ADMINISTRATIVE CODE

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1360 PODIATRIC MEDICAL PRACTICE ACT OF 1987

Section 1360.10 Statutory Authority (Repealed)

Section 1360.20 Approved Colleges of Podiatry

Section 1360.30 Application for Examination

Section 1360.40 Examination

Section 1360.45 Application for Licensure on the Basis of Examination

Section 1360.50 Endorsement

Section 1360.55 Renewals

Section 1360.60 Restoration

Section 1360.65 Temporary Licenses

Section 1360.70 Continuing Education

Section 1360.75 Visiting Professor Permits

Section 1360.80 Definition of "Human Foot" (Repealed)

Section 1360.85 Advertising

Section 1360.86 Mandatory Reporting of Impaired Podiatric Physicians by Health Care Institutions

Section 1360.90 Granting Variances

Section 1360.95 Dishonorable, Unprofessional and Unethical Conduct Standards

Section 1360.APPENDIX A Curriculum Requirements (Repealed)

Section 1360.APPENDIX B Clinical Training Requirements (Repealed)

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1360 PODIATRIC MEDICAL PRACTICE ACT OF 1987
SECTION 1360.10 STATUTORY AUTHORITY (REPEALED)

Section 1360.10 Statutory Authority (Repealed)

(Source: Repealed at 13 Ill. Reg. 4234, effective March 21, 1989)

Section 1360.20 Approved Colleges of Podiatry

a) The Department of Financial and Professional Regulation-Division of Professional Regulation (Division) shall, upon the recommendation of the Podiatric Medical Licensing Board (Board), approve a school or college of podiatric medicine as reputable and in good standing if it meets the following minimum criteria:

1) A Dean or a designated officer, employed on a full-time basis, is responsible for coordination of student affairs and administration of the curriculum.

2) A faculty is comprised of instructors with specialty degrees in the subjects they teach from recognized professional colleges or institutions, and organized into departments, each of which has a director or chairman.

3) Has a curriculum with four academic years of instruction that contains at least the following subjects:

A) Epidemiology and Biostatistics

B) Anatomical Sciences

C) Biochemistry

D) Pharmacology

E) Microbiology

F) Physiology

G) Pathology

H) Dermatology

I) Community Health

J) Clinical Experience

K) Medical, Surgical and Physical Therapeutic Procedures

4) Accepts only graduates of a four-year high school or other preparatory school who have satisfactorily completed a minimum of 90 semester hours of general college work at one or more accredited colleges or universities.

5) Maintains permanent records showing the credentials for admission, attendance and grades of each student and specifying in detail the clinical training of each student as required in subsection (a)(8).

6) Maintains a library of modern podiatric and medical texts, periodicals, and reference books.

7) Maintains suitable facilities for instruction in all areas of podiatric medicine, including an x-ray diagnostic laboratory.

8) Provides clinical training to students, identified as such, to treat patients:

A) Training shall be in a facility affiliated with an approved podiatric medical college and licensed by the appropriate state hospital licensing authority, or a facility operated by a governmental unit; and in the presence and under the direct personal supervision of a registered podiatrist or licensed physician who is lawfully authorized to provide the treatment required by the patients.

B) Training shall include general diagnosis (history taking, physical examination, clinical laboratory procedures, diagnostic radiology); therapeutics (pharmacological, physical medicine, orthotic and prosthetics); surgery and anesthesiology; and operative procedures.

b) In determining whether a school or college should be approved, the Division shall take into consideration, but not be bound by, accreditation by the Council on Podiatric Medical Education of the American Podiatric Medical Association.

c) Withdrawal of Approval

1) The Director of the Division (Director) may, upon a written recommendation submitted by the Board, withdraw, suspend or place on probation the approval of a podiatric medical college for any of the following causes:

A) A violation of any provision of the Act;

B) A violation of this Part; or

C) Fraud or dishonesty in applying for approval of a podiatry college.

2) A podiatric medical college whose approval is being reconsidered by the Division shall be given written notice prior to any recommendation by the Board and may either submit written comments or request a hearing before the Board.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.30 Application for Examination

An applicant for the National Board of Podiatric Medical Examiners (NBPME) PM Lexis examination for licensure as a podiatric physician shall file an application with the Division or its designated testing service, on forms supplied by the Division, at least 60 days prior to an examination date. The application shall include:

a) A complete work history indicating all employment since graduation from an approved podiatric medical program which meets the requirements set forth in Section 1360.20;

b) Certification of graduation from an approved podiatric medical program;

c) Proof of passage of Part I and Part II of the examination given by the National Board of Podiatric Medical Examiners (NBPME) by NBPME standards. The applicant shall have the scores submitted to the Division or its designated testing service directly from NBPME;

d) Certification, on forms provided by the Division, from the jurisdictions of the United States in which the applicant was originally licensed and is currently licensed, if applicable, stating:

1) The time during which the applicant was licensed in that jurisdiction, including the date of the original issuance of the license; and

2) Whether the file on the applicant contains any record of disciplinary actions taken or pending.

e) The required fee as provided for in Section 18(a)(1) of the Act.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.40 Examination

a) Each applicant for licensure as a podiatric physician in the State of Illinois shall be required to take the PM Lexis examination administered by the Division or its designated testing service.

b) A passing grade on the PM Lexis examination is 75.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.45 Application for Licensure on the Basis of Examination

a) Each applicant for licensure as a podiatric physician in the State of Illinois, pursuant to the Podiatric Medical Practice Act of 1987 [225 ILCS 100] (the Act), shall file an application with the Division that includes:

1) A complete work history indicating all employment since graduation from an approved podiatric medical program that meets the requirements set forth in Section 1360.20;

2) Certification of graduation from an approved podiatric medical program;

3) Proof of passage of Part I and Part II of the examination given by the NBPME by NBPME standards. The applicant shall have the scores submitted to the Division directly from NBPME;

4) Proof of successful completion of the PM Lexis examination in accordance with Section 1360.40 of this Part;

5) Proof of successful completion of one year of postgraduate training approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association (APMA) which includes residency and preceptorship programs;

6) Certification, on forms provided by the Division, from the jurisdictions in which the applicant was originally licensed and is currently licensed, if applicable, stating:

A) The time during which the applicant was registered in that jurisdiction, including the date of the original issuance of the license; and

B) Whether the file on the applicant contains any record of disciplinary actions taken or pending; and

7) The required fee set forth in Section 18(a)(1) of the Act.

b) An applicant who has successfully completed in another jurisdiction a written clinical competency examination recognized by the Division pursuant to Section 1360.40 shall have the examination scores submitted directly to the Division by the reporting entity.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.50 Endorsement

a) An applicant for licensure as a podiatric physician who is licensed under the laws of another jurisdiction shall file an application with the Division that shall include:

1) A certification from the jurisdiction of original licensure and current licensure, stating:

A) The time during which the applicant was licensed in that jurisdiction; and

B) Whether the file on the applicant contains any record of disciplinary actions taken or pending;

2) A complete work history indicating all employment since graduation from a program which meets the requirements set forth in Section 1360.20;

3) Certification of successful completion of Parts I and II of the examination given by the NBPME or any other examination which was a requirement of original licensure;

4) Verification of successful completion of one year of post-graduate training which is approved by the Council on Podiatric Medical Education of the APMA and includes a residency or preceptorship for individuals who were licensed after January 1, 1992;

5) Passage of the written clinical competency examination set forth in Section 1360.40;

6) The required fee set forth in Section 18(a)(1) of the Act; and

7) The Division may, in individual cases, upon recommendation of the Director, waive the written clinical competency examination set forth in Section 1360.40 for an applicant by endorsement after full consideration of his/her podiatric education, training and experience, including, but not limited to, whether he/she has achieved special honors or awards, has had articles published in professional journals, has participated in writing textbooks relating to podiatric medicine, and any other attribute that the Division accepts as evidence that such applicant has outstanding and proven ability in podiatry.

b) The Division shall examine each endorsement application to determine whether the requirements in such jurisdiction at the date of licensing were substantially equivalent to the requirements then in force in this State and whether the applicant has otherwise complied with the Act. A copy of the Act and/or rules that were in effect in the jurisdiction of original licensure may be requested to determine equivalency. The Division shall, within a reasonable time, either issue a certificate of registration by endorsement to the applicant or notify him/her of the reasons for the denial of the application.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.55 Renewals

a) Every license issued under the Act shall expire on January 31 of each odd numbered year. The holder of a license may renew such license during the month preceding the expiration date thereof by paying the required fee and meeting the continuing education requirements set forth in Section 1360.70.

b) It is the responsibility of each registrant to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee and to renew the license in a timely manner.

c) Practicing or offering to practice on a license that has expired shall be considered unlicensed activity and shall be grounds for discipline pursuant to Section 24 of the Act.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.60 Restoration

a) A person seeking restoration of a license that has expired for 5 years or less shall have the license restored upon payment of $100 plus all lapsed renewal fees required by Section 18(a)(4) of the Act and proof of 100 hours of continuing education, as defined in Section 1360.70 of this Part, earned within the 2 years preceding restoration of the license.

b) A person seeking restoration of a license that has been placed on inactive status for 5 years or less shall have the license restored upon payment of the current renewal fee and proof of 100 hours of continuing education, as defined in Section 1360.70 of this Part, earned within 2 years preceding the restoration of the license.

c) A person seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the fee required by Section 18(a)(4) of the Act, and be scheduled for an interview before the Board. The person shall also submit either:

1) Certification of active practice in another jurisdiction and proof of 100 hours continuing education as defined in Section 1360.70 of this Part during the 2 years prior to restoration. Such evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the applicant was authorized to practice during the term of active practice; or

2) Proof of successful completion of the PM Lexis examination in accordance with Section 1360.40 within one year before applying for restoration.

d) Pursuant to Section 15(D) of the Act, anyone applying for restoration of a license that has expired or been placed on inactive status while in military service shall submit an affidavit attesting to that service. If the application is made within 2 years after discharge and if all other provisions of Section 15(D) are met, the applicant will only be required to pay the current renewal fee and will not be required to submit proof of continuing education.

e) When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the licensee seeking restoration of a license shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information. Upon the recommendation of the Board and approval by the Division, an applicant's license shall be restored.

(Source: Amended at 34 Ill. Reg. 16972, effective October 25, 2010)

Section 1360.65 Temporary Licenses

a) An applicant for a temporary license to pursue postgraduate training shall file an application with the Division, on forms provided by the Division, that includes the following:

1) A complete work history indicating all employment since graduation from an approved podiatric medical program that meets the requirements set forth in Section 1360.20.

2) Either:

A) Certification of graduation from an approved podiatric medical program; or

B) Certification that the applicant will graduate from an approved podiatric medical program before entering into the postgraduate training. This certification shall be signed by the director or registrar of the applicant's podiatric medical program.

3) Proof of passage of Part I and Part II of the examination given by the NBPME by NBPME standards. The applicant shall have his or her scores submitted to the Division or its designated testing service, directly from NBPME.

4) Proof that the applicant has been accepted or appointed to a position in a postgraduate program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association which includes residencies and preceptorships.

5) Certification, on forms provided by the Division, from the jurisdictions in which the applicant was originally licensed and is currently licensed, if applicable, stating:

A) The time during which the applicant was registered in that jurisdiction, including the date of the original issuance of the license; and

B) Whether the file on the applicant contains any record of disciplinary actions taken or pending.

6) The required fee set forth in Section 18(a)(1) of the Act.

b) A temporary license shall be valid for one year.

c) Temporary licenses may be renewed one time in the following situations:

1) Serving full-time in the Armed Forces;

2) An incapacitating illness documented by a currently licensed physician; or

3) Proof of continuance of a postgraduate training program.

d) A licensee applying for renewal of a temporary certificate shall pay to the Division the fee set forth in Section 18(a)(3) of the Act.

e) If a temporary license holder terminates or is discharged from a residency or preceptorship program, the temporary license shall be null and void. If the licensee changes his/her preceptorship or residency program, he/she shall reapply for a new temporary license.

f) If the licensee applies for a permanent podiatric physician license while holding a temporary license, no permanent license shall be issued until the temporary license is returned to the Division.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.70 Continuing Education

a) Continuing Education Hour Requirements

1) Every renewal applicant who applies for renewal of a license as a podiatric physician must complete 100 hours of continuing education (CE) relevant to the practice of podiatric medicine.

2) A prerenewal period is the 24 months preceding January 31 of each odd-numbered year.

3) A renewal applicant is not required to comply with CE requirements for the first renewal.

4) Podiatric physicians licensed in Illinois but residing and practicing in other states must comply with the CE requirements set forth in this Section.

b) Approved Continuing Education

1) All continuing education hours must be earned by verified attendance at or participation in a program or course sponsored, approved or given by a sponsor approved by the Council on Podiatric Medical Education; sponsored by the Illinois Podiatric Medical Association; or which is offered or sponsored by an approved continuing education sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3), (4), (5), and (6).

2) A maximum of 18 hours of credit per prerenewal period may be earned through postgraduate training programs (i.e., extern, residency, or fellowship programs) approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association as provided for in Section 5(G) of the Act.

3) A maximum of 18 hours per prerenewal period may be earned for verified teaching in an approved podiatric medical college which meets the standards set forth in Section 1360.20 and/or as an instructor of continuing education through an approved sponsor. One hour of credit will be granted for actual presentation, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course, and will only be allowed for additional study or research.

4) Up to 15 total credit hours per prerenewal period may be claimed for papers, publications, books, presentations and exhibits. The preparation of each published paper, book chapter or audio-visual presentation dealing with Podiatric Medicine which is made available to health professionals may be claimed as 5 hours of credit. A presentation or exhibit must be before a professional audience of podiatrists or other health professionals. Five credit hours may be claimed for only the first time the information is published or presented.

5) Up to 50 total credit hours per prerenewal period may be earned through nonsupervised individual activities in the following areas:

A) Self-Instruction – credit may be claimed for the use of audio-visual materials, programmed education materials, electronic teaching devices and the individual reading of podiatric medical literature.

B) Patient Care Review – credit may be claimed for time spent in programs concerned with the review and evaluation of patient care. This includes such activities as peer review.

C) Self-assessment – credit may be claimed for time spent in self-assessment programs. These would include, for example, quizzes completed by the podiatrist after reading professional publications of a scientific or patient-care oriented nature, or completion of aptitude questionnaires provided by various organizations and societies.

D) Specialty Board or Specialty Organization Preparation – credit may be claimed for nonsupervised individual activities carried out in preparation for an examination or to satisfy other requirements for membership in a specialty organization. No additional credit may be claimed for taking and/or passing an examination given by the board or organization.

6) Up to 10 hours of credit per prerenewal period may be claimed for verified formal learning experiences sponsored by hospitals, agencies, organizations or other institutions which are not approved continuing education sponsors, in subjects that facilitate the podiatrist's performance, such as courses in computerized patient-record systems, practice management, risk management or training – including advanced degree programs in education, health administration, and similar subjects.

c) Approved CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean the Council on Podiatric Medical Education and its approved sponsors, the Illinois Podiatric Medical Association, or a person, firm, association, corporation, or any other group which has been approved and authorized by the Board and validated by the Illinois Podiatric Medical Association Continuing Education Committee to coordinate and present continuing education courses or programs.

2) A sponsor shall submit the fee set forth in Section 18(a)(10) of the Act, along with a sponsor application that certifies:

A) That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section;

B) That the sponsor will be responsible for verifying attendance at each course or program, and provide a certificate of attendance as set forth in subsection (d);

C) That, upon request by the Division, the sponsor will submit such evidence (e.g., certificate of attendance or course materials) as is necessary to establish compliance with this Section. Such evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

3) All courses and programs shall:

A) Contribute to the advancement, extension and enhancement of professional clinical skills and scientific knowledge in the practice of podiatric medicine;

B) Provide experiences which contain scientific integrity, and subject matter and course material relevant to podiatric medicine;

C) Be developed and presented by persons with education and/or experience in the subject matter of the program;

D) Specify the course objectives, course content and teaching methods to be used; and

E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

4) All programs given by approved sponsors shall be open to all licensed podiatric physicians and not be limited to members of a single organization or group.

5) Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

6) Each sponsor shall reapply by January 31 of each year. The sponsor shall submit to the Division, along with the completed sponsor application and the fee set forth in Section 18(a)(10) of the Act, a list of courses and programs offered within the last 12 months, which includes a brief description, location, date and time of the course.

7) Certification of Attendance. It shall be the responsibility of a sponsor to provide each participant in an approved program or course with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

A) The name and address of the sponsor;

B) The name and address of the participant;

C) A brief statement of the subject matter;

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

8) The sponsor shall maintain attendance records for not less than five years.

9) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

10) Upon the failure of any sponsor to comply with any of the foregoing requirements, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of such sponsor's CE activities until such time as the Division receives assurances of compliance with this Section.

11) Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved continuing education program at any time to ensure compliance with the requirements of this Section.

d) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

2) The Division may require additional evidence demonstrating compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of such compliance. Such additional evidence will be required in the context of the Division's random audit.

3) When there appears to be a lack of compliance with CE requirements, an applicant will be notified in writing and may request an interview with the Board.

e) Continuing Education Earned in Other Jurisdictions

1) If a renewal applicant will be earning or has earned CE hours in another jurisdiction, but is not licensed in that jurisdiction and the course is not presented by an approved sponsor, the applicant shall submit an individual program approval request form, along with a $20 processing fee, to have the program reviewed. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(5) of this Section. Applicants may seek individual program approval prior to the participation in the course or program. All individual program approval requests shall be submitted 90 days prior to the expiration date of the license.

2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $20 processing fee plus a $50 per credit hour late fee not to exceed $300. The Board shall review and recommend approval and disapproval of the program using the criteria set forth in subsection (b) of this Section.

f) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 18(a)(3) of the Act, a statement setting forth the facts concerning such non-compliance, and request for waiver of the CE requirements on the basis of such facts. The request for waiver shall be made prior to the renewal date. If the Division, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted, that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of the requirements for the renewal period for which the applicant has applied.

2) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

A) Full time service in the Armed Forces of the United States of America during a substantial part of such period;

B) An incapacitating illness documented by a statement from a currently licensed physician;

C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician; or

D) Any other similar extenuating circumstances.

3) Any renewal applicant who, prior to the expiration date of a license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final Division decision on the application has been made.

(Source: Amended at 34 Ill. Reg. 16972, effective October 25, 2010)

Section 1360.75 Visiting Professor Permits

a) Any person not licensed in this State to practice as a podiatric medical physician who has been appointed as a visiting professor at a program of podiatric medicine in this State must be the holder of a Visiting Professor Permit issued by the Division pursuant to the provisions of Section 12 of the Act.

b) An application for a Visiting Professor Permit shall be made on forms provided by the Division. Such application shall include:

1) The name and location of the applicant's program of podiatric medicine, dates of attendance, and date and type of degree conferred;

2) Certification from the jurisdictions of original licensure and current licensure, indicating:

A) The date of licensure;

B) The method of licensure; and

C) The current status of the license;

3) Certification from the Dean of the program of podiatric medicine indicating:

A) That the person has contracted with the applicant and he has received a faculty appointment to teach in the program;

B) The nature of the educational services to be provided by the applicant; and

C) The term of the contract;

4) A copy of the applicant's current curriculum vitae; and

5) The fee set forth in Section 18(a)(1) of the Act.

c) A Visiting Professor Permit shall be valid for one year and may be renewed only once for one year.

d) Application for renewal of a Visiting Professor Permit shall be made on forms supplied by the Division at least 60 days prior to expiration of the permit. Such application shall include:

1) Certification from the Dean of the program of podiatric medicine indicating the term of the renewal contract, not to exceed one year from the date of the original expiration date;

2) Certification from the jurisdiction of original licensure indicating the current status of the license; and

3) The fee set forth in Section 18(a)(3) of the Act.

e) When any person who has been issued a Visiting Professor Permit is discharged or terminates his faculty appointment, any certificate issued in the name of such person shall be null and void as of the date of such discharge or termination. Such program of podiatric medicine shall immediately deliver or mail by registered mail to the Division the Visiting Professor Permit and written notice of the reason for the return of the permit.

f) Only one Visiting Professor Permit shall be issued to an applicant, which may be renewed once. If, at the conclusion of the term of the faculty appointment for which the permit was issued, the holder of such permit desires to remain in the State and practice or teach the profession, he/she must apply for and receive a license to practice the profession.

g) Whenever a program of podiatric medicine is required to deliver or return a Visiting Professor Permit to the Division and that permit has been lost or destroyed or is for any other reason unavailable for return to the Division, the program of podiatric medicine shall immediately mail or deliver to the Division a written explanation concerning the inability to return the permit.

h) Nothing herein shall prohibit the holder of a Visiting Professor Permit from applying for and receiving a license to practice the profession in this State during the term of his/her faculty appointment. In the event the holder of such permit is issued a license to practice the profession in this State, upon receipt of the license, the permit shall become null and void and shall be returned to the Division pursuant to the provisions of subsection (e).

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.80 Definition of "Human Foot" (Repealed)

(Source: Repealed at 13 Ill. Reg. 4234, effective March 21, 1989)

Section 1360.85 Advertising

a) If an advertisement is communicated to the public over television or radio, it shall be prerecorded and approved for broadcast by the podiatric physician, and a recording of the actual transmission, including videotape, shall be retained for at least 3 years by the podiatric physician.

b) A podiatric physician may incorporate as a professional service corporation in accordance with the Professional Service Corporation Act [805 ILCS 10] under a fictitious or an assumed name; however, all advertisements for podiatric services to be performed by members or employees of the corporation must comply with the following:

1) A podiatric physician licensed and practicing in Illinois shall be designated at each practice location for the corporation and shall assume responsibility for all advertising in Illinois.

2) The name, office address and office phone number of the designated podiatric physician shall appear in all advertising for the corporation.

3) The names of the owners of the corporation, if other than the designated podiatric physicians, shall appear in all advertising for the corporation.

4) A list of all podiatric physicians employed by the corporation who perform podiatric services shall be prominently displayed at the location where they practice.

5) Any advertisement that contains the names of podiatric physicians employed by the corporation shall include at least one of the following terms to describe each podiatric physician's licensure: podiatric physician, doctor of podiatric medicine, podiatrist, foot specialist or chiropodist.

c) A podiatric physician not incorporated in accordance with the Professional Service Corporation Act [805 ILCS 10] shall identify himself/herself by the use of the name in which the license to practice is issued and shall include at least one of the following terms to describe his/her licensure: podiatric physician, doctor of podiatric medicine, podiatrist, foot specialist or chiropodist. This name and designation shall appear in all forms of advertising, in whatever medium conveyed.

d) A podiatric physician may advertise certification by a certifying specialty board approved by the Board or by the Council on Podiatric Medical Education. Approvals granted by the Board shall be subject to review and reconsideration every 2 years. In approving a certifying specialty board, the Board shall determine that the specialty board has met, at a minimum, the following criteria:

1) The certifying specialty board requires passage of an examination appropriately designed to test the applicant's knowledge of the area of specialty in order to obtain certification. The testing standards of the certifying specialty board are established prior to the test and are based on standards of acceptable psychometric validity and reliability;

2) The certifying specialty board requires appropriate educational and experience standards in order to obtain certification and grants or denies certification based on objective performance, skill, knowledge and merit of the candidate; and

3) The certifying specialty board shall be approved by an appropriate national accrediting agency for the certification of professional programs at least 2 years prior to application to the Division.

e) Any specialty advertisement shall include the complete name of the certifying specialty board.

f) In addition to the above requirements, a podiatric physician shall comply with advertising requirements set forth in Section 21 of the Act.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.86 Mandatory Reporting of Impaired Podiatric Physicians by Health Care Institutions

a) Entities Required to Report

Section 26 of the Act requires that the chief administrator or executive officer of any health care institution licensed by the Department of Public Health report to the Board concerning impaired persons. All instances in which a person licensed under the Podiatric Medical Practice Act of 1987 is impaired by reason of age, drug or alcohol abuse or physical or mental impairment, is under supervision, and where appropriate, is in a program of rehabilitation, must be reported to the Board. The reports, as described in subsection (f), must contain sufficient current information to enable the Board to evaluate the impairment and determine the appropriateness of the supervision of the program of rehabilitation. If the Board finds the supervision or treatment plan submitted by the institution is not sufficient to meet the needs of the individual, the Board may direct the facility to work with Division staff to revise the plan or treatment to meet the specific objections. Reports must be filed with the Board by the following entities:

1) The president or chief executive officer of any association or society of podiatric physicians licensed under the Act and operating within this State shall report to the Board when the association or society renders a final determination relating to the professional competence or conduct of the podiatric physician.

2) Every insurance company that offers policies of professional liability insurance to persons licensed under the Act, or any other entity that seeks to indemnify the professional liability of a podiatric physician licensed under the Act, shall report to the Board the settlement of any claim or cause of action, or final judgment rendered in any cause of action, that alleged negligence in the furnishing of medical care by a person licensed under the Act when a settlement or final judgment is in favor of the plaintiff.

3) The State's Attorney of each county shall report to the Board all instances in which a person licensed under the Act is convicted or otherwise found guilty of the commission of any felony.

4) All agencies, boards, commissions, departments, or other instrumentalities the State of Illinois shall report to the Board any instance arising in connection with the operations of an agency, including the administration of any law by an agency, in which a podiatric physician licensed under the Act has either committed an act or acts that may be a violation of the Act or that may constitute unprofessional conduct related directly to patient care or that indicates that a podiatric physician licensed under the Act may be mentally or physically disabled in a manner that may endanger patients under that physician's care.

b) Contents of Reports. Reports of impaired persons shall be submitted in writing, on forms provided by the Division, which shall include, but not be limited to, the following information:

1) The name, address, telephone number and title of the person making the report;

2) The name, address, telephone number and type of health care institution where the maker of the report is employed;

3) The name, address, telephone number, and professional license number of the person who is the subject of the report;

4) A means of identification used by the institution of any patient or patients whose treatment is a subject of the report, provided, however, no medical records may be revealed without the written consent of the patient or patients; and further provided that the Board may require disclosure of the name, address and telephone number of any such patient if it deems such information necessary to an evaluation of the impairment or a determination of the appropriateness of the supervision or program of rehabilitation;

5) The nature of the impairment and brief description of the facts that gave rise to the issuance of the report, including the dates of any occurrences deemed to necessitate the filing of the report;

6) The terms and conditions of the supervision under which the subject of the report is conducting his/her activities or practice, including the date supervision commenced; the term of the supervision; the name, address and telephone number of the person in charge of the subject's supervision; and a written consent executed by the subject of the report, authorizing the Board, the Division staff or other designated representative of the Board to contact the person in charge of the subject's supervision for information, including written documentation, in order to evaluate the progress of the subject's supervision;

7) If the subject of the report is in a program of rehabilitation, the name, address and telephone number of the program and the name and position of any individual in charge of the program; and

8) Any other information deemed by the reporting person to be of assistance to the Board and the Division staff in evaluating the report, including, but not limited to, the following items: drug screens being used and their status; relapses and actions taken; attendance at work; observations of recovery status and level of cooperation in recovery; other psychopathology; known related physical and mental illnesses; involvement of the family and others in treatment or supervision; and a copy of the aftercare agreement.

c) Reports of impaired persons shall be submitted to the Board in a timely manner. The initial report shall be submitted on forms provided by the Division within 60 days after it is determined that a report is necessary under the Act and this Part. Periodic reports (which evidence written documentation of the progress of suspension or rehabilitation) shall thereafter be submitted to the Board every 6 months, commencing with the time of the filing of the initial report. A copy of each report shall be sent by the person making the report to the impaired person.

d) Confidentiality

1) The contents of any report shall be strictly confidential, except as otherwise provided in this subsection, and exempt from public disclosure, but may be reviewed by:

A) Members of the Board or their designees;

B) The Board's designated attorneys;

C) The Division staff;

D) Administrative personnel assigned to open mail containing reports and to process and distribute said reports to authorized persons, and to communicate with senders of reports; and

E) The person who is the subject of the report, his/her attorney or his/her authorized representative (as evidenced by a written authorization signed by the person who is the subject of the report).

2) The reports may also be handled or processed by other designated persons in a limited manner necessary to implement reports required under this Act by computer, word processing equipment or other mechanical means. The data record shall be limited to the name and address of the originator of the report, the date the initial report was received, the date of the most recent report and the professional license number of the subject of the report.

3) The contents of the confidential reports relating to impaired persons shall not be used or made available in any other administrative proceedings before the Division or any other department of State government; however, violations of the treatment or supervision plan will result in a review of the person's status by the Board or its designees for possible discipline or revision in the treatment or supervision plan. Such reports shall not be disclosed, made available or subject to subpoena or discovery proceedings in any civil or criminal court proceedings.

e) Upon a determination by the Board that a report on an impaired person no longer requires review and consideration, the Board shall notify the maker of the report to cease sending such reports and the Board and Division records shall be purged of information contained in the report. Such determinations shall be based on, but not be limited to: the type of impairment, type of rehabilitation program, length of supervision, occurrence of any relapses and present status of license.

f) When any chief administrative or chief executive officer of any health care institution making a report or providing other information to the Board, or assisting the Board concerning an impaired person, acts in good faith and not in a willful and wanton manner, said chief administrative or chief executive officer and the health care institution employing him/her shall not, as a result of such actions, be subject to criminal prosecution or civil damages (Section 23(c) of the Act).

g) The following definitions shall apply to this Section:

1) "Impaired" means the inability to practice podiatric medicine with reasonable skill and safety due to physical or mental disabilities, as evidenced by a written evaluation or clinical evidence that reveals a deterioration of the podiatric physician's ability to deliver competent care due to problems related to aging, loss of motor skill, abuse of drugs or alcohol or mental illness.

2) "Under supervision" means that the performance of the impaired person's clinical privileges and status of the person's impairment is being observed and monitored under the authority of a written directive issued in accordance with a health care institution's or medical staff's bylaws or rules and regulations.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.90 Granting Variances

a) The Director may grant variances from this Part in individual cases when he/she finds that:

1) the provision from which the variance is granted is not statutorily mandated;

2) no party will be injured by the granting of the variance; and

3) the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Board of the granting of the variance, and the reasons for granting the variance, at the next meeting of the Board.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.95 Dishonorable, Unprofessional and Unethical Conduct Standards

a) The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of dishonorable, unprofessional and unethical conduct of a character likely to deceive, defraud or harm the public within the meaning of Section 24 of the Act that is interpreted to include, but is not limited to, the following acts or practices:

1) Practicing or offering to practice beyond one's competency (for example, providing services and techniques for which one is not qualified by education, training and experience);

2) Making gross or deliberate misrepresentations or misleading claims as to his/her professional qualifications or of the efficacy or value of his/her treatments or remedies, or those of another practitioner;

3) Impersonating another person holding a podiatric medical license or allowing another person to use his/her license;

4) Delegating responsibility for delivery of patient care to persons who were not properly supervised or who were not competent to assume such responsibility;

5) Submission of fraudulent claims for services to any health insurance company or health service plan or third party payor.

b) Pursuant to Section 24(9) of the Act, the Division hereby incorporates by reference the "Code of Ethics", Revised 1998, Illinois Podiatric Medical Association, 53 W. Jackson, Chicago, Illinois 60604 and the "Code of Ethics" published in the American Podiatric Medical Association Bylaws, Revised 1988, the American Podiatric Medical Association, 9312 Old Georgetown Road, Bethesda MD 20814, with no later amendments or editions.

(Source: Amended at 30 Ill. Reg. 4704, effective March 1, 2006)

Section 1360.APPENDIX A Curriculum Requirements (Repealed)

Section 1360.APPENDIX A Curriculum Requirements (Repealed)

(Source: Repealed at 13 Ill. Reg. 4234, effective March 21, 1989)

Section 1360.APPENDIX B Clinical Training Requirements (Repealed)

(Source: Repealed at 13 Ill. Reg. 4234, effective March 21, 1989)