Illinois General Assembly - Full Text of SB0884
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Full Text of SB0884  95th General Assembly

SB0884sam001 95TH GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 3/21/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 884

2     AMENDMENT NO. ______. Amend Senate Bill 884 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Medical School Curriculum Act is amended by
5 adding Section 3 as follows:
 
6     (110 ILCS 55/3 new)
7     Sec. 3. Cultural competency training.
8     (a) The curriculum in each medical school operated in this
9 State must include instruction in cultural competency designed
10 to address the problem of race-based and gender-based
11 disparities in medical treatment decisions and developed in
12 consultation with the Association of American Medical Colleges
13 or another nationally recognized organization that reviews
14 medical school curricula.
15     (b) Completion of cultural competency instruction as
16 provided in subsection (a) of this Section must be required as

 

 

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1 a condition of receiving a diploma from a medical school
2 operated in this State.
3     (c) A medical school that includes instruction in cultural
4 competency as provided in subsection (a) of this Section in its
5 curricula must offer, for continuing education credit,
6 cultural competency training, consistent with the instruction
7 developed pursuant to subsection (a) of this Section, that is
8 provided through classroom instruction, workshops, or other
9 educational programs sponsored by the school and that meets
10 continuing education criteria established by the Department of
11 Financial and Professional Regulation under the Medical
12 Practice Act of 1987.
 
13     Section 10. The Medical Practice Act of 1987 is amended by
14 changing Sections 19 and 20 as follows:
 
15     (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
16     (Section scheduled to be repealed on December 31, 2008)
17     Sec. 19. Licensure without examination. The Department
18 may, in its discretion, issue a license without examination to
19 any person who is currently licensed to practice medicine in
20 all of its branches, or to practice the treatment of human
21 ailments without the use of drugs or operative surgery, in any
22 other state, territory, country or province, upon the following
23 conditions:
24         (A) (Blank);

 

 

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1         (B) That the applicant is of good moral character. In
2     determining moral character under this Section, the
3     Department may take into consideration whether the
4     applicant has engaged in conduct or activities which would
5     constitute grounds for discipline under this Act. The
6     Department may also request the applicant to submit, and
7     may consider as evidence of moral character, endorsements
8     from 2 or 3 individuals licensed under this Act;
9         (C) That the applicant is physically, mentally and
10     professionally capable of practicing medicine with
11     reasonable judgment, skill and safety. In determining
12     physical, mental and professional capacity under this
13     Section the Medical Licensing Board may, upon a showing of
14     a possible incapacity, compel an applicant to submit to a
15     mental or physical examination, or both, and may condition
16     or restrict any license, subject to the same terms and
17     conditions as are provided for the Medical Disciplinary
18     Board under Section 22 of this Act. The Medical Licensing
19     Board or the Department may order the examining physician
20     to present testimony concerning this mental or physical
21     examination of the applicant. No information shall be
22     excluded by reason of any common law or statutory privilege
23     relating to communications between the applicant and the
24     examining physician. Any condition of restricted license
25     shall provide that the Chief Medical Coordinator or Deputy
26     Medical Coordinator shall have the authority to review the

 

 

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1     subject physician's compliance with such conditions or
2     restrictions, including, where appropriate, the
3     physician's record of treatment and counseling regarding
4     the impairment, to the extent permitted by applicable
5     federal statutes and regulations safeguarding the
6     confidentiality of medical records of patients.
7         (D) That if the applicant seeks to practice medicine in
8     all of its branches:
9             (1) if the applicant was licensed in another
10         jurisdiction prior to January 1, 1988, that the
11         applicant has satisfied the educational requirements
12         of paragraph (1) of subsection (A) or paragraph (2) of
13         subsection (A) of Section 11 of this Act; or
14             (2) if the applicant was licensed in another
15         jurisdiction after December 31, 1987, that the
16         applicant has satisfied the educational requirements
17         of paragraph (A)(2) of Section 11 of this Act; and
18             (3) the requirements for a license to practice
19         medicine in all of its branches in the particular
20         state, territory, country or province in which the
21         applicant is licensed are deemed by the Department to
22         have been substantially equivalent to the requirements
23         for a license to practice medicine in all of its
24         branches in force in this State at the date of the
25         applicant's license;
26         (E) That if the applicant seeks to treat human ailments

 

 

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1     without the use of drugs and without operative surgery:
2             (1) the applicant is a graduate of a chiropractic
3         school or college approved by the Department at the
4         time of their graduation;
5             (2) the requirements for the applicant's license
6         to practice the treatment of human ailments without the
7         use of drugs are deemed by the Department to have been
8         substantially equivalent to the requirements for a
9         license to practice in this State at the date of the
10         applicant's license;
11         (F) That the Department may, in its discretion, issue a
12     license, without examination, to any graduate of a medical
13     or osteopathic college, reputable and in good standing in
14     the judgment of the Department, who has passed an
15     examination for admission to the United States Public
16     Health Service, or who has passed any other examination
17     deemed by the Department to have been at least equal in all
18     substantial respects to the examination required for
19     admission to any such medical corps;
20         (G) That applications for licenses without examination
21     shall be filed with the Department, under oath, on forms
22     prepared and furnished by the Department, and shall set
23     forth, and applicants therefor shall supply such
24     information respecting the life, education, professional
25     practice, and moral character of applicants as the
26     Department may require to be filed for its use;

 

 

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1         (H) That the applicant undergo the criminal background
2     check established under Section 9.7 of this Act; and .
3         (I) That the applicant has completed cultural
4     competency training consistent with that required under
5     the Medical School Curriculum Act to the satisfaction of
6     the Department.
7     In the exercise of its discretion under this Section, the
8 Department is empowered to consider and evaluate each applicant
9 on an individual basis. It may take into account, among other
10 things, the extent to which there is or is not available to the
11 Department, authentic and definitive information concerning
12 the quality of medical education and clinical training which
13 the applicant has had. Under no circumstances shall a license
14 be issued under the provisions of this Section to any person
15 who has previously taken and failed the written examination
16 conducted by the Department for such license. In determining
17 moral character, the Department may take into consideration
18 whether the applicant has engaged in conduct or activities
19 which would constitute grounds for discipline under this Act.
20 The Department may also request the applicant to submit, and
21 may consider as evidence of moral character, evidence from 2 or
22 3 individuals licensed under this Act. Applicants have 3 years
23 from the date of application to complete the application
24 process. If the process has not been completed within 3 years,
25 the application shall be denied, the fees shall be forfeited,
26 and the applicant must reapply and meet the requirements in

 

 

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1 effect at the time of reapplication.
2 (Source: P.A. 89-702, eff. 7-1-97; 90-722, eff. 1-1-99.)
 
3     (225 ILCS 60/20)  (from Ch. 111, par. 4400-20)
4     (Section scheduled to be repealed on December 31, 2008)
5     Sec. 20. Continuing education. The Department shall
6 promulgate rules of continuing education for persons licensed
7 under this Act that require 150 hours of continuing education
8 per license renewal cycle. These rules shall be consistent with
9 requirements of relevant professional associations, speciality
10 societies, or boards. The rules shall also address variances in
11 part or in whole for good cause, including but not limited to
12 illness or hardship. In establishing these rules, the
13 Department shall consider educational requirements for medical
14 staffs, requirements for specialty society board certification
15 or for continuing education requirements as a condition of
16 membership in societies representing the 2 categories of
17 licensee under this Act. These rules shall assure that
18 licensees are given the opportunity to participate in those
19 programs sponsored by or through their professional
20 associations or hospitals which are relevant to their practice.
21 Each licensee is responsible for maintaining records of
22 completion of continuing education and shall be prepared to
23 produce the records when requested by the Department.
24     Continuing education requirements for persons licensed
25 under this Act who did not receive instruction in cultural

 

 

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1 competency consistent with that required under the Medical
2 School Curriculum Act as part of the medical school curriculum,
3 including persons licensed in this State who did not attend
4 medical school in this State, must include the completion of
5 cultural competency training that is offered pursuant to
6 subsection (c) of Section 3 of the Medical School Curriculum
7 Act during the first renewal cycle immediately following the
8 effective date of this amendatory Act of the 95th General
9 Assembly. The Department may waive the cultural competency
10 continuing education requirement for any licensee who
11 demonstrates to the satisfaction of the Department that he or
12 she has attained the substantial equivalent of this requirement
13 through completion of a similar course in his or her
14 post-secondary education.
15 (Source: P.A. 92-750, eff. 1-1-03.)
 
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.".