24 Ill. Reg. 3620, effective February 15, 2000; amended at 24 Ill. Reg. 8348, effective June 5, 2000; amended at 26 Ill. Reg. 7243, effective April 26, 2002; amended at 28 Ill. Reg. 5857, effective March 29, 2004; amended at 29 Ill. Reg. 18823, effective November 4, 2005; amended at 31 Ill. Reg. 14069, effective September 24, 2007; amended at 33 Ill. Reg. 4971, effective March 19, 2009; emergency amendment at 35 Ill. Reg. 14564, effective August 12, 2011, for a maximum of 150 days; amended at 35 Ill. Reg. 19500, effective November 17, 2011; amended at 38 Ill. Reg. 15972, effective August 1, 2014; amended at 40 Ill. Reg. 3503, effective March 4, 2016; amended at 42 Ill. Reg. 12978, effective July 6, 2018.

SUBPART A: MEDICAL LICENSING, RENEWAL AND RESTORATION PROCEDURE

 

Section 1285.20  Six Year Post-Secondary Programs of Medical Education

 

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

 

a)         At least 2 academic years of a course of instruction in a college, university or other institution.

 

b)         At least 2 academic years of study in the basic medical sciences, which shall include formal instruction in at least the following subjects:

 

1)         anatomy;

 

2)         biochemistry;

 

3)         physiology;

 

4)         microbiology and immunology;

 

5)         pathology;

 

6)         pharmacology and therapeutics; and

 

7)         preventive medicine.

 

c)         The required basic science courses stated in subsection (b) must be taken and completed as part of a program of medical education taught at a medical school and shall not be accepted or co-validated from courses completed as a student in a secondary school, community college, or college of liberal arts and sciences at which degrees are earned prior to the commencement of the medical education program.

 

d)         At least 2 academic years of study in the clinical sciences, while enrolled in the medical college that conferred the degree, which shall include at least the following required core clerkship rotations:

 

1)         internal medicine;

 

2)         obstetrics and gynecology;

 

3)         pediatrics;

 

4)         psychiatry; and

 

5)         surgery.

 

e)         The core clerkship rotations must have been taken and completed in clinical teaching facilities owned, operated or formally affiliated with the medical college that conferred the degree or under contract in teaching facilities owned, operated or formally affiliated with another medical college that is officially recognized by the jurisdiction in which the medical school that conferred the degree is located.

 

f)         Each applicant for licensure who completed rotations in an affiliated teaching facility must submit a copy of each affiliation agreement between the medical college that conferred the degree and each clinical teaching facility in which a core clerkship rotation was completed.  The affiliation agreements to be considered valid pursuant to Section 11(A)(2)(a)(i) of the Act must:  

 

1)         be in writing;

 

2)         be dated;

 

3)         be fully executed by the administrator of the clinical teaching facility and the Dean of medical college;

 

4)         clearly define the rights and responsibilities of each party, including agreements on the role and authority of the governing bodies of both the clinical teaching facility and the medical college; and

 

5)         be substantiated by submission of an evaluation form completed by the supervising physician for each core clerkship rotation.

 

g)         Affidavit in Lieu of Affiliation Agreement

 

1)         If a written affiliation agreement does not exist, the Department of Financial and Professional Regulation-Division of Professional Regulation (the Division) shall accept, in lieu of the agreement, an affidavit signed by the current Dean of the medical college and an affidavit signed by the current medical director of the facility or director of medical education or program director of the clinical teaching facility that verifies the following:

 

A)        that a verbal affiliation agreement existed between the clinical teaching facility and the medical college at the time the core clerkship rotation was completed;

 

B)        that the applicant was authorized to complete the core clerkship rotation;

 

C)        that the core clerkship rotation was completed satisfactorily.

 

2)         The affidavits shall be substantiated by submission of the evaluation form completed by the supervising physician for each core clerkship rotation.

 

h)         For the purposes of this Section, "academic year" shall be defined as a minimum period of 9 months that includes no less than 25 clock hours per week of basic sciences as set forth in subsection (b) and no less than 40 clock hours per week of clinical sciences as set forth in subsection (d).

 

i)          Each clerkship shall be at least 4 weeks in length, shall consist of hands-on experience with patients that is planned, managed and supervised by faculty of the medical school conferring the degree, and shall be performed in accordance with all requirements of the jurisdiction in which it is completed. The 4 week psychiatry core clerkship rotation may be completed as follows: 2 weeks must be obtained formally and distinctly in psychiatry and the other 2 week requirement may be included in other clinical rotations as verified by the applicant's affidavit.

 

j)          Clinical teaching facilities are defined as those that meet or exceed the requirements of Section 1285.40 or that are part of a residency program accredited by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), the College of Family Physicians of Canada, the Royal College of Physicians and Surgeons of Canada or the Federation of Medical Licensing Authorities of Canada.

 

k)         In addition, if the applicant is a graduate of a medical college outside of the United States or Canada, he/she must hold a current certification, at the time of application for licensure/examination, from the Educational Commission for Foreign Medical Graduates (ECFMG).

 

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

 

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

 

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

 

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

 

Section 1285.30  Programs of Chiropractic Education

 

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

 

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

 

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

 

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

 

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

 

A)        Anatomy

 

i)          Embryology

 

ii)         Histology

 

iii)        Neuro-anatomy

 

B)        Physiology and Chemistry

 

C)        Pathology and Bacteriology

 

D)        Diagnosis

 

i)          Physical

 

ii)         Differential

 

iii)        Laboratory

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Section 1285.40  Approved Postgraduate Clinical Training Programs

 

a)         A hospital shall, in the judgment of the Division, be deemed approved for the post-graduate clinical training (clinical training) required for licensure if it meets the following standards:

 

1)         Contains at least the departments of internal medicine, surgery, obstetrics and pediatrics; and has an organized departmentalized staff, holding meetings monthly for case reviews and study.

 

2)         Has a laboratory employing a full-time technician and at least a part-time pathologist, legally empowered to perform laboratory services, visiting the laboratory at least 2 days per week.

 

3)         Has a radiological department employing an X-ray technician and at least a part-time roentgenologist, legally empowered to perform radiology services, visiting the department at least 2 days per week.

 

4)         Maintains an up-to-date medical library available to residents.

 

b)         The hospital shall, upon request, provide the Division with the names of staff members of the various departments of the hospital.

 

c)         The hospital shall certify, on forms provided by the Division, to the satisfactory completion of not less than 12 months of clinical training as required by Section 11(A)(1) of the Act or 24 months of clinical training as required by Section 11(A)(2) and (3).  The certification shall identify the commencement date and the concluding date of the training.

 

d)         The Division, upon the recommendation of the Medical Licensing Board, has determined that all clinical training programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the College of Family Physicians of Canada, the Royal College of Physicians and Surgeons of Canada and the Federation of Medical Licensing Authorities of Canada as of January 1, 1999 meet the minimum criteria set forth in this Section and are, therefore, approved, except as provided in subsection (e).

 

e)         In the event of a decision by any of the accrediting bodies listed in subsection (d) to suspend, withdraw or revoke accreditation of any clinical training, the Board shall proceed to evaluate the program and either approve or disapprove the program pursuant to the minimum criteria set out in subsection (a).

 

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

 

Section 1285.50  Application for Examination

 

a)         An applicant for licensure to practice medicine in all of its branches must make application to the Division or its designated testing service on forms furnished by the Division.

 

b)         Each applicant to take the examination for a license to practice medicine in all of its branches shall submit to the Division:

 

1)         A fully completed application, signed by the applicant, on which all questions have been answered and all programs of medical education attended by the applicant have been identified;

 

2)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activity that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

3)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a) of this Part;

 

4)         An official transcript and diploma or official transcript and certification of graduation from the medical education program granting the degree;

 

5)         Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part and proof of current ECFMG certification set forth in Section 1285.20(k);

 

6)         Proof of successful completion of the United States Medical Licensing Examination (USMLE) Step 1 and 2 in accordance with Section 1285.60 or combination of examinations set forth in Section 1285.60(a)(4).  Examination scores shall be submitted directly to the Division from the testing entity;

 

7)         Fees as required by Section 21 of the Act;

 

8)         Proof of satisfactory completion of an approved clinical training program in accordance with Section 1285.40;

 

9)           Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

 

10)         A certification from the jurisdiction of original licensure and current licensure stating:

 

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

 

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

 

c)         If an applicant for examination has a Physician Information Profile (Profile) from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

 

1)         A Physician Information Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

 

2)         A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

 

3)         Proof that the applicant is of good moral character.  Proof shall be an indication on the Illinois application that the applicant has not engaged in any conduct or activity that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as set out in Section 9(B)(4) of the Act;

 

4)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a) of this Part;

 

5)         Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part;

 

6)         Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

 

7)         A certification from the jurisdiction of original licensure and current licensure stating:

 

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

 

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

 

8)         Fees as required by Section 21 of the Act.

 

d)         Examination Prior to Completion of Clinical Training

 

1)         A candidate may apply for the examination and take the examination given prior to completion of the clinical training required by the Act, provided the applicant:

 

A)        satisfies all of the requirements to take the examination for licensure to practice medicine in all of its branches, except completion of an approved program of clinical training; and

 

B)        furnishes a statement from hospital authorities certifying that the applicant who is applying to sit for the USMLE Step III has completed at least 12 calendar months of the approved program of clinical training, and performance in the training is satisfactory to date.

 

2)         The results of the examination shall be made available to the applicant but no license shall be issued until the Division receives proof of the applicant's satisfactory completion of the required approved clinical training program.

 

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

 

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

 

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

 

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

 

(Source:  Amended at 31 Ill. Reg. 14069, effective September 24, 2007)

 

Section 1285.60  Examinations

 

a)         Examinations for Licensure to Practice Medicine in All of Its Branches:

 

1)         Effective July 1, 2016, examinations conducted by the Division or its designated testing service for licensure to practice medicine in all of its branches shall be conducted in the English language and shall, prior to December 31, 1993, consist of:

 

A)        The Federation Licensing Examination − FLEX Component 1 – an examination placing emphasis on basic and clinical science principles and mechanisms underlying high-impact diseases and problems encountered in an in-patient, supervised setting, during the delivery of health care; and

 

B)        The Federation Licensing Examination − FLEX Component 2 − emphasis on issues related to the general delivery of health care to patients in an ambulatory setting encountered in an independent practice.

 

2)         For those applicants who have passed FLEX Component 2 but have not successfully completed FLEX Component 1 prior to 1994, the Division shall administer FLEX Component 1 twice in 1994.  Any applicant who does not successfully complete FLEX Component 1 during 1994 shall be required to successfully complete USMLE Step 1 and Step 2 in accordance with this Section.

 

3)         Beginning January 1, 1994, the examinations for licensure to practice medicine in all of its branches shall be Steps 1, 2 and 3 of the United State Medical Licensing Examination (USMLE) − a joint program of the Federation of State Medical Boards of the United States Inc. and the National Board of Medical Examiners.

 

A)        USMLE Step 1 and Step 2 will be administered by the National Board of Medical Examiners and the Education Commission for Foreign Medical Graduates (ECFMG).

 

B)        USMLE Step 3 will be administered by the Division or its designated testing service.  Examinees shall successfully complete Step 1 and Step 2 before applying to the Division to take Step 3 of the examination.

 

4)         The Division will accept the following combinations of examinations completed prior to January 1, 2000:

 

A)        FLEX Component 1 taken prior to January 1, 1995, and FLEX Component 2 taken prior to January 1, 1994;

 

B)        FLEX Component 1 plus USMLE Step 3;

 

C)        National Board of Medical Examiners (NBME) Part 1 or USMLE Step 1 plus NBME Part II or USMLE Step 2 plus FLEX Component 2; or

 

D)        NBME Part I or USMLE Step 1 plus NBME Part II or USMLE Step 2 plus NBME Part III or USMLE Step 3.

 

5)         The passing score on all components, parts or steps of the examinations set forth in subsections (a)(2), (3) and (4) shall be a minimum of 75 or the passing score set by the authorized testing entity.

 

6)         In the case of failure on the examination, examinees shall be required to retake only that component, part or step of the examination on which they did not achieve a passing score.

 

7)         In the event all USMLE Steps are not successfully completed within 7 years after passing the first step taken, either Step 1 or Step 2, credit for any step passed shall be forfeited.

 

8)         Any applicant for licensure to practice medicine in all of its branches who has been unsuccessful in 5 examinations (any component, part or step of the examinations accepted by the Division as set forth in subsection (a)(4)), conducted in this State or any other jurisdiction, shall be deemed ineligible for further examination and/or licensure until the Division is in receipt of proof that the applicant has completed, subsequent to his/her fifth failure:

 

A)        a course of clinical training of not less than 12 months in an accredited clinical training program in the United States or Canada in accordance with Section 1285.40; or

 

B)        a course of study of 9 months in length (one academic year) that includes no less than 25 clock hours per week of basic sciences as set forth in Section 1285.20(b) of this Part and no less than 40 clock hours per week of clinical sciences as set forth in Section 1285.20(d) of this Part; or

 

C)        any other formal professional study or training in an accredited medical college or hospital, deemed by the Division to meet the requirements of subsection (a)(8)(A) or (B).

 

9)         Failure to appear for any component, part or step of the examination for which the applicant has been scheduled shall be considered a failure of the examination.

 

b)         Examinations for Licensure to Practice Chiropractic

 

1)         Effective July 1, 2016, examinations for licensure to practice chiropractic shall be conducted in the English language and shall consist of the examination administered by the National Board of Chiropractic Examiners and shall consist of Part I, Part II, Part III and Part IV.

 

2)         To be successful, examinees must receive a score of at least 375 on all 4 parts of the examination.

 

3)         Any applicant for licensure as a chiropractic physician who has been unsuccessful in 5 examinations conducted in this State or any other jurisdiction shall be deemed ineligible for further examination or licensure until the Division is in receipt of proof (i.e., certificate of completion of training, transcript) that the applicant has completed, subsequent to his/her fifth failure, a course of study of 960 classroom hours (one academic year) in an accredited chiropractic program or any other equivalent formal professional study or training in an accredited chiropractic program as approved by the Division.

 

(Source:  Amended at 40 Ill. Reg. 3503, effective March 4, 2016)

 

Section 1285.70  Application for a License on the Basis of Examination

 

a)         Each applicant for a license to practice medicine in all of its branches on the basis of examination must submit to the Division:

 

1)         A fully completed application signed by the applicant, on which all questions have been answered and all programs of medical education attended by the applicant have been identified, including dates of attendance;

 

2)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

3)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a);

 

4)         Fee as required by Section 21 of the Act;

 

5)         An official transcript and diploma or an official transcript and certification of graduation from the medical education program granting the degree that shall be evidence that the applicant has met the minimum medical education requirements of the Act;

 

6)         Certification on forms provided by the Division that the core clerkship rotations were completed in accordance with Section 1285.20 and proof of current ECFMG certification as set forth in Section 1285.20(k) for those applicants who are applying under Section 11(A)(2)(a) of the Act;

 

7)         Proof of satisfactory completion of an approved program of clinical training in accordance with Section 1285.40;

 

8)         Proof of the successful completion of the examination set forth in Section 1285.60.  Scores shall be submitted to the Division directly from the testing entity;

 

9)         A certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The date of issuance of the license; and

 

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

 

10)         Documentation of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application; and

 

11)       Verification of fingerprint processing from the Illinois Department of State Police (ISP), an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division. Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

b)         If an applicant for licensure as a physician to practice medicine in all of its branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

 

1)         A Physician Information Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

 

2)         A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

 

3)         Proof that the applicant is of good moral character.  Proof shall be an indication on the Illinois application that the applicant has not engaged in any conduct or activity that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as set out in Section 9(B)(4) of the Act;

 

4)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a);

 

5)         Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part;

 

6)         Documentation of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

 

7)         A certification from the jurisdiction of original licensure and current licensure stating:

 

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

 

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

 

8)         Fees as required by Section 21 of the Act; and

 

9)         Verification of fingerprint processing from ISP, an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

c)         Proof of Waiver

 

1)         The provisions of subsection (a)(8) shall be waived for a candidate for licensure to practice medicine in all of its branches who makes application satisfactory to the Division under Section 9 of the Act who submits proof of the successful completion of:  

 

A)        the National Board of Medical Examiners examination subsequent to January 1, 1964; or

 

B)        the National Board of Examiners for Osteopathic Physicians and Surgeons examination subsequent to June 1, 1973; or

 

C)        the Federation Licensing Examination (FLEX) in another state obtaining a FLEX weighted average of 75 or more subsequent to June 1, 1968; or

 

D)        the Licentiate of the Medical Council of Canada examination (LMCC) subsequent to May 1, 1970; or

 

E)        The Federation Licensing Examination (FLEX) in another state obtaining a score of 75 or more in each Component in accordance with Section 1285.60.

 

2)         Verification of the successful completion of the examinations described in subsection (c)(1) shall show the scores achieved by the applicant on the examination. Scores shall be submitted to the Division directly from the testing entity.

 

d)         Each applicant for a license to practice as a chiropractic physician must submit to the Division:

 

1)         A fully completed application signed by the applicant, on which all questions have been answered and all programs of chiropractic education attended by the applicant have been identified, including dates of attendance;

 

2)         An official transcript of a course of instruction, prerequisite to professional training in a college, university or other institution for those applying pursuant to Section 11(B)(2) of the Act;

 

3)         An official transcript and copy of diploma or official transcript and certification of graduation from the education program granting the professional degree; the transcript shall indicate that the applicant has met the minimum chiropractic education requirements of Section 11 of the Act;

 

4)         Proof that the applicant is of good moral character and has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

5)         Fee as required by Section 21 of the Act;

 

6)         Proof of successful completion of Part I, Part II, Part III and Part IV of the examination pursuant to Section 1285.60(b) forwarded directly to the Division from the National Board of Chiropractic Examiners;

 

7)         Documentation of professional capacity, as set forth in Section 1285.95, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

 

8)         Certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The date of issuance of the license; and

 

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

 

9)         Verification of fingerprint processing from ISP, an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

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

 

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

 

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

 

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

 

(Source:  Amended at 40 Ill. Reg. 3503, effective March 4, 2016)

 

Section 1285.80  Licensure by Endorsement

 

a)         Each applicant currently licensed in another jurisdiction who applies to the Division for a license to practice medicine in all of its branches on the basis of endorsement must cause to be submitted to the Division:

 

1)         A signed application, on which all questions have been answered and all programs of medical education attended by the applicant have been identified, including dates of attendance;

 

2)         Proof that the applicant is of good moral character.  Proof shall be an indication on the application that the applicant has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

3)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a);

 

4)         An official transcript and diploma or official transcript and certification of graduation from the medical education program granting the degree that shall be evidence that the applicant has met the minimum medical education requirements of the Act;

 

5)         Certification on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 and proof of current ECFMG certification as set forth in Section 1285.20(k) for those applicants who are applying under Section 11(A)(2)(a)(i) of the Act;

 

6)         An original, notarized English translation for any document submitted to the Division in a foreign language;

 

7)         Certification of postgraduate clinical training in the United States or Canada;

 

8)         Certification from the jurisdiction of original and current licensure stating:

 

A)        The date of issuance of the license; and

 

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

 

9)       The fee required by Section 21 of the Act; and

 

10)       Verification of fingerprint processing from ISP, an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

b)         If an applicant for licensure as a physician to practice medicine in all of its branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

 

1)         A Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

 

2)         A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

 

3)         Proof that the applicant is of good moral character.  Proof shall be an indication on the Illinois application that the applicant has not engaged in any conduct or activity that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

4)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a);

 

5)         Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part;

 

6)         A certification from the jurisdiction of original licensure and current licensure stating:

 

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

 

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

 

7)         Fees as required by Section 21 of the Act; and

 

8)         Verification of fingerprint processing from ISP, an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP.  Fingerprints shall be taken within the 60 days prior to application.

 

c)         In addition to submitting the application required in subsections (a) and (b), each applicant for licensure to practice medicine in all of its branches pursuant to the provisions of Section 19 of the Act upon the basis of having passed a National Board of Medical Examiners Examination prior to January 1, 1964, or having passed a National Board of Examiners for Osteopathic Physicians and Surgeons Examination before June 1, 1973, or having passed the Licentiate of the Medical Council of Canada (LMCC) before May 1, 1970, or having passed the Federation Licensing Examination (FLEX) prior to June 1, 1968, or a State Constructed Examination, shall, subject as hereinafter provided, pass an examination conducted by the Division or its designated testing service to test the clinical competence of the applicant (clinical test).  The Division upon recommendation of the Medical Licensing Board has determined that the examination conducted under this Section shall be Component 2 of the FLEX prior to December 31, 1993, USMLE Step 3 after January 1, 1994 or the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Special Purpose Examination for the United States of America (COMSPEX-USA) as determined by the Board.

 

1)         To be successful in the Component 2 examination of the FLEX, USMLE Step 3, SPEX or COMSPEX-USA, applicants must receive a minimum score of 75 or the passing score set by the authorized testing entity.  In the case of failure on 3 attempts of the Component 2 examination, USMLE Step 3, SPEX or COMSPEX-USA, or any combination thereof, the application for licensure on the basis of endorsement shall be denied. The individuals may thereafter submit an application for licensure on the basis of examination and, if qualified, take the entire examination referenced in Section 1285.60(a)(1), (2) and (3) in accordance with the manner described in that Section.

 

2)         The Medical Licensing Board may, in its discretion and in individual cases where the applicable conditions of Section 19 of the Act have been satisfied, make a recommendation to the Director of the Division  (Director) for the waiver of the clinical examination requirement herein provided with respect to any such applicant for a license to practice medicine in all of its branches after full consideration of the quality of his/her medical education and clinical training or practical experience, including, but not limited to, whether the applicant is Board Certified in a specialty, has achieved special honors or awards, has had articles published in recognized and reputable journals, has written or participated in the writing of textbooks in medicine and any other circumstance or attribute that the Medical Licensing Board accepts as evidence that the applicant has outstanding and proven ability in any branch of medicine.

 

d)         Each applicant currently licensed in another jurisdiction who applies to the Division for a license in Illinois as a chiropractic physician by endorsement must cause to be sent to the Division:

 

1)         A signed application on which all questions have been answered and all programs of chiropractic education attended by the applicant have been identified, including dates of attendance;

 

2)         An official transcript of the courses of instruction prerequisite to professional training in a college, university or other institution for those applying pursuant to Section 11(B)(2) of the Act;

 

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

 

4)         Proof that the applicant is of good moral character and has not engaged in any conduct or activities which would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities which would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

5)         Successful completion of Part I, Part II and Part III of the examination administered by the National Board of Chiropractic Examiners.

 

A)        The Medical Licensing Board may, in its discretion and in individual cases where the applicable conditions of Section 19 of the Act have not been satisfied, make a recommendation to the Director to require an applicant to successfully complete the Special Purposes Exam for Chiropractors (SPEC) or Part III of the examination administered by the National Board of Chiropractic Examiners;

 

B)        The Medical Licensing Board may recommend a waiver of Part III of the examination or the SPEC requirement. In making the recommendation, the Licensing Board shall consider the quality of the chiropractic education and practical experience, including, but not limited to, whether he/she is Board Certified in a specialty, has achieved special honors or awards, has had articles published in recognized and reputable journals, has written or participated in the writing of textbooks in chiropractic and any other circumstance or attribute which the Medical Licensing Board accepts as evidence that the applicant has outstanding and proven ability in chiropractic;

 

6)         Certification from the jurisdiction of original and current licensure stating:

 

A)        The date of issuance of the license; and

 

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

 

7)         The fee required by Section 21 of the Act; and

 

8)         Verification of fingerprint processing from ISP, an ISP live scan vendor whose equipment has been certified by ISP, or a fingerprint vendor agency licensed by the Division.  Out-of-state residents unable to utilize the ISP electronic fingerprint process may submit to ISP one fingerprint card issued by ISP, accompanied by the fee specified by ISP. Fingerprints shall be taken within the 60 days prior to application.

 

e)         Pursuant to Section 9.7 of the Act, the Division shall check the criminal background of each endorsement applicant through the Federation of State Medical Boards or Chiropractic Information Network-Board Action Database (CIN-BAD).

 

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

 

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

 

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

 

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

 

(Source:  Amended at 38 Ill. Reg. 15972, effective August 1, 2014)

 

Section 1285.90  Temporary Licenses

 

a)         To allow for timely processing, an application for a Temporary License to pursue specialty/residency training shall be filed, on forms provided by the Division, at least 60 days prior to the commencement date of the training.

 

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

 

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

 

2)         An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a) of this Part;

 

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

 

4)         Certification on forms provided by the Division that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part and current ECFMG certification as set forth in Section 1285.20(k) for those applicants applying under Section 11(A)(2)(a)(i) of the Act;

 

5)         Proof that the applicant will be accepted or appointed to a position in a specialty/residency program that is approved by the Division, pursuant to the provisions of Section 1285.40 and the number of postgraduate years for which the applicant has been accepted or appointed;

 

6)         A statement identifying all medical education programs attended, including dates of attendance;

 

7)         An original notarized English translation for any document submitted to the Division in a foreign language;

 

8)         A complete work history since graduation from medical school;

 

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

 

10)         Certification from the jurisdictions of original licensure and current licensure stating:

 

A)        The date of issuance of the license; and

 

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

 

11)       Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application.

 

c)         If an applicant for temporary licensure has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

 

1)         A Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), postgraduate medical education (clinical training) and complete examination information.  The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

 

2)         A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

 

3)         Proof that the applicant is of good moral character.  Proof shall be an indication on the Illinois application that the applicant has not engaged in any conduct or activity that would constitute grounds for discipline under Section 22 of the Act.  Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

 

4)         Individuals applying under Section 11(A)(2)(a)(i) shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part;

 

5)         Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

 

6)         Proof that the applicant will be accepted or appointed to a position in a specialty/residency program that is approved by the Division, pursuant to the provisions of Section 1285.40, and the number of postgraduate years for which he/she has been accepted or appointed;

 

7)         A complete work history since graduation from medical school;

 

8)         A certification from the jurisdiction of original licensure and current licensure stating:

 

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

 

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

 

9)         Fees as required by Section 21 of the Act.

 

d)         Written notice of the Division's final action on every application for a temporary license shall be given to the applicant and hospital designated in the application.  If the application is approved pursuant to Section 17 of the Act and this Section, the temporary license shall be delivered or mailed to the hospital and shall be kept in the care and custody of the hospital.  Any person not licensed to practice medicine in all of its branches in the State of Illinois who is enrolled in a clinical training program shall have had a Temporary License issued on his/her behalf to an approved program of training prior to the commencement of the training.

 

e)         Commencement of the specialty/residency training program prior to the issuance of a temporary license shall be construed as the unlicensed practice of medicine.

 

f)         A Temporary License shall be issued for a maximum of three years as provided in this Section.  In no event shall a Temporary License be issued for less than one year except as provided in subsection (j) or for any purpose other than a post-graduate specialty/residency program required for licensure under the Act.

 

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

 

h)         When a resident is dismissed or otherwise terminates the specialty /residency program, it shall be the responsibility of the staff of the program to notify the Division immediately, return the Temporary License to the Division and submit a written explanation to the Division indicating why the resident was dismissed or terminated.  If the Temporary License has been lost or destroyed, the staff of the program shall submit a written explanation to the Division.

 

i)          A Temporary License may be transferred from one program to another only upon the return of the Temporary License and receipt by the Division of a new application that contains a work history and a certificate of acceptance that the resident will be accepted or appointed to a specialty/residency position in an approved program.  Requests for transfers shall be filed with the Division at least 60 days prior to the commencement date of the new program.

 

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

 

1)         a certificate of acceptance indicating that the resident has been accepted or appointed to a specialty/residency position in an approved program;

 

2)         a work history;

 

3)         a letter from the residency program director advising why an extension is being requested; and

 

4)         the fee set forth in Section 21 of the Act.

 

k)         Temporary licenses may be extended only when the applicant:

 

1)         is serving full-time in the Armed Forces;

 

2)         has an incapacitating illness as documented by a currently licensed physician;

 

3)         provides proof of continuance of a residency training program in order to meet the remedial requirements for licensure set forth in Section 1285.60(a)(8); or

 

4)         provides proof of continuance of a residency training program.

 

l)          The Division shall issue Limited Temporary Licenses for no more than 6 months on behalf of individuals who apply, on forms provided by the Division, and submit evidence that:

 

1)         The applicant is enrolled in a postgraduate clinical training program that meets the requirements of Section 1285.40 outside of the State of Illinois;

 

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

 

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

 

4)         the fee set forth in Section 21 of the Act.

 

m)        A Limited Temporary License may be extended only when the applicant:

 

1)         is serving full-time in the Armed Forces;

 

2)         has an incapacitating illness as documented by a currently licensed physician; or

 

3)         provides proof of continuance of a residency training program as documented by the residency training program director.

 

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

 

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

 

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

 

o)         Any individual who participates in any portion of a specialty/residency program without a Temporary license issued by the Division shall be considered to be involved in the unlicensed practice of medicine.

 

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

 

Section 1285.91  Visiting Resident Permits

 

a)         An individual who has been invited or appointed to perform a portion of a post graduate clinical training program in an Illinois patient care clinic or facility pursuant to Section 18(C) of the Act shall file an application, on forms provided by the Division, at least 60 days prior to the commencement date of the training.

 

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

 

1)         Proof that the applicant has been invited or appointed to perform a portion of the post graduate clinical training program in Illinois;

 

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

 

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

 

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

 

5)         Either:

 

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

 

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

 

i)          the date of issuance of the license;

 

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

 

6)         A fee of $100.

 

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

 

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

 

e)         Written notice of the Division's final action on every application for a visiting resident permit shall be given to the applicant and the patient care clinics or facilities.  If the application is approved pursuant to Section 18(C) of the Act and this Section, the visiting resident permit shall be delivered or mailed to the patient care clinic or facility.

 

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

 

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

 

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

 

Section 1285.95   Professional Capacity Standards for Applicants Having Graduated More Than 2 Years Prior to Application

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

h)         Each applicant for temporary licensure, in accordance with this Section, shall submit a certificate of acceptance form signed by the program director of an approved residency training program, in accordance with Section 1285.40 of this Part, attesting that the applicant will be accepted for specialty/residency training, if, upon the evaluation of medical education and clinical skills by the Division, the applicant is found to be eligible for temporary licensure.

 

i)          In determining eligibility, the Board will consider any and all documentation of activities submitted by the applicant.

 

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

 

Section 1285.100  Visiting Professor Permits

 

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

 

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

 

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

 

2)         Certification from the jurisdiction of original licensure indicating:

 

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

 

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

 

3)         Verification, signed by a dean of a program of medicine located in another jurisdiction, that the applicant was qualified and has and maintains professor status in the program;

 

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

 

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

 

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

 

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

 

D)        The term of the contract;

 

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

 

6)         The fee of $300.

 

c)         In determining the need for the issuance of a Visiting Professor Permit, the Division, upon the recommendation of the Medical Licensing Board, shall consider the availability to the program of medicine of the services for which the Visiting Professor Permit is sought.

 

d)         Written notice of the Division's final action on every application for a Visiting Professor Permit shall be given to the applicant and the program of medicine designated.  When the application is approved, the Visiting Professor Permit shall be delivered or mailed to the program of medicine.  The applicant shall not commence the faculty appointment before the program receives written notification of the approval of the application.

 

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

 

f)         Permit Renewal

 

1)         Effective July 31, 2006 for the first renewal of the Visiting Professor Permit, the permit holder shall file an application with the Division, on forms provided by the Division, that includes:

 

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

 

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

 

C)        Proof of successful completion of:

 

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

 

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

 

D)         The renewal fee of $300.

 

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

 

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

 

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

 

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

 

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

 

4)         The renewal fee of $300.

 

h)         When any person on whose behalf a Visiting Professor Permit has been issued shall be discharged or shall terminate his/her faculty appointment, any permit issued in the name of such person shall be null and void as of the date of discharge or termination.  The program of medicine shall immediately deliver or mail by registered mail to the Division the Visiting Professor Permit and written notice of the reason for the return of the permit.

 

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

 

j)          Whenever a program of medicine is required to deliver or return a Visiting Professor Permit to the Division and that permit has been lost or destroyed or is for any other reason unavailable for return to the Division, the program of medicine shall immediately mail or deliver to the Division a written explanation concerning the inability to return the permit.

 

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

 

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

 

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

 

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

 

Section 1285.101  Visiting Physician Permits

 

a)         Any person not licensed in this State to practice medicine in all of its branches or as a chiropractic physician who has received an invitation or appointment to study a specific medical, osteopathic, chiropractic or clinical subject or technique in a medical, osteopathic, or chiropractic school or hospital in this State must be the holder of a Visiting Physician Permit issued by the Division pursuant to the provisions of Section 18(B) of the Act.

 

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

 

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

 

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

 

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

 

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

 

C)        The term of the contact;

 

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

 

4)         The fee of $100.

 

c)         In determining the need for the issuance of a Visiting Physician Permit, the Division, upon the recommendation of the Medical Licensing Board, shall consider the availability to the program of medicine of the services for which the Visiting Physician Permit is sought.

 

d)         Written notice of the Division's final action on every application for a Visiting Physician Permit shall be given to the applicant and/or the school or hospital designated.  When the application is approved, the Visiting Physician Permit shall be delivered or mailed to the program of medicine.  The applicant shall not commence the appointment before the program receives written notification from the Division of the approval of the application.

 

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

 

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

 

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

 

h)         Whenever a program of medicine is required to deliver or return a Visiting Physician Permit to the Division and that permit has been lost or destroyed or is for any other reason unavailable for return to the Division, the program of medicine shall immediately mail or deliver to the Division a written explanation concerning the inability to return the permit.

 

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

 

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

 

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

 

A)        Verification of licensure in another jurisdiction;

 

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

 

C)        The exact date and location of the procedure;

 

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

 

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

 

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

 

G)        A fee of $25.

 

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

 

3)         The Division shall notify the Medical Licensing Board of the issuance of all Limited Visiting Physician Permits.

 

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

 

Section 1285.105  Chiropractic Physician Preceptorship (Repealed)

 

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

 

Section 1285.110  Continuing Medical Education (CME)

 

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

 

a)         Continuing Medical Education Hours Requirements

 

1)         For the July 31, 1999 renewal, a licensee will be required to complete 50 hours of continuing medical education (CME).  The Division will accept CME taken on or after July 1, 1997.  Beginning with the July 31, 2002 renewal and every renewal thereafter, in order to renew a license, a licensee shall be required to complete 150 hours of continuing medical education per prerenewal period.

 

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

 

3)         One CME hour shall equal one clock hour.  After completion of the initial CME hour, credit may be given in one-half hour increments.

 

4)         A renewal applicant shall not be required to comply with CME requirements for the first renewal of an Illinois license.

 

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

 

6)         Continuing medical education credit hours used to satisfy the CME requirements of another jurisdiction may be applied to fulfill the CME requirements of the State of Illinois if the CME required by the other jurisdiction is consistent with the CME requirements set forth in this Section.

 

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

 

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

 

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

 

b)         Continuing Medical Education (CME) hours for both physicians licensed to practice medicine in all of its branches and chiropractic physicians licensed to treat human ailments without the use of drugs and without operative surgery in Illinois shall be earned by, but not limited to, verified attendance at (e.g., certificate of attendance or certificate of completion) or participation in a program or course (program) as follows:

 

1)         CME hours shall be earned as follows:

 

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

 

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

 

2)         Formal CME Programs:

 

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

 

B)        Formal CME programs conducted by medical, chiropractic or osteopathic colleges, schools or education programs, including the Accreditation Council for Graduate Medical Education, the Council on Continuing Medical Education of the American Osteopathic Association or the Commission on Accreditation of the Council of Chiropractic Education schools, either to prepare individuals for licensure pursuant to the provisions of the Act or for post-graduate training.

 

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

 

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

 

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

 

ii)         Journal club activities;

 

iii)        Self-assessment activities;

 

iv)        Journal-based CME.

 

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

 

A)        Consultation with peers and experts concerning patients;

 

B)        Use of electronic databases in patient care;

 

C)        Small group discussions;

 

D)        Teaching health professionals;

 

E)        Medical writing;

 

F)         Teleconferences;

 

G)        Preceptorships;

 

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

 

I)         Preparation of educational exhibits;

 

J)         Journal reading.

 

c)         CME Sponsors and Formal Programs

 

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

 

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

 

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

 

ii)         Illinois State Medical Society, or its affiliates;

 

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

 

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

 

B)        For chiropractic physicians:

 

i)          Illinois Chiropractic Society, or its affiliates;

 

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

 

iii)        International Chiropractic Association, or its affiliates;

 

iv)        American Chiropractic Association, or its affiliates; or

 

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

 

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

 

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

 

A)        Certification:

 

i)          That all programs offered by the sponsor for CME credit shall comply with the criteria in  subsection (c)(3) and all other criteria in this Section;

 

ii)         That the sponsor shall be responsible for verifying completion of each program and provide a certificate of attendance as set forth in subsection (c)(9);

 

iii)        That, upon request by the Division, the sponsor shall submit evidence (e.g., certificate of attendance or course material) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance;

 

iv)        That each sponsor shall submit to the Division written notice of program offerings, including program offerings of subcontractors, 30 days prior to course dates.  Notice shall include the description, location, date and time of the program to be offered.

 

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

 

3)         All formal programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee;

 

B)        Foster the enhancement of general or specialized practice and values;

 

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

 

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

 

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

 

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

 

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

 

6)         To maintain approval as a sponsor, each shall submit to the Division by July 31 in the year of renewal a renewal application, a $2000 fee and a list of courses and programs offered within the last 36 months.  The list shall include a brief description, location, date and time of each course given by the sponsor and by any subcontractor.

 

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

 

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

 

B)        The name and address of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program;

 

F)         The signature of the sponsor.

 

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

 

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

 

10)         Upon the failure of a sponsor to comply with any of the preceding requirements of this Section, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CME credit attendance at or participation in any of that sponsor's CME programs until such time as the Division receives assurances of compliance with this Section.

 

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

 

d)         Certification of Compliance with CME Requirements

 

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

 

2)         The Division may require additional evidence demonstrating compliance with the CME requirements (e.g., certificate of attendance). This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CME requirements, an applicant shall be notified in writing and may request an interview with the Licensing Board.  At that time the Licensing Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

4)         The Division shall conduct a random audit to verify compliance with the CME requirements.

 

e)         Continuing Medical Education Earned in Other Jurisdictions

 

1)         If a licensee has earned or is seeking formal CME hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days prior to expiration of the license.  The Licensing Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

2)         If a licensee fails to submit an out of state CME approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $100 per hour of CME late fee not to exceed $500.  The Licensing Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section.

 

f)         Restoration of Nonrenewed License.  Upon satisfactory evidence of compliance with CME requirements, the Division shall restore the license upon payment of the required fee as provided in Section 21(e)(5) of the Act.

 

g)         Waiver of CME Requirements

 

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

 

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

 

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

 

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

 

C)        Undue hardship (prolonged hospitalization, family illness); or

 

D)        Any other similar extenuating circumstances.

 

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

 

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

 

Section 1285.120  Renewals

 

a)         Every license issued under the Act shall expire on July 31, 1990, and every third year thereafter.  For the July 31, 1999 renewal, a licensee shall complete 50 hours of CME in accordance with Section 1285.110 of this Part. Thereafter, a licensee will be required to complete 150 hours in accordance with Section 1285.110 of this Part in order to renew the license.  The holder of a license may renew such license during the month preceding the expiration date by paying the required fee stated in Section 21(e)(5) of the Act.

 

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

 

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

 

d)         Any licensee applying for renewal shall be entitled to a hearing in accordance with 68 Ill. Adm. Code 1110 prior to refusal of any renewal or any disciplinary action being taken by the Division against the licensee.

 

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

 

Section 1285.130  Restoration and Inactive Status

 

a)         A licensee seeking restoration of a license that has been expired for 3 years or less shall have a license restored upon payment of all lapsed renewal fees required by Section 21 of the Act, a completed physician profile in accordance with Section 1285.305, and proof of completion of 150 hours of continuing education in accordance with Section 1285.110.

 

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

 

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

 

1)         Sworn evidence of active practice in another jurisdiction.  That evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice.

 

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

 

3)         Proof of successful completion (evidenced by Certification of Clinical Training) of an approved specialty residency program of at least 12 months in length within 3 years from the date of application.

 

4)         Proof of completion evidenced by Certification of Medical Education of a course of study of at least 960 classroom hours (one academic year) that includes no more than 25 clock hours of basic sciences and 40 clock hours of clinical sciences in a college approved by the Division under the Act within 3 years from the date of application.

 

5)         Successful completion of the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable Purpose Examination for the United States of America (COMVEX-USA) within 3 years prior to the date of application.  To be successful an applicant must receive a score of 75 or better.

 

6)         For individuals applying for a chiropractic license, proof of completion of 960 classroom hours (academic hours) in an accredited chiropractic program within 3 years from the date of application or the Special Examination for Chiropractic (SPEC) or its equivalent as approved by the Board.

 

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

 

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

 

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

 

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

 

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

 

(Source:  Amended at 31 Ill. Reg. 14069, effective September 24, 2007)

 

Section 1285.140  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases where he/she finds that:

 

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

 

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

 

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

 

b)         The Director shall notify the Medical Licensing Board of the granting of a variance, and the reasons for the variance, at the next meeting of the Licensing Board.

 

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

SUBPART B: MEDICAL DISCIPLINARY PROCEEDINGS

 

Section 1285.200  Medical Disciplinary Board

 

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

 

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

 

Section 1285.205  Complaint Committee

 

a)         There shall be a Complaint Committee of the Disciplinary Board composed of the Medical Coordinators established by Section 7(g) of the Act, the Chief of Medical Investigations (person employed by the Division who is in charge of investigating complaints against physicians and physician assistants), and at least two voting members of the Disciplinary Board designated by the Chairman of the Disciplinary Board with the approval of the Disciplinary Board. The Disciplinary Board members shall serve one-year terms and may be eligible for reappointment for subsequent terms.

 

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

 

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

 

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

 

2)         To refer a complaint file to the office of the Chief of Medical Prosecutions (person employed by the Division who is in charge of prosecuting formal complaints against licensees) for review.

 

3)         To make a decision in conjunction with the Chief of Medical Prosecutions regarding action to be taken on a complaint file, including whether to proceed with an informal conference or a formal hearing.

 

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

 

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

 

Section 1285.210  The Medical Coordinator

 

The Medical Coordinator shall be responsible for reviewing complaints and investigations of complaints and for making recommendations to the Complaint Committee and the Disciplinary Board regarding the investigation and disposition of complaints.  He or she shall also serve as a member of the Complaint Committee.  The Medical Coordinator shall be responsible for monitoring physicians and physician assistants who have been disciplined to assure compliance with requirements of probation and other disciplinary action and for making status reports to the Disciplinary Board on compliance.  If a complaint is received by the Division that, in the opinion of the Medical Coordinator, requires immediate attention, the Medical Coordinator shall request an immediate investigation of the matter. Complaints requiring immediate attention include, but are not limited to:  physical harm or injury to a member of the public; reports of patient neglect; and discrepancies concerning drug inventories.

 

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

 

Section 1285.215  Complaint Handling Procedure

 

a)         The following definitions shall apply to this Part:

 

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

 

2)         "Complaint" shall mean the initial claim made against a physician or physician assistant that results in an inquiry or investigation.  To become a complaint, an initial claim must present a potential violation of Section 22 of the Act and must not be barred by the statute of limitations or be precluded by some other inherent defect that would prevent the Division from being able to prove an Act violation.  An inherent defect is the absence of something necessary for something to be complete.  An inherent defect includes, but is not limited to, complainants' refusal to provide necessary medical records so that an investigation may be conducted or completed.  The Chief of Medical Investigations shall determine within 30 days whether an initial claim shall become a complaint.

 

3)         "Formal Complaint" shall mean the motion of the Division or the Disciplinary Board or the verified complaint in writing of any person alleging facts that would constitute grounds for the revocation or other disciplinary action of the license of a physician or physician assistant under Section 22 of the Act.

 

b)         Initial claims against physicians and physician assistants may be made in writing, by telephone, or in person.  All initial claims shall be recorded by the Division and forwarded to the Chief of Medical Investigations for review.  Upon receipt of an initial claim, the Division shall provide to complainants:

 

1)         A brochure that provides information about the complaint process, the role of the Division, the reasons for disciplinary action, and other commonly asked questions, to be included in the first mailing sent to the complainant, along with verification that an initial claim was received and forwarded to the Chief of Medical Investigations.

 

2)         The opportunity to review the Division's characterization of the initial claim and indicate any areas believed to be inaccurate.

 

3)         Information as to why an initial claim will not become a complaint and a final opportunity to correct any deficiencies in the initial claim.

 

c)         After review, the Chief of Medical Investigations will determine whether an initial claim will become a complaint.  If an initial claim does not become a complaint, then the Chief of Medical Investigations shall submit his/her determination and any accompanying analysis of the initial claim to the Complaint Committee with a recommendation for closure.

 

d)         After review the Chief of Medical Investigations, in conjunction with a Medical Coordinator, will determine that a complaint is ready for immediate consideration by the Complaint Committee for prosecution potential.

 

e)         No initial claim or complaint shall be deemed closed except upon recommendation of the Complaint Committee and approval by the Disciplinary Board.

 

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

 

g)         Disqualification of a Disciplinary Board Member

 

1)         A Disciplinary Board member shall disqualify himself/herself from consideration of a complaint or formal complaint when he/she determines that he/she has a conflict of interest or prejudice that would prevent him/her from being fair and impartial.

 

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

 

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

 

Section 1285.220  Informal Conferences

 

a)         An informal conference is the procedure established by the Division to resolve complaints, licensing issues, or conflicts prior to initiating any action requiring a formal hearing.  Informal conferences are for the purposes of compliance review, fact finding, and discussion of the issues.

 

b)         Notice of an informal conference shall be sent to the respondent not less than 10 days before the conference is scheduled.  The notice shall include a brief statement of the alleged violations.

 

c)         Informal conferences shall be conducted by a Division attorney and shall include a member of the Disciplinary Board or his or her designee.

 

d)         The respondent may bring an attorney or other representative to the informal conference.

 

e)         The respondent shall have an opportunity at the informal conference to make an oral statement and to present any documents that might be relevant to the matter.

 

f)         Results of Informal Conference.  The informal conference shall result in one or more of the following recommendations being made to the Board:

 

1)         The case be closed.

 

2)         The case be investigated further.

 

3)         A consent order be entered.

 

4)         The matter be referred for a formal hearing.

 

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

 

Section 1285.225  Consent Orders

 

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

 

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

 

1)         Disciplinary Actions

 

A)        Reprimand

 

B)        Suspension

 

C)        Revocation

 

D)        Probation

 

E)        Fines

 

2)         Non-Disciplinary Actions

 

A)        Remedial continuing medical education

 

B)        Referral to treatment

 

C)        Administrative warning

 

c)         Disciplinary Board Action

 

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

 

A)        Sign the consent order; or

 

B)        Reject the consent order with or without recommendations.

 

2)         A copy of any consent order signed by the Disciplinary Board shall be sent to the Director for action within 10 days.

 

d)         Director Action

 

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

 

A)        Sign the consent order;

 

B)        Return the consent order to the Disciplinary Board with recommended changes or alternative action; or

 

C)        Enter into a consent order different from that recommended by the Disciplinary Board, as deemed proper by the Director under the variance procedure provided in Section 1285.310.

 

2)         A copy of any consent order executed by the Director shall be sent to the Board within 15 days.

 

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

 

Section 1285.230  Summary Suspension

 

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

 

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

 

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

 

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

 

4)         Notify the licensee that he or she has 20 days in which to file a written motion to modify the summary suspension order.

 

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

 

1)         A petition for summary suspension shall:

 

A)        State the statutory basis for the action petitioned;

 

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

 

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

 

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

 

E)        Be presented to the Director either in person or by telephone and in the presence of a court reporter.

 

2)         An order for summary suspension shall:

 

A)        Contain findings of fact sufficient to support imposition of a summary suspension;

 

B)        Recite the statutory basis for the action;

 

C)        Appoint a hearing officer;

 

D)        Demand immediate surrender of the license; and

 

E)        Be signed by the Director.

 

3)         A notice of summary suspension shall accompany the order and shall:

 

A)        Set a hearing date within 15 days of the date on which the order takes effect;

 

B)        Name the hearing officer who shall conduct the hearing; and

 

C)        Include a copy of the Division's Practice in Administrative Hearings (68 Ill. Adm. Code 1110).

 

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

 

Section 1285.235  Mandatory Reporting of Impaired Physicians by Health Care Institutions

 

a)         Section 23 of the Act requires that the chief administrator or executive officer of any health care institution licensed by the Department of Public Health report to the Disciplinary Board concerning impaired persons.  All instances in which a person licensed under the Medical Practice Act of 1987 is impaired by reason of age, drug, or alcohol abuse or physical or mental impairment, is under supervision and, where appropriate, is in a program of rehabilitation, must be reported to the Disciplinary Board.  The reports must contain sufficient current information to enable the Disciplinary Board to evaluate the impairment and determine the appropriateness of the supervision of the program of rehabilitation.  If the Board finds the supervision or treatment plan submitted by the institution is not sufficient to meet the needs of the individual, the Board may direct the facility to work with the Medical Coordinators to revise the plan or treatment to meet the specific objections.

 

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

 

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

 

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

 

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

 

4)         The means of identification used by the institution of any patient or patients whose treatment is a subject of the report; provide, however, no medical records may be revealed without the written consent of the patient or patients; and further provided that the Disciplinary Board may require disclosure of the name, address and telephone number of any patient if it deems the information necessary to an evaluation of the impairment or a determination of the appropriateness of the supervision or program of rehabilitation;

 

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

 

6)         The terms and conditions of the supervision under which the subject of the report is conducting activities or practice, including the date supervision commenced; the term of the supervision; the name, address and telephone number of the person in charge of the subject's supervision; and a written consent executed by the subject of the report authorizing the Disciplinary Board, the Medical Coordinators or other designated representative of the Disciplinary Board to contact the person in charge of the subject's supervision for information, including written documentation, in order to evaluate the progress of the subject's supervision (pursuant to subsection (g)(2));

 

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

 

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

 

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

 

d)         Confidentiality

 

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

 

A)        Members of the Disciplinary Board or their designees;

 

B)        The Disciplinary Board's designated attorneys;

 

C)        The Medical Coordinators or their designees;

 

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

 

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

 

2)         The reports may also be handled or processed by other designated persons in a limited manner necessary to implement reports required under the Act by computer, word processing equipment or other mechanical means. The data record shall be limited to the name and address of the originator of the report, the date the initial report was received, the date of the most recent report and the professional license number of the subject of the report.

 

3)         The contents of the confidential reports relating to impaired persons shall not be used or made available in any other administrative proceedings before the Division  or any other department; however, violations of the treatment or supervision plan will result in a review of the person's status by the Disciplinary Board, the Medical Coordinators or their designees for possible discipline or revision in the treatment or supervision plan. Reports shall not be disclosed, made available or subject to subpoena or discovery proceedings in any civil or criminal court proceedings.

 

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

 

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

 

g)         The following definitions shall apply to this Section:  

 

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

 

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

 

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

 

Section 1285.240  Standards

 

a)         Dishonorable, Unethical or Unprofessional Conduct

 

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

 

A)        Are violative of ethical standards of the profession (such as safeguard patient confidence and records within the constraints of law; respect the rights of patients, colleagues and other health professionals; observe laws under the Act and pertaining to any relevant specialty; to provide service with compassion and respect for human dignity);

 

B)        Constitute a breach of the physician's responsibility to a patient;

 

C)        Resulted in assumption by the physician of responsibility for delivery of patient care that the physician was not properly qualified or competent to render;

 

D)        Resulted in a delegation of responsibility for delivery of patient care to persons who were not properly supervised or who were not competent to assume such responsibility;

 

E)        Caused actual harm to any member of the public; or

 

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

 

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

 

A)        Being convicted of any crime an essential element of which is larceny, embezzlement, obtaining money, property or credit by false pretenses or by means of a confidence game, dishonesty, fraud, misstatement or moral turpitude;

 

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

 

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

 

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

 

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

 

3)         The Division hereby incorporates by reference the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain", Federation of State Medical Boards, April 2017, 400 Fuller Wiser Road, Suite 300, Euless TX 76039. No later amendments or editions are included.

 

b)         Immoral Conduct

 

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

 

A)        Demonstrates moral indifference to the opinions of the good and respectable members of the profession;

 

B)        Is inimical to the public welfare;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(Source:  Amended at 42 Ill. Reg. 12978, effective July 6, 2018)

 

Section 1285.245  Advertising

 

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

 

b)         If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the physician, and a recording of the actual transmission, including videotape, shall be retained for at least 3 years by the physician.

 

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

 

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

 

Section 1285.250  Monitoring of Probation and Other Discipline and Notification

 

a)         The Medical Coordinator, in addition to providing other status reports to the Disciplinary Board, shall be responsible for providing status reports on physicians or physician assistants who have been disciplined to assure compliance with the terms of the discipline.

 

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

 

c)         The status of any licensee against whom disciplinary action is being considered or was taken may be monitored by the Medical Coordinator, who shall report regularly to the Disciplinary Board in writing.  The report shall include any of the relevant factors set forth in Section 1285.255 and any other appropriate information that would assist the Disciplinary Board in evaluating rehabilitation and compliance by any licensee who is under orders of suspension, probation or any other type of disciplinary order.

 

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

 

Section 1285.255  Rehabilitation

 

a)         Upon written application to the Disciplinary Board for restoration of a license or certificate, or for any other relief, the Disciplinary Board shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

8)         Restitution to injured parties;

 

9)         Future plans of the applicant;

 

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

 

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

 

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

 

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

 

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

 

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

 

b)         The findings of the Disciplinary Board relating to the person's rehabilitation or application for restoration of license or certificate or other relief shall be submitted in written form to the Division for action by the Director.

 

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

 

Section 1285.260  Fines

 

Fines, not to exceed $5000 for each violation, shall be primarily used in cases not involving patient care.  In addition, fines may be imposed in conjunction with other forms of disciplinary actions listed in Section 1285.225(b)(1), but shall not be the exclusive disposition of any disciplinary action arising out of conduct resulting in death or injury of a patient.

 

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

 

Section 1285.265  Subpoena Process of Medical and Hospital Records

 

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

 

1)         A request for subpoena of individual medical and hospital records shall:

 

A)        Be in writing;

 

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

 

C)        State one or more grounds for discipline alleged to be violated;

 

D)        Identify with reasonable specificity the records requested; and

 

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

 

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

 

A)        Be served within reasonable business hours;

 

B)        Require an individual to safeguard the confidentiality of individual patients by removing any information that would identify individual patients by name and by encoding the records for use by authorized persons; and

 

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

 

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

 

1)         The request for subpoena shall:

 

A)        Be in writing;

 

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

 

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

 

D)        Identify with reasonable specificity the records requested; and

 

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

 

2)         The subpoena shall:

 

A)        Be served within reasonable business hours;

 

B)        Require an individual to safeguard the confidentiality of individual patients by removing any information that would identify individual patients by name and by encoding the records for use by authorized persons; and

 

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

 

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

 

Section 1285.270  Inspection of Physical Premises

 

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

 

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

 

1)         Be in writing;

 

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

 

3)         State one or more grounds for discipline alleged to be violated;

 

4)         Identify the premises to be entered; and

 

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

 

c)         An order to enter business premises shall:

 

1)         Be executed within reasonable business hours;

 

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

 

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

 

4)         Identify with specificity the equipment and furnishings to be inspected.

 

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

 

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

 

Section 1285.275  Failing to Furnish Information

 

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

 

1)         A written request for information was received by the physician (as evidenced by receipt of a subpoena or certified or registered letter);

 

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

 

3)         The request for information was accompanied by a notice that sanctions are provided by Section 23(A)(38) of the Act for a failure to provide the information and that the recipient may request a hearing to determine the legality of the request;

 

4)         The recipient was allowed at least 10 days to provide the information or request a hearing; and

 

5)         The recipient failed to provide the information that was within his or her possession or control.

 

b)         In the event that the recipient requests a hearing to determine the legality of the request for information, a hearing will be held by the Disciplinary Board or a hearing officer pursuant to 68 Ill. Adm. Code 1110, limited to the issue of whether the recipient has a valid basis for refusing to comply with the request.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

f)         Confidentiality

 

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

 

A)        Members of the Disciplinary Board or their designees;

 

B)        The Disciplinary Board's designated attorneys;

 

C)        The Medical Coordinators or their designees;

 

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

 

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

 

2)         The reports may also be handled or processed by other designated persons in a limited manner necessary to implement reports required under the Act by computer, word processing equipment or other mechanical means. The data record shall be limited to the name and address of the originator of the report, the date the initial report was received, the date of the most recent report, and the professional license number of the subject of the report.

 

3)         The contents of the confidential reports shall not be used or made available in any administrative proceedings before the Division or any other department except for an administrative proceeding against the subject of the report for violations of the Act disclosed in the reports. Reports shall not be disclosed, made available, or be subject to subpoena or discovery proceedings in any civil or criminal court proceedings.

 

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

 

(Source:  Added at 40 Ill. Reg. 3503, effective March 4, 2016)

SUBPART C: GENERAL INFORMATION

 

Section 1285.305 Physician Profiles

 

a)         The Division shall make available to all physicians as defined in Section 5 of the Patients' Right to Know Act [225 ILCS 61/5] a copy of their physician profile on or before August 15, 2011.  Notification and instructions concerning their profile shall be sent to the physician's address of record with the Division.  Physicians shall review their profile as it appears on the Division's website, confirm the listed information and input all additional information required as indicated on the website.  Any questions or corrections regarding information contained in the profile shall be sent to the Division in writing by the physician.

 

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

 

c)         All physicians shall verify and complete their profile on or before October 15, 2011.  Failure to comply with this Section shall be considered a violation of the Act and shall subject the physician to disciplinary proceedings pursuant to Subpart B and a fine of $500.

 

d)         On or about October 19, 2011, the Division shall make available to the public all physician profiles regardless of whether the physician has provided verification of the profile content.  The Division shall include the following statement in boldface type on any profiles when a physician has failed to verify his or her profile:  "This physician has not verified the information in this profile."

 

e)         All physicians shall be required to have a completed physician profile in accordance with this Section.  No renewal application shall be processed without a completed profile.

 

(Source:  Amended at 35 Ill. Reg. 19500, effective November 17, 2011)

 

Section 1285.310  Public Access to Records and Meetings

 

a)         All investigative procedures, information arising out of the investigation of complaints, activities of the Complaint Committee, and informal conferences shall be confidential.  All other proceedings and documents beginning with the filing of a formal complaint shall be open to the public.

 

b)         All meetings of the Licensing Board and Disciplinary Board shall also be open to the public in accordance with the Open Meetings Act [5 ILCS 120].

 

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

 

Section 1285.320  Response to Hospital Inquiries

 

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

 

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

 

Section 1285.330  Rules of Evidence

 

In evaluating complaints and materials relating to proceedings under this Part, the Division, the Licensing Board and the Disciplinary Board shall be governed by the provisions of Section 10-40 of the Illinois Administrative Procedure Act [5 ILCS 100/10-40].

 

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

 

Section 1285.335  Physician Delegation of Authority

 

a)         Physicians licensed to practice medicine in all its branches may delegate care and treatment responsibilities to a physician assistant under guidelines in accordance with the requirements of the Physician Assistant Practice Act of 1987 [225 ILCS 95].  A physician licensed to practice medicine in all its branches may enter into supervising physician agreements with no more than 2 physician assistants.

 

b)         A physician licensed to practice medicine in all its branches in active clinical practice may collaborate with an advanced practice nurse in accordance with the requirements of Title 15 of the Nursing and Advanced Practice Nursing Act [225 ILCS 65]. Collaboration is for the purpose of providing medical direction, and no employment relationship is required.  A written collaborative agreement shall conform to the requirements of Sections 15-15 and 15-20 of the Nursing and Advanced Practice Nursing Act.  The written collaborative agreement shall be for services the collaborating physician generally provides to his or her patients in the normal course of clinical medical practice. Physician medical direction shall be adequate with respect to collaboration with certified nurse practitioners, certified nurse midwives, and clinical nurse specialists if a collaborating physician:

 

1)         participates in the joint formulation and joint approval of orders or guidelines with the advanced practice nurse and periodically reviews such orders and the services provided patients under such orders in accordance with accepted standards of medical practice and advanced practice nursing practice;

 

2)         is on site at least once a month to provide medical direction and consultation; and

 

3)         is available through telecommunications for consultation on medical problems, complications, or emergencies or patient referral.

 

c)         An anesthesiologist or physician licensed to practice medicine in all its branches may collaborate with a certified registered nurse anesthetist in accordance with Section 15-25 of the Nursing and Advanced Practice Nursing Act.  Medical direction for a certified registered nurse anesthetist shall be adequate if:

 

1)         an anesthesiologist or a physician participates in the joint formulation and joint approval of orders or guidelines and periodically reviews such orders and the services provided patients under such orders; and

 

2)         for anesthesia services, the anesthesiologist or physician participates through discussion of and agreement with the anesthesia plan and is physically present and available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions.  Anesthesia services in a hospital shall be conducted in accordance with Section 10.7 of the Hospital Licensing Act [210 ILCS 85] and in an ambulatory surgical treatment center in accordance with Section 6.5 of the Ambulatory Surgical Treatment Center Act [210 ILCS 5].

 

d)         The anesthesiologist or operating physician must agree with the anesthesia plan prior to the delivery of services.

 

e)         The supervising physician shall have access to the medical records of all patients attended by a physician assistant.  The collaborating physician shall have access to the medical records of all patients attended to by an advanced practice nurse.

 

f)         Nothing in this Section shall be construed to limit the delegation of tasks or duties by a physician licensed to practice medicine in all its branches to a licensed practical nurse, a registered professional nurse, or other personnel including, but not limited to, certified nurse assistants or medical assistants. (Section 54.5 of the Act)

 

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

 

Section 1285.336  Use of Lasers

 

a)         Definitions

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

 

b)         Use of Light Emitting Devices

 

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

           

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

 

3)         The physician must examine the patient and determine a course of treatment appropriate to the patient prior to any ablative or non-ablative procedure being performed.  If the established course of treatment requires multiple procedures, a subsequent examination shall not be required prior to the performance of each individual procedure.

 

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

 

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

 

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

 

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

 

(Source:  Added at 33 Ill. Reg. 4971, effective March 19, 2009)

 

Section 1285.340  Anesthesia Services in an Office Setting

 

a)         In a physician's office, the operating physician shall have training and experience in the delivery of anesthesia services in order to administer anesthesia or to enter into a practice agreement with a certified registered nurse anesthetist (CRNA) to provide anesthesia services in the office pursuant to Section 54.5 of the Medical Practice Act and Section 15-25 of the Nursing and the Advanced Practice Nursing Act [225 ILCS 65].  When an anesthesiologist is administering anesthesia in a physician's office, the operating physician is not required to have the training and experience set forth in subsection (b).  A physician's office is any practice location not regulated by Section 10.7 of the Hospital Licensing Act [210 ILCS 85] or Section 6.5 of the Ambulatory Surgical Treatment Center Act [210 ILCS 5].

 

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

 

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

 

2)         Completion of continuing medical education:

 

A)        For conscious sedation only, the physician shall complete a minimum of 8 hours of continuing medical education (CME) within each 3 year license renewal period in delivery of anesthesia, including the administration of conscious sedation.  The physician will be required to complete 4 of the 8 hours of CME by July 31, 2003.  The remaining 4 hours of CME shall be completed by the July 31, 2005 renewal.

 

B)        For deep sedation, regional anesthesia and/or general anesthesia, a physician shall complete a minimum of 34 hours of continuing medical education in the delivery of anesthesia services within each 3 year license renewal period.  The physician will be required to complete 16 of the 34 hours of CME by July 31, 2003.  The remaining 18 hours of CME shall be completed by the July 31, 2005 renewal.  Fulfillment of this requirement shall satisfy the requirement of subsection (b)(2)(A) for the administration of conscious sedation.

 

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

 

c)         In a physician's office where anesthesia services are being administered, all operating physicians and anesthesiologists shall obtain Advanced Cardiac Life Support (ACLS) certification by December 31, 2002, and shall maintain current ACLS certification.  If the physician enters into a practice agreement with the CRNA, the CRNA shall also have a current ACLS certification pursuant to 68 Ill. Adm. Code 1305.45.

 

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

 

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

 

f)         Definitions of Anesthesia

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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