TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1285 MEDICAL PRACTICE ACT OF 1987 SECTION 1285.90 TEMPORARY LICENSES
Section 1285.90 Temporary Licenses
a) To allow for timely processing, an application for a Temporary License to pursue postgraduate clinical training shall be filed at least 60 days prior to the commencement date of the training.
b) An applicant for a Temporary License shall file an application with the Division together with:
1) Proof that the applicant is of good moral character and has not engaged in any conduct or activities that would constitute grounds for discipline under Section 22 of the Act. Applications of individuals who answer affirmatively to any question on the personal history portion of the application or who have engaged in activities that would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further review as provided in Section 22 of the Act;
2) Proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved by the Division, pursuant to the provisions of Section 1285.40;
3) An official transcript or official transcript and certification of graduation from the medical education program granting the degree verifying that the applicant has met the minimum education requirements of the Act;
4) An official transcript verifying completion of at least 2 years of undergraduate education as required by Section 1285.20(a) and proof of valid ECFMG certification or proof of completion of a Fifth Pathway Program as set forth in Section 1285.20(c) for those applicants who are applying under Section 11(A)(2)(a)(i) of the Act;
5) An original, notarized English translation for any document submitted to the Division in a foreign language. The translation must be on the translator's letterhead, and the translator must verify that it is "a complete and accurate translation" to the best of the translator's knowledge, and that translator is fluent in the language translated, and is qualified to translate the document;
6) Proof of professional capacity, as set forth in Section 1285.95, for applicants who have not been enrolled in a program of medical education or engaged in the active practice of medicine within 5 years prior to application; and
7) The fee required by Section 21 of the Act.
c) If an applicant for temporary licensure has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc. (FSMB), the applicant may request the FSMB to forward a Physician Information Profile to the Division that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), postgraduate clinical training and complete examination information. The information contained in the applicant's Profile shall be reviewed by the Division to determine if the applicant meets the requirements for licensure as set forth in the Act and in Section 1285.90(b)(3), (4), and (5).
d) If the application is approved pursuant to Section 17 of the Act and this Section, the Temporary License shall be kept in the care and custody of the hospital. Any person not licensed to practice medicine in all of its branches in the State of Illinois who is enrolled in a postgraduate clinical training program shall have had a Temporary License issued on his/her behalf to a program that is approved pursuant to the provisions of Section 1285.40 prior to the commencement of the training.
e) Commencement of the postgraduate clinical training program prior to the issuance of a Temporary License shall be construed as the unlicensed practice of medicine.
f) A Temporary License shall be issued for a maximum of three years as provided in this Section. In no event shall a Temporary License be issued for any purpose other than a postgraduate clinical training program required for licensure under the Act.
g) No more than one Temporary License shall be issued to any person for the same period of time.
h) If a resident or fellow is terminated or resigns from a postgraduate clinical training program prior to its completion, the program director must notify the Division in writing immediately and describe the specific reasons why the resident was terminated or resigned.
i) A Temporary License may be transferred from one program to another within the initial 3 year period upon receipt by the Division of a new application and payment of a $20 fee along with proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved pursuant to the provisions of Section 1285.40. The program director must provide a letter to the Division describing the specific reasons why the applicant transferred programs. Requests for transfers shall be filed with the Division at least 60 days prior to the commencement date of the new program.
j) The Division shall allow a 14-day extension of the Temporary License beyond the 3-year period without filing an extension application. In order to extend beyond the 14-day period, a new application shall be filed with the Division that contains:
1) Proof that the applicant has been accepted for a resident or fellow position in a postgraduate clinical training program that is approved pursuant to the provisions of Section 1285.40;
2) A letter from the program director describing the specific reasons why an extension of temporary licensure is required; and
3) The required fee; $230 for a 3-year Extension of Temporary License; $165 for a 2-year Extension of Temporary License; or $100 for a 1-year Extension of Temporary License.
k) The Division shall issue a Limited Temporary License for no more than 6 months on behalf of individuals who apply, and submit evidence that:
1) The applicant is enrolled in a postgraduate clinical training program located in another state that meets the requirements of Section 1285.40;
2) The applicant has been accepted for a specific period of time to perform, under supervision, a portion of the clinical training at a postgraduate clinical training program in the State of Illinois that is approved pursuant to the provisions of Section 1285.40;
3) The approved postgraduate clinical training program in Illinois has assumed supervisory responsibility for the individual during the period specified on the application; and
4) The $100 fee.
l) A Limited Temporary License may be extended when an applicant who was previously granted a Limited Temporary License submits a new application and $100 fee to the Division that satisfies all of the requirements as set forth in Section 1285.90(k).
m) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Medical Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:
1) Provide information as may be necessary; and/or
2) Appear for an interview before the Medical Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.
n) Any individual who participates in any portion of a postgraduate clinical training program without a Temporary License, a Limited Temporary License, or a license to practice medicine in all of its branches issued by the Division shall be considered to be involved in the unlicensed practice of medicine.
(Source: Amended at 48 Ill. Reg. 18129, effective December 13, 2024) |