Health Care Licenses Committee
Adopted in House Comm. on Mar 17, 2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5991
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5991 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Podiatric Medical Practice Act of 1987 is | ||||||
5 | amended by changing Section 24 and adding Section 24.2 as | ||||||
6 | follows:
| ||||||
7 | (225 ILCS 100/24) (from Ch. 111, par. 4824)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
9 | Sec. 24. Grounds for disciplinary action.
The Department | ||||||
10 | may refuse to issue, may refuse to renew,
may refuse to | ||||||
11 | restore, may suspend, or may revoke any license, or may place
| ||||||
12 | on probation, reprimand or take other disciplinary or | ||||||
13 | non-disciplinary action as the
Department may deem proper, | ||||||
14 | including fines not to exceed $10,000
for each violation upon | ||||||
15 | anyone licensed under this Act for any of the
following | ||||||
16 | reasons:
|
| |||||||
| |||||||
1 | (1) Making a material misstatement in furnishing | ||||||
2 | information
to the
Department.
| ||||||
3 | (2) Violations of this Act, or of the rules or | ||||||
4 | regulations
promulgated
hereunder.
| ||||||
5 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
6 | contendere to any crime that is a felony under the laws of | ||||||
7 | the United States or any state or territory of the United | ||||||
8 | States
that
is a misdemeanor, of which an essential
element | ||||||
9 | is
dishonesty, or of any crime that is directly related to | ||||||
10 | the
practice of the
profession.
| ||||||
11 | (4) Making any misrepresentation for the purpose of | ||||||
12 | obtaining
licenses, or
violating any provision of this Act | ||||||
13 | or the rules promulgated thereunder
pertaining to | ||||||
14 | advertising.
| ||||||
15 | (5) Professional incompetence.
| ||||||
16 | (6) Gross or repeated malpractice or negligence.
| ||||||
17 | (7) Aiding or assisting another person in violating any | ||||||
18 | provision
of this Act or rules.
| ||||||
19 | (8) Failing, within 30 days, to provide information in | ||||||
20 | response
to a written
request made by the Department.
| ||||||
21 | (9) Engaging in dishonorable, unethical or | ||||||
22 | unprofessional conduct
of a
character likely to deceive, | ||||||
23 | defraud or harm the public.
| ||||||
24 | (10) Habitual or excessive use of alcohol, narcotics, | ||||||
25 | stimulants
or other
chemical agent or drug that results in | ||||||
26 | the inability to practice
podiatric
medicine with |
| |||||||
| |||||||
1 | reasonable judgment, skill or safety.
| ||||||
2 | (11) Discipline by another United States jurisdiction | ||||||
3 | if at
least one of
the grounds for the discipline is the | ||||||
4 | same or substantially equivalent to
those set forth in this | ||||||
5 | Section.
| ||||||
6 | (12) Violation of the prohibition against fee | ||||||
7 | splitting in Section 24.2 of this Act. Directly or | ||||||
8 | indirectly giving to or receiving from any
person, firm,
| ||||||
9 | corporation, partnership or association any fee, | ||||||
10 | commission, rebate or
other form of compensation for any | ||||||
11 | professional services not actually or
personally rendered. | ||||||
12 | This shall not be deemed to include rent or other
| ||||||
13 | remunerations paid to an individual, partnership, or | ||||||
14 | corporation, by a
licensee, for the lease, rental or use of | ||||||
15 | space, owned or controlled, by
the individual, partnership | ||||||
16 | or corporation.
| ||||||
17 | (13) A finding by the Podiatric Medical Licensing Board | ||||||
18 | that the
licensee,
after having his
or her
license placed | ||||||
19 | on probationary status, has violated the
terms of | ||||||
20 | probation.
| ||||||
21 | (14) Abandonment of a patient.
| ||||||
22 | (15) Willfully making or filing false records or | ||||||
23 | reports in his
or her practice,
including but not limited | ||||||
24 | to false records filed with state agencies or
departments.
| ||||||
25 | (16) Willfully failing to report an instance of | ||||||
26 | suspected child
abuse or
neglect as required by the Abused |
| |||||||
| |||||||
1 | and Neglected Child Report Act.
| ||||||
2 | (17) Physical illness, mental illness, or other | ||||||
3 | impairment, including but not limited to,
deterioration | ||||||
4 | through
the aging process, or loss of motor skill
that | ||||||
5 | results in the inability to
practice the profession with | ||||||
6 | reasonable judgment, skill or safety.
| ||||||
7 | (18) Solicitation of professional services other than | ||||||
8 | permitted
advertising.
| ||||||
9 | (19) The determination by a circuit court that a | ||||||
10 | licensed
podiatric
physician is subject to involuntary | ||||||
11 | admission or judicial admission as
provided in the Mental | ||||||
12 | Health and Developmental Disabilities Code
operates as an | ||||||
13 | automatic suspension.
Such suspension will end only upon a | ||||||
14 | finding by a court that the
patient is no longer subject to | ||||||
15 | involuntary admission or judicial admission
and issues an | ||||||
16 | order so finding and discharging the patient; and upon the
| ||||||
17 | recommendation of the Podiatric Medical Licensing Board to | ||||||
18 | the Secretary
that the licensee be allowed to resume his or | ||||||
19 | her practice.
| ||||||
20 | (20) Holding oneself out to treat human ailments under | ||||||
21 | any name
other
than his or her own, or the impersonation of | ||||||
22 | any other physician.
| ||||||
23 | (21) Revocation or suspension or other action taken | ||||||
24 | with
respect to a podiatric medical license in
another | ||||||
25 | jurisdiction that would constitute disciplinary action | ||||||
26 | under this
Act.
|
| |||||||
| |||||||
1 | (22) Promotion of the sale of drugs, devices, | ||||||
2 | appliances or
goods
provided for a patient in such manner | ||||||
3 | as to exploit the patient for
financial gain of the | ||||||
4 | podiatric physician.
| ||||||
5 | (23) Gross, willful, and continued overcharging for | ||||||
6 | professional
services
including filing false statements | ||||||
7 | for collection of fees for those
services, including, but | ||||||
8 | not limited to, filing false statement for
collection of | ||||||
9 | monies for services not rendered from the medical | ||||||
10 | assistance
program of the Department of Healthcare and | ||||||
11 | Family Services (formerly
Department of Public Aid) under | ||||||
12 | the Illinois Public Aid Code
or other private or public | ||||||
13 | third party payor.
| ||||||
14 | (24) Being named as a perpetrator in an indicated | ||||||
15 | report by the
Department of Children and Family Services | ||||||
16 | under the Abused and
Neglected Child Reporting Act, and | ||||||
17 | upon
proof by clear and convincing evidence that the | ||||||
18 | licensee has caused a child
to be an abused child or | ||||||
19 | neglected child as defined in the Abused and
Neglected | ||||||
20 | Child Reporting Act.
| ||||||
21 | (25) Willfully making or filing false records or | ||||||
22 | reports in the
practice of podiatric medicine, including, | ||||||
23 | but not limited to, false
records to support claims against | ||||||
24 | the medical assistance program of the
Department of | ||||||
25 | Healthcare and Family Services (formerly Department of | ||||||
26 | Public Aid) under the Illinois Public Aid Code.
|
| |||||||
| |||||||
1 | (26) (Blank).
| ||||||
2 | (27) Immoral conduct in the commission of any act
| ||||||
3 | including,
sexual
abuse, sexual misconduct, or sexual | ||||||
4 | exploitation, related to the licensee's
practice.
| ||||||
5 | (28) Violation of the Health Care Worker Self-Referral | ||||||
6 | Act.
| ||||||
7 | (29) Failure to report to the Department any adverse | ||||||
8 | final action taken
against him or her by another licensing | ||||||
9 | jurisdiction (another state or a
territory of the United | ||||||
10 | States or a foreign state or country) by a peer
review
| ||||||
11 | body, by any health care institution, by a professional | ||||||
12 | society or association
related to practice under this Act, | ||||||
13 | by a governmental agency, by a law
enforcement agency, or | ||||||
14 | by a court for acts or conduct similar to acts or
conduct | ||||||
15 | that would constitute grounds for action as defined in this | ||||||
16 | Section.
| ||||||
17 | The Department may refuse to issue or may suspend the | ||||||
18 | license of any
person who fails to file a return, or to pay the | ||||||
19 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
20 | final assessment of tax, penalty or
interest, as required by | ||||||
21 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
22 | until such time as the requirements of any such tax
Act are | ||||||
23 | satisfied.
| ||||||
24 | Upon receipt of a written
communication from the Secretary | ||||||
25 | of Human Services, the Director of Healthcare and Family | ||||||
26 | Services (formerly Director of
Public Aid), or the Director of |
| |||||||
| |||||||
1 | Public Health that
continuation of practice of a person | ||||||
2 | licensed under
this Act constitutes an immediate danger to the | ||||||
3 | public, the Secretary may
immediately suspend
the license of | ||||||
4 | such person without a hearing. In instances in which the | ||||||
5 | Secretary immediately suspends a license under this Section, a | ||||||
6 | hearing upon
such person's license must be convened by the | ||||||
7 | Board within 15 days after
such suspension and completed | ||||||
8 | without appreciable delay, such hearing held
to determine | ||||||
9 | whether to recommend to the Secretary that the person's license
| ||||||
10 | be revoked, suspended, placed on probationary status or | ||||||
11 | reinstated, or such
person be subject to other disciplinary | ||||||
12 | action. In such hearing, the
written communication and any | ||||||
13 | other evidence submitted therewith may be
introduced as | ||||||
14 | evidence against such person; provided, however, the person
or | ||||||
15 | his counsel shall have the opportunity to discredit or impeach | ||||||
16 | such
evidence and submit evidence rebutting the same.
| ||||||
17 | Except for fraud in procuring a license, all
proceedings to | ||||||
18 | suspend, revoke, place on probationary status, or take
any
| ||||||
19 | other disciplinary action as the Department may deem proper, | ||||||
20 | with regard to a
license on any of the foregoing grounds, must | ||||||
21 | be commenced within 5 years after
receipt by the Department of | ||||||
22 | a complaint alleging the commission of or notice
of the | ||||||
23 | conviction order for any of the acts described in this Section. | ||||||
24 | Except
for the grounds set forth in items (8), (9), (26), and | ||||||
25 | (29) of this Section, no action shall be commenced more than 10 | ||||||
26 | years after
the date of the incident or act alleged to have
|
| |||||||
| |||||||
1 | been a
violation of this Section.
In the event of the | ||||||
2 | settlement of any claim or cause of action in favor of
the | ||||||
3 | claimant or the reduction to final judgment of any civil action | ||||||
4 | in favor of
the plaintiff, such claim, cause of action, or | ||||||
5 | civil action being grounded on
the allegation that a person | ||||||
6 | licensed under this Act was negligent in providing
care, the | ||||||
7 | Department shall have an additional period of 2 years from the | ||||||
8 | date
of notification to the Department under Section 26 of this | ||||||
9 | Act of such
settlement or final judgment in which to | ||||||
10 | investigate and commence formal
disciplinary proceedings under | ||||||
11 | Section 24 of this Act, except as otherwise
provided by law.
| ||||||
12 | The
time during which the holder of the license was outside the | ||||||
13 | State of Illinois
shall not be included within any period of | ||||||
14 | time limiting the commencement of
disciplinary action by the | ||||||
15 | Department.
| ||||||
16 | In enforcing this Section, the Department or Board upon a | ||||||
17 | showing of a
possible
violation may compel an individual | ||||||
18 | licensed to practice under this Act, or
who has applied for | ||||||
19 | licensure under this Act, to submit
to a mental or physical | ||||||
20 | examination, or both, as required by and at the expense
of the | ||||||
21 | Department. The Department or Board may order the examining | ||||||
22 | physician to
present
testimony concerning the mental or | ||||||
23 | physical examination of the licensee or
applicant. No | ||||||
24 | information shall be excluded by reason of any common law or
| ||||||
25 | statutory privilege relating to communications between the | ||||||
26 | licensee or
applicant and the examining physician. The |
| |||||||
| |||||||
1 | examining
physicians
shall be specifically designated by the | ||||||
2 | Board or Department.
The individual to be examined may have, at | ||||||
3 | his or her own expense, another
physician of his or her choice | ||||||
4 | present during all
aspects of this examination. Failure of an | ||||||
5 | individual to submit to a mental
or
physical examination, when | ||||||
6 | directed, shall be grounds for suspension of his or
her
license | ||||||
7 | until the individual submits to the examination if the | ||||||
8 | Department
finds,
after notice and hearing, that the refusal to | ||||||
9 | submit to the examination was
without reasonable cause.
| ||||||
10 | If the Department or Board finds an individual unable to | ||||||
11 | practice because of
the
reasons
set forth in this Section, the | ||||||
12 | Department or Board may require that individual
to submit
to
| ||||||
13 | care, counseling, or treatment by physicians approved
or | ||||||
14 | designated by the Department or Board, as a condition, term, or | ||||||
15 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
16 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
17 | Department may file, or
the Board may recommend to the | ||||||
18 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
19 | or otherwise discipline the license of the individual.
An | ||||||
20 | individual whose
license was granted, continued, reinstated, | ||||||
21 | renewed, disciplined or supervised
subject to such terms, | ||||||
22 | conditions, or restrictions, and who fails to comply
with
such | ||||||
23 | terms, conditions, or restrictions, shall be referred to the | ||||||
24 | Secretary for
a
determination as to whether the individual | ||||||
25 | shall have his or her license
suspended immediately, pending a | ||||||
26 | hearing by the Department.
|
| |||||||
| |||||||
1 | In instances in which the Secretary immediately suspends a | ||||||
2 | person's license
under this Section, a hearing on that person's | ||||||
3 | license must be convened by
the Department within 30 days after | ||||||
4 | the suspension and completed without
appreciable
delay.
The | ||||||
5 | Department and Board shall have the authority to review the | ||||||
6 | subject
individual's record of
treatment and counseling | ||||||
7 | regarding the impairment to the extent permitted by
applicable | ||||||
8 | federal statutes and regulations safeguarding the | ||||||
9 | confidentiality of
medical records.
| ||||||
10 | An individual licensed under this Act and affected under | ||||||
11 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
12 | the Department or Board that he or
she can resume
practice in | ||||||
13 | compliance with acceptable and prevailing standards under the
| ||||||
14 | provisions of his or her license.
| ||||||
15 | (Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
| ||||||
16 | (225 ILCS 100/24.2 new) | ||||||
17 | (Section scheduled to be repealed on January 1, 2018) | ||||||
18 | Sec. 24.2. Prohibition against fee splitting. | ||||||
19 | (a) A licensee under this Act may not directly or | ||||||
20 | indirectly divide, share, or split any professional fee or | ||||||
21 | other form of compensation for professional services with | ||||||
22 | anyone in exchange for a referral or otherwise, other than as | ||||||
23 | provided in this Section 24.2. | ||||||
24 | (b) Nothing contained in this Section abrogates the right | ||||||
25 | of 2 or more licensed health care workers as defined in the |
| |||||||
| |||||||
1 | Health Care Worker Self-Referral Act to each receive adequate | ||||||
2 | compensation for concurrently rendering services to a patient | ||||||
3 | and to divide the fee for such service, whether or not the | ||||||
4 | worker is employed, provided that the patient has full | ||||||
5 | knowledge of the division and the division is made in | ||||||
6 | proportion to the actual services personally performed and | ||||||
7 | responsibility assumed by each licensee consistent with his or | ||||||
8 | her license, except as prohibited by law. | ||||||
9 | (c) Nothing contained in this Section prohibits a licensee | ||||||
10 | under this Act from practicing podiatry through or within any | ||||||
11 | form of legal entity authorized to conduct business in this | ||||||
12 | State or from pooling, sharing, dividing, or apportioning the | ||||||
13 | professional fees and other revenues in accordance with the | ||||||
14 | agreements and policies of the entity provided: | ||||||
15 | (1) each owner of the entity is licensed under this
| ||||||
16 | Act; or | ||||||
17 | (2) the entity is organized under the Professional
| ||||||
18 | Services Corporation Act, the Professional Association | ||||||
19 | Act, or the Limited Liability Company Act; or | ||||||
20 | (3) the entity is allowed by Illinois law to provide
| ||||||
21 | podiatry services or employ podiatrists such as a licensed | ||||||
22 | hospital or hospital affiliate or licensed ambulatory | ||||||
23 | surgical treatment center owned in full or in part by | ||||||
24 | Illinois-licensed physicians; or | ||||||
25 | (4) the entity is a combination or joint venture of
the | ||||||
26 | entities authorized under this subsection (c). |
| |||||||
| |||||||
1 | (d) Nothing contained in this Section prohibits a
licensee | ||||||
2 | under this Act from paying a fair market value fee to any | ||||||
3 | person or entity whose purpose is to perform billing, | ||||||
4 | administrative preparation, or collection services based upon | ||||||
5 | a percentage of professional service fees billed or collected, | ||||||
6 | a flat fee, or any other arrangement that directly or | ||||||
7 | indirectly divides professional fees, for the administrative | ||||||
8 | preparation of the licensee's claims or the collection of the | ||||||
9 | licensee's charges for professional services, provided that: | ||||||
10 | (1) the licensee or the licensee's practice under
| ||||||
11 | subsection (c) of this Section at all times controls the | ||||||
12 | amount of fees charged and collected; and | ||||||
13 | (2) all charges collected are paid directly to the
| ||||||
14 | licensee or the licensee's practice or are deposited | ||||||
15 | directly into an account in the name of and under the sole | ||||||
16 | control of the licensee or the licensee's practice or | ||||||
17 | deposited into a "Trust Account" by a licensed collection | ||||||
18 | agency in accordance with the requirements of Section 8(c) | ||||||
19 | of the Illinois Collection Agency Act. | ||||||
20 | (e) Nothing contained in this Section prohibits the
| ||||||
21 | granting of a security interest in the accounts receivable or | ||||||
22 | fees of a licensee under this Act or the licensee's practice | ||||||
23 | for bona fide advances made to the licensee or licensee's | ||||||
24 | practice provided the licensee retains control and | ||||||
25 | responsibility for the collection of the accounts receivable | ||||||
26 | and fees. |
| |||||||
| |||||||
1 | (f) Excluding payments that may be made to the owners of
or | ||||||
2 | licensees in the licensee's practice under subsection (c) of | ||||||
3 | this Section, a licensee under this Act may not divide, share | ||||||
4 | or split a professional service fee with, or otherwise directly | ||||||
5 | or indirectly pay a percentage of the licensee's professional | ||||||
6 | service fees, revenues or profits to anyone for: (i) the | ||||||
7 | marketing or management of the licensee's practice, (ii) | ||||||
8 | including the licensee or the licensee's practice on any | ||||||
9 | preferred provider list, (iii) allowing the licensee to | ||||||
10 | participate in any network of health care providers, (iv) | ||||||
11 | negotiating fees, charges or terms of service or payment on | ||||||
12 | behalf of the licensee, or (v) including the licensee in a | ||||||
13 | program whereby patients or beneficiaries are provided an | ||||||
14 | incentive to use the services of the licensee. | ||||||
15 | (g) Nothing contained in this Section prohibits the
payment | ||||||
16 | of rent or other remunerations paid to an individual, | ||||||
17 | partnership, or corporation by a licensee for the lease, | ||||||
18 | rental, or use of space, owned or controlled by the individual, | ||||||
19 | partnership, corporation, or association. | ||||||
20 | (h) Nothing contained in this Section prohibits the | ||||||
21 | payment, at no more than fair market value, to an individual, | ||||||
22 | partnership, or corporation by a licensee for the use of staff, | ||||||
23 | administrative services, franchise agreements, marketing | ||||||
24 | required by franchise agreements, or equipment owned or | ||||||
25 | controlled by the individual, partnership, or corporation, or | ||||||
26 | the receipt thereof by a licensee. ".
|