Full Text of HB4554 95th General Assembly
HB4554ham002 95TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/11/2008
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09500HB4554ham002 |
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LRB095 17528 RAS 47626 a |
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| AMENDMENT TO HOUSE BILL 4554
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| AMENDMENT NO. ______. Amend House Bill 4554, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Physician Profile Act. | 7 |
| Section 5. Definitions. In this Act: | 8 |
| "Department" means the Department of Financial and | 9 |
| Professional Regulation. | 10 |
| "Physician" has the meaning given to the term in the | 11 |
| Medical Practice Act of 1987. | 12 |
| "Disciplinary Board" means the Medical Disciplinary Board | 13 |
| created under the Medical Practice Act of 1987. | 14 |
| Section 10. Physician profile; availability. | 15 |
| (a) Beginning on the effective date of this Act, the |
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| Department of Financial and Professional Regulation shall make | 2 |
| available to the public a profile of each physician licensed | 3 |
| under the Medical Practice Act of 1987. The Department shall | 4 |
| make this information available through an Internet web site | 5 |
| and, if requested, in writing. | 6 |
| (b) The Disciplinary Board shall provide individual | 7 |
| physicians with a copy of their profiles prior to release to | 8 |
| the public. A physician shall be provided 60 days to correct | 9 |
| factual inaccuracies that appear in such profile.
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| Section 15. Physician profile; contents. A physician | 11 |
| profile shall contain the following information: | 12 |
| (1) the full name of the physician;
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| (2) a description of any criminal convictions for | 14 |
| felonies and Class A misdemeanors, as determined by the | 15 |
| Department, within the most recent 5 years. For the | 16 |
| purposes of this Section, a person shall be deemed to be | 17 |
| convicted of a crime if he or she pleaded guilty or if he | 18 |
| was found or adjudged guilty by a court of competent | 19 |
| jurisdiction;
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| (3) a description of any final Department disciplinary | 21 |
| actions within the most recent 5 years;
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| (4) a description of any final disciplinary actions by | 23 |
| licensing boards in other states within the most recent 5 | 24 |
| years;
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| (5) a description of revocation or involuntary |
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| restriction of hospital privileges for reasons related to | 2 |
| competence or character that have been taken by the | 3 |
| hospital's governing body or any other official of the | 4 |
| hospital after procedural due process has been afforded, or | 5 |
| the resignation from or nonrenewal of medical staff | 6 |
| membership or the restriction of privileges at a hospital | 7 |
| taken in lieu of or in settlement of a pending disciplinary | 8 |
| case related to competence or character in that hospital. | 9 |
| Only cases which have occurred within the most recent 5 | 10 |
| years shall be disclosed by the Department to the public;
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| (6) all medical malpractice court judgments and all | 12 |
| medical malpractice arbitration awards in which a payment | 13 |
| was awarded to a complaining party during the most recent 5 | 14 |
| years and all settlements of medical malpractice claims in | 15 |
| which a payment was made to a complaining party within the | 16 |
| most recent 5 years. A medical malpractice judgment or | 17 |
| award that has been appealed shall be identified | 18 |
| prominently as "Under Appeal" on the profile within 20 days | 19 |
| of formal written notice to the Department. Information | 20 |
| concerning all settlements shall be accompanied by the | 21 |
| following statement: "Settlement of a claim may occur for a | 22 |
| variety of reasons which do not necessarily reflect | 23 |
| negatively on the professional competence or conduct of the | 24 |
| physician. A payment in settlement of a medical malpractice | 25 |
| action or claim should not be construed as creating a | 26 |
| presumption that medical malpractice has occurred." |
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| Nothing in this item (6) shall be construed to limit or | 2 |
| prevent the Disciplinary Board from providing further | 3 |
| explanatory information regarding the significance of | 4 |
| categories in which settlements are reported. Pending | 5 |
| malpractice claims shall not be disclosed by the Department | 6 |
| to the public. Nothing in this subdivision (6) shall be | 7 |
| construed to prevent the Disciplinary Board from | 8 |
| investigating and the Department from disciplining a | 9 |
| physician on the basis of medical malpractice claims that | 10 |
| are pending;
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| (7) names of medical schools attended, dates of | 12 |
| attendance, and date of graduation;
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| (8) graduate medical education;
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| (9) specialty board certification; the toll-free | 15 |
| number of the American Board of Medical Specialties shall | 16 |
| be included to verify current board certification status;
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| (10) number of years in practice and locations;
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| (11) names of the hospitals where the physician has | 19 |
| privileges;
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| (12) appointments to medical school faculties and | 21 |
| indication as to whether a physician has a responsibility | 22 |
| for graduate medical education within the most recent 5 | 23 |
| years;
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| (13) information regarding publications in | 25 |
| peer-reviewed medical literature within the most recent 5 | 26 |
| years;
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| (14) information regarding professional or community | 2 |
| service activities and awards;
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| (15) the location of the physician's primary practice | 4 |
| setting;
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| (16) identification of any translating services that | 6 |
| may be available at the physician's primary practice | 7 |
| location;
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| (17) an indication of whether the physician | 9 |
| participates in the Medicaid program.
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| Section 20. Omissions. A physician may elect to have his | 11 |
| or her profile omit certain information provided pursuant to | 12 |
| items (12) through (14) of Section 15 of this Act concerning | 13 |
| academic appointments and teaching responsibilities, | 14 |
| publication in peer-reviewed journals and professional and | 15 |
| community service awards. In collecting information for | 16 |
| physician profiles and in disseminating the same, the | 17 |
| Disciplinary Board shall inform physicians that they may choose | 18 |
| not to provide such information required pursuant to items (12) | 19 |
| through (14) of Section 15 of this Act.
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| Section 25. No authority to make or promulgate rules. | 21 |
| Notwithstanding any other rulemaking authority that may exist, | 22 |
| neither the Governor nor any agency or agency head under the | 23 |
| jurisdiction of the Governor has any authority to make or | 24 |
| promulgate rules to implement or enforce the provisions of this |
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| Act. If, however, the Governor believes that rules are | 2 |
| necessary to implement or enforce the provisions of this Act, | 3 |
| the Governor may suggest rules to the General Assembly by | 4 |
| filing them with the Clerk of the House and Secretary of the | 5 |
| Senate and by requesting that the General Assembly authorize | 6 |
| such rulemaking by law, enact those suggested rules into law, | 7 |
| or take any other appropriate action in the General Assembly's | 8 |
| discretion. Nothing contained in this Act shall be interpreted | 9 |
| to grant rulemaking authority under any other Illinois statute | 10 |
| where such authority is not otherwise explicitly given. For the | 11 |
| purposes of this Act, "rules" is given the meaning contained in | 12 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 13 |
| "agency" and "agency head" are given the meanings contained in | 14 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 15 |
| Act to the extent that such definitions apply to agencies or | 16 |
| agency heads under the jurisdiction of the Governor. | 17 |
| Section 90. The Medical Practice Act of 1987 is amended by | 18 |
| changing Sections 9 and 21 as follows:
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| (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 9. Application for license. Each applicant for a | 22 |
| license shall:
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| (A) Make application on blank forms prepared and
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| furnished by the Department of Professional Regulation
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| hereinafter referred to as the Department.
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| (B) Submit evidence satisfactory to the Department
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| that the applicant:
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| (1) is of good moral character. In determining | 5 |
| moral
character under this Section, the Department may | 6 |
| take into
consideration whether the applicant has | 7 |
| engaged in conduct
or activities which would | 8 |
| constitute grounds for discipline
under this Act. The | 9 |
| Department may also request the
applicant to submit, | 10 |
| and may consider as evidence of moral
character, | 11 |
| endorsements from 2 or 3 individuals licensed
under | 12 |
| this Act;
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| (2) has the preliminary and professional education
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| required by this Act;
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| (3) (blank); and
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| (4) is physically, mentally, and professionally | 17 |
| capable
of practicing medicine with reasonable | 18 |
| judgment, skill, and
safety. In determining physical, | 19 |
| mental and professional
capacity under this Section, | 20 |
| the Medical Licensing Board
may, upon a showing of a | 21 |
| possible incapacity, compel any
applicant to submit to | 22 |
| a mental or physical examination, or
both. The | 23 |
| Licensing Board may condition or restrict any
license, | 24 |
| subject to the same terms and conditions as are
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| provided for the Medical Disciplinary Board under | 26 |
| Section 22
of this Act. Any such condition of a |
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| restricted license
shall provide that the Chief | 2 |
| Medical Coordinator or Deputy
Medical Coordinator | 3 |
| shall have the authority to review the
subject | 4 |
| physician's compliance with such conditions or
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| restrictions, including, where appropriate, the | 6 |
| physician's
record of treatment and counseling | 7 |
| regarding the impairment,
to the extent permitted by | 8 |
| applicable federal statutes and
regulations | 9 |
| safeguarding the confidentiality of medical
records of | 10 |
| patients.
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| In determining professional capacity under this
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| Section any individual who has not been actively engaged in
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| the practice of medicine or as a medical, osteopathic, or
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| chiropractic student or who has not been engaged in a | 15 |
| formal
program of medical education during the 2 years
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| immediately preceding their application may be required to
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| complete such additional testing, training, or remedial
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| education as the Licensing Board may deem necessary in | 19 |
| order
to establish the applicant's present capacity to | 20 |
| practice
medicine with reasonable judgment, skill, and | 21 |
| safety.
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| (C) Designate specifically the name, location, and
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| kind of professional school, college, or institution of
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| which the applicant is a graduate and the category under
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| which the applicant seeks, and will undertake, to practice.
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| (C-5) Submit to the Department all applicable |
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| information required under the Physician Profile Act.
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| (D) Pay to the Department at the time of application
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| the required fees.
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| (E) Pursuant to Department rules, as required, pass an
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| examination authorized by the Department to determine
the | 6 |
| applicant's fitness to receive a license.
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| (F) Complete the application process within 3 years | 8 |
| from the date of
application. If the process has not been | 9 |
| completed within 3 years, the
application shall be denied, | 10 |
| application fees shall be forfeited, and the
applicant
must | 11 |
| reapply and meet the requirements in effect at the time of
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| reapplication.
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| (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97 .)
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| (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
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| (Section scheduled to be repealed on December 31, 2008)
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| Sec. 21. License renewal; restoration; inactive status; | 17 |
| disposition and
collection of fees. | 18 |
| (A) Renewal. The expiration date and renewal period for | 19 |
| each
license issued under this Act shall be set by rule. The | 20 |
| holder of a
license may renew the license by paying the | 21 |
| required fee and submitting to or updating with the Department | 22 |
| all applicable information required under the Physician | 23 |
| Profile Act . The
holder of a
license may also renew the license | 24 |
| within 90 days after its expiration by
complying with the | 25 |
| requirements for renewal and payment of an additional
fee. A |
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| license renewal within 90 days after expiration shall be | 2 |
| effective
retroactively to the expiration date.
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| The Department shall mail to each licensee under this
Act, | 4 |
| at his or her last known address, at least
60 days
in advance | 5 |
| of the expiration date of his or her license, a notice
of that | 6 |
| fact and an application for renewal form. No such
license shall | 7 |
| be deemed to have lapsed until 90 days after the expiration
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| date and after such notice and application have been mailed by | 9 |
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Department as herein provided.
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| (B) Restoration. Any licensee who has permitted his or her
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| license to lapse or who has had his or her license on inactive
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| status may have his or her license restored by making | 13 |
| application
to the Department , submitting to or updating with | 14 |
| the Department all applicable information required under the | 15 |
| Physician Profile Act, and filing proof acceptable to the
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| Department of his or her fitness to have the
license restored,
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| including evidence certifying to active practice in another
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| jurisdiction satisfactory to the Department, proof of meeting | 19 |
| the continuing
education requirements for one renewal period, | 20 |
| and by paying
the required restoration fee.
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| If the licensee has not maintained an active practice
in | 22 |
| another jurisdiction satisfactory to the Department, the
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| Licensing Board shall determine, by an evaluation program
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| established by rule, the applicant's fitness to resume active
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| status
and may require the licensee to complete a period of
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| evaluated clinical experience and may require successful
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| completion of the practical examination.
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| However, any registrant whose license has expired while
he | 3 |
| or she has been engaged (a) in Federal Service on active
duty
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| with the Army of the United States, the United States Navy,
the | 5 |
| Marine Corps, the Air Force, the Coast Guard, the Public
Health | 6 |
| Service or the State Militia called into the service
or | 7 |
| training of the United States of America, or (b) in
training or | 8 |
| education under the supervision of the United
States | 9 |
| preliminary to induction into the military service,
may have | 10 |
| his or her license reinstated or restored without paying
any | 11 |
| lapsed renewal fees, if within 2 years after honorable
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| termination of such service, training, or education, he or she
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| furnishes to the Department with satisfactory evidence to the
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| effect that he or she has been so engaged and that his or
her
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| service, training, or education has been so terminated.
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| (C) Inactive licenses. Any licensee who notifies the
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| Department, in writing on forms prescribed by the
Department, | 18 |
| may elect to place his or her license on an inactive
status and | 19 |
| shall, subject to rules of the Department, be
excused from | 20 |
| payment of renewal fees until he or she notifies the
Department | 21 |
| in writing of his or her desire to resume active
status.
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| Any licensee requesting restoration from inactive
status | 23 |
| shall be required to pay the current renewal fee, provide proof | 24 |
| of
meeting the continuing education requirements for the period | 25 |
| of time the
license is inactive not to exceed one renewal | 26 |
| period, and
shall be required to restore his or her license as |
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| provided
in
subsection (B).
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| Any licensee whose license is in an inactive status
shall | 3 |
| not practice in the State of Illinois.
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| (D) Disposition of monies collected. All monies
collected | 5 |
| under this Act by the Department shall be
deposited in the | 6 |
| Illinois State Medical Disciplinary Fund in
the State Treasury, | 7 |
| and used only for the following
purposes: (a) by the Medical | 8 |
| Disciplinary
Board in the exercise of its powers and | 9 |
| performance of its
duties, as such use is made by the | 10 |
| Department with full
consideration of all recommendations of | 11 |
| the Medical
Disciplinary Board, (b) for costs directly related | 12 |
| to
persons licensed under this Act, and (c) for direct and | 13 |
| allocable indirect
costs related to the public purposes of the | 14 |
| Department of Professional
Regulation.
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| Moneys in the Fund may be transferred to the Professions | 16 |
| Indirect Cost Fund
as authorized under Section 2105-300 of the | 17 |
| Department of Professional
Regulation Law (20 ILCS | 18 |
| 2105/2105-300).
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| All earnings received from investment of monies in the
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| Illinois State Medical Disciplinary Fund shall be deposited
in | 21 |
| the Illinois State Medical Disciplinary Fund and shall be
used | 22 |
| for the same purposes as fees deposited in such Fund.
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| (E) Fees. The following fees are nonrefundable.
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| (1) Applicants for any examination shall be required
to | 25 |
| pay, either to the Department or to the designated
testing | 26 |
| service, a fee covering the cost of determining the
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| applicant's eligibility and providing the examination.
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| Failure to appear for the examination on the scheduled | 3 |
| date,
at the time and place specified, after the | 4 |
| applicant's
application for examination has been received | 5 |
| and
acknowledged by the Department or the designated | 6 |
| testing
service, shall result in the forfeiture of the | 7 |
| examination
fee.
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| (2) The fee for a license under Section 9 of this Act
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| is $300.
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| (3) The fee for a license under Section 19 of this Act
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| is $300.
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| (4) The fee for the renewal of a license for a resident | 13 |
| of Illinois
shall be calculated at the rate of $100 per | 14 |
| year, except for licensees
who were issued a license within | 15 |
| 12 months of the expiration date of the
license, the fee | 16 |
| for the renewal shall be $100.
The fee for the renewal
of a | 17 |
| license for a nonresident shall be calculated at the rate | 18 |
| of $200 per
year, except for licensees
who were issued a | 19 |
| license within 12 months of the expiration date of the
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| license, the fee for the renewal shall be $200.
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| (5) The fee for the restoration of a license other
than | 22 |
| from inactive status, is $100. In addition, payment of all
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| lapsed renewal fees not to exceed $600 is required.
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| (6) The fee for a 3-year temporary license under
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| Section 17 is $100.
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| (7) The fee for the issuance of a duplicate license,
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| for the issuance of a replacement license for a license
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| which has been lost or destroyed, or for the issuance of a
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| license with a change of name or address other than during
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| the renewal period is $20. No fee is required for name and
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| address changes on Department records when no duplicate
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| license is issued.
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| (8) The fee to be paid for a license record for any
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| purpose is $20.
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| (9) The fee to be paid to have the scoring of an
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| examination, administered by the Department, reviewed and
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| verified, is $20 plus any fees charged by the applicable
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| testing service.
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| (10) The fee to be paid by a licensee for a wall
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| certificate showing his or her license shall be the actual | 15 |
| cost
of producing the certificate.
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| (11) The fee for a roster of persons licensed as
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| physicians in this State shall be the actual cost of
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| producing such a roster.
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| (F) Any person who delivers a check or other payment to the | 20 |
| Department that
is returned to the Department unpaid by the | 21 |
| financial institution upon
which it is drawn shall pay to the | 22 |
| Department, in addition to the amount
already owed to the | 23 |
| Department, a fine of $50. The fines imposed by this Section | 24 |
| are in addition
to any other discipline provided under this Act | 25 |
| for unlicensed
practice or practice on a nonrenewed license. | 26 |
| The Department shall notify
the person that payment of fees and |
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| fines shall be paid to the Department
by certified check or | 2 |
| money order within 30 calendar days of the
notification. If, | 3 |
| after the expiration of 30 days from the date of the
| 4 |
| notification, the person has failed to submit the necessary | 5 |
| remittance, the
Department shall automatically terminate the | 6 |
| license or certificate or deny
the application, without | 7 |
| hearing. If, after termination or denial, the
person seeks a | 8 |
| license or certificate, he or she shall apply to the
Department | 9 |
| for restoration or issuance of the license or certificate and
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| pay all fees and fines due to the Department. The Department | 11 |
| may establish
a fee for the processing of an application for | 12 |
| restoration of a license or
certificate to pay all expenses of | 13 |
| processing this application. The Director
may waive the fines | 14 |
| due under this Section in individual cases where the
Director | 15 |
| finds that the fines would be unreasonable or unnecessarily
| 16 |
| burdensome.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, | 18 |
| eff.
6-28-01; 92-146, eff. 1-1-02 .)
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| (225 ILCS 60/24.1 rep.)
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| Section 95. The Medical Practice Act of 1987 is amended by | 21 |
| repealing Section 24.1.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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