Illinois General Assembly - Full Text of HB1801
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Full Text of HB1801  102nd General Assembly

HB1801 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1801

 

Introduced 2/17/2021, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Medical Practice Act of 1987. Provides for the licensure of naturopathic physicians. Makes conforming changes in various other Acts. Effective immediately.


LRB102 13812 SPS 19162 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1801LRB102 13812 SPS 19162 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Findings. The General Assembly finds that:
5        (1) naturopathic medicine is not currently regulated
6    in Illinois, and needs to be on the principles of freedom
7    of choice in healthcare and consumer protection;
8        (2) naturopathic physicians are trained alongside and
9    at the same standard as chiropractic physicians in
10    Illinois;
11        (3) naturopathic medicine has a federally recognized
12    accreditation agency, the Council on Naturopathic Medical
13    Education, which makes identification of properly
14    credentialed individuals simple and straightforward;
15        (4) naturopathic medicine has a common licensing
16    examination used across North America, the Naturopathic
17    Physicians Licensing Examinations (NPLEX); and
18        (5) citizens of Illinois are obtaining the credentials
19    for naturopathic physicians but do not currently have a
20    legislative framework that allows them to practice in the
21    State.
 
22    Section 5. The Geriatric Medicine Assistance Act is
23amended by changing Section 2 as follows:
 

 

 

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1    (20 ILCS 3945/2)  (from Ch. 144, par. 2002)
2    Sec. 2. There is created the Geriatric Medicine Assistance
3Commission. The Commission shall receive and approve
4applications for grants from schools, recognized by the
5Department of Professional Regulation as being authorized to
6confer doctor of medicine, doctor of osteopathy, doctor of
7chiropractic, doctor of naturopathic medicine, or registered
8professional nursing degrees in the State, to help finance the
9establishment of geriatric medicine programs within such
10schools. In determining eligibility for grants, the Commission
11shall give preference to those programs which exhibit the
12greatest potential for directly benefiting the largest number
13of elderly citizens in the State. The Commission may not
14approve the application of any institution which is unable to
15demonstrate its current financial stability and reasonable
16prospects for future stability. No institution which fails to
17possess and maintain an open policy with respect to race,
18creed, color and sex as to admission of students, appointment
19of faculty and employment of staff shall be eligible for
20grants under this Act. The Commission shall establish such
21rules and standards as it deems necessary for the
22implementation of this Act.
23    The Commission shall be composed of 8 members selected as
24follows: 2 physicians licensed to practice under the Medical
25Practice Act of 1987 and specializing in geriatric medicine; a

 

 

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1registered professional nurse licensed under the Nurse
2Practice Act and specializing in geriatric health care; 2
3representatives of organizations interested in geriatric
4medicine or the care of the elderly; and 3 individuals 60 or
5older who are interested in geriatric health care or the care
6of the elderly. The members of the Commission shall be
7selected by the Governor from a list of recommendations
8submitted to him by organizations concerned with geriatric
9medicine or the care of the elderly.
10    The terms of the members of the Commission shall be 4
11years, except that of the members initially appointed, 2 shall
12be designated to serve until January 1, 1986, 3 until January
131, 1988, and 2 until January 1, 1990. Members of the Commission
14shall receive no compensation, but shall be reimbursed for
15actual expenses incurred in carrying out their duties.
16(Source: P.A. 95-639, eff. 10-5-07.)
 
17    Section 10. The School Code is amended by changing
18Sections 24-6 and 26-1 as follows:
 
19    (105 ILCS 5/24-6)
20    Sec. 24-6. Sick leave. The school boards of all school
21districts, including special charter districts, but not
22including school districts in municipalities of 500,000 or
23more, shall grant their full-time teachers, and also shall
24grant such of their other employees as are eligible to

 

 

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1participate in the Illinois Municipal Retirement Fund under
2the "600-Hour Standard" established, or under such other
3eligibility participation standard as may from time to time be
4established, by rules and regulations now or hereafter
5promulgated by the Board of that Fund under Section 7-198 of
6the Illinois Pension Code, as now or hereafter amended, sick
7leave provisions not less in amount than 10 days at full pay in
8each school year. If any such teacher or employee does not use
9the full amount of annual leave thus allowed, the unused
10amount shall be allowed to accumulate to a minimum available
11leave of 180 days at full pay, including the leave of the
12current year. Sick leave shall be interpreted to mean personal
13illness, quarantine at home, serious illness or death in the
14immediate family or household, or birth, adoption, or
15placement for adoption. The school board may require a
16certificate from a physician licensed in Illinois to practice
17medicine and surgery in all its branches, a chiropractic
18physician or naturopathic physician licensed under the Medical
19Practice Act of 1987, a licensed advanced practice registered
20nurse, a licensed physician assistant, or, if the treatment is
21by prayer or spiritual means, a spiritual adviser or
22practitioner of the teacher's or employee's faith as a basis
23for pay during leave after an absence of 3 days for personal
24illness or 30 days for birth or as the school board may deem
25necessary in other cases. If the school board does require a
26certificate as a basis for pay during leave of less than 3 days

 

 

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1for personal illness, the school board shall pay, from school
2funds, the expenses incurred by the teachers or other
3employees in obtaining the certificate. For paid leave for
4adoption or placement for adoption, the school board may
5require that the teacher or other employee provide evidence
6that the formal adoption process is underway, and such leave
7is limited to 30 days unless a longer leave has been negotiated
8with the exclusive bargaining representative.
9    If, by reason of any change in the boundaries of school
10districts, or by reason of the creation of a new school
11district, the employment of a teacher is transferred to a new
12or different board, the accumulated sick leave of such teacher
13is not thereby lost, but is transferred to such new or
14different district.
15    For purposes of this Section, "immediate family" shall
16include parents, spouse, brothers, sisters, children,
17grandparents, grandchildren, parents-in-law, brothers-in-law,
18sisters-in-law, and legal guardians.
19(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
20    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
21    Sec. 26-1. Compulsory school age; exemptions. Whoever has
22custody or control of any child (i) between the ages of 7 and
2317 years (unless the child has already graduated from high
24school) for school years before the 2014-2015 school year or
25(ii) between the ages of 6 (on or before September 1) and 17

 

 

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1years (unless the child has already graduated from high
2school) beginning with the 2014-2015 school year shall cause
3such child to attend some public school in the district
4wherein the child resides the entire time it is in session
5during the regular school term, except as provided in Section
610-19.1, and during a required summer school program
7established under Section 10-22.33B; provided, that the
8following children shall not be required to attend the public
9schools:
10        1. Any child attending a private or a parochial school
11    where children are taught the branches of education taught
12    to children of corresponding age and grade in the public
13    schools, and where the instruction of the child in the
14    branches of education is in the English language;
15        2. Any child who is physically or mentally unable to
16    attend school, such disability being certified to the
17    county or district truant officer by a competent physician
18    licensed in Illinois to practice medicine and surgery in
19    all its branches, a chiropractic physician or naturopathic
20    physician licensed under the Medical Practice Act of 1987,
21    a licensed advanced practice registered nurse, a licensed
22    physician assistant, or a Christian Science practitioner
23    residing in this State and listed in the Christian Science
24    Journal; or who is excused for temporary absence for cause
25    by the principal or teacher of the school which the child
26    attends; the exemptions in this paragraph (2) do not apply

 

 

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1    to any female who is pregnant or the mother of one or more
2    children, except where a female is unable to attend school
3    due to a complication arising from her pregnancy and the
4    existence of such complication is certified to the county
5    or district truant officer by a competent physician;
6        3. Any child necessarily and lawfully employed
7    according to the provisions of the law regulating child
8    labor may be excused from attendance at school by the
9    county superintendent of schools or the superintendent of
10    the public school which the child should be attending, on
11    certification of the facts by and the recommendation of
12    the school board of the public school district in which
13    the child resides. In districts having part-time
14    continuation schools, children so excused shall attend
15    such schools at least 8 hours each week;
16        4. Any child over 12 and under 14 years of age while in
17    attendance at confirmation classes;
18        5. Any child absent from a public school on a
19    particular day or days or at a particular time of day for
20    the reason that he is unable to attend classes or to
21    participate in any examination, study or work requirements
22    on a particular day or days or at a particular time of day,
23    because the tenets of his religion forbid secular activity
24    on a particular day or days or at a particular time of day.
25    Each school board shall prescribe rules and regulations
26    relative to absences for religious holidays including, but

 

 

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1    not limited to, a list of religious holidays on which it
2    shall be mandatory to excuse a child; but nothing in this
3    paragraph 5 shall be construed to limit the right of any
4    school board, at its discretion, to excuse an absence on
5    any other day by reason of the observance of a religious
6    holiday. A school board may require the parent or guardian
7    of a child who is to be excused from attending school due
8    to the observance of a religious holiday to give notice,
9    not exceeding 5 days, of the child's absence to the school
10    principal or other school personnel. Any child excused
11    from attending school under this paragraph 5 shall not be
12    required to submit a written excuse for such absence after
13    returning to school;
14        6. Any child 16 years of age or older who (i) submits
15    to a school district evidence of necessary and lawful
16    employment pursuant to paragraph 3 of this Section and
17    (ii) is enrolled in a graduation incentives program
18    pursuant to Section 26-16 of this Code or an alternative
19    learning opportunities program established pursuant to
20    Article 13B of this Code;
21        7. A child in any of grades 6 through 12 absent from a
22    public school on a particular day or days or at a
23    particular time of day for the purpose of sounding "Taps"
24    at a military honors funeral held in this State for a
25    deceased veteran. In order to be excused under this
26    paragraph 7, the student shall notify the school's

 

 

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1    administration at least 2 days prior to the date of the
2    absence and shall provide the school's administration with
3    the date, time, and location of the military honors
4    funeral. The school's administration may waive this 2-day
5    notification requirement if the student did not receive at
6    least 2 days advance notice, but the student shall notify
7    the school's administration as soon as possible of the
8    absence. A student whose absence is excused under this
9    paragraph 7 shall be counted as if the student attended
10    school for purposes of calculating the average daily
11    attendance of students in the school district. A student
12    whose absence is excused under this paragraph 7 must be
13    allowed a reasonable time to make up school work missed
14    during the absence. If the student satisfactorily
15    completes the school work, the day of absence shall be
16    counted as a day of compulsory attendance and he or she may
17    not be penalized for that absence; and
18        8. Any child absent from a public school on a
19    particular day or days or at a particular time of day for
20    the reason that his or her parent or legal guardian is an
21    active duty member of the uniformed services and has been
22    called to duty for, is on leave from, or has immediately
23    returned from deployment to a combat zone or
24    combat-support postings. Such a student shall be granted 5
25    days of excused absences in any school year and, at the
26    discretion of the school board, additional excused

 

 

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1    absences to visit the student's parent or legal guardian
2    relative to such leave or deployment of the parent or
3    legal guardian. In the case of excused absences pursuant
4    to this paragraph 8, the student and parent or legal
5    guardian shall be responsible for obtaining assignments
6    from the student's teacher prior to any period of excused
7    absence and for ensuring that such assignments are
8    completed by the student prior to his or her return to
9    school from such period of excused absence.
10(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
11100-185, eff. 8-18-17; 100-513, eff. 1-1-18; 100-863, eff.
128-14-18.)
 
13    Section 15. The Illinois Insurance Code is amended by
14changing Section 122-1 as follows:
 
15    (215 ILCS 5/122-1)  (from Ch. 73, par. 734-1)
16    Sec. 122-1. The authority and jurisdiction of Insurance
17Department. Notwithstanding any other provision of law, and
18except as provided herein, any person or other entity which
19provides coverage in this State for medical, surgical,
20chiropractic, naturopathic, naprapathic, physical therapy,
21speech pathology, audiology, professional mental health,
22dental, hospital, ophthalmologic, or optometric expenses,
23whether such coverage is by direct-payment, reimbursement, or
24otherwise, shall be presumed to be subject to the jurisdiction

 

 

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1of the Department unless the person or other entity shows that
2while providing such coverage it is subject to the
3jurisdiction of another agency of this State, any subdivision
4of this State, or the federal government, or is a plan of
5self-insurance or other employee welfare benefit program of an
6individual employer or labor union established or maintained
7under or pursuant to a collective bargaining agreement or
8other arrangement which provides for health care services
9solely for its employees or members and their dependents.
10(Source: P.A. 90-7, eff. 6-10-97.)
 
11    Section 20. The Medical Practice Act of 1987 is amended by
12changing Sections 2, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19,
1322, 24, 33, and 34 as follows:
 
14    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 2. Definitions. For purposes of this Act, the
17following definitions shall have the following meanings,
18except where the context requires otherwise:
19    "Act" means the Medical Practice Act of 1987.
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's
23licensure maintenance unit.
24    "Approved naturopathic medical program" means a

 

 

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1naturopathic medical education program accredited or granted
2candidacy status by the United States Council on Naturopathic
3Medical Education, or an equivalent federally recognized
4accrediting body for the naturopathic medical profession
5recognized by the Board, that offers graduate-level,
6full-time, didactic, and supervised clinical training of at
7least 4,200 hours in length leading to the degree of Doctor of
8Naturopathy or Doctor of Naturopathic Medicine and is part of
9an institution of higher education that is either accredited
10or is a candidate for accreditation by a regional
11institutional accrediting agency recognized by the United
12States Secretary of Education or eligible for student loans in
13Canada.
14    "Chiropractic physician" means a person licensed to treat
15human ailments without the use of drugs and without operative
16surgery. Nothing in this Act shall be construed to prohibit a
17chiropractic physician from providing advice regarding the use
18of non-prescription products or from administering atmospheric
19oxygen. Nothing in this Act shall be construed to authorize a
20chiropractic physician to prescribe drugs.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Disciplinary action" means revocation, suspension,
24probation, supervision, practice modification, reprimand,
25required education, fines or any other action taken by the
26Department against a person holding a license.

 

 

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1    "Disciplinary Board" means the Medical Disciplinary Board.
2    "Email address of record" means the designated email
3address recorded by the Department in the applicant's
4application file or the licensee's license file, as maintained
5by the Department's licensure maintenance unit.
6    "Final determination" means the governing body's final
7action taken under the procedure followed by a health care
8institution, or professional association or society, against
9any person licensed under the Act in accordance with the
10bylaws or rules and regulations of such health care
11institution, or professional association or society.
12    "Fund" means the Illinois State Medical Disciplinary Fund.
13    "Impaired" means the inability to practice medicine with
14reasonable skill and safety due to physical or mental
15disabilities as evidenced by a written determination or
16written consent based on clinical evidence including
17deterioration through the aging process or loss of motor
18skill, or abuse of drugs or alcohol, of sufficient degree to
19diminish a person's ability to deliver competent patient care.
20    "Licensing Board" means the Medical Licensing Board.
21    "Naturopathic physician" means a practitioner of
22naturopathic medicine who has been properly licensed for that
23purpose by the Department under this Act. "Naturopathic
24physician" includes all titles and designations associated
25with the practice of naturopathic medicine, including, "doctor
26of naturopathic medicine", "doctor of naturopathy",

 

 

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1"naturopathic doctor", "naturopath", "naturopathic medical
2doctor", "N.D.", "ND", "N.M.D.", and "NMD".
3    "Physician" means a person licensed under the Medical
4Practice Act to practice medicine in all of its branches, a
5naturopathic physician, or a chiropractic physician.
6    "Professional association" means an association or society
7of persons licensed under this Act, and operating within the
8State of Illinois, including but not limited to, medical
9societies, osteopathic organizations, naturopathic
10organizations, and chiropractic organizations, but this term
11shall not be deemed to include hospital medical staffs.
12    "Program of care, counseling, or treatment" means a
13written schedule of organized treatment, care, counseling,
14activities, or education, satisfactory to the Disciplinary
15Board, designed for the purpose of restoring an impaired
16person to a condition whereby the impaired person can practice
17medicine with reasonable skill and safety of a sufficient
18degree to deliver competent patient care.
19    "Reinstate" means to change the status of a license from
20inactive or nonrenewed status to active status.
21    "Restore" means to remove an encumbrance from a license
22due to probation, suspension, or revocation.
23    "Secretary" means the Secretary of the Department of
24Financial and Professional Regulation.
25(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
 

 

 

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1    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 7. Medical Disciplinary Board.
4    (A) There is hereby created the Illinois State Medical
5Disciplinary Board. The Disciplinary Board shall consist of 12
611 members, to be appointed by the Governor by and with the
7advice and consent of the Senate. All members shall be
8residents of the State, not more than 7 6 of whom shall be
9members of the same political party. All members shall be
10voting members. Five members shall be physicians licensed to
11practice medicine in all of its branches in Illinois
12possessing the degree of doctor of medicine. One member shall
13be a physician licensed to practice medicine in all its
14branches in Illinois possessing the degree of doctor of
15osteopathy or osteopathic medicine. One member shall be a
16chiropractic physician licensed to practice in Illinois and
17possessing the degree of doctor of chiropractic. One member
18shall be a naturopathic physician licensed to practice in
19Illinois and possessing the degree of naturopathic medicine.
20Four members shall be members of the public, who shall not be
21engaged in any way, directly or indirectly, as providers of
22health care.
23    (B) Members of the Disciplinary Board shall be appointed
24for terms of 4 years. Upon the expiration of the term of any
25member, their successor shall be appointed for a term of 4
26years by the Governor by and with the advice and consent of the

 

 

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1Senate. The Governor shall fill any vacancy for the remainder
2of the unexpired term with the advice and consent of the
3Senate. Upon recommendation of the Board, any member of the
4Disciplinary Board may be removed by the Governor for
5misfeasance, malfeasance, or wilful neglect of duty, after
6notice, and a public hearing, unless such notice and hearing
7shall be expressly waived in writing. Each member shall serve
8on the Disciplinary Board until their successor is appointed
9and qualified. No member of the Disciplinary Board shall serve
10more than 2 consecutive 4 year terms.
11    In making appointments the Governor shall attempt to
12insure that the various social and geographic regions of the
13State of Illinois are properly represented.
14    In making the designation of persons to act for the
15several professions represented on the Disciplinary Board, the
16Governor shall give due consideration to recommendations by
17members of the respective professions and by organizations
18therein.
19    (C) The Disciplinary Board shall annually elect one of its
20voting members as chairperson and one as vice chairperson. No
21officer shall be elected more than twice in succession to the
22same office. Each officer shall serve until their successor
23has been elected and qualified.
24    (D) (Blank).
25    (E) Six voting members of the Disciplinary Board, at least
264 of whom are physicians, shall constitute a quorum. A vacancy

 

 

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1in the membership of the Disciplinary Board shall not impair
2the right of a quorum to exercise all the rights and perform
3all the duties of the Disciplinary Board. Any action taken by
4the Disciplinary Board under this Act may be authorized by
5resolution at any regular or special meeting and each such
6resolution shall take effect immediately. The Disciplinary
7Board shall meet at least quarterly.
8    (F) Each member, and member-officer, of the Disciplinary
9Board shall receive a per diem stipend as the Secretary shall
10determine. Each member shall be paid their necessary expenses
11while engaged in the performance of their duties.
12    (G) The Secretary shall select a Chief Medical Coordinator
13and not less than 2 Deputy Medical Coordinators who shall not
14be members of the Disciplinary Board. Each medical coordinator
15shall be a physician licensed to practice medicine in all of
16its branches, and the Secretary shall set their rates of
17compensation. The Secretary shall assign at least one medical
18coordinator to a region composed of Cook County and such other
19counties as the Secretary may deem appropriate, and such
20medical coordinator or coordinators shall locate their office
21in Chicago. The Secretary shall assign at least one medical
22coordinator to a region composed of the balance of counties in
23the State, and such medical coordinator or coordinators shall
24locate their office in Springfield. The Chief Medical
25Coordinator shall be the chief enforcement officer of this
26Act. None of the functions, powers, or duties of the

 

 

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1Department with respect to policies regarding enforcement or
2discipline under this Act, including the adoption of such
3rules as may be necessary for the administration of this Act,
4shall be exercised by the Department except upon review of the
5Disciplinary Board.
6    The Secretary shall employ, in conformity with the
7Personnel Code, investigators who are college graduates with
8at least 2 years of investigative experience or one year of
9advanced medical education. Upon the written request of the
10Disciplinary Board, the Secretary shall employ, in conformity
11with the Personnel Code, such other professional, technical,
12investigative, and clerical help, either on a full or
13part-time basis as the Disciplinary Board deems necessary for
14the proper performance of its duties.
15    (H) Upon the specific request of the Disciplinary Board,
16signed by either the chairperson, vice chairperson, or a
17medical coordinator of the Disciplinary Board, the Department
18of Human Services, the Department of Healthcare and Family
19Services, the Department of State Police, or any other law
20enforcement agency located in this State shall make available
21any and all information that they have in their possession
22regarding a particular case then under investigation by the
23Disciplinary Board.
24    (I) Members of the Disciplinary Board shall be immune from
25suit in any action based upon any disciplinary proceedings or
26other acts performed in good faith as members of the

 

 

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1Disciplinary Board.
2    (J) The Disciplinary Board may compile and establish a
3statewide roster of physicians and other medical
4professionals, including the several medical specialties, of
5such physicians and medical professionals, who have agreed to
6serve from time to time as advisors to the medical
7coordinators. Such advisors shall assist the medical
8coordinators or the Disciplinary Board in their investigations
9and participation in complaints against physicians. Such
10advisors shall serve under contract and shall be reimbursed at
11a reasonable rate for the services provided, plus reasonable
12expenses incurred. While serving in this capacity, the
13advisor, for any act undertaken in good faith and in the
14conduct of his or her duties under this Section, shall be
15immune from civil suit.
16(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
17    (225 ILCS 60/8)  (from Ch. 111, par. 4400-8)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 8. Medical Licensing Board.
20    (A) There is hereby created a Medical Licensing Board. The
21Licensing Board shall be composed of 8 7 members, to be
22appointed by the Governor by and with the advice and consent of
23the Senate; 5 of whom shall be reputable physicians licensed
24to practice medicine in all of its branches in Illinois,
25possessing the degree of doctor of medicine; one member shall

 

 

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1be a reputable physician licensed in Illinois to practice
2medicine in all of its branches, possessing the degree of
3doctor of osteopathy or osteopathic medicine; one member shall
4be a reputable naturopathic physician licensed to practice in
5Illinois and possessing the degree of doctor of naturopathic
6medicine; and one member shall be a reputable chiropractic
7physician licensed to practice in Illinois and possessing the
8degree of doctor of chiropractic. Of the 5 members holding the
9degree of doctor of medicine, one shall be a full-time or
10part-time teacher of professorial rank in the clinical
11department of an Illinois school of medicine.
12    (B) Members of the Licensing Board shall be appointed for
13terms of 4 years, and until their successors are appointed and
14qualified. Appointments to fill vacancies shall be made in the
15same manner as original appointments, for the unexpired
16portion of the vacated term. No more than 4 members of the
17Licensing Board shall be members of the same political party
18and all members shall be residents of this State. No member of
19the Licensing Board may be appointed to more than 2 successive
204 year terms.
21    (C) Members of the Licensing Board shall be immune from
22suit in any action based upon any licensing proceedings or
23other acts performed in good faith as members of the Licensing
24Board.
25    (D) (Blank).
26    (E) The Licensing Board shall annually elect one of its

 

 

HB1801- 21 -LRB102 13812 SPS 19162 b

1members as chairperson and one as vice chairperson. No member
2shall be elected more than twice in succession to the same
3office. Each officer shall serve until his or her successor
4has been elected and qualified.
5    (F) None of the functions, powers or duties of the
6Department with respect to policies regarding licensure and
7examination under this Act, including the promulgation of such
8rules as may be necessary for the administration of this Act,
9shall be exercised by the Department except upon review of the
10Licensing Board.
11    (G) The Licensing Board shall receive the same
12compensation as the members of the Disciplinary Board, which
13compensation shall be paid out of the Illinois State Medical
14Disciplinary Fund.
15(Source: P.A. 97-622, eff. 11-23-11.)
 
16    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 9. Application for license. Each applicant for a
19license shall:
20        (A) Make application on blank forms prepared and
21    furnished by the Department.
22        (B) Submit evidence satisfactory to the Department
23    that the applicant:
24            (1) is of good moral character. In determining
25        moral character under this Section, the Department may

 

 

HB1801- 22 -LRB102 13812 SPS 19162 b

1        take into consideration whether the applicant has
2        engaged in conduct or activities which would
3        constitute grounds for discipline under this Act. The
4        Department may also request the applicant to submit,
5        and may consider as evidence of moral character,
6        endorsements from 2 or 3 individuals licensed under
7        this Act;
8            (2) has the preliminary and professional education
9        required by this Act;
10            (3) (blank); and
11            (4) is physically, mentally, and professionally
12        capable of practicing medicine with reasonable
13        judgment, skill, and safety. In determining physical
14        and mental capacity under this Section, the Licensing
15        Board may, upon a showing of a possible incapacity or
16        conduct or activities that would constitute grounds
17        for discipline under this Act, compel any applicant to
18        submit to a mental or physical examination and
19        evaluation, or both, as provided for in Section 22 of
20        this Act. The Licensing Board may condition or
21        restrict any license, subject to the same terms and
22        conditions as are provided for the Disciplinary Board
23        under Section 22 of this Act. Any such condition of a
24        restricted license shall provide that the Chief
25        Medical Coordinator or Deputy Medical Coordinator
26        shall have the authority to review the subject

 

 

HB1801- 23 -LRB102 13812 SPS 19162 b

1        physician's compliance with such conditions or
2        restrictions, including, where appropriate, the
3        physician's record of treatment and counseling
4        regarding the impairment, to the extent permitted by
5        applicable federal statutes and regulations
6        safeguarding the confidentiality of medical records of
7        patients.
8        In determining professional capacity under this
9    Section, an individual may be required to complete such
10    additional testing, training, or remedial education as the
11    Licensing Board may deem necessary in order to establish
12    the applicant's present capacity to practice medicine with
13    reasonable judgment, skill, and safety. The Licensing
14    Board may consider the following criteria, as they relate
15    to an applicant, as part of its determination of
16    professional capacity:
17            (1) Medical research in an established research
18        facility, hospital, college or university, or private
19        corporation.
20            (2) Specialized training or education.
21            (3) Publication of original work in learned,
22        medical, or scientific journals.
23            (4) Participation in federal, State, local, or
24        international public health programs or organizations.
25            (5) Professional service in a federal veterans or
26        military institution.

 

 

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1            (6) Any other professional activities deemed to
2        maintain and enhance the clinical capabilities of the
3        applicant.
4        Any applicant applying for a license to practice
5    medicine in all of its branches, for a license as a
6    naturopathic physician, or for a license as a chiropractic
7    physician who has not been engaged in the active practice
8    of medicine or has not been enrolled in a medical program
9    for 2 years prior to application must submit proof of
10    professional capacity to the Licensing Board.
11        Any applicant applying for a temporary license that
12    has not been engaged in the active practice of medicine or
13    has not been enrolled in a medical program for longer than
14    5 years prior to application must submit proof of
15    professional capacity to the Licensing Board.
16        (C) Designate specifically the name, location, and
17    kind of professional school, college, or institution of
18    which the applicant is a graduate and the category under
19    which the applicant seeks, and will undertake, to
20    practice.
21        (D) Pay to the Department at the time of application
22    the required fees.
23        (E) Pursuant to Department rules, as required, pass an
24    examination authorized by the Department to determine the
25    applicant's fitness to receive a license.
26        (F) Complete the application process within 3 years

 

 

HB1801- 25 -LRB102 13812 SPS 19162 b

1    from the date of application. If the process has not been
2    completed within 3 years, the application shall expire,
3    application fees shall be forfeited, and the applicant
4    must reapply and meet the requirements in effect at the
5    time of reapplication.
6(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
7    (225 ILCS 60/10)  (from Ch. 111, par. 4400-10)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 10. The Department shall:
10        (A) make rules for establishing reasonable minimum
11    standards of educational requirements to be observed by
12    medical, osteopathic, naturopathic, and chiropractic
13    colleges;
14        (B) effectuate the policy of the State of Illinois
15    that the quality of medical training is an appropriate
16    concern in the recruiting, licensing, credentialing and
17    participation in residency programs of physicians.
18    However, it is inappropriate to discriminate against any
19    physician because of national origin or geographic
20    location of medical education;
21        (C) formulate rules and regulations required for the
22    administration of this Act.
23(Source: P.A. 86-573.)
 
24    (225 ILCS 60/11)  (from Ch. 111, par. 4400-11)

 

 

HB1801- 26 -LRB102 13812 SPS 19162 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 11. Minimum education standards. The minimum
3standards of professional education to be enforced by the
4Department in conducting examinations and issuing licenses
5shall be as follows:
6        (A) Practice of medicine. For the practice of medicine
7    in all of its branches:
8            (1) For applications for licensure under
9        subsection (D) of Section 19 of this Act:
10                (a) that the applicant is a graduate of a
11            medical or osteopathic college in the United
12            States, its territories or Canada, that the
13            applicant has completed a 2 year course of
14            instruction in a college of liberal arts, or its
15            equivalent, and a course of instruction in a
16            medical or osteopathic college approved by the
17            Department or by a private, not for profit
18            accrediting body approved by the Department, and
19            in addition thereto, a course of postgraduate
20            clinical training of not less than 12 months as
21            approved by the Department; or
22                (b) that the applicant is a graduate of a
23            medical or osteopathic college located outside the
24            United States, its territories or Canada, and that
25            the degree conferred is officially recognized by
26            the country for the purposes of licensure, that

 

 

HB1801- 27 -LRB102 13812 SPS 19162 b

1            the applicant has completed a 2 year course of
2            instruction in a college of liberal arts or its
3            equivalent, and a course of instruction in a
4            medical or osteopathic college approved by the
5            Department, which course shall have been not less
6            than 132 weeks in duration and shall have been
7            completed within a period of not less than 35
8            months, and, in addition thereto, has completed a
9            course of postgraduate clinical training of not
10            less than 12 months, as approved by the
11            Department, and has complied with any other
12            standards established by rule.
13                For the purposes of this subparagraph (b) an
14            applicant is considered to be a graduate of a
15            medical college if the degree which is conferred
16            is officially recognized by that country for the
17            purposes of receiving a license to practice
18            medicine in all of its branches or a document is
19            granted by the medical college which certifies the
20            completion of all formal training requirements
21            including any internship and social service; or
22                (c) that the applicant has studied medicine at
23            a medical or osteopathic college located outside
24            the United States, its territories, or Canada,
25            that the applicant has completed a 2 year course
26            of instruction in a college of liberal arts or its

 

 

HB1801- 28 -LRB102 13812 SPS 19162 b

1            equivalent and all of the formal requirements of a
2            foreign medical school except internship and
3            social service, which course shall have been not
4            less than 132 weeks in duration and shall have
5            been completed within a period of not less than 35
6            months; that the applicant has submitted an
7            application to a medical college accredited by the
8            Liaison Committee on Medical Education and
9            submitted to such evaluation procedures, including
10            use of nationally recognized medical student tests
11            or tests devised by the individual medical
12            college, and that the applicant has satisfactorily
13            completed one academic year of supervised clinical
14            training under the direction of such medical
15            college; and, in addition thereto has completed a
16            course of postgraduate clinical training of not
17            less than 12 months, as approved by the
18            Department, and has complied with any other
19            standards established by rule.
20                (d) Any clinical clerkships must have been
21            completed in compliance with Section 10.3 of the
22            Hospital Licensing Act, as amended.
23            (2) Effective January 1, 1988, for applications
24        for licensure made subsequent to January 1, 1988,
25        under Sections 9 or 17 of this Act by individuals not
26        described in paragraph (3) of subsection (A) of

 

 

HB1801- 29 -LRB102 13812 SPS 19162 b

1        Section 11 who graduated after December 31, 1984:
2                (a) that the applicant: (i) graduated from a
3            medical or osteopathic college officially
4            recognized by the jurisdiction in which it is
5            located for the purpose of receiving a license to
6            practice medicine in all of its branches, and the
7            applicant has completed, as defined by the
8            Department, a 6 year postsecondary course of study
9            comprising at least 2 academic years of study in
10            the basic medical sciences; and 2 academic years
11            of study in the clinical sciences, while enrolled
12            in the medical college which conferred the degree,
13            the core rotations of which must have been
14            completed in clinical teaching facilities owned,
15            operated or formally affiliated with the medical
16            college which conferred the degree, or under
17            contract in teaching facilities owned, operated or
18            affiliated with another medical college which is
19            officially recognized by the jurisdiction in which
20            the medical school which conferred the degree is
21            located; or (ii) graduated from a medical or
22            osteopathic college accredited by the Liaison
23            Committee on Medical Education, the Committee on
24            Accreditation of Canadian Medical Schools in
25            conjunction with the Liaison Committee on Medical
26            Education, or the Bureau of Professional Education

 

 

HB1801- 30 -LRB102 13812 SPS 19162 b

1            of the American Osteopathic Association; and,
2            (iii) in addition thereto, has completed 24 months
3            of postgraduate clinical training, as approved by
4            the Department; or
5                (b) that the applicant has studied medicine at
6            a medical or osteopathic college located outside
7            the United States, its territories, or Canada,
8            that the applicant, in addition to satisfying the
9            requirements of subparagraph (a), except for the
10            awarding of a degree, has completed all of the
11            formal requirements of a foreign medical school
12            except internship and social service and has
13            submitted an application to a medical college
14            accredited by the Liaison Committee on Medical
15            Education and submitted to such evaluation
16            procedures, including use of nationally recognized
17            medical student tests or tests devised by the
18            individual medical college, and that the applicant
19            has satisfactorily completed one academic year of
20            supervised clinical training under the direction
21            of such medical college; and, in addition thereto,
22            has completed 24 months of postgraduate clinical
23            training, as approved by the Department, and has
24            complied with any other standards established by
25            rule.
26            (3) (Blank).

 

 

HB1801- 31 -LRB102 13812 SPS 19162 b

1            (4) Any person granted a temporary license
2        pursuant to Section 17 of this Act who shall
3        satisfactorily complete a course of postgraduate
4        clinical training and meet all of the requirements for
5        licensure shall be granted a permanent license
6        pursuant to Section 9.
7            (5) Notwithstanding any other provision of this
8        Section an individual holding a temporary license
9        under Section 17 of this Act shall be required to
10        satisfy the undergraduate medical and post-graduate
11        clinical training educational requirements in effect
12        on the date of their application for a temporary
13        license, provided they apply for a license under
14        Section 9 of this Act and satisfy all other
15        requirements of this Section while their temporary
16        license is in effect.
17        (B) Treating human ailments without drugs and without
18    operative surgery. For the practice of treating human
19    ailments without the use of drugs and without operative
20    surgery:
21            (1) For an applicant who was a resident student
22        and who is a graduate after July 1, 1926, of a
23        chiropractic college or institution, that such school,
24        college or institution, at the time of the applicant's
25        graduation required as a prerequisite to admission
26        thereto a 4 year course of instruction in a high

 

 

HB1801- 32 -LRB102 13812 SPS 19162 b

1        school, and, as a prerequisite to graduation
2        therefrom, a course of instruction in the treatment of
3        human ailments, of not less than 132 weeks in duration
4        and which shall have been completed within a period of
5        not less than 35 months except that as to students
6        matriculating or entering upon a course of
7        chiropractic study during the years 1940, 1941, 1942,
8        1943, 1944, 1945, 1946, and 1947, such elapsed time
9        shall be not less than 32 months, such high school and
10        such school, college or institution having been
11        reputable and in good standing in the judgment of the
12        Department.
13            (2) For an applicant who is a matriculant in a
14        chiropractic college after September 1, 1969, that
15        such applicant shall be required to complete a 2 year
16        course of instruction in a liberal arts college or its
17        equivalent and a course of instruction in a
18        chiropractic college in the treatment of human
19        ailments, such course, as a prerequisite to graduation
20        therefrom, having been not less than 132 weeks in
21        duration and shall have been completed within a period
22        of not less than 35 months, such college of liberal
23        arts and chiropractic college having been reputable
24        and in good standing in the judgment of the
25        Department.
26            (3) For an applicant who is a graduate of a United

 

 

HB1801- 33 -LRB102 13812 SPS 19162 b

1        States chiropractic college after August 19, 1981, the
2        college of the applicant must be fully accredited by
3        the Commission on Accreditation of the Council on
4        Chiropractic Education or its successor at the time of
5        graduation. Such graduates shall be considered to have
6        met the minimum requirements which shall be in
7        addition to those requirements set forth in the rules
8        and regulations promulgated by the Department.
9            (4) For an applicant who is a graduate of a
10        chiropractic college in another country; that such
11        chiropractic college be equivalent to the standards of
12        education as set forth for chiropractic colleges
13        located in the United States.
14        (C) Practice of naturopathic medicine. For the
15    practice of naturopathic medicine:
16            (1) For an applicant who is a graduate of an
17        approved naturopathic medical program, in accordance
18        with this Act, that he or she has successfully
19        completed a competency-based national naturopathic
20        licensing examination administered by the North
21        American Board of Naturopathic Examiners or an
22        equivalent agency, as recognized by the Department.
23            (2) For an applicant who is a graduate of a
24        degree-granting approved naturopathic medical program
25        prior to 1986, evidence of successful passage of a
26        State competency examination in a licensed state or a

 

 

HB1801- 34 -LRB102 13812 SPS 19162 b

1        Canadian provincial examination in a licensed or
2        regulated province approved by the Department in lieu
3        of passage of a national licensing examination.
4(Source: P.A. 97-622, eff. 11-23-11.)
 
5    (225 ILCS 60/14)  (from Ch. 111, par. 4400-14)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 14. Chiropractic students and naturopathic medicine
8students.
9    (a) Candidates for the degree of doctor of chiropractic
10enrolled in a chiropractic college, accredited by the Council
11on Chiropractic Education, may practice under the direct,
12on-premises supervision of a chiropractic physician who is a
13member of the faculty of an accredited chiropractic college.
14    (b) Candidates for the degree of doctor of naturopathic
15medicine enrolled in a naturopathic college, accredited by the
16United States Council on Naturopathic Medical Education, may
17practice under the direct, on-premises supervision of a
18naturopathic physician who is a member of the faculty of an
19accredited naturopathic college.
20(Source: P.A. 97-622, eff. 11-23-11.)
 
21    (225 ILCS 60/15)  (from Ch. 111, par. 4400-15)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 15. Chiropractic and naturopathic physician; license
24for general practice. Any chiropractic or naturopathic

 

 

HB1801- 35 -LRB102 13812 SPS 19162 b

1physician licensed under this Act shall be permitted to take
2the examination for licensure as a physician to practice
3medicine in all its branches and shall receive a license to
4practice medicine in all of its branches if he or she shall
5successfully pass such examination, upon proof of having
6successfully completed in a medical college, osteopathic
7college, naturopathic college, or chiropractic college
8reputable and in good standing in the judgment of the
9Department, courses of instruction in materia medica,
10therapeutics, surgery, obstetrics, and theory and practice
11deemed by the Department to be equal to the courses of
12instruction required in those subjects for admission to the
13examination for a license to practice medicine in all of its
14branches, together with proof of having completed (a) the 2
15year course of instruction in a college of liberal arts, or its
16equivalent, required under this Act, and (b) a course of
17postgraduate clinical training of not less than 24 months as
18approved by the Department.
19(Source: P.A. 97-622, eff. 11-23-11.)
 
20    (225 ILCS 60/16)  (from Ch. 111, par. 4400-16)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 16. Ineligibility for examination. Any person who
23shall fail any examination for licensure as a medical doctor,
24doctor of osteopathy or osteopathic medicine, doctor of
25naturopathic medicine, or doctor of chiropractic in this or

 

 

HB1801- 36 -LRB102 13812 SPS 19162 b

1any other jurisdiction a total of 5 times shall thereafter be
2ineligible for further examinations until such time as such
3person shall submit to the Department evidence of further
4formal professional study, as required by rule of the
5Department, in an accredited institution.
6(Source: P.A. 89-702, eff. 7-1-97.)
 
7    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 17. Temporary license. Persons holding the degree of
10Doctor of Medicine, persons holding the degree of Doctor of
11Osteopathy or Doctor of Osteopathic Medicine, persons holding
12the degree of Doctor of Naturopathic Medicine, and persons
13holding the degree of Doctor of Chiropractic or persons who
14have satisfied the requirements therefor and are eligible to
15receive such degree from a medical, osteopathic, naturopathic,
16or chiropractic school, who wish to pursue programs of
17graduate or specialty training in this State, may receive
18without examination, in the discretion of the Department, a
193-year temporary license. In order to receive a 3-year
20temporary license hereunder, an applicant shall submit
21evidence satisfactory to the Department that the applicant:
22        (A) Is of good moral character. In determining moral
23    character under this Section, the Department may take into
24    consideration whether the applicant has engaged in conduct
25    or activities which would constitute grounds for

 

 

HB1801- 37 -LRB102 13812 SPS 19162 b

1    discipline under this Act. The Department may also request
2    the applicant to submit, and may consider as evidence of
3    moral character, endorsements from 2 or 3 individuals
4    licensed under this Act;
5        (B) Has been accepted or appointed for specialty or
6    residency training by a hospital situated in this State or
7    a training program in hospitals or facilities maintained
8    by the State of Illinois or affiliated training facilities
9    which is approved by the Department for the purpose of
10    such training under this Act. The applicant shall indicate
11    the beginning and ending dates of the period for which the
12    applicant has been accepted or appointed;
13        (C) Has or will satisfy the professional education
14    requirements of Section 11 of this Act which are effective
15    at the date of application except for postgraduate
16    clinical training;
17        (D) Is physically, mentally, and professionally
18    capable of practicing medicine or treating human ailments
19    without the use of drugs and without operative surgery
20    with reasonable judgment, skill, and safety. In
21    determining physical, mental and professional capacity
22    under this Section, the Licensing Board may, upon a
23    showing of a possible incapacity, compel an applicant to
24    submit to a mental or physical examination and evaluation,
25    or both, and may condition or restrict any temporary
26    license, subject to the same terms and conditions as are

 

 

HB1801- 38 -LRB102 13812 SPS 19162 b

1    provided for the Disciplinary Board under Section 22 of
2    this Act. Any such condition of restricted temporary
3    license shall provide that the Chief Medical Coordinator
4    or Deputy Medical Coordinator shall have the authority to
5    review the subject physician's compliance with such
6    conditions or restrictions, including, where appropriate,
7    the physician's record of treatment and counseling
8    regarding the impairment, to the extent permitted by
9    applicable federal statutes and regulations safeguarding
10    the confidentiality of medical records of patients.
11    Three-year temporary licenses issued pursuant to this
12Section shall be valid only for the period of time designated
13therein, and may be extended or renewed pursuant to the rules
14of the Department, and if a temporary license is thereafter
15extended, it shall not extend beyond completion of the
16residency program. The holder of a valid 3-year temporary
17license shall be entitled thereby to perform only such acts as
18may be prescribed by and incidental to his or her program of
19residency training; he or she shall not be entitled to
20otherwise engage in the practice of medicine in this State
21unless fully licensed in this State.
22    A 3-year temporary license may be revoked or suspended by
23the Department upon proof that the holder thereof has engaged
24in the practice of medicine in this State outside of the
25program of his or her residency or specialty training, or if
26the holder shall fail to supply the Department, within 10 days

 

 

HB1801- 39 -LRB102 13812 SPS 19162 b

1of its request, with information as to his or her current
2status and activities in his or her specialty training
3program. Such a revocation or suspension shall comply with the
4procedures set forth in subsection (d) of Section 37 of this
5Act.
6(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
7    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 18. Visiting professor, physician, or resident
10permits.
11    (A) Visiting professor permit.
12        (1) A visiting professor permit shall entitle a person
13    to practice medicine in all of its branches or to practice
14    the treatment of human ailments without the use of drugs
15    and without operative surgery provided:
16            (a) the person maintains an equivalent
17        authorization to practice medicine in all of its
18        branches or to practice the treatment of human
19        ailments without the use of drugs and without
20        operative surgery in good standing in his or her
21        native licensing jurisdiction during the period of the
22        visiting professor permit;
23            (b) the person has received a faculty appointment
24        to teach in a medical, osteopathic, naturopathic, or
25        chiropractic school in Illinois; and

 

 

HB1801- 40 -LRB102 13812 SPS 19162 b

1            (c) the Department may prescribe the information
2        necessary to establish an applicant's eligibility for
3        a permit. This information shall include without
4        limitation (i) a statement from the dean of the
5        medical school at which the applicant will be employed
6        describing the applicant's qualifications and (ii) a
7        statement from the dean of the medical school listing
8        every affiliated institution in which the applicant
9        will be providing instruction as part of the medical
10        school's education program and justifying any clinical
11        activities at each of the institutions listed by the
12        dean.
13        (2) Application for visiting professor permits shall
14    be made to the Department, in writing, on forms prescribed
15    by the Department and shall be accompanied by the required
16    fee established by rule, which shall not be refundable.
17    Any application shall require the information as, in the
18    judgment of the Department, will enable the Department to
19    pass on the qualifications of the applicant.
20        (3) A visiting professor permit shall be valid for no
21    longer than 2 years from the date of issuance or until the
22    time the faculty appointment is terminated, whichever
23    occurs first, and may be renewed only in accordance with
24    subdivision (A)(6) of this Section.
25        (4) The applicant may be required to appear before the
26    Licensing Board for an interview prior to, and as a

 

 

HB1801- 41 -LRB102 13812 SPS 19162 b

1    requirement for, the issuance of the original permit and
2    the renewal.
3        (5) Persons holding a permit under this Section shall
4    only practice medicine in all of its branches or practice
5    the treatment of human ailments without the use of drugs
6    and without operative surgery in the State of Illinois in
7    their official capacity under their contract within the
8    medical school itself and any affiliated institution in
9    which the permit holder is providing instruction as part
10    of the medical school's educational program and for which
11    the medical school has assumed direct responsibility.
12        (6) After the initial renewal of a visiting professor
13    permit, a visiting professor permit shall be valid until
14    the last day of the next physician license renewal period,
15    as set by rule, and may only be renewed for applicants who
16    meet the following requirements:
17            (i) have obtained the required continuing
18        education hours as set by rule; and
19            (ii) have paid the fee prescribed for a license
20        under Section 21 of this Act.
21    For initial renewal, the visiting professor must
22successfully pass a general competency examination authorized
23by the Department by rule, unless he or she was issued an
24initial visiting professor permit on or after January 1, 2007,
25but prior to July 1, 2007.
 

 

 

HB1801- 42 -LRB102 13812 SPS 19162 b

1    (B) Visiting physician permit.
2        (1) The Department may, in its discretion, issue a
3    temporary visiting physician permit, without examination,
4    provided:
5            (a) (blank);
6            (b) that the person maintains an equivalent
7        authorization to practice medicine in all of its
8        branches or to practice the treatment of human
9        ailments without the use of drugs and without
10        operative surgery in good standing in his or her
11        native licensing jurisdiction during the period of the
12        temporary visiting physician permit;
13            (c) that the person has received an invitation or
14        appointment to study, demonstrate, or perform a
15        specific medical, osteopathic, naturopathic,
16        chiropractic, or clinical subject or technique in a
17        medical, osteopathic, naturopathic, or chiropractic
18        school, a state or national medical, osteopathic,
19        naturopathic, or chiropractic professional association
20        or society conference or meeting, a hospital licensed
21        under the Hospital Licensing Act, a hospital organized
22        under the University of Illinois Hospital Act, or a
23        facility operated pursuant to the Ambulatory Surgical
24        Treatment Center Act; and
25            (d) that the temporary visiting physician permit
26        shall only permit the holder to practice medicine in

 

 

HB1801- 43 -LRB102 13812 SPS 19162 b

1        all of its branches or practice the treatment of human
2        ailments without the use of drugs and without
3        operative surgery within the scope of the medical,
4        osteopathic, naturopathic, chiropractic, or clinical
5        studies, or in conjunction with the state or national
6        medical, osteopathic, naturopathic, or chiropractic
7        professional association or society conference or
8        meeting, for which the holder was invited or
9        appointed.
10        (2) The application for the temporary visiting
11    physician permit shall be made to the Department, in
12    writing, on forms prescribed by the Department, and shall
13    be accompanied by the required fee established by rule,
14    which shall not be refundable. The application shall
15    require information that, in the judgment of the
16    Department, will enable the Department to pass on the
17    qualification of the applicant, and the necessity for the
18    granting of a temporary visiting physician permit.
19        (3) A temporary visiting physician permit shall be
20    valid for no longer than (i) 180 days from the date of
21    issuance or (ii) until the time the medical, osteopathic,
22    chiropractic, naturopathic, or clinical studies are
23    completed, or the state or national medical, osteopathic,
24    naturopathic, or chiropractic professional association or
25    society conference or meeting has concluded, whichever
26    occurs first. The temporary visiting physician permit may

 

 

HB1801- 44 -LRB102 13812 SPS 19162 b

1    be issued multiple times to a visiting physician under
2    this paragraph (3) as long as the total number of days it
3    is active do not exceed 180 days within a 365-day period.
4        (4) The applicant for a temporary visiting physician
5    permit may be required to appear before the Licensing
6    Board for an interview prior to, and as a requirement for,
7    the issuance of a temporary visiting physician permit.
8        (5) A limited temporary visiting physician permit
9    shall be issued to a physician licensed in another state
10    who has been requested to perform emergency procedures in
11    Illinois if he or she meets the requirements as
12    established by rule.
 
13    (C) Visiting resident permit.
14        (1) The Department may, in its discretion, issue a
15    temporary visiting resident permit, without examination,
16    provided:
17            (a) (blank);
18            (b) that the person maintains an equivalent
19        authorization to practice medicine in all of its
20        branches or to practice the treatment of human
21        ailments without the use of drugs and without
22        operative surgery in good standing in his or her
23        native licensing jurisdiction during the period of the
24        temporary visiting resident permit;
25            (c) that the applicant is enrolled in a

 

 

HB1801- 45 -LRB102 13812 SPS 19162 b

1        postgraduate clinical training program outside the
2        State of Illinois that is approved by the Department;
3            (d) that the individual has been invited or
4        appointed for a specific period of time to perform a
5        portion of that post graduate clinical training
6        program under the supervision of an Illinois licensed
7        physician in an Illinois patient care clinic or
8        facility that is affiliated with the out-of-State post
9        graduate training program; and
10            (e) that the temporary visiting resident permit
11        shall only permit the holder to practice medicine in
12        all of its branches or practice the treatment of human
13        ailments without the use of drugs and without
14        operative surgery within the scope of the medical,
15        osteopathic, naturopathic, chiropractic, or clinical
16        studies for which the holder was invited or appointed.
17        (2) The application for the temporary visiting
18    resident permit shall be made to the Department, in
19    writing, on forms prescribed by the Department, and shall
20    be accompanied by the required fee established by rule.
21    The application shall require information that, in the
22    judgment of the Department, will enable the Department to
23    pass on the qualifications of the applicant.
24        (3) A temporary visiting resident permit shall be
25    valid for 180 days from the date of issuance or until the
26    time the medical, osteopathic, naturopathic, chiropractic,

 

 

HB1801- 46 -LRB102 13812 SPS 19162 b

1    or clinical studies are completed, whichever occurs first.
2        (4) The applicant for a temporary visiting resident
3    permit may be required to appear before the Licensing
4    Board for an interview prior to, and as a requirement for,
5    the issuance of a temporary visiting resident permit.
6(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
7    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 19. Licensure by endorsement. The Department may, in
10its discretion, issue a license by endorsement to any person
11who is currently licensed to practice medicine in all of its
12branches, a naturopathic physician, or a chiropractic
13physician, in any other state, territory, country or province,
14upon the following conditions and submitting evidence
15satisfactory to the Department of the following:
16        (A) (Blank);
17        (B) That the applicant is of good moral character. In
18    determining moral character under this Section, the
19    Department may take into consideration whether the
20    applicant has engaged in conduct or activities which would
21    constitute grounds for discipline under this Act. The
22    Department may also request the applicant to submit, and
23    may consider as evidence of moral character, endorsements
24    from 2 or 3 individuals licensed under this Act;
25        (C) That the applicant is physically, mentally and

 

 

HB1801- 47 -LRB102 13812 SPS 19162 b

1    professionally capable of practicing medicine with
2    reasonable judgment, skill and safety. In determining
3    physical, mental and professional capacity under this
4    Section the Licensing Board may, upon a showing of a
5    possible incapacity, compel an applicant to submit to a
6    mental or physical examination and evaluation, or both, in
7    the same manner as provided in Section 22 and may
8    condition or restrict any license, subject to the same
9    terms and conditions as are provided for the Disciplinary
10    Board under Section 22 of this Act.
11        (D) That if the applicant seeks to practice medicine
12    in all of its branches:
13            (1) if the applicant was licensed in another
14        jurisdiction prior to January 1, 1988, that the
15        applicant has satisfied the educational requirements
16        of paragraph (1) of subsection (A) or paragraph (2) of
17        subsection (A) of Section 11 of this Act; or
18            (2) if the applicant was licensed in another
19        jurisdiction after December 31, 1987, that the
20        applicant has satisfied the educational requirements
21        of paragraph (A)(2) of Section 11 of this Act; and
22            (3) the requirements for a license to practice
23        medicine in all of its branches in the particular
24        state, territory, country or province in which the
25        applicant is licensed are deemed by the Department to
26        have been substantially equivalent to the requirements

 

 

HB1801- 48 -LRB102 13812 SPS 19162 b

1        for a license to practice medicine in all of its
2        branches in force in this State at the date of the
3        applicant's license;
4        (E) That if the applicant seeks to treat human
5    ailments without the use of drugs and without operative
6    surgery:
7            (1) the applicant is a graduate of a chiropractic
8        or naturopathic school or college approved by the
9        Department at the time of their graduation;
10            (2) the requirements for the applicant's license
11        to practice the treatment of human ailments without
12        the use of drugs are deemed by the Department to have
13        been substantially equivalent to the requirements for
14        a license to practice in this State at the date of the
15        applicant's license;
16        (E-5) That if the applicant seeks to practice
17    naturopathic medicine:
18            (1) the applicant is a graduate of a naturopathic
19        school or college approved by the Department at the
20        time of their graduation; and
21            (2) the requirements for the applicant's license
22        to practice naturopathic medicine are deemed by the
23        Department to have been substantially equivalent to
24        the requirements for a license to practice in this
25        State at the date of the applicant's license;
26        (F) That the Department may, in its discretion, issue

 

 

HB1801- 49 -LRB102 13812 SPS 19162 b

1    a license by endorsement to any graduate of a medical or
2    osteopathic college, reputable and in good standing in the
3    judgment of the Department, who has passed an examination
4    for admission to the United States Public Health Service,
5    or who has passed any other examination deemed by the
6    Department to have been at least equal in all substantial
7    respects to the examination required for admission to any
8    such medical corps;
9        (G) That applications for licenses by endorsement
10    shall be filed with the Department, under oath, on forms
11    prepared and furnished by the Department, and shall set
12    forth, and applicants therefor shall supply such
13    information respecting the life, education, professional
14    practice, and moral character of applicants as the
15    Department may require to be filed for its use;
16        (H) That the applicant undergo the criminal background
17    check established under Section 9.7 of this Act.
18    In the exercise of its discretion under this Section, the
19Department is empowered to consider and evaluate each
20applicant on an individual basis. It may take into account,
21among other things: the extent to which the applicant will
22bring unique experience and skills to the State of Illinois or
23the extent to which there is or is not available to the
24Department authentic and definitive information concerning the
25quality of medical education and clinical training which the
26applicant has had. Under no circumstances shall a license be

 

 

HB1801- 50 -LRB102 13812 SPS 19162 b

1issued under the provisions of this Section to any person who
2has previously taken and failed the written examination
3conducted by the Department for such license. In the exercise
4of its discretion under this Section, the Department may
5require an applicant to successfully complete an examination
6as recommended by the Licensing Board. The Department may also
7request the applicant to submit, and may consider as evidence
8of moral character, evidence from 2 or 3 individuals licensed
9under this Act. Applicants have 3 years from the date of
10application to complete the application process. If the
11process has not been completed within 3 years, the application
12shall be denied, the fees shall be forfeited, and the
13applicant must reapply and meet the requirements in effect at
14the time of reapplication.
15(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
16    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 22. Disciplinary action.
19    (A) The Department may revoke, suspend, place on
20probation, reprimand, refuse to issue or renew, or take any
21other disciplinary or non-disciplinary action as the
22Department may deem proper with regard to the license or
23permit of any person issued under this Act, including imposing
24fines not to exceed $10,000 for each violation, upon any of the
25following grounds:

 

 

HB1801- 51 -LRB102 13812 SPS 19162 b

1        (1) (Blank).
2        (2) (Blank).
3        (3) A plea of guilty or nolo contendere, finding of
4    guilt, jury verdict, or entry of judgment or sentencing,
5    including, but not limited to, convictions, preceding
6    sentences of supervision, conditional discharge, or first
7    offender probation, under the laws of any jurisdiction of
8    the United States of any crime that is a felony.
9        (4) Gross negligence in practice under this Act.
10        (5) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public.
13        (6) Obtaining any fee by fraud, deceit, or
14    misrepresentation.
15        (7) Habitual or excessive use or abuse of drugs
16    defined in law as controlled substances, of alcohol, or of
17    any other substances which results in the inability to
18    practice with reasonable judgment, skill, or safety.
19        (8) Practicing under a false or, except as provided by
20    law, an assumed name.
21        (9) Fraud or misrepresentation in applying for, or
22    procuring, a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (10) Making a false or misleading statement regarding
25    their skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by them at their direction

 

 

HB1801- 52 -LRB102 13812 SPS 19162 b

1    in the treatment of any disease or other condition of the
2    body or mind.
3        (11) Allowing another person or organization to use
4    their license, procured under this Act, to practice.
5        (12) Adverse action taken by another state or
6    jurisdiction against a license or other authorization to
7    practice as a medical doctor, doctor of osteopathy, doctor
8    of osteopathic medicine, doctor of naturopathic medicine,
9    or doctor of chiropractic, a certified copy of the record
10    of the action taken by the other state or jurisdiction
11    being prima facie evidence thereof. This includes any
12    adverse action taken by a State or federal agency that
13    prohibits a medical doctor, doctor of osteopathy, doctor
14    of osteopathic medicine, or doctor of chiropractic from
15    providing services to the agency's participants.
16        (13) Violation of any provision of this Act or of the
17    Medical Practice Act prior to the repeal of that Act, or
18    violation of the rules, or a final administrative action
19    of the Secretary, after consideration of the
20    recommendation of the Disciplinary Board.
21        (14) Violation of the prohibition against fee
22    splitting in Section 22.2 of this Act.
23        (15) A finding by the Disciplinary Board that the
24    registrant after having his or her license placed on
25    probationary status or subjected to conditions or
26    restrictions violated the terms of the probation or failed

 

 

HB1801- 53 -LRB102 13812 SPS 19162 b

1    to comply with such terms or conditions.
2        (16) Abandonment of a patient.
3        (17) Prescribing, selling, administering,
4    distributing, giving, or self-administering any drug
5    classified as a controlled substance (designated product)
6    or narcotic for other than medically accepted therapeutic
7    purposes.
8        (18) Promotion of the sale of drugs, devices,
9    appliances, or goods provided for a patient in such manner
10    as to exploit the patient for financial gain of the
11    physician.
12        (19) Offering, undertaking, or agreeing to cure or
13    treat disease by a secret method, procedure, treatment, or
14    medicine, or the treating, operating, or prescribing for
15    any human condition by a method, means, or procedure which
16    the licensee refuses to divulge upon demand of the
17    Department.
18        (20) Immoral conduct in the commission of any act
19    including, but not limited to, commission of an act of
20    sexual misconduct related to the licensee's practice.
21        (21) Willfully making or filing false records or
22    reports in his or her practice as a physician, including,
23    but not limited to, false records to support claims
24    against the medical assistance program of the Department
25    of Healthcare and Family Services (formerly Department of
26    Public Aid) under the Illinois Public Aid Code.

 

 

HB1801- 54 -LRB102 13812 SPS 19162 b

1        (22) Willful omission to file or record, or willfully
2    impeding the filing or recording, or inducing another
3    person to omit to file or record, medical reports as
4    required by law, or willfully failing to report an
5    instance of suspected abuse or neglect as required by law.
6        (23) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    under the Abused and Neglected Child Reporting Act, and
9    upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (24) Solicitation of professional patronage by any
14    corporation, agents or persons, or profiting from those
15    representing themselves to be agents of the licensee.
16        (25) Gross and willful and continued overcharging for
17    professional services, including filing false statements
18    for collection of fees for which services are not
19    rendered, including, but not limited to, filing such false
20    statements for collection of monies for services not
21    rendered from the medical assistance program of the
22    Department of Healthcare and Family Services (formerly
23    Department of Public Aid) under the Illinois Public Aid
24    Code.
25        (26) A pattern of practice or other behavior which
26    demonstrates incapacity or incompetence to practice under

 

 

HB1801- 55 -LRB102 13812 SPS 19162 b

1    this Act.
2        (27) Mental illness or disability which results in the
3    inability to practice under this Act with reasonable
4    judgment, skill, or safety.
5        (28) Physical illness, including, but not limited to,
6    deterioration through the aging process, or loss of motor
7    skill which results in a physician's inability to practice
8    under this Act with reasonable judgment, skill, or safety.
9        (29) Cheating on or attempt to subvert the licensing
10    examinations administered under this Act.
11        (30) Willfully or negligently violating the
12    confidentiality between physician and patient except as
13    required by law.
14        (31) The use of any false, fraudulent, or deceptive
15    statement in any document connected with practice under
16    this Act.
17        (32) Aiding and abetting an individual not licensed
18    under this Act in the practice of a profession licensed
19    under this Act.
20        (33) Violating state or federal laws or regulations
21    relating to controlled substances, legend drugs, or
22    ephedra as defined in the Ephedra Prohibition Act.
23        (34) Failure to report to the Department any adverse
24    final action taken against them by another licensing
25    jurisdiction (any other state or any territory of the
26    United States or any foreign state or country), by any

 

 

HB1801- 56 -LRB102 13812 SPS 19162 b

1    peer review body, by any health care institution, by any
2    professional society or association related to practice
3    under this Act, by any governmental agency, by any law
4    enforcement agency, or by any court for acts or conduct
5    similar to acts or conduct which would constitute grounds
6    for action as defined in this Section.
7        (35) Failure to report to the Department surrender of
8    a license or authorization to practice as a medical
9    doctor, a doctor of osteopathy, a doctor of osteopathic
10    medicine, a doctor of naturopathic medicine, or doctor of
11    chiropractic in another state or jurisdiction, or
12    surrender of membership on any medical staff or in any
13    medical or professional association or society, while
14    under disciplinary investigation by any of those
15    authorities or bodies, for acts or conduct similar to acts
16    or conduct which would constitute grounds for action as
17    defined in this Section.
18        (36) Failure to report to the Department any adverse
19    judgment, settlement, or award arising from a liability
20    claim related to acts or conduct similar to acts or
21    conduct which would constitute grounds for action as
22    defined in this Section.
23        (37) Failure to provide copies of medical records as
24    required by law.
25        (38) Failure to furnish the Department, its
26    investigators or representatives, relevant information,

 

 

HB1801- 57 -LRB102 13812 SPS 19162 b

1    legally requested by the Department after consultation
2    with the Chief Medical Coordinator or the Deputy Medical
3    Coordinator.
4        (39) Violating the Health Care Worker Self-Referral
5    Act.
6        (40) Willful failure to provide notice when notice is
7    required under the Parental Notice of Abortion Act of
8    1995.
9        (41) Failure to establish and maintain records of
10    patient care and treatment as required by this law.
11        (42) Entering into an excessive number of written
12    collaborative agreements with licensed advanced practice
13    registered nurses resulting in an inability to adequately
14    collaborate.
15        (43) Repeated failure to adequately collaborate with a
16    licensed advanced practice registered nurse.
17        (44) Violating the Compassionate Use of Medical
18    Cannabis Program Act.
19        (45) Entering into an excessive number of written
20    collaborative agreements with licensed prescribing
21    psychologists resulting in an inability to adequately
22    collaborate.
23        (46) Repeated failure to adequately collaborate with a
24    licensed prescribing psychologist.
25        (47) Willfully failing to report an instance of
26    suspected abuse, neglect, financial exploitation, or

 

 

HB1801- 58 -LRB102 13812 SPS 19162 b

1    self-neglect of an eligible adult as defined in and
2    required by the Adult Protective Services Act.
3        (48) Being named as an abuser in a verified report by
4    the Department on Aging under the Adult Protective
5    Services Act, and upon proof by clear and convincing
6    evidence that the licensee abused, neglected, or
7    financially exploited an eligible adult as defined in the
8    Adult Protective Services Act.
9        (49) Entering into an excessive number of written
10    collaborative agreements with licensed physician
11    assistants resulting in an inability to adequately
12    collaborate.
13        (50) Repeated failure to adequately collaborate with a
14    physician assistant.
15    Except for actions involving the ground numbered (26), all
16proceedings to suspend, revoke, place on probationary status,
17or take any other disciplinary action as the Department may
18deem proper, with regard to a license on any of the foregoing
19grounds, must be commenced within 5 years next after receipt
20by the Department of a complaint alleging the commission of or
21notice of the conviction order for any of the acts described
22herein. Except for the grounds numbered (8), (9), (26), and
23(29), no action shall be commenced more than 10 years after the
24date of the incident or act alleged to have violated this
25Section. For actions involving the ground numbered (26), a
26pattern of practice or other behavior includes all incidents

 

 

HB1801- 59 -LRB102 13812 SPS 19162 b

1alleged to be part of the pattern of practice or other behavior
2that occurred, or a report pursuant to Section 23 of this Act
3received, within the 10-year period preceding the filing of
4the complaint. In the event of the settlement of any claim or
5cause of action in favor of the claimant or the reduction to
6final judgment of any civil action in favor of the plaintiff,
7such claim, cause of action, or civil action being grounded on
8the allegation that a person licensed under this Act was
9negligent in providing care, the Department shall have an
10additional period of 2 years from the date of notification to
11the Department under Section 23 of this Act of such settlement
12or final judgment in which to investigate and commence formal
13disciplinary proceedings under Section 36 of this Act, except
14as otherwise provided by law. The time during which the holder
15of the license was outside the State of Illinois shall not be
16included within any period of time limiting the commencement
17of disciplinary action by the Department.
18    The entry of an order or judgment by any circuit court
19establishing that any person holding a license under this Act
20is a person in need of mental treatment operates as a
21suspension of that license. That person may resume his or her
22their practice only upon the entry of a Departmental order
23based upon a finding by the Disciplinary Board that the person
24has they have been determined to be recovered from mental
25illness by the court and upon the Disciplinary Board's
26recommendation that the person they be permitted to resume his

 

 

HB1801- 60 -LRB102 13812 SPS 19162 b

1or her their practice.
2    The Department may refuse to issue or take disciplinary
3action concerning the license of any person who fails to file a
4return, or to pay the tax, penalty, or interest shown in a
5filed return, or to pay any final assessment of tax, penalty,
6or interest, as required by any tax Act administered by the
7Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied as determined
9by the Illinois Department of Revenue.
10    The Department, upon the recommendation of the
11Disciplinary Board, shall adopt rules which set forth
12standards to be used in determining:
13        (a) when a person will be deemed sufficiently
14    rehabilitated to warrant the public trust;
15        (b) what constitutes dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public;
18        (c) what constitutes immoral conduct in the commission
19    of any act, including, but not limited to, commission of
20    an act of sexual misconduct related to the licensee's
21    practice; and
22        (d) what constitutes gross negligence in the practice
23    of medicine.
24    However, no such rule shall be admissible into evidence in
25any civil action except for review of a licensing or other
26disciplinary action under this Act.

 

 

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1    In enforcing this Section, the Disciplinary Board or the
2Licensing Board, upon a showing of a possible violation, may
3compel, in the case of the Disciplinary Board, any individual
4who is licensed to practice under this Act or holds a permit to
5practice under this Act, or, in the case of the Licensing
6Board, any individual who has applied for licensure or a
7permit pursuant to this Act, to submit to a mental or physical
8examination and evaluation, or both, which may include a
9substance abuse or sexual offender evaluation, as required by
10the Licensing Board or Disciplinary Board and at the expense
11of the Department. The Disciplinary Board or Licensing Board
12shall specifically designate the examining physician licensed
13to practice medicine in all of its branches or, if applicable,
14the multidisciplinary team involved in providing the mental or
15physical examination and evaluation, or both. The
16multidisciplinary team shall be led by a physician licensed to
17practice medicine in all of its branches and may consist of one
18or more or a combination of physicians licensed to practice
19medicine in all of its branches, licensed chiropractic
20physicians, licensed naturopathic physicians, licensed
21clinical psychologists, licensed clinical social workers,
22licensed clinical professional counselors, and other
23professional and administrative staff. Any examining physician
24or member of the multidisciplinary team may require any person
25ordered to submit to an examination and evaluation pursuant to
26this Section to submit to any additional supplemental testing

 

 

HB1801- 62 -LRB102 13812 SPS 19162 b

1deemed necessary to complete any examination or evaluation
2process, including, but not limited to, blood testing,
3urinalysis, psychological testing, or neuropsychological
4testing. The Disciplinary Board, the Licensing Board, or the
5Department may order the examining physician or any member of
6the multidisciplinary team to provide to the Department, the
7Disciplinary Board, or the Licensing Board any and all
8records, including business records, that relate to the
9examination and evaluation, including any supplemental testing
10performed. The Disciplinary Board, the Licensing Board, or the
11Department may order the examining physician or any member of
12the multidisciplinary team to present testimony concerning
13this examination and evaluation of the licensee, permit
14holder, or applicant, including testimony concerning any
15supplemental testing or documents relating to the examination
16and evaluation. No information, report, record, or other
17documents in any way related to the examination and evaluation
18shall be excluded by reason of any common law or statutory
19privilege relating to communication between the licensee,
20permit holder, or applicant and the examining physician or any
21member of the multidisciplinary team. No authorization is
22necessary from the licensee, permit holder, or applicant
23ordered to undergo an evaluation and examination for the
24examining physician or any member of the multidisciplinary
25team to provide information, reports, records, or other
26documents or to provide any testimony regarding the

 

 

HB1801- 63 -LRB102 13812 SPS 19162 b

1examination and evaluation. The individual to be examined may
2have, at his or her own expense, another physician of his or
3her choice present during all aspects of the examination.
4Failure of any individual to submit to mental or physical
5examination and evaluation, or both, when directed, shall
6result in an automatic suspension, without hearing, until such
7time as the individual submits to the examination. If the
8Disciplinary Board or Licensing Board finds a physician unable
9to practice following an examination and evaluation because of
10the reasons set forth in this Section, the Disciplinary Board
11or Licensing Board shall require such physician to submit to
12care, counseling, or treatment by physicians, or other health
13care professionals, approved or designated by the Disciplinary
14Board, as a condition for issued, continued, reinstated, or
15renewed licensure to practice. Any physician, whose license
16was granted pursuant to Sections 9, 17, or 19 of this Act, or,
17continued, reinstated, renewed, disciplined or supervised,
18subject to such terms, conditions, or restrictions who shall
19fail to comply with such terms, conditions, or restrictions,
20or to complete a required program of care, counseling, or
21treatment, as determined by the Chief Medical Coordinator or
22Deputy Medical Coordinators, shall be referred to the
23Secretary for a determination as to whether the licensee shall
24have his or her their license suspended immediately, pending a
25hearing by the Disciplinary Board. In instances in which the
26Secretary immediately suspends a license under this Section, a

 

 

HB1801- 64 -LRB102 13812 SPS 19162 b

1hearing upon such person's license must be convened by the
2Disciplinary Board within 15 days after such suspension and
3completed without appreciable delay. The Disciplinary Board
4shall have the authority to review the subject physician's
5record of treatment and counseling regarding the impairment,
6to the extent permitted by applicable federal statutes and
7regulations safeguarding the confidentiality of medical
8records.
9    An individual licensed under this Act, affected under this
10Section, shall be afforded an opportunity to demonstrate to
11the Disciplinary Board that he or she they can resume practice
12in compliance with acceptable and prevailing standards under
13the provisions of his or her their license.
14    The Department may promulgate rules for the imposition of
15fines in disciplinary cases, not to exceed $10,000 for each
16violation of this Act. Fines may be imposed in conjunction
17with other forms of disciplinary action, but shall not be the
18exclusive disposition of any disciplinary action arising out
19of conduct resulting in death or injury to a patient. Any funds
20collected from such fines shall be deposited in the Illinois
21State Medical Disciplinary Fund.
22    All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    (B) The Department shall revoke the license or permit

 

 

HB1801- 65 -LRB102 13812 SPS 19162 b

1issued under this Act to practice medicine, a naturopathic
2physician, or a chiropractic physician who has been convicted
3a second time of committing any felony under the Illinois
4Controlled Substances Act or the Methamphetamine Control and
5Community Protection Act, or who has been convicted a second
6time of committing a Class 1 felony under Sections 8A-3 and
78A-6 of the Illinois Public Aid Code. A person whose license or
8permit is revoked under this subsection B shall be prohibited
9from practicing medicine or treating human ailments without
10the use of drugs and without operative surgery.
11    (C) The Department shall not revoke, suspend, place on
12probation, reprimand, refuse to issue or renew, or take any
13other disciplinary or non-disciplinary action against the
14license or permit issued under this Act to practice medicine
15to a physician:
16        (1) based solely upon the recommendation of the
17    physician to an eligible patient regarding, or
18    prescription for, or treatment with, an investigational
19    drug, biological product, or device; or
20        (2) for experimental treatment for Lyme disease or
21    other tick-borne diseases, including, but not limited to,
22    the prescription of or treatment with long-term
23    antibiotics.
24    (D) The Disciplinary Board shall recommend to the
25Department civil penalties and any other appropriate
26discipline in disciplinary cases when the Board finds that a

 

 

HB1801- 66 -LRB102 13812 SPS 19162 b

1physician willfully performed an abortion with actual
2knowledge that the person upon whom the abortion has been
3performed is a minor or an incompetent person without notice
4as required under the Parental Notice of Abortion Act of 1995.
5Upon the Board's recommendation, the Department shall impose,
6for the first violation, a civil penalty of $1,000 and for a
7second or subsequent violation, a civil penalty of $5,000.
8(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
9100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
101-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
11eff. 8-9-19; revised 9-20-19.)
 
12    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 24. Report of violations; medical associations.
15    (a) Any physician licensed under this Act, the Illinois
16State Medical Society, the Illinois Association of Osteopathic
17Physicians and Surgeons, the Illinois Chiropractic Society,
18the Illinois Prairie State Chiropractic Association, the
19Illinois Association of Naturopathic Physicians, or any
20component societies of any of these 4 groups, and any other
21person, may report to the Disciplinary Board any information
22the physician, association, society, or person may have that
23appears to show that a physician is or may be in violation of
24any of the provisions of Section 22 of this Act.
25    (b) The Department may enter into agreements with the

 

 

HB1801- 67 -LRB102 13812 SPS 19162 b

1Illinois State Medical Society, the Illinois Association of
2Osteopathic Physicians and Surgeons, the Illinois Prairie
3State Chiropractic Association, or the Illinois Chiropractic
4Society, or the Illinois Association of Naturopathic
5Physicians to allow these organizations to assist the
6Disciplinary Board in the review of alleged violations of this
7Act. Subject to the approval of the Department, any
8organization party to such an agreement may subcontract with
9other individuals or organizations to assist in review.
10    (c) Any physician, association, society, or person
11participating in good faith in the making of a report under
12this Act or participating in or assisting with an
13investigation or review under this Act shall have immunity
14from any civil, criminal, or other liability that might result
15by reason of those actions.
16    (d) The medical information in the custody of an entity
17under contract with the Department participating in an
18investigation or review shall be privileged and confidential
19to the same extent as are information and reports under the
20provisions of Part 21 of Article VIII of the Code of Civil
21Procedure.
22    (e) Upon request by the Department after a mandatory
23report has been filed with the Department, an attorney for any
24party seeking to recover damages for injuries or death by
25reason of medical, hospital, or other healing art malpractice
26shall provide patient records related to the physician

 

 

HB1801- 68 -LRB102 13812 SPS 19162 b

1involved in the disciplinary proceeding to the Department
2within 30 days of the Department's request for use by the
3Department in any disciplinary matter under this Act. An
4attorney who provides patient records to the Department in
5accordance with this requirement shall not be deemed to have
6violated any attorney-client privilege. Notwithstanding any
7other provision of law, consent by a patient shall not be
8required for the provision of patient records in accordance
9with this requirement.
10    (f) For the purpose of any civil or criminal proceedings,
11the good faith of any physician, association, society or
12person shall be presumed.
13(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
14    (225 ILCS 60/33)  (from Ch. 111, par. 4400-33)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 33. Legend drugs.
17    (a) Any person licensed under this Act to practice
18medicine in all of its branches shall be authorized to
19purchase legend drugs requiring an order of a person
20authorized to prescribe drugs, and to dispense such legend
21drugs in the regular course of practicing medicine. The
22dispensing of such legend drugs shall be the personal act of
23the person licensed under this Act and may not be delegated to
24any other person not licensed under this Act or the Pharmacy
25Practice Act unless such delegated dispensing functions are

 

 

HB1801- 69 -LRB102 13812 SPS 19162 b

1under the direct supervision of the physician authorized to
2dispense legend drugs. Except when dispensing manufacturers'
3samples or other legend drugs in a maximum 72 hour supply,
4persons licensed under this Act shall maintain a book or file
5of prescriptions as required in the Pharmacy Practice Act. Any
6person licensed under this Act who dispenses any drug or
7medicine shall dispense such drug or medicine in good faith
8and shall affix to the box, bottle, vessel or package
9containing the same a label indicating (1) the date on which
10such drug or medicine is dispensed; (2) the name of the
11patient; (3) the last name of the person dispensing such drug
12or medicine; (4) the directions for use thereof; and (5) the
13proprietary name or names or, if there are none, the
14established name or names of the drug or medicine, the dosage
15and quantity, except as otherwise authorized by regulation of
16the Department.
17    (b) The labeling requirements set forth in subsection (a)
18shall not apply to drugs or medicines in a package which bears
19a label of the manufacturer containing information describing
20its contents which is in compliance with requirements of the
21Federal Food, Drug, and Cosmetic Act and the Illinois Food,
22Drug, and Cosmetic Act. "Drug" and "medicine" have the
23meanings ascribed to them in the Pharmacy Practice Act, as now
24or hereafter amended; "good faith" has the meaning ascribed to
25it in subsection (u) of Section 102 of the Illinois Controlled
26Substances Act.

 

 

HB1801- 70 -LRB102 13812 SPS 19162 b

1    (c) Prior to dispensing a prescription to a patient, the
2physician shall offer a written prescription to the patient
3which the patient may elect to have filled by the physician or
4any licensed pharmacy.
5    (d) A violation of any provision of this Section shall
6constitute a violation of this Act and shall be grounds for
7disciplinary action provided for in this Act.
8    (e) Nothing in this Section shall be construed to
9authorize a chiropractic physician or naturopathic physician
10to prescribe drugs.
11(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
12    (225 ILCS 60/34)  (from Ch. 111, par. 4400-34)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 34. The provisions of this Act shall not be so
15construed nor shall they be so administered as to discriminate
16against any type or category of physician or against any
17medical, osteopathic, naturopathic, or chiropractic college.
18(Source: P.A. 85-4.)
 
19    Section 25. The Patients' Right to Know Act is amended by
20changing Section 5 as follows:
 
21    (225 ILCS 61/5)
22    Sec. 5. Definitions. For purposes of this Act, the
23following definitions shall have the following meanings,

 

 

HB1801- 71 -LRB102 13812 SPS 19162 b

1except where the context requires otherwise:
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Disciplinary Board" means the Medical Disciplinary Board.
5    "Physician" means a person licensed under the Medical
6Practice Act of 1987 to practice medicine in all of its
7branches, a naturopathic physician, or a chiropractic
8physician licensed to treat human ailments without the use of
9drugs and without operative surgery.
10    "Secretary" means the Secretary of the Department of
11Financial and Professional Regulation.
12(Source: P.A. 99-642, eff. 7-28-16.)
 
13    Section 30. The Naprapathic Practice Act is amended by
14changing Sections 25 and 110 as follows:
 
15    (225 ILCS 63/25)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 25. Title and designation of licensed naprapaths.
18Every person to whom a valid existing license as a naprapath
19has been issued under this Act shall be designated
20professionally a "naprapath", and not otherwise, and any
21licensed naprapath may, in connection with the practice of his
22profession, use the title or designation of "naprapath", and,
23if entitled by degree from a college or university recognized
24by the Department, may use the title of "Doctor of Naprapathy"

 

 

HB1801- 72 -LRB102 13812 SPS 19162 b

1or the abbreviation "D.N.". When the name of the licensed
2naprapath is used professionally in oral, written, or printed
3announcements, professional cards, or publications for the
4information of the public and is preceded by the title
5"Doctor" or the abbreviation "Dr.", the explanatory
6designation of "naprapath", "naprapathy", "Doctor of
7Naprapathy", or the designation "D.N." shall be added
8immediately following title and name. When the announcement,
9professional cards, or publication is in writing or in print,
10the explanatory addition shall be in writing, type, or print
11not less than 1/2 the size of that used in the name and title.
12No person other than the holder of a valid existing license
13under this Act shall use the title and designation of "Doctor
14of Naprapathy", "D.N.", or "naprapath", either directly or
15indirectly, in connection with his or her profession or
16business.
17    A naprapath licensed under this Act shall not hold himself
18or herself out as a Doctor of Chiropractic or a Doctor of
19Naturopathic Medicine unless he or she is licensed as a Doctor
20of Chiropractic or Doctor of Naturopathic Medicine under the
21Medical Practice Act of 1987 or any successor Act.
22(Source: P.A. 97-778, eff. 7-13-12.)
 
23    (225 ILCS 63/110)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 110. Grounds for disciplinary action; refusal,

 

 

HB1801- 73 -LRB102 13812 SPS 19162 b

1revocation, suspension.
2    (a) The Department may refuse to issue or to renew, or may
3revoke, suspend, place on probation, reprimand or take other
4disciplinary or non-disciplinary action as the Department may
5deem appropriate, including imposing fines not to exceed
6$10,000 for each violation, with regard to any licensee or
7license for any one or combination of the following causes:
8        (1) Violations of this Act or of rules adopted under
9    this Act.
10        (2) Material misstatement in furnishing information to
11    the Department.
12        (3) Conviction by plea of guilty or nolo contendere,
13    finding of guilt, jury verdict, or entry of judgment, or
14    by sentencing of any crime, including, but not limited to,
15    convictions, preceding sentences of supervision,
16    conditional discharge, or first offender probation, under
17    the laws of any jurisdiction of the United States: (i)
18    that is a felony or (ii) that is a misdemeanor, an
19    essential element of which is dishonesty, or that is
20    directly related to the practice of the profession.
21        (4) Fraud or any misrepresentation in applying for or
22    procuring a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        (5) Professional incompetence or gross negligence.
25        (6) Malpractice.
26        (7) Aiding or assisting another person in violating

 

 

HB1801- 74 -LRB102 13812 SPS 19162 b

1    any provision of this Act or its rules.
2        (8) Failing to provide information within 60 days in
3    response to a written request made by the Department.
4        (9) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public.
7        (10) Habitual or excessive use or abuse of drugs
8    defined in law as controlled substances, alcohol, or any
9    other substance which results in the inability to practice
10    with reasonable judgment, skill, or safety.
11        (11) Discipline by another U.S. jurisdiction or
12    foreign nation if at least one of the grounds for the
13    discipline is the same or substantially equivalent to
14    those set forth in this Act.
15        (12) Directly or indirectly giving to or receiving
16    from any person, firm, corporation, partnership, or
17    association any fee, commission, rebate, or other form of
18    compensation for any professional services not actually or
19    personally rendered. This shall not be deemed to include
20    rent or other remunerations paid to an individual,
21    partnership, or corporation by a naprapath for the lease,
22    rental, or use of space, owned or controlled by the
23    individual, partnership, corporation, or association.
24    Nothing in this paragraph (12) affects any bona fide
25    independent contractor or employment arrangements among
26    health care professionals, health facilities, health care

 

 

HB1801- 75 -LRB102 13812 SPS 19162 b

1    providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this
6    Act. Nothing in this paragraph (12) shall be construed to
7    require an employment arrangement to receive professional
8    fees for services rendered.
9        (13) Using the title "Doctor" or its abbreviation
10    without further clarifying that title or abbreviation with
11    the word "naprapath" or "naprapathy" or the designation
12    "D.N.".
13        (14) A finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status, has violated the terms of probation.
16        (15) Abandonment of a patient without cause.
17        (16) Willfully making or filing false records or
18    reports relating to a licensee's practice, including but
19    not limited to, false records filed with State agencies or
20    departments.
21        (17) Willfully failing to report an instance of
22    suspected child abuse or neglect as required by the Abused
23    and Neglected Child Reporting Act.
24        (18) Physical or mental illness or disability,
25    including, but not limited to, deterioration through the
26    aging process or loss of motor skill that results in the

 

 

HB1801- 76 -LRB102 13812 SPS 19162 b

1    inability to practice the profession with reasonable
2    judgment, skill, or safety.
3        (19) Solicitation of professional services by means
4    other than permitted advertising.
5        (20) Failure to provide a patient with a copy of his or
6    her record upon the written request of the patient.
7        (21) Cheating on or attempting to subvert the
8    licensing examination administered under this Act.
9        (22) Allowing one's license under this Act to be used
10    by an unlicensed person in violation of this Act.
11        (23) (Blank).
12        (24) Being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    under the Abused and Neglected Child Reporting Act and
15    upon proof by clear and convincing evidence that the
16    licensee has caused a child to be an abused child or a
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act.
19        (25) Practicing under a false or, except as provided
20    by law, an assumed name.
21        (26) Immoral conduct in the commission of any act,
22    such as sexual abuse, sexual misconduct, or sexual
23    exploitation, related to the licensee's practice.
24        (27) Maintaining a professional relationship with any
25    person, firm, or corporation when the naprapath knows, or
26    should know, that the person, firm, or corporation is

 

 

HB1801- 77 -LRB102 13812 SPS 19162 b

1    violating this Act.
2        (28) Promotion of the sale of food supplements,
3    devices, appliances, or goods provided for a client or
4    patient in such manner as to exploit the patient or client
5    for financial gain of the licensee.
6        (29) Having treated ailments of human beings other
7    than by the practice of naprapathy as defined in this Act,
8    or having treated ailments of human beings as a licensed
9    naprapath independent of a documented referral or
10    documented current and relevant diagnosis from a
11    physician, dentist, or podiatric physician, or having
12    failed to notify the physician, dentist, or podiatric
13    physician who established a documented current and
14    relevant diagnosis that the patient is receiving
15    naprapathic treatment pursuant to that diagnosis.
16        (30) Use by a registered naprapath of the word
17    "infirmary", "hospital", "school", "university", in
18    English or any other language, in connection with the
19    place where naprapathy may be practiced or demonstrated.
20        (31) Continuance of a naprapath in the employ of any
21    person, firm, or corporation, or as an assistant to any
22    naprapath or naprapaths, directly or indirectly, after his
23    or her employer or superior has been found guilty of
24    violating or has been enjoined from violating the laws of
25    the State of Illinois relating to the practice of
26    naprapathy when the employer or superior persists in that

 

 

HB1801- 78 -LRB102 13812 SPS 19162 b

1    violation.
2        (32) The performance of naprapathic service in
3    conjunction with a scheme or plan with another person,
4    firm, or corporation known to be advertising in a manner
5    contrary to this Act or otherwise violating the laws of
6    the State of Illinois concerning the practice of
7    naprapathy.
8        (33) Failure to provide satisfactory proof of having
9    participated in approved continuing education programs as
10    determined by and approved by the Secretary. Exceptions
11    for extreme hardships are to be defined by the rules of the
12    Department.
13        (34) (Blank).
14        (35) Gross or willful overcharging for professional
15    services.
16        (36) (Blank).
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the
19fine.
20    (b) The Department may refuse to issue or may suspend
21without hearing, as provided for in the Department of
22Professional Regulation Law of the Civil Administrative Code,
23the license of any person who fails to file a return, or pay
24the tax, penalty, or interest shown in a filed return, or pay
25any final assessment of the tax, penalty, or interest as
26required by any tax Act administered by the Illinois

 

 

HB1801- 79 -LRB102 13812 SPS 19162 b

1Department of Revenue, until such time as the requirements of
2any such tax Act are satisfied in accordance with subsection
3(g) of Section 2105-15 of the Department of Professional
4Regulation Law of the Civil Administrative Code of Illinois.
5    (c) (Blank).
6    (d) In cases where the Department of Healthcare and Family
7Services has previously determined a licensee or a potential
8licensee is more than 30 days delinquent in the payment of
9child support and has subsequently certified the delinquency
10to the Department, the Department may refuse to issue or renew
11or may revoke or suspend that person's license or may take
12other disciplinary action against that person based solely
13upon the certification of delinquency made by the Department
14of Healthcare and Family Services in accordance with item (5)
15of subsection (a) of Section 2105-15 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois.
18    (e) The determination by a circuit court that a licensee
19is subject to involuntary admission or judicial admission, as
20provided in the Mental Health and Developmental Disabilities
21Code, operates as an automatic suspension. The suspension
22shall end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and the issuance of an order so finding and discharging the
25patient.
26    (f) In enforcing this Act, the Department, upon a showing

 

 

HB1801- 80 -LRB102 13812 SPS 19162 b

1of a possible violation, may compel an individual licensed to
2practice under this Act, or who has applied for licensure
3under this Act, to submit to a mental or physical examination
4and evaluation, or both, which may include a substance abuse
5or sexual offender evaluation, as required by and at the
6expense of the Department. The Department shall specifically
7designate the examining physician licensed to practice
8medicine in all of its branches or, if applicable, the
9multidisciplinary team involved in providing the mental or
10physical examination and evaluation, or both. The
11multidisciplinary team shall be led by a physician licensed to
12practice medicine in all of its branches and may consist of one
13or more or a combination of physicians licensed to practice
14medicine in all of its branches, licensed chiropractic
15physicians, licensed naturopathic physicians, licensed
16clinical psychologists, licensed clinical social workers,
17licensed clinical professional counselors, and other
18professional and administrative staff. Any examining physician
19or member of the multidisciplinary team may require any person
20ordered to submit to an examination and evaluation pursuant to
21this Section to submit to any additional supplemental testing
22deemed necessary to complete any examination or evaluation
23process, including, but not limited to, blood testing,
24urinalysis, psychological testing, or neuropsychological
25testing.
26    The Department may order the examining physician or any

 

 

HB1801- 81 -LRB102 13812 SPS 19162 b

1member of the multidisciplinary team to provide to the
2Department any and all records including business records that
3relate to the examination and evaluation, including any
4supplemental testing performed. The Department may order the
5examining physician or any member of the multidisciplinary
6team to present testimony concerning the examination and
7evaluation of the licensee or applicant, including testimony
8concerning any supplemental testing or documents in any way
9related to the examination and evaluation. No information,
10report, record, or other documents in any way related to the
11examination and evaluation shall be excluded by reason of any
12common law or statutory privilege relating to communications
13between the licensee or applicant and the examining physician
14or any member of the multidisciplinary team. No authorization
15is necessary from the licensee or applicant ordered to undergo
16an evaluation and examination for the examining physician or
17any member of the multidisciplinary team to provide
18information, reports, records, or other documents or to
19provide any testimony regarding the examination and
20evaluation. The individual to be examined may have, at his or
21her own expense, another physician of his or her choice
22present during all aspects of this examination. Failure of an
23individual to submit to a mental or physical examination and
24evaluation, or both, when directed, shall result in an
25automatic suspension without hearing, until such time as the
26individual submits to the examination.

 

 

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1    A person holding a license under this Act or who has
2applied for a license under this Act who, because of a physical
3or mental illness or disability, including, but not limited
4to, deterioration through the aging process or loss of motor
5skill, is unable to practice the profession with reasonable
6judgment, skill, or safety, may be required by the Department
7to submit to care, counseling, or treatment by physicians
8approved or designated by the Department as a condition, term,
9or restriction for continued, reinstated, or renewed licensure
10to practice. Submission to care, counseling, or treatment as
11required by the Department shall not be considered discipline
12of a license. If the licensee refuses to enter into a care,
13counseling, or treatment agreement or fails to abide by the
14terms of the agreement, the Department may file a complaint to
15revoke, suspend, or otherwise discipline the license of the
16individual. The Secretary may order the license suspended
17immediately, pending a hearing by the Department. Fines shall
18not be assessed in disciplinary actions involving physical or
19mental illness or impairment.
20    In instances in which the Secretary immediately suspends a
21person's license under this Section, a hearing on that
22person's license must be convened by the Department within 15
23days after the suspension and completed without appreciable
24delay. The Department shall have the authority to review the
25subject individual's record of treatment and counseling
26regarding the impairment to the extent permitted by applicable

 

 

HB1801- 83 -LRB102 13812 SPS 19162 b

1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3    An individual licensed under this Act and affected under
4this Section shall be afforded an opportunity to demonstrate
5to the Department that he or she can resume practice in
6compliance with acceptable and prevailing standards under the
7provisions of his or her license.
8(Source: P.A. 100-872, eff. 8-14-18.)
 
9    Section 35. The Illinois Physical Therapy Act is amended
10by changing Section 1 as follows:
 
11    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 1. Definitions. As used in this Act:
14    (1) "Physical therapy" means all of the following:
15        (A) Examining, evaluating, and testing individuals who
16    may have mechanical, physiological, or developmental
17    impairments, functional limitations, disabilities, or
18    other health and movement-related conditions, classifying
19    these disorders, determining a rehabilitation prognosis
20    and plan of therapeutic intervention, and assessing the
21    ongoing effects of the interventions.
22        (B) Alleviating impairments, functional limitations,
23    or disabilities by designing, implementing, and modifying
24    therapeutic interventions that may include, but are not

 

 

HB1801- 84 -LRB102 13812 SPS 19162 b

1    limited to, the evaluation or treatment of a person
2    through the use of the effective properties of physical
3    measures and heat, cold, light, water, radiant energy,
4    electricity, sound, and air and use of therapeutic
5    massage, therapeutic exercise, mobilization, and
6    rehabilitative procedures, with or without assistive
7    devices, for the purposes of preventing, correcting, or
8    alleviating a physical or mental impairment, functional
9    limitation, or disability.
10        (C) Reducing the risk of injury, impairment,
11    functional limitation, or disability, including the
12    promotion and maintenance of fitness, health, and
13    wellness.
14        (D) Engaging in administration, consultation,
15    education, and research.
16    "Physical therapy" includes, but is not limited to: (a)
17performance of specialized tests and measurements, (b)
18administration of specialized treatment procedures, (c)
19interpretation of referrals from physicians, dentists,
20advanced practice registered nurses, physician assistants, and
21podiatric physicians, (d) establishment, and modification of
22physical therapy treatment programs, (e) administration of
23topical medication used in generally accepted physical therapy
24procedures when such medication is either prescribed by the
25patient's physician, licensed to practice medicine in all its
26branches, the patient's physician licensed to practice

 

 

HB1801- 85 -LRB102 13812 SPS 19162 b

1podiatric medicine, the patient's advanced practice registered
2nurse, the patient's physician assistant, or the patient's
3dentist or used following the physician's orders or written
4instructions, (f) supervision or teaching of physical therapy,
5and (g) dry needling in accordance with Section 1.5. "Physical
6therapy" does not include radiology, electrosurgery,
7chiropractic technique, naturopathic technique, or
8determination of a differential diagnosis; provided, however,
9the limitation on determining a differential diagnosis shall
10not in any manner limit a physical therapist licensed under
11this Act from performing an evaluation and establishing a
12physical therapy treatment plan pursuant to such license.
13Nothing in this Section shall limit a physical therapist from
14employing appropriate physical therapy techniques that he or
15she is educated and licensed to perform.
16    (2) "Physical therapist" means a person who practices
17physical therapy and who has met all requirements as provided
18in this Act.
19    (3) "Department" means the Department of Professional
20Regulation.
21    (4) "Director" means the Director of Professional
22Regulation.
23    (5) "Board" means the Physical Therapy Licensing and
24Disciplinary Board approved by the Director.
25    (6) "Referral" means a written or oral authorization for
26physical therapy services for a patient by a physician,

 

 

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1dentist, advanced practice registered nurse, physician
2assistant, or podiatric physician who maintains medical
3supervision of the patient and makes a diagnosis or verifies
4that the patient's condition is such that it may be treated by
5a physical therapist.
6    (7) (Blank).
7    (8) "State" includes:
8        (a) the states of the United States of America;
9        (b) the District of Columbia; and
10        (c) the Commonwealth of Puerto Rico.
11    (9) "Physical therapist assistant" means a person licensed
12to assist a physical therapist and who has met all
13requirements as provided in this Act and who works under the
14supervision of a licensed physical therapist to assist in
15implementing the physical therapy treatment program as
16established by the licensed physical therapist. The patient
17care activities provided by the physical therapist assistant
18shall not include the interpretation of referrals, evaluation
19procedures, or the planning or major modification of patient
20programs.
21    (10) "Physical therapy aide" means a person who has
22received on the job training, specific to the facility in
23which he is employed.
24    (11) "Advanced practice registered nurse" means a person
25licensed as an advanced practice registered nurse under the
26Nurse Practice Act.

 

 

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1    (12) "Physician assistant" means a person licensed under
2the Physician Assistant Practice Act of 1987.
3    (13) "Health care professional" means a physician,
4dentist, podiatric physician, advanced practice registered
5nurse, or physician assistant.
6(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15;
799-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff.
88-25-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18; 100-897,
9eff. 8-16-18.)
 
10    Section 40. The Health Care Arbitration Act is amended by
11changing Section 2 as follows:
 
12    (710 ILCS 15/2)  (from Ch. 10, par. 202)
13    Sec. 2. Definitions. As used in this Act:
14    (a) "Health care provider" means a person, partnership,
15corporation, or other entity lawfully engaged in the practice
16of medicine, surgery, chiropractic, naturopathy, dentistry,
17podiatry, optometry, physical therapy or nursing.
18    (b) "Hospital" means a person, partnership, corporation or
19other entity lawfully engaged in the operation or
20administration of a hospital, clinic, nursing home or
21sanitarium.
22    (c) "Supplier" means a person, corporation, partnership or
23other entity that has manufactured, designed, distributed,
24sold, or otherwise provided any medication, device, equipment,

 

 

HB1801- 88 -LRB102 13812 SPS 19162 b

1service, or other product used in the diagnosis or treatment
2of a patient.
3    (d) "Health care arbitration agreement" or "agreement"
4means a written agreement between a patient and a hospital or
5health care provider to submit to binding arbitration a claim
6for damages arising out of (1) injuries alleged to have been
7received by a patient or (2) death of a patient, due to
8hospital or health care provider negligence or other wrongful
9act, but not including intentional torts.
10(Source: P.A. 90-655, eff. 7-30-98.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3945/2from Ch. 144, par. 2002
4    105 ILCS 5/24-6
5    105 ILCS 5/26-1from Ch. 122, par. 26-1
6    215 ILCS 5/122-1from Ch. 73, par. 734-1
7    225 ILCS 60/2from Ch. 111, par. 4400-2
8    225 ILCS 60/7from Ch. 111, par. 4400-7
9    225 ILCS 60/8from Ch. 111, par. 4400-8
10    225 ILCS 60/9from Ch. 111, par. 4400-9
11    225 ILCS 60/10from Ch. 111, par. 4400-10
12    225 ILCS 60/11from Ch. 111, par. 4400-11
13    225 ILCS 60/14from Ch. 111, par. 4400-14
14    225 ILCS 60/15from Ch. 111, par. 4400-15
15    225 ILCS 60/16from Ch. 111, par. 4400-16
16    225 ILCS 60/17from Ch. 111, par. 4400-17
17    225 ILCS 60/18from Ch. 111, par. 4400-18
18    225 ILCS 60/19from Ch. 111, par. 4400-19
19    225 ILCS 60/22from Ch. 111, par. 4400-22
20    225 ILCS 60/24from Ch. 111, par. 4400-24
21    225 ILCS 60/33from Ch. 111, par. 4400-33
22    225 ILCS 60/34from Ch. 111, par. 4400-34
23    225 ILCS 61/5
24    225 ILCS 63/25
25    225 ILCS 63/110

 

 

HB1801- 90 -LRB102 13812 SPS 19162 b

1    225 ILCS 90/1from Ch. 111, par. 4251
2    710 ILCS 15/2from Ch. 10, par. 202