Volume 31, Issue 27 July 6, 2007 Pages

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i Medical Practice Act of 1987

68 Ill. Adm. Code 1285 ...9333 Veterinary Medicine and Surgery Practice Act of 1994

68 Ill. Adm. Code 1500 ...9356 Certified Veterinary Technicians

68 Ill. Adm. Code 1505 ...9381 HUMAN RIGHTS, DEPARTMENT OF

Procedures of the Department of Human Rights

56 Ill. Adm. Code 2520 ...9393 MILITARY AFFAIRS, DEPARTMENT OF

Illinois Military Family Relief Fund Act

95 Ill. Adm. Code 200 ...9400 NATURAL RESOURCES, DEPARTMENT OF

Special White-Tailed Deer Season For Disease Control

17 Ill. Adm. Code 675 ...9415 ADOPTED RULES

COMMERCE COMMISSION, ILLINOIS Voluntary Binding Arbitration Practice

83 Ill. Adm. Code 202 ...9422 FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF

Managed Care Dental Plans

50 Ill. Adm. Code 5425 ...9445 PUBLIC HEALTH, DEPARTMENT OF

Illinois Home Health, Home Services, and Home Nursing Agency Code

77 Ill. Adm. Code 245 ...9453 SECRETARY OF STATE

Business Corporation Act

14 Ill. Adm. Code 150 ...9469 STUDENT ASSISTANCE COMMISSION, ILLINOIS

General Provisions

23 Ill. Adm. Code 2700 ...9478 Federal Family Education Loan Program (FFELP)

23 Ill. Adm. Code 2720 ...9496 Grant Program for a Child Raised By Grandparent

23 Ill. Adm. Code 2738 ...9504 Nurse Educator Loan Repayment Program

23 Ill. Adm. Code 2758 ...9510 State Scholar Program

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ii COMMERCE COMMISSION, ILLINOIS

Voluntary Binding Arbitration Practice

83 Ill. Adm. Code 202 ...9529 STATEMENT OF WITHDRAWAL OF FILING PROHIBITION OF PROPOSED

RULEMAKING

JOINT COMMITTEE ON ADMINISTRATIVE RULES STATE BOARD OF EDUCATION

Special Education

23 Ill. Adm. Code 226 ...9531 STATEMENT OF OBJECTION AND FILING PROHIBITION TO PROPOSED

RULEMAKING

JOINT COMMITTEE ON ADMINISTRATIVE RULES

CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF Standard Procurement

44 Ill. Adm. Code 1 ...9532 JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA

July Agenda...9533 SECOND NOTICES RECEIVED

Second Notices Received...9537 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE

ILLINOIS REGISTER

LABOR, DEPARTMENT OF

Public Notice of Debarment...9538 REGULATORY AGENDA

DRYCLEANER ENVIRONMENTAL RESPONSE TRUST FUND COUNCIL OF ILLINOIS

General Program

35 Ill. Adm. Code 1500 ...9539 ENVIRONMENTAL PROTECTION AGENCY

Procedures and Criteria for Reviewing Applications for Provisional Variances

35 Ill. Adm. Code 180 ...9542 HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF

Practice in Administrative Hearings

89 Ill. Adm. Code 104 ...9563 HUMAN SERVICES, DEPARTMENT OF

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iii SECRETARY OF STATE

The Illinois State Library, Acquisition Division, Illinois Documents

23 Ill. Adm. Code 3020 ...9601 STATE UNIVERSITIES RETIREMENT SYSTEM OF THE STATE OF ILLINOIS

Making Preliminary Estimated Payments

80 Ill. Adm. Code 1600 ...9649 TRANSPORTATION, DEPARTMENT OF

Roadside Materials

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iv existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and Proclamations issued by the Governor; notices of public information required by State Statute; and activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules adopted by State agencies). The most recent edition of the Code, along with the Register, comprise the most current accounting of State agencies’ rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois Administrative Procedure Act [5 ILCS 100/1-1, et seq.].

2007 REGISTER SCHEDULE VOLUME #31

Issue # Rules Due Date Date of Issue

1 December 26, 2006 January 5, 2007

2 January 2, 2007 January 12, 2007

5 January 22, 2007 February 2, 2007

6 January 29, 2007 February 9, 2007

7 February 5, 2007 February 16, 2007

8 February 13, 2007 February 23, 2007

9 February 20, 2007 March 2, 2007

10 February 26, 2007 March 9, 2007

11 March 5, 2007 March 16, 2007

12 March 12, 2007 March 23, 2007

13 March 19, 2007 March 30, 2007

14 March 26, 2007 April 6, 2007

15 April 2, 2007 April 13, 2007

16 April 9, 2007 April 20, 2007

17 April 16, 2007 April 27, 2007

18 April 23, 2007 May 4, 2007

19 April 30, 2007 May 11, 2007

20 May 7, 2007 May 18, 2007

21 May 14, 2007 May 25, 2007

22 May 21, 2007 June 1, 2007

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v

28 July 2, 2007 July 13, 2007

29 July 9, 2007 July 20, 2007

30 July 16, 2007 July 27, 2007

31 July 23, 2007 August 3, 2007

32 July 30, 2007 August 10, 2007

33 August 6, 2007 August 17, 2007

34 August 13, 2007 August 24, 2007

35 August 20, 2007 August 31, 2007

36 August 27, 2007 September 7, 2007

37 September 4, 2007 September 14, 2007

40 September 24, 2007 October 5, 2007

41 October 1, 2007 October 12, 2007

42 October 9, 2007 October 19, 2007

43 October 15, 2007 October 26, 2007

44 October 22, 2007 November 2, 2007

45 October 29, 2007 November 12, 2007

46 November 5, 2007 November 16, 2007

47 November 12, 2007 November 26, 2007

48 November 19, 2007 December 1, 2006

49 November 26, 2007 December 7, 2007

50 December 3, 2007 December 14, 2007

Editor's Note: This is a reminder that July 2, 2007 is the final day to submit your Agency's Regulatory Agenda for the July 2007 filing period.

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2) Code Citation: 68 Ill. Adm. Code 1285

3) Section Numbers: Proposed Action:

1285.50 Amendment

1285.70 Amendment

1285.80 Amendment

1285.130 Amendment

1285.305 New Section

4) Statutory Authority: Medical Practice Act of 1987 [225 ILCS 60]

5) A Complete Description of the Subjects and Issues Involved: Public Act 94-677 directs the Department to make available to the public a profile of each physician licensed in Illinois; this proposed rulemaking implements this requirement with the addition of Section 285.305.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No

9) Does this rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objectives: This rulemaking has no impact on local governments.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit written comments to:

Department of Financial and Professional Regulation Attention: Craig Cellini

320 West Washington, 3rd Floor Springfield IL 62786

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217/785-0813

Fax #: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will be considered.

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: None

B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: Medical skills are required

for licensure.

14) Regulatory Agenda on which this rulemaking was summarized: January 2007 The full text of the Proposed Amendments begins on the next page :

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CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1285

MEDICAL PRACTICE ACT OF 1987

SUBPART A: MEDICAL LICENSING, RENEWAL AND RESTORATION PROCEDURE

Section

1285.20 Six Year Post-Secondary Programs of Medical Education 1285.30 Programs of Chiropractic Education

1285.40 Approved Postgraduate Clinical Training Programs 1285.50 Application for Examination

1285.60 Examinations

1285.70 Application for a License on the Basis of Examination 1285.80 Licensure by Endorsement

1285.90 Temporary Licenses 1285.91 Visiting Resident Permits

1285.95 Professional Capacity Standards for Applicants Having Graduated More Than 2 Years Prior to Application

1285.100 Visiting Professor Permits 1285.101 Visiting Physician Permits

1285.105 Chiropractic Physician Preceptorship (Repealed) 1285.110 Continuing Medical Education (CME)

1285.120 Renewals

1285.130 Restoration and Inactive Status 1285.140 Granting Variances

SUBPART B: MEDICAL DISCIPLINARY PROCEEDINGS Section

1285.200 Medical Disciplinary Board 1285.205 Complaint Committee 1285.210 The Medical Coordinator 1285.215 Complaint Handling Procedure 1285.220 Informal Conferences

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1285.230 Summary Suspension

1285.235 Mandatory Reporting of Impaired Physicians by Health Care Institutions 1285.240 Standards

1285.245 Advertising

1285.250 Monitoring of Probation and Other Discipline and Notification 1285.255 Rehabilitation

1285.260 Fines

1285.265 Subpoena Process of Medical and Hospital Records 1285.270 Inspection of Physical Premises

1285.275 Failing to Furnish Information

SUBPART C: GENERAL INFORMATION Section

1285.305 Physician Profiles

1285.310 Public Access to Records and Meetings 1285.320 Response to Hospital Inquiries

1285.330 Rules of Evidence

1285.335 Physician Delegation of Authority 1285.340 Anesthesia Services in an Office Setting

AUTHORITY: Implementing the Medical Practice Act of 1987 [225 ILCS 60] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)]. SOURCE: Adopted at 13 Ill. Reg. 483, effective December 29, 1988; emergency amendment at 13 Ill. Reg. 651, effective January 1, 1989, for a maximum of 150 days; emergency expired May 31, 1989; amended at 13 Ill. Reg. 10613, effective June 16, 1989; amended at 13 Ill. Reg. 10925, effective June 21, 1989; emergency amendment at 15 Ill. Reg. 7785, effective April 30, 1991, for a maximum of 150 days; amended at 15 Ill. Reg. 13365, effective September 3, 1991; amended at 15 Ill. Reg. 17724, effective November 26, 1991; amended at 17 Ill. Reg. 17191, effective September 27, 1993; expedited correction at 18 Ill. Reg. 312, effective September 27, 1993; amended at 20 Ill. Reg. 7888, effective May 30, 1996; amended at 22 Ill. Reg. 6985, effective April 6, 1998; amended at 22 Ill. Reg. 10580, effective June 1, 1998; amended at 24 Ill. Reg. 3620, effective February 15, 2000; amended at 24 Ill. Reg. 8348, effective June 5, 2000; amended at 26 Ill. Reg. 7243, effective April 26, 2002; amended at 28 Ill. Reg. 5857, effective March 29, 2004; amended at 29 Ill. Reg. 18823, effective November 4, 2005; amended at 31 Ill. Reg. ______, effective ____________.

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Section 1285.50 Application for Examination

a) An applicant for licensure to practice medicine in all of its branches must make application to the Division or its designated testing service on forms furnished by the Division.

b) Each applicant to take the examination for a license to practice medicine in all of its branches shall submit to the Division:

1) A fully completed application, signed by the applicant, on which all questions have been answered and all programs of medical education attended by the applicant have been identified;

2) Proof that the applicant is of good moral character. Proof shall be an indication on the application that the applicant has not engaged in any conduct or activity 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 investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

3) An official transcript of a course of instruction in a college, university or other institution as required by Section 1285.20(a) of this Part;

4) An official transcript and diploma or official transcript and certification of graduation from the medical education program granting the degree; 5) Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also

submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part and proof of current ECFMG certification set forth in Section 1285.20(k);

6) Proof of successful completion of the United States Medical Licensing Examination (USMLE) Step 1 and 2 in accordance with Section 1285.60

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or combination of examinations set forth in Section 1285.60(a)(4). Examination scores shall be submitted directly to the Division from the testing entity;

7) A complete work history since graduation from medical school; 8)Fees as required by Section 21 of the Act;

89) Proof of satisfactory completion of an approved clinical training program in accordance with Section 1285.40;

910) Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;

1011) A certification from the jurisdiction of original licensure and current licensure stating:

A) The date of issuance and status of the license; and

B) Whether the records of the licensing authority contain any record of disciplinary action taken or pending;.

11) A completed physician profile in accordance with Section 1285.305.

c) If an applicant for examination has a Physician Information Profile (Profile) from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

1) A Physician Information Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information. The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

2) A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been

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3) Proof that the applicant is of good moral character. Proof shall be an indication on the Illinois application that the applicant has not engaged in any conduct or activity 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 investigation and action by the Medical Licensing Board as set out in Section 9(B)(4) of the Act;

5) Individuals applying under Section 11(A)(2)(a)(i) of the Act shall also submit certification, on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part;

7) A complete work history since graduation from medical school; 8)A certification from the jurisdiction of original licensure and current licensure stating:

B) Whether the records of the licensing authority contain any record of disciplinary action taken or pending;

89) Fees as required by Section 21 of the Act.

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1) A candidate may apply for the examination and take the examination given prior to completion of the clinical training required by the Act, provided the applicant:

A) satisfies all of the requirements to take the examination for licensure to practice medicine in all of its branches, except completion of an approved program of clinical training; and B) furnishes a statement from hospital authorities certifying that the

applicant who is applying to sit for the USMLE Step III has completed at least 12 calendar months of the approved program of clinical training, and performance in the training is satisfactory to date.

2) The results of the examination shall be made available to the applicant but no license shall be issued until the Division receives proof of the

applicant's satisfactory completion of the required approved clinical training program.

e) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or training is questioned by the Division or the Medical Licensing 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 Licensing Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1285.70 Application for a License on the Basis of Examination

a) Each applicant for a license to practice medicine in all of its branches on the basis of examination must submit to the Division:

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attended by the applicant have been identified, including dates of attendance;

2) Proof that the applicant is of good moral character. Proof shall be an indication on the application that the applicant 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 investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

4) A complete work history since graduation from medical school;5)Fee as required by Section 21 of the Act;

56) An official transcript and diploma or an official transcript and certification of graduation from the medical education program granting the degree that shall be evidence that the applicant has met the minimum medical

education requirements of the Act;

67) Certification on forms provided by the Division that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part and proof of current ECFMG certification as set forth in Section

1285.20(k) for those applicants who are applying under Section 11(A)(2)(a) of the Act;

78) Proof of satisfactory completion of an approved program of clinical training in accordance with Section 1285.40;

89) Proof of the successful completion of the examination set forth in Section 1285.60. Scores shall be submitted to the Division directly from the testing entity;

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910) A certification from the jurisdiction of original licensure and current licensure stating:

A) The date of issuance of the license; and

1011) Documentation of professional capacity, as set forth in Section 1285.95 of this Part, for applicants who have not been engaged in the active practice of medicine or have not been enrolled in a medical program for 2 years prior to application;.

b) If an applicant for licensure as a physician to practice medicine in all of its

branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

1) A Physician Information Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information. The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

2) A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

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 investigation and

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Act;

7) A complete work history since graduation from medical school;8)A certification from the jurisdiction of original licensure and current licensure stating:

89) Fees as required by Section 21 of the Act;.

c) Proof of Waiver

1) The provisions of subsection (a)(8)(9) shall be waived for a candidate for licensure to practice medicine in all of its branches who makes application satisfactory to the Division under Section 9 of the Act who submits proof of the successful completion of:

A) the National Board of Medical Examiners examination subsequent to January 1, 1964; or

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B) the National Board of Examiners for Osteopathic Physicians and Surgeons examination subsequent to June 1, 1973; or

C) the Federation Licensing Examination (FLEX) in another state obtaining a FLEX weighted average of 75 or more subsequent to June 1, 1968; or

D) the Licentiate of the Medical Council of Canada examination (LMCC) subsequent to May 1, 1970; or

E) The Federation Licensing Examination (FLEX) in another state obtaining a score of 75 or more in each Component in accordance with Section 1285.60 of this Part.

2) Verification of the successful completion of the examinations described in subsection (c)(1) shall show the scores achieved by the applicant on the examination. Scores shall be submitted to the Division directly from the testing entity.

d) Each applicant for a license to practice as a chiropractic physician must submit to the Division:

1) A fully completed application signed by the applicant, on which all questions have been answered and all programs of chiropractic education attended by the applicant have been identified, including dates of

attendance;

2) An official transcript of a course of instruction, prerequisite to

professional training in a college, university or other institution for those applying pursuant to Section 11(B)(2) of the Act;

3) An official transcript and copy of diploma or official transcript and certification of graduation from the education program granting the professional degree; the transcript shall indicate that the applicant has met the minimum chiropractic education requirements of Section 11 of the Act;

4) 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

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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 investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

5) A complete work history since graduation from chiropractic school;6)Fee as required by Section 21 of the Act;

67) Proof of successful completion of Part I, Part II and Part III of the examination pursuant to Section 1285.60(b) forwarded directly to the Division from the National Board of Chiropractic Examiners;

89) Certification from the jurisdiction of original licensure and current licensure stating:

A) The date of issuance of the license; and

B) Whether the records of the licensing authority contain any record of disciplinary action taken or pending;.

e) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or training is questioned by the Division or the Medical Licensing 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:

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relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1285.80 Licensure by Endorsement

a) Each applicant currently licensed in another jurisdiction who applies to the Division for a license to practice medicine in all of its branches on the basis of endorsement must cause to be submitted to the Division:

1) A signed application, on which all questions have been answered and all programs of medical education attended by the applicant have been identified, including dates of attendance;

2) Proof that the applicant is of good moral character. Proof shall be an indication on the application that the applicant 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 Regulatio n for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

4) An official transcript and diploma or official transcript and certification of graduation from the medical education program granting the degree that shall be evidence that the applicant has met the minimum medical education requirements of the Act;

5) Certification on forms provided by the Division, that the core clerkship rotations were completed in accordance with Section 1285.20 of this Part and proof of current ECFMG certification as set forth in Section

1285.20(k) for those applicants who are applying under Section 11(A)(2)(a)(i) of the Act;

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6) An original, notarized English translation for any document submitted to the Division in a foreign language;

7) Certification of postgraduate clinical training in the United States or Canada;

8) Certification from the jurisdiction of original and current licensure stating: A) The date of issuance of the license; and

9) A complete work history since graduation from medical school;10)The fee required by Section 21 of the Act;.

b) If an applicant for licensure as a physician to practice medicine in all of its

branches has a Profile from the Federation Credentials Verification Service of the Federation of State Medical Boards of the United States, Inc., the applicant will be required to submit the following:

1) A Profile that includes, but is not limited to, verification of medical education, ECFMG Certification (if applicable), clinical training and complete examination information. The information contained in the applicant's Profile shall be reviewed by the Division in order to determine if the applicant meets the requirements for licensure as set forth in the Act and this Part;

2) A fully completed Illinois medical application, on forms provided by the Division, signed by the applicant, on which all questions have been answered;

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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 Regulatio n for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

6) A complete work history since graduation from medical school;7)A certification from the jurisdiction of original licensure and current licensure stating:

78) Fees as required by Section 21 of the Act;.

c) In addition to submitting the application required in subsections (a) and (b), each applicant for licensure to practice medicine in all of its branches pursuant to the provisions of Section 19 of the Act upon the basis of having passed a National Board of Medical Examiners Examination prior to January 1, 1964, or having passed a National Board of Examiners for Osteopathic Physicians and Surgeons Examination before June 1, 1973, or having passed the Licentiate of the Medical Council of Canada (LMCC) before May 1, 1970, or having passed the Federation Licensing Examination (FLEX) prior to June 1, 1968, or a State Constructed Examination, shall, subject as hereinafter provided, pass an examination conducted by the Division or its designated testing service to test the clinical competence of the applicant (clinical test). The Division upon recommendation

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under this Section shall be Component 2 of the FLEX prior to December 31, 1993, USMLE Step 3 after January 1, 1994 or the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Special Purpose Examination for the United States of America (COMSPEX-USA) as determined by the Board. 1) To be successful in the Component 2 examination of the FLEX, USMLE

Step 3, SPEX or COMSPEX-USA, applicants must receive a minimum score of 75 or the passing score set by the authorized testing entity. In the case of failure on 3 attempts of the Component 2 examination, USMLE Step 3, SPEX or COMSPEX-USA, or any combination thereof, the application for licensure on the basis of endorsement shall be denied. The individuals may thereafter submit an application for licensure on the basis of examination and, if qualified, take the entire examination referenced in Section 1285.60(a)(1), (2) and (3) of this Part in accordance with the manner described in that Section.

2) The Medical Licensing Board may, in its discretion and in individual cases where the applicable conditions of Section 19 of the Act have been

satisfied, make a recommendation to the Director of the Division (Director) for the waiver of the clinical examination requirement herein provided with respect to any such applicant for a license to practice medicine in all of its branches after full consideration of the quality of his/her medical education and clinical training or practical experience, including, but not limited to, whether the applicant is Board Certified in a specialty, has achieved special honors or awards, has had articles

published in recognized and reputable journals, has written or participated in the writing of textbooks in medicine and any other circumstance or attribute that the Medical Licensing Board accepts as evidence that the applicant has outstanding and proven ability in any branch of medicine. d) Each applicant currently licensed in another jurisdiction who applies to the

Division for a license in Illinois as a chiropractic physician by endorsement must cause to be sent to the Division:

1) A signed application on which all questions have been answered and all programs of chiropractic education attended by the applicant have been identified, including dates of attendance;

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2) An official transcript of the courses of instruction prerequisite to

professional training in a college, university or other institution for those applying pursuant to Section 11(B)(2) of the Act;

3) An official transcript and copy of diploma or official transcript and certification of graduation from the medical education program granting the degree; the transcript shall indicate that the applicant has met the minimum chiropractic education requirements of the Act;

4) Proof that the applicant is of good moral character and has not engaged in any conduct or activities which 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 which would constitute grounds for discipline shall be forwarded to the Enforcement Division of the Division of Professional Regulation for further investigation and action by the Medical Licensing Board as provided in Section 9(B)(4) of the Act;

5) Successful completion of Part I, Part II and Part III of the examination administered by the National Board of Chiropractic Examiners. A) The Medical Licensing Board may, in its discretion and in

individual cases where the applicable conditions of Section 19 of the Act have not been satisfied, make a recommendation to the Director to require an applicant to successfully complete the Special Purposes Exam for Chiropractors (SPEC) or Part III of the examination administered by the National Board of Chiropractic Examiners;

B) The Medical Licensing Board may recommend a waiver of Part III of the examination or the SPEC requirement. In making the

recommendation, the Licensing Board shall consider the quality of the chiropractic education and practical experience, including, but not limited to, whether he/she is Board Certified in a specialty, has achieved special honors or awards, has had articles published in recognized and reputable journals, has written or participated in the writing of textbooks in chiropractic and any other circumstance or attribute which the Medical Licensing Board accepts as evidence

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chiropractic;

6) Certification from the jurisdiction of original and current licensure stating: A) The date of issuance of the license; and

B) Whether the records of the licensing authority contain any record of any disciplinary action taken or pending;

7) A complete work history since graduation from chiropractic school;8)The fee required by Section 21 of the Act;.

e) Pursuant to Section 9.7 of the Act, the Division shall check the criminal background of each endorsement applicant through the Federation of State Medical Boards or Chiropractic Information Network – Board Action Database (CIN-BAD).

f) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or training is questioned by the Division or the Medical Licensing 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:

2) Appear for an interview before the Licensing Board to explain the

relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1285.130 Restoration and Inactive Status

a) A licensee seeking restoration of a license that has been expired for 3 years or less shall have a license restored upon payment of all lapsed renewal fees required by Section 21 of the Act, a completed physician profile in accordance with Section

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1285.305, and proof of completion of 150 hours of continuing education in accordance with Section 1285.110.

b) A licensee seeking restoration of a license that has been placed on inactive status for 3 years or less shall have the license restored upon payment of the current renewal fee, submission of a completed physician profile in accordance with Section 1285.305, and the continuing education requirements for the last renewal period.

c) A licensee seeking restoration of a license after it has been expired or been placed on inactive status for more than 3 years shall file an application, on forms

supplied by the Division, together with the fee required by Section 21 of the Act,

a completed physician profile in accordance with Section 1285.305, and proof of completion of 150 hours of continuing education in accordance with Section 1285.110. The licensee shall also submit one or more of the following:

1) Sworn evidence of active practice in another jurisdiction. That evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice.

2) An affidavit attesting to military service as provided in Section 21 of the Act.

3) Proof of successful completion (evidenced by Certification of Clinical Training) of an approved specialty residency program of at least 12 months in length within 3 years from the date of application.

4) Proof of completion evidenced by Certification of Medical Education of a course of study of at least 960 classroom hours (one academic year) that includes no more than 25 clock hours of basic sciences and 40 clock hours of clinical sciences in a college approved by the Division under the Act within 3 years from the date of application.

5) Successful completion of the Special Purpose Examination (SPEX) or the Comprehensive Osteopathic Medical Variable Purpose Examination for the United States of America (COMVEX-USA) within 3 years prior to the date of application. To be successful an applicant must receive a score of 75 or better.

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6) For individuals applying for a chiropractic license, proof of completion of 960 classroom hours (academic hours) in an accredited chiropractic program within 3 years from the date of application or the Special

Examination for Chiropractic (SPEC) or its equivalent as approved by the Board.

d) When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is reasonably questioned by the Division because of discrepancies or conflicts in information, information needing further clarification, and/or missing information, the licensee seeking restoration of a license will be requested to:

1) provide information as may be necessary; and/or

2) explain the relevance or sufficiency during an oral interview; or

3) appear for an oral interview before the Medical Licensing Board designed to determine the individual's current competency to practice under the Act. Upon the recommendation of the Medical Licensing Board, an applicant shall have his or her license restored.

e) Placement of a license into inactive status does not preclude the Division from proceeding with any action pursuant to Section 22 of the Act.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) SUBPART C: GENERAL INFORMATION Section 1285.305 Physician Profiles

a) The Division shall make available to all physicians as defined in Section 24.1 of

the Act a copy of their physician profile on or before October 1, 2007. Notification and instructions concerning their profile shall be sent to the physician's address of record with the Division. Physicians shall review their profile as it appears on the Division's website, confirm the listed information and input all additional information required as indicated on the website. Any questions or corrections regarding information contained in the profile shall be sent to the Division in writing by the physician.

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b) It is the responsibility of the physician to assure that the information the physician enters into the profile is accurate. Delegation of this task to an employee or designee shall not waive this responsibility.

c) All physicians shall verify and complete their profile on or before January 1, 2008. Failure to comply with this Section shall be considered a violation of the Act and may subject the physician to discipline and/or a fine up to $500.

d) On or about January 1, 2008, the Division shall make available to the public all physician profiles regardless of whether the physician has provided verification of the profile content. The Division shall include the following statement in

boldface type on any profiles when a physician has failed to verify his or her profile: "This physician has not verified the information in this profile."

e) After January 1, 2008, the Division may institute disciplinary proceedings against physicians who have not verified and completed their profile, including but not limited to issuance of a notice advising the physician that the Division will place his or her license in Refuse to Renew status.

f) Refuse to Renew Process

1) After January 1, 2008, the Division may issue, to the physician's address of record with the Division, a Notice of Intent to Refuse to Renew. The notice shall inform the respondent that he or she has 30 days to comply with the requirements of Section 24.1of the Act or to request a hearing.

2) After the expiration of 30 days, the matter will be referred to the Disciplinary Board for consideration.

3) Upon the recommendation of the Disciplinary Board, the Secretary may place the license of any physician who has failed to verify and complete

his or her profile in Refuse to Renew status.

4) Any time prior to entry of the Order of Refuse to Renew, the physician may verify and complete the profile. Upon confirmation that the profile has been updated, the Division will withdraw the pending notice.

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physician may verify and complete the profile and file a petition with the Division requesting that the Order be vacated so that the physician may renew his or her

license. Upon confirmation that the profile has been verified and completed, the Division shall vacate the Order and the physician shall be permitted to renew his or her license.

h) Any physician whose license has been placed in Refuse to Renew status pursuant to this Section may be removed from Refuse to Renew status after the expiration of his or her license by submitting a written Petition to Re new/Restore after verifying and completing his or her profile. The petition shall be accompanied by a $500 fine and proof of completion of all CME required for the previous renewal period. Upon confirmation that the physician's profile has been updated, receipt of the proof of CME and payment of the fine, the Secretary shall issue an order changing the status of the license to Non-renewed status. Physicians shall alsobe required to comply with reinstatement requirements and submit payment of all required renewal fees as required by the Act and this Part.

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1) Heading of the Part: Veterinary Medicine and Surgery Practice Act of 1994 2) Code Citation: 68 Ill. Adm. Code 1500

3) Section Numbers: Proposed Action:

1500.5 Amendment

1500.10 Amendment

1500.11 Amendment

1500.15 Amendment

1500.20 Amendment

1500.25 Amendment

1500.30 Amendment

1500.35 Amendment

1500.45 Amendment

1500.47 Amendment

1500.50 Amendment

1500.51 Amendment

1500.70 Amendment

4) Statutory Authority: Veterinary Medicine and Surgery Practice Act of 2004 [225 ILCS 115]

5) A Complete Description of the Subjects and Issues Involved: Increases the number of hours of continuing education required to renew a license and removes the limitation on self-study courses. In Section 1500.20, specifies that an applicant may not take the licensing examination more than 5 times in a 5-year period. Makes various non-substantive changes, including changing references throughout the entire Part from "Department " to "Division" to reflect the consolidation of agencies into the Department of Financial and Professional Regulation and the creation of the Division of Professional Regulation. Obsolete language is also being removed and other technical changes are being made.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None

7) Will this rulemaking replace any emergency rulemaking currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No

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10) Are there any other proposed rulemakings pending on this Part? No

11) Statement of Statewide Policy Objectives: This rulemaking has no impact on local governments.

12) Time, Place and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit written comments to:

Department of Financial and Professional Regulatio n Attention: Craig Cellini

320 West Washington, 3rd Floor Springfield, IL 62786

217/785-0813 FAX: 217/557-4451

All written comments received within 45 days after this issue of the Illinois Register will be considered.

13) Initial Regulatory Flexibility Analysis:

A) Types of small businesses, small municipalities and not for profit corporations affected: Those providing the services of veterinarians.

B) Reporting, bookkeeping or other procedures required for compliance: None C) Types of professional skills necessary for compliance: Veterinary skills are

required for licensure.

14) Regulatory Agenda on which this rulemaking was summarized: January 2007 The full text of the Proposed Amendments begin on the next page :

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TITLE 68: PROFESSIONS AND OCCUPATIONS

CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1500

VETERINARY MEDICINE AND SURGERY PRACTICE ACT OF 20041994

Section

1500.5 Approved Veterinary Medicine and Surgery Programs

1500.10 Application for Examination by Graduates of Approved Programs 1500.11 Application by Graduates of Unapproved Programs

1500.15 Temporary Permit 1500.20 Examination

1500.25 Continuing Education 1500.30 Endorsement

1500.35 Restoration 1500.45 Renewals 1500.47 Fees

1500.49 Supervision

1500.50 Standards of Professional Conduct

1500.51 Impaired Veterinarian Program of Care, Counseling or Treatment 1500.55 Advertising

1500.60 Conduct of Hearings (Repealed) 1500.65 Annual Report of Board (Repealed) 1500.70 Granting Variances

AUTHORITY: Implementing the Veterinary Medicine and Surgery Practice Act of 2004 [225 ILCS 115] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Rules and Regulations promulgated for the Administration of the Illinois Veterinary Medicine and Surgery Practice Act, effective January 1, 1984; amended at 2 Ill. Reg. 23, p. 13, effective June 10, 1978; codified at 5 Ill. Reg. 11070; amended at 6 Ill. Reg. 2004, effective January 30, 1982; Part repealed, new Part adopted at 9 Ill. Reg. 16327, effective October 10, 1985; amended at 11 Ill. Reg. 20966, effective December 9, 1987; transferred from Chapter I, 68 Ill. Adm. Code 500 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1500 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2982; amended at 13 Ill. Reg. 3826, effective March 10, 1989; amended at 15 Ill. Reg. 16702, effe ctive October 30, 1991; amended at 18 Ill. Reg. 11212, effective June

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15353, effective August 10, 1998; amended at 24 Ill. Reg. 653, effective December 31, 1999; amended at 26 Ill. Reg. 12294, effective July 24, 2002; amended at 28 Ill. Reg. 9621, effective June 28, 2004; amended at 31 Ill. Reg. ______, effective ____________.

Section 1500.5 Approved Veterinary Medicine and Surgery Programs a) Approved Veterinary Medicine and Surgery Programs

1) The Department of Financial and Professional Regulation-Division of

Professional Regulation (Divisionthe Department) shall approve a veterinary medicine and surgery program as reputable and in good standing if it meets the following minimum criteria:

A) The institution is legally recognized and authorized by the jurisdiction in which it is located to confer the Doctor of Veterinary Medicine degree or its equivalent.

B) Has a faculty that consists of a sufficient number of full-time instructors to make certain that the educational obligations to the student are fulfilled. The faculty must have demonstrated

competence in their area of teaching as evidenced by appropriate degrees from reputable professional colleges or institutions. C) Has a curriculum of at least 4 academic years, including at least the

following subject areas, as applied to the various species of animals:

Anatomy Anesthesiology

Applied Clinical Training Clinical Chemistry Epidemiology

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Food Quality and Safety General and Special Pathology Immunology

Internal Medicine Microbiology Nutrition Parasitology Pharmacology Physiology

Preventive Medicine Professional Ethics Radiology

Surgery and Obstetrics

D) Accepts only persons who have graduated from accredited high schools or who have obtained equivalent education through such programs as the General Education Development Examination, and have successfully completed at least 2 years of pre-veterinary collegiate training in an accredited college or university. E) Maintains permanent student records that summarize the

credentials for admission, attendance, grades and other records of performance.

F) Maintains or is formally affiliated with a hospital for the care and treatment of animals, which provides a sufficient number and

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instruction.

2) In determining whether a program should be approved, the

DivisionDepartment shall take into consideration but not be bound by accreditation or approval by the American Veterinary Medical

Association, Council on Education.

3) The DivisionDepartment has determined that all veterinary medicine and surgery programs accredited or approved by the American Veterinary Medical Association, Council on Education (AVMA) as of September 1, 2005August 1, 1998, meet the minimum criteria set forth in subsection (a)(1) and are, therefore, approved.

b) Withdrawal of Approval

1) The Director of the Division of Professional Regulation (Director), with the authority delegated by the Secretary, may withdraw, suspend or place on probation the approval of a veterinary medicine and surgery program when the quality of the program has been materially affected by any of the following causes:

A) Gross or repeated violations of any provision of the Veterinary Medicine and Surgery Practice Act of 2004 [225 ILCS 115] (the Act);

B) Gross or repeated violations of any portion of this Part;

C) Fraud or dishonesty in furnishing documentation for evaluation of the program; or

D) Failure to continue to meet the criteria of an approved program as set out in this Section.

2) The officials in charge of a veterinary medicine and surgery program whose approval is being reconsidered by the DivisionDepartment shall be given written notice prior to action by the DivisionDepartment and

thosesuch officials may either submit written comments or request a hearing before the Veterinarian Licensing and Disciplinary Board (the

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Board). c) Program Evaluation

1) An applicant from a program that has not been evaluated will be requested by the DivisionDepartment to provide documentation concerning the criteria in this Section.

2) Once the DivisionDepartment has received the documentation or after 6 months have elapsed from the date of application, whichever is later, the

DivisionDepartment will evaluate the program based on all documentation forwarded from the school and any additional information the

DivisionDepartme nt has received that it deems to be reliable. (Source: Amended at 31 Ill. Reg. ______, effective ____________)

Section 1500.10 Application for Examination by Graduates of Approved Programs a) An applicant for examination for licensure to practice veterinary medicine and

surgery who is a graduate of an approved program of veterinary medicine and surgery that meets the requirements set forth in Section 1500.5 shall file an

application with the DivisionDepartment or its designated testing service on forms supplied by the DivisionDepartment at least 60 days prior to an examination date. The application shall include:

1) A complete work history indicating all employment since graduation from an approved veterinary program to the time of application; 2)Certification of successful completion of at least 2 years of pre-veterinary collegiate training, and graduation from an approved program of veterinary medicine and surgery;

23) The required fee specified in Section 1500.47 of this Part; and

34) Certification of licensure from all jurisdictions in which the applicant has ever been licensed and is currently licensed, if applicable, stating: A) The time during which the applicant was licensed in that

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C) Whether the file on the applicant contains any record of any disciplinary actions taken or pending.

b) Examination Priorprior to Granduationgraduation

1) An applicant enrolled in an approved veterinary program will be admitted to an examination prior to graduation if he/she provides certification from the college of veterinary medicine from which the applicant is expected to graduate. If certification of graduation is not received within 90 days after the scheduled graduation date, the results of the examination

examination(s) shall be void.

2) The results of thesuchexaminationexamination(s) shall be made available to the applicant but no license shall be issued until the

DivisionDepartment has received certification of the applicant's

graduation, within 90 days after the scheduled graduation date specified in subsection (b)(1) above.

3) In the case of failure of the examination, the applicant must submit his/her certificate of graduation to the DivisionDepartment or its designated testing service prior to taking the next examination.

c) An applicant who has taken and passed the examination pursuant to Section 1500.20 in another jurisdiction shall file an application in accordance with subsection (a) above and have the examination scores submitted to the

DivisionDepartment directly from the testing entity.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1500.11 Application by Graduates of Unapproved Programs

a) An applicant for examination who is a graduate of an unapproved program of veterinary medicine and surgery shall file an application, on forms supplied by the

DivisionDepartment, and shall be accompanied by the following:

1) A complete work history indicating all employment since graduation from an unapproved veterinary program to the time of application; 2)A

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verification of enrollment in either the Program for the Assessment of Veterinary Education Equivalence (PAVE) from the American

Association of Veterinary State Boards or from the American Veterinary Medical Association Educational Commission of Foreign Veterinary Graduates (ECFVG) indicating that the applicant has met all of the requirements for certification except for completion of clinical skills assessment;

23) The required fee specified in Section 1500.47;

34) Certification of licensure from all jurisdictions in which the applicant has ever been licensed and is currently licensed, if applicable, stating: A) The time during which the applicant was licensed in that

jurisdiction, including the date of original issuance of the license; B) A description of the licensure examination in that jurisdiction; C) Whether the file on the applicant contains any record of

disciplinary actions taken or pending;

45) For applicantsApplicants who submit any document in a foreign language, shall submit an original, notarized English translation.

b) An applicant for licensure who is a graduate of an unapproved program of veterinary medicine and surgery must hold a certificate from the American Veterinary Medical Association Educational Commission of Foreign Veterinary Graduates (ECFVG) or Program for the Assessment of Veterinary Education Equivalence (PAVE). Application shall be filed on forms supplied by the

DivisionDepartment and shall be accompanied by the following:

1) A complete work history indicating employment since graduation from a veterinary program to the time of application. 2)An original certificate from ECFVG or PAVE indicating completion of the proficiency examination or the completion of 1 year of clinical experience.

2)3) The required fee specified in Section 1500.47.

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A) The time during which the applicant was licensed in that

jurisdiction, including the date of original issuance of the license; B) A description of the licensure examination in that jurisdiction; C) Whether the file on the applicant contains any record of

disciplinary actions taken or pending.

4)5) For applicantsApplicants who submit any document in a foreign language, shall submit an original, notarized English translation.

c) Examination prior to graduation

1) An applicant enrolled in an unapproved veterinary program will be admitted to an examination prior to graduation if he/she provides certification from the college of veterinary medicine from which the applicant is expected to graduate and verification of enrollment from ECFVG or PAVE. If certification of graduation is not received within 90 days after the scheduled graduation date, the results of the examination shall be void.

2) The results of the examination shall be made available to the applicant but no license shall be issued until the DivisionDepartment has received certification of the applicant's graduation and an original certificate from ECFVG or PAVE.

3) In the case of failure of the examination, the applicant must submit his/her certificate of graduation to the DivisionDepartment or its designated testing service prior to taking the next examination.

d) At the time a foreign graduate obtains the ECFVG or PAVE certificate and applies for licensure in Illinois, the scores shall be sent to the DivisionDepartment

directly from the reporting entity. The passing score on the examinations shall be the passing scores established by the testing entity. Prior to January 1994, the passing score on the examination was a converted score of 75 based on 1.5 standard deviations below the mean.

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(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1500.15 Temporary Permit

a) A person who desires to obtain a temporary permit and who qualifies under Section 11 of the Act shall submit a written request with the application to the

DivisionDepartment or its designated testing service and a statement of employment completed by the supervising licensed veterinarian on forms supplied by the DivisionDepartment or its designated testing service. A temporary permit is nonrenewable.

ba) For an applicant for original licensure, the temporary permit shall be valid from the date he/she takes the examination until the results of that examination are reported.

cb) For a person who is a licensed veterinarian in another jurisdiction and who has applied for licensure on the basis of endorsement, the temporary permit shall be valid for 6 months or until the withdrawal or denial of the application, whichever occurs first.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1500.20 Examination

a) The examinations for licensure shall be provided by the National Board of Veterinary Medical Examiners (NBVME).

b) The passing score for the examinations shall be the passing score established by the testing entity. Prior to January 1994, the passing score on the National Board Examination and the Clinical Competency Examination was a total converted score of 75 based on 1.5 standard deviations below the mean.

c) Effective with the November 2007 North American Veterinary Licensing Examination (NAVLE), a candidate may not sit for the NAVLE more than 5 times during a 5 year period from the first attempt. Each of the final 2 attempts must be at least 1 year from the previous attempt.

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a) Continuing Education Hours Requirements

1) Each person who applies for renewal of a license as a veterinarian is required to complete 4020 hours of continuing education (CE) relevant to the practice of veterinary medicine and surgery during the prerenewal period.

2) A prerenewal period is the 24 months preceding the expiration date of the licenseJanuary 1 in the year of the renewal.

3) A renewal applicant is not required to comply with CE requirements for the first renewal.

4) A maximum of 10 hours CE credit may be earned for completion of self assessment examinations in "Compendium for Practicing Veterinarians," sponsored by Veterinary Learning Systems, or by completing any other approved method of self- study.5)CEContinuing education credit hours used to satisfy the CE requirements of another state may be applied to fulfillment of the CE requirements of the State of Illinois if the CE

required by the other state is consistent with the CE requirements set forth in this Section.

5) CE credit hours used to satisfy this requirement may be achieved through self study courses offered by an approved provider.

6) A licensee who serves as an instructor, speaker or discussion leader of an approved provider will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of

presentation. Time shall not be allowed for repetitious presentations of the same course.

7) CE course credit will be allowed for actual authorship of published articles and books, provided the subject matter of such article or book complies with this Section. CE course credit shall be allowed for actual time spent in writing or researching.

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1) CE credit may be earned for verified attendance at or participation in any program given or approved by one of the following:

A) An approved veterinary program, as provided in Section 1500.5(a)(2) and (a)(3);

B) The American Veterinary Medical Association or any of its constituent organizations;

C) The Illinois State Veterinary Medical Association or any other state or provincial veterinary medical association or any of its constituent organizations;

D) The American Animal Hospital Association;

E) National Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards (AAVSB);

and

F) Programs provided by, or appropriate for, veterinary specialty organizations.; and

G) Any other program that the Department determines to be

substantially equivalent to the programs listed above. A program application shall be submitted to the Department for approval accompanied by a $100 processing fee.

2) Course Requirements

A) All courses or programs shall:

iA) Be a minimum of 1 hour in duration. An hour is defined as 50 to 60 minutes of contact time;

iiB) Contribute to the advancement, extension and enhancement of professional skills and/or scientific knowledge in the practice of veterinary medicine;

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relevant subject matter and course materials;

ivD) Be developed and presented by persons with education and/or experience in the subject matter of the program; and

vE) Specify the number of CE hours that may be applied toward Illinois CE requirements for licensure renewal.

B) The Division may periodically review approved providers to ensure compliance.

c) The licensees shall maintain their CE records for 45 years. d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

2) The DivisionDepartment may require additional evidence demonstrating compliance with CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

e) Continuing Education Earned in Other Jurisdictions

1) If a licensee has earned or is seeking CE hours offered in another jurisdiction for a program not approved by the DivisionDepartment for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the

program or within 90 days prior to expiration of the license. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in this Section.

2) If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $100 per hour of CE late fee not to exceed $500. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in this

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Section.

f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license or certificate without having fully complied with these CE requirements shall file with the

DivisionDepartment a renewal application, a statement setting forth the facts concerning noncompliance, a request for waiver of the CE

requirements on the basis of such facts and, if desired, a request for an interview before the Board. If the DivisionDepartment finds from the statement, or any other evidence submitted, that good cause has been shown for granting a waiver of the CE requirements, or any part thereof, the DivisionDepartment shall waive enforcement of CE requirements for the renewal period for which the applicant has applied. At that time, the renewal applicant will be requested to submit the required renewal fee. 2) Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full- time service in the armed forces of the United States of America during a substantial part of the prerenewal period; B) An incapacitating illness; or

C) Undue hardship (e.g., prolonged hospitalization, being disabled or unable to practice veterinary medicine for a majority of the

duration of the renewal cycleon a temporary basis) as determined by the Board. Every attempt should be made by the applicant to comply with CE through self-study.

3) If an interview is requested at the time the request for a waiver is filed with the DivisionDepartment, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

(Source: Amended at 31 Ill. Reg. ______, effective ____________) Section 1500.30 Endorsement