Full Text of HB5991 96th General Assembly
HB5991enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Podiatric Medical Practice Act of 1987 is | 5 |
| amended by changing Section 24 and adding Section 24.2 as | 6 |
| follows:
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| (225 ILCS 100/24) (from Ch. 111, par. 4824)
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| (Section scheduled to be repealed on January 1, 2018)
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| 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
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| 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:
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| (1) Making a material misstatement in furnishing | 18 |
| information
to the
Department.
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| (2) Violations of this Act, or of the rules or | 20 |
| regulations
promulgated
hereunder.
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| (3) Conviction of or entry of a plea of guilty or nolo | 22 |
| contendere to any crime that is a felony under the laws of | 23 |
| the United States or any state or territory of the United |
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| States
that
is a misdemeanor, of which an essential
element | 2 |
| is
dishonesty, or of any crime that is directly related to | 3 |
| the
practice of the
profession.
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| (4) Making any misrepresentation for the purpose of | 5 |
| obtaining
licenses, or
violating any provision of this Act | 6 |
| or the rules promulgated thereunder
pertaining to | 7 |
| advertising.
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| (5) Professional incompetence.
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| (6) Gross or repeated malpractice or negligence.
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| (7) Aiding or assisting another person in violating any | 11 |
| provision
of this Act or rules.
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| (8) Failing, within 30 days, to provide information in | 13 |
| response
to a written
request made by the Department.
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| (9) Engaging in dishonorable, unethical or | 15 |
| unprofessional conduct
of a
character likely to deceive, | 16 |
| defraud or harm the public.
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| (10) Habitual or excessive use of alcohol, narcotics, | 18 |
| stimulants
or other
chemical agent or drug that results in | 19 |
| the inability to practice
podiatric
medicine with | 20 |
| reasonable judgment, skill or safety.
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| (11) Discipline by another United States jurisdiction | 22 |
| if at
least one of
the grounds for the discipline is the | 23 |
| same or substantially equivalent to
those set forth in this | 24 |
| Section.
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| (12) Violation of the prohibition against fee | 26 |
| splitting in Section 24.2 of this Act. Directly or |
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| indirectly giving to or receiving from any
person, firm,
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| corporation, partnership or association any fee, | 3 |
| commission, rebate or
other form of compensation for any | 4 |
| professional services not actually or
personally rendered. | 5 |
| This shall not be deemed to include rent or other
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| remunerations paid to an individual, partnership, or | 7 |
| corporation, by a
licensee, for the lease, rental or use of | 8 |
| space, owned or controlled, by
the individual, partnership | 9 |
| or corporation.
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| (13) A finding by the Podiatric Medical Licensing Board | 11 |
| that the
licensee,
after having his
or her
license placed | 12 |
| on probationary status, has violated the
terms of | 13 |
| probation.
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| (14) Abandonment of a patient.
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| (15) Willfully making or filing false records or | 16 |
| reports in his
or her practice,
including but not limited | 17 |
| to false records filed with state agencies or
departments.
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| (16) Willfully failing to report an instance of | 19 |
| suspected child
abuse or
neglect as required by the Abused | 20 |
| and Neglected Child Report Act.
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| (17) Physical illness, mental illness, or other | 22 |
| impairment, including but not limited to,
deterioration | 23 |
| through
the aging process, or loss of motor skill
that | 24 |
| results in the inability to
practice the profession with | 25 |
| reasonable judgment, skill or safety.
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| (18) Solicitation of professional services other than |
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| permitted
advertising.
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| (19) The determination by a circuit court that a | 3 |
| licensed
podiatric
physician is subject to involuntary | 4 |
| admission or judicial admission as
provided in the Mental | 5 |
| Health and Developmental Disabilities Code
operates as an | 6 |
| automatic suspension.
Such suspension will end only upon a | 7 |
| finding by a court that the
patient is no longer subject to | 8 |
| involuntary admission or judicial admission
and issues an | 9 |
| order so finding and discharging the patient; and upon the
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| recommendation of the Podiatric Medical Licensing Board to | 11 |
| the Secretary
that the licensee be allowed to resume his or | 12 |
| her practice.
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| (20) Holding oneself out to treat human ailments under | 14 |
| any name
other
than his or her own, or the impersonation of | 15 |
| any other physician.
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| (21) Revocation or suspension or other action taken | 17 |
| with
respect to a podiatric medical license in
another | 18 |
| jurisdiction that would constitute disciplinary action | 19 |
| under this
Act.
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| (22) Promotion of the sale of drugs, devices, | 21 |
| appliances or
goods
provided for a patient in such manner | 22 |
| as to exploit the patient for
financial gain of the | 23 |
| podiatric physician.
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| (23) Gross, willful, and continued overcharging for | 25 |
| professional
services
including filing false statements | 26 |
| for collection of fees for those
services, including, but |
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| not limited to, filing false statement for
collection of | 2 |
| monies for services not rendered from the medical | 3 |
| assistance
program of the Department of Healthcare and | 4 |
| Family Services (formerly
Department of Public Aid) under | 5 |
| the Illinois Public Aid Code
or other private or public | 6 |
| third party payor.
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| (24) Being named as a perpetrator in an indicated | 8 |
| report by the
Department of Children and Family Services | 9 |
| under the Abused and
Neglected Child Reporting Act, and | 10 |
| upon
proof by clear and convincing evidence that the | 11 |
| licensee has caused a child
to be an abused child or | 12 |
| neglected child as defined in the Abused and
Neglected | 13 |
| Child Reporting Act.
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| (25) Willfully making or filing false records or | 15 |
| reports in the
practice of podiatric medicine, including, | 16 |
| but not limited to, false
records to support claims against | 17 |
| the medical assistance program of the
Department of | 18 |
| Healthcare and Family Services (formerly Department of | 19 |
| Public Aid) under the Illinois Public Aid Code.
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| (26) (Blank).
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| (27) Immoral conduct in the commission of any act
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| including,
sexual
abuse, sexual misconduct, or sexual | 23 |
| exploitation, related to the licensee's
practice.
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| (28) Violation of the Health Care Worker Self-Referral | 25 |
| Act.
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| (29) Failure to report to the Department any adverse |
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| final action taken
against him or her by another licensing | 2 |
| jurisdiction (another state or a
territory of the United | 3 |
| States or a foreign state or country) by a peer
review
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| body, by any health care institution, by a professional | 5 |
| society or association
related to practice under this Act, | 6 |
| by a governmental agency, by a law
enforcement agency, or | 7 |
| by a court for acts or conduct similar to acts or
conduct | 8 |
| that would constitute grounds for action as defined in this | 9 |
| Section.
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| The Department may refuse to issue or may suspend the | 11 |
| license of any
person who fails to file a return, or to pay the | 12 |
| tax, penalty or interest
shown in a filed return, or to pay any | 13 |
| final assessment of tax, penalty or
interest, as required by | 14 |
| any tax Act administered by the Illinois
Department of Revenue, | 15 |
| until such time as the requirements of any such tax
Act are | 16 |
| satisfied.
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| Upon receipt of a written
communication from the Secretary | 18 |
| of Human Services, the Director of Healthcare and Family | 19 |
| Services (formerly Director of
Public Aid), or the Director of | 20 |
| Public Health that
continuation of practice of a person | 21 |
| licensed under
this Act constitutes an immediate danger to the | 22 |
| public, the Secretary may
immediately suspend
the license of | 23 |
| such person without a hearing. In instances in which the | 24 |
| Secretary immediately suspends a license under this Section, a | 25 |
| hearing upon
such person's license must be convened by the | 26 |
| Board within 15 days after
such suspension and completed |
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| without appreciable delay, such hearing held
to determine | 2 |
| whether to recommend to the Secretary that the person's license
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| be revoked, suspended, placed on probationary status or | 4 |
| reinstated, or such
person be subject to other disciplinary | 5 |
| action. In such hearing, the
written communication and any | 6 |
| other evidence submitted therewith may be
introduced as | 7 |
| evidence against such person; provided, however, the person
or | 8 |
| his counsel shall have the opportunity to discredit or impeach | 9 |
| such
evidence and submit evidence rebutting the same.
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| Except for fraud in procuring a license, all
proceedings to | 11 |
| suspend, revoke, place on probationary status, or take
any
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| other disciplinary action as the Department may deem proper, | 13 |
| with regard to a
license on any of the foregoing grounds, must | 14 |
| be commenced within 5 years after
receipt by the Department of | 15 |
| a complaint alleging the commission of or notice
of the | 16 |
| conviction order for any of the acts described in this Section. | 17 |
| Except
for the grounds set forth in items (8), (9), (26), and | 18 |
| (29) of this Section, no action shall be commenced more than 10 | 19 |
| years after
the date of the incident or act alleged to have
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| been a
violation of this Section.
In the event of the | 21 |
| settlement of any claim or cause of action in favor of
the | 22 |
| claimant or the reduction to final judgment of any civil action | 23 |
| in favor of
the plaintiff, such claim, cause of action, or | 24 |
| civil action being grounded on
the allegation that a person | 25 |
| licensed under this Act was negligent in providing
care, the | 26 |
| Department shall have an additional period of 2 years from the |
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| date
of notification to the Department under Section 26 of this | 2 |
| Act of such
settlement or final judgment in which to | 3 |
| investigate and commence formal
disciplinary proceedings under | 4 |
| Section 24 of this Act, except as otherwise
provided by law.
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| The
time during which the holder of the license was outside the | 6 |
| State of Illinois
shall not be included within any period of | 7 |
| time limiting the commencement of
disciplinary action by the | 8 |
| Department.
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| In enforcing this Section, the Department or Board upon a | 10 |
| showing of a
possible
violation may compel an individual | 11 |
| licensed to practice under this Act, or
who has applied for | 12 |
| licensure under this Act, to submit
to a mental or physical | 13 |
| examination, or both, as required by and at the expense
of the | 14 |
| Department. The Department or Board may order the examining | 15 |
| physician to
present
testimony concerning the mental or | 16 |
| physical examination of the licensee or
applicant. No | 17 |
| information shall be excluded by reason of any common law or
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| statutory privilege relating to communications between the | 19 |
| licensee or
applicant and the examining physician. The | 20 |
| examining
physicians
shall be specifically designated by the | 21 |
| Board or Department.
The individual to be examined may have, at | 22 |
| his or her own expense, another
physician of his or her choice | 23 |
| present during all
aspects of this examination. Failure of an | 24 |
| individual to submit to a mental
or
physical examination, when | 25 |
| directed, shall be grounds for suspension of his or
her
license | 26 |
| until the individual submits to the examination if the |
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| Department
finds,
after notice and hearing, that the refusal to | 2 |
| submit to the examination was
without reasonable cause.
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| If the Department or Board finds an individual unable to | 4 |
| practice because of
the
reasons
set forth in this Section, the | 5 |
| Department or Board may require that individual
to submit
to
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| care, counseling, or treatment by physicians approved
or | 7 |
| designated by the Department or Board, as a condition, term, or | 8 |
| restriction
for continued,
reinstated, or
renewed licensure to | 9 |
| practice; or, in lieu of care, counseling, or treatment,
the | 10 |
| Department may file, or
the Board may recommend to the | 11 |
| Department to file, a complaint to immediately
suspend, revoke, | 12 |
| or otherwise discipline the license of the individual.
An | 13 |
| individual whose
license was granted, continued, reinstated, | 14 |
| renewed, disciplined or supervised
subject to such terms, | 15 |
| conditions, or restrictions, and who fails to comply
with
such | 16 |
| terms, conditions, or restrictions, shall be referred to the | 17 |
| Secretary for
a
determination as to whether the individual | 18 |
| shall have his or her license
suspended immediately, pending a | 19 |
| hearing by the Department.
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| In instances in which the Secretary immediately suspends a | 21 |
| person's license
under this Section, a hearing on that person's | 22 |
| license must be convened by
the Department within 30 days after | 23 |
| the suspension and completed without
appreciable
delay.
The | 24 |
| Department and Board shall have the authority to review the | 25 |
| subject
individual's record of
treatment and counseling | 26 |
| regarding the impairment to the extent permitted by
applicable |
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| federal statutes and regulations safeguarding the | 2 |
| confidentiality of
medical records.
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| An individual licensed under this Act and affected under | 4 |
| this Section shall
be
afforded an opportunity to demonstrate to | 5 |
| the Department or Board that he or
she can resume
practice in | 6 |
| compliance with acceptable and prevailing standards under the
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| provisions of his or her license.
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| (Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
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| (225 ILCS 100/24.2 new) | 10 |
| (Section scheduled to be repealed on January 1, 2018) | 11 |
| Sec. 24.2. Prohibition against fee splitting. | 12 |
| (a) A licensee under this Act may not directly or | 13 |
| indirectly divide, share, or split any professional fee or | 14 |
| other form of compensation for professional services with | 15 |
| anyone in exchange for a referral or otherwise, other than as | 16 |
| provided in this Section 24.2. | 17 |
| (b) Nothing contained in this Section abrogates the right | 18 |
| of 2 or more licensed health care workers as defined in the | 19 |
| Health Care Worker Self-Referral Act to each receive adequate | 20 |
| compensation for concurrently rendering services to a patient | 21 |
| and to divide the fee for such service, whether or not the | 22 |
| worker is employed, provided that the patient has full | 23 |
| knowledge of the division and the division is made in | 24 |
| proportion to the actual services personally performed and | 25 |
| responsibility assumed by each licensee consistent with his or |
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| her license, except as prohibited by law. | 2 |
| (c) Nothing contained in this Section prohibits a licensee | 3 |
| under this Act from practicing podiatry through or within any | 4 |
| form of legal entity authorized to conduct business in this | 5 |
| State or from pooling, sharing, dividing, or apportioning the | 6 |
| professional fees and other revenues in accordance with the | 7 |
| agreements and policies of the entity provided: | 8 |
| (1) each owner of the entity is licensed under this
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| Act; or | 10 |
| (2) the entity is organized under the Professional
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| Services Corporation Act, the Professional Association | 12 |
| Act, or the Limited Liability Company Act; or | 13 |
| (3) the entity is allowed by Illinois law to provide
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| podiatry services or employ podiatrists such as a licensed | 15 |
| hospital or hospital affiliate or licensed ambulatory | 16 |
| surgical treatment center owned in full or in part by | 17 |
| Illinois-licensed physicians; or | 18 |
| (4) the entity is a combination or joint venture of
the | 19 |
| entities authorized under this subsection (c). | 20 |
| (d) Nothing contained in this Section prohibits a
licensee | 21 |
| under this Act from paying a fair market value fee to any | 22 |
| person or entity whose purpose is to perform billing, | 23 |
| administrative preparation, or collection services based upon | 24 |
| a percentage of professional service fees billed or collected, | 25 |
| a flat fee, or any other arrangement that directly or | 26 |
| indirectly divides professional fees, for the administrative |
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| preparation of the licensee's claims or the collection of the | 2 |
| licensee's charges for professional services, provided that: | 3 |
| (1) the licensee or the licensee's practice under
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| subsection (c) of this Section at all times controls the | 5 |
| amount of fees charged and collected; and | 6 |
| (2) all charges collected are paid directly to the
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| licensee or the licensee's practice or are deposited | 8 |
| directly into an account in the name of and under the sole | 9 |
| control of the licensee or the licensee's practice or | 10 |
| deposited into a "Trust Account" by a licensed collection | 11 |
| agency in accordance with the requirements of Section 8(c) | 12 |
| of the Illinois Collection Agency Act. | 13 |
| (e) Nothing contained in this Section prohibits the
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| granting of a security interest in the accounts receivable or | 15 |
| fees of a licensee under this Act or the licensee's practice | 16 |
| for bona fide advances made to the licensee or licensee's | 17 |
| practice provided the licensee retains control and | 18 |
| responsibility for the collection of the accounts receivable | 19 |
| and fees. | 20 |
| (f) Excluding payments that may be made to the owners of
or | 21 |
| licensees in the licensee's practice under subsection (c) of | 22 |
| this Section, a licensee under this Act may not divide, share | 23 |
| or split a professional service fee with, or otherwise directly | 24 |
| or indirectly pay a percentage of the licensee's professional | 25 |
| service fees, revenues or profits to anyone for: (i) the | 26 |
| marketing or management of the licensee's practice, (ii) |
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| including the licensee or the licensee's practice on any | 2 |
| preferred provider list, (iii) allowing the licensee to | 3 |
| participate in any network of health care providers, (iv) | 4 |
| negotiating fees, charges or terms of service or payment on | 5 |
| behalf of the licensee, or (v) including the licensee in a | 6 |
| program whereby patients or beneficiaries are provided an | 7 |
| incentive to use the services of the licensee. | 8 |
| (g) Nothing contained in this Section prohibits the
payment | 9 |
| of rent or other remunerations paid to an individual, | 10 |
| partnership, or corporation by a licensee for the lease, | 11 |
| rental, or use of space, owned or controlled by the individual, | 12 |
| partnership, corporation, or association. | 13 |
| (h) Nothing contained in this Section prohibits the | 14 |
| payment, at no more than fair market value, to an individual, | 15 |
| partnership, or corporation by a licensee for the use of staff, | 16 |
| administrative services, franchise agreements, marketing | 17 |
| required by franchise agreements, or equipment owned or | 18 |
| controlled by the individual, partnership, or corporation, or | 19 |
| the receipt thereof by a licensee. |
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