Public Act 90-0054 of the 90th General Assembly
Public Act 90-0054
HB1572 Enrolled LRB9003254JSmb
AN ACT to amend the Medical Practice Act of 1987 by
changing Section 17.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Medical Practice Act of 1987 is amended
by changing Section 17 as follows:
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Text of Section before amendment by P.A. 89-702)
Sec. 17. Persons holding the degree of Doctor of
Medicine, and persons holding the degree of Doctor of
Osteopathy, and persons holding the degree of Doctor of
Chiropractic or persons who have satisfied the requirements
therefor and are eligible to receive such degree from a
medical, or osteopathic, or chiropractic school, who wish to
pursue programs of graduate or specialty training in this
State, may receive without examination, in the discretion of
the Department, a 3-year temporary license. In order to
receive a 3-year temporary license hereunder, an applicant
shall furnish satisfactory proof to the Department that the
applicant:
(A) Is of good moral character. In determining moral
character under this Section, the Department may take into
consideration whether the applicant has engaged in conduct or
activities which would constitute grounds for discipline
under this Act. The Department may also request the
applicant to submit, and may consider as evidence of moral
character, endorsements from 2 or 3 individuals licensed
under this Act;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or a
training program in hospitals or facilities maintained by the
State of Illinois or affiliated training facilities which is
approved by the Department for the purpose of such training
under this Act. The applicant shall indicate the beginning
and ending dates of the period for which the applicant has
been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective at
the date of application except for postgraduate clinical
training;
(D) Is physically, mentally, and professionally capable
of practicing medicine or treating human ailments without the
use of drugs or operative surgery with reasonable judgment,
skill, and safety. In determining physical, mental and
professional capacity under this Section, the Medical
Licensing Board may, upon a showing of a possible incapacity,
compel an applicant to submit to a mental or physical
examination, or both, and may condition or restrict any
temporary 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 restricted
temporary 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.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts
as may be prescribed by and incidental to their program of
residency training; they shall not be entitled to otherwise
engage in the practice of medicine in this State unless fully
licensed in this State.
A 3-year temporary license may be revoked by the
Department upon proof that the holder thereof has engaged in
the practice of medicine in this State outside of the program
of their residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to their current status and
activities in their specialty training program.
Any person holding a valid 2-year temporary certificate
of registration granted by the Department prior to the
effective date of this Act shall continue to hold such
license for one year beyond the date of the expiration
designated therein, and their certificate may be extended or
renewed pursuant to the rules of the Department and if a
temporary certificate of registration is thereafter extended,
it shall not extend beyond the completion of the residency
program.
(Source: P.A. 85-1209.)
(Text of Section after amendment by P.A. 89-702)
Sec. 17. Temporary license. Persons holding the degree
of Doctor of Medicine, and persons holding the degree of
Doctor of Osteopathy or Doctor of Osteopathic Medicine, and
persons holding the degree of Doctor of Chiropractic or
persons who have satisfied the requirements therefor and are
eligible to receive such degree from a medical, or
osteopathic, or chiropractic school, who wish to pursue
programs of graduate or specialty training in this State, may
receive without examination, in the discretion of the
Department, a 3-year temporary license. In order to receive
a 3-year temporary license hereunder, an applicant shall
furnish satisfactory proof to the Department that the
applicant:
(A) Is of good moral character. In determining
moral character under this Section, the Department may
take into consideration whether the applicant has engaged
in conduct or activities which would constitute grounds
for discipline under this Act. The Department may also
request the applicant to submit, and may consider as
evidence of moral character, endorsements from 2 or 3
individuals licensed under this Act;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State
or a training program in hospitals or facilities
maintained by the State of Illinois or affiliated
training facilities which is approved by the Department
for the purpose of such training under this Act. The
applicant shall indicate the beginning and ending dates
of the period for which the applicant has been accepted
or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are
effective at the date of application except for
postgraduate clinical training;
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs or operative surgery with
reasonable judgment, skill, and safety. In determining
physical, mental and professional capacity under this
Section, the Medical Licensing Board may, upon a showing
of a possible incapacity, compel an applicant to submit
to a mental or physical examination, or both, and may
condition or restrict any temporary 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 restricted temporary 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.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts
as may be prescribed by and incidental to their program of
residency training; they shall not be entitled to otherwise
engage in the practice of medicine in this State unless fully
licensed in this State.
A 3-year temporary license may be revoked by the
Department upon proof that the holder thereof has engaged in
the practice of medicine in this State outside of the program
of their residency or specialty training, or if the holder
shall fail to supply the Department, within 10 days of its
request, with information as to their current status and
activities in their specialty training program.
(Source: P.A. 89-702, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.