New Law Will Limit Mental Health Questions on Medical License Applications

August 11, 2023

In a victory for Illinois physicians, Governor Pritzker signed ISMS-backed House Bill 3109 into law last Friday!

This legislation requires the Illinois State Medical Board to ensure that questions on medical license applications for determining mental capacity are compliant with the guidelines of the federal Americans with Disabilities Act.

Your ISMS legislative team has actively advocated that physician and resident applicants only be asked questions about any current health conditions that may impact their ability to practice safe, effective medicine. Certain forms of the Illinois Department of Financial and Professional Regulation (IDFPR) were still inquiring about an applicant’s past health history, including being asked to provide medical records!

This new legislation applies to all IDFPR licensing forms and takes effect Jan. 1, 2024.

The bill was sponsored by ISMS member State Representative William Hauter, M.D., (R-Morton). We thank Dr. Hauter for being the voice for Illinois physicians!

If you have questions, please contact ISMS Senior Vice President of State Legislative Affairs Erin O'Brien by email.