Administrative Procedure Act. (e) Upon request by the Department after a mandatory report has been filed with the Department, an attorney for any party seeking to recover damages for injuries or death by reason of medical, hospital, or other healing art malpractice shall provide patient records related to the physician involved in the disciplinary proceeding to the Department within 30 days of the Department's request for use by the Department in any disciplinary matter under this Act. (C) The Disciplinary Board shall annually elect one of its voting members as chairperson and one as vice chairperson. 4400-21) (Section scheduled to be repealed on December 31, 2015) Sec. Candidates for the degree of doctor of medicine, doctor of osteopathy, or doctor of osteopathic medicine enrolled in a medical or osteopathic college, accredited by the Liaison Committee on Medical Education or the Commission on Osteopathic College Accreditation of the American Osteopathic Association or its successor, may practice under the direct, on-premises supervision of a physician who is licensed to practice medicine in all its branches in Illinois and who is a member of the faculty of an accredited medical or osteopathic college. 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. 96-1482, eff. 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. rule, or regulation to the contrary, no person holding a limited license to
(225 ILCS 60/22) (from Ch. "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. applicant is qualified for licensure. (Source: P.A. 22. maintains a professional medical practice in this State and has responsibility
(11) The fee for a roster of persons licensed as. 12-30-14.). 85-4. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. Application. This document shall be retained as a permanent record by the Disciplinary Board and the Secretary. 24. With respect to labor and delivery, the collaborating physician must provide delivery services in order to participate with a certified nurse midwife. No person or entity whose license or permit has been revoked as authorized in this Act may apply for restoration of that license or permit until such time as provided for in the Civil Administrative Code of Illinois. 97-622, eff. ), (225 ILCS 60/49.5) (Section scheduled to be repealed on December 31, 2015) Sec. The Department shall, at least 14 days prior to the date set for the hearing, notify in writing any person who filed a complaint against the accused of the time and place for the hearing of the charges against the accused before the Disciplinary Board and inform such person whether he or she may provide testimony at the hearing. 7-1-11; 97-1150, eff. 140 East Front Street. The summary reports shall be made available to the public upon request and payment of the fees set by the Department. 1-1-12; 97-622, eff. 4400-23) (Section scheduled to be repealed on December 31, 2015) Sec. The Licensing Board may consider the following criteria, as they relate to an applicant, as part of its determination of professional capacity: (1) Medical research in an established research. Sexually Transmissible Disease Control Act. (b) The labeling requirements set forth in subsection (a) shall not apply to drugs or medicines in a package which bears a label of the manufacturer containing information describing its contents which is in compliance with requirements of the Federal Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act. Visiting professor, physician, or resident permits. 111, par. Application for license. active license to practice medicine and surgery in this State may convert that
Get free summaries of new opinions delivered to your inbox! 11-23-11; 98-3, eff. 4400-59) (Section scheduled to be repealed on December 31, 2015) Sec. 96-608, eff. (B) Members of the Licensing Board shall be appointed for terms of 4 years, and until their successors are appointed and qualified. advance thereof as shall be necessary for the implementation of this act. required under the Parental Notice of Abortion Act of 1995. (Source: P.A. Section, an individual 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. 111, par. 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. 11-23-11; 98-1140, eff. No officer shall be elected more than twice in succession to the same office. 1. 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 Licensing Board for review and comment. Exemption from civil liability for medical services in a free clinic is as provided in the Good Samaritan Act. 4. (3) Professional liability insurers. At any time after the successful completion of a term of probation, suspension, or revocation of a license, the Department may restore the license to the licensee, unless after an investigation and a hearing, the Secretary determines that restoration is not in the public interest. It may take into account, among other things: the extent to which the applicant will bring unique experience and skills to the State of Illinois or the extent to which there is or is not available to the Department authentic and definitive information concerning the quality of medical education and clinical training which the applicant has had. Any individual or organization acting in good faith, and not in a wilful and wanton manner, in complying with this Act by providing any report or other information to the Disciplinary Board or a peer review committee, or assisting in the investigation or preparation of such information, or by voluntarily reporting to the Disciplinary Board or a peer review committee information regarding alleged errors or negligence by a person licensed under this Act, or by participating in proceedings of the Disciplinary Board or a peer review committee, or by serving as a member of the Disciplinary Board or a peer review committee, shall not, as a result of such actions, be subject to criminal prosecution or civil damages. statement from the employing agency or institution stating that the applicant
11-23-11. Report of violations; medical associations. a limited license to practice medicine and surgery, unless the board determines
h. Any person holding an
(e) Nothing in this Section shall be construed to authorize a chiropractic physician to prescribe drugs. (D) (Blank). Nothing contained in this Section shall act to in any way, waive or modify the confidentiality of medical reports and committee reports to the extent provided by law. 85-4. Any person who receives a waiver of fees for a limited
Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. P.L.1997, c.365 and supplementing Title 45 of the Revised Statutes. (Source: P.A. 57. 31. (e) Nothing contained in this Section prohibits the granting of a security interest in the accounts receivable or fees of a licensee under this Act or the licensee's practice for bona fide advances made to the licensee or licensee's practice provided the licensee retains control and responsibility for the collection of the accounts receivable and fees. Sec. This Act does not apply to the following: (1) persons lawfully carrying on their particular. (Source: P.A. If the accused person orders and pays for a transcript of the record as provided in Section 39, the time elapsing thereafter and before such transcript is ready for delivery to them shall not be counted as part of such 20 days. 111, par. (a) The Disciplinary Board shall present to the Secretary a written report of its findings and recommendations. 43. 4400-43) (Section scheduled to be repealed on December 31, 2015) Sec. Legislature as this bill), and practicing under the scope of that license, shall
(E) Deliberations of Disciplinary Board. 111, par. Services. 4400-47) (Section scheduled to be repealed on December 31, 2015) Sec. capable of practicing medicine with reasonable judgment, skill, and safety. 111, par. (17) Prescribing, selling, administering. Proceedings under this paragraph shall be in addition to, and not in lieu of, all other remedies and penalties provided for by this Section. A copy of such report shall be served upon the accused person, either personally or by registered or certified mail. (225 ILCS 60/2) (from Ch. Purdue also admitted it conspired to violate the federal Anti-Kickback Statute. This Act shall be known and may be cited as the Medical Practice Act of 1987. If the applicant has not
(2) Effective January 1, 1988, for applications. The Secretary shall then have 30 days to accept the Disciplinary Board's decision or request further investigation. (8) Practicing under a false or, except as provided, (9) Fraud or misrepresentation in applying for, or. ), (225 ILCS 60/32) Sec. medical license, an applicant must submit to the board an application and fee
the requirements of s.501(c)(3) of the Internal Revenue Code, which agencies or
98-601, eff. (5) Methods of communication are available with the. their skill or the efficacy or value of the medicine, treatment, or remedy prescribed by them at their direction in the treatment of any disease or other condition of the body or mind. Any person who violates for the first time Section 49, 50, 51, 52, 53, 54, 55, or 56 of this Act is guilty of a Class 4 felony. 97-358, eff. ), (225 ILCS 60/23) (from Ch. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Disciplinary Board, or by authorized staff as provided by rules of the Disciplinary Board. Any person who holds themselves out to treat human ailments by any system or method of treatment other than that for which they hold a valid license shall be sentenced as provided in Section 59. Appropriate rules shall be adopted by the Department with the approval of the Disciplinary Board. chief executive officer of any association or society, of persons licensed under this Act, operating within this State shall report to the Disciplinary Board when the association or society renders a final determination that a person has committed unprofessional conduct related directly to patient care or that a person may be mentally or physically disabled in such a manner as to endanger patients under that person's care. ), (225 ILCS 60/52) (from Ch. 111, par. 11-23-11. No member of the Licensing Board may be appointed to more than 2 successive 4 year terms. 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 chiropractic physician licensed to practice in Illinois and possessing the degree of doctor of chiropractic. "Reinstate" means to change the status of a license from inactive or nonrenewed status to active status. registrant after having his or her license placed on probationary status or subjected to conditions or restrictions violated the terms of the probation or failed to comply with such terms or conditions. The Secretary shall have the authority to appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action to suspend, revoke, place on probationary status, or take any other disciplinary action with regard to a license. 11-23-11. Temporary license. Such guidelines and orders and the patient services provided thereunder are periodically reviewed by the collaborating physician. $500,000. ), establish by regulation,
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, active 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. (10) Making a false or misleading statement regarding. 27. 111, par. 4400-22) (Section scheduled to be repealed on December 31, 2015) Sec. of Medical Prosecutions regarding action to be taken on a complaint file. (H) If any such person violates the provisions of this Section an action may be brought in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, for an order enjoining such violation or for an order enforcing compliance with this Section. 90-99, eff. Thank you for visiting our website. 1-1-96; 89-607, eff. violation of this section is subject to disciplinary action and civil
4400-31) Section 31. (D) That if the applicant seeks to practice medicine, (1) if the applicant was licensed in another, jurisdiction prior to January 1, 1988, that the applicant has satisfied the educational requirements of paragraph (1) of subsection (A) or paragraph (2) of subsection (A) of Section 11 of this Act; or, (2) if the applicant was licensed in another, jurisdiction after December 31, 1987, that the applicant has satisfied the educational requirements of paragraph (A)(2) of Section 11 of this Act; and, (3) the requirements for a license to practice. 4400-17) (Section scheduled to be repealed on December 31, 2015) Sec. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. The Department may, in its discretion, issue a license by endorsement to any person who is currently licensed to practice medicine in all of its branches, or a chiropractic physician, in any other state, territory, country or province, upon the following conditions and submitting evidence satisfactory to the Department of the following: (A) (Blank); (B) That the applicant is of good moral character. 4400-46) (Section scheduled to be repealed on December 31, 2015) Sec. after consultation with the Department of Health and statewide medical
97-622, eff. (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. (Repealed). demonstrates incapacity or incompetence to practice under this Act. (F) Each member, and member-officer, of the Disciplinary Board shall receive a per diem stipend as the Secretary shall determine. ), (225 ILCS 60/16) (from Ch. The hearing officer shall have full authority to conduct the hearing. (Source: P.A. Information and documents disclosed to the Department of Public Health may be used by that Department only for investigation and disciplinary action regarding the license of a health care institution licensed by the Department of Public Health. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Licensing Board and the orders of the Department constitute the record of the proceedings. ), (225 ILCS 60/8) (from Ch. If the process has not been completed within 3 years, the application shall be denied, the fees shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. Nursing Act of 1987, the Medical Practice Act of 1987, the Illinois Dental Practice Act, the School Code, the Acupuncture Practice Act, the Illinois Optometric Practice Act of 1987, the Illinois Physical Therapy Act, the Physician Assistants Practice Act of 1987, the Podiatric Medical Practice Act of 1987, the Clinical Psychologist ), (225 ILCS 60/29) (from Ch. 25. (7) The fee for the issuance of a duplicate license. at a medical or osteopathic college located outside the United States, its territories, or Canada, that the applicant, in addition to satisfying the requirements of subparagraph (a), except for the awarding of a degree, has completed all of the formal requirements of a foreign medical school except internship and social service and has submitted an application to a medical college accredited by the Liaison Committee on Medical Education and submitted to such evaluation procedures, including use of nationally recognized medical student tests or tests devised by the individual medical college, and that the applicant has satisfactorily completed one academic year of supervised clinical training under the direction of such medical college; and, in addition thereto, has completed 24 months of postgraduate clinical training, as approved by the Department, and has complied with any other standards established by rule. When the Department has received written reports concerning incidents required to be reported in items (34), (35), and (36) of subsection (A) of Section 22, the licensee's failure to report the incident to the Department under those items shall not be the sole grounds for disciplinary action. This information shall include without limitation (i) a statement from the dean of the medical school at which the applicant will be employed describing the applicant's qualifications and (ii) a statement from the dean of the medical school listing every affiliated institution in which the applicant will be providing instruction as part of the medical school's education program and justifying any clinical activities at each of the institutions listed by the dean. (A) Renewal. (5 ILCS 80), has conducted a review of the Illinois Medical Practice Act of 1987 (225 ILCS 60), which is scheduled to sunset on January 1, 2020. No proceedings to revoke or suspend any license shall abate by reason of the passage of this Act. Most of these states require the consent or notification of only one parent, usually 24 or 48 hours before the procedure, but a handful of states require the involvement of both parents. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. 4400-20) (Section scheduled to be repealed on December 31, 2015) Sec. 85-1209. deterioration through the aging process, or loss of motor skill which results in a physician's inability to practice under this Act with reasonable judgment, skill or safety. (D) Indemnification. be made to the Department, in writing, on forms prescribed by the Department and shall be accompanied by the required fee established by rule, which shall not be refundable. under this Act in the practice of a profession licensed under this Act. (1) Applicants for any examination shall be required. spiritual means as an exercise or enjoyment of religious freedom. In all proceedings hereunder the court, in its discretion, may apportion the costs among the parties interested in the suit, including cost of filing complaint, service of process, witness fees and expenses, court reporter charges and reasonable attorneys fees. Any person licensed under this Act who dispenses any drug or medicine shall dispense such drug or medicine in good faith and shall affix to the box, bottle, vessel or package containing the same a label indicating (1) the date on which such drug or medicine is dispensed; (2) the name of the patient; (3) the last name of the person dispensing such drug or medicine; (4) the directions for use thereof; and (5) the proprietary name or names or, if there are none, the established name or names of the drug or medicine, the dosage and quantity, except as otherwise authorized by regulation of the Department. The application and all
The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. final action taken against them by another licensing jurisdiction (any other state or any territory of the United States or any foreign state or country), by any peer review body, by any health care institution, by any professional society or association related to practice under this Act, by any governmental agency, by any law enforcement agency, or by any court for acts or conduct similar to acts or conduct which would constitute grounds for action as defined in this Section. (Source: P.A. 44002) (Section scheduled to be repealed on January 1, 2007) Sec. 111, par. For the practice of. limited license to practice medicine and surgery shall practice only in the
institutions meeting the requirements of section 501(c)(3) of the Internal
111, par. licensure fees shall be waived. (b) Nothing contained in this Section abrogates the right of 2 or more licensed health care workers as defined in the Health Care Worker Self-referral Act to each receive adequate compensation for concurrently rendering services to a patient and to divide the fee for such service, provided that the patient has full knowledge of the division and the division is made in proportion to the actual services personally performed and responsibility assumed by each licensee consistent with his or her license, except as prohibited by law. 4400-10) (Section scheduled to be repealed on December 31, 2015) Sec. Medical Nutrition Equity Act of 2017. (d) The Disciplinary Board, upon a determination that probable cause exists that a violation of one or more of the grounds for discipline listed in Section 22 has occurred or is occurring on the business premises of a physician licensed under this Act, may issue an order authorizing an appropriately qualified investigator employed by the Department to enter upon the business premises with due consideration for patient care of the subject of the investigation so as to inspect the physical premises and equipment and furnishings therein. Any person who obtains a fee, either directly or indirectly, either in money or in value, or in the form of a financial profit either as personal compensation or as compensation, charge, profit or gain for an employer, or any other person or persons, on the representation that they can permanently cure a manifestly incurable condition of sickness, disease or injury of any person, shall be sentenced as provided in Section 59. (Source: P.A. investigators or representatives, relevant information, legally requested by the Department after consultation with the Chief Medical Coordinator or the Deputy Medical Coordinator. Any such review of individual patients' records shall be conducted by the Disciplinary Board in strict confidentiality, provided that such patient records shall be admissible in a disciplinary hearing, before the Disciplinary Board, when necessary to substantiate the grounds for discipline alleged against the physician licensed under this Act, and provided further, that nothing herein shall be deemed to supersede the provisions of Part 21 of Article VIII of the "Code of Civil Procedure", as now or hereafter amended, to the extent applicable. 111, par. 4400-5) (Section scheduled to be repealed on December 31, 2015) Sec. 85-4. (New section) There is
c. The recipient of a
The written collaborative agreement shall be for services the collaborating physician generally provides or may provide in his or her clinical medical practice. In the event of the settlement of any claim or cause of action in favor of the claimant or the reduction to final judgment of any civil action in favor of the plaintiff, such claim, cause of action or civil action being grounded on the allegation that a person licensed under this Act was negligent in providing care, the Department shall have an additional period of 2 years from the date of notification to the Department under Section 23 of this Act of such settlement or final judgment in which to investigate and commence formal disciplinary proceedings under Section 36 of this Act, except as otherwise provided by law. 111, par. ), (225 ILCS 60/36) (from Ch. (G) Any violation of this Section shall be a Class A misdemeanor. The temporary visiting physician permit may be issued multiple times to a visiting physician under this paragraph (3) as long as the total number of days it is active do not exceed 180 days within a 365-day period. physicians. 89-702, eff. 1-1-12; 98-1140, eff. international public health programs or organizations. Liability exclusion; free medical clinic. privileges have been denied. (30) Wilfully or negligently violating the. When law enforcement sought to interview individuals at Cosentino's counseling practice about Cosentino's conduct, Cosentino tried to persuade at least one employee to cover up her billing practices and to lie to law enforcement. (Source: P.A. (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 $10,000 for each offense as determined by the Department.
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