The Illinois Medical Practice Act

Click here to see our section by section breakdown of the Medical Practice Act. Click here to go directly to the Act.

It seems obvious that new doctors should become familiar with the laws affecting their practice. Unfortunately, the laws are not always simple to sort out. For those not accustomed to legislative and legal jargon, the wording can be difficult to understand. In addition, there are several different types of legal authority that may apply to a particular topic. Here are the basics: With the exception of national issues such as drug regulation and Medicare, the federal government leaves most health care regulation to the individual states. In Illinois, doctors of chiropractic are considered physicians and are licensed under the Medical Practice Act, the same law that applies to licensing of medical doctors and osteopathic doctors. For that reason, the Illinois Supreme Court refers to the "practice of medicine” as one practice under the Act, comprised of different types of physicians who use different techniques. In this article, the "practice of medicine” is used in the broad sense to include chiropractic medicine. The laws (called "statutes”) of Illinois are found in the Illinois Compiled Statutes, and the Medical Practice Act is found at 225 ILCS 60. This is the basic starting point for legal authority regarding a particular issue of medical practice in this State. However, in addition to statutes, Illinois also has a large body of administrative rules that further define the statutes. These rules are also referred to as "regulations.” All of the rules/regulations for Illinois Statutes are found in the Illinois Administrative Code. The specific set of rules applicable to the Medical Practice Act can be found in the Illinois Administrative Code at 68 Adm. Code 1285. Each section of the rules defines and expands on sections found in the Medical Practice Act. Finally, there are a number of published court cases that may provide legal precedent in interpreting a particular section of the Medical Practice Rules. For example, in the past, courts have clarified controversial issues and have even declared certain portions of the Medical PracticeAct unconstitutional and void. The legislature then may amend the Act to address the courts’ concerns. In this way, the law of medical practice, including chiropractic, constantly evolves, adapts and becomes further defined. Therefore, the law of chiropractic practice incorporates multiple layers, including the Medical Practice Act, Rules for the Medical Practice Act and case law. In order to analyze a particular question, all must be read together to get a complete and accurate picture.