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New State Mandated Chiropractic Physician Education

Wednesday, May 15, 2019   (0 Comments)
Posted by: Adrienne Hersh, JD, ICS Legal Counsel
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New State Mandated Chiropractic Physician Education

 

Illinois recently passed a law that requires licensed professionals, including physicians licensed under the Medical Practice Act, to complete at least one hour of continuing education in sexual harassment prevention training.  The Illinois Department of Financial and Professional Regulation has adopted rules to implement the new provision.  The law intends to prevent hostile, intimidating or offensive work environments by prohibiting sexual harassment among colleagues and staff.  (This law refers to employment-related conduct, as distinct from a breach of sexual boundaries between clinician and patient, which is addressed in the Medical Practice Act and Rules.) 

The minimum one hour of training must be completed for each three-year renewal cycle and may be counted toward the regular minimum of 60 formal (Category I) hours.  To receive credit, licensees must take the course from an approved continuing education sponsor, such as the Illinois Chiropractic Society. Medical Practice Act licensees will need to certify completion of the course to renew their licenses in 2020.  

Definitions


"Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:


(i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; 
(ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 
(iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 

"Working environment" is not limited to a physical location that an employee is assigned to perform his or her duties. For example, the law would apply at an out-of-town work-related meeting or dinner.  Also, it is not limited to strict employment relationships; the law applies to independent contractors as well.

The Medical Practice Act rules rule permits the course to be presented in a classroom setting, a webinar or online. The rule also lists the following course content that must be included, at minimum, in the sexual harassment prevention training:
1) What is sexual harassment, including its forms and types; 
2) What should one do if one experiences or witnesses unwelcome sexual contact;
3) Reporting sexual harassment within one's place of employment and to outside entities, such as the Illinois Department of Human Rights; and 
4) Whistleblower protections. 

As important as this training is, the legislature has made it easy to comply by requiring only one class hour and permitting a webinar or online format.  Remember that when you file your 2020 renewal application and certify that you have completed all CME requirements, you are certifying that you have completed the sexual harassment training as part of your total CME.  

As an approved sponsor, the ICS will present a webinar on July 16, 2019 that complies with this requirement.  For more details, see www.ilchiro.org/mandate.

 

 

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