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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Medical Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 9 and 23 as follows:
| ||||||||||||||||||||||||||||
6 | (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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7 | (Section scheduled to be repealed on January 1, 2007)
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8 | Sec. 9. Application for license. Each applicant for a | ||||||||||||||||||||||||||||
9 | license shall:
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10 | (A) Make application on blank forms prepared and
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11 | furnished by the Department of Professional Regulation
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12 | hereinafter referred to as the Department.
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13 | (B) Submit evidence satisfactory to the Department
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14 | that the applicant:
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15 | (1) is of good moral character. In determining | ||||||||||||||||||||||||||||
16 | moral
character under this Section, the Department may | ||||||||||||||||||||||||||||
17 | take into
consideration whether the applicant has | ||||||||||||||||||||||||||||
18 | engaged in conduct
or activities which would | ||||||||||||||||||||||||||||
19 | constitute grounds for discipline
under this Act. The | ||||||||||||||||||||||||||||
20 | Department may also request the
applicant to submit, | ||||||||||||||||||||||||||||
21 | and may consider as evidence of moral
character, | ||||||||||||||||||||||||||||
22 | endorsements from 2 or 3 individuals licensed
under | ||||||||||||||||||||||||||||
23 | this Act;
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24 | (2) has the preliminary and professional education
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25 | required by this Act;
| ||||||||||||||||||||||||||||
26 | (3) (blank); and
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27 | (4) is physically, mentally, and professionally | ||||||||||||||||||||||||||||
28 | capable
of practicing medicine with reasonable | ||||||||||||||||||||||||||||
29 | judgment, skill, and
safety. In determining physical, | ||||||||||||||||||||||||||||
30 | mental and professional
capacity under this Section, | ||||||||||||||||||||||||||||
31 | the Medical Licensing Board
may, upon a showing of a | ||||||||||||||||||||||||||||
32 | possible incapacity, compel any
applicant to submit to |
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| |||||||
1 | a mental or physical examination, or
both. The | ||||||
2 | Licensing Board may condition or restrict any
license, | ||||||
3 | subject to the same terms and conditions as are
| ||||||
4 | provided for the Medical Disciplinary Board under | ||||||
5 | Section 22
of this Act. Any such condition of a | ||||||
6 | restricted license
shall provide that the Chief | ||||||
7 | Medical Coordinator or Deputy
Medical Coordinator | ||||||
8 | shall have the authority to review the
subject | ||||||
9 | physician's compliance with such conditions or
| ||||||
10 | restrictions, including, where appropriate, the | ||||||
11 | physician's
record of treatment and counseling | ||||||
12 | regarding the impairment,
to the extent permitted by | ||||||
13 | applicable federal statutes and
regulations | ||||||
14 | safeguarding the confidentiality of medical
records of | ||||||
15 | patients.
| ||||||
16 | In determining professional capacity under this | ||||||
17 | Section, an individual may be required to complete such | ||||||
18 | additional testing, training, or remedial education as the | ||||||
19 | Licensing Board may deem necessary in order to establish | ||||||
20 | the applicant's present capacity to practice medicine with | ||||||
21 | reasonable judgment, skill, and safety. The Medical | ||||||
22 | Licensing Board may consider, as part of its determination | ||||||
23 | of the professional capacity of the applicant, the | ||||||
24 | following: | ||||||
25 | (i) medical research in an established research | ||||||
26 | facility, hospital, university, or private | ||||||
27 | corporation; | ||||||
28 | (ii) specialized training or education; | ||||||
29 | (iii) publication of original work in learned, | ||||||
30 | medical, or scientific journals; | ||||||
31 | (iv) participation in federal, state, local, or | ||||||
32 | international public health programs or organizations; | ||||||
33 | (v) professional service in a federal, veterans, | ||||||
34 | or military institution; and | ||||||
35 | (vi) such other professional activities as would | ||||||
36 | maintain and enhance the clinical capabilities of the |
| |||||||
| |||||||
1 | applicant. | ||||||
2 | Any applicant applying for a license to practice | ||||||
3 | medicine in all of its branches or for a license as a | ||||||
4 | chiropractic physician that has not been engaged in the | ||||||
5 | active practice of medicine or has not been enrolled in a | ||||||
6 | medical program for 2 years prior to application must | ||||||
7 | submit proof of professional capacity. | ||||||
8 | Any applicant applying for a temporary license that has | ||||||
9 | not been engaged in the active practice of medicine or has | ||||||
10 | not been enrolled in a medical program for 5 years prior to | ||||||
11 | application must submit proof of professional capacity.
In | ||||||
12 | determining professional capacity under this
Section any | ||||||
13 | individual who has not been actively engaged in
the | ||||||
14 | practice of medicine or as a medical, osteopathic, or
| ||||||
15 | chiropractic student or who has not been engaged in a | ||||||
16 | formal
program of medical education during the 2 years
| ||||||
17 | immediately preceding their application may be required to
| ||||||
18 | complete such additional testing, training, or remedial
| ||||||
19 | education as the Licensing Board may deem necessary in | ||||||
20 | order
to establish the applicant's present capacity to | ||||||
21 | practice
medicine with reasonable judgment, skill, and | ||||||
22 | safety.
| ||||||
23 | (C) Designate specifically the name, location, and
| ||||||
24 | kind of professional school, college, or institution of
| ||||||
25 | which the applicant is a graduate and the category under
| ||||||
26 | which the applicant seeks, and will undertake, to practice.
| ||||||
27 | (D) Pay to the Department at the time of application
| ||||||
28 | the required fees.
| ||||||
29 | (E) Pursuant to Department rules, as required, pass an
| ||||||
30 | examination authorized by the Department to determine
the | ||||||
31 | applicant's fitness to receive a license.
| ||||||
32 | (F) Complete the application process within 3 years | ||||||
33 | from the date of
application. If the process has not been | ||||||
34 | completed within 3 years, the
application shall be denied, | ||||||
35 | application fees shall be forfeited, and the
applicant
must | ||||||
36 | reapply and meet the requirements in effect at the time of
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| |||||||
| |||||||
1 | reapplication.
| ||||||
2 | (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
| ||||||
3 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2007)
| ||||||
5 | Sec. 23. Reports relating to professional conduct
and | ||||||
6 | capacity.
| ||||||
7 | (A) Entities required to report.
| ||||||
8 | (1) Health care institutions. The chief administrator
| ||||||
9 | or executive officer of any health care institution | ||||||
10 | licensed
by the Illinois Department of Public Health shall | ||||||
11 | report to
the Disciplinary Board when any person's clinical | ||||||
12 | privileges
are terminated or are restricted based on a | ||||||
13 | final
determination, in accordance with that institution's | ||||||
14 | by-laws
or rules and regulations, that a person has either | ||||||
15 | committed
an act or acts which may directly threaten | ||||||
16 | patient care, and not of an
administrative nature, or that | ||||||
17 | a person may be mentally or
physically disabled in such a | ||||||
18 | manner as to endanger patients
under that person's care. | ||||||
19 | Such officer also shall report if
a person accepts | ||||||
20 | voluntary termination or restriction of
clinical | ||||||
21 | privileges in lieu of formal action based upon conduct | ||||||
22 | related
directly to patient care and
not of an | ||||||
23 | administrative nature, or in lieu of formal action
seeking | ||||||
24 | to determine whether a person may be mentally or
physically | ||||||
25 | disabled in such a manner as to endanger patients
under | ||||||
26 | that person's care. The Medical Disciplinary Board
shall, | ||||||
27 | by rule, provide for the reporting to it of all
instances | ||||||
28 | in which a person, licensed under this Act, who is
impaired | ||||||
29 | by reason of age, drug or alcohol abuse or physical
or | ||||||
30 | mental impairment, is under supervision and, where
| ||||||
31 | appropriate, is in a program of rehabilitation. Such
| ||||||
32 | reports shall be strictly confidential and may be reviewed
| ||||||
33 | and considered only by the members of the Disciplinary
| ||||||
34 | Board, or by authorized staff as provided by rules of the
| ||||||
35 | Disciplinary Board. Provisions shall be made for the
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| |||||||
1 | periodic report of the status of any such person not less
| ||||||
2 | than twice annually in order that the Disciplinary Board
| ||||||
3 | shall have current information upon which to determine the
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4 | status of any such person. Such initial and periodic
| ||||||
5 | reports of impaired physicians shall not be considered
| ||||||
6 | records within the meaning of The State Records Act and
| ||||||
7 | shall be disposed of, following a determination by the
| ||||||
8 | Disciplinary Board that such reports are no longer | ||||||
9 | required,
in a manner and at such time as the Disciplinary | ||||||
10 | Board shall
determine by rule. The filing of such reports | ||||||
11 | shall be
construed as the filing of a report for purposes | ||||||
12 | of
subsection (C) of this Section.
| ||||||
13 | (2) Professional associations. The President or chief
| ||||||
14 | executive officer of any association or society, of persons
| ||||||
15 | licensed under this Act, operating within this State shall
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16 | report to the Disciplinary Board when the association or
| ||||||
17 | society renders a final determination that a person has
| ||||||
18 | committed unprofessional conduct related directly to | ||||||
19 | patient
care or that a person may be mentally or physically | ||||||
20 | disabled
in such a manner as to endanger patients under | ||||||
21 | that person's
care.
| ||||||
22 | (3) Professional liability insurers. Every insurance
| ||||||
23 | company which offers policies of professional liability
| ||||||
24 | insurance to persons licensed under this Act, or any other
| ||||||
25 | entity which seeks to indemnify the professional liability
| ||||||
26 | of a person licensed under this Act, shall report to the
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27 | Disciplinary Board the settlement of any claim or cause of
| ||||||
28 | action, or final judgment rendered in any cause of action,
| ||||||
29 | which alleged negligence in the furnishing of medical care
| ||||||
30 | by such licensed person when such settlement or final
| ||||||
31 | judgment is in favor of the plaintiff.
| ||||||
32 | (4) State's Attorneys. The State's Attorney of each
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33 | county shall report to the Disciplinary Board all instances
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34 | in which a person licensed under this Act is convicted or
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35 | otherwise found guilty of the commission of any felony. The | ||||||
36 | State's Attorney
of each county may report to the |
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| |||||||
1 | Disciplinary Board through a verified
complaint any | ||||||
2 | instance in which the State's Attorney believes that a | ||||||
3 | physician
has willfully violated the notice requirements | ||||||
4 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
5 | (5) State agencies. All agencies, boards,
commissions, | ||||||
6 | departments, or other instrumentalities of the
government | ||||||
7 | of the State of Illinois shall report to the
Disciplinary | ||||||
8 | Board any instance arising in connection with
the | ||||||
9 | operations of such agency, including the administration
of | ||||||
10 | any law by such agency, in which a person licensed under
| ||||||
11 | this Act has either committed an act or acts which may be a
| ||||||
12 | violation of this Act or which may constitute | ||||||
13 | unprofessional
conduct related directly to patient care or | ||||||
14 | which indicates
that a person licensed under this Act may | ||||||
15 | be mentally or
physically disabled in such a manner as to | ||||||
16 | endanger patients
under that person's care.
| ||||||
17 | (B) Mandatory reporting. All reports required by items | ||||||
18 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
19 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
20 | timely
fashion. The reports shall be filed in writing within 60
| ||||||
21 | days after a determination that a report is required under
this | ||||||
22 | Act. All reports shall contain the following
information:
| ||||||
23 | (1) The name, address and telephone number of the
| ||||||
24 | person making the report.
| ||||||
25 | (2) The name, address and telephone number of the
| ||||||
26 | person who is the subject of the report.
| ||||||
27 | (3) The name or other means of identification of any
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28 | patient or patients whose treatment is a subject of the
| ||||||
29 | report, provided, however, no medical records may be
| ||||||
30 | revealed without the written consent of the patient or
| ||||||
31 | patients.
| ||||||
32 | (4) A brief description of the facts which gave rise
to | ||||||
33 | the issuance of the report, including the dates of any
| ||||||
34 | occurrences deemed to necessitate the filing of the report.
| ||||||
35 | (5) If court action is involved, the identity of the
| ||||||
36 | court in which the action is filed, along with the docket
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| |||||||
1 | number and date of filing of the action.
| ||||||
2 | (6) Any further pertinent information which the
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3 | reporting party deems to be an aid in the evaluation of the
| ||||||
4 | report.
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5 | The Department shall have the right to inform patients of | ||||||
6 | the right to
provide written consent for the Department to | ||||||
7 | obtain copies of hospital and
medical records.
The Disciplinary | ||||||
8 | Board or Department may exercise the power under Section
38 of | ||||||
9 | this Act to subpoena copies of hospital or medical records in | ||||||
10 | mandatory
report cases alleging death or permanent bodily | ||||||
11 | injury when consent to obtain
records is not provided by a | ||||||
12 | patient or legal representative. Appropriate
rules shall be | ||||||
13 | adopted by the Department with the approval of the Disciplinary
| ||||||
14 | Board.
| ||||||
15 | When the Department has received written reports | ||||||
16 | concerning incidents
required to be reported in items (34), | ||||||
17 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
18 | failure to report the incident to the Department
under those | ||||||
19 | items shall not be the sole grounds for disciplinary action.
| ||||||
20 | Nothing contained in this Section shall act to in any
way, | ||||||
21 | waive or modify the confidentiality of medical reports
and | ||||||
22 | committee reports to the extent provided by law. Any
| ||||||
23 | information reported or disclosed shall be kept for the
| ||||||
24 | confidential use of the Disciplinary Board, the Medical
| ||||||
25 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
26 | investigative staff, and authorized clerical staff,
as | ||||||
27 | provided in this Act, and shall be afforded the same
status as | ||||||
28 | is provided information concerning medical studies
in Part 21 | ||||||
29 | of Article VIII of the Code of Civil Procedure.
| ||||||
30 | (C) Immunity from prosecution. Any individual or
| ||||||
31 | organization acting in good faith, and not in a wilful and
| ||||||
32 | wanton manner, in complying with this Act by providing any
| ||||||
33 | report or other information to the Disciplinary Board, or
| ||||||
34 | assisting in the investigation or preparation of such
| ||||||
35 | information, or by participating in proceedings of the
| ||||||
36 | Disciplinary Board, or by serving as a member of the
|
| |||||||
| |||||||
1 | Disciplinary Board, shall not, as a result of such actions,
be | ||||||
2 | subject to criminal prosecution or civil damages.
| ||||||
3 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
4 | the Medical Coordinators, the Disciplinary Board's
attorneys, | ||||||
5 | the medical investigative staff, physicians
retained under | ||||||
6 | contract to assist and advise the medical
coordinators in the | ||||||
7 | investigation, and authorized clerical
staff shall be | ||||||
8 | indemnified by the State for any actions
occurring within the | ||||||
9 | scope of services on the Disciplinary
Board, done in good faith | ||||||
10 | and not wilful and wanton in
nature. The Attorney General shall | ||||||
11 | defend all such actions
unless he or she determines either that | ||||||
12 | there would be a
conflict of interest in such representation or | ||||||
13 | that the
actions complained of were not in good faith or were | ||||||
14 | wilful
and wanton.
| ||||||
15 | Should the Attorney General decline representation, the
| ||||||
16 | member shall have the right to employ counsel of his or her
| ||||||
17 | choice, whose fees shall be provided by the State, after
| ||||||
18 | approval by the Attorney General, unless there is a
| ||||||
19 | determination by a court that the member's actions were not
in | ||||||
20 | good faith or were wilful and wanton.
| ||||||
21 | The member must notify the Attorney General within 7
days | ||||||
22 | of receipt of notice of the initiation of any action
involving | ||||||
23 | services of the Disciplinary Board. Failure to so
notify the | ||||||
24 | Attorney General shall constitute an absolute
waiver of the | ||||||
25 | right to a defense and indemnification.
| ||||||
26 | The Attorney General shall determine within 7 days
after | ||||||
27 | receiving such notice, whether he or she will
undertake to | ||||||
28 | represent the member.
| ||||||
29 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
30 | of any report called for by this Act, other than
those reports | ||||||
31 | of impaired persons licensed under this Act
required pursuant | ||||||
32 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
33 | shall notify in writing, by certified
mail, the person who is | ||||||
34 | the subject of the report. Such
notification shall be made | ||||||
35 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
36 | report.
|
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| |||||||
1 | The notification shall include a written notice setting
| ||||||
2 | forth the person's right to examine the report. Included in
| ||||||
3 | such notification shall be the address at which the file is
| ||||||
4 | maintained, the name of the custodian of the reports, and
the | ||||||
5 | telephone number at which the custodian may be reached.
The | ||||||
6 | person who is the subject of the report shall submit a written | ||||||
7 | statement responding,
clarifying, adding to, or proposing the | ||||||
8 | amending of the
report previously filed. The statement shall | ||||||
9 | become a
permanent part of the file and must be received by the
| ||||||
10 | Disciplinary Board no more than 60 days after the date on
which | ||||||
11 | the person was notified by the Disciplinary Board of the | ||||||
12 | existence of
the
original report.
| ||||||
13 | The Disciplinary Board shall review all reports
received by | ||||||
14 | it, together with any supporting information and
responding | ||||||
15 | statements submitted by persons who are the
subject of reports. | ||||||
16 | The review by the Disciplinary Board
shall be in a timely | ||||||
17 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
18 | review of the material
contained in each disciplinary file be | ||||||
19 | less than 61 days nor
more than 180 days after the receipt of | ||||||
20 | the initial report
by the Disciplinary Board.
| ||||||
21 | When the Disciplinary Board makes its initial review of
the | ||||||
22 | materials contained within its disciplinary files, the
| ||||||
23 | Disciplinary Board shall, in writing, make a determination
as | ||||||
24 | to whether there are sufficient facts to warrant further
| ||||||
25 | investigation or action. Failure to make such determination
| ||||||
26 | within the time provided shall be deemed to be a
determination | ||||||
27 | that there are not sufficient facts to warrant
further | ||||||
28 | investigation or action.
| ||||||
29 | Should the Disciplinary Board find that there are not
| ||||||
30 | sufficient facts to warrant further investigation, or
action, | ||||||
31 | the report shall be accepted for filing and the
matter shall be | ||||||
32 | deemed closed and so reported to the Director. The Director
| ||||||
33 | shall then have 30 days to accept the Medical Disciplinary | ||||||
34 | Board's decision or
request further investigation. The | ||||||
35 | Director shall inform the Board in writing
of the decision to | ||||||
36 | request further investigation, including the specific
reasons |
| |||||||
| |||||||
1 | for the decision. The
individual or entity filing the original | ||||||
2 | report or complaint
and the person who is the subject of the | ||||||
3 | report or complaint
shall be notified in writing by the | ||||||
4 | Director of
any final action on their report or complaint.
| ||||||
5 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
6 | on a timely basis, but in no event less than one
every other | ||||||
7 | month, a summary report of final actions taken
upon | ||||||
8 | disciplinary files maintained by the Disciplinary Board.
This | ||||||
9 | publication must be made available to the public upon request | ||||||
10 | and payment of the fees set by the Department. This publication | ||||||
11 | may be made available to the public on the Internet through the | ||||||
12 | State of Illinois World Wide Web site.
The summary reports | ||||||
13 | shall be sent by the Disciplinary Board
to every health care | ||||||
14 | facility licensed by the Illinois
Department of Public Health, | ||||||
15 | every professional association
and society of persons licensed | ||||||
16 | under this Act functioning
on a statewide basis in this State, | ||||||
17 | the American Medical
Association, the American Osteopathic | ||||||
18 | Association, the
American Chiropractic Association, all | ||||||
19 | insurers providing
professional liability insurance to persons | ||||||
20 | licensed under
this Act in the State of Illinois, the | ||||||
21 | Federation of State
Medical Licensing Boards, and the Illinois | ||||||
22 | Pharmacists
Association.
| ||||||
23 | (G) Any violation of this Section shall be a Class A
| ||||||
24 | misdemeanor.
| ||||||
25 | (H) If any such person violates the provisions of this
| ||||||
26 | Section an action may be brought in the name of the People
of | ||||||
27 | the State of Illinois, through the Attorney General of
the | ||||||
28 | State of Illinois, for an order enjoining such violation
or for | ||||||
29 | an order enforcing compliance with this Section.
Upon filing of | ||||||
30 | a verified petition in such court, the court
may issue a | ||||||
31 | temporary restraining order without notice or
bond and may | ||||||
32 | preliminarily or permanently enjoin such
violation, and if it | ||||||
33 | is established that such person has
violated or is violating | ||||||
34 | the injunction, the court may
punish the offender for contempt | ||||||
35 | of court. Proceedings
under this paragraph shall be in addition | ||||||
36 | to, and not in
lieu of, all other remedies and penalties |
| |||||||
| |||||||
1 | provided for by
this Section.
| ||||||
2 | (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97; 90-699, | ||||||
3 | eff.
1-1-99.)
| ||||||
4 | (225 ILCS 60/32 rep.)
| ||||||
5 | Section 10. The Medical Practice Act of 1987 is amended by | ||||||
6 | repealing Section 32.
|