Illinois statute requires applicants for medical licensure to provide fingerprints for a criminal background check. 225 ILCS 60/9.7. The statute further requires the Illinois Department of Professional Regulation to promulgate rules to implement the requirement. Id. However, a review of Illinois' application and online instructions indicates that Illinois currently does not require applicants to submit fingerprints or undergo background checks.
See http://www.idfpr.com/dpr/WHO/med.asp, accessed on Jan. 3, 2011.

Iowa administrative rules require applicants for medical licensure to pay for and provide a full set of fingerprints for state and federal criminal background checks. IAC 653-9.4 (2) p., 9.5 (3) p., 9.6 (2) j. and 8.4 (7). Iowa promulgated the administrative rules based on the federal Volunteers for Children Act, Public Law 105-251 (1998). The U.S. Attorney General already approved the Volunteers for Children Act as a basis to enable “qualified entities" to require employees and volunteers to submit fingerprints for non- law enforcement criminal background checks.

Michigan statute requires applicants for medical licensure to provide fingerprints for state and federal criminal background checks. MCL 333.16174 (3).

Minnesota currently does not require applicants for medical licensure to undergo criminal background checks.

In February 2010, DRL was awarded an American Recovery and Reinvestment Act grant to lead a group of nine states to reduce barriers to the portability of physician licenses. Since the award, Wisconsin has worked with Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri and South Dakota to develop best practices to improve the licensing process of physicians. In November, the states identified requiring applicants to submit fingerprints and undergo criminal background as a best practice. The requirement conforms to longstanding recommendations by the Federation of State Medical Boards (“FSMB").

Since April 2001, FSMB has affirmed its position that it is a best practice for state medical boards to “conduct criminal background checks as part of the licensure application process. See Federation of State Medical Boards, Public Policy Compendium, April 2010. The FSMB reaffirmed its position in April 2010. Id.

Further, as of September 2010, 35 out of 68 U.S. medical and osteopathic boards require applicants to submit fingerprints and undergo criminal background checks as part of the application process. FSMB, Criminal Background Checks Overview by State, Last Updated September 6, 2010, at http://www.fsmb.org/pdf/GRPOL_Criminal_Background_Checks.pdf.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

These proposed rules will be reviewed by the department's Small Business Review Advisory Committee to determine whether the rules will have any significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats.

The Department's Regulatory Review Coordinator may be contacted by email at john.murra y@wisconsin.gov, or by calling (608) 266-8608.

The department estimates that the proposed rule will have no significant fiscal impact.

Every person seeking initial licensure to practice medicine and surgery in Wisconsin will incur the cost of conducting the criminal background check. The cost to the applicant of conducting a criminal background check is approximately $56.25. The cost is the price the department charges applicants for the professions that it currently requires undergoing the same criminal background check process.