Public Act 0170 104TH GENERAL ASSEMBLY

HB1270 Enrolled LRB104 04583 AAS 14610 b

Public Act 104-0170

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-17 as follows:

(20 ILCS 2105/2105-17)

Sec. 2105-17. Volunteer license status licenses.

(a) For the purposes of this Section:

"Health care professional" means a physician licensed under the Medical Practice Act of 1987, a dentist licensed under the Illinois Dental Practice Act, an optometrist licensed under the Illinois Optometric Practice Act of 1987, a physician assistant licensed under the Physician Assistant Practice Act of 1987, and a nurse or advanced practice registered nurse licensed under the Nurse Practice Act. The Department may expand this definition by rule.

"Volunteer practice" means the practice of a licensed health care professional for the benefit of an individual or the public and without compensation for the health care services provided.

(b) A The Department may grant a volunteer license to a health care professional may submit an application to the Department to place the health care professional's license on volunteer status if the health care professional who:

(1) holds an active license that is not currently subject to discipline or under investigation by the Department meets all requirements of the State licensing Act that applies to his or her health care profession and the rules adopted under the Act; and

(2) agrees to engage only in the volunteer practice of his or her health care profession in a free medical clinic, as defined in the Good Samaritan Act, or in a public health clinic, as defined in Section 6-101 of the Local Governmental and Governmental Employees Tort Immunities Act, and to not practice for compensation.

(c) An application submitted under this Section shall not require payment of a fee. A license in volunteer status may be renewed in the same manner, at the same time, and with the same conditions as an active license, except that a renewal fee shall not be required. A volunteer license shall be granted in accordance with the licensing Act that applies to the health care professional's given health care profession, and the licensure fee shall be set by rule in accordance with subsection (f).

(d) A health care professional whose license is in volunteer status may request the Department to change the status to active as long as the request is made during the same renewal period in which the license was previously active or the health care professional renews the license in the same manner and at the same time with the same conditions as an active license. No health care professional shall hold a non-volunteer license in a health care profession and a volunteer license in that profession at the same time. In the event that the health care professional obtains a volunteer license in the profession for which he or she holds a non-volunteer license, that non-volunteer license shall automatically be placed in inactive status. In the event that a health care professional obtains a non-volunteer license in the profession for which he or she holds a volunteer license, the volunteer license shall be placed in inactive status. Practicing on a license in volunteer status that does not meet the requirements of subsection (b) an expired volunteer license constitutes the unlicensed practice of the health care professional's profession.

(e) Nothing in this Section shall be construed to waive or modify any statute, rule, or regulation concerning the licensure or practice of any health care profession. A health care professional whose license is in volunteer status who holds a volunteer license shall be subject to all statutes, rules, and regulations governing his or her profession, except as provided in this Section. The Department shall waive the licensure fee for the first 500 volunteer licenses issued and may by rule provide for a fee waiver or fee reduction that shall apply to all licenses issued after the initial 500.

(f) The Department may adopt rules for the administration of this Section. shall determine by rule the total number of volunteer licenses to be issued. The Department shall file proposed rules implementing this Section within 6 months after the effective date of this amendatory Act of the 98th General Assembly.

(Source: P.A. 100-513, eff. 1-1-18.)