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1 | AN ACT concerning education.
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2 | WHEREAS, The General Assembly finds and recognizes that | ||||||
3 | there is a shortage of psychiatrists in designated shortage | ||||||
4 | areas within this State; therefore | ||||||
5 | Be it enacted by the People of the State of Illinois,
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6 | represented in the General Assembly:
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7 | Section 1. Short title. This Act may be cited as the | ||||||
8 | Psychiatry Practice Incentive Act. | ||||||
9 | Section 5. Purpose. The purpose of this Act is to establish | ||||||
10 | a program in the Department of Public Health to ensure access | ||||||
11 | to psychiatric health care services for all citizens of the | ||||||
12 | State, by establishing programs of grants, loans, and loan | ||||||
13 | forgiveness to recruit and retain psychiatric service | ||||||
14 | providers in designated areas of the State for physicians who | ||||||
15 | will agree to establish and maintain psychiatric practice in | ||||||
16 | areas of the State demonstrating the greatest need for more | ||||||
17 | psychiatric care. The program shall encourage licensed | ||||||
18 | psychiatrists to locate in areas where shortages exist and to | ||||||
19 | increase the total number of such physicians in the State. | ||||||
20 | Section 10. Definitions. In this Act, unless the context | ||||||
21 | otherwise requires: |
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1 | "Department" means the Department of Public Health. | ||||||
2 | "Director" means the Director of Public Health. | ||||||
3 | "Designated shortage area" means an area designated by the | ||||||
4 | Director as a psychiatric or mental health physician shortage | ||||||
5 | area, as defined by the United States Department of Health and | ||||||
6 | Human Services or as further defined by the Department to | ||||||
7 | enable it to effectively fulfill the purpose stated in Section | ||||||
8 | 5 of this Act. Such areas may include the following: | ||||||
9 | (1) an urban or rural area that is a rational area for | ||||||
10 | the delivery of health services;
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11 | (2) a population group; or
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12 | (3) a public or nonprofit private medical facility.
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13 | "Eligible medical student" means a person who meets all of | ||||||
14 | the following qualifications: | ||||||
15 | (1) He or she is an Illinois resident at the time of | ||||||
16 | application for assistance under the program established | ||||||
17 | by this Act.
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18 | (2) He or she is studying medicine in a medical school | ||||||
19 | located in Illinois.
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20 | (3) He or she exhibits financial need, as determined by | ||||||
21 | the Department.
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22 | (4) He or she agrees to practice full time in a | ||||||
23 | designated shortage area as a psychiatrist for one year for | ||||||
24 | each year that he or she receives assistance under this | ||||||
25 | Act.
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26 | "Medical facility" means a facility for the delivery of |
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1 | health services. "Medical facility" includes a hospital, State | ||||||
2 | mental health institution, public health center, outpatient | ||||||
3 | medical facility, rehabilitation facility, long-term care | ||||||
4 | facility, federally-qualified health center, migrant health | ||||||
5 | center, a community health center, or a State correctional | ||||||
6 | institution. | ||||||
7 | "Psychiatric physician" means a person licensed to | ||||||
8 | practice medicine in all of its branches under the Medical | ||||||
9 | Practice Act of 1987 with board eligibility or certification in | ||||||
10 | the specialty of psychiatry, as defined by recognized standards | ||||||
11 | of professional medical practice. | ||||||
12 | "Psychiatric practice residency program" means a program | ||||||
13 | accredited by the Residency Review Committee for Psychiatry of | ||||||
14 | the Accreditation Council for Graduate Medical Education or the | ||||||
15 | American Osteopathic Association. | ||||||
16 | Section 15. Powers and duties of the Department. The | ||||||
17 | Department shall have all of the following powers and duties: | ||||||
18 | (1) To allocate funds to psychiatric practice | ||||||
19 | residency and child and adolescent fellowship programs | ||||||
20 | according to the following priorities:
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21 | (A) to increase the number of psychiatric | ||||||
22 | physicians in designated shortage areas;
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23 | (B) to increase the percentage of psychiatric | ||||||
24 | physicians establishing practice within the State upon | ||||||
25 | completion of residency;
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1 | (C) to increase the number of accredited | ||||||
2 | psychiatric practice residencies within the State; and
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3 | (D) to increase the percentage of psychiatric | ||||||
4 | practice physicians establishing practice within the | ||||||
5 | State upon completion of residency. | ||||||
6 | (2) To determine the procedures for the distribution of | ||||||
7 | the funds to psychiatric residency programs, including the | ||||||
8 | establishment of eligibility criteria in accordance with | ||||||
9 | the following guidelines: | ||||||
10 | (A) preference for programs that are to be | ||||||
11 | established at locations that exhibit potential for | ||||||
12 | extending psychiatric practice physician availability | ||||||
13 | to designated shortage areas;
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14 | (B) preference for programs that are located away | ||||||
15 | from communities in which medical schools are located; | ||||||
16 | and
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17 | (C) preference for programs located in hospitals | ||||||
18 | that have affiliation agreements with medical schools | ||||||
19 | located within the State.
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20 | In distributing such funds, the Department may also | ||||||
21 | consider as secondary criteria whether or not a psychiatric | ||||||
22 | practice residency program has (i) adequate courses of | ||||||
23 | instruction in the child and adolescent behavioral | ||||||
24 | disorder sciences;
(ii) availability and systematic | ||||||
25 | utilization of opportunities for residents to gain | ||||||
26 | experience through local health departments, community |
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1 | mental health centers, or other preventive or occupational | ||||||
2 | medical facilities;
(iii) a continuing program of | ||||||
3 | community oriented research in such areas as risk factors | ||||||
4 | in community populations;
(iv) sufficient mechanisms for | ||||||
5 | maintenance of quality training, such as peer review, | ||||||
6 | systematic progress reviews, referral system, and | ||||||
7 | maintenance of adequate records; and
(v) an appropriate | ||||||
8 | course of instruction in societal, institutional, and | ||||||
9 | economic conditions affecting psychiatric practice. | ||||||
10 | (3) To receive and disburse federal funds in accordance | ||||||
11 | with the purpose stated in Section 5 of this Act. | ||||||
12 | (4) To enter into contracts or agreements with any | ||||||
13 | agency or department of this State or the United States to | ||||||
14 | carry out the provisions of this Act. | ||||||
15 | (5) To coordinate the psychiatric residency grants | ||||||
16 | program established under this Act with other student | ||||||
17 | assistance and residency programs administered by the | ||||||
18 | Department and the Board of Higher Education under the | ||||||
19 | Health Services Education Grants Act, including, but not be | ||||||
20 | limited to, the establishment of criteria, standards and | ||||||
21 | procedures that enable a person who has qualified and | ||||||
22 | received assistance under the Family Practice Residency | ||||||
23 | Act to receive credit under that Act for any additional | ||||||
24 | training in the specialty of psychiatry recognized under | ||||||
25 | this Act and who practices as a psychiatrist in a | ||||||
26 | designated shortage area. Creditable training and practice |
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1 | under this Act shall be considered sufficient evidence in | ||||||
2 | meeting the service obligations under the Family Practice | ||||||
3 | Residency Act. | ||||||
4 | (6) To design and coordinate a study for the purpose of | ||||||
5 | assessing the characteristics of practice resulting from | ||||||
6 | the psychiatric practice residency programs including, but | ||||||
7 | not limited to, information regarding the nature and scope | ||||||
8 | of practices, location of practices, years of active | ||||||
9 | practice following completion of residency and other | ||||||
10 | information deemed necessary for the administration of | ||||||
11 | this Act. | ||||||
12 | (7) To establish a program, and the criteria for such | ||||||
13 | program, for the repayment of the educational loans of | ||||||
14 | physicians who agree to serve in designated shortage areas | ||||||
15 | for a specified period of time, no less than 3 years. | ||||||
16 | Payments under this program may be made for the principal, | ||||||
17 | interest, and related expenses of government and | ||||||
18 | commercial loans received by the individual for tuition | ||||||
19 | expenses and all other reasonable educational expenses | ||||||
20 | incurred by the individual. Payments made under this | ||||||
21 | provision are exempt from State income tax, as provided by | ||||||
22 | law. | ||||||
23 | (8) To require psychiatric practice residency programs | ||||||
24 | seeking grants under this Act to make application according | ||||||
25 | to procedures consistent with the priorities and | ||||||
26 | guidelines established in items (1) and (2) of this |
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1 | Section. | ||||||
2 | (9) To adopt rules and regulations that are necessary | ||||||
3 | for the establishment and maintenance of the programs | ||||||
4 | required by this Act. | ||||||
5 | Section 20. Application requirement; ratio of State | ||||||
6 | support to local support. Residency programs seeking funds | ||||||
7 | under this Act must make application to the Department. The | ||||||
8 | application shall include evidence of local support for the | ||||||
9 | program, either in the form of funds, services, or other | ||||||
10 | resources. The ratio of State support to local support shall be | ||||||
11 | determined by the Department in a manner that is consistent | ||||||
12 | with the purposes of this Act, as set forth in Section 5 of | ||||||
13 | this Act. In establishing such ratio of State support to local | ||||||
14 | support, the Department may vary the amount of the required | ||||||
15 | local support depending upon the criticality of the need for | ||||||
16 | more professional health care services, the geographic | ||||||
17 | location, and the economic base of the designated shortage | ||||||
18 | area. | ||||||
19 | Section 25. Study participation. Residency programs | ||||||
20 | qualifying for grants under this Act shall participate in the | ||||||
21 | study required in item (6) of Section 15 of this Act. | ||||||
22 | Section 30. Illinois Administrative Procedure Act. The | ||||||
23 | Illinois Administrative Procedure Act is hereby expressly |
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1 | adopted and incorporated herein as if all of the provisions of | ||||||
2 | such Act were included in this Act. | ||||||
3 | Section 35. Annual report. The Department shall annually | ||||||
4 | report to the General Assembly and the Governor the results and | ||||||
5 | progress of all programs established under this Act on or | ||||||
6 | before March 15.
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7 | The annual report to the General Assembly and the Governor | ||||||
8 | must include the impact of programs established under this Act | ||||||
9 | on the ability of designated shortage areas to attract and | ||||||
10 | retain physicians and other health care personnel. The report | ||||||
11 | shall include recommendations to improve that ability. | ||||||
12 | The requirement for reporting to the General Assembly shall | ||||||
13 | be satisfied by filing copies of the report with the Speaker, | ||||||
14 | the Minority Leader, and the Clerk of the House of | ||||||
15 | Representatives and the President, the Minority Leader and the | ||||||
16 | Secretary of the Senate and the Legislative Research Unit, as | ||||||
17 | required by Section 3.1 of the General Assembly Organization | ||||||
18 | Act, and by filing such additional copies with the State | ||||||
19 | Government Report Distribution Center for the General Assembly | ||||||
20 | as is required under paragraph (t) of Section 7 of the State | ||||||
21 | Library Act. | ||||||
22 | Section 40. Penalty for failure to fulfill obligation. Any | ||||||
23 | recipient of assistance under this Act who fails to fulfill his | ||||||
24 | or her obligation to practice full-time in a designated |
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1 | shortage area as a psychiatrist for one year for each year that | ||||||
2 | he or she is a recipient of assistance shall pay to the | ||||||
3 | Department a sum equal to 3 times the amount of the assistance | ||||||
4 | provided for each year that the recipient fails to fulfill such | ||||||
5 | obligation. A recipient of assistance who fails to fulfill his | ||||||
6 | or her practice obligation shall have 30 days after the date on | ||||||
7 | which that failure begins to enter into a contract with the | ||||||
8 | Department that sets forth the manner in which that sum is | ||||||
9 | required to be paid. The amounts paid to the Department under | ||||||
10 | this Section shall be deposited into the Community Health | ||||||
11 | Center Care Fund and shall be used by the Department to improve | ||||||
12 | access to primary health care services as authorized by | ||||||
13 | subsection (a) of Section 2310-200 of the Department of Public | ||||||
14 | Health Powers and Duties Law of the Civil Administrative Code | ||||||
15 | of Illinois (20 ILCS 2310/2310-200). | ||||||
16 | The Department may transfer to the Illinois Finance | ||||||
17 | Authority, into an account outside of the State treasury, | ||||||
18 | moneys in the Community Health Center Care Fund as needed, but | ||||||
19 | not to exceed an amount established by rule by the Department | ||||||
20 | to establish a reserve or credit enhancement escrow account to | ||||||
21 | support a financing program or a loan or equipment leasing | ||||||
22 | program to provide moneys to support the purposes of subsection | ||||||
23 | (a) of Section 2310-200 of the Department of Public Health | ||||||
24 | Powers and Duties Law of the Civil Administrative Code of | ||||||
25 | Illinois (20 ILCS 2310/2310-200). The disposition of moneys at | ||||||
26 | the conclusion of any financing program under this Section |
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1 | shall be determined by an interagency agreement. | ||||||
2 | Section 90. The Family Practice Residency Act is amended by | ||||||
3 | changing Section 10 as follows:
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4 | (110 ILCS 935/10) (from Ch. 144, par. 1460)
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5 | Sec. 10. (a) Scholarship recipients who fail to fulfill the
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6 | obligation described in subsection (d) of Section 3.07 of this
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7 | Act shall pay to the Department a sum equal to 3 times the | ||||||
8 | amount
of the annual scholarship grant for each year the
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9 | recipient fails to fulfill such obligation. A scholarship | ||||||
10 | recipient who
fails to fulfill the obligation described in | ||||||
11 | subsection (d) of Section 3.07
shall have 30 days from the date | ||||||
12 | on which that failure begins in which to enter
into a contract | ||||||
13 | with the Department that sets forth the manner in which that
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14 | sum is required to be paid. If the contract is not entered into | ||||||
15 | within that 30
day period or if the contract is entered into | ||||||
16 | but the required payments are not
made in the amounts and at | ||||||
17 | the times provided in the contract, the scholarship
recipient | ||||||
18 | also shall be required to pay to the Department interest at the | ||||||
19 | rate
of 9% per annum on the amount of that sum remaining due | ||||||
20 | and unpaid. The
amounts paid to the Department
under this | ||||||
21 | Section shall be deposited into the Community Health
Center | ||||||
22 | Care Fund and shall be used by the Department to improve
access | ||||||
23 | to primary health care services as authorized by subsection (a) | ||||||
24 | of
Section
2310-200 of the Department of Public Health Powers |
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1 | and
Duties
Law (20 ILCS 2310/2310-200).
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2 | (b) Any monetary penalties, including accumulated interest | ||||||
3 | fees, imposed under this Section after December 31, 1999 and | ||||||
4 | before the effective date of this amendatory Act of the 95th | ||||||
5 | General Assembly upon a scholarship recipient who has been | ||||||
6 | found by the Department to have failed to fulfill the | ||||||
7 | obligation set forth in subsection (d) of Section 3.07 of this | ||||||
8 | Act, but who has been practicing as a psychiatrist within a | ||||||
9 | Designated Shortage Area after December 31, 1999 and before the | ||||||
10 | effective date of this amendatory Act of the 95th General | ||||||
11 | Assembly, must be declared null and void by the Department, and | ||||||
12 | any payments made to the Department by the scholarship | ||||||
13 | recipient must be returned to that scholarship recipient within | ||||||
14 | a reasonable amount of time, as determined by the Department.
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15 | (c) The Department may transfer to the Illinois Finance
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16 | Authority,
into an account outside the State treasury,
moneys | ||||||
17 | in the
Community Health Center Care Fund as needed, but not to | ||||||
18 | exceed an amount
established, by rule, by the Department to | ||||||
19 | establish a reserve or credit
enhancement escrow account to | ||||||
20 | support a financing program or a loan or
equipment leasing | ||||||
21 | program to provide moneys to
support the purposes of subsection | ||||||
22 | (a) of Section 2310-200
of the Department of Public Health | ||||||
23 | Powers and Duties Law (20 ILCS
2310/2310-200).
The disposition | ||||||
24 | of moneys at the conclusion of any financing program under this
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25 | Section
shall be determined by an interagency agreement.
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26 | (Source: P.A. 93-205, eff. 1-1-04.)
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