(225 ILCS 60/1)(from Ch. 111, par. 4400‑1) (Section scheduled to be repealed on December 31, 2010) Sec. 1. This Act shall be known and may be cited as the Medical Practice Act of 1987. (Source: P.A. 85‑4.)
(225 ILCS 60/2)(from Ch. 111, par. 4400‑2) (Section scheduled to be repealed on December 31, 2010) Sec. 2.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. 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 60/3)(from Ch. 111, par. 4400‑3) (Section scheduled to be repealed on December 31, 2010) Sec. 3. Licensure requirement. No person shall practice medicine, or any of its branches, or treat human ailments without the use of drugs and without operative surgery, without a valid, existing license to do so, except that a physician who holds an active license in another state or a second year resident enrolled in a residency program accredited by the Liaison Committee on Graduate Medical Education or the Bureau of Professional Education of the American Osteopathic Association may provide medical services to patients in Illinois during a bonafide emergency in immediate preparation for or during interstate transit. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/3.5) (Section scheduled to be repealed on December 31, 2010) Sec. 3.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89‑474, eff. 6‑18‑96.)
(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) 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 60/5)(from Ch. 111, par. 4400‑5) (Section scheduled to be repealed on December 31, 2010) Sec. 5. Because the candid and conscientious evaluation of clinical practices is essential to the provision of adequate health care, it is the policy of this State to encourage peer review by health care providers. Therefore, while serving upon any committee whose purpose, directly or indirectly, is internal quality control or medical study to reduce morbidity or mortality, or for improving patient care or physician services within a hospital duly licensed under the Hospital Licensing Act, or within a professional association of persons licensed under this Act, or the improving or benefiting of patient care and treatment whether within a hospital or not, or for the purpose of professional discipline, any person serving on such committee, and any person providing service to such committees, shall not be liable for civil damages as a result of their acts, omissions, decisions, or any other conduct in connection with their duties on such committees, except those involving wilful or wanton misconduct. Information considered shall be afforded the same status as is information concerning medical studies by Part 21 of Article VIII of the "Code of Civil Procedure", as now or hereafter amended. (Source: P.A. 85‑1209.)
(225 ILCS 60/6)(from Ch. 111, par. 4400‑6) (Section scheduled to be repealed on December 31, 2010) Sec. 6. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. (Source: P.A. 85‑4.)
(225 ILCS 60/7)(from Ch. 111, par. 4400‑7) (Section scheduled to be repealed on December 31, 2010) Sec. 7. Medical Disciplinary Board. (A) There is hereby created the Illinois State Medical Disciplinary Board (hereinafter referred to as the "Disciplinary Board"). The Disciplinary Board shall consist of 11 members, to be appointed by the Governor by and with the advice and consent of the Senate. All members shall be residents of the State, not more than 6 of whom shall be members of the same political party. All members shall be voting members. Five members shall be physicians licensed to practice medicine in all of its branches in Illinois possessing the degree of doctor of medicine, and it shall be the goal that at least one of the members practice in the field of neurosurgery, one of the members practice in the field of obstetrics and gynecology, and one of the members practice in the field of cardiology. One member shall be a physician licensed to practice in Illinois possessing the degree of doctor of osteopathy or osteopathic medicine. One member shall be a physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Four members shall be members of the public, who shall not be engaged in any way, directly or indirectly, as providers of health care. (B) Members of the Disciplinary Board shall be appointed for terms of 4 years. Upon the expiration of the term of any member, their successor shall be appointed for a term of 4 years by the Governor by and with the advice and consent of the Senate. The Governor shall fill any vacancy for the remainder of the unexpired term by and with the advice and consent of the Senate. Upon recommendation of the Board, any member of the Disciplinary Board may be removed by the Governor for misfeasance, malfeasance, or wilful neglect of duty, after notice, and a public hearing, unless such notice and hearing shall be expressly waived in writing. Each member shall serve on the Disciplinary Board until their successor is appointed and qualified. No member of the Disciplinary Board shall serve more than 2 consecutive 4 year terms. In making appointments the Governor shall attempt to insure that the various social and geographic regions of the State of Illinois are properly represented. In making the designation of persons to act for the several professions represented on the Disciplinary Board, the Governor shall give due consideration to recommendations by members of the respective professions and by organizations therein. (C) The Disciplinary Board shall annually elect one of its voting members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (D) (Blank). (E) Six voting members of the Disciplinary Board, at least 4 of whom are physicians, shall constitute a quorum. A vacancy in the membership of the Disciplinary Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Disciplinary Board. Any action taken by the Disciplinary Board under this Act may be authorized by resolution at any regular or special meeting and each such resolution shall take effect immediately. The Disciplinary Board shall meet at least quarterly. The Disciplinary Board is empowered to adopt all rules and regulations necessary and incident to the powers granted to it under this Act. (F) Each member, and member‑officer, of the Disciplinary Board shall receive a per diem stipend as the Secretary of the Department, hereinafter referred to as the Secretary, shall determine. The Secretary shall also determine the per diem stipend that each ex‑officio member shall receive. Each member shall be paid their necessary expenses while engaged in the performance of their duties. (G) The Secretary shall select a Chief Medical Coordinator and not less than 2 Deputy Medical Coordinators who shall not be members of the Disciplinary Board. Each medical coordinator shall be a physician licensed to practice medicine in all of its branches, and the Secretary shall set their rates of compensation. The Secretary shall assign at least one medical coordinator to a region composed of Cook County and such other counties as the Secretary may deem appropriate, and such medical coordinator or coordinators shall locate their office in Chicago. The Secretary shall assign at least one medical coordinator to a region composed of the balance of counties in the State, and such medical coordinator or coordinators shall locate their office in Springfield. Each medical coordinator shall be the chief enforcement officer of this Act in his or her assigned region and shall serve at the will of the Disciplinary Board. The Secretary shall employ, in conformity with the Personnel Code, not less than one full time investigator for every 2,500 physicians licensed in the State. Each investigator shall be a college graduate with at least 2 years' investigative experience or one year advanced medical education. Upon the written request of the Disciplinary Board, the Secretary shall employ, in conformity with the Personnel Code, such other professional, technical, investigative, and clerical help, either on a full or part‑time basis as the Disciplinary Board deems necessary for the proper performance of its duties. (H) Upon the specific request of the Disciplinary Board, signed by either the chairman, vice chairman, or a medical coordinator of the Disciplinary Board, the Department of Human Services or the Department of State Police shall make available any and all information that they have in their possession regarding a particular case then under investigation by the Disciplinary Board. (I) Members of the Disciplinary Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Disciplinary Board. (J) The Disciplinary Board may compile and establish a statewide roster of physicians and other medical professionals, including the several medical specialties, of such physicians and medical professionals, who have agreed to serve from time to time as advisors to the medical coordinators. Such advisors shall assist the medical coordinators or the Disciplinary Board in their investigations and participation in complaints against physicians. Such advisors shall serve under contract and shall be reimbursed at a reasonable rate for the services provided, plus reasonable expenses incurred. While serving in this capacity, the advisor, for any act undertaken in good faith and in the conduct of their duties under this Section, shall be immune from civil suit. (Source: P.A. 93‑138, eff. 7‑10‑03; 94‑677, eff. 8‑25‑05.)
(225 ILCS 60/7.5) (Section scheduled to be repealed on December 31, 2010) Sec. 7.5. Complaint Committee. (a) There shall be a Complaint Committee of the Disciplinary Board composed of at least one of the medical coordinators established by subsection (g) of Section 7 of this Act, the Chief of Medical Investigations (person employed by the Department who is in charge of investigating complaints against physicians and physician assistants), and at least 3 voting members of the Disciplinary Board (at least 2 of whom shall be physicians) designated by the Chairman of the Medical Disciplinary Board with the approval of the Disciplinary Board. The Disciplinary Board members so appointed shall serve one‑year terms and may be eligible for reappointment for subsequent terms. (b) The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c) below. At least 2 members of the Disciplinary Board shall be in attendance in order for any business to be transacted by the Complaint Committee. The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each item on its agenda. (c) The Complaint Committee shall have the following duties and functions: (1) To recommend to the Disciplinary Board that a
complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions (person employed by the Department who is in charge of prosecuting formal complaints against licensees) for review.
(3) To make a decision in conjunction with the Chief
of Medical Prosecutions regarding action to be taken on a complaint file.
(d) In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider, but not be limited to, the following factors: sufficiency of the evidence presented, prosecutorial merit under Section 22 of this Act, and insufficient cooperation from complaining parties. (Source: P.A. 93‑214, eff. 1‑1‑04.)
(225 ILCS 60/8)(from Ch. 111, par. 4400‑8) (Section scheduled to be repealed on December 31, 2010) Sec. 8. Medical Licensing Board. (A) There is hereby created a Medical Licensing Board (hereinafter referred to as the "Licensing Board"). The Licensing Board shall be composed of 7 members, to be appointed by the Governor by and with the advice and consent of the Senate; 5 of whom shall be reputable physicians licensed to practice medicine in all of its branches in Illinois, possessing the degree of doctor of medicine; one member shall be a reputable physician licensed in Illinois to practice medicine in all of its branches, possessing the degree of doctor of osteopathy or osteopathic medicine; and one member shall be a reputable physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Of the 5 members holding the degree of doctor of medicine, one shall be a full‑time or part‑time teacher of professorial rank in the clinical department of an Illinois school of medicine. (B) Members of the Licensing Board shall be appointed for terms of 4 years, and until their successors are appointed and qualified. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. No more than 4 members of the Licensing Board shall be members of the same political party and all members shall be residents of this State. No member of the Licensing Board may be appointed to more than 2 successive 4 year terms. This limitation shall only apply to individuals appointed to the Licensing Board after the effective date of this Act. (C) Members of the Licensing Board shall be immune from suit in any action based upon any licensing proceedings or other acts performed in good faith as members of the Licensing Board. (D) (Blank). (E) The Licensing Board shall annually elect one of its members as chairperson and one as vice chairperson. No member shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (F) None of the functions, powers or duties of the Department with respect to policies regarding licensure and examination under this Act, including the promulgation of such rules as may be necessary for the administration of this Act, shall be exercised by the Department except upon review of the Licensing Board. (G) The Licensing Board shall receive the same compensation as the members of the Medical Disciplinary Board, which compensation shall be paid out of the Illinois State Medical Disciplinary Fund. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/8.1) (Section scheduled to be repealed on December 31, 2010) Sec. 8.1. Matters concerning advanced practice nurses. Any proposed rules, amendments, second notice materials and adopted rule or amendment materials, and policy statements concerning advanced practice nurses shall be presented to the Medical Licensing Board for review and comment. The recommendations of both the Board of Nursing and the Medical Licensing Board shall be presented to the Secretary for consideration in making final decisions. Whenever the Board of Nursing and the Medical Licensing Board disagree on a proposed rule or policy, the Secretary shall convene a joint meeting of the officers of each Board to discuss the resolution of any such disagreements. (Source: P.A. 95‑639, eff. 10‑5‑07.)
(225 ILCS 60/9)(from Ch. 111, par. 4400‑9) (Section scheduled to be repealed on December 31, 2010) Sec. 9. Application for license. Each applicant for a license shall: (A) Make application on blank forms prepared and
furnished by the Department of Professional Regulation hereinafter referred to as the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) 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;
(2) has the preliminary and professional
education required by this Act;
(3) (blank); and (4) is physically, mentally, and professionally
capable of practicing medicine 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 any applicant to submit to a mental or physical examination, or both. The Licensing Board may condition or restrict any license, 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 a restricted license 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.
In determining professional capacity under this
Section any individual who has not been actively engaged in the practice of medicine or as a medical, osteopathic, or chiropractic student or who has not been engaged in a formal program of medical education during the 2 years immediately preceding their application may be required to complete such additional testing, training, or remedial education as the Licensing Board may deem necessary in order to establish the applicant's present capacity to practice medicine with reasonable judgment, skill, and safety.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of which the applicant is a graduate and the category under which the applicant seeks, and will undertake, to practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass
an examination authorized by the Department to determine the applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been completed within 3 years, the application shall be denied, application fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(225 ILCS 60/9.5) (Section scheduled to be repealed on December 31, 2010) Sec. 9.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number. (Source: P.A. 90‑144, eff. 7‑23‑97.)
(225 ILCS 60/9.7) (Section scheduled to be repealed on December 31, 2010) Sec. 9.7. Criminal background check. The Department shall require an applicant for a license under Section 19 of this Act to undergo a criminal background check. The Department shall adopt rules to implement this Section. (Source: P.A. 90‑722, eff. 1‑1‑99.)
(225 ILCS 60/10)(from Ch. 111, par. 4400‑10) (Section scheduled to be repealed on December 31, 2010) Sec. 10. The Department shall: (A) Make rules for establishing reasonable minimum standards of educational requirements to be observed by medical, osteopathic and chiropractic colleges; (B) Effectuate the policy of the State of Illinois that the quality of medical training is an appropriate concern in the recruiting, licensing, credentialing and participation in residency programs of physicians. However, it is inappropriate to discriminate against any physician because of national origin or geographic location of medical education; (C) Formulate rules and regulations required for the administration of this Act. (Source: P.A. 86‑573.)
(225 ILCS 60/11)(from Ch. 111, par. 4400‑11) (Section scheduled to be repealed on December 31, 2010) Sec. 11. Minimum education standards. The minimum standards of professional education to be enforced by the Department in conducting examinations and issuing licenses shall be as follows: (A) Practice of medicine. For the practice of
medicine in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United States, its territories or Canada, that the applicant has completed a 2 year course of instruction in a college of liberal arts, or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department or by a private, not for profit accrediting body approved by the Department, and in addition thereto, a course of postgraduate clinical training of not less than 12 months as approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the United States, its territories or Canada, and that the degree conferred is officially recognized by the country for the purposes of licensure, that the applicant has completed a 2 year course of instruction in a college of liberal arts or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department, which course shall ha
(225 ILCS 60/1)(from Ch. 111, par. 4400‑1) (Section scheduled to be repealed on December 31, 2010) Sec. 1. This Act shall be known and may be cited as the Medical Practice Act of 1987. (Source: P.A. 85‑4.)
(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. 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 60/3)(from Ch. 111, par. 4400‑3) (Section scheduled to be repealed on December 31, 2010) Sec. 3. Licensure requirement. No person shall practice medicine, or any of its branches, or treat human ailments without the use of drugs and without operative surgery, without a valid, existing license to do so, except that a physician who holds an active license in another state or a second year resident enrolled in a residency program accredited by the Liaison Committee on Graduate Medical Education or the Bureau of Professional Education of the American Osteopathic Association may provide medical services to patients in Illinois during a bonafide emergency in immediate preparation for or during interstate transit. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/3.5) (Section scheduled to be repealed on December 31, 2010) Sec. 3.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89‑474, eff. 6‑18‑96.)
(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) 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 60/5)(from Ch. 111, par. 4400‑5) (Section scheduled to be repealed on December 31, 2010) Sec. 5. Because the candid and conscientious evaluation of clinical practices is essential to the provision of adequate health care, it is the policy of this State to encourage peer review by health care providers. Therefore, while serving upon any committee whose purpose, directly or indirectly, is internal quality control or medical study to reduce morbidity or mortality, or for improving patient care or physician services within a hospital duly licensed under the Hospital Licensing Act, or within a professional association of persons licensed under this Act, or the improving or benefiting of patient care and treatment whether within a hospital or not, or for the purpose of professional discipline, any person serving on such committee, and any person providing service to such committees, shall not be liable for civil damages as a result of their acts, omissions, decisions, or any other conduct in connection with their duties on such committees, except those involving wilful or wanton misconduct. Information considered shall be afforded the same status as is information concerning medical studies by Part 21 of Article VIII of the "Code of Civil Procedure", as now or hereafter amended. (Source: P.A. 85‑1209.)
(225 ILCS 60/6)(from Ch. 111, par. 4400‑6) (Section scheduled to be repealed on December 31, 2010) Sec. 6. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. (Source: P.A. 85‑4.)
(225 ILCS 60/7)(from Ch. 111, par. 4400‑7) (Section scheduled to be repealed on December 31, 2010) Sec. 7. Medical Disciplinary Board. (A) There is hereby created the Illinois State Medical Disciplinary Board (hereinafter referred to as the "Disciplinary Board"). The Disciplinary Board shall consist of 11 members, to be appointed by the Governor by and with the advice and consent of the Senate. All members shall be residents of the State, not more than 6 of whom shall be members of the same political party. All members shall be voting members. Five members shall be physicians licensed to practice medicine in all of its branches in Illinois possessing the degree of doctor of medicine, and it shall be the goal that at least one of the members practice in the field of neurosurgery, one of the members practice in the field of obstetrics and gynecology, and one of the members practice in the field of cardiology. One member shall be a physician licensed to practice in Illinois possessing the degree of doctor of osteopathy or osteopathic medicine. One member shall be a physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Four members shall be members of the public, who shall not be engaged in any way, directly or indirectly, as providers of health care. (B) Members of the Disciplinary Board shall be appointed for terms of 4 years. Upon the expiration of the term of any member, their successor shall be appointed for a term of 4 years by the Governor by and with the advice and consent of the Senate. The Governor shall fill any vacancy for the remainder of the unexpired term by and with the advice and consent of the Senate. Upon recommendation of the Board, any member of the Disciplinary Board may be removed by the Governor for misfeasance, malfeasance, or wilful neglect of duty, after notice, and a public hearing, unless such notice and hearing shall be expressly waived in writing. Each member shall serve on the Disciplinary Board until their successor is appointed and qualified. No member of the Disciplinary Board shall serve more than 2 consecutive 4 year terms. In making appointments the Governor shall attempt to insure that the various social and geographic regions of the State of Illinois are properly represented. In making the designation of persons to act for the several professions represented on the Disciplinary Board, the Governor shall give due consideration to recommendations by members of the respective professions and by organizations therein. (C) The Disciplinary Board shall annually elect one of its voting members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (D) (Blank). (E) Six voting members of the Disciplinary Board, at least 4 of whom are physicians, shall constitute a quorum. A vacancy in the membership of the Disciplinary Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Disciplinary Board. Any action taken by the Disciplinary Board under this Act may be authorized by resolution at any regular or special meeting and each such resolution shall take effect immediately. The Disciplinary Board shall meet at least quarterly. The Disciplinary Board is empowered to adopt all rules and regulations necessary and incident to the powers granted to it under this Act. (F) Each member, and member‑officer, of the Disciplinary Board shall receive a per diem stipend as the Secretary of the Department, hereinafter referred to as the Secretary, shall determine. The Secretary shall also determine the per diem stipend that each ex‑officio member shall receive. Each member shall be paid their necessary expenses while engaged in the performance of their duties. (G) The Secretary shall select a Chief Medical Coordinator and not less than 2 Deputy Medical Coordinators who shall not be members of the Disciplinary Board. Each medical coordinator shall be a physician licensed to practice medicine in all of its branches, and the Secretary shall set their rates of compensation. The Secretary shall assign at least one medical coordinator to a region composed of Cook County and such other counties as the Secretary may deem appropriate, and such medical coordinator or coordinators shall locate their office in Chicago. The Secretary shall assign at least one medical coordinator to a region composed of the balance of counties in the State, and such medical coordinator or coordinators shall locate their office in Springfield. Each medical coordinator shall be the chief enforcement officer of this Act in his or her assigned region and shall serve at the will of the Disciplinary Board. The Secretary shall employ, in conformity with the Personnel Code, not less than one full time investigator for every 2,500 physicians licensed in the State. Each investigator shall be a college graduate with at least 2 years' investigative experience or one year advanced medical education. Upon the written request of the Disciplinary Board, the Secretary shall employ, in conformity with the Personnel Code, such other professional, technical, investigative, and clerical help, either on a full or part‑time basis as the Disciplinary Board deems necessary for the proper performance of its duties. (H) Upon the specific request of the Disciplinary Board, signed by either the chairman, vice chairman, or a medical coordinator of the Disciplinary Board, the Department of Human Services or the Department of State Police shall make available any and all information that they have in their possession regarding a particular case then under investigation by the Disciplinary Board. (I) Members of the Disciplinary Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Disciplinary Board. (J) The Disciplinary Board may compile and establish a statewide roster of physicians and other medical professionals, including the several medical specialties, of such physicians and medical professionals, who have agreed to serve from time to time as advisors to the medical coordinators. Such advisors shall assist the medical coordinators or the Disciplinary Board in their investigations and participation in complaints against physicians. Such advisors shall serve under contract and shall be reimbursed at a reasonable rate for the services provided, plus reasonable expenses incurred. While serving in this capacity, the advisor, for any act undertaken in good faith and in the conduct of their duties under this Section, shall be immune from civil suit. (Source: P.A. 93‑138, eff. 7‑10‑03; 94‑677, eff. 8‑25‑05.)
(225 ILCS 60/7.5) (Section scheduled to be repealed on December 31, 2010) Sec. 7.5. Complaint Committee. (a) There shall be a Complaint Committee of the Disciplinary Board composed of at least one of the medical coordinators established by subsection (g) of Section 7 of this Act, the Chief of Medical Investigations (person employed by the Department who is in charge of investigating complaints against physicians and physician assistants), and at least 3 voting members of the Disciplinary Board (at least 2 of whom shall be physicians) designated by the Chairman of the Medical Disciplinary Board with the approval of the Disciplinary Board. The Disciplinary Board members so appointed shall serve one‑year terms and may be eligible for reappointment for subsequent terms. (b) The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c) below. At least 2 members of the Disciplinary Board shall be in attendance in order for any business to be transacted by the Complaint Committee. The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each item on its agenda. (c) The Complaint Committee shall have the following duties and functions: (1) To recommend to the Disciplinary Board that a
complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions (person employed by the Department who is in charge of prosecuting formal complaints against licensees) for review.
(3) To make a decision in conjunction with the Chief
of Medical Prosecutions regarding action to be taken on a complaint file.
(d) In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider, but not be limited to, the following factors: sufficiency of the evidence presented, prosecutorial merit under Section 22 of this Act, and insufficient cooperation from complaining parties. (Source: P.A. 93‑214, eff. 1‑1‑04.)
(225 ILCS 60/8)(from Ch. 111, par. 4400‑8) (Section scheduled to be repealed on December 31, 2010) Sec. 8. Medical Licensing Board. (A) There is hereby created a Medical Licensing Board (hereinafter referred to as the "Licensing Board"). The Licensing Board shall be composed of 7 members, to be appointed by the Governor by and with the advice and consent of the Senate; 5 of whom shall be reputable physicians licensed to practice medicine in all of its branches in Illinois, possessing the degree of doctor of medicine; one member shall be a reputable physician licensed in Illinois to practice medicine in all of its branches, possessing the degree of doctor of osteopathy or osteopathic medicine; and one member shall be a reputable physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Of the 5 members holding the degree of doctor of medicine, one shall be a full‑time or part‑time teacher of professorial rank in the clinical department of an Illinois school of medicine. (B) Members of the Licensing Board shall be appointed for terms of 4 years, and until their successors are appointed and qualified. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. No more than 4 members of the Licensing Board shall be members of the same political party and all members shall be residents of this State. No member of the Licensing Board may be appointed to more than 2 successive 4 year terms. This limitation shall only apply to individuals appointed to the Licensing Board after the effective date of this Act. (C) Members of the Licensing Board shall be immune from suit in any action based upon any licensing proceedings or other acts performed in good faith as members of the Licensing Board. (D) (Blank). (E) The Licensing Board shall annually elect one of its members as chairperson and one as vice chairperson. No member shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (F) None of the functions, powers or duties of the Department with respect to policies regarding licensure and examination under this Act, including the promulgation of such rules as may be necessary for the administration of this Act, shall be exercised by the Department except upon review of the Licensing Board. (G) The Licensing Board shall receive the same compensation as the members of the Medical Disciplinary Board, which compensation shall be paid out of the Illinois State Medical Disciplinary Fund. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/8.1) (Section scheduled to be repealed on December 31, 2010) Sec. 8.1. Matters concerning advanced practice nurses. Any proposed rules, amendments, second notice materials and adopted rule or amendment materials, and policy statements concerning advanced practice nurses shall be presented to the Medical Licensing Board for review and comment. The recommendations of both the Board of Nursing and the Medical Licensing Board shall be presented to the Secretary for consideration in making final decisions. Whenever the Board of Nursing and the Medical Licensing Board disagree on a proposed rule or policy, the Secretary shall convene a joint meeting of the officers of each Board to discuss the resolution of any such disagreements. (Source: P.A. 95‑639, eff. 10‑5‑07.)
(225 ILCS 60/9)(from Ch. 111, par. 4400‑9) (Section scheduled to be repealed on December 31, 2010) Sec. 9. Application for license. Each applicant for a license shall: (A) Make application on blank forms prepared and
furnished by the Department of Professional Regulation hereinafter referred to as the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) 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;
(2) has the preliminary and professional
education required by this Act;
(3) (blank); and (4) is physically, mentally, and professionally
capable of practicing medicine 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 any applicant to submit to a mental or physical examination, or both. The Licensing Board may condition or restrict any license, 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 a restricted license 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.
In determining professional capacity under this
Section any individual who has not been actively engaged in the practice of medicine or as a medical, osteopathic, or chiropractic student or who has not been engaged in a formal program of medical education during the 2 years immediately preceding their application may be required to complete such additional testing, training, or remedial education as the Licensing Board may deem necessary in order to establish the applicant's present capacity to practice medicine with reasonable judgment, skill, and safety.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of which the applicant is a graduate and the category under which the applicant seeks, and will undertake, to practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass
an examination authorized by the Department to determine the applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been completed within 3 years, the application shall be denied, application fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(225 ILCS 60/9.5) (Section scheduled to be repealed on December 31, 2010) Sec. 9.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number. (Source: P.A. 90‑144, eff. 7‑23‑97.)
(225 ILCS 60/9.7) (Section scheduled to be repealed on December 31, 2010) Sec. 9.7. Criminal background check. The Department shall require an applicant for a license under Section 19 of this Act to undergo a criminal background check. The Department shall adopt rules to implement this Section. (Source: P.A. 90‑722, eff. 1‑1‑99.)
(225 ILCS 60/10)(from Ch. 111, par. 4400‑10) (Section scheduled to be repealed on December 31, 2010) Sec. 10. The Department shall: (A) Make rules for establishing reasonable minimum standards of educational requirements to be observed by medical, osteopathic and chiropractic colleges; (B) Effectuate the policy of the State of Illinois that the quality of medical training is an appropriate concern in the recruiting, licensing, credentialing and participation in residency programs of physicians. However, it is inappropriate to discriminate against any physician because of national origin or geographic location of medical education; (C) Formulate rules and regulations required for the administration of this Act. (Source: P.A. 86‑573.)
(225 ILCS 60/11)(from Ch. 111, par. 4400‑11) (Section scheduled to be repealed on December 31, 2010) Sec. 11. Minimum education standards. The minimum standards of professional education to be enforced by the Department in conducting examinations and issuing licenses shall be as follows: (A) Practice of medicine. For the practice of
medicine in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United States, its territories or Canada, that the applicant has completed a 2 year course of instruction in a college of liberal arts, or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department or by a private, not for profit accrediting body approved by the Department, and in addition thereto, a course of postgraduate clinical training of not less than 12 months as approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the United States, its territories or Canada, and that the degree conferred is officially recognized by the country for the purposes of licensure, that the applicant has completed a 2 year course of instruction in a college of liberal arts or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department, which course shall ha
(225 ILCS 60/1)(from Ch. 111, par. 4400‑1) (Section scheduled to be repealed on December 31, 2010) Sec. 1. This Act shall be known and may be cited as the Medical Practice Act of 1987. (Source: P.A. 85‑4.)
(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. 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 60/3)(from Ch. 111, par. 4400‑3) (Section scheduled to be repealed on December 31, 2010) Sec. 3. Licensure requirement. No person shall practice medicine, or any of its branches, or treat human ailments without the use of drugs and without operative surgery, without a valid, existing license to do so, except that a physician who holds an active license in another state or a second year resident enrolled in a residency program accredited by the Liaison Committee on Graduate Medical Education or the Bureau of Professional Education of the American Osteopathic Association may provide medical services to patients in Illinois during a bonafide emergency in immediate preparation for or during interstate transit. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/3.5) (Section scheduled to be repealed on December 31, 2010) Sec. 3.5. Unlicensed practice; violation; civil penalty. (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a physician without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee. (b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. (Source: P.A. 89‑474, eff. 6‑18‑96.)
(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) 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 60/5)(from Ch. 111, par. 4400‑5) (Section scheduled to be repealed on December 31, 2010) Sec. 5. Because the candid and conscientious evaluation of clinical practices is essential to the provision of adequate health care, it is the policy of this State to encourage peer review by health care providers. Therefore, while serving upon any committee whose purpose, directly or indirectly, is internal quality control or medical study to reduce morbidity or mortality, or for improving patient care or physician services within a hospital duly licensed under the Hospital Licensing Act, or within a professional association of persons licensed under this Act, or the improving or benefiting of patient care and treatment whether within a hospital or not, or for the purpose of professional discipline, any person serving on such committee, and any person providing service to such committees, shall not be liable for civil damages as a result of their acts, omissions, decisions, or any other conduct in connection with their duties on such committees, except those involving wilful or wanton misconduct. Information considered shall be afforded the same status as is information concerning medical studies by Part 21 of Article VIII of the "Code of Civil Procedure", as now or hereafter amended. (Source: P.A. 85‑1209.)
(225 ILCS 60/6)(from Ch. 111, par. 4400‑6) (Section scheduled to be repealed on December 31, 2010) Sec. 6. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act. (Source: P.A. 85‑4.)
(225 ILCS 60/7)(from Ch. 111, par. 4400‑7) (Section scheduled to be repealed on December 31, 2010) Sec. 7. Medical Disciplinary Board. (A) There is hereby created the Illinois State Medical Disciplinary Board (hereinafter referred to as the "Disciplinary Board"). The Disciplinary Board shall consist of 11 members, to be appointed by the Governor by and with the advice and consent of the Senate. All members shall be residents of the State, not more than 6 of whom shall be members of the same political party. All members shall be voting members. Five members shall be physicians licensed to practice medicine in all of its branches in Illinois possessing the degree of doctor of medicine, and it shall be the goal that at least one of the members practice in the field of neurosurgery, one of the members practice in the field of obstetrics and gynecology, and one of the members practice in the field of cardiology. One member shall be a physician licensed to practice in Illinois possessing the degree of doctor of osteopathy or osteopathic medicine. One member shall be a physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Four members shall be members of the public, who shall not be engaged in any way, directly or indirectly, as providers of health care. (B) Members of the Disciplinary Board shall be appointed for terms of 4 years. Upon the expiration of the term of any member, their successor shall be appointed for a term of 4 years by the Governor by and with the advice and consent of the Senate. The Governor shall fill any vacancy for the remainder of the unexpired term by and with the advice and consent of the Senate. Upon recommendation of the Board, any member of the Disciplinary Board may be removed by the Governor for misfeasance, malfeasance, or wilful neglect of duty, after notice, and a public hearing, unless such notice and hearing shall be expressly waived in writing. Each member shall serve on the Disciplinary Board until their successor is appointed and qualified. No member of the Disciplinary Board shall serve more than 2 consecutive 4 year terms. In making appointments the Governor shall attempt to insure that the various social and geographic regions of the State of Illinois are properly represented. In making the designation of persons to act for the several professions represented on the Disciplinary Board, the Governor shall give due consideration to recommendations by members of the respective professions and by organizations therein. (C) The Disciplinary Board shall annually elect one of its voting members as chairperson and one as vice chairperson. No officer shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (D) (Blank). (E) Six voting members of the Disciplinary Board, at least 4 of whom are physicians, shall constitute a quorum. A vacancy in the membership of the Disciplinary Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Disciplinary Board. Any action taken by the Disciplinary Board under this Act may be authorized by resolution at any regular or special meeting and each such resolution shall take effect immediately. The Disciplinary Board shall meet at least quarterly. The Disciplinary Board is empowered to adopt all rules and regulations necessary and incident to the powers granted to it under this Act. (F) Each member, and member‑officer, of the Disciplinary Board shall receive a per diem stipend as the Secretary of the Department, hereinafter referred to as the Secretary, shall determine. The Secretary shall also determine the per diem stipend that each ex‑officio member shall receive. Each member shall be paid their necessary expenses while engaged in the performance of their duties. (G) The Secretary shall select a Chief Medical Coordinator and not less than 2 Deputy Medical Coordinators who shall not be members of the Disciplinary Board. Each medical coordinator shall be a physician licensed to practice medicine in all of its branches, and the Secretary shall set their rates of compensation. The Secretary shall assign at least one medical coordinator to a region composed of Cook County and such other counties as the Secretary may deem appropriate, and such medical coordinator or coordinators shall locate their office in Chicago. The Secretary shall assign at least one medical coordinator to a region composed of the balance of counties in the State, and such medical coordinator or coordinators shall locate their office in Springfield. Each medical coordinator shall be the chief enforcement officer of this Act in his or her assigned region and shall serve at the will of the Disciplinary Board. The Secretary shall employ, in conformity with the Personnel Code, not less than one full time investigator for every 2,500 physicians licensed in the State. Each investigator shall be a college graduate with at least 2 years' investigative experience or one year advanced medical education. Upon the written request of the Disciplinary Board, the Secretary shall employ, in conformity with the Personnel Code, such other professional, technical, investigative, and clerical help, either on a full or part‑time basis as the Disciplinary Board deems necessary for the proper performance of its duties. (H) Upon the specific request of the Disciplinary Board, signed by either the chairman, vice chairman, or a medical coordinator of the Disciplinary Board, the Department of Human Services or the Department of State Police shall make available any and all information that they have in their possession regarding a particular case then under investigation by the Disciplinary Board. (I) Members of the Disciplinary Board shall be immune from suit in any action based upon any disciplinary proceedings or other acts performed in good faith as members of the Disciplinary Board. (J) The Disciplinary Board may compile and establish a statewide roster of physicians and other medical professionals, including the several medical specialties, of such physicians and medical professionals, who have agreed to serve from time to time as advisors to the medical coordinators. Such advisors shall assist the medical coordinators or the Disciplinary Board in their investigations and participation in complaints against physicians. Such advisors shall serve under contract and shall be reimbursed at a reasonable rate for the services provided, plus reasonable expenses incurred. While serving in this capacity, the advisor, for any act undertaken in good faith and in the conduct of their duties under this Section, shall be immune from civil suit. (Source: P.A. 93‑138, eff. 7‑10‑03; 94‑677, eff. 8‑25‑05.)
(225 ILCS 60/7.5) (Section scheduled to be repealed on December 31, 2010) Sec. 7.5. Complaint Committee. (a) There shall be a Complaint Committee of the Disciplinary Board composed of at least one of the medical coordinators established by subsection (g) of Section 7 of this Act, the Chief of Medical Investigations (person employed by the Department who is in charge of investigating complaints against physicians and physician assistants), and at least 3 voting members of the Disciplinary Board (at least 2 of whom shall be physicians) designated by the Chairman of the Medical Disciplinary Board with the approval of the Disciplinary Board. The Disciplinary Board members so appointed shall serve one‑year terms and may be eligible for reappointment for subsequent terms. (b) The Complaint Committee shall meet at least twice a month to exercise its functions and duties set forth in subsection (c) below. At least 2 members of the Disciplinary Board shall be in attendance in order for any business to be transacted by the Complaint Committee. The Complaint Committee shall make every effort to consider expeditiously and take prompt action on each item on its agenda. (c) The Complaint Committee shall have the following duties and functions: (1) To recommend to the Disciplinary Board that a
complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions (person employed by the Department who is in charge of prosecuting formal complaints against licensees) for review.
(3) To make a decision in conjunction with the Chief
of Medical Prosecutions regarding action to be taken on a complaint file.
(d) In determining what action to take or whether to proceed with prosecution of a complaint, the Complaint Committee shall consider, but not be limited to, the following factors: sufficiency of the evidence presented, prosecutorial merit under Section 22 of this Act, and insufficient cooperation from complaining parties. (Source: P.A. 93‑214, eff. 1‑1‑04.)
(225 ILCS 60/8)(from Ch. 111, par. 4400‑8) (Section scheduled to be repealed on December 31, 2010) Sec. 8. Medical Licensing Board. (A) There is hereby created a Medical Licensing Board (hereinafter referred to as the "Licensing Board"). The Licensing Board shall be composed of 7 members, to be appointed by the Governor by and with the advice and consent of the Senate; 5 of whom shall be reputable physicians licensed to practice medicine in all of its branches in Illinois, possessing the degree of doctor of medicine; one member shall be a reputable physician licensed in Illinois to practice medicine in all of its branches, possessing the degree of doctor of osteopathy or osteopathic medicine; and one member shall be a reputable physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. Of the 5 members holding the degree of doctor of medicine, one shall be a full‑time or part‑time teacher of professorial rank in the clinical department of an Illinois school of medicine. (B) Members of the Licensing Board shall be appointed for terms of 4 years, and until their successors are appointed and qualified. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. No more than 4 members of the Licensing Board shall be members of the same political party and all members shall be residents of this State. No member of the Licensing Board may be appointed to more than 2 successive 4 year terms. This limitation shall only apply to individuals appointed to the Licensing Board after the effective date of this Act. (C) Members of the Licensing Board shall be immune from suit in any action based upon any licensing proceedings or other acts performed in good faith as members of the Licensing Board. (D) (Blank). (E) The Licensing Board shall annually elect one of its members as chairperson and one as vice chairperson. No member shall be elected more than twice in succession to the same office. Each officer shall serve until their successor has been elected and qualified. (F) None of the functions, powers or duties of the Department with respect to policies regarding licensure and examination under this Act, including the promulgation of such rules as may be necessary for the administration of this Act, shall be exercised by the Department except upon review of the Licensing Board. (G) The Licensing Board shall receive the same compensation as the members of the Medical Disciplinary Board, which compensation shall be paid out of the Illinois State Medical Disciplinary Fund. (Source: P.A. 89‑702, eff. 7‑1‑97.)
(225 ILCS 60/8.1) (Section scheduled to be repealed on December 31, 2010) Sec. 8.1. Matters concerning advanced practice nurses. Any proposed rules, amendments, second notice materials and adopted rule or amendment materials, and policy statements concerning advanced practice nurses shall be presented to the Medical Licensing Board for review and comment. The recommendations of both the Board of Nursing and the Medical Licensing Board shall be presented to the Secretary for consideration in making final decisions. Whenever the Board of Nursing and the Medical Licensing Board disagree on a proposed rule or policy, the Secretary shall convene a joint meeting of the officers of each Board to discuss the resolution of any such disagreements. (Source: P.A. 95‑639, eff. 10‑5‑07.)
(225 ILCS 60/9)(from Ch. 111, par. 4400‑9) (Section scheduled to be repealed on December 31, 2010) Sec. 9. Application for license. Each applicant for a license shall: (A) Make application on blank forms prepared and
furnished by the Department of Professional Regulation hereinafter referred to as the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) 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;
(2) has the preliminary and professional
education required by this Act;
(3) (blank); and (4) is physically, mentally, and professionally
capable of practicing medicine 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 any applicant to submit to a mental or physical examination, or both. The Licensing Board may condition or restrict any license, 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 a restricted license 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.
In determining professional capacity under this
Section any individual who has not been actively engaged in the practice of medicine or as a medical, osteopathic, or chiropractic student or who has not been engaged in a formal program of medical education during the 2 years immediately preceding their application may be required to complete such additional testing, training, or remedial education as the Licensing Board may deem necessary in order to establish the applicant's present capacity to practice medicine with reasonable judgment, skill, and safety.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of which the applicant is a graduate and the category under which the applicant seeks, and will undertake, to practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass
an examination authorized by the Department to determine the applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been completed within 3 years, the application shall be denied, application fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(225 ILCS 60/9.5) (Section scheduled to be repealed on December 31, 2010) Sec. 9.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number. (Source: P.A. 90‑144, eff. 7‑23‑97.)
(225 ILCS 60/9.7) (Section scheduled to be repealed on December 31, 2010) Sec. 9.7. Criminal background check. The Department shall require an applicant for a license under Section 19 of this Act to undergo a criminal background check. The Department shall adopt rules to implement this Section. (Source: P.A. 90‑722, eff. 1‑1‑99.)
(225 ILCS 60/10)(from Ch. 111, par. 4400‑10) (Section scheduled to be repealed on December 31, 2010) Sec. 10. The Department shall: (A) Make rules for establishing reasonable minimum standards of educational requirements to be observed by medical, osteopathic and chiropractic colleges; (B) Effectuate the policy of the State of Illinois that the quality of medical training is an appropriate concern in the recruiting, licensing, credentialing and participation in residency programs of physicians. However, it is inappropriate to discriminate against any physician because of national origin or geographic location of medical education; (C) Formulate rules and regulations required for the administration of this Act. (Source: P.A. 86‑573.)
(225 ILCS 60/11)(from Ch. 111, par. 4400‑11) (Section scheduled to be repealed on December 31, 2010) Sec. 11. Minimum education standards. The minimum standards of professional education to be enforced by the Department in conducting examinations and issuing licenses shall be as follows: (A) Practice of medicine. For the practice of
medicine in all of its branches:
(1) For applications for licensure under
subsection (D) of Section 19 of this Act:
(a) that the applicant is a graduate of a
medical or osteopathic college in the United States, its territories or Canada, that the applicant has completed a 2 year course of instruction in a college of liberal arts, or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department or by a private, not for profit accrediting body approved by the Department, and in addition thereto, a course of postgraduate clinical training of not less than 12 months as approved by the Department; or
(b) that the applicant is a graduate of a
medical or osteopathic college located outside the United States, its territories or Canada, and that the degree conferred is officially recognized by the country for the purposes of licensure, that the applicant has completed a 2 year course of instruction in a college of liberal arts or its equivalent, and a course of instruction in a medical or osteopathic college approved by the Department, which course shall ha
