HB5308ham001 96TH GENERAL ASSEMBLY

Rep. David R. Leitch

Filed: 3/23/2010

09600HB5308ham001 LRB096 15730 ASK 38617 a

AMENDMENT TO HOUSE BILL 5308

AMENDMENT NO. ______. Amend House Bill 5308, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Medical Practice Act of 1987 is amended by changing Sections 2 and 4 and by adding Section 17.5 as follows:

(225 ILCS 60/2) (from Ch. 111, par. 4400-2)

(Section scheduled to be repealed on December 31, 2010)

Sec. 2. Definitions. For purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:

1. "Act" means the Medical Practice Act of 1987.

2. "Department" means the Department of Professional Regulation.

3. "Director" means the Director of Professional Regulation.

4. "Disciplinary Action" means revocation, suspension, probation, supervision, practice modification, reprimand, required education, fines or any other action taken by the Department against a person holding a license.

5. "Disciplinary Board" means the Medical Disciplinary Board.

6. "Final Determination" means the governing body's final action taken under the procedure followed by a health care institution, or professional association or society, against any person licensed under the Act in accordance with the bylaws or rules and regulations of such health care institution, or professional association or society.

7. "Fund" means the Medical Disciplinary Fund.

8. "Impaired" means the inability to practice medicine with reasonable skill and safety due to physical or mental disabilities as evidenced by a written determination or written consent based on clinical evidence including deterioration through the aging process or loss of motor skill, or abuse of drugs or alcohol, of sufficient degree to diminish a person's ability to deliver competent patient care.

9. "Licensing Board" means the Medical Licensing Board.

10. "Physician" means a person licensed under the Medical Practice Act to practice medicine in all of its branches or a chiropractic physician licensed to treat human ailments without the use of drugs and without operative surgery.

10.5 "Pre-residency training" means a training program within a specialty area that is (i) approved by the graduate medical education committee, (ii) limited to assisting hospital faculty members or residents during patient treatment, and (iii) for persons who are not licensed to practice medicine in all of its branches.

11. "Professional Association" means an association or society of persons licensed under this Act, and operating within the State of Illinois, including but not limited to, medical societies, osteopathic organizations, and chiropractic organizations, but this term shall not be deemed to include hospital medical staffs.

12. "Program of Care, Counseling, or Treatment" means a written schedule of organized treatment, care, counseling, activities, or education, satisfactory to the Disciplinary Board, designed for the purpose of restoring an impaired person to a condition whereby the impaired person can practice medicine with reasonable skill and safety of a sufficient degree to deliver competent patient care.

(Source: P.A. 85-1209; 85-1245; 85-1440.)

(225 ILCS 60/4) (from Ch. 111, par. 4400-4)

(Section scheduled to be repealed on December 31, 2010)

Sec. 4. Exemptions.

(a) This Act does not apply to the following:

(1) persons lawfully carrying on their particular profession or business under any valid existing regulatory Act of this State;

(2) persons rendering gratuitous services in cases of emergency;

(3) persons treating human ailments by prayer or spiritual means as an exercise or enjoyment of religious freedom; or

(4) (blank). persons practicing the specified occupations set forth in in subsection (a) of, and pursuant to a licensing exemption granted in subsection (b) or (d) of, Section 2105-350 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, but only for so long as the 2016 Olympic and Paralympic Games Professional Licensure Exemption Law is operable.

(b) (Blank).

(Source: P.A. 96-7, eff. 4-3-09.)

(225 ILCS 60/17.5 new)

(Section scheduled to be repealed on December 31, 2010)

Sec. 17.5. Pre-residency permit. Persons holding the degree of Doctor of Medicine, persons holding the degree of Doctor of Osteopathy or Doctor of Osteopathic Medicine, persons holding the degree of Doctor of Chiropractic, and persons who have satisfied the requirements therefor and are eligible to receive such degree from a medical, osteopathic, or chiropractic school, who wish to pursue programs of graduate or specialty training in this State, may receive without examination, in the discretion of the Department, a 3-year pre-residency permit. In order to receive a 3-year pre-residency permit hereunder, an applicant shall furnish satisfactory proof to the Department that the applicant:

(A) Is of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities which would constitute grounds for discipline under this Act. The Department may also request the applicant to submit, and may consider as evidence of moral character, endorsements from 2 or 3 individuals licensed under this Act;

(B) Has been accepted or appointed for pre-residency training by a hospital situated in this State or a pre-residency training program in hospitals or facilities maintained by the State of Illinois or affiliated training facilities which is approved by the Department for the purpose of such training under this Act. The applicant shall indicate the beginning and ending dates of the period for which the applicant has been accepted or appointed;

(C) Has or will satisfy the professional education requirements of Section 11 of this Act which are effective at the date of application except for postgraduate clinical training; and

(D) Is physically, mentally, and professionally capable of practicing medicine or treating human ailments without the use of drugs or operative surgery with reasonable judgment, skill, and safety.

In determining physical, mental, and professional capacity under this Section, the Medical Licensing Board may, upon a showing of a possible incapacity, compel an applicant to submit to a mental or physical examination, or both, and may condition or restrict any pre-residency permit, subject to the same terms and conditions as are provided for the Medical Disciplinary Board under Section 22 of this Act. Any such condition of restricted pre-residency permit shall provide that the Chief Medical Coordinator or Deputy Medical Coordinator shall have the authority to review the subject physician's compliance with such conditions or restrictions, including, where appropriate, the physician's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records of patients.

Three-year pre-residency permits issued pursuant to this Section shall be valid only for the period of time designated therein, and may be extended or renewed pursuant to the rules of the Department, and if a pre-residency permit is thereafter extended, it shall not extend beyond completion of the pre-residency program. The holder of a valid 3-year pre-residency permit shall be entitled thereby to perform only such acts as may be prescribed by and incidental to his or her program of pre-residency training; he or she shall not be entitled to otherwise engage in the practice of medicine in this State unless fully licensed in this State.

A 3-year pre-residency permit may be revoked by the Department upon proof that the holder thereof has engaged in the practice of medicine in this State outside of his or her pre-residency program, or if the holder shall fail to supply the Department, within 10 days after its request, with information as to his or her current status and activities in his or her pre-residency training program.".