(225 ILCS 100/1) (from Ch. 111, par. 4801)
(Section scheduled to be repealed on January 1, 2028)
Sec. 1.
Declaration of public policy.
The practice of podiatric
medicine in the State of Illinois is declared to affect the public
health, safety and welfare and to be subject to regulation and control in
the public interest. It is further declared to be a matter of public
interest and concern that
podiatric physicians and the practice of podiatric medicine as defined in
this Act, merit and receive the confidence of the public, that only
qualified persons be authorized to practice podiatric medicine in the State
of Illinois and that no person shall practice podiatric medicine without a
valid existing license to do so. This Act shall be liberally construed to
best carry out these subjects and purposes.
(Source: P.A. 85-918.)
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(225 ILCS 100/2) (from Ch. 111, par. 4802)
(Section scheduled to be repealed on January 1, 2028)
Sec. 2.
Short title.
This Act shall be known and may be cited as the
Podiatric Medical Practice Act of 1987.
(Source: P.A. 85-918.)
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(225 ILCS 100/3) (from Ch. 111, par. 4803)
(Section scheduled to be repealed on January 1, 2028)
Sec. 3. Exceptions. This Act does not prohibit:
(A) Any person licensed in this State under the | ||
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(B) The practice of podiatric medicine by a person | ||
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(C) The practice of podiatric medicine that is | ||
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(D) The practice of podiatric medicine by one who has | ||
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(E) The practice of podiatric medicine by one who is | ||
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(1) the expiration of 6 months after the filing | ||
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(2) the withdrawal of such application, or
(3) the denial of such application by the | ||
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(F) The provision of emergency care without fee by a | ||
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An applicant for a license to practice podiatric medicine, practicing
under the exceptions set forth in paragraphs (D) or (E), may use the title
podiatric physician, podiatrist, doctor of podiatric medicine, or chiropodist
as set forth in Section 5 of this Act.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/4) (from Ch. 111, par. 4804)
(Section scheduled to be repealed on January 1, 2028)
Sec. 4.
Exemption from civil liability.
(A) Exemption from civil liability for emergency care is as
provided in the
Good Samaritan Act.
(B) While serving upon any professional utilization committee, a
professional review organization, a peer review committee, a mediation
committee or a board of directors considering such matters of peer review
or any review committee sanctioned by the profession or sponsored by its
association, a podiatric physician shall not be liable for civil damages as a
result of his or her acts, omissions or decisions in connection with his
or her duties on
such committees or boards, except in cases involving willful or wanton
misconduct.
(Source: P.A. 89-607, eff. 1-1-97; 90-76, eff. 12-30-97.)
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(225 ILCS 100/5) (from Ch. 111, par. 4805)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5. Definitions. As used in this Act:
(A) "Department" means the Department of Financial and
Professional Regulation.
(B) "Secretary" means the Secretary of Financial and Professional Regulation.
(C) "Board" means the Podiatric Medical Licensing Board appointed
by
the Secretary.
(D) "Podiatric medicine" or "podiatry" means: (1) the diagnosis, medical, physical, or surgical | ||
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(2) the provision of topical and local anesthesia and | ||
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(3) vaccination of patients 18 years of age and older | ||
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For the purposes of this Act, the terms podiatric | ||
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(E) "Human foot" means the ankle and soft tissue which insert
into the
foot as well as the foot.
(F) "Podiatric physician" means a physician licensed to practice
podiatric medicine.
(G) "Postgraduate training" means a minimum one-year postdoctoral
structured and supervised educational experience approved by the Council on
Podiatric Medical Education of the American Podiatric Medical Association
which includes residencies and preceptorships.
(H) "Amputations" means amputations of the human foot, in whole or in part, that are limited to 10 centimeters proximal to the tibial talar articulation. (I) "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit. (J) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. (Source: P.A. 103-74, eff. 1-1-24.)
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(225 ILCS 100/5.5) (Section scheduled to be repealed on January 1, 2028) Sec. 5.5. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to | ||
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(2) inform the Department of any change of address | ||
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(Source: P.A. 100-525, eff. 9-22-17.) |
(225 ILCS 100/6) (from Ch. 111, par. 4806)
(Section scheduled to be repealed on January 1, 2028)
Sec. 6. Powers and duties of the Department. The Department shall
exercise the powers and duties prescribed by the Civil Administrative Code
of Illinois for the administration of licensing acts and shall exercise
such other powers and duties conferred by this Act.
The Secretary may promulgate rules consistent with the provisions of this
Act, for the administration and enforcement thereof and may prescribe forms
that shall be issued in connection therewith.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/7) (from Ch. 111, par. 4807)
(Section scheduled to be repealed on January 1, 2028)
Sec. 7. Creation of the Board. The Secretary shall appoint a
Podiatric Medical Licensing Board as follows: 5 members must be
actively engaged in the practice of podiatric medicine in this State for a
minimum of 3 years and one member must be a member of the general public who
is not licensed under this Act or a similar Act of another jurisdiction.
Members shall serve 3 year terms and serve until their successors are
appointed and qualified. No member shall be reappointed to the Board for a
term that would cause his or her continuous service on the Board to be longer
than 8 successive years.
A majority of Board members currently appointed shall constitute a quorum.
A vacancy in the membership of the Board shall not impair the right of a quorum
to exercise the rights and perform all of the duties of the Board.
In making appointments to the Board the Secretary
shall give due
consideration to recommendations by the Illinois Podiatric Medical
Association and shall promptly give due notice to the Illinois Podiatric
Medical Association of any vacancy in the membership of the Board.
Appointments to fill vacancies shall be made in the same manner as
original appointments, for the unexpired portion of the vacated term.
The Board shall annually elect a chairperson and vice-chairperson.
The membership of the Board should reasonably reflect representation from
the geographic areas in this State.
Members of the Board shall have no liability in any action based upon
any disciplinary proceedings or other activity performed in good faith as
members of the Board.
The members of the Board may receive as compensation a reasonable
sum as determined by the Secretary for each day actually engaged in the
duties of the office, and all legitimate and necessary expenses incurred in
attending the meetings of the Board.
The Secretary may terminate the appointment of any member for cause that
in the opinion of the Secretary
reasonably justifies such termination.
The Secretary shall consider the recommendations of the Board on questions
involving standards of professional conduct, discipline, and qualifications
of candidates and licensees under this Act.
Notice of proposed rulemaking shall be transmitted to the Board and the
Department shall review the response of the Board and any recommendations
made in the response. The Department may, at any time, seek the
expert advice and
knowledge of the Board on any matter relating to the administration or
enforcement of this Act.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/8) (from Ch. 111, par. 4808)
(Section scheduled to be repealed on January 1, 2028)
Sec. 8.
Applications for original license.
Applications for original licenses shall be made to the
Department and shall be accompanied by the required fee, which shall not be
refundable. Any such application shall require such
information as in the
judgement of the Department will enable the Department to pass on the
qualifications of the applicant for a license.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed within the 3 years,
the application shall be denied, the fee shall be forfeited, and the applicant
must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/8.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 8.5. Social Security Number on license application. In addition
to any other information required to be contained in the application, every
application for an original license under this Act shall
include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 97-400, eff. 1-1-12.)
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(225 ILCS 100/9) (from Ch. 111, par. 4809)
(Section scheduled to be repealed on January 1, 2028)
Sec. 9.
Examination for licensure.
The Department shall authorize
examinations of applicants as podiatric physicians at such times and places
as it may determine, so long as the examinations are administered at least
2 times each year. The examination of applicants shall be of a character
to give a fair test of the qualifications of the applicant to practice
podiatric medicine.
An applicant for examination as a podiatric physician
shall be required to
pay, either to the Department or the designated testing service, a fee
covering the costs of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application for examination has been received and
acknowledged by the Department or the designated testing service, shall
result in the forfeiture of the examination fee.
If an applicant neglects, fails or refuses to take an examination or
fails to pass an examination for a license under this Act within 3 years
after filing the application, the application
is
denied. However, after the denial, the applicant may make a new application,
accompanied by the required fee, and provide evidence of meeting the
requirements in force at the time of the new application.
The Department may employ consultants for the purpose of preparing and
conducting examinations.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/10) (from Ch. 111, par. 4810)
(Section scheduled to be repealed on January 1, 2028)
Sec. 10. Qualifications for licensure. A person shall be qualified
for licensure as a podiatric physician:
(A) who has applied for licensure on forms prepared | ||
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(B) who is at least 21 years of age;
(C) who has not engaged in or is not engaged in any | ||
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(D) who is a graduate of an approved college of | ||
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(E) who has successfully completed an examination | ||
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(F) who has successfully completed a minimum of one | ||
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(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/11) (from Ch. 111, par. 4811)
(Section scheduled to be repealed on January 1, 2028)
Sec. 11. Practice without a license forbidden and exceptions. A. It
shall be deemed prima facie evidence of the practice of podiatric medicine
or of holding one's self out as a podiatric physician within the meaning of
this Act, for any person to diagnose the ailments of, or to treat in any
manner the human foot by medical, physical or surgical methods, or to use
the title "podiatric physician" or "podiatrist" or any words or letters which indicate or tend to
indicate to the public that the person so treating or so holding himself or
herself out is a podiatric physician.
B. No person, except as provided in Section 3 of this Act, shall provide
any type of diagnostic and therapeutic medical care services of the human
foot unless under the supervision of a licensed podiatric physician.
C. Persons suitably trained and qualified may render, only under the
direction of a podiatric physician licensed under this Act,
such patient tests and services as diagnostic imaging procedures,
laboratory studies and other appropriate patient services
connected with comprehensive foot care which may be consistent with the
diagnosis and treatment selected by the podiatric physician.
This Section shall apply to podiatric medical care provided in all
settings, including, but not limited to:
long term facilities, mental health facilities, hospitals, medical offices
and public health clinics.
(Source: P.A. 98-214, eff. 8-9-13.)
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(225 ILCS 100/11.5)
(Section scheduled to be repealed on January 1, 2028)
Sec. 11.5. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice podiatry without being licensed under this Act
shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/12) (from Ch. 111, par. 4812)
(Section scheduled to be repealed on January 1, 2028)
Sec. 12. Temporary license; qualifications and terms.
(A) Podiatric physicians otherwise qualified for licensure, with
the
exception of completion of their postgraduate training and the
exception of the successful completion of the written practical examination
required under Section 10, may be granted a 3-year temporary license to
practice podiatric medicine provided that the applicant can demonstrate
that he or she has been accepted and is enrolled in a recognized
postgraduate
training program during the period for which the temporary license is
sought. Such temporary licenses shall be valid for the duration of the program, not to exceed 3 years, provided that the applicant continues in the approved program and is in good standing at the practice site. Such
applicants shall apply in writing or electronically on those forms prescribed by the
Department and shall submit with the application the required application
fee. Other examination fees that may be required under Section 8
must
also be paid by temporary licensees.
(B) Application for visiting professor permits shall be made to
the
Department in writing or electronically on forms prescribed by the Department and be
accompanied by the required fee. Requirements for a visiting professor permit issued under this Section shall be determined by the Department by rule. Visiting professor permits shall be valid
for one year from the date of issuance or until such time as the faculty
appointment is terminated, whichever occurs first, and may be renewed once.
(Source: P.A. 99-225, eff. 1-1-16; 100-525, eff. 9-22-17.)
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(225 ILCS 100/13)
Sec. 13. (Repealed).
(Source: P.A. 90-76, eff. 12-30-97. Repealed by P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/14) (from Ch. 111, par. 4814)
(Section scheduled to be repealed on January 1, 2028)
Sec. 14. Continuing education requirement. Podiatric physicians
licensed to practice in Illinois shall, as a requirement for renewal of
license, complete continuing education at the rate of at least 50 hours per
year. Such hours shall be earned (1) from courses offered by
sponsors validated by the Illinois Podiatric Medical Association Continuing
Education Committee and approved by the Board; or (2) by continuing education activities as defined in
the rules of the Department. Podiatric physicians shall, at the request of
the Department, provide proof of having met the requirements of continuing
education under this Section. The Department shall by rule provide an
orderly process for the restoration of licenses which have not been
renewed due to the licensee's failure to meet requirements of this Section.
The requirements of continuing education may be waived by the Secretary,
upon recommendation by the Board, in whole or in part for such good cause,
including but not limited to illness or
hardship, as defined by the rules of the Department.
The Department shall establish by rule a means for the verification of
completion of the continuing education required by this Section. This
verification may be accomplished through audits of records maintained by
registrants; by requiring the filing of continuing education certificates
with the Department; or by other means established by the Department.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/15) (from Ch. 111, par. 4815)
(Section scheduled to be repealed on January 1, 2028)
Sec. 15. Licenses; renewal; restoration; military
service. (A) The expiration date and renewal period for each license
issued
under
this Act shall be set by rule.
(B) Any podiatric physician who has permitted his or her
license to
expire or
who has had his license on inactive status may have the license
restored
by making application to the Department, providing proof of continuing
education, and filing proof acceptable to the
Department of his or her fitness to have the license restored,
which may include
evidence of active lawful practice in another jurisdiction satisfactory
to the Department and by paying the required restoration fee.
(C) If the podiatric physician has not maintained an active
practice in
another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule
his or her fitness to resume active status and may require the podiatric
physician
to complete an established period of evaluated clinical experience and may
require successful completion of the practical examination, as provided
by rule.
(D) However, any podiatric physician whose license expired while
he or
she was
(1) in Federal Service on active duty with the Armed Forces of the United
States or the Veterans Administration or the State Militia called into service
or training, or (2) in training or education under the supervision of the
United States preliminary to induction into the military service, may have
the license renewed or restored without paying any lapsed
renewal
fees
if within 2 years after honorable termination of such service, training
or education, except under conditions other than honorable, he or she
furnished
the Department with satisfactory evidence to the effect that he or she has
been so
engaged and that his or her service, training or education has been
so terminated.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/16) (from Ch. 111, par. 4816)
(Section scheduled to be repealed on January 1, 2028)
Sec. 16.
Inactive licenses.
Any podiatric physician who notifies the
Department in writing on forms prescribed by the Department, may elect to
place his or her license on an inactive status and shall, subject to rules
of the
Department, be excused from payment of renewal fees and compliance with
continuing education requirements until he or she notifies the Department
in writing
of his or her desire to resume active status.
Any podiatric physician requesting restoration from inactive status shall
be required to complete the continuing education requirements for a single
license renewal period and to pay the current renewal fee and shall be required
to restore his or her license, as provided in Section 15 of this Act. Any
podiatric
physician whose license is in an inactive status shall not practice podiatric
medicine in the State of Illinois. Any licensee who shall practice podiatric
medicine while his or her license is lapsed on inactive status shall be
considered
to be practicing without a license which shall be grounds for discipline
under Section 24 of this Act.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/17) (from Ch. 111, par. 4817)
(Section scheduled to be repealed on January 1, 2028)
Sec. 17.
Endorsement.
The Department may, in its discretion, license as
a podiatric physician without examination on payment of the required fee,
an applicant who is a podiatric physician license under the laws of another
state or territory, or of another country, if the requirements for
licensure of podiatric physicians in the state or territory or country in
which the applicant was licensed were, at the date of his or her licensure,
substantially equivalent to the requirements in force in this State on that
date or on the date licensure is sought under this Section.
Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3 years,
the application shall be denied, the fee shall be forfeited, and the
applicant must
reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/18) (from Ch. 111, par. 4818)
(Section scheduled to be repealed on January 1, 2028)
Sec. 18. Fees.
(a) The following fees are not refundable.
(1) The fee for a certificate of licensure is $400. | ||
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(2) In addition, applicants for any examination shall | ||
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(3) The fee for the renewal of a certificate of | ||
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(4) The fee for the restoration of a certificate of | ||
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(5) The fee for the issuance of a duplicate | ||
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(6) The fee for a certification of a licensee's | ||
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(7) The fee to have the scoring of an examination | ||
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(8) The fee for a wall certificate showing licensure | ||
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(9) The fee for a roster of persons licensed as | ||
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(10) The annual fee for continuing education sponsors | ||
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(b) Any person who delivers a check or other payment to the
Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license to pay
all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/18.1) Sec. 18.1. Fee waivers. Notwithstanding any provision of law to the contrary, during State Fiscal Year 2023, the Department shall allow individuals a one-time waiver of fees imposed under Section 18 of this Act. No individual may benefit from such a waiver more than once. If an individual has already paid a fee required under Section 18 for Fiscal Year 2023, then the Department shall apply the money paid for that fee as a credit to the next required fee.
(Source: P.A. 102-1118, eff. 1-18-23.) |
(225 ILCS 100/19) (from Ch. 111, par. 4819)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Disciplinary Fund. All fees and fines received by the Department
under this Act shall be deposited in the Illinois State Podiatric
Disciplinary Fund, a special fund created hereunder in the State Treasury. Of
the moneys deposited into the Illinois State Podiatric Disciplinary Fund, during each 2-year renewal period, $200,000
of the money received from the payment of renewal fees shall be used for
podiatric scholarships and residency programs under the Podiatric Scholarship
and Residency Act and the remainder shall be appropriated to the Department for
expenses of the Department and of the Board and for
podiatric scholarships and residency programs under the Podiatric Scholarship
and Residency Act.
Moneys in the Illinois State Podiatric Disciplinary Fund may be
invested and reinvested in investments authorized for the investment of funds
of the State Employees' Retirement System of Illinois.
All earnings received from such investments shall be deposited in the
Illinois State Podiatric Disciplinary Fund and may be used for the
same purposes as fees deposited in such fund.
Moneys in the Fund may be transferred to the Professions Indirect Cost Fund
as authorized under Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
Moneys set aside for podiatric scholarships and residency programs under the Podiatric Scholarship and Residency Act, as provided for in this Section, may not be transferred under Section 8h of the State Finance Act.
Upon the completion of any audit of the Department as prescribed by the
Illinois State Auditing Act which includes an audit of the Illinois State
Podiatric Disciplinary Fund, the Department shall make the audit
open to inspection by any interested person.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/20)
Sec. 20. (Repealed).
(Source: P.A. 85-918. Repealed by P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/20.5) (Section scheduled to be repealed on January 1, 2028)
Sec. 20.5. Delegation of authority to advanced practice registered nurses.
(a) A podiatric physician in active clinical practice may collaborate with an advanced practice registered nurse in accordance with the requirements of the Nurse Practice Act. Collaboration shall be for the purpose of providing podiatric care and no employment relationship shall be required. A written collaborative agreement shall conform to the requirements of Section 65-35 of the Nurse Practice Act. A written collaborative agreement and podiatric physician collaboration and consultation shall be adequate with respect to advanced practice registered nurses if all of the following apply: (1) With respect to the provision of anesthesia | ||
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(2) Methods of communication are available with the | ||
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(3) With respect to the provision of anesthesia | ||
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(b) The collaborating podiatric physician shall have access to the records of all patients attended to by an advanced practice registered nurse. (c) Nothing in this Section shall be construed to limit the delegation of tasks or duties by a podiatric physician to a licensed practical nurse, a registered professional nurse, or other appropriately trained persons. (d) A podiatric physician shall not be liable for the acts or omissions of an advanced practice registered nurse solely on the basis of having signed guidelines or a collaborative agreement, an order, a standing order, a standing delegation order, or other order or guideline authorizing an advanced practice registered nurse to perform acts, unless the podiatric physician has reason to believe the advanced practice registered nurse lacked the competency to perform the act or acts or commits willful or wanton misconduct.
(e) A podiatric physician, may, but is not required to delegate prescriptive authority to an advanced practice registered nurse as part of a written collaborative agreement and the delegation of prescriptive authority shall conform to the requirements of Section 65-40 of the Nurse Practice Act. (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) |
(225 ILCS 100/20.6) (Section scheduled to be repealed on January 1, 2028) Sec. 20.6. Vaccinations. A podiatric physician may provide vaccinations to patients 18 years of age and older upon completion of appropriate training. The training shall include how to address contraindications and adverse reactions as established by rule. Vaccinations administered by a podiatric physician shall be limited to influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine), tetanus, and SARS-CoV-2. Vaccination of a patient by a podiatric physician shall be documented in the patient's record and the record shall be retained in accordance with current recordkeeping standards. The podiatric physician shall notify the patient's primary care physician of each dose of vaccine administered to the patient and shall enter all patient level data or update the patient's current record. The podiatric physician may provide this notice to the patient's physician electronically.(Source: P.A. 103-74, eff. 1-1-24.) |
(225 ILCS 100/21) (from Ch. 111, par. 4821)
(Section scheduled to be repealed on January 1, 2028)
Sec. 21. Advertising.
(A) Any podiatric physician may advertise the
availability of podiatric medical services in the public media or on the
premises where such services are rendered. Such advertising shall be
limited to the following information:
(a) the podiatric medical services available;
(b) publication of the podiatric physician's name, | ||
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(c) information pertaining to areas of practice | ||
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(d) information on usual and customary fees for | ||
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(e) announcement of the opening of, change of, | ||
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(f) announcement of additions to or deletions from | ||
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(g) the issuance of business or appointment cards;
(h) other information about the podiatric physician, | ||
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(B) It is unlawful for any podiatric physician licensed under this Act:
(1) to use claims of superior quality of care to | ||
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(2) to advertise in any way to practice podiatric | ||
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(3) to advertise or offer gifts as an inducement to | ||
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(C) This Act does not authorize the advertising of podiatric medical
services when the offeror of such services is not a podiatric physician.
Nor shall the podiatric physician use statements that contain
false,
fraudulent, deceptive or misleading material or guarantees of success,
statements that play upon the vanity or fears of the public, or
statements
that promote or produce unfair competition.
(D) A licensee shall include in every advertisement for services
regulated under
this Act his or her title as provided by rule or the initials
authorized under this Act.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/22) (from Ch. 111, par. 4822)
(Section scheduled to be repealed on January 1, 2028)
Sec. 22.
Practice by corporations.
No license shall be issued by the
Department to any
corporation (i) that has a stated purpose that
includes podiatry, or (ii) that practices or holds itself out as available to
practice podiatry
unless it is organized under the Professional Service
Corporation Act.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/23) (from Ch. 111, par. 4823)
(Section scheduled to be repealed on January 1, 2028)
Sec. 23.
Nothing contained in this Act shall:
(a) prohibit a corporation from employing a podiatric | ||
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(b) prohibit a corporation or association from | ||
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(c) prohibit a corporation or association from | ||
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Any corporation violating the provisions of this Section is guilty of a
Class A misdemeanor and each day that this Act is violated shall be
considered a separate offense.
(Source: P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Section scheduled to be repealed on January 1, 2028)
Sec. 24. Grounds for disciplinary action.
The Department may refuse to issue, may refuse to renew,
may refuse to restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or non-disciplinary action as the
Department may deem proper, including fines not to exceed $10,000
for each violation upon anyone licensed under this Act for any of the
following reasons:
(1) Making a material misstatement in furnishing | ||
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(2) Violations of this Act, or of the rules adopted | ||
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(3) Conviction by plea of guilty or nolo contendere, | ||
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(4) Making any misrepresentation for the purpose of | ||
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(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating | ||
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(8) Failing, within 30 days, to provide information | ||
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(9) Engaging in dishonorable, unethical or | ||
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(10) Habitual or excessive use of alcohol, narcotics, | ||
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(11) Discipline by another United States jurisdiction | ||
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(12) Violation of the prohibition against fee | ||
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(13) A finding by the Board that the licensee, after | ||
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(14) Abandonment of a patient.
(15) Willfully making or filing false records or | ||
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(16) Willfully failing to report an instance of | ||
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(17) Physical illness, mental illness, or other | ||
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(18) Solicitation of professional services other than | ||
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(19) The determination by a circuit court that a | ||
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(20) Holding oneself out to treat human ailments | ||
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(21) Revocation or suspension or other action taken | ||
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(22) Promotion of the sale of drugs, devices, | ||
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(23) Gross, willful, and continued overcharging for | ||
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(24) Being named as a perpetrator in an indicated | ||
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(25) Willfully making or filing false records or | ||
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(26) (Blank).
(27) Immoral conduct in the commission of any act | ||
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(28) Violation of the Health Care Worker | ||
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(29) Failure to report to the Department any adverse | ||
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(30) Willfully failing to report an instance of | ||
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(31) Being named as a perpetrator in an indicated | ||
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The Department may refuse to issue or may suspend the license of any
person who fails to file a return, or to pay the tax, penalty or interest
shown in a filed return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax
Act are satisfied.
Upon receipt of a written
communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of
Public Aid), or the Director of Public Health that
continuation of practice of a person licensed under
this Act constitutes an immediate danger to the public, the Secretary may
immediately suspend
the license of such person without a hearing. In instances in which the Secretary immediately suspends a license under this Section, a hearing upon
such person's license must be convened by the Board within 15 days after
such suspension and completed without appreciable delay, such hearing held
to determine whether to recommend to the Secretary that the person's license
be revoked, suspended, placed on probationary status or restored, or such
person be subject to other disciplinary action. In such hearing, the
written communication and any other evidence submitted therewith may be
introduced as evidence against such person; provided, however, the person
or his counsel shall have the opportunity to discredit or impeach such
evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all
proceedings to suspend, revoke, place on probationary status, or take
any
other disciplinary action as the Department may deem proper, with regard to a
license on any of the foregoing grounds, must be commenced within 5 years after
receipt by the Department of a complaint alleging the commission of or notice
of the conviction order for any of the acts described in this Section. Except
for the grounds set forth in items (8), (9), (26), and (29) of this Section, no action shall be commenced more than 10 years after
the date of the incident or act alleged to have
been a
violation of this Section.
In the event of the settlement of any claim or cause of action in favor of
the claimant or the reduction to final judgment of any civil action in favor of
the plaintiff, such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was negligent in providing
care, the Department shall have an additional period of 2 years from the date
of notification to the Department under Section 26 of this Act of such
settlement or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 24 of this Act, except as otherwise
provided by law.
The
time during which the holder of the license was outside the State of Illinois
shall not be included within any period of time limiting the commencement of
disciplinary action by the Department.
In enforcing this Section, the Department or Board upon a showing of a
possible
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department or Board may order the examining physician to
present
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
physicians
shall be specifically designated by the Board or Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
or
physical examination, when directed, shall be grounds for suspension of his or
her
license until the individual submits to the examination if the Department
finds,
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to practice because of
the
reasons
set forth in this Section, the Department or Board may require that individual
to submit
to
care, counseling, or treatment by physicians approved
or designated by the Department or Board, as a condition, term, or restriction
for continued,
restored, or
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, restored, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
with
such terms, conditions, or restrictions, shall be referred to the Secretary for
a
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30 days after the suspension and completed without
appreciable
delay.
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
medical records.
An individual licensed under this Act and affected under this Section shall
be
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/24.2) (Section scheduled to be repealed on January 1, 2028) Sec. 24.2. Prohibition against fee splitting. (a) A licensee under this Act may not directly or indirectly divide, share, or split any professional fee or other form of compensation for professional services with anyone in exchange for a referral or otherwise, other than as provided in this Section 24.2. (b) Nothing contained in this Section abrogates the right of 2 or more licensed health care workers as defined in the Health Care Worker Self-Referral Act to each receive adequate compensation for concurrently rendering services to a patient and to divide the fee for such service, whether or not the worker is employed, provided that the patient has full knowledge of the division and the division is made in proportion to the actual services personally performed and responsibility assumed by each licensee consistent with his or her license, except as prohibited by law. (c) Nothing contained in this Section prohibits a licensee under this Act from practicing podiatry through or within any form of legal entity authorized to conduct business in this State or from pooling, sharing, dividing, or apportioning the professional fees and other revenues in accordance with the agreements and policies of the entity provided: (1) each owner of the entity is licensed under this | ||
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(2) the entity is organized under the Professional | ||
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(3) the entity is allowed by Illinois law to provide | ||
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(4) the entity is a combination or joint venture of | ||
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(d) Nothing contained in this Section prohibits a
licensee under this Act from paying a fair market value fee to any person or entity whose purpose is to perform billing, administrative preparation, or collection services based upon a percentage of professional service fees billed or collected, a flat fee, or any other arrangement that directly or indirectly divides professional fees, for the administrative preparation of the licensee's claims or the collection of the licensee's charges for professional services, provided that: (1) the licensee or the licensee's practice under | ||
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(2) all charges collected are paid directly to the | ||
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(e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or fees of a licensee under this Act or the licensee's practice for bona fide advances made to the licensee or licensee's practice provided the licensee retains control and responsibility for the collection of the accounts receivable and fees. (f) Excluding payments that may be made to the owners of
or licensees in the licensee's practice under subsection (c) of this Section, a licensee under this Act may not divide, share or split a professional service fee with, or otherwise directly or indirectly pay a percentage of the licensee's professional service fees, revenues or profits to anyone for: (i) the marketing or management of the licensee's practice, (ii) including the licensee or the licensee's practice on any preferred provider list, (iii) allowing the licensee to participate in any network of health care providers, (iv) negotiating fees, charges or terms of service or payment on behalf of the licensee, or (v) including the licensee in a program whereby patients or beneficiaries are provided an incentive to use the services of the licensee. (g) Nothing contained in this Section prohibits the
payment of rent or other remunerations paid to an individual, partnership, or corporation by a licensee for the lease, rental, or use of space, owned or controlled by the individual, partnership, corporation, or association. (h) Nothing contained in this Section prohibits the payment, at no more than fair market value, to an individual, partnership, or corporation by a licensee for the use of staff, administrative services, franchise agreements, marketing required by franchise agreements, or equipment owned or controlled by the individual, partnership, or corporation, or the receipt thereof by a licensee.
(i) Nothing in this Section affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this Section shall be construed to require an employment arrangement to receive professional fees for services rendered.(Source: P.A. 97-813, eff. 7-13-12; 98-214, eff. 8-9-13.) |
(225 ILCS 100/24.5) (Section scheduled to be repealed on January 1, 2028) Sec. 24.5. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(225 ILCS 100/25) (from Ch. 111, par. 4825)
(Section scheduled to be repealed on January 1, 2028)
Sec. 25. Violations - Injunction - Cease and desist order.
A. If any
person violates the provision of this Act, the Secretary may, in the name of
the People of the State of Illinois, through the Attorney General of the
State of Illinois, petition, for an order enjoining such violation or for
an order enforcing compliance with this Act. Upon the filing of a verified
petition in such court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently enjoin such
violation, and if it is established that such person has violated or is
violating the injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to, and not in
lieu of, all other remedies and penalties provided by this Act.
B. If any person shall practice as a podiatric physician or hold himself
out as a podiatric physician without being licensed under the provisions of
this Act then any licensed podiatric physician, any interested party or any
person injured thereby may, in addition to the Secretary, petition for
relief as provided in subsection A of this Section.
C. Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued
forthwith.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/26) (from Ch. 111, par. 4826)
(Section scheduled to be repealed on January 1, 2028)
Sec. 26. Reports relating to professional conduct and capacity.
(A) The Board shall
by rule provide for the reporting to it of all instances in which a
podiatric physician licensed under this Act who is impaired by reason of
age, drug or alcohol abuse or physical or mental impairment, is under
supervision and, where appropriate, is in a program of rehabilitation.
Reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board, or by authorized staff of the
Department as provided by the rules of the Board. Provisions shall be made
for the periodic report of the status of any such podiatric physician not
less than twice annually in order that the Board shall have current
information upon which to determine the status of any such podiatric
physician. Such initial and periodic reports of impaired physicians shall
not be considered records within the meaning of the State Records Act and
shall be disposed of, following a determination by the Board that such
reports are no longer required, in a manner and at such time as the Board
shall determine by rule. The filing of such reports shall be construed as
the filing of a report for the purposes of subsection (C) of this
Section.
Failure to file a report under this Section shall be a Class A misdemeanor.
(A-5) The following persons and entities shall report to the Department or the Board in the instances and under the conditions set forth in this subsection (A-5):
(1) Any administrator or officer of any hospital, | ||
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(2) The president or chief executive officer of any | ||
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(3) Every insurance company that offers policies of | ||
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(4) The State's Attorney of each county shall report | ||
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(5) All agencies, boards, commissions, departments, | ||
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(B) All reports required by this Act shall
be
submitted to the Board in a timely fashion. The reports shall be filed in
writing within 60 days after a determination that a report is required
under this Act. All reports shall contain the following information:
(1) The name, address and telephone number of the | ||
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(2) The name, address and telephone number of the | ||
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(3) The name or other means of identification of any | ||
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(4) A brief description of the facts that gave rise | ||
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(5) If court action is involved, the identity of the | ||
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(6) Any further pertinent information that the | ||
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Nothing contained in this Section shall waive or modify the
confidentiality of medical reports and committee reports to the extent
provided by law. Any information reported or disclosed shall be kept for
the confidential use of the Board, the Board's attorneys, the investigative
staff and other authorized Department staff, as provided in this Act, and
shall be afforded the same status as is provided information concerning
medical studies in Part 21 of Article VIII of the Code of Civil Procedure.
(C) Any individual or organization acting in
good faith, and not in a willful and wanton manner, in complying with this
Act by providing any report or other information to the Board, or assisting
in the investigation or preparation of such information, or by
participating in proceedings of the Board, or by serving as a member of the
Board, shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Members of the Board, the Board's attorneys, the
investigative staff, other podiatric physicians retained under contract to
assist and advise in the investigation, and other authorized Department
staff shall be indemnified by the State for any actions occurring within the
scope of services on the Board, done in good faith and not willful and
wanton in nature. The Attorney General shall defend all such actions unless
he or she determines either that he or she would have a conflict of
interest in such representation or that the actions complained of were not in
good faith or were willful and wanton.
Should the Attorney General decline representation, the member shall have
the right to employ counsel of his or her choice, whose fees shall be provided
by the State, after approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in good faith or
were willful and wanton. The member must notify the Attorney General within 7
days of receipt of notice of the initiation of any action involving services
of the Board. Failure to so notify the Attorney General shall constitute an
absolute waiver of the right to a defense and indemnification. The Attorney
General shall determine within 7 days after receiving such notice, whether he
or she will undertake to represent the member.
(E) Upon the receipt of any report called for
by this Act, other than those reports of impaired persons licensed under
this Act required pursuant to the rules of the Board, the Board shall
notify in writing, by mail or email, the podiatric physician who is the
subject of the report. Such notification shall be made within 30 days of
receipt by the Board of the report.
The notification shall include a written notice setting forth the podiatric
physician's right to examine the report. Included in such notification
shall be the address at which the file is maintained, the name of the
custodian of the reports, and the telephone number at which the custodian
may be reached. The podiatric physician who is the subject of the report
shall be permitted to submit a written statement responding, clarifying,
adding to, or proposing the amending of the report previously filed. The
statement shall become a permanent part of the file and must be received by
the Board no more than 30 days after the date on which the podiatric
physician was notified of the existence of the original report.
The Board shall review all reports received by it, together with any
supporting information and responding statements submitted by persons who
are the subject of reports. The review by the Board shall be in a timely
manner but in no event shall the Board's initial review of the material
contained in each disciplinary file be less than 61 days nor more than 180
days after the receipt of the initial report by the Board.
When the Board makes its initial review of the materials contained within
its disciplinary files the Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further investigation or
action. Failure to make such determination within the time provided shall
be deemed to be a determination that there are not sufficient facts to
warrant further investigation or action.
Should the Board find that there are not sufficient facts to warrant
further investigation, or action, the report shall be accepted for filing
and the matter shall be deemed closed and so reported.
The individual or entity filing the original report or complaint and the
podiatric physician who is the subject of the report or complaint shall be
notified in writing by the Board of any final action on their report or
complaint.
(F) The Board shall prepare on a timely basis, but in
no event less than once every other month, a summary report of final
disciplinary actions taken upon disciplinary files maintained by the Board. The summary
reports shall be made available on the Department's web site.
(G) Any violation of this Section shall be a Class A misdemeanor.
(H) If any such podiatric physician violates
the provisions of this Section, an action may be brought in the name of the
People of the State of Illinois, through the Attorney General of the State
of Illinois, for an order enjoining such violation or for an order
enforcing compliance with this Section. Upon filing of a verified petition
in such court, the court may issue a temporary restraining order without
notice or bond and may preliminarily or permanently enjoin such violation,
and if it is established that such podiatric physician has violated or is
violating the injunction, the Court may punish the offender for contempt of
court. Proceedings under this paragraph shall be in addition to, and not
in lieu of, all other remedies and penalties provided for by this Section.
(Source: P.A. 99-143, eff. 7-27-15; 100-525, eff. 9-22-17.)
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(225 ILCS 100/27) (from Ch. 111, par. 4827)
(Section scheduled to be repealed on January 1, 2028)
Sec. 27. Investigations; notice and hearing. The Department may investigate the actions of any applicant or of any
person
or persons holding or claiming to hold a license. The Department shall,
before suspending, revoking, placing on probationary status or taking any
other disciplinary action as the Department may deem proper with regard
to any licensee, at least 30 days prior to the date set for the hearing,
notify the accused in writing of any charges made and the time and place
for a hearing of the charges before the Board, direct him or her to file
his or
her written
answer thereto to the Board under oath within 20 days after the service
on him or her of such notice and inform her or him that if he or she fails
to
file such
answer
default will be taken against him or her and his or her license may be
revoked,
suspended, placed
on probationary status, or subject to other disciplinary action, including
limiting
the scope, nature, or extent of his or her practice as the Department may
deem proper.
In case the accused person, after receiving notice fails to file an
answer, his or her license may, in the discretion of the Secretary having
received
the recommendation of the Board, be suspended, revoked, or placed on
probationary status or the Secretary may take whatever disciplinary action
as he or she may deem proper including limiting the scope, nature, or extent
of the
accused person's practice without a hearing if the act or acts charged
constitute sufficient grounds for such action under this Act.
Written or electronic
notice may be served by personal delivery,
mail, or email to the applicant or licensee at his or her address of record or email address of record. At the time and placed fixed in the notice, the Board shall
proceed to hear the charges
and the parties or their counsel shall be accorded ample opportunity
to present such statements, testimony, evidence and argument as may
be pertinent to the charges or to the defense thereto. The Board
may continue such hearing from time to time.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/28) (from Ch. 111, par. 4828)
(Section scheduled to be repealed on January 1, 2028)
Sec. 28.
Stenographer - Transcript.
The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case involving the refusal to issue, renew or discipline of a license. The
notice of hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the transcript of
testimony, the report of the Board and orders of the Department shall be
the record of such proceeding.
(Source: P.A. 85-918.)
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(225 ILCS 100/29) (from Ch. 111, par. 4029)
(Section scheduled to be repealed on January 1, 2028)
Sec. 29.
Compelling testimony.
Any circuit court may, upon
application of the Department or designee or
of the applicant or licensee against whom proceedings upon Section 24 of
this Act are pending, enter an order requiring the attendance of witnesses
and their testimony, and the production of documents, papers, files, books
and records in connection with any hearing or investigation. The court may
compel obedience to its order by proceedings for contempt.
(Source: P.A. 85-918.)
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(225 ILCS 100/30) (from Ch. 111, par. 4830)
(Section scheduled to be repealed on January 1, 2028)
Sec. 30. Witness; subpoenas. The Department shall have the power to
subpoena and bring before it any person in this State and to take
testimony, either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed by law in judicial proceedings
in civil cases in circuit courts of this State.
The Secretary, and any member of the Board, shall each have the power to
administer oaths to witnesses at any hearing that the Department
is
authorized to conduct under this Act, and any other oaths required or
authorized to be administered by the Department hereunder.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/31) (from Ch. 111, par. 4831)
(Section scheduled to be repealed on January 1, 2028)
Sec. 31. Notice of hearing - Findings and recommendations. At the
conclusion of the hearing the Board shall present to the Secretary
a written report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or not the
accused person violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply, and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law and recommendations of
the Board shall be the basis for the Department's order or refusal or for
the granting of a license. If the Secretary disagrees in any regard with
the report of the Board, the Secretary may issue an order in contravention
thereof. The Secretary shall provide a written report to the Board on any
deviation, and shall specify with particularity the reasons for such action
in the final order. The finding is not admissible in evidence against the
person in a criminal prosecution brought for the violation of this Act, but
the hearing and finding are not a bar to a criminal prosecution brought for
the violation of this Act.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/32) (from Ch. 111, par. 4832)
(Section scheduled to be repealed on January 1, 2028)
Sec. 32. Board - Rehearing. In any case involving the refusal to
issue, renew or discipline of a license,
a copy of the Board's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for the service
of the notice of hearing. Within 20 days after such service, the respondent
may present to the Department a motion in writing for a rehearing, which
motion shall specify the particular grounds therefor.
If no motion for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for rehearing is denied,
then upon such denial the Secretary may enter an order in accordance with
recommendations of the Board except as provided in Section 31 of this
Act. If the respondent shall order from the reporting service, and pay
for a transcript of the record within the time for filing a motion for
rehearing, the 20 day period within which such a motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/33) (from Ch. 111, par. 4833)
(Section scheduled to be repealed on January 1, 2028)
Sec. 33. Secretary - Rehearing. Whenever the Secretary is satisfied
that substantial justice has not been done in the revocation, suspension or
refusal to issue or renew a license, the Secretary may order a rehearing by
the same or another hearing officer or Board.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/34) (from Ch. 111, par. 4834)
(Section scheduled to be repealed on January 1, 2028)
Sec. 34. Appointment of a hearing officer. The Secretary has
the authority to appoint any attorney duly licensed to practice
law in the State of Illinois to serve as the hearing officer in any action
for refusal to issue, restore, or renew a license or discipline of a license.
The hearing
officer shall have full authority to conduct the hearing. The hearing officer
shall report his or her findings of fact, conclusions of law and
recommendations
to the Board and the Secretary. The Board shall review the report of the hearing officer and present their
findings of fact, conclusions of law and recommendations to the
Secretary. If the Board
fails to present its report, the Secretary may
issue an order based on the report of the hearing officer. If the Secretary
disagrees in any regard with the report of the Board or hearing officer, he
or she
may issue an order in contravention of the Board's report.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/35) (from Ch. 111, par. 4835)
(Section scheduled to be repealed on January 1, 2028)
Sec. 35. Order or certified copy; prima facie proof.
An order or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Secretary is duly appointed and qualified; | ||
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(c) the Board and the members thereof are qualified | ||
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(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/36) (from Ch. 111, par. 4836)
(Section scheduled to be repealed on January 1, 2028)
Sec. 36. Restoration of suspended or revoked license. At
any time after the suspension or revocation of any license, the Department
may restore it to the accused person upon the written recommendation of
the Board, unless after an investigation and a hearing the Board
determines that restoration is not in the public interest. No person whose license has been revoked as authorized in this Act may apply for restoration of that license until such time as provided for in the Civil Administrative Code of Illinois.
A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the requirements for restoration of a nonrenewed license as set forth in Section 15 of this Act and any related rules adopted. (Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/37) (from Ch. 111, par. 4837)
(Section scheduled to be repealed on January 1, 2028)
Sec. 37.
Surrender of license.
Upon the revocation or suspension of
any license, the licensee shall forthwith
surrender the license or licenses to the Department and if the licensee
fails to do so, the Department shall have the right to seize the license.
(Source: P.A. 85-918.)
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(225 ILCS 100/38) (from Ch. 111, par. 4838)
(Section scheduled to be repealed on January 1, 2028)
Sec. 38. Temporary suspension of a license. The Secretary may
temporarily suspend the license of a podiatric physician
without a hearing, simultaneously with the institution of proceedings for
a hearing provided for in Section 27 of this Act, if the Secretary finds
that evidence in his or her possession indicates that a podiatric
physician's
continuation in practice would constitute an imminent danger to the public.
In the event that the Secretary suspends, temporarily, this license of a
podiatric physician without a hearing, a hearing by the Board must be held
within 30 days after such suspension has occurred and shall be concluded
without appreciable delay.
(Source: P.A. 95-235, eff. 8-17-07.)
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(225 ILCS 100/39) (from Ch. 111, par. 4839)
(Section scheduled to be repealed on January 1, 2028)
Sec. 39.
Administrative Review; venue.
All final administrative
decisions of the Department are subject to judicial review pursuant to the
provisions of the Administrative Review Law, and all rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; except, that
if the party is not a resident of this State, the venue shall be in
Sangamon County.
During the pendency and hearing of any judicial proceeding incident to a
disciplinary action, the sanctions imposed upon the accused by the Department
because of acts or omissions related to the delivery of direct patient care, as
specified in the Department's final administrative decision, shall as a matter
of public policy remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 88-184.)
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(225 ILCS 100/40) (from Ch. 111, par. 4840)
(Section scheduled to be repealed on January 1, 2028)
Sec. 40. Certification of record; costs. The Department shall not
be required to certify any record
to the court or file any answer in court or otherwise appear in any court
in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the
costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the
part of the plaintiff to file a receipt in court shall be grounds
for
dismissal of the action.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/41) (from Ch. 111, par. 4841)
(Section scheduled to be repealed on January 1, 2028)
Sec. 41. Violations. Any person who is found to have violated any
provisions of this Act is guilty of a Class A misdemeanor.
All criminal fines, monies, or other property collected or received by
the Department under this Section or any other State or federal statute,
including, but not limited to, property forfeited to the Department under
Section 505 of the Illinois Controlled Substances Act or Section 85 of the Methamphetamine Control and Community Protection Act, shall be deposited
into the Professional Regulation Evidence Fund.
The Board, with the advice of the Secretary and attorneys for the
Department, may establish by rule a schedule of fines payable by those who
have violated any provisions of this Act.
Fines assessed and collected for violations of this Act shall be
deposited in the Illinois State Podiatric Medical Disciplinary Fund.
(Source: P.A. 94-556, eff. 9-11-05; 95-235, eff. 8-17-07.)
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(225 ILCS 100/42) (from Ch. 111, par. 4842)
(Section scheduled to be repealed on January 1, 2028)
Sec. 42. Illinois Administrative Procedure Act. The Illinois Administrative Procedure
Act is hereby expressly adopted and incorporated herein as if all of the
provisions of that Act were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purpose of this Act the notice
required under Section 10-25 of the Illinois Administrative Procedure Act is deemed
sufficient when mailed or emailed to the address of record or email address of record.
(Source: P.A. 100-525, eff. 9-22-17.)
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(225 ILCS 100/43) (from Ch. 111, par. 4843)
(Section scheduled to be repealed on January 1, 2028)
Sec. 43.
Public policy.
It is declared to be the public policy of this
State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of
the Illinois Constitution of 1970, that any power or function set forth in
this Act to be exercised by the State is an exclusive State power or
function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including
home rule units, except as otherwise provided by this Act.
(Source: P.A. 85-918.)
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(225 ILCS 100/44) (from Ch. 111, par. 4844)
Sec. 44.
(Repealed).
(Source: P.A. 85-1440. Repealed by P.A. 90-76, eff. 12-30-97.)
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(225 ILCS 100/45) (from Ch. 111, par. 4845)
(Section scheduled to be repealed on January 1, 2028)
Sec. 45.
Savings clause.
All disciplinary action, taken
or pending, pursuant to "An Act to regulate the practice of podiatry in the
State of Illinois", approved April 26, 1917, as amended, shall, for the
actions taken, remain in effect, and for the actions pending, shall be
continued, on the effective date of this Act without having separate
actions filed by the Department.
(Source: P.A. 85-1440.)
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(225 ILCS 100/46) (Section scheduled to be repealed on January 1, 2028) Sec. 46. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee, registrant, or applicant, including, but not limited to, any complaint against a licensee or registrant filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 100-525, eff. 9-22-17.) |