Full Text of HB3450 100th General Assembly
HB3450sam001 100TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 5/22/2017
| | 10000HB3450sam001 | | LRB100 05735 SMS 26715 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3450
| 2 | | AMENDMENT NO. ______. Amend House Bill 3450 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. |
| | | 10000HB3450sam001 | - 2 - | LRB100 05735 SMS 26715 a |
|
| 1 | | The Pharmacy Practice Act. | 2 | | The Home Medical Equipment and Services Provider License | 3 | | Act. | 4 | | The Marriage and Family Therapy Licensing Act. | 5 | | The Nursing Home Administrators Licensing and Disciplinary | 6 | | Act. | 7 | | The Physician Assistant Practice Act of 1987. | 8 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 9 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 10 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 11 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 12 | | 96-328, eff. 8-11-09.) | 13 | | (5 ILCS 80/4.38 new) | 14 | | Sec. 4.38. Acts repealed on January 1, 2028. The following | 15 | | Acts are repealed on January 1, 2028: | 16 | | The Home Medical Equipment and Services Provider License | 17 | | Act. | 18 | | The Podiatric Medical Practice Act of 1987. | 19 | | Section 10. The Home Medical Equipment and Services | 20 | | Provider License Act is amended by changing Sections 10, 15, | 21 | | 20, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by | 22 | | adding Sections 13 and 185 as follows:
| 23 | | (225 ILCS 51/10)
|
| | | 10000HB3450sam001 | - 3 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 10. Definitions. As used in this Act:
| 3 | | (1) "Department" means the Department of Financial and
| 4 | | Professional
Regulation.
| 5 | | (2) "Secretary"
means the Secretary
of Financial and | 6 | | Professional Regulation.
| 7 | | (3) "Board" means the Home Medical Equipment and
| 8 | | Services Board.
| 9 | | (4) "Home medical equipment and services provider" or | 10 | | "provider" means a
legal
entity, as defined by State law, | 11 | | engaged in the business of
providing home medical equipment | 12 | | and services, whether directly
or through a contractual | 13 | | arrangement, to an unrelated sick individual or an | 14 | | unrelated individual with a disability where that | 15 | | individual resides.
| 16 | | (5) "Home medical equipment and services" means the | 17 | | delivery,
installation, maintenance, replacement, or | 18 | | instruction in
the use of medical equipment used by a sick | 19 | | individual or an individual with a disability to allow the | 20 | | individual to be maintained in his or her
residence.
| 21 | | (6) "Home medical equipment" means technologically | 22 | | sophisticated
medical devices,
apparatuses, machines, or | 23 | | other similar articles
bearing a label that states | 24 | | "Caution: federal law requires dispensing by or on
the | 25 | | order of a physician.", which are
usable in a home care | 26 | | setting, including but not
limited to:
|
| | | 10000HB3450sam001 | - 4 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (A) oxygen and oxygen delivery systems;
| 2 | | (B) ventilators;
| 3 | | (C) respiratory disease management devices, | 4 | | excluding compressor driven
nebulizers;
| 5 | | (D) wheelchair seating systems;
| 6 | | (E) apnea monitors;
| 7 | | (F) transcutaneous electrical nerve stimulator | 8 | | (TENS) units;
| 9 | | (G) low air-loss cutaneous pressure management | 10 | | devices;
| 11 | | (H) sequential compression devices;
| 12 | | (I) neonatal home phototherapy devices;
| 13 | | (J) enteral feeding pumps; and
| 14 | | (K) other similar equipment as defined by the | 15 | | Board.
| 16 | | "Home medical equipment" also includes hospital beds | 17 | | and electronic and
computer-driven wheelchairs, excluding | 18 | | scooters.
| 19 | | (7) "Address of record" means the designated address | 20 | | recorded by the Department in the applicant's or licensee's | 21 | | application file or license file maintained by the | 22 | | Department's licensure maintenance unit. It is the duty of | 23 | | the applicant or licensee to inform the Department of any | 24 | | change of address, and such changes must be made either | 25 | | through the Department's website or by contacting the | 26 | | Department's licensure maintenance unit.
|
| | | 10000HB3450sam001 | - 5 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (8) "Email address of record" means the designated | 2 | | email address recorded by the Department in the applicant's | 3 | | application file or the licensee's license file, as | 4 | | maintained by the Department's licensure maintenance unit. | 5 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 6 | | (225 ILCS 51/13 new) | 7 | | Sec. 13. Address of record; email address of record. All | 8 | | applicants and licensees shall: | 9 | | (1) provide a valid address and email address to the | 10 | | Department, which shall serve as the address of record and | 11 | | email address of record, respectively, at the time of | 12 | | application for licensure or renewal of a license; and | 13 | | (2) inform the Department of any change of address of | 14 | | record or email address of record within 14 days after such | 15 | | change either through the Department's website or by | 16 | | contacting the Department's licensure maintenance unit.
| 17 | | (225 ILCS 51/15)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 15. Licensure requirement; exempt activities.
| 20 | | (a) No entity shall provide or hold itself out as providing | 21 | | home medical
equipment and
services, or
use the title "home | 22 | | medical equipment and services provider" in connection with
his | 23 | | or her profession or business,
without a license issued by the | 24 | | Department under this Act.
|
| | | 10000HB3450sam001 | - 6 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (b) Nothing in this Act shall be construed as preventing or
| 2 | | restricting the practices, services, or activities of the | 3 | | following, unless
those practices, services, or activities | 4 | | include providing home medical
equipment and services through a | 5 | | separate
legal entity:
| 6 | | (1) a person licensed or registered in this State by | 7 | | any other
law engaging in the profession or occupation for | 8 | | which he or
she is licensed or registered;
| 9 | | (2) a home medical services provider entity that is | 10 | | accredited under home
care standards by a recognized | 11 | | accrediting body;
| 12 | | (3) home health agencies that do not have a Part B | 13 | | Medicare supplier
number or that do not engage in the | 14 | | provision of home medical equipment and
services;
| 15 | | (4) hospitals, excluding hospital-owned and | 16 | | hospital-related providers
of home medical equipment and | 17 | | services;
| 18 | | (5) manufacturers and wholesale distributors of home | 19 | | medical equipment who
do not sell directly to a patient;
| 20 | | (6) health care practitioners who lawfully prescribe | 21 | | or
order home medical equipment and services, or who use | 22 | | home
medical equipment and services to treat their | 23 | | patients, including
but not limited to physicians, nurses, | 24 | | physical therapists,
respiratory therapists, occupational | 25 | | therapists, speech-language
pathologists, optometrists, | 26 | | chiropractors, and podiatric physicians;
|
| | | 10000HB3450sam001 | - 7 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (7) pharmacists, pharmacies, and home infusion | 2 | | pharmacies that are not
engaged in the sale or
rental of | 3 | | home medical equipment and services;
| 4 | | (8) hospice programs that do not involve the sale or | 5 | | rental of
home medical equipment and services;
| 6 | | (9) nursing homes;
| 7 | | (10) veterinarians;
| 8 | | (11) dentists; and
| 9 | | (12) emergency medical service providers.
| 10 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 11 | | (225 ILCS 51/20)
| 12 | | (Section scheduled to be repealed on January 1, 2018)
| 13 | | Sec. 20. Powers and duties of the Department.
| 14 | | (a) The Department shall exercise the powers and duties
| 15 | | prescribed by the Civil Administrative Code of Illinois for the
| 16 | | administration of licensure Acts and shall exercise other
| 17 | | powers and duties necessary for effectuating the purposes of | 18 | | this
Act.
| 19 | | (b) The Department may adopt rules to administer and | 20 | | enforce
this Act, including but not limited to fees for | 21 | | original licensure and
renewal and restoration of licenses,
and | 22 | | may
prescribe forms to be issued to implement this Act.
At a | 23 | | minimum, the rules adopted by the Department shall include | 24 | | standards and
criteria for
licensure and
for professional | 25 | | conduct and discipline. The Department may shall
consult with |
| | | 10000HB3450sam001 | - 8 - | LRB100 05735 SMS 26715 a |
|
| 1 | | the Board in adopting rules. Notice of proposed
rulemaking | 2 | | shall be transmitted to the Board, and the Department
shall | 3 | | review the Board's response and any recommendations made
in the | 4 | | response. The Department shall notify the Board in writing with
| 5 | | proper explanation of deviations from the Board's | 6 | | recommendations
and response.
| 7 | | (c) The Department may at any time seek the advice and
| 8 | | expert knowledge of the Board on any matter relating to the
| 9 | | administration of this Act.
| 10 | | (d) (Blank).
| 11 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 12 | | (225 ILCS 51/25)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 25. Home Medical Equipment and Services Board. The | 15 | | Secretary
shall appoint
a Home Medical Equipment and Services | 16 | | Board, in
consultation with a state association representing | 17 | | the home
medical equipment and services industry,
to serve in | 18 | | an advisory capacity to the Secretary. The Board shall consist | 19 | | of 7
members. Four
members shall be home medical equipment and | 20 | | services provider
representatives, at least one of
whom shall | 21 | | be a
pharmacy-based provider. The 3 remaining members shall | 22 | | include one
home care clinical specialist, one respiratory care | 23 | | practitioner,
and one public member. The public member shall | 24 | | not be engaged in any way, directly or indirectly, as a | 25 | | provider of health care.
|
| | | 10000HB3450sam001 | - 9 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Members shall serve 4-year 4 year terms and until their | 2 | | successors are
appointed and qualified.
No member shall be | 3 | | reappointed to the Board for
a term that would cause continuous | 4 | | service on the Board to exceed 8 years.
Appointments to fill | 5 | | vacancies shall be made in the same
manner as original | 6 | | appointments, for the unexpired portion of the
vacated term.
| 7 | | The home medical equipment and services provider | 8 | | representatives appointed
to the Board shall have engaged in | 9 | | the provision of home medical
equipment and services or related | 10 | | home care services for at least
3 years prior to their | 11 | | appointment, shall be currently
engaged in providing home | 12 | | medical equipment and services
in the State of Illinois, and | 13 | | must have no
record of convictions related to fraud or abuse | 14 | | under either
State or federal law.
| 15 | | The membership of the Board should reasonably reflect
| 16 | | representation from the geographic areas in this State.
| 17 | | The Board shall annually elect one of its members as | 18 | | chairperson and vice
chairperson.
| 19 | | Each Board member shall be paid his or her necessary | 20 | | expenses while engaged in the performance of his or her duties. | 21 | | Members of the Board shall receive as compensation a reasonable | 22 | | sum as
determined by the Secretary
for each day actually | 23 | | engaged in the duties of the
office, and shall be reimbursed | 24 | | for authorized expenses
incurred in performing the duties of | 25 | | the office.
| 26 | | The Secretary
may terminate the appointment of any member |
| | | 10000HB3450sam001 | - 10 - | LRB100 05735 SMS 26715 a |
|
| 1 | | for
cause which in the opinion of the Secretary
reasonably | 2 | | justifies
the termination. The Secretary shall be the sole | 3 | | arbiter of whether the cause reasonably justifies termination.
| 4 | | Members of the Board shall be immune from suit in an action | 5 | | based upon
any disciplinary proceedings or other activities | 6 | | performed in good faith as
members of the Board.
| 7 | | A majority of Board members currently appointed shall | 8 | | constitute a quorum.
A vacancy in the membership of the Board | 9 | | shall not impair the rights of a
quorum
to exercise the rights | 10 | | and perform all of the duties of the Board.
| 11 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 12 | | (225 ILCS 51/30)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 30. Application for original licensure. Applications
| 15 | | for original licensure shall be made to the Department in | 16 | | writing or electronically
and signed by the applicant on forms | 17 | | prescribed by the Department or by electronic form and shall be
| 18 | | accompanied by
a nonrefundable fee set by rule of the | 19 | | Department.
The Department may require from an applicant | 20 | | information that, in its judgment,
will enable the Department | 21 | | to pass on the
qualifications of the applicant for licensure.
| 22 | | An applicant has 3 years from the date of application to | 23 | | complete
the application process. If the process has not been | 24 | | completed
in 3 years, the application shall be denied, the fee | 25 | | shall be forfeited,
and the applicant must reapply and meet the |
| | | 10000HB3450sam001 | - 11 - | LRB100 05735 SMS 26715 a |
|
| 1 | | requirements in
effect at the time of reapplication.
| 2 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 3 | | (225 ILCS 51/75)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 75. Refused issuance, suspension, or revocation , or | 6 | | other discipline of
license. | 7 | | (a) The Department may refuse to issue, renew, or restore a | 8 | | license, or may
revoke,
suspend, place on probation, reprimand, | 9 | | impose a fine not to exceed $10,000
for
each violation, or take | 10 | | other
disciplinary or non-disciplinary
action as the | 11 | | Department may deem proper
with regard to a
licensee for any | 12 | | one or combination of the following reasons:
| 13 | | (1) Making a material misstatement in furnishing | 14 | | information to the
Department.
| 15 | | (2) Violation
of this Act or its
rules.
| 16 | | (3) Conviction of the licensee or any owner or officer | 17 | | of the licensee by plea of guilty or nolo contendere, | 18 | | finding of guilt, jury verdict, or entry of judgment or by | 19 | | sentencing for any crime, including, but not limited to, | 20 | | convictions, preceding sentences of supervision, | 21 | | conditional discharge, or first offender probation, under | 22 | | the laws of any jurisdiction of the United States that (i) | 23 | | is a felony under the laws of this State or (ii) is a | 24 | | misdemeanor, an essential element of which is dishonesty, | 25 | | or that is directly related to the home medical and |
| | | 10000HB3450sam001 | - 12 - | LRB100 05735 SMS 26715 a |
|
| 1 | | equipment services. Conviction of or entry of a plea of | 2 | | guilty or nolo contendere to any
crime that is a felony | 3 | | under the laws of the United States
or any state or | 4 | | territory thereof or
a misdemeanor, an essential element of | 5 | | which is dishonesty or
that is directly related to the | 6 | | practice of the profession.
| 7 | | (4) Making a misrepresentation to obtain
licensure or | 8 | | to violate a provision of this Act.
| 9 | | (5) Gross negligence in practice under this Act.
| 10 | | (6) Engaging in a pattern of practice or other behavior | 11 | | that demonstrates
incapacity or incompetence to practice | 12 | | under this Act.
| 13 | | (7) Aiding, assisting, or willingly permitting another | 14 | | person in violating
any provision
of this Act or its rules.
| 15 | | (8) Failing, within 30
days, to provide information in | 16 | | response
to a written request made by the Department.
| 17 | | (9) Engaging in dishonorable, unethical, or | 18 | | unprofessional
conduct of a character likely to deceive, | 19 | | defraud, or harm the
public.
| 20 | | (10) Adverse action taken Discipline by another state, | 21 | | District of Columbia, territory,
or foreign nation, if at | 22 | | least one of the grounds for the
discipline is the same or | 23 | | substantially equivalent to one set
forth in this Act.
| 24 | | (11) Directly or indirectly giving to or receiving from | 25 | | any
person, firm, corporation, partnership, or association | 26 | | any fee,
commission, rebate, or other form of compensation |
| | | 10000HB3450sam001 | - 13 - | LRB100 05735 SMS 26715 a |
|
| 1 | | for any
services not actually or personally rendered.
| 2 | | (12) A finding that the licensee, after having its | 3 | | license placed
on probationary status, has violated the | 4 | | terms of probation.
| 5 | | (13) Willfully making or filing false records or | 6 | | reports in the
course of providing home medical equipment | 7 | | and services, including but not
limited to false records or | 8 | | reports filed with
State agencies or departments.
| 9 | | (14) Solicitation of business services, other than | 10 | | according to permitted
advertising.
| 11 | | (15) The use of any words, abbreviations, figures, or | 12 | | letters with
the intention of indicating practice as a home | 13 | | medical equipment
and services provider without a license
| 14 | | issued under this Act.
| 15 | | (16) Failure to file a return, or to pay the tax, | 16 | | penalty, or
interest shown in a filed return, or to pay any | 17 | | final assessment
of tax, penalty, or interest, as required | 18 | | by any tax Act
administered by the Department of Revenue, | 19 | | until such
time as the requirements of any such tax Act are | 20 | | satisfied.
| 21 | | (17) Failure to comply with federal or State laws and | 22 | | regulations concerning home
medical equipment and services | 23 | | providers.
| 24 | | (18) Solicitation of professional services using false | 25 | | or misleading
advertising.
| 26 | | (19) Failure to display a license in accordance with
|
| | | 10000HB3450sam001 | - 14 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Section 45.
| 2 | | (20) Habitual or excessive use or addiction to alcohol, | 3 | | narcotics, stimulants, or any other chemical agent or drug | 4 | | that results in the inability to practice with reasonable | 5 | | judgment, skill, or safety by an owner or officer of the | 6 | | licensee . | 7 | | (21) Physical illness, mental illness, or disability, | 8 | | including without limitation deterioration through the | 9 | | aging process and loss of motor skill, that results in the | 10 | | inability to practice the profession with reasonable | 11 | | judgment, skill, or safety by an owner or officer of the | 12 | | licensee . | 13 | | All fines imposed under this Section shall be paid within | 14 | | 60 days after the effective date of the order imposing the fine | 15 | | or in accordance with the terms set forth in the order imposing | 16 | | the fine. | 17 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 18 | | (225 ILCS 51/95)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 95. Investigations; notice and hearing.
| 21 | | (a) The Department
may investigate the actions of an | 22 | | applicant or of an entity
holding or claiming to hold a | 23 | | license.
| 24 | | (b) The Department
shall, before refusing to issue or renew | 25 | | a license or
disciplining a licensee, at least 30 days prior to |
| | | 10000HB3450sam001 | - 15 - | LRB100 05735 SMS 26715 a |
|
| 1 | | the date set
for the hearing, notify in writing the applicant | 2 | | or
licensee of the nature of the charges and that a hearing
| 3 | | will be held on the date designated. The Department shall | 4 | | direct
the applicant or licensee to file a written answer to | 5 | | the Board
under oath within 20 days after the service of the | 6 | | notice and
inform the applicant or licensee that failure to | 7 | | file an answer
will result in default being taken against the | 8 | | applicant or
licensee and that the license may be suspended,
| 9 | | revoked, placed on probationary status, or other disciplinary
| 10 | | action may be taken, including limiting the scope, nature, or
| 11 | | extent of business, as the Secretary
may deem proper. Written
| 12 | | notice may be served by personal delivery , or certified or
| 13 | | registered mail to the applicant or licensee
at his or her
| 14 | | address of record , or email to the applicant or licensee's | 15 | | email address of record . If the entity fails to
file an answer | 16 | | after receiving notice, the entity's license
may, in the | 17 | | discretion of the Department, be
suspended, revoked, or placed | 18 | | on probationary status, or the
Department may take whatever | 19 | | disciplinary or non-disciplinary action it deems proper,
| 20 | | including limiting the scope, nature, or extent of the entity's
| 21 | | business, or imposing a fine, without a hearing, if the
act or | 22 | | acts charged constitute sufficient grounds for such action | 23 | | under this
Act. At the time and place fixed in the notice, the | 24 | | Board shall proceed to hear
the charges, and the parties or | 25 | | their counsel shall be
accorded ample opportunity to present | 26 | | such statements, testimony,
evidence, and argument as may be |
| | | 10000HB3450sam001 | - 16 - | LRB100 05735 SMS 26715 a |
|
| 1 | | pertinent to the charges or to
their defense. The Board may | 2 | | continue a hearing from time to
time.
| 3 | | (c) An individual or organization acting in good faith, and | 4 | | not in a willful and wanton manner, by participating in | 5 | | proceedings of the Board, or by serving as a member of the | 6 | | Board, shall not, as a result of such actions, be subject to | 7 | | criminal prosecution or civil damages. | 8 | | (d) Members of the Board shall be indemnified by the State | 9 | | for any actions occurring within the scope of services on the | 10 | | Board, done in good faith and not willful and wanton in nature. | 11 | | The Attorney General shall defend all such actions unless he or | 12 | | she determines either that there would be a conflict of | 13 | | interest in such representation or that the actions complained | 14 | | of were not in good faith or were willful and wanton. | 15 | | If the Attorney General declines representation, the | 16 | | member has the right to employ counsel of his or her choice, | 17 | | whose fees shall be provided by the State, after approval by | 18 | | the Attorney General, unless there is a determination by a | 19 | | court that the member's actions were not in good faith or were | 20 | | willful and wanton. | 21 | | The member must notify the Attorney General within 7 days | 22 | | after receipt of notice of the initiation of any action | 23 | | involving services of the Board. Failure to so notify the | 24 | | Attorney General shall constitute an absolute waiver of the | 25 | | right to a defense and indemnification. | 26 | | The Attorney General shall determine, within 7 days after |
| | | 10000HB3450sam001 | - 17 - | LRB100 05735 SMS 26715 a |
|
| 1 | | receiving such notice, whether he or she will undertake to | 2 | | represent the member. | 3 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 4 | | (225 ILCS 51/100)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 100. Shorthand reporter Stenographer ; transcript. The | 7 | | Department , at its
expense, shall provide a shorthand reporter | 8 | | to take down the testimony and preserve a record of all | 9 | | proceedings at the formal
hearing of any case involving the | 10 | | refusal to issue or renew a
license or the discipline of a | 11 | | licensee. The notice of hearing,
complaint, and all other | 12 | | documents in the nature of pleadings,
written motions filed in | 13 | | the proceedings, the transcript of
testimony, the report of the | 14 | | Board, and the order of the Department
shall be the record of | 15 | | the proceeding.
| 16 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 17 | | (225 ILCS 51/110)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 110. Findings and recommendations. At the conclusion | 20 | | of
the hearing the Board shall present to the Secretary
a | 21 | | written
report of its findings and recommendations. The report | 22 | | shall
contain a finding of whether or not the accused entity | 23 | | violated
this Act or failed to comply with the conditions | 24 | | required in this
Act. The Board shall specify the nature of the |
| | | 10000HB3450sam001 | - 18 - | LRB100 05735 SMS 26715 a |
|
| 1 | | violation or
failure to comply, and shall make its | 2 | | recommendations to the
Secretary.
| 3 | | The report of findings of fact, conclusions of law, and | 4 | | recommendation of the Board shall be the basis for the | 5 | | Department's order for refusing to issue, restore, or renew a | 6 | | license, or otherwise disciplining a licensee, or for the | 7 | | granting of a license. If the Secretary disagrees with the | 8 | | report, findings of fact, conclusions of law, and | 9 | | recommendations of the Board, the Secretary may issue an order | 10 | | in contravention of the Board's recommendations. The report of | 11 | | findings and recommendations of the Board may
be
the basis for | 12 | | the Department's order of refusal or for the
granting of | 13 | | licensure unless the Secretary
shall determine that
the Board's | 14 | | report is contrary to the manifest weight of the
evidence, in | 15 | | which case the Secretary
may issue an order in
contravention of | 16 | | the Board's report. The finding is not admissible
in evidence | 17 | | against the entity in a criminal prosecution brought
for the | 18 | | violation of this Act, but the hearing and finding are
not a | 19 | | bar to a criminal prosecution brought for the violation of
this | 20 | | Act.
| 21 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 22 | | (225 ILCS 51/115)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 115. Rehearing on motion. In a case involving the | 25 | | refusal to
issue or renew a license or the discipline of a |
| | | 10000HB3450sam001 | - 19 - | LRB100 05735 SMS 26715 a |
|
| 1 | | licensee, a copy
of the Board's report shall be served upon the | 2 | | respondent by the
Department, either personally or as provided | 3 | | in this Act for the
service of the notice of hearing. Within 20 | 4 | | days after such
service, the respondent may present to the | 5 | | Department a motion in
writing for a rehearing, which shall | 6 | | specify the
particular grounds for the rehearing. If no motion | 7 | | for rehearing is
filed, then upon the expiration of the time | 8 | | specified for filing
the motion, or if a motion for rehearing | 9 | | is denied, then upon
such denial the Secretary
may enter an | 10 | | order in accordance with
recommendations of the Board except as | 11 | | provided in Sections 110 and Section 120 of
this Act.
| 12 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 13 | | (225 ILCS 51/125)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 125. Hearing officer. The Secretary
has the authority | 16 | | to appoint an attorney duly licensed to
practice law in the | 17 | | State of Illinois to serve as the hearing
officer in an action | 18 | | for refusal to issue or renew a license, or for the
discipline
| 19 | | of a licensee. The Secretary
shall notify the Board of an | 20 | | appointment. The
hearing officer shall have full authority to
| 21 | | conduct the hearing. The hearing officer shall report his or | 22 | | her
findings and recommendations to the Board and the | 23 | | Secretary. The
Board shall have 60 days from receipt of the | 24 | | report to review the
report of the hearing officer and present | 25 | | its findings of fact,
conclusions of law and recommendation to |
| | | 10000HB3450sam001 | - 20 - | LRB100 05735 SMS 26715 a |
|
| 1 | | the Secretary. If the
Board fails to present its report within | 2 | | the 60-day 60 day period, the respondent may request in writing | 3 | | a direct appeal to the Secretary, in which case the Secretary | 4 | | may shall, within 7 calendar days after the request, issue an | 5 | | order directing the Board to issue its findings of fact, | 6 | | conclusions of law, and recommendations to the Secretary within | 7 | | 30 calendar days after such order. If the Board fails to issue | 8 | | its findings of fact, conclusions of law, and recommendations | 9 | | within that time frame to the Secretary after the entry of such | 10 | | order, the Secretary shall, within 30 calendar days thereafter, | 11 | | issue an order based upon the report of the hearing officer and | 12 | | the record of the proceedings or issue an order remanding the | 13 | | matter back to the hearing officer for additional proceedings | 14 | | in accordance with the order. If (i) a direct appeal is | 15 | | requested, (ii) the Board fails to issue its findings of fact, | 16 | | conclusions of law, and recommendations within the 30-day | 17 | | mandate from the Secretary or the Secretary fails to order the | 18 | | Board to do so, and (iii) the Secretary fails to issue an order | 19 | | within 30 calendar days thereafter, then the hearing officer's | 20 | | report is deemed accepted and a final decision of the | 21 | | Secretary. Notwithstanding any other provision of this | 22 | | Section, if the Secretary, upon review, determines that | 23 | | substantial justice has not been done in the revocation, | 24 | | suspension, or refusal to issue or renew a license or other | 25 | | disciplinary action taken as the result of the entry of the | 26 | | hearing officer's or Board's report, the Secretary may order a |
| | | 10000HB3450sam001 | - 21 - | LRB100 05735 SMS 26715 a |
|
| 1 | | rehearing by the same or other examiners. If the Secretary | 2 | | disagrees in any regard with the report of the Board, the | 3 | | Secretary may issue an order in contravention thereof. If the | 4 | | Secretary
determines that the Board's report is
contrary to the | 5 | | manifest weight of the evidence, he or she may
issue an order | 6 | | in contravention of the Board's report.
| 7 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 8 | | (225 ILCS 51/135)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 135. Restoration of license. At any
time after the | 11 | | successful completion of a term of probation, suspension , or | 12 | | revocation of a license, the
Department may restore the license | 13 | | to the accused entity upon the written
recommendation of the | 14 | | Board unless, after an investigation and a
hearing, the Board | 15 | | determines that restoration is not in the
public interest. | 16 | | Restoration under this Section requires the filing of all | 17 | | applications and payment of all fees required by the | 18 | | Department.
| 19 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 20 | | (225 ILCS 51/150)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 150. Administrative Review Law. All final
| 23 | | administrative decisions of the Department are subject to
| 24 | | judicial review pursuant to the provisions of the |
| | | 10000HB3450sam001 | - 22 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Administrative
Review Law , as now or hereafter amended, and all | 2 | | rules adopted
pursuant to that Law . The term "administrative | 3 | | decision" is defined
as in Section 3-101 of the Code of Civil | 4 | | Procedure.
| 5 | | Proceedings for judicial review shall be commenced in the | 6 | | circuit
court of the county in which the party applying for | 7 | | relief
resides, but if the party is not a resident of this | 8 | | State, the
venue shall be in Sangamon County.
| 9 | | The Department shall not be required to certify any record | 10 | | to the court or file any answer in court or otherwise appear in | 11 | | any court in a judicial review proceeding, unless and until the | 12 | | Department has received from the plaintiff payment of the costs | 13 | | of furnishing and certifying the record, which costs shall be | 14 | | determined by the Department. Exhibits shall be certified | 15 | | without cost. Failure on the part of the plaintiff to file a | 16 | | receipt in court shall be grounds for dismissal of the action. | 17 | | During the pendency and hearing of any and all judicial | 18 | | proceedings incident to a disciplinary action, any sanctions | 19 | | imposed upon the respondent by the Department because of acts | 20 | | or omissions related to the delivery of direct patient care as | 21 | | specified in the Department's final administrative decision | 22 | | shall, as a matter of public policy, remain in full force and | 23 | | effect in order to protect the public pending final resolution | 24 | | of any of the proceedings. | 25 | | (Source: P.A. 90-532, eff. 11-14-97 .)
|
| | | 10000HB3450sam001 | - 23 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (225 ILCS 51/165)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 165. Illinois Administrative Procedure Act. The
| 4 | | Illinois Administrative Procedure Act is hereby expressly | 5 | | adopted
and incorporated in this Act as if all of the | 6 | | provisions of that Act
were included in this Act, except that | 7 | | the provision of
subsection (d) of Section 10-65 of the | 8 | | Illinois Administrative
Procedure Act, which provides that at | 9 | | hearings the license
holder has the right to show compliance | 10 | | with all lawful
requirements for retention, continuation, or | 11 | | renewal of
a license, is specifically excluded. For the | 12 | | purposes of this
Act, the notice required under Section 10-25 | 13 | | of the Illinois
Administrative Procedure Act is deemed | 14 | | sufficient when served personally upon, mailed to
the last | 15 | | known address of record of, or emailed to the email address of | 16 | | record of a party.
| 17 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 18 | | (225 ILCS 51/185 new) | 19 | | Sec. 185. Confidentiality. All information collected by | 20 | | the Department in the course of an examination or investigation | 21 | | of a licensee or applicant, including, but not limited to, any | 22 | | complaint against a licensee filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and | 25 | | shall not be disclosed. The Department may not disclose the |
| | | 10000HB3450sam001 | - 24 - | LRB100 05735 SMS 26715 a |
|
| 1 | | information to anyone other than law enforcement officials, | 2 | | other regulatory agencies that have an appropriate regulatory | 3 | | interest as determined by the Secretary, or to a party | 4 | | presenting a lawful subpoena to the Department. Information and | 5 | | documents disclosed to a federal, State, county, or local law | 6 | | enforcement agency shall not be disclosed by the agency for any | 7 | | purpose to any other agency or person. A formal complaint filed | 8 | | against a licensee by the Department or any order issued by the | 9 | | Department against a licensee or applicant shall be a public | 10 | | record, except as otherwise prohibited by law. | 11 | | Section 15. The Podiatric Medical Practice Act of 1987 is | 12 | | amended by changing Sections 3, 5, 7, 12, 14, 15, 19, 24, 26, | 13 | | 27, 34, 36, 40, and 42 and by adding Sections 5.5 and 46 as | 14 | | follows:
| 15 | | (225 ILCS 100/3) (from Ch. 111, par. 4803)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 3. Exceptions. This Act does not prohibit:
| 18 | | (A) Any person licensed in this State under the Medical | 19 | | Practice Act of 1987 from engaging
in the
practice for | 20 | | which he or she is licensed.
| 21 | | (B) The practice of podiatric medicine by a person who | 22 | | is
employed by the
United States government or any bureau, | 23 | | division or agency thereof while in
the discharge of the | 24 | | employee's official duties.
|
| | | 10000HB3450sam001 | - 25 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (C) The practice of podiatric medicine that is
included | 2 | | in
their program
of study by students enrolled in any | 3 | | approved college of podiatric medicine
or in refresher | 4 | | courses approved by the Department.
| 5 | | (D) The practice of podiatric medicine by one who has | 6 | | applied
in
writing or electronically to
the Department, in | 7 | | form and substance satisfactory to the Department, for a
| 8 | | license as a podiatric physician and has complied with all | 9 | | the provisions
under Section 10 of this Act, except the | 10 | | passing of an examination to be
eligible to receive such | 11 | | license, until the decision of the Department
that the | 12 | | applicant has failed to pass the next available examination
| 13 | | authorized by the Department or has failed to take the next | 14 | | available
examination authorized by the Department, or the | 15 | | withdrawal of the
application.
| 16 | | (E) The practice of podiatric medicine by one who is a
| 17 | | podiatric
physician under the laws of another state, | 18 | | territory of the United States
or country as described in | 19 | | Section 18 of this Act, and has applied in
writing or | 20 | | electronically to the Department, in form and substance | 21 | | satisfactory to the
Department, for a license as a | 22 | | podiatric physician and who is qualified to
receive such | 23 | | license under Section 13 or Section 9, until:
| 24 | | (1) the expiration of 6 months after the filing of | 25 | | such written
application,
| 26 | | (2) the withdrawal of such application, or
|
| | | 10000HB3450sam001 | - 26 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (3) the denial of such application by the | 2 | | Department.
| 3 | | (F) The provision of emergency care without fee by a | 4 | | podiatric
physician
assisting in an emergency as provided | 5 | | in Section 4.
| 6 | | An applicant for a license to practice podiatric medicine, | 7 | | practicing
under the exceptions set forth in paragraphs (D) or | 8 | | (E), may use the title
podiatric physician, podiatrist, doctor | 9 | | of podiatric medicine, or chiropodist
as set forth in Section 5 | 10 | | of this Act.
| 11 | | (Source: P.A. 95-235, eff. 8-17-07; 95-738, eff. 1-1-09.)
| 12 | | (225 ILCS 100/5) (from Ch. 111, par. 4805)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 5. Definitions. As used in this Act:
| 15 | | (A) "Department" means the Department of Financial and
| 16 | | Professional Regulation.
| 17 | | (B) "Secretary" means the Secretary of Financial and | 18 | | Professional Regulation.
| 19 | | (C) "Board" means the Podiatric Medical Licensing Board | 20 | | appointed
by
the Secretary.
| 21 | | (D) "Podiatric medicine" or "podiatry" means the
| 22 | | diagnosis, medical,
physical, or surgical treatment of the | 23 | | ailments of the human foot, including amputations as defined in | 24 | | this Section. "Podiatric medicine" or "podiatry" includes the | 25 | | provision of topical and local anesthesia and moderate and deep |
| | | 10000HB3450sam001 | - 27 - | LRB100 05735 SMS 26715 a |
|
| 1 | | sedation, as defined by Department rule adopted under the | 2 | | Medical Practice Act of 1987. For the purposes of this Act, the | 3 | | terms podiatric medicine,
podiatry and chiropody have the same | 4 | | definition.
| 5 | | (E) "Human foot" means the ankle and soft tissue which | 6 | | insert
into the
foot as well as the foot.
| 7 | | (F) "Podiatric physician" means a physician licensed to | 8 | | practice
podiatric medicine.
| 9 | | (G) "Postgraduate training" means a minimum one-year one | 10 | | year postdoctoral
structured and supervised educational | 11 | | experience approved by the Council on
Podiatric Medical | 12 | | Education of the American Podiatric Medical Association
which | 13 | | includes residencies and preceptorships.
| 14 | | (H) "Amputations" means amputations of the human foot, in | 15 | | whole or in part, that are limited to 10 centimeters proximal | 16 | | to the tibial talar articulation. | 17 | | (I) "Email address of record" means the designated email | 18 | | address recorded by the Department in the applicant's | 19 | | application file or the licensee's license file, as maintained | 20 | | by the Department's licensure maintenance unit. | 21 | | (J) "Address of record" means the designated address | 22 | | recorded by the Department in the applicant's or licensee's | 23 | | application file or license file as maintained by the | 24 | | Department's licensure maintenance unit. | 25 | | (Source: P.A. 99-635, eff. 1-1-17 .)
|
| | | 10000HB3450sam001 | - 28 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (225 ILCS 100/5.5 new) | 2 | | Sec. 5.5. Address of record; email address of record. All | 3 | | applicants and licensees shall: | 4 | | (1) provide a valid address and email address to the | 5 | | Department, which shall serve as the address of record and | 6 | | email address of record, respectively, at the time of | 7 | | application for licensure or renewal of a license; and | 8 | | (2) inform the Department of any change of address of | 9 | | record or email address of record within 14 days after such | 10 | | change either through the Department's website or by | 11 | | contacting the Department's licensure maintenance unit.
| 12 | | (225 ILCS 100/7) (from Ch. 111, par. 4807)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 7. Creation of the Board. The Secretary shall appoint | 15 | | a
Podiatric Medical Licensing Board as follows: 5 members must | 16 | | be
actively engaged in the practice of podiatric medicine in | 17 | | this State for a
minimum of 3 years and one member must be a | 18 | | member of the general public who
is not licensed under this Act | 19 | | or a similar Act of another jurisdiction.
| 20 | | Members shall serve 3 year terms and serve until their | 21 | | successors are
appointed and qualified. No member shall be | 22 | | reappointed to the Board for a
term that would cause his or her | 23 | | continuous service on the Board to be longer
than 8 successive | 24 | | years.
| 25 | | A majority of Board members currently appointed shall |
| | | 10000HB3450sam001 | - 29 - | LRB100 05735 SMS 26715 a |
|
| 1 | | constitute a quorum.
A vacancy in the membership of the Board | 2 | | shall not impair the right of a quorum
to exercise the rights | 3 | | and perform all of the duties of the Board.
| 4 | | In making appointments to the Board the Secretary
shall | 5 | | give due
consideration to recommendations by the Illinois | 6 | | Podiatric Medical
Association and shall promptly give due | 7 | | notice to the Illinois Podiatric
Medical Association of any | 8 | | vacancy in the membership of the Board.
| 9 | | Appointments to fill vacancies shall be made in the same | 10 | | manner as
original appointments, for the unexpired portion of | 11 | | the vacated term.
| 12 | | The Board shall annually elect a chairperson and | 13 | | vice-chairperson.
| 14 | | The membership of the Board should reasonably reflect | 15 | | representation from
the geographic areas in this State.
| 16 | | Members of the Board shall have no liability be immune from | 17 | | suit in any action based upon
any disciplinary proceedings or | 18 | | other activity activities performed in good faith as
members of | 19 | | the Board.
| 20 | | The members of the Board may receive as compensation a | 21 | | reasonable
sum as determined by the Secretary for each day | 22 | | actually engaged in the
duties of the office, and all | 23 | | legitimate and necessary expenses incurred in
attending the | 24 | | meetings of the Board.
| 25 | | The Secretary may terminate the appointment of any member | 26 | | for cause that
in the opinion of the Secretary
reasonably |
| | | 10000HB3450sam001 | - 30 - | LRB100 05735 SMS 26715 a |
|
| 1 | | justifies such termination.
| 2 | | The Secretary shall consider the recommendations of the | 3 | | Board on questions
involving standards of professional | 4 | | conduct, discipline, and qualifications
of candidates and | 5 | | licensees under this Act.
| 6 | | Notice of proposed rulemaking shall be transmitted to the | 7 | | Board and the
Department shall review the response of the Board | 8 | | and any recommendations
made in the response. The Department | 9 | | may, at any time, seek the
expert advice and
knowledge of the | 10 | | Board on any matter relating to the administration or
| 11 | | enforcement of this Act.
| 12 | | (Source: P.A. 95-235, eff. 8-17-07.)
| 13 | | (225 ILCS 100/12) (from Ch. 111, par. 4812)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 12. Temporary license; qualifications and terms.
| 16 | | (A) Podiatric physicians otherwise qualified for | 17 | | licensure, with
the
exception of completion of their | 18 | | postgraduate training and the
exception of the successful | 19 | | completion of the written practical examination
required under | 20 | | Section 10, may be granted a 3-year temporary license to
| 21 | | practice podiatric medicine provided that the applicant can | 22 | | demonstrate
that he or she has been accepted and is enrolled in | 23 | | a recognized
postgraduate
training program during the period | 24 | | for which the temporary license is
sought. Such temporary | 25 | | licenses shall be valid for the duration of the program, not to |
| | | 10000HB3450sam001 | - 31 - | LRB100 05735 SMS 26715 a |
|
| 1 | | exceed 3 years, provided that the applicant continues in the | 2 | | approved program and is in good standing at the practice site. | 3 | | Such
applicants shall apply in writing or electronically on | 4 | | those forms prescribed by the
Department and shall submit with | 5 | | the application the required application
fee. Other | 6 | | examination fees that may be required under Section 8
must
also | 7 | | be paid by temporary licensees.
| 8 | | (B) Application for visiting professor permits shall be | 9 | | made to
the
Department in writing or electronically on forms | 10 | | prescribed by the Department and be
accompanied by the required | 11 | | fee. Requirements for a visiting professor permit issued under | 12 | | this Section shall be determined by the Department by rule. | 13 | | Visiting professor permits shall be valid
for one year from the | 14 | | date of issuance or until such time as the faculty
appointment | 15 | | is terminated, whichever occurs first, and may be renewed once.
| 16 | | (Source: P.A. 99-225, eff. 1-1-16 .)
| 17 | | (225 ILCS 100/14) (from Ch. 111, par. 4814)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 14. Continuing education requirement. Podiatric | 20 | | physicians
licensed to practice in Illinois shall, as a | 21 | | requirement for renewal of
license, complete continuing | 22 | | education at the rate of at least 50 hours per
year. Such hours | 23 | | shall be earned (1) from courses offered by
sponsors validated | 24 | | by the Illinois Podiatric Medical Association Continuing
| 25 | | Education Committee and approved by the Podiatric Medical
|
| | | 10000HB3450sam001 | - 32 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Licensing Board; or (2) by continuing education activities as | 2 | | defined in
the rules of the Department. Podiatric physicians | 3 | | shall, at the request of
the Department, provide proof of | 4 | | having met the requirements of continuing
education under this | 5 | | Section. The Department shall by rule provide an
orderly | 6 | | process for the restoration reinstatement of licenses which | 7 | | have not been
renewed due to the licensee's failure to meet | 8 | | requirements of this Section.
The requirements of continuing | 9 | | education may be waived by the Secretary,
upon recommendation | 10 | | by the Board, in whole or in part for such good cause,
| 11 | | including but not limited to illness or
hardship, as defined by | 12 | | the rules of the Department.
| 13 | | The Department shall establish by rule a means for the | 14 | | verification of
completion of the continuing education | 15 | | required by this Section. This
verification may be accomplished | 16 | | through audits of records maintained by
registrants; by | 17 | | requiring the filing of continuing education certificates
with | 18 | | the Department; or by other means established by the | 19 | | Department.
| 20 | | (Source: P.A. 95-235, eff. 8-17-07.)
| 21 | | (225 ILCS 100/15) (from Ch. 111, par. 4815)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 15. Licenses; renewal; restoration; military
service. | 24 | | (A) The expiration date and renewal period for each license
| 25 | | issued
under
this Act shall be set by rule.
|
| | | 10000HB3450sam001 | - 33 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (B) Any podiatric physician who has permitted his or her
| 2 | | license to
expire or
who has had his license on inactive status | 3 | | may have the license
restored
by making application to the | 4 | | Department, providing proof of continuing
education, and | 5 | | filing proof acceptable to the
Department of his or her fitness | 6 | | to have the license restored,
which may include
evidence of | 7 | | active lawful practice in another jurisdiction satisfactory
to | 8 | | the Department and by paying the required restoration fee.
| 9 | | (C) If the podiatric physician has not maintained an active
| 10 | | practice in
another jurisdiction satisfactory to the | 11 | | Department, the Podiatric Medical
Licensing Board shall | 12 | | determine, by an evaluation program established by rule
his or | 13 | | her fitness to resume active status and may require the | 14 | | podiatric
physician
to complete an established period of | 15 | | evaluated clinical experience and may
require successful | 16 | | completion of the practical examination, as provided
by rule.
| 17 | | (D) However, any podiatric physician whose license expired | 18 | | while
he or
she was
(1) in Federal Service on active duty with | 19 | | the Armed Forces of the United
States or the Veterans | 20 | | Administration or the State Militia called into service
or | 21 | | training, or (2) in training or education under the supervision | 22 | | of the
United States preliminary to induction into the military | 23 | | service, may have
the license renewed or restored without | 24 | | paying any lapsed
renewal
fees
if within 2 years after | 25 | | honorable termination of such service, training
or education, | 26 | | except under conditions other than honorable, he or she
|
| | | 10000HB3450sam001 | - 34 - | LRB100 05735 SMS 26715 a |
|
| 1 | | furnished
the Department with satisfactory evidence to the | 2 | | effect that he or she has
been so
engaged and that his or her | 3 | | service, training or education has been
so terminated.
| 4 | | (Source: P.A. 90-76, eff. 12-30-97 .)
| 5 | | (225 ILCS 100/19) (from Ch. 111, par. 4819)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 19. Disciplinary Fund. All fees and fines received by | 8 | | the Department
under this Act shall be deposited in the | 9 | | Illinois State Podiatric
Disciplinary Fund, a special fund | 10 | | created hereunder in the State Treasury. Of
the moneys | 11 | | deposited into the Illinois State Podiatric Disciplinary Fund, | 12 | | during each 2-year renewal period, $200,000
of the money | 13 | | received from the payment of renewal fees shall be used for
| 14 | | podiatric scholarships and residency programs under the | 15 | | Podiatric Scholarship
and Residency Act and the remainder shall | 16 | | be appropriated to the Department for
expenses of the | 17 | | Department and of the Podiatric Medical Licensing Board and for
| 18 | | podiatric scholarships and residency programs under the | 19 | | Podiatric Scholarship
and Residency Act.
| 20 | | Moneys in the Illinois State Podiatric Disciplinary Fund | 21 | | may be
invested and reinvested in investments authorized for | 22 | | the investment of funds
of the State Employees' Retirement | 23 | | System of Illinois.
| 24 | | All earnings received from such investments shall be | 25 | | deposited in the
Illinois State Podiatric Disciplinary Fund and |
| | | 10000HB3450sam001 | - 35 - | LRB100 05735 SMS 26715 a |
|
| 1 | | may be used for the
same purposes as fees deposited in such | 2 | | fund.
| 3 | | Moneys in the Fund may be transferred to the Professions | 4 | | Indirect Cost Fund
as authorized under Section 2105-300 of the | 5 | | Department of
Professional Regulation Law (20 ILCS | 6 | | 2105/2105-300).
| 7 | | Moneys set aside for podiatric scholarships and residency | 8 | | programs under the Podiatric Scholarship and Residency Act, as | 9 | | provided for in this Section, may not be transferred under | 10 | | Section 8h of the State Finance Act.
| 11 | | Upon the completion of any audit of the Department as | 12 | | prescribed by the
Illinois State Auditing Act which includes an | 13 | | audit of the Illinois State
Podiatric Disciplinary Fund, the | 14 | | Department shall make the audit
open to inspection by any | 15 | | interested person.
| 16 | | (Source: P.A. 94-726, eff. 1-20-06 .)
| 17 | | (225 ILCS 100/24) (from Ch. 111, par. 4824)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 24. Grounds for disciplinary action.
The Department | 20 | | may refuse to issue, may refuse to renew,
may refuse to | 21 | | restore, may suspend, or may revoke any license, or may place
| 22 | | on probation, reprimand or take other disciplinary or | 23 | | non-disciplinary action as the
Department may deem proper, | 24 | | including fines not to exceed $10,000
for each violation upon | 25 | | anyone licensed under this Act for any of the
following |
| | | 10000HB3450sam001 | - 36 - | LRB100 05735 SMS 26715 a |
|
| 1 | | reasons:
| 2 | | (1) Making a material misstatement in furnishing | 3 | | information
to the
Department.
| 4 | | (2) Violations of this Act, or of the rules adopted | 5 | | under this Act or regulations
promulgated
hereunder .
| 6 | | (3) Conviction by plea of guilty or nolo contendere, | 7 | | finding of guilt, jury verdict, or entry of judgment or | 8 | | sentencing, including, but not limited to, convictions, | 9 | | preceding sentences of supervision, conditional discharge, | 10 | | or first offender probation, under the laws of any | 11 | | jurisdiction of the United States that is (i) a felony or | 12 | | (ii) a misdemeanor, an essential element of which is | 13 | | dishonesty, or that is directly related to the practice of | 14 | | the profession. Conviction of or entry of a plea of guilty | 15 | | or nolo contendere to any crime that is a felony under the | 16 | | laws of the United States or any state or territory of the | 17 | | United States
that
is a misdemeanor, of which an essential
| 18 | | element is
dishonesty, or of any crime that is directly | 19 | | related to the
practice of the
profession.
| 20 | | (4) Making any misrepresentation for the purpose of | 21 | | obtaining
licenses, or
violating any provision of this Act | 22 | | or the rules promulgated thereunder
pertaining to | 23 | | advertising.
| 24 | | (5) Professional incompetence.
| 25 | | (6) Gross or repeated malpractice or negligence.
| 26 | | (7) Aiding or assisting another person in violating any |
| | | 10000HB3450sam001 | - 37 - | LRB100 05735 SMS 26715 a |
|
| 1 | | provision
of this Act or rules.
| 2 | | (8) Failing, within 30 days, to provide information in | 3 | | response
to a written
request made by the Department.
| 4 | | (9) Engaging in dishonorable, unethical or | 5 | | unprofessional conduct
of a
character likely to deceive, | 6 | | defraud or harm the public.
| 7 | | (10) Habitual or excessive use of alcohol, narcotics, | 8 | | stimulants
or other
chemical agent or drug that results in | 9 | | the inability to practice
podiatric
medicine with | 10 | | reasonable judgment, skill or safety.
| 11 | | (11) Discipline by another United States jurisdiction | 12 | | if at
least one of
the grounds for the discipline is the | 13 | | same or substantially equivalent to
those set forth in this | 14 | | Section.
| 15 | | (12) Violation of the prohibition against fee | 16 | | splitting in Section 24.2 of this Act.
| 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 |
| | | 10000HB3450sam001 | - 38 - | LRB100 05735 SMS 26715 a |
|
| 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.
|
| | | 10000HB3450sam001 | - 39 - | LRB100 05735 SMS 26715 a |
|
| 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.
|
| | | 10000HB3450sam001 | - 40 - | LRB100 05735 SMS 26715 a |
|
| 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 any a foreign state or country ) by a , any peer
| 11 | | review
body, by any health care institution, any by a | 12 | | professional society or association
related to practice | 13 | | under this Act , any by a governmental agency, any by a law
| 14 | | enforcement agency, or any by a court for acts or conduct | 15 | | similar to acts or
conduct that would constitute grounds | 16 | | for action as defined in this Section.
| 17 | | (30) Willfully failing to report an instance of | 18 | | suspected abuse, neglect, financial exploitation, or | 19 | | self-neglect of an eligible adult as defined in and | 20 | | required by the Adult Protective Services Act. | 21 | | (31) Being named as a perpetrator in an indicated | 22 | | report by the Department on Aging under the Adult | 23 | | Protective Services Act, and upon proof by clear and | 24 | | convincing evidence that the licensee has caused an | 25 | | eligible adult to be abused, neglected, or financially | 26 | | exploited as defined in the Adult Protective Services Act. |
| | | 10000HB3450sam001 | - 41 - | LRB100 05735 SMS 26715 a |
|
| 1 | | The Department may refuse to issue or may suspend the | 2 | | license of any
person who fails to file a return, or to pay the | 3 | | tax, penalty or interest
shown in a filed return, or to pay any | 4 | | final assessment of tax, penalty or
interest, as required by | 5 | | any tax Act administered by the Illinois
Department of Revenue, | 6 | | until such time as the requirements of any such tax
Act are | 7 | | satisfied.
| 8 | | Upon receipt of a written
communication from the Secretary | 9 | | of Human Services, the Director of Healthcare and Family | 10 | | Services (formerly Director of
Public Aid), or the Director of | 11 | | Public Health that
continuation of practice of a person | 12 | | licensed under
this Act constitutes an immediate danger to the | 13 | | public, the Secretary may
immediately suspend
the license of | 14 | | such person without a hearing. In instances in which the | 15 | | Secretary immediately suspends a license under this Section, a | 16 | | hearing upon
such person's license must be convened by the | 17 | | Board within 15 days after
such suspension and completed | 18 | | without appreciable delay, such hearing held
to determine | 19 | | whether to recommend to the Secretary that the person's license
| 20 | | be revoked, suspended, placed on probationary status or | 21 | | restored reinstated , or such
person be subject to other | 22 | | disciplinary action. In such hearing, the
written | 23 | | communication and any other evidence submitted therewith may be
| 24 | | introduced as evidence against such person; provided, however, | 25 | | the person
or his counsel shall have the opportunity to | 26 | | discredit or impeach such
evidence and submit evidence |
| | | 10000HB3450sam001 | - 42 - | LRB100 05735 SMS 26715 a |
|
| 1 | | rebutting the same.
| 2 | | Except for fraud in procuring a license, all
proceedings to | 3 | | suspend, revoke, place on probationary status, or take
any
| 4 | | other disciplinary action as the Department may deem proper, | 5 | | with regard to a
license on any of the foregoing grounds, must | 6 | | be commenced within 5 years after
receipt by the Department of | 7 | | a complaint alleging the commission of or notice
of the | 8 | | conviction order for any of the acts described in this Section. | 9 | | Except
for the grounds set forth in items (8), (9), (26), and | 10 | | (29) of this Section, no action shall be commenced more than 10 | 11 | | years after
the date of the incident or act alleged to have
| 12 | | been a
violation of this Section.
In the event of the | 13 | | settlement of any claim or cause of action in favor of
the | 14 | | claimant or the reduction to final judgment of any civil action | 15 | | in favor of
the plaintiff, such claim, cause of action, or | 16 | | civil action being grounded on
the allegation that a person | 17 | | licensed under this Act was negligent in providing
care, the | 18 | | Department shall have an additional period of 2 years from the | 19 | | date
of notification to the Department under Section 26 of this | 20 | | Act of such
settlement or final judgment in which to | 21 | | investigate and commence formal
disciplinary proceedings under | 22 | | Section 24 of this Act, except as otherwise
provided by law.
| 23 | | The
time during which the holder of the license was outside the | 24 | | State of Illinois
shall not be included within any period of | 25 | | time limiting the commencement of
disciplinary action by the | 26 | | Department.
|
| | | 10000HB3450sam001 | - 43 - | LRB100 05735 SMS 26715 a |
|
| 1 | | In enforcing this Section, the Department or Board upon a | 2 | | showing of a
possible
violation may compel an individual | 3 | | licensed to practice under this Act, or
who has applied for | 4 | | licensure under this Act, to submit
to a mental or physical | 5 | | examination, or both, as required by and at the expense
of the | 6 | | Department. The Department or Board may order the examining | 7 | | physician to
present
testimony concerning the mental or | 8 | | physical examination of the licensee or
applicant. No | 9 | | information shall be excluded by reason of any common law or
| 10 | | statutory privilege relating to communications between the | 11 | | licensee or
applicant and the examining physician. The | 12 | | examining
physicians
shall be specifically designated by the | 13 | | Board or Department.
The individual to be examined may have, at | 14 | | his or her own expense, another
physician of his or her choice | 15 | | present during all
aspects of this examination. Failure of an | 16 | | individual to submit to a mental
or
physical examination, when | 17 | | directed, shall be grounds for suspension of his or
her
license | 18 | | until the individual submits to the examination if the | 19 | | Department
finds,
after notice and hearing, that the refusal to | 20 | | submit to the examination was
without reasonable cause.
| 21 | | If the Department or Board finds an individual unable to | 22 | | practice because of
the
reasons
set forth in this Section, the | 23 | | Department or Board may require that individual
to submit
to
| 24 | | care, counseling, or treatment by physicians approved
or | 25 | | designated by the Department or Board, as a condition, term, or | 26 | | restriction
for continued,
restored reinstated , or
renewed |
| | | 10000HB3450sam001 | - 44 - | LRB100 05735 SMS 26715 a |
|
| 1 | | licensure to practice; or, in lieu of care, counseling, or | 2 | | treatment,
the Department may file, or
the Board may recommend | 3 | | to the Department to file, a complaint to immediately
suspend, | 4 | | revoke, or otherwise discipline the license of the individual.
| 5 | | An individual whose
license was granted, continued, restored | 6 | | reinstated , renewed, disciplined or supervised
subject to such | 7 | | terms, conditions, or restrictions, and who fails to comply
| 8 | | with
such terms, conditions, or restrictions, shall be referred | 9 | | to the Secretary for
a
determination as to whether the | 10 | | individual shall have his or her license
suspended immediately, | 11 | | pending a hearing by the Department.
| 12 | | In instances in which the Secretary immediately suspends a | 13 | | person's license
under this Section, a hearing on that person's | 14 | | license must be convened by
the Department within 30 days after | 15 | | the suspension and completed without
appreciable
delay.
The | 16 | | Department and Board shall have the authority to review the | 17 | | subject
individual's record of
treatment and counseling | 18 | | regarding the impairment to the extent permitted by
applicable | 19 | | federal statutes and regulations safeguarding the | 20 | | confidentiality of
medical records.
| 21 | | An individual licensed under this Act and affected under | 22 | | this Section shall
be
afforded an opportunity to demonstrate to | 23 | | the Department or Board that he or
she can resume
practice in | 24 | | compliance with acceptable and prevailing standards under the
| 25 | | provisions of his or her license.
| 26 | | (Source: P.A. 96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10; |
| | | 10000HB3450sam001 | - 45 - | LRB100 05735 SMS 26715 a |
|
| 1 | | 97-813, eff. 7-13-12.)
| 2 | | (225 ILCS 100/26) (from Ch. 111, par. 4826)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 26. Reports relating to professional conduct and | 5 | | capacity.
| 6 | | (A) The Board shall
by rule provide for the reporting to it | 7 | | of all instances in which a
podiatric physician licensed under | 8 | | this Act who is impaired by reason of
age, drug or alcohol | 9 | | abuse or physical or mental impairment, is under
supervision | 10 | | and, where appropriate, is in a program of rehabilitation.
| 11 | | Reports shall be strictly confidential and may be reviewed and
| 12 | | considered only by the members of the Board, or by authorized | 13 | | staff of the
Department as provided by the rules of the Board. | 14 | | Provisions shall be made
for the periodic report of the status | 15 | | of any such podiatric physician not
less than twice annually in | 16 | | order that the Board shall have current
information upon which | 17 | | to determine the status of any such podiatric
physician. Such | 18 | | initial and periodic reports of impaired physicians shall
not | 19 | | be considered records within the meaning of the State Records | 20 | | Act and
shall be disposed of, following a determination by the | 21 | | Board that such
reports are no longer required, in a manner and | 22 | | at such time as the Board
shall determine by rule. The filing | 23 | | of such reports shall be construed as
the filing of a report | 24 | | for the purposes of subsection (C) of this
Section.
Failure to | 25 | | file a report under this Section shall be a Class A |
| | | 10000HB3450sam001 | - 46 - | LRB100 05735 SMS 26715 a |
|
| 1 | | misdemeanor.
| 2 | | (A-5) The following persons and entities shall report to | 3 | | the Department or the Board in the instances and under the | 4 | | conditions set forth in this subsection (A-5):
| 5 | | (1) Any administrator or officer of
any
hospital, | 6 | | nursing home or other health care agency or facility who | 7 | | has
knowledge of any action or condition which reasonably | 8 | | indicates to him or
her
that a licensed podiatric physician | 9 | | practicing in such hospital, nursing
home or other health | 10 | | care agency or facility is habitually intoxicated or
| 11 | | addicted to the use of habit forming drugs, or is otherwise | 12 | | impaired, to
the extent that such intoxication, addiction, | 13 | | or impairment
adversely
affects
such podiatric physician's | 14 | | professional performance, or has knowledge that
reasonably | 15 | | indicates to him or her that any podiatric physician | 16 | | unlawfully
possesses, uses, distributes or converts | 17 | | habit-forming drugs belonging to
the hospital, nursing | 18 | | home or other health care agency or facility for such
| 19 | | podiatric physician's own use or benefit, shall promptly | 20 | | file a written
report thereof to the Department. The report | 21 | | shall include the name of the
podiatric physician, the name | 22 | | of the patient or patients involved, if any,
a brief | 23 | | summary of the action, condition or occurrence that has
| 24 | | necessitated the report, and any other information as the | 25 | | Department may
deem necessary. The Department shall | 26 | | provide forms on which such
reports shall be filed.
|
| | | 10000HB3450sam001 | - 47 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (2) The president or chief
executive
officer
of any | 2 | | association or society of podiatric physicians licensed | 3 | | under this
Act, operating within this State shall report to | 4 | | the Board when the
association or society renders a final | 5 | | determination relating to the
professional competence or | 6 | | conduct of the podiatric physician.
| 7 | | (3) Every insurance company that
offers policies of | 8 | | professional liability insurance to persons licensed
under | 9 | | this Act, or any other entity that seeks to indemnify the
| 10 | | professional liability of a podiatric physician licensed | 11 | | under this Act,
shall report to the Board the settlement of | 12 | | any claim or cause of action,
or final judgment rendered in | 13 | | any cause of action that alleged negligence
in the | 14 | | furnishing of medical care by such licensed person when | 15 | | such
settlement or final judgement is in favor of the | 16 | | plaintiff.
| 17 | | (4) The State's Attorney of each county shall report
to | 18 | | the Board all instances in which a person licensed under | 19 | | this Act is
convicted or otherwise found guilty of the | 20 | | commission of any felony.
| 21 | | (5) All agencies, boards, commissions, departments, or | 22 | | other
instrumentalities of the government of the State of | 23 | | Illinois shall report
to the Board any instance arising in | 24 | | connection with the operations of such
agency, including | 25 | | the administration of any law by such agency, in which a
| 26 | | podiatric physician licensed under this Act has either |
| | | 10000HB3450sam001 | - 48 - | LRB100 05735 SMS 26715 a |
|
| 1 | | committed an act or
acts that may be a violation of this | 2 | | Act or that may constitute unprofessional
conduct related | 3 | | directly to patient care or that indicates that a podiatric
| 4 | | physician licensed under this Act may have a mental or | 5 | | physical disability that may endanger patients under that | 6 | | physician's care.
| 7 | | (B) All reports required by this Act shall
be
submitted to | 8 | | the Board in a timely fashion. The reports shall be filed in
| 9 | | writing within 60 days after a determination that a report is | 10 | | required
under this Act. All reports shall contain the | 11 | | following information:
| 12 | | (1) The name, address and telephone number of the | 13 | | person making the
report.
| 14 | | (2) The name, address and telephone number of the | 15 | | podiatric physician
who is the subject of the report.
| 16 | | (3) The name or other means of identification of any | 17 | | patient or patients
whose treatment is a subject of the | 18 | | report, provided, however, no medical
records may be | 19 | | revealed without the written consent of the patient or | 20 | | patients.
| 21 | | (4) A brief description of the facts that gave rise to | 22 | | the issuance of
the report, including the dates of any | 23 | | occurrences deemed to necessitate
the filing of the report.
| 24 | | (5) If court action is involved, the identity of the | 25 | | court in which the
action is filed, along with the docket | 26 | | number and date of filing of the action.
|
| | | 10000HB3450sam001 | - 49 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (6) Any further pertinent information that the | 2 | | reporting
party deems to be an aid in the evaluation of the | 3 | | report.
| 4 | | Nothing contained in this Section shall waive or modify the
| 5 | | confidentiality of medical reports and committee reports to the | 6 | | extent
provided by law. Any information reported or disclosed | 7 | | shall be kept for
the confidential use of the Board, the | 8 | | Board's attorneys, the investigative
staff and other | 9 | | authorized Department staff, as provided in this Act, and
shall | 10 | | be afforded the same status as is provided information | 11 | | concerning
medical studies in Part 21 of Article VIII of the | 12 | | Code of Civil Procedure.
| 13 | | (C) Any individual or organization acting in
good faith, | 14 | | and not in a willful and wanton manner, in complying with this
| 15 | | Act by providing any report or other information to the Board, | 16 | | or assisting
in the investigation or preparation of such | 17 | | information, or by
participating in proceedings of the Board, | 18 | | or by serving as a member of the
Board, shall not, as a result | 19 | | of such actions, be subject to criminal
prosecution or civil | 20 | | damages.
| 21 | | (D) Members of the Board, the Board's attorneys, the
| 22 | | investigative staff, other podiatric physicians retained under | 23 | | contract to
assist and advise in the investigation, and other | 24 | | authorized Department
staff shall be indemnified by the State | 25 | | for any actions occurring within the
scope of services on the | 26 | | Board, done in good faith and not willful and
wanton in nature. |
| | | 10000HB3450sam001 | - 50 - | LRB100 05735 SMS 26715 a |
|
| 1 | | The Attorney General shall defend all such actions unless
he or | 2 | | she determines either that he or she would have a conflict of
| 3 | | interest in such representation or that the actions complained | 4 | | of were not in
good faith or were willful and wanton.
| 5 | | Should the Attorney General decline representation, the | 6 | | member shall have
the right to employ counsel of his or her | 7 | | choice, whose fees shall be provided
by the State, after | 8 | | approval by the Attorney General, unless there is a
| 9 | | determination by a court that the member's actions were not in | 10 | | good faith or
were willful wilful and wanton. The member must | 11 | | notify the Attorney General within 7
days of receipt of notice | 12 | | of the initiation of any action involving services
of the | 13 | | Board. Failure to so notify the Attorney General shall | 14 | | constitute an
absolute waiver of the right to a defense and | 15 | | indemnification. The Attorney
General shall determine within 7 | 16 | | days after receiving such notice, whether he
or she will | 17 | | undertake to represent the member.
| 18 | | (E) Upon the receipt of any report called for
by this Act, | 19 | | other than those reports of impaired persons licensed under
| 20 | | this Act required pursuant to the rules of the Board, the Board | 21 | | shall
notify in writing, by certified mail or email , the | 22 | | podiatric physician who is the
subject of the report. Such | 23 | | notification shall be made within 30 days of
receipt by the | 24 | | Board of the report.
| 25 | | The notification shall include a written notice setting | 26 | | forth the podiatric
physician's right to examine the report. |
| | | 10000HB3450sam001 | - 51 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Included in such notification
shall be the address at which the | 2 | | file is maintained, the name of the
custodian of the reports, | 3 | | and the telephone number at which the custodian
may be reached. | 4 | | The podiatric physician who is the subject of the report
shall | 5 | | be permitted to submit a written statement responding, | 6 | | clarifying,
adding to, or proposing the amending of the report | 7 | | previously filed. The
statement shall become a permanent part | 8 | | of the file and must be received by
the Board no more than 30 | 9 | | days after the date on which the podiatric
physician was | 10 | | notified of the existence of the original report.
| 11 | | The Board shall review all reports received by it, together | 12 | | with any
supporting information and responding statements | 13 | | submitted by persons who
are the subject of reports. The review | 14 | | by the Board shall be in a timely
manner but in no event shall | 15 | | the Board's initial review of the material
contained in each | 16 | | disciplinary file be less than 61 days nor more than 180
days | 17 | | after the receipt of the initial report by the Board.
| 18 | | When the Board makes its initial review of the materials | 19 | | contained within
its disciplinary files the Board shall, in | 20 | | writing, make a determination as
to whether there are | 21 | | sufficient facts to warrant further investigation or
action. | 22 | | Failure to make such determination within the time provided | 23 | | shall
be deemed to be a determination that there are not | 24 | | sufficient facts to
warrant further investigation or action.
| 25 | | Should the Board find that there are not sufficient facts | 26 | | to warrant
further investigation, or action, the report shall |
| | | 10000HB3450sam001 | - 52 - | LRB100 05735 SMS 26715 a |
|
| 1 | | be accepted for filing
and the matter shall be deemed closed | 2 | | and so reported.
| 3 | | The individual or entity filing the original report or | 4 | | complaint and the
podiatric physician who is the subject of the | 5 | | report or complaint shall be
notified in writing by the Board | 6 | | of any final action on their report or
complaint.
| 7 | | (F) The Board shall prepare on a timely basis, but in
no | 8 | | event less than once every other month, a summary report of | 9 | | final
disciplinary actions taken upon disciplinary files | 10 | | maintained by the Board. The summary
reports shall be made | 11 | | available on the Department's web site.
| 12 | | (G) Any violation of this Section shall be a Class A | 13 | | misdemeanor.
| 14 | | (H) If any such podiatric physician violates
the provisions | 15 | | of this Section, an action may be brought in the name of the
| 16 | | People of the State of Illinois, through the Attorney General | 17 | | of the State
of Illinois, for an order enjoining such violation | 18 | | or for an order
enforcing compliance with this Section. Upon | 19 | | filing of a verified petition
in such court, the court may | 20 | | issue a temporary restraining order without
notice or bond and | 21 | | may preliminarily or permanently enjoin such violation,
and if | 22 | | it is established that such podiatric physician has violated or | 23 | | is
violating the injunction, the Court may punish the offender | 24 | | for contempt of
court. Proceedings under this paragraph shall | 25 | | be in addition to, and not
in lieu of, all other remedies and | 26 | | penalties provided for by this Section.
|
| | | 10000HB3450sam001 | - 53 - | LRB100 05735 SMS 26715 a |
|
| 1 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 2 | | (225 ILCS 100/27) (from Ch. 111, par. 4827)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 27. Investigations; notice and hearing. The | 5 | | Department may investigate the actions of any applicant or of | 6 | | any
person
or persons holding or claiming to hold a license. | 7 | | The Department shall,
before suspending, revoking, placing on | 8 | | probationary status or taking any
other disciplinary action as | 9 | | the Department may deem proper with regard
to any licensee, at | 10 | | least 30 days prior to the date set for the hearing,
notify the | 11 | | accused in writing of any charges made and the time and place
| 12 | | for a hearing of the charges before the Board, direct him or | 13 | | her to file
his or
her written
answer thereto to the Board | 14 | | under oath within 20 days after the service
on him or her of | 15 | | such notice and inform her or him that if he or she fails
to
| 16 | | file such
answer
default will be taken against him or her and | 17 | | his or her license may be
revoked,
suspended, placed
on | 18 | | probationary status, or subject to other disciplinary action, | 19 | | including
limiting
the scope, nature, or extent of his or her | 20 | | practice as the Department may
deem proper.
| 21 | | In case the accused person, after receiving notice fails to | 22 | | file an
answer, his or her license may, in the discretion of | 23 | | the Secretary having
received
the recommendation of the Board, | 24 | | be suspended, revoked, or placed on
probationary status or the | 25 | | Secretary may take whatever disciplinary action
as he or she |
| | | 10000HB3450sam001 | - 54 - | LRB100 05735 SMS 26715 a |
|
| 1 | | may deem proper including limiting the scope, nature, or extent
| 2 | | of the
accused person's practice without a hearing if the act | 3 | | or acts charged
constitute sufficient grounds for such action | 4 | | under this Act.
| 5 | | Written or electronic Such written
notice may be served by | 6 | | personal delivery , or certified or registered
mail , or email to | 7 | | the applicant or licensee respondent at his or her the address | 8 | | of on record or email address of record with
the Department . At | 9 | | the time and placed fixed in the notice, the Board shall
| 10 | | proceed to hear the charges
and the parties or their counsel | 11 | | shall be accorded ample opportunity
to present such statements, | 12 | | testimony, evidence and argument as may
be pertinent to the | 13 | | charges or to the defense thereto. The Board
may continue such | 14 | | hearing from time to time.
| 15 | | (Source: P.A. 95-235, eff. 8-17-07.)
| 16 | | (225 ILCS 100/34) (from Ch. 111, par. 4834)
| 17 | | (Section scheduled to be repealed on January 1, 2018)
| 18 | | Sec. 34. Appointment of a hearing officer. The | 19 | | Notwithstanding the
provisions of Section 32 of this Act, the | 20 | | Secretary has
shall have the authority to appoint any attorney | 21 | | duly licensed to practice
law in the State of Illinois to serve | 22 | | as the hearing officer in any action
for refusal to issue, | 23 | | restore, or renew a license or discipline of a license.
| 24 | | The Secretary shall notify the Board of any such | 25 | | appointment. The hearing
officer shall have full authority to |
| | | 10000HB3450sam001 | - 55 - | LRB100 05735 SMS 26715 a |
|
| 1 | | conduct the hearing. The hearing officer
shall report his or | 2 | | her findings of fact, conclusions of law and
recommendations
to | 3 | | the Board and the Secretary. The Board shall review the report | 4 | | of the hearing officer and present their
findings of fact, | 5 | | conclusions of law and recommendations to the
Secretary. If the | 6 | | Board
fails to present its report, the Secretary may
issue an | 7 | | order based on the report of the hearing officer. If the | 8 | | Secretary
disagrees in any regard with the report of the Board | 9 | | or hearing officer, he
or she
may issue an order in | 10 | | contravention of the Board's report thereof. The Secretary | 11 | | shall provide an explanation to the Board on any such | 12 | | deviation, and shall specify
with particularity the reasons for | 13 | | such action in the final order .
| 14 | | (Source: P.A. 95-235, eff. 8-17-07.)
| 15 | | (225 ILCS 100/36) (from Ch. 111, par. 4836)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 36. Restoration of suspended or revoked license. At
| 18 | | any time after the suspension or revocation of any license, the | 19 | | Department
may restore it to the accused person upon the | 20 | | written recommendation of
the Board, unless after an | 21 | | investigation and a hearing the Board
determines that | 22 | | restoration is not in the public interest. No person whose | 23 | | license has been revoked as authorized in this Act may apply | 24 | | for restoration of that license until such time as provided for | 25 | | in the Civil Administrative Code of Illinois.
|
| | | 10000HB3450sam001 | - 56 - | LRB100 05735 SMS 26715 a |
|
| 1 | | A license that has been suspended or revoked shall be | 2 | | considered nonrenewed for purposes of restoration and a person | 3 | | restoring his or her license from suspension or revocation must | 4 | | comply with the requirements for restoration of a nonrenewed | 5 | | license as set forth in Section 15 of this Act and any related | 6 | | rules adopted. | 7 | | (Source: P.A. 91-357, eff. 7-29-99 .)
| 8 | | (225 ILCS 100/40) (from Ch. 111, par. 4840)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 40. Certification of record; costs. The Department | 11 | | shall not
be required to certify any record
to the court or | 12 | | file any answer in court or otherwise appear in any court
in a | 13 | | judicial review proceeding, unless and until the Department has | 14 | | received from the plaintiff there is filed in the court, with
| 15 | | the complaint, a receipt from the Department acknowledging | 16 | | payment of the
costs of furnishing and certifying the record , | 17 | | which costs shall be determined by the Department. Exhibits | 18 | | shall be certified without cost . Failure on the
part of the | 19 | | plaintiff to file a receipt in court shall be grounds
for
| 20 | | dismissal of the action.
| 21 | | (Source: P.A. 87-1031 .)
| 22 | | (225 ILCS 100/42) (from Ch. 111, par. 4842)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 42. Illinois Administrative Procedure Act. The |
| | | 10000HB3450sam001 | - 57 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Illinois Administrative Procedure
Act is hereby expressly | 2 | | adopted and incorporated herein as if all of the
provisions of | 3 | | that Act were included in this Act, except that the provision | 4 | | of
subsection (d) of Section 10-65 of the Illinois | 5 | | Administrative Procedure Act
that provides that at hearings the | 6 | | licensee has the right to show compliance
with all lawful | 7 | | requirements for retention, continuation or renewal of the
| 8 | | license is specifically excluded. For the purpose of this Act | 9 | | the notice
required under Section 10-25 of the Illinois | 10 | | Administrative Procedure Act is deemed
sufficient when mailed | 11 | | or emailed to the last known address of record or email address | 12 | | of record a party .
| 13 | | (Source: P.A. 88-45 .)
| 14 | | (225 ILCS 100/46 new) | 15 | | Sec. 46. Confidentiality. All information collected by the | 16 | | Department in the course of an examination or investigation of | 17 | | a licensee, registrant, or applicant, including, but not | 18 | | limited to, any complaint against a licensee or registrant | 19 | | filed with the Department and information collected to | 20 | | investigate any such complaint, shall be maintained for the | 21 | | confidential use of the Department and shall not be disclosed. | 22 | | The Department may not disclose the information to anyone other | 23 | | than law enforcement officials, other regulatory agencies that | 24 | | have an appropriate regulatory interest as determined by the | 25 | | Secretary, or a party presenting a lawful subpoena to the |
| | | 10000HB3450sam001 | - 58 - | LRB100 05735 SMS 26715 a |
|
| 1 | | Department. Information and documents disclosed to a federal, | 2 | | State, county, or local law enforcement agency shall not be | 3 | | disclosed by the agency for any purpose to any other agency or | 4 | | person. A formal complaint filed against a licensee or | 5 | | registrant by the Department or any order issued by the | 6 | | Department against a licensee, registrant, or applicant shall | 7 | | be a public record, except as otherwise prohibited by law. | 8 | | (225 ILCS 100/20 rep.) | 9 | | Section 20. The Podiatric Medical Practice Act of 1987 is | 10 | | amended by repealing Section 20.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
|
|