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90_SB0858enr
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Amends the Regulatory Agency Sunset Act to extend the
sunset date of the Podiatric Medical Practice Act of 1987 to
January 1, 2008. Amends the Podiatric Medical Practice Act of
1987. Deletes requirement that applicants complete parts of
the examination administered by the National Board of
Podiatric Medical Examiners. Allows the Department to impose
a fine not to exceed $5,000 (now, $2,500) upon a licensee for
a violation enumerated in the Act. Provides that the
Department must commence a disciplinary action for specified
violations of the Act within 3 years of notification or
complaint of the violation. Allows the Department or
Podiatric Medical Licensing Board to compel a licensee or
applicant to submit to a mental or physical examination upon
a showing of a possible violation of the Act. Makes technical
and additional substantive changes. Reorganizes certain
provisions within the Act. Deletes obsolete language.
Effective December 30, 1997.
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1 AN ACT extending the Podiatric Medical Licensing Board,
2 concerning podiatric medicine, and amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Regulatory Agency Sunset Act is amended by
6 changing Section 4.9 and adding Section 4.18 as follows:
7 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
8 Sec. 4.9. The following Acts are repealed December 31,
9 1997:
10 The Medical Practice Act of 1987.
11 The Pharmacy Practice Act of 1987.
12 The Illinois Optometric Practice Act of 1987.
13 The Podiatric Medical Practice Act of 1987.
14 The Nursing Home Administrators Licensing and
15 Disciplinary Act.
16 The Physician Assistant Practice Act of 1987.
17 The Illinois Nursing Act of 1987.
18 The Clinical Social Work and Social Work Practice Act.
19 The Clinical Psychologist Licensing Act.
20 The Illinois Speech-Language Pathology and Audiology
21 Practice Act.
22 The Marriage and Family Therapy Licensing Act.
23 (Source: P.A. 87-1237.)
24 (5 ILCS 80/4.18 new)
25 Sec. 4.18. Act repealed on January 1, 2008. The following
26 Act is repealed on January 1, 2008:
27 The Podiatric Medical Practice Act of 1987.
28 Section 10. The Podiatric Medical Practice Act of 1987 is
29 amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 12, 13,
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1 15, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27, 30, 34, and 38 as
2 follows:
3 (225 ILCS 100/3) (from Ch. 111, par. 4803)
4 Sec. 3. Exceptions. This Act does not prohibit:
5 (A) A. Any person licensed to practice medicine and
6 surgery in all of its branches in this State under the
7 Medical Practice Act of 1987 from engaging in the
8 practice for which he or she is licensed.;
9 (B) B. The practice of podiatric medicine by a
10 person who is employed by the United States government or
11 any bureau, division or agency thereof while in the
12 discharge of the employee's official duties.;
13 (C) C. The practice of podiatric medicine that
14 which is included in their program of study by students
15 enrolled in any approved college of podiatric medicine or
16 in refresher courses approved by the Department.;
17 (D) D. The practice of podiatric medicine by one
18 who has applied in writing to the Department, in form and
19 substance satisfactory to the Department, for a license
20 as a podiatric physician and has complied with all the
21 provisions under Section 9 of this Act, except the
22 passing of an examination to be eligible to receive such
23 license, until the decision of the Department that the
24 applicant has failed to pass the next available
25 examination authorized by the Department or has failed to
26 take the next available examination authorized by the
27 Department, or the withdrawal of the application.;
28 (E) E. The practice of podiatric medicine by one
29 who is a podiatric physician under the laws of another
30 state, territory of the United States or country as
31 described in Section 18 of this Act, and has applied in
32 writing to the Department, in form and substance
33 satisfactory to the Department, for a license as a
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1 podiatric physician and who is qualified to receive such
2 license under Section 13 or Section 9, until:
3 (1) the expiration of 6 months after the
4 filing of such written application, or
5 (2) the withdrawal of such application, or
6 (3) the denial of such application by the
7 Department.;
8 (F) F. The provision of emergency care without fee
9 by a podiatric physician assisting in an emergency as
10 provided in Section 4.
11 An applicant for a license to practice podiatric
12 medicine, practicing under the exceptions set forth in
13 paragraphs (D) D or (E) E, may use the title podiatric
14 physician, podiatrist, doctor of podiatric medicine or
15 chiropodist as set forth in Section 5 of this Act.
16 (Source: P.A. 85-918.)
17 (225 ILCS 100/4) (from Ch. 111, par. 4804)
18 Sec. 4. Exemption from civil liability.
19 (A) A. Exemption from civil liability for emergency care
20 is as provided in the Good Samaritan Act.
21 (B) B. While serving upon any professional utilization
22 committee, a professional review organization, a peer review
23 committee, a mediation committee or a board of directors
24 considering such matters of peer review or any review
25 committee sanctioned by the profession or sponsored by its
26 association, a podiatric physician shall not be liable for
27 civil damages as a result of his or her acts, omissions or
28 decisions in connection with his or her duties on such
29 committees or boards, except in cases involving willful or
30 wanton misconduct.
31 (Source: P.A. 89-607, eff. 1-1-97.)
32 (225 ILCS 100/5) (from Ch. 111, par. 4805)
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1 Sec. 5. Definitions. As used in this Act:
2 (A) A. "Department" means the Department of Professional
3 Regulation.
4 (B) B. "Director" means the Director of Professional
5 Regulation.
6 (C) C. "Board" means the Podiatric Medical Licensing
7 Board appointed by the Director.
8 (D) D. "Podiatric medicine" or ("podiatry") means the
9 diagnosis, medical, physical, or surgical treatment of the
10 ailments of the human foot with the exception of
11 administration of general anesthetics and the amputation of
12 the human foot. For the purposes of this Act, the terms
13 podiatric medicine, podiatry and chiropody have the same
14 definition.
15 (E) E. "Human foot" means the ankle and soft tissue
16 which insert into the foot as well as the foot.
17 (F) F. "Podiatric physician" means a physician licensed
18 to practice podiatric medicine.
19 (G) G. "Postgraduate training" means a minimum one year
20 postdoctoral structured and supervised educational experience
21 approved by the Council on Podiatric Medical Education of the
22 American Podiatric Medical Association which includes
23 residencies and preceptorships.
24 (Source: P.A. 85-1209.)
25 (225 ILCS 100/6) (from Ch. 111, par. 4806)
26 Sec. 6. Powers and duties of the Department. The
27 Department shall exercise the powers and duties prescribed by
28 the Civil Administrative Code of Illinois for the
29 administration of licensing acts and shall exercise such
30 other powers and duties conferred by this Act.
31 The Director may promulgate rules consistent with the
32 provisions of this Act, for the administration and
33 enforcement thereof and may prescribe forms that which shall
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1 be issued in connection therewith.
2 (Source: P.A. 85-918.)
3 (225 ILCS 100/7) (from Ch. 111, par. 4807)
4 Sec. 7. Creation of the Board. The Director shall
5 appoint a Podiatric Medical Licensing Board as follows: 5
6 members must be actively engaged in the practice of podiatric
7 medicine in this State for a minimum of 3 years and one
8 member must be a member of the general public who is not
9 licensed under this Act or a similar Act of another
10 jurisdiction.
11 Members shall serve 3 year terms and serve until their
12 successors are appointed and qualified. No member shall be
13 reappointed to the Board for a term that would cause his or
14 her continuous service on the Board to be longer than 8
15 successive years, except that of the initial appointments,
16 one member shall be appointed to serve for one year, 2 shall
17 be appointed to serve for 2 years and those remaining shall
18 be appointed to serve for 3 years and until their successors
19 are appointed and qualified.
20 A majority of Board members currently appointed shall
21 constitute a quorum. A vacancy in the membership of the Board
22 shall not impair the right of a quorum to exercise the rights
23 and perform all of the duties of the Board.
24 In making appointments to the Board the Director shall
25 give due consideration to recommendations by the Illinois
26 Podiatric Medical Association and shall promptly give due
27 notice to the Illinois Podiatric Medical Association of any
28 vacancy in the membership of the Board.
29 No member shall be reappointed to the Board for a term
30 which would cause his continuous service on the Board to be
31 longer than 8 successive years.
32 Appointments to fill vacancies shall be made in the same
33 manner as original appointments, for the unexpired portion of
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1 the vacated term. Initial terms shall begin upon the
2 effective date of this Act and Board members in office on
3 that date under the predecessor Act may be appointed to
4 specific terms as indicated herein.
5 For the initial appointment of the Board the Director
6 shall give priority to filling the public member term.
7 The Board shall annually elect a chairperson and
8 vice-chairperson.
9 The membership of the Board should reasonably reflect
10 representation from the geographic areas in this State.
11 Members of the Board shall be immune from suit in any
12 action based upon any disciplinary proceedings or other
13 activities performed in good faith as members of the Board.
14 The members of the Board shall each receive as
15 compensation a reasonable sum as determined by the Director
16 for each day actually engaged in the duties of the office,
17 and all legitimate and necessary expenses incurred in
18 attending the meetings of the Board.
19 The Director may terminate the appointment of any member
20 for cause that which in the opinion of the Director
21 reasonably justifies such termination.
22 The Director shall consider the recommendations of the
23 Board on questions involving standards of professional
24 conduct, discipline, and qualifications of candidates and
25 licensees under this Act.
26 Notice of proposed rulemaking shall be transmitted to the
27 Board and the Department shall review the response of the
28 Board and any recommendations made in the response therein.
29 The Department may, at any time, seek the expert advice and
30 knowledge of the Board on any matter relating to the
31 administration or enforcement of this Act.
32 (Source: P.A. 85-918.)
33 (225 ILCS 100/8) (from Ch. 111, par. 4808)
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1 Sec. 8. Applications for original license Failure or
2 refusal to take examination. Applications for original
3 licenses shall be made to the Department and shall be
4 accompanied by the required fee, which shall not be
5 refundable returnable. Any such application shall require
6 such information as in the judgement of the Department will
7 enable the Department to pass on the qualifications of the
8 applicant for a license.
9 Applicants have 3 years from the date of application to
10 complete the application process. If the process has not been
11 completed within the 3 years, the application shall be
12 denied, the fee shall be forfeited, and the applicant must
13 reapply and meet the requirements in effect at the time of
14 reapplication.
15 (Source: P.A. 85-918.)
16 (225 ILCS 100/9) (from Ch. 111, par. 4809)
17 Sec. 9. Examination for licensure. The Department shall
18 authorize examinations of applicants as podiatric physicians
19 at such times and places as it may determine, so long as the
20 examinations are administered at least 2 times each year.
21 The examination of applicants shall be of a character to give
22 a fair test of the qualifications of the applicant to
23 practice podiatric medicine.
24 An applicant Applicants for examination as a podiatric
25 physician shall be required to pay, either to the Department
26 or the designated testing service, a fee covering the costs
27 of providing the examination. Failure to appear for the
28 examination on the scheduled date, at the time and place
29 specified, after the applicant's application for examination
30 has been received and acknowledged by the Department or the
31 designated testing service, shall result in the forfeiture of
32 the examination fee.
33 If an applicant neglects, fails or refuses to take an
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1 examination or fails to pass an examination for a license
2 under this Act within 3 years after filing filling the his
3 application, the application is automatically shall be
4 denied. However, after the denial, the applicant may make a
5 new application, accompanied by the required fee, and provide
6 evidence of meeting the requirements in force at the time of
7 the new application.
8 The Department may employ consultants for the purpose of
9 preparing and conducting examinations.
10 (Source: P.A. 87-1237.)
11 (225 ILCS 100/10) (from Ch. 111, par. 4810)
12 Sec. 10. Qualifications for licensure. A person shall
13 be qualified for licensure as a podiatric physician:
14 (A) A. who has applied for licensure on blank forms
15 prepared and furnished by the Department;
16 (B) B. who is at least 21 years of age;
17 (C) C. who is of good moral character. In
18 determining moral character under this Section, the
19 Department may take into consideration any felony
20 conviction of the applicant, but such a conviction shall
21 not operate as a bar to licensure;
22 (D) D. who is a graduate of an approved college of
23 podiatric medicine and has attained the academic degree
24 of doctor of podiatric medicine (D.P.M.);
25 (E) E. who has successfully completed an
26 examination authorized by the Department all 3 parts of
27 the required examination authorized by the Department,
28 including both parts 1 and 2 of the test administered by
29 the National Board of Podiatric Medical Examiners and the
30 written practical examination conducted by the
31 Department; and
32 (F) F. who has successfully completed a minimum of
33 one year postgraduate training as defined in Section 5 of
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1 this Act. The postgraduate training requirement shall be
2 effective July 1, 1992.
3 (Source: P.A. 89-387, eff. 8-20-95.)
4 (225 ILCS 100/12) (from Ch. 111, par. 4812)
5 Sec. 12. Temporary license; qualifications and terms.
6 (A) A. Podiatric physicians otherwise qualified for
7 licensure, with the exception of completion of one year of
8 postgraduate training and the exception of the successful
9 completion of the written practical examination required
10 under Section 10, may be granted a one year temporary license
11 to practice podiatric medicine provided that the applicant
12 can demonstrate that he or she has been accepted and is
13 enrolled in a recognized postgraduate training program during
14 the period for which the temporary license is sought. Such
15 temporary licenses shall be valid for one year from the date
16 of issuance for the practice site issued and may be renewed
17 once. In addition, an applicant may request a one-year
18 extension pursuant to the rules of the Department. Such
19 applicants shall apply in writing on those forms prescribed
20 by the Department and shall submit with the application the
21 required application fee. Other examination fees that which
22 may be required under Section 8 must also be paid by
23 temporary licensees.
24 (B) B. Application for visiting professor permits shall
25 be made to the Department in writing on forms prescribed by
26 the Department and be accompanied by the required fee.
27 Visiting professor permits shall be valid for one year from
28 the date of issuance or until such time as the faculty
29 appointment is terminated, whichever occurs first, and may be
30 renewed once.
31 (Source: P.A. 85-1023.)
32 (225 ILCS 100/13) (from Ch. 111, par. 4813)
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1 Sec. 13. Display of license. Every podiatric physician to
2 whom a license certificate of licensure is granted under this
3 Act, shall display the same in a conspicuous place in his or
4 her principal office, place of business or employment. Any
5 person violating the provisions of this Section, shall be
6 guilty of a petty offense and fined $100. Fines levied and
7 collected for this violation shall be deposited with the
8 Department and allocated to the Podiatric Medical
9 Disciplinary Fund.
10 (Source: P.A. 85-918.)
11 (225 ILCS 100/15) (from Ch. 111, par. 4815)
12 Sec. 15. Licenses; renewal; restoration; Person in
13 military service.
14 (A) A. The expiration date and renewal period for each
15 license issued under this Act shall be set by rule.
16 (B) B. Any podiatric physician who has permitted his or
17 her license to expire or who has had his license on inactive
18 status may have the his license restored by making
19 application to the Department, providing proof of continuing
20 education, and filing proof acceptable to the Department of
21 his or her fitness to have the his license restored, which
22 may include evidence of active lawful practice in another
23 jurisdiction satisfactory to the Department and by paying the
24 required restoration fee.
25 (C) C. If the podiatric physician has not maintained an
26 active practice in another jurisdiction satisfactory to the
27 Department, the Podiatric Medical Licensing Board shall
28 determine, by an evaluation program established by rule his
29 or her fitness to resume active status and may require the
30 podiatric physician to complete an established period of
31 evaluated clinical experience and may require successful
32 completion of the practical examination, as provided by rule.
33 (D) D. However, any podiatric physician whose license
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1 expired while he or she was (1) in Federal Service on active
2 duty with the Armed Forces of the United States or the
3 Veterans Administration or the State Militia called into
4 service or training, or (2) in training or education under
5 the supervision of the United States preliminary to induction
6 into the military service, may have the license his licensed
7 renewed or restored without paying any lapsed renewal fees if
8 within 2 years after honorable termination of such service,
9 training or education, except under conditions other than
10 honorable, he or she furnished the Department with
11 satisfactory evidence to the effect that he or she has been
12 so engaged and that his or her service, training or education
13 has been so terminated.
14 (Source: P.A. 85-1209.)
15 (225 ILCS 100/16) (from Ch. 111, par. 4816)
16 Sec. 16. Inactive licenses. Any podiatric physician who
17 notifies the Department in writing on forms prescribed by the
18 Department, may elect to place his or her license on an
19 inactive status and shall, subject to rules of the
20 Department, be excused from payment of renewal fees and
21 compliance with continuing education requirements until he or
22 she notifies the Department in writing of his or her desire
23 to resume active status.
24 Any podiatric physician requesting restoration from
25 inactive status shall be required to complete the continuing
26 education requirements for a single license renewal period
27 and to pay the current renewal fee and shall be required to
28 restore his or her license, as provided in Section 15 of this
29 Act. Any podiatric physician whose license is in an inactive
30 status shall not practice podiatric medicine in the State of
31 Illinois. Any licensee who shall practice podiatric medicine
32 while his or her license is lapsed on inactive status shall
33 be considered to be practicing without a license which shall
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1 be grounds for discipline under Section 24 of this Act.
2 (Source: P.A. 85-918.)
3 (225 ILCS 100/17) (from Ch. 111, par. 4817)
4 Sec. 17. Endorsement. The Department may, in its
5 discretion, license as a podiatric physician without
6 examination on payment of the required fee, an applicant who
7 is a podiatric physician license under the laws of another
8 state or territory, or of another country, if the
9 requirements for licensure of podiatric physicians in the
10 state or territory or country in which the applicant was
11 licensed were, at the date of his or her licensure,
12 substantially equivalent to the requirements in force in this
13 State on that date or on the date licensure is sought under
14 this Section. The Department may, at its discretion, require
15 an applicant under this Section to take such examinations as
16 are required in Section 9 of this Act and may also require
17 compliance with the qualifications listed in Section 10 of
18 this Act.
19 Applicants have 3 years from the date of application to
20 complete the application process. If the process has not
21 been completed in 3 years, the application shall be denied,
22 the fee shall be forfeited, and the applicant must reapply
23 and meet the requirements in effect at the time of
24 reapplication.
25 (Source: P.A. 86-596.)
26 (225 ILCS 100/18) (from Ch. 111, par. 4818)
27 Sec. 18. Fees.
28 (a) A. The following fees are not refundable.
29 (1) The fee for a certificate of licensure is $400
30 $250. The fee for a temporary permit or Visiting
31 Professor permit under Section 12 of this Act is $250
32 $100.
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1 (2) In addition, applicants for any examination
2 shall be required to pay, either to the Department or to
3 the designated testing service, a fee covering the cost
4 of providing the examination. Failure to appear for the
5 examination on the scheduled date, at the time and place
6 specified, after the applicant's application for
7 examination has been received and acknowledged by the
8 Department or the designated testing service, shall
9 result in the forfeiture of the examination fee.
10 (3) The fee for the renewal of a certificate of
11 licensure shall be calculated at the rate of $200 $100
12 per year. The fee for the renewal of a temporary permit
13 or Visiting Professor permit shall be calculated at the
14 rate of $125 $100 per year.
15 (4) The fee for the restoration of a certificate of
16 licensure other than from inactive status is $100 plus
17 payment of all lapsed renewal fees, but not to exceed
18 $910 $510.
19 (5) The fee for the issuance of a duplicate
20 certificate of licensure, for the issuance of a
21 replacement certificate for a certificate which has been
22 lost or destroyed or for the issuance of a certificate
23 with a change of name or address other than during the
24 renewal period is $20. No fee is required for name and
25 address changes on Department records when no duplicate
26 certificate is issued.
27 (6) The fee for a certification of a licensee's
28 record for any purpose is $20.
29 (7) The fee to have the scoring of an examination
30 administered by the Department reviewed and verified is
31 $20 plus any fees charged by the applicable testing
32 service.
33 (8) The fee for a wall certificate showing
34 licensure shall be the actual cost of producing such
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1 certificates.
2 (9) The fee for a roster of persons licensed as
3 podiatric physicians in this State shall be the actual
4 cost of producing such a roster.
5 (10) The annual fee for continuing education
6 sponsors is $1,000 $500, however colleges, universities
7 and State agencies shall be exempt from payment of this
8 fee.
9 (11) The fee for podiatry licensing, disciplinary
10 or investigative records obtained pursuant to a subpoena
11 is $1 per page.
12 (b) B. Any person who delivers a check or other payment
13 to the Department that is returned to the Department unpaid
14 by the financial institution upon which it is drawn shall pay
15 to the Department, in addition to the amount already owed to
16 the Department, a fine of $50. If the check or other payment
17 was for a renewal or issuance fee and that person practices
18 without paying the renewal fee or issuance fee and the fine
19 due, an additional fine of $100 shall be imposed. The fines
20 imposed by this Section are in addition to any other
21 discipline provided under this Act for unlicensed practice or
22 practice on a nonrenewed license. The Department shall notify
23 the person that payment of fees and fines shall be paid to
24 the Department by certified check or money order within 30
25 calendar days of the notification. If, after the expiration
26 of 30 days from the date of the notification, the person has
27 failed to submit the necessary remittance, the Department
28 shall automatically terminate the license or certificate or
29 deny the application, without hearing. If, after termination
30 or denial, the person seeks a license or certificate, he or
31 she shall apply to the Department for restoration or issuance
32 of the license or certificate and pay all fees and fines due
33 to the Department. The Department may establish a fee for the
34 processing of an application for restoration of a license or
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1 certificate to pay all expenses of processing this
2 application. The Director may waive the fines due under this
3 Section in individual cases where the Director finds that the
4 fines would be unreasonable or unnecessarily burdensome.
5 (Source: P.A. 86-596; 87-1031.)
6 (225 ILCS 100/19) (from Ch. 111, par. 4819)
7 Sec. 19. Disciplinary Fund. All fees and fines received
8 by 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
12 Fund, 15% of the money received from the payment of renewal
13 fees shall be used for podiatric scholarships and residency
14 programs under the Podiatric Scholarship and Residency Act
15 and the remainder shall be appropriated to the Department for
16 expenses of the Department and of the Podiatric Medical
17 Licensing Board and for podiatric scholarships and residency
18 programs under the Podiatric Scholarship and Residency Act.
19 Moneys in the Illinois State Podiatric Disciplinary Fund
20 may be invested and reinvested in investments authorized for
21 the investment of funds of the State Employees' Retirement
22 System of Illinois.
23 All earnings received from such investments shall be
24 deposited in the Illinois State Podiatric Disciplinary Fund
25 and may be used for the same purposes as fees deposited in
26 such fund.
27 Moneys in the Fund may be transferred to the Professions
28 Indirect Cost Fund as authorized under Section 61e of the
29 Civil Administrative Code of Illinois.
30 Upon the completion of any audit of the Department as
31 prescribed by the Illinois State Auditing Act which includes
32 an audit of the Illinois State Podiatric Disciplinary Fund,
33 the Department shall make the audit open to inspection by any
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1 interested person.
2 In addition to any other permitted use of moneys in the
3 Fund, and notwithstanding any restriction on the use of the
4 Fund, moneys in the Illinois State Podiatric Disciplinary
5 Fund may be transferred to the General Revenue Fund as
6 authorized by this amendatory Act of 1992. The General
7 Assembly finds that an excess of moneys exists in the Fund.
8 On February 1, 1992, the Comptroller shall order transferred
9 and the Treasurer shall transfer $400,000 (or such lesser
10 amount as may be on deposit in the Fund and unexpended and
11 unobligated on that date) from the Fund to the General
12 Revenue Fund.
13 (Source: P.A. 89-204, eff. 1-1-96.)
14 (225 ILCS 100/21) (from Ch. 111, par. 4821)
15 Sec. 21. Advertising. Any podiatric physician may
16 advertise the availability of podiatric medical services in
17 the public media or on the premises where such services are
18 rendered. Such advertising shall be limited to the following
19 information:
20 (a) the podiatric medical services available;
21 (b) publication of the podiatric physician's name,
22 title, office hours, address and telephone;
23 (c) information pertaining to areas of practice
24 specialization, including appropriate board certification
25 as approved by the Board in accordance with the rules for
26 the administration of this Act by the Council on
27 Podiatric Medical Education or limitation of professional
28 practice;
29 (d) information on usual and customary fees for
30 routine podiatric medical services offered, which
31 information shall include notification that fees may be
32 adjusted due to complications or unforeseen
33 circumstances;
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1 (e) announcement of the opening of, change of,
2 absence from, or return to business;
3 (f) announcement of additions to or deletions from
4 professional podiatric staff;
5 (g) the issuance of business or appointment cards;
6 (h) other information about the podiatric
7 physician, podiatric practice or the types of podiatric
8 services that which the podiatric physician offers to
9 perform that which a reasonable person might regard as
10 relevant in determining whether to seek the podiatric
11 physician's services.
12 It is unlawful for any podiatric physician licensed under
13 this Act:
14 (1) to use testimonials or claims of superior
15 quality of care to entice the public;
16 (2) to advertise in any way to practice podiatric
17 medicine without causing pain or deformity; or
18 (3) to advertise or offer gifts as an inducement to
19 secure patient patronage. Podiatric physicians may
20 advertise or offer free examinations or free podiatric
21 medical services; it shall be unlawful, however, for any
22 podiatric physician to charge a fee to any patient or any
23 third party payor for any podiatric medical service
24 provided at the time that such free examination or free
25 podiatric medical services are provided.
26 This Act does not authorize the advertising of podiatric
27 medical services when the offeror of such services is not a
28 podiatric physician. Nor shall the podiatric physician use
29 statements that which contain false, fraudulent, deceptive or
30 misleading material or guarantees of success, statements that
31 which play upon the vanity or fears of the public, or
32 statements that which promote or produce unfair competition.
33 (Source: P.A. 85-918.)
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1 (225 ILCS 100/22) (from Ch. 111, par. 4822)
2 Sec. 22. Practice by corporations. No license shall be
3 issued by the Department to any corporation (i) that has a
4 the stated purpose that of which includes podiatry, or (ii)
5 that which practices, or which holds itself out as available
6 to practice podiatry podiatric medicine or any of the
7 functions described in Section 1 of this Act, by the
8 Department unless it is organized under the provisions of the
9 Professional Service Corporation Act.
10 (Source: P.A. 85-918.)
11 (225 ILCS 100/23) (from Ch. 111, par. 4823)
12 Sec. 23. Nothing contained in this Act shall:;
13 (a) prohibit a corporation from employing a
14 podiatric physician or podiatric physicians to render
15 podiatric medical services to its employees, provided,
16 that such podiatric medical services shall be rendered at
17 no cost or charge to the employees; or
18 (b) prohibit a corporation or association from
19 providing podiatric medical services upon a wholly
20 charitable basis to deserving recipients; or
21 (c) prohibit a corporation or association from
22 furnishing information or clerical services that which
23 can be furnished by persons not licensed to practice
24 podiatric medicine, to any podiatric physician when such
25 podiatric physician assumes full responsibility for such
26 information or services.
27 Any corporation violating the provisions of this Section
28 is guilty of a Class A misdemeanor and each day that this Act
29 is violated shall be considered a separate offense.
30 (Source: P.A. 85-918.)
31 (225 ILCS 100/24) (from Ch. 111, par. 4824)
32 (Text of Section before amendment by P.A. 89-507)
SB858 Enrolled -19- LRB9000477DPccB
1 Sec. 24. Refusal to issue or suspension or revocation of
2 license; grounds. The Department may refuse to issue, may
3 refuse to renew, may refuse to restore, may suspend, or may
4 revoke any license, or may place on probation, reprimand or
5 take other disciplinary action as the Department may deem
6 proper, including fines not to exceed $5,000 $2500 for each
7 violation upon anyone licensed under this Act for any of the
8 following reasons:
9 (1) 1. Making a material misstatement in furnishing
10 information to the Department.;
11 (2) 2. Violations of this Act, or of the rules or
12 regulations promulgated hereunder.;
13 (3) 3. Conviction of any crime under the laws of any
14 United States jurisdiction that which is a felony or which is
15 a misdemeanor, of which an essential element of which is
16 dishonesty, or of any crime that which is directly related to
17 the practice of the profession.;
18 (4) 4. Making any misrepresentation for the purpose of
19 obtaining licenses, or violating any provision of this Act or
20 the rules promulgated thereunder pertaining to advertising.;
21 (5) 5. Professional incompetence.;
22 (6) 6. Gross or repeated malpractice or negligence.;
23 (7) 7. Aiding or assisting another person in violating
24 any provision of this Act or rules.;
25 (8) 8. Failing, within 60 days, to provide information
26 in response to a written request made by the Department.;
27 (9) 9. Engaging in dishonorable, unethical or
28 unprofessional conduct of a character likely to deceive,
29 defraud or harm the public.;
30 (10) 10. Habitual or excessive use of alcohol,
31 narcotics, stimulants or other chemical agent or drug that
32 which results in the inability to practice podiatric medicine
33 with reasonable judgment, skill or safety.;
34 (11) 11. Discipline by another United States
SB858 Enrolled -20- LRB9000477DPccB
1 jurisdiction if at least one of the grounds for the
2 discipline is the same or substantially equivalent to those
3 set forth in this Section. herein;
4 (12) 12. Directly or indirectly giving to or receiving
5 from any person, firm, corporation, partnership or
6 association any fee, commission, rebate or other form of
7 compensation for any professional services not actually or
8 personally rendered. This shall not be deemed to include
9 rent or other remunerations paid to an individual,
10 partnership, or corporation, by a licensee, for the lease,
11 rental or use of space, owned or controlled, by the
12 individual, partnership or corporation.;
13 (13) 13. A finding by the Podiatric Medical Licensing
14 Board that the licensee, after having his or her license
15 placed on probationary status, has violated the terms of
16 probation.14. Abandonment of a patient.;
18 (15) 15. Willfully making or filing false records or
19 reports in his or her practice, including but not limited to
20 false records filed with state agencies or departments.;
21 (16) 16. Willfully failing to report an instance of
22 suspected child abuse or neglect as required by the Abused
23 and Neglected Child Report Act.;
24 (17) 17. Physical illness, including but not limited to,
25 deterioration through the aging process, or loss of motor
26 skill that which results in the inability to practice the
27 profession with reasonable judgment, skill or safety.;
28 (18) 18. Solicitation of professional services other
29 than permitted advertising.;
30 (19) 19. The determination by a circuit court that a
31 licensed podiatric physician is subject to involuntary
32 admission or judicial admission as provided in the Mental
33 Health and Developmental Disabilities Code operates as an
34 automatic suspension.; Such suspension will end only upon a
SB858 Enrolled -21- LRB9000477DPccB
1 finding by a court that the patient is no longer subject to
2 involuntary admission or judicial admission and issues an
3 order so finding and discharging the patient; and upon the
4 recommendation of the Podiatric Medical Licensing Board to
5 the Director that the licensee be allowed to resume his or
6 her practice.;
7 (20) 20. Holding oneself out to treat human ailments
8 under any name other than his or her own, or the
9 impersonation of any other physician.;
10 (21) 21. Revocation or suspension, or other action taken
11 with respect to of a podiatric medical license in another
12 jurisdiction that would constitute disciplinary action under
13 this Act.;
14 (22) 22. Promotion of the sale of drugs, devices,
15 appliances or goods provided for a patient in such manner as
16 to exploit the patient for financial gain of the podiatric
17 physician.;
18 (23) 23. Gross, willful, and continued overcharging for
19 professional services including filing false statements for
20 collection of fees for those which services, including, but
21 not limited to, filing false statement for collection of
22 monies for services not rendered from the medical assistance
23 program of the Department of Public Aid under the Illinois
24 Public Aid Code or other private or public third party
25 payor.;
26 (24) 24. Being named as a perpetrator in an indicated
27 report by the Department of Children and Family Services
28 under the Abused and Neglected Child Reporting Act, and upon
29 proof by clear and convincing evidence that the licensee has
30 caused a child to be an abused child or neglected child as
31 defined in the Abused and Neglected Child Reporting Act.;
32 (25) 25. Willfully making or filing false records or
33 reports in the practice of podiatric medicine, including, but
34 not limited to, false records to support claims against the
SB858 Enrolled -22- LRB9000477DPccB
1 medical assistance program of the Department of Public Aid
2 under the Illinois Public Aid Code.;
3 (26) 26. Mental illness or disability that which results
4 in the inability to practice with reasonable judgment, skill
5 or safety.;
6 (27) 27. Immoral conduct in the commission of or any act
7 including, sexual abuse, sexual misconduct, or sexual
8 exploitation, related to the licensee's practice.;
9 (28) 28. Violation of the Health Care Worker
10 Self-Referral Act.
11 (29) Failure to report to the Department any adverse
12 final action taken against him or her by another licensing
13 jurisdiction (another state or a territory of the United
14 States or a foreign state or country) by a peer review body,
15 by any health care institution, by a professional society or
16 association related to practice under this Act, by a
17 governmental agency, by a law enforcement agency, or by a
18 court for acts or conduct similar to acts or conduct that
19 would constitute grounds for action as defined in this
20 Section.
21 The Department may refuse to issue or may suspend the
22 license of any person who fails to file a return, or to pay
23 the tax, penalty or interest shown in a filed return, or to
24 pay any final assessment of tax, penalty or interest, as
25 required by any tax Act administered by the Illinois
26 Department of Revenue, until such time as the requirements of
27 any such tax Act are satisfied.
28 The Director of the Department may, Upon receipt of a
29 written communication from the Director of the Department of
30 Mental Health and Developmental Disabilities, Department of
31 Public Aid or Department of Public Health, that continuation
32 of practice of a person licensed under this Act constitutes
33 an immediate danger to the public, the Director may
34 immediately suspend the license of such person without a
SB858 Enrolled -23- LRB9000477DPccB
1 hearing. In instances in which the Director immediately
2 suspends a license under this Section, a hearing upon such
3 person's license must be convened by the Board within 15 days
4 after such suspension and completed without appreciable
5 delay, such hearing held to determine whether to recommend to
6 the Director that the person's license be revoked, suspended,
7 placed on probationary status or reinstated, or such person
8 be subject to other disciplinary action. In such hearing,
9 the written communication and any other evidence submitted
10 therewith may be introduced as evidence against such person;
11 provided, however, the person or his counsel shall have the
12 opportunity to discredit or impeach such evidence and submit
13 evidence rebutting the same.
14 All proceedings to suspend, revoke, place on probationary
15 status, or take any other disciplinary action as the
16 Department may deem proper, with regard to a license on any
17 of the foregoing grounds, must be commenced within 3 years
18 after receipt by the Department of a complaint alleging the
19 commission of or notice of the conviction order for any of
20 the acts described in this Section. Except for fraud in
21 procuring a license, no action shall be commenced more than 5
22 years after the date of the incident or act alleged to have
23 been a violation of this Section. In the event of the
24 settlement of any claim or cause of action in favor of the
25 claimant or the reduction to final judgment of any civil
26 action in favor of the plaintiff, the claim, cause of action,
27 or civil action being grounded on the allegation that a
28 person licensed under this Act was negligent in providing
29 care, the Department shall have an additional period of one
30 year from the date of notification to the Department under
31 Section 26 of this Act of the settlement or final judgement
32 in which to investigate and commence formal disciplinary
33 proceedings under Section 24 of this Act, except as otherwise
34 provided by law. The time during which the holder of the
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1 license was outside the State of Illinois shall not be
2 included within any period of time limiting the commencement
3 of disciplinary action by the Department.
4 In enforcing this Section, the Department or Board upon a
5 showing of a possible violation may compel an individual
6 licensed to practice under this Act, or who has applied for
7 licensure under this Act, to submit to a mental or physical
8 examination, or both, as required by and at the expense of
9 the Department. The Department or Board may order the
10 examining physician to present testimony concerning the
11 mental or physical examination of the licensee or applicant.
12 No information shall be excluded by reason of any common law
13 or statutory privilege relating to communications between the
14 licensee or applicant and the examining physician. The
15 examining physicians shall be specifically designated by the
16 Board or Department. The individual to be examined may have,
17 at his or her own expense, another physician of his or her
18 choice present during all aspects of this examination.
19 Failure of an individual to submit to a mental or physical
20 examination, when directed, shall be grounds for suspension
21 of his or her license until the individual submits to the
22 examination if the Department finds, after notice and
23 hearing, that the refusal to submit to the examination was
24 without reasonable cause.
25 If the Department or Board finds an individual unable to
26 practice because of the reasons set forth in this Section,
27 the Department or Board may require that individual to submit
28 to care, counseling, or treatment by physicians approved or
29 designated by the Department or Board, as a condition, term,
30 or restriction for continued, reinstated, or renewed
31 licensure to practice; or, in lieu of care, counseling, or
32 treatment, the Department may file, or the Board may
33 recommend to the Department to file, a complaint to
34 immediately suspend, revoke, or otherwise discipline the
SB858 Enrolled -25- LRB9000477DPccB
1 license of the individual. An individual whose license was
2 granted, continued, reinstated, renewed, disciplined or
3 supervised subject to such terms, conditions, or
4 restrictions, and who fails to comply with such terms,
5 conditions, or restrictions, shall be referred to the
6 Director for a determination as to whether the individual
7 shall have his or her license suspended immediately, pending
8 a hearing by the Department.
9 In instances in which the Director immediately suspends a
10 person's license under this Section, a hearing on that
11 person's license must be convened by the Department within 15
12 days after the suspension and completed without appreciable
13 delay. The Department and Board shall have the authority to
14 review the subject individual's record of treatment and
15 counseling regarding the impairment to the extent permitted
16 by applicable federal statutes and regulations safeguarding
17 the confidentiality of medical records.
18 An individual licensed under this Act and affected under
19 this Section shall be afforded an opportunity to demonstrate
20 to the Department or Board that he or she can resume practice
21 in compliance with acceptable and prevailing standards under
22 the provisions of his or her license.
23 (Source: P.A. 86-596; 87-1207; revised 1-3-97.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 24. Refusal to issue or suspension or revocation of
26 license; grounds. The Department may refuse to issue, may
27 refuse to renew, may refuse to restore, may suspend, or may
28 revoke any license, or may place on probation, reprimand or
29 take other disciplinary action as the Department may deem
30 proper, including fines not to exceed $5,000 $2500 for each
31 violation upon anyone licensed under this Act for any of the
32 following reasons:
33 (1) 1. Making a material misstatement in furnishing
34 information to the Department.;
SB858 Enrolled -26- LRB9000477DPccB
1 (2) 2. Violations of this Act, or of the rules or
2 regulations promulgated hereunder.;
3 (3) 3. Conviction of any crime under the laws of any
4 United States jurisdiction that which is a felony or which is
5 a misdemeanor, of which an essential element of which is
6 dishonesty, or of any crime that which is directly related to
7 the practice of the profession.;
8 (4) 4. Making any misrepresentation for the purpose of
9 obtaining licenses, or violating any provision of this Act or
10 the rules promulgated thereunder pertaining to advertising.;
11 (5) 5. Professional incompetence.;
12 (6) 6. Gross or repeated malpractice or negligence.;
13 (7) 7. Aiding or assisting another person in violating
14 any provision of this Act or rules.;
15 (8) 8. Failing, within 60 days, to provide information
16 in response to a written request made by the Department.;
17 (9) 9. Engaging in dishonorable, unethical or
18 unprofessional conduct of a character likely to deceive,
19 defraud or harm the public.;
20 (10) 10. Habitual or excessive use of alcohol,
21 narcotics, stimulants or other chemical agent or drug that
22 which results in the inability to practice podiatric medicine
23 with reasonable judgment, skill or safety.;
24 (11) 11. Discipline by another United States
25 jurisdiction if at least one of the grounds for the
26 discipline is the same or substantially equivalent to those
27 set forth in this Section. herein;
28 (12) 12. Directly or indirectly giving to or receiving
29 from any person, firm, corporation, partnership or
30 association any fee, commission, rebate or other form of
31 compensation for any professional services not actually or
32 personally rendered. This shall not be deemed to include
33 rent or other remunerations paid to an individual,
34 partnership, or corporation, by a licensee, for the lease,
SB858 Enrolled -27- LRB9000477DPccB
1 rental or use of space, owned or controlled, by the
2 individual, partnership or corporation.;
3 (13) 13. A finding by the Podiatric Medical Licensing
4 Board that the licensee, after having his or her license
5 placed on probationary status, has violated the terms of
6 probation.;
7 (14) 14. Abandonment of a patient.;
8 (15) 15. Willfully making or filing false records or
9 reports in his or her practice, including but not limited to
10 false records filed with state agencies or departments.;
11 (16) 16. Willfully failing to report an instance of
12 suspected child abuse or neglect as required by the Abused
13 and Neglected Child Report Act.;
14 (17) 17. Physical illness, including but not limited to,
15 deterioration through the aging process, or loss of motor
16 skill that which results in the inability to practice the
17 profession with reasonable judgment, skill or safety.;
18 (18) 18. Solicitation of professional services other
19 than permitted advertising.;
20 (19) 19. The determination by a circuit court that a
21 licensed podiatric physician is subject to involuntary
22 admission or judicial admission as provided in the Mental
23 Health and Developmental Disabilities Code operates as an
24 automatic suspension.; Such suspension will end only upon a
25 finding by a court that the patient is no longer subject to
26 involuntary admission or judicial admission and issues an
27 order so finding and discharging the patient; and upon the
28 recommendation of the Podiatric Medical Licensing Board to
29 the Director that the licensee be allowed to resume his or
30 her practice.;
31 (20) 20. Holding oneself out to treat human ailments
32 under any name other than his or her own, or the
33 impersonation of any other physician.;
34 (21) 21. Revocation or suspension or other action taken
SB858 Enrolled -28- LRB9000477DPccB
1 with respect to of a podiatric medical license in another
2 jurisdiction that would constitute disciplinary action under
3 this Act.;
4 (22) 22. Promotion of the sale of drugs, devices,
5 appliances or goods provided for a patient in such manner as
6 to exploit the patient for financial gain of the podiatric
7 physician.;
8 (23) 23. Gross, willful, and continued overcharging for
9 professional services including filing false statements for
10 collection of fees for those which services, including, but
11 not limited to, filing false statement for collection of
12 monies for services not rendered from the medical assistance
13 program of the Department of Public Aid under the Illinois
14 Public Aid Code or other private or public third party
15 payor.;
16 (24) 24. Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act, and upon
19 proof by clear and convincing evidence that the licensee has
20 caused a child to be an abused child or neglected child as
21 defined in the Abused and Neglected Child Reporting Act.;
22 (25) 25. Willfully making or filing false records or
23 reports in the practice of podiatric medicine, including, but
24 not limited to, false records to support claims against the
25 medical assistance program of the Department of Public Aid
26 under the Illinois Public Aid Code.;
27 (26) 26. Mental illness or disability that which results
28 in the inability to practice with reasonable judgment, skill
29 or safety.;
30 (27) 27. Immoral conduct in the commission of or any act
31 including, sexual abuse, sexual misconduct, or sexual
32 exploitation, related to the licensee's practice.;
33 (28) 28. Violation of the Health Care Worker
34 Self-Referral Act.
SB858 Enrolled -29- LRB9000477DPccB
1 (29) Failure to report to the Department any adverse
2 final action taken against him or her by another licensing
3 jurisdiction (another state or a territory of the United
4 States or a foreign state or country) by a peer review body,
5 by any health care institution, by a professional society or
6 association related to practice under this Act, by a
7 governmental agency, by a law enforcement agency, or by a
8 court for acts or conduct similar to acts or conduct that
9 would constitute grounds for action as defined in this
10 Section.
11 The Department may refuse to issue or may suspend the
12 license of any person who fails to file a return, or to pay
13 the tax, penalty or interest shown in a filed return, or to
14 pay any final assessment of tax, penalty or interest, as
15 required by any tax Act administered by the Illinois
16 Department of Revenue, until such time as the requirements of
17 any such tax Act are satisfied.
18 The Director of the Department may, Upon receipt of a
19 written communication from the Secretary of Human Services,
20 the Director of Public Aid, or the Director of Public Health
21 that continuation of practice of a person licensed under this
22 Act constitutes an immediate danger to the public, the
23 Director may immediately suspend the license of such person
24 without a hearing. In instances in which the Director
25 immediately suspends a license under this Section, a hearing
26 upon such person's license must be convened by the Board
27 within 15 days after such suspension and completed without
28 appreciable delay, such hearing held to determine whether to
29 recommend to the Director that the person's license be
30 revoked, suspended, placed on probationary status or
31 reinstated, or such person be subject to other disciplinary
32 action. In such hearing, the written communication and any
33 other evidence submitted therewith may be introduced as
34 evidence against such person; provided, however, the person
SB858 Enrolled -30- LRB9000477DPccB
1 or his counsel shall have the opportunity to discredit or
2 impeach such evidence and submit evidence rebutting the same.
3 All proceedings to suspend, revoke, place on probationary
4 status, or take any other disciplinary action as the
5 Department may deem proper, with regard to a license on any
6 of the foregoing grounds, must be commenced within 3 years
7 after receipt by the Department of a complaint alleging the
8 commission of or notice of the conviction order for any of
9 the acts described in this Section. Except for fraud in
10 procuring a license, no action shall be commenced more than 5
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
15 action in favor of the plaintiff, such claim, cause of
16 action, or civil action being grounded on the allegation that
17 a person licensed under this Act was negligent in providing
18 care, the Department shall have an additional period of one
19 year from the date of notification to the Department under
20 Section 26 of this Act of such settlement or final judgment
21 in which to investigate and commence formal disciplinary
22 proceedings under Section 24 of this Act, except as otherwise
23 provided by law. The time during which the holder of the
24 license was outside the State of Illinois shall not be
25 included within any period of time limiting the commencement
26 of disciplinary action by the Department.
27 In enforcing this Section, the Department or Board upon a
28 showing of a possible violation may compel an individual
29 licensed to practice under this Act, or who has applied for
30 licensure under this Act, to submit to a mental or physical
31 examination, or both, as required by and at the expense of
32 the Department. The Department or Board may order the
33 examining physician to present testimony concerning the
34 mental or physical examination of the licensee or applicant.
SB858 Enrolled -31- LRB9000477DPccB
1 No information shall be excluded by reason of any common law
2 or statutory privilege relating to communications between the
3 licensee or applicant and the examining physician. The
4 examining physicians shall be specifically designated by the
5 Board or Department. The individual to be examined may have,
6 at his or her own expense, another physician of his or her
7 choice present during all aspects of this examination.
8 Failure of an individual to submit to a mental or physical
9 examination, when directed, shall be grounds for suspension
10 of his or her license until the individual submits to the
11 examination if the Department finds, after notice and
12 hearing, that the refusal to submit to the examination was
13 without reasonable cause.
14 If the Department or Board finds an individual unable to
15 practice because of the reasons set forth in this Section,
16 the Department or Board may require that individual to submit
17 to care, counseling, or treatment by physicians approved or
18 designated by the Department or Board, as a condition, term,
19 or restriction for continued, reinstated, or renewed
20 licensure to practice; or, in lieu of care, counseling, or
21 treatment, the Department may file, or the Board may
22 recommend to the Department to file, a complaint to
23 immediately suspend, revoke, or otherwise discipline the
24 license of the individual. An individual whose license was
25 granted, continued, reinstated, renewed, disciplined or
26 supervised subject to such terms, conditions, or
27 restrictions, and who fails to comply with such terms,
28 conditions, or restrictions, shall be referred to the
29 Director for a determination as to whether the individual
30 shall have his or her license suspended immediately, pending
31 a hearing by the Department.
32 In instances in which the Director immediately suspends a
33 person's license under this Section, a hearing on that
34 person's license must be convened by the Department within 15
SB858 Enrolled -32- LRB9000477DPccB
1 days after the suspension and completed without appreciable
2 delay. The Department and Board shall have the authority to
3 review the subject individual's record of treatment and
4 counseling regarding the impairment to the extent permitted
5 by applicable federal statutes and regulations safeguarding
6 the confidentiality of medical records.
7 An individual licensed under this Act and affected under
8 this Section shall be afforded an opportunity to demonstrate
9 to the Department or Board that he or she can resume practice
10 in compliance with acceptable and prevailing standards under
11 the provisions of his or her license.
12 (Source: P.A. 86-596; 87-1207; 89-507, eff. 7-1-97; revised
13 1-3-97.)
14 (225 ILCS 100/26) (from Ch. 111, par. 4826)
15 Sec. 26. Reports relating to professional conduct and
16 capacity.
17 (A) A. Entities required to report. The Podiatric
18 Medical Licensing Board shall by rule provide for the
19 reporting to it of all instances in which a podiatric
20 physician licensed under this Act who is impaired by reason
21 of age, drug or alcohol abuse or physical or mental
22 impairment, is under supervision and, where appropriate, is
23 in a program of rehabilitation. Reports shall be strictly
24 confidential and may be reviewed and considered only by the
25 members of the Board, or by authorized staff of the
26 Department as provided by the rules of the Board. Provisions
27 shall be made for the periodic report of the status of any
28 such podiatric physician not less than twice annually in
29 order that the Board shall have current information upon
30 which to determine the status of any such podiatric
31 physician. Such initial and periodic reports of impaired
32 physicians shall not be considered records within the meaning
33 of the State Records Act and shall be disposed of, following
SB858 Enrolled -33- LRB9000477DPccB
1 a determination by the Board that such reports are no longer
2 required, in a manner and at such time as the Board shall
3 determine by rule. The filing of such reports shall be
4 construed as the filing of a report for the purposes of
5 subsection (C) C of this Section. Failure to file a report
6 under this Section shall be a Class A misdemeanor.
7 (1) 1. Health Care Institutions. Any administrator
8 or officer of any hospital, nursing home or other health
9 care agency or facility who has knowledge of any action
10 or condition which reasonably indicates to him or her
11 that a licensed podiatric physician practicing in such
12 hospital, nursing home or other health care agency or
13 facility is habitually intoxicated or addicted to the use
14 of habit forming drugs, or is otherwise impaired, to the
15 extent that such intoxication, addiction, addition or
16 impairment adversely affects such podiatric physician's
17 professional performance, or has knowledge that
18 reasonably indicates to him or her that any podiatric
19 physician unlawfully possesses, uses, distributes or
20 converts habit-forming drugs belonging to the hospital,
21 nursing home or other health care agency or facility for
22 such podiatric physician's own use or benefit, shall
23 promptly file a written report thereof to the Department.
24 The report shall include the name of the podiatric
25 physician, the name of the patient or patients involved,
26 if any, a brief summary of the action, condition or
27 occurrence that which has necessitated the report, and
28 any other information as the Department may deem
29 necessary. The Department shall provide forms on which
30 such reports shall be filed.
31 (2) 2. Professional Associations. The president or
32 chief executive officer of any association or society of
33 podiatric physicians licensed under this Act, operating
34 within this State shall report to the Board when the
SB858 Enrolled -34- LRB9000477DPccB
1 association or society renders a final determination
2 relating to the professional competence or conduct of the
3 podiatric physician that a podiatric physician has
4 committed unprofessional conduct related directly to
5 patient care or that a podiatric physician may be
6 mentally or physically disabled in such a manner as to
7 endanger patients under that physician's care.
8 (3) 3. Professional Liability Insurers. Every
9 insurance company that which offers policies of
10 professional liability insurance to persons licensed
11 under this Act, or any other entity that which seeks to
12 indemnify the professional liability of a podiatric
13 physician licensed under this Act, shall report to the
14 Board the settlement of any claim or cause of action, or
15 final judgment rendered in any cause of action that,
16 which alleged negligence in the furnishing of medical
17 care by such licensed person when such settlement or
18 final judgement is in favor of the plaintiff.
19 (4) 4. State's Attorneys. The State's Attorney of
20 each county shall report to the Board all instances in
21 which a person licensed under this Act is convicted or
22 otherwise found guilty of the commission of any felony.
23 (5) 5. State Agencies. All agencies, boards,
24 commissions, departments, or other instrumentalities of
25 the government of the State of Illinois shall report to
26 the Board any instance arising in connection with the
27 operations of such agency, including the administration
28 of any law by such agency, in which a podiatric physician
29 licensed under this Act has either committed an act or
30 acts that which may be a violation of this Act or that
31 which may constitute unprofessional conduct related
32 directly to patient care or that which indicates that a
33 podiatric physician licensed under this Act may be
34 mentally or physically disabled in such a manner as to
SB858 Enrolled -35- LRB9000477DPccB
1 endanger patients under that physician's care.
2 (B) B. Mandatory Reporting. All reports required by this
3 Act shall be submitted to the Board in a timely fashion. The
4 reports shall be filed in writing within 60 days after a
5 determination that a report is required under this Act. All
6 reports shall contain the following information:
7 (1) The name, address and telephone number of the
8 person making the report.
9 (2) The name, address and telephone number of the
10 podiatric physician who is the subject of the report.
11 (3) The name or other means of identification of
12 any patient or patients whose treatment is a subject of
13 the report, provided, however, no medical records may be
14 revealed without the written consent of the patient or
15 patients.
16 (4) A brief description of the facts that which
17 gave rise to the issuance of the report, including the
18 dates of any occurrences deemed to necessitate the filing
19 of the report.
20 (5) If court action is involved, the identity of
21 the court in which the action is filed, along with the
22 docket number and date of filing of the action.
23 (6) Any further pertinent information that which
24 the reporting party deems to be an aid in the evaluation
25 of the report.
26 Nothing contained in this Section shall waive or modify
27 the confidentiality of medical reports and committee reports
28 to the extent provided by law. Any information reported or
29 disclosed shall be kept for the confidential use of the
30 Board, the Board's attorneys, the investigative staff and
31 other authorized Department staff, as provided in this Act,
32 and shall be afforded the same status as is provided
33 information concerning medical studies in Part 21 of Article
34 VIII of the Code of Civil Procedure.
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1 (C) C. Immunity from Prosecution. Any individual or
2 organization acting in good faith, and not in a willful and
3 wanton manner, in complying with this Act by providing any
4 report or other information to the Board, or assisting in the
5 investigation or preparation of such information, or by
6 participating in proceedings of the Board, or by serving as a
7 member of the Board, shall not, as a result of such actions,
8 be subject to criminal prosecution or civil damages.
9 (D) D. Indemnification. Members of the Board, the
10 Board's attorneys, the investigative staff, other podiatric
11 physicians retained under contract to assist and advise in
12 the investigation, and other authorized Department staff
13 shall be indemnified by the State for any actions occurring
14 within the scope of services on the Board, done in good faith
15 and not willful and wanton in nature. The Attorney General
16 shall defend all such actions unless he or she determines
17 either that he or she would have a conflict of interest in
18 such representation or that the actions complained of were
19 not in good faith or were willful and wanton.
20 Should the Attorney General decline representation, the
21 member shall have the right to employ counsel of his or her
22 choice, whose fees shall be provided by the State, after
23 approval by the Attorney General, unless there is a
24 determination by a court that the member's actions were not
25 in good faith or were wilful and wanton. The member must
26 notify the Attorney General within 7 days of receipt of
27 notice of the initiation of any action involving services of
28 the Board. Failure to so notify the Attorney General shall
29 constitute an absolute waiver of the right to a defense and
30 indemnification. The Attorney General shall determine within
31 7 days after receiving such notice, whether he or she will
32 undertake to represent the member.
33 (E) E. Deliberations of the Board. Upon the receipt of
34 any report called for by this Act, other than those reports
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1 of impaired persons licensed under this Act required pursuant
2 to the rules of the Board, the Board shall notify in writing,
3 by certified mail, the podiatric physician who is the subject
4 of the report. Such notification shall be made within 30
5 days of receipt by the Board of the report.
6 The notification shall include a written notice setting
7 forth the podiatric physician's physicans's right to examine
8 the report. Included in such notification shall be the
9 address at which the file is maintained, the name of the
10 custodian of the reports, and the telephone number at which
11 the custodian may be reached. The podiatric physician who is
12 the subject of the report shall be permitted to submit a
13 written statement responding, clarifying, adding to, or
14 proposing the amending of the report previously filed. The
15 statement shall become a permanent part of the file and must
16 be received by the Board no more than 30 days after the date
17 on which the podiatric physician was notified of the
18 existence of the original report.
19 The Board shall review all reports received by it,
20 together with any supporting information and responding
21 statements submitted by persons who are the subject of
22 reports. The review by the Board shall be in a timely manner
23 but in no event, shall the Board's initial review of the
24 material contained in each disciplinary file be less than 61
25 days nor more than 180 days after the receipt of the initial
26 report by the Board.
27 When the Board makes its initial review of the materials
28 contained within its disciplinary files the Board shall, in
29 writing, make a determination as to whether there are
30 sufficient facts to warrant further investigation or action.
31 Failure to make such determination within the time provided
32 shall be deemed to be a determination that there are not
33 sufficient facts to warrant further investigation or action.
34 Should the Board find that there are not sufficient facts
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1 to warrant further investigation, or action, the report shall
2 be accepted for filing and the matter shall be deemed closed
3 and so reported.
4 The individual or entity filing the original report or
5 complaint and the podiatric physician who is the subject of
6 the report or complaint shall be notified in writing by the
7 Board of any final action on their report or complaint.
8 (F) F. Summary Reports. The Board shall prepare on a
9 timely basis, but in no event less than once every other
10 month, a summary report of final actions taken upon
11 disciplinary files maintained by the Board. The summary
12 reports shall be sent by the Board to such institutions,
13 associations and individuals as the Director may determine.
14 (G) G. Violation of this Section. Any violation of this
15 Section shall be a Class A misdemeanor.
16 (H) H. Court ordered enforcement. If any such podiatric
17 physician violates the provisions of this Section, an action
18 may be brought in the name of the People of the State of
19 Illinois, through the Attorney General of the State of
20 Illinois, for an order enjoining such violation or for an
21 order enforcing compliance with this Section. Upon filing of
22 a verified petition in such court, the court may issue a
23 temporary restraining order without notice or bond and may
24 preliminarily or permanently enjoin such violation, and if it
25 is established that such podiatric physician has violated or
26 is violating the injunction, the Court may punish the
27 offender for contempt of court. Proceedings under this
28 paragraph shall be in addition to, and not in lieu of, all
29 other remedies and penalties provided for by this Section.
30 The Department may investigate the actions of any
31 applicant or of any person or persons holding or claiming to
32 hold a license. The Department shall, before suspending,
33 revoking, placing on probationary status or taking any other
34 disciplinary action as the Department may deem proper with
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1 regard to any licensee, at least 30 days prior to the date
2 set for the hearing, notify the accused in writing of any
3 charges made and the time and place for a hearing of the
4 charges before the Board, direct him to file his written
5 answer thereto to the Board under oath within 20 days after
6 the service on him of such notice and inform him that if he
7 fails to file such answer default will be taken against him
8 and his license may be revoked, placed on probationary status
9 or have other disciplinary action, including limiting the
10 scope, nature or extent of his practice as the Department may
11 deem proper.
12 In case the accused person, after receiving notice fails
13 to file an answer, his license may, in the discretion of the
14 Director having received the recommendation of the Board, be
15 suspended, revoked, placed on probationary status or the
16 Director may take whatever disciplinary action as he may deem
17 proper including limiting the scope, nature or extent of the
18 accused person's practice without a hearing if the act or
19 acts charged constitute sufficient grounds for such action
20 under this Act.
21 (Source: P.A. 85-918.)
22 (225 ILCS 100/27) (from Ch. 111, par. 4827)
23 Sec. 27. Investigations; notice and hearing. The
24 Department may investigate the actions of any applicant or of
25 any person or persons holding or claiming to hold a license.
26 The Department shall, before suspending, revoking, placing on
27 probationary status or taking any other disciplinary action
28 as the Department may deem proper with regard to any
29 licensee, at least 30 days prior to the date set for the
30 hearing, notify the accused in writing of any charges made
31 and the time and place for a hearing of the charges before
32 the Board, direct him or her to file his or her written
33 answer thereto to the Board under oath within 20 days after
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1 the service on him or her of such notice and inform her or
2 him that if he or she fails to file such answer default will
3 be taken against him or her and his or her license may be
4 revoked, suspended, placed on probationary status, or subject
5 to other disciplinary action, including limiting the scope,
6 nature, or extent of his or her practice as the Department
7 may deem proper.
8 In case the accused person, after receiving notice fails
9 to file an answer, his or her license may, in the discretion
10 of the Director having received the recommendation of the
11 Board, be suspended, revoked, or placed on probationary
12 status or the Director may take whatever disciplinary action
13 as he or she may deem proper including limiting the scope,
14 nature, or extent of the accused person's practice without a
15 hearing if the act or acts charged constitute sufficient
16 grounds for such action under this Act.
17 Such written notice may be served by personal delivery or
18 certified or registered mail to the respondent at the address
19 of his or her last notification to the Department. At the
20 time and placed fixed in the notice, the Podiatric Medical
21 Licensing Board shall proceed to hear the charges and the
22 parties or their counsel shall be accorded ample opportunity
23 to present such statements, testimony, evidence and argument
24 as may be pertinent to the charges or to the defense thereto.
25 The Board may continue such hearing from time to time.
26 (Source: P.A. 85-918.)
27 (225 ILCS 100/30) (from Ch. 111, par. 4830)
28 Sec. 30. Witness; subpoenas. The Department shall have
29 the power to subpoena and bring before it any person in this
30 State and to take testimony, either orally or by deposition,
31 or both, with the same fees and mileage and in the same
32 manner as prescribed by law in judicial proceedings in civil
33 cases in circuit courts of this State.
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1 The Director, and any member of the Board, shall each
2 have the power to administer oaths to witnesses at any
3 hearing that which the Department is authorized to conduct
4 under this Act, and any other oaths required or authorized to
5 be administered by the Department hereunder.
6 (Source: P.A. 85-918.)
7 (225 ILCS 100/34) (from Ch. 111, par. 4834)
8 Sec. 34. Appointment of a hearing officer.
9 Notwithstanding the provisions of Section 32 of this Act, the
10 Director shall have the authority to appoint any attorney
11 duly licensed to practice law in the State of Illinois to
12 serve as the hearing officer in any action for refusal to
13 issue, renew or discipline of a license.
14 The Director shall notify the Board of any such
15 appointment. The hearing officer shall have full authority
16 to conduct the hearing. The hearing officer shall report his
17 or her findings of fact, conclusions of law and
18 recommendations to the Board and the Director. The Board
19 shall have 60 days from receipt of the report to review the
20 report of the hearing officer and present their findings of
21 fact, conclusions of law and recommendations to the Board and
22 the Director. The Board shall have 60 days after from
23 receipt of the report to review the report of the hearing
24 officer and present its their findings of fact, conclusions
25 of law, and recommendations to the Director. If the Board
26 fails to present its report within the 60 day period, the
27 Director may issue an order based on the report of the
28 hearing officer. If the Director disagrees in any regard
29 with the report of the Board or hearing officer, he or she
30 may issue an order in contravention thereof. The Director
31 shall provide a written explanation to the Board on any such
32 deviation, and shall specify with particularity the reasons
33 for such action in the final order.
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1 (Source: P.A. 87-1237.)
2 (225 ILCS 100/38) (from Ch. 111, par. 4838)
3 Sec. 38. Temporary suspension of a license. The Director
4 may temporarily suspend the license of a podiatric physician
5 without a hearing, simultaneously with the institution of
6 proceedings for a hearing provided for in Section 27 of this
7 Act, if the Director finds that evidence in his or her
8 possession indicates that a podiatric physician's
9 continuation in practice would constitute an imminent danger
10 to the public. In the event that the Director suspends,
11 temporarily, this license of a podiatric physician without a
12 hearing, a hearing by the Board must be held within 30 days
13 after such suspension has occurred and shall be concluded
14 without appreciable delay.
15 (Source: P.A. 85-918.)
16 (225 ILCS 100/44 rep.)
17 Section 15. The Podiatric Medical Practice Act of 1987 is
18 amended by repealing Section 44.
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect
27 December 30, 1997.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.9 from Ch. 127, par. 1904.9
4 5 ILCS 80/4.18 new
5 225 ILCS 100/3 from Ch. 111, par. 4803
6 225 ILCS 100/4 from Ch. 111, par. 4804
7 225 ILCS 100/5 from Ch. 111, par. 4805
8 225 ILCS 100/6 from Ch. 111, par. 4806
9 225 ILCS 100/7 from Ch. 111, par. 4807
10 225 ILCS 100/8 from Ch. 111, par. 4808
11 225 ILCS 100/9 from Ch. 111, par. 4809
12 225 ILCS 100/10 from Ch. 111, par. 4810
13 225 ILCS 100/12 from Ch. 111, par. 4812
14 225 ILCS 100/13 from Ch. 111, par. 4813
15 225 ILCS 100/15 from Ch. 111, par. 4815
16 225 ILCS 100/16 from Ch. 111, par. 4816
17 225 ILCS 100/17 from Ch. 111, par. 4817
18 225 ILCS 100/18 from Ch. 111, par. 4818
19 225 ILCS 100/19 from Ch. 111, par. 4819
20 225 ILCS 100/21 from Ch. 111, par. 4821
21 225 ILCS 100/22 from Ch. 111, par. 4822
22 225 ILCS 100/23 from Ch. 111, par. 4823
23 225 ILCS 100/24 from Ch. 111, par. 4824
24 225 ILCS 100/26 from Ch. 111, par. 4826
25 225 ILCS 100/27 from Ch. 111, par. 4827
26 225 ILCS 100/30 from Ch. 111, par. 4830
27 225 ILCS 100/34 from Ch. 111, par. 4834
28 225 ILCS 100/38 from Ch. 111, par. 4838
29 225 ILCS 100/44 rep.