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The Department has the authority and power to investigate any and all unlicensed activity.The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty.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 [225 ILCS 60/22].Any such condition on a 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.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 [225 ILCS 60/11] 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.

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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[iii].In determining moral character, 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, evidence from 2 or 3 individuals licensed under this Act.All monies collected under this Act by the Department shall be deposited in the Illinois State Medical Disciplinary Fund in the State Treasury, and used only for the following purposes: (a) by the Medical Disciplinary Board in the exercise of its powers and performance of its duties, as such use is made by the Department with full consideration of all recommendations of the Medical Disciplinary Board, (b) for costs directly related to persons licensed under this Act, and (c) for direct and allocable indirect costs related to the public purposes of the Department of Professional Regulation.Moneys in the Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105-300 of the Department of Professional Regulation Law (20 ILCS 2105/2105-300).

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