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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 002 ] |
90_SB1491eng
225 ILCS 46/20
Amends the Health Care Worker Background Check Act by making
a technical change.
SRS90SB0077PDge
SB1491 Engrossed SRS90SB0077PDge
1 AN ACT to amend the Medical Practice Act of 1987 by
2 adding Section 9.7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Medical Practice Act of 1987 is amended
6 by adding Section 9.7 and changing Section 19 as follows:
7 (225 ILCS 60/9.7 new)
8 Sec. 9.7. Criminal background check. The Department
9 shall require an applicant for a license under Section 19 of
10 this Act to undergo a criminal background check. The
11 Department shall adopt rules to implement this Section.
12 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
13 Sec. 19. Licensure without examination. The Department
14 may, in its discretion, issue a license without examination
15 to any person who is currently licensed to practice medicine
16 in all of its branches, or to practice the treatment of human
17 ailments without the use of drugs or operative surgery, in
18 any other state, territory, country or province, upon the
19 following conditions:
20 (A) (Blank);
21 (B) That the applicant is of good moral character.
22 In determining moral character under this Section, the
23 Department may take into consideration whether the
24 applicant has engaged in conduct or activities which
25 would constitute grounds for discipline under this Act.
26 The Department may also request the applicant to submit,
27 and may consider as evidence of moral character,
28 endorsements from 2 or 3 individuals licensed under this
29 Act;
30 (C) That the applicant is physically, mentally and
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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 Medical Licensing Board may, upon a showing
5 of a possible incapacity, compel an applicant to submit
6 to a mental or physical examination, or both, and may
7 condition or restrict any license, subject to the same
8 terms and conditions as are provided for the Medical
9 Disciplinary Board under Section 22 of this Act. The
10 Medical Licensing Board or the Department may order the
11 examining physician to present testimony concerning this
12 mental or physical examination of the applicant. No
13 information shall be excluded by reason of any common law
14 or statutory privilege relating to communications between
15 the applicant and the examining physician. Any condition
16 of restricted license shall provide that the Chief
17 Medical Coordinator or Deputy Medical Coordinator shall
18 have the authority to review the subject physician's
19 compliance with such conditions or restrictions,
20 including, where appropriate, the physician's record of
21 treatment and counseling regarding the impairment, to the
22 extent permitted by applicable federal statutes and
23 regulations safeguarding the confidentiality of medical
24 records of patients.
25 (D) That if the applicant seeks to practice
26 medicine in all of its branches:
27 (1) if the applicant was licensed in another
28 jurisdiction prior to January 1, 1988, that the
29 applicant has satisfied the educational requirements
30 of paragraph (1) of subsection (A) or paragraph (2)
31 of subsection (A) of Section 11 of this Act; or
32 (2) if the applicant was licensed in another
33 jurisdiction after December 31, 1987, that the
34 applicant has satisfied the educational requirements
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1 of paragraph (A)(2) of Section 11 of this Act; and
2 (3) the requirements for a license to practice
3 medicine in all of its branches in the particular
4 state, territory, country or province in which the
5 applicant is licensed are deemed by the Department
6 to have been substantially equivalent to the
7 requirements for a license to practice medicine in
8 all of its branches in force in this State at the
9 date of the applicant's license;
10 (E) That if the applicant seeks to treat human
11 ailments without the use of drugs and without operative
12 surgery:
13 (1) the applicant is a graduate of a
14 chiropractic school or college approved by the
15 Department at the time of their graduation;
16 (2) the requirements for the applicant's
17 license to practice the treatment of human ailments
18 without the use of drugs are deemed by the
19 Department to have been substantially equivalent to
20 the requirements for a license to practice in this
21 State at the date of the applicant's license;
22 (F) That the Department may, in its discretion,
23 issue a license, without examination, to any graduate of
24 a medical or osteopathic college, reputable and in good
25 standing in the judgment of the Department, who has
26 passed an examination for admission to the United States
27 Public Health Service, or who has passed any other
28 examination deemed by the Department to have been at
29 least equal in all substantial respects to the
30 examination required for admission to any such medical
31 corps;
32 (G) That applications for licenses without
33 examination shall be filed with the Department, under
34 oath, on forms prepared and furnished by the Department,
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1 and shall set forth, and applicants therefor shall supply
2 such information respecting the life, education,
3 professional practice, and moral character of applicants
4 as the Department may require to be filed for its use;.
5 (H) That the applicant undergo the criminal
6 background check established under Section 9.7 of this
7 Act.
8 In the exercise of its discretion under this Section, the
9 Department is empowered to consider and evaluate each
10 applicant on an individual basis. It may take into account,
11 among other things, the extent to which there is or is not
12 available to the Department, authentic and definitive
13 information concerning the quality of medical education and
14 clinical training which the applicant has had. Under no
15 circumstances shall a license be issued under the provisions
16 of this Section to any person who has previously taken and
17 failed the written examination conducted by the Department
18 for such license. In determining moral character, the
19 Department may take into consideration whether the applicant
20 has engaged in conduct or activities which would constitute
21 grounds for discipline under this Act. The Department may
22 also request the applicant to submit, and may consider as
23 evidence of moral character, evidence from 2 or 3 individuals
24 licensed under this Act. Applicants have 3 years from the
25 date of application to complete the application process. If
26 the process has not been completed within 3 years, the
27 application shall be denied, the fees shall be forfeited, and
28 the applicant must reapply and meet the requirements in
29 effect at the time of reapplication.
30 (Source: P.A. 89-702, eff. 7-1-97.)