|
|
|
HB0126 Enrolled |
- 2 - |
LRB095 03944 RAS 23977 b |
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|
1 |
| (Source: P.A. 94-754, eff. 5-10-06.)
|
2 |
| (5 ILCS 80/4.28 new) |
3 |
| Sec. 4.28. Act repealed on January 1, 2018. The following |
4 |
| Act is repealed on January 1, 2018: |
5 |
| The Podiatric Medical Practice Act of 1987. |
6 |
| Section 10. The Podiatric Medical Practice Act of 1987 is |
7 |
| amended by changing Sections 3, 5, 6, 7, 10, 11.5, 12, 14, 18, |
8 |
| 21, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 38, and 41 as |
9 |
| follows:
|
10 |
| (225 ILCS 100/3) (from Ch. 111, par. 4803)
|
11 |
| (Section scheduled to be repealed on January 1, 2008)
|
12 |
| Sec. 3. Exceptions. This Act does not prohibit:
|
13 |
| (A) Any person licensed to practice medicine and |
14 |
| surgery in all
of its
branches in this State under the |
15 |
| Medical Practice Act of 1987 from engaging
in the
practice |
16 |
| for which he or she is licensed.
|
17 |
| (B) The practice of podiatric medicine by a person who |
18 |
| is
employed by the
United States government or any bureau, |
19 |
| division or agency thereof while in
the discharge of the |
20 |
| employee's official duties.
|
21 |
| (C) The practice of podiatric medicine that is
included |
22 |
| in
their program
of study by students enrolled in any |
23 |
| approved college of podiatric medicine
or in refresher |
|
|
|
HB0126 Enrolled |
- 3 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| courses approved by the Department.
|
2 |
| (D) The practice of podiatric medicine by one who has |
3 |
| applied
in
writing to
the Department, in form and substance |
4 |
| satisfactory to the Department, for a
license as a |
5 |
| podiatric physician and has complied with all the |
6 |
| provisions
under Section 10
9 of this Act, except the |
7 |
| passing of an examination to be
eligible to receive such |
8 |
| license, until the decision of the Department
that the |
9 |
| applicant has failed to pass the next available examination
|
10 |
| authorized by the Department or has failed to take the next |
11 |
| available
examination authorized by the Department, or the |
12 |
| withdrawal of the
application.
|
13 |
| (E) The practice of podiatric medicine by one who is a
|
14 |
| podiatric
physician under the laws of another state, |
15 |
| territory of the United States
or country as described in |
16 |
| Section 18 of this Act, and has applied in
writing to the |
17 |
| Department, in form and substance satisfactory to the
|
18 |
| Department, for a license as a podiatric physician and who |
19 |
| is qualified to
receive such license under Section 13 or |
20 |
| Section 9, until:
|
21 |
| (1) the expiration of 6 months after the filing of |
22 |
| such written
application,
|
23 |
| (2) the withdrawal of such application, or
|
24 |
| (3) the denial of such application by the |
25 |
| Department.
|
26 |
| (F) The provision of emergency care without fee by a |
|
|
|
HB0126 Enrolled |
- 4 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| podiatric
physician
assisting in an emergency as provided |
2 |
| in Section 4.
|
3 |
| An applicant for a license to practice podiatric medicine, |
4 |
| practicing
under the exceptions set forth in paragraphs (D) or |
5 |
| (E), may use the title
podiatric physician, podiatrist, doctor |
6 |
| of podiatric medicine, or chiropodist
as set forth in Section 5 |
7 |
| of this Act.
|
8 |
| (Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
|
9 |
| (225 ILCS 100/5) (from Ch. 111, par. 4805)
|
10 |
| (Section scheduled to be repealed on January 1, 2008)
|
11 |
| Sec. 5. Definitions. As used in this Act:
|
12 |
| (A) "Department" means the Department of Financial and
|
13 |
| Professional Regulation.
|
14 |
| (B) "Secretary"
"Director" means the Secretary
Director of |
15 |
| Financial and Professional Regulation.
|
16 |
| (C) "Board" means the Podiatric Medical Licensing Board |
17 |
| appointed
by
the Secretary
Director .
|
18 |
| (D) "Podiatric medicine" or"podiatry" means the
diagnosis, |
19 |
| medical,
physical, or surgical treatment of the ailments of the |
20 |
| human foot , including amputations; provided that amputations |
21 |
| of the human foot are limited to 10 centimeters proximal to the |
22 |
| tibial talar articulation. "Podiatric medicine" or "podiatry" |
23 |
| includes the provision of topical and local anesthesia and |
24 |
| moderate and deep sedation, as defined by Department rule |
25 |
| adopted under the Medical Practice Act of 1987
with the
|
|
|
|
HB0126 Enrolled |
- 5 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| exception of administration of general anesthetics and the |
2 |
| amputation of
the human foot . For the purposes of this Act, the |
3 |
| terms podiatric medicine,
podiatry and chiropody have the same |
4 |
| definition.
|
5 |
| (E) "Human foot" means the ankle and soft tissue which |
6 |
| insert
into the
foot as well as the foot.
|
7 |
| (F) "Podiatric physician" means a physician licensed to |
8 |
| practice
podiatric medicine.
|
9 |
| (G) "Postgraduate training" means a minimum one year |
10 |
| postdoctoral
structured and supervised educational experience |
11 |
| approved by the Council on
Podiatric Medical Education of the |
12 |
| American Podiatric Medical Association
which includes |
13 |
| residencies and preceptorships.
|
14 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
15 |
| (225 ILCS 100/6) (from Ch. 111, par. 4806)
|
16 |
| (Section scheduled to be repealed on January 1, 2008)
|
17 |
| Sec. 6. Powers and duties of the Department. The Department |
18 |
| shall
exercise the powers and duties prescribed by the Civil |
19 |
| Administrative Code
of Illinois for the administration of |
20 |
| licensing acts and shall exercise
such other powers and duties |
21 |
| conferred by this Act.
|
22 |
| The Secretary
Director may promulgate rules consistent |
23 |
| with the provisions of this
Act, for the administration and |
24 |
| enforcement thereof and may prescribe forms
that shall be |
25 |
| issued in connection therewith.
|
|
|
|
HB0126 Enrolled |
- 6 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
2 |
| (225 ILCS 100/7) (from Ch. 111, par. 4807)
|
3 |
| (Section scheduled to be repealed on January 1, 2008)
|
4 |
| Sec. 7. Creation of the Board. The Secretary
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 member |
8 |
| must be a member of the general public who
is not licensed |
9 |
| under this Act or a similar Act of another jurisdiction.
|
10 |
| Members shall serve 3 year terms and serve until their |
11 |
| successors are
appointed and qualified. No member shall be |
12 |
| reappointed to the Board for a
term that would cause his or her |
13 |
| continuous service on the Board to be longer
than 8 successive |
14 |
| years.
|
15 |
| A majority of Board members currently appointed shall |
16 |
| constitute a quorum.
A vacancy in the membership of the Board |
17 |
| shall not impair the right of a quorum
to exercise the rights |
18 |
| and perform all of the duties of the Board.
|
19 |
| In making appointments to the Board the Secretary
Director
|
20 |
| shall give due
consideration to recommendations by the Illinois |
21 |
| Podiatric Medical
Association and shall promptly give due |
22 |
| notice to the Illinois Podiatric
Medical Association of any |
23 |
| vacancy in the membership of the Board.
|
24 |
| Appointments to fill vacancies shall be made in the same |
25 |
| manner as
original appointments, for the unexpired portion of |
|
|
|
HB0126 Enrolled |
- 7 - |
LRB095 03944 RAS 23977 b |
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|
1 |
| the vacated term.
|
2 |
| The Board shall annually elect a chairperson and |
3 |
| vice-chairperson.
|
4 |
| The membership of the Board should reasonably reflect |
5 |
| representation from
the geographic areas in this State.
|
6 |
| Members of the Board shall be immune from suit in any |
7 |
| action based upon
any disciplinary proceedings or other |
8 |
| activities performed in good faith as
members of the Board.
|
9 |
| The members of the Board may
shall each receive as |
10 |
| compensation a reasonable
sum as determined by the Secretary
|
11 |
| Director for each day actually engaged in the
duties of the |
12 |
| office, and all legitimate and necessary expenses incurred in
|
13 |
| attending the meetings of the Board.
|
14 |
| The Secretary
Director may terminate the appointment of any |
15 |
| member for cause that
in the opinion of the Secretary
Director
|
16 |
| reasonably justifies such termination.
|
17 |
| The Secretary
Director shall consider the recommendations |
18 |
| of the Board on questions
involving standards of professional |
19 |
| conduct, discipline, and qualifications
of candidates and |
20 |
| licensees under this Act.
|
21 |
| Notice of proposed rulemaking shall be transmitted to the |
22 |
| Board and the
Department shall review the response of the Board |
23 |
| and any recommendations
made in the response. The Department |
24 |
| may, at any time, seek the
expert advice and
knowledge of the |
25 |
| Board on any matter relating to the administration or
|
26 |
| enforcement of this Act.
|
|
|
|
HB0126 Enrolled |
- 8 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
2 |
| (225 ILCS 100/10) (from Ch. 111, par. 4810)
|
3 |
| (Section scheduled to be repealed on January 1, 2008)
|
4 |
| Sec. 10. Qualifications for licensure. A person shall be |
5 |
| qualified
for licensure as a podiatric physician:
|
6 |
| (A) who has applied for licensure on forms prepared
and |
7 |
| furnished
by the Department;
|
8 |
| (B) who is at least 21 years of age;
|
9 |
| (C) who has not engaged in or is not engaged in any |
10 |
| practice or conduct that constitutes grounds for |
11 |
| discipline under this Act, including without limitation |
12 |
| grounds set forth in Section 24 of this Act, or rules |
13 |
| adopted under this Act
is of good moral character. In |
14 |
| determining moral
character under
this Section, the |
15 |
| Department may take into consideration any felony
|
16 |
| conviction of the applicant, but such a conviction shall |
17 |
| not operate as a
bar to licensure ;
|
18 |
| (D) who is a graduate of an approved college of |
19 |
| podiatric
medicine and
has attained the academic degree of |
20 |
| doctor of podiatric medicine (D.P.M.);
|
21 |
| (E) who has successfully completed an examination |
22 |
| authorized
by the
Department; and
|
23 |
| (F) who has successfully completed a minimum of one |
24 |
| year
postgraduate
training as defined in Section 5 of this |
25 |
| Act. The postgraduate training
requirement shall be |
|
|
|
HB0126 Enrolled |
- 9 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| effective July 1, 1992.
|
2 |
| (Source: P.A. 89-387, eff. 8-20-95; 90-76, eff. 12-30-97.)
|
3 |
| (225 ILCS 100/11.5)
|
4 |
| (Section scheduled to be repealed on January 1, 2008)
|
5 |
| Sec. 11.5. Unlicensed practice; violation; civil penalty.
|
6 |
| (a) Any person who practices, offers to practice, attempts |
7 |
| to practice, or
holds oneself out to practice podiatry without |
8 |
| being licensed under this Act
shall, in
addition to any other |
9 |
| penalty provided by law, pay a civil penalty to the
Department |
10 |
| in an amount not to exceed $10,000
$5,000 for each offense as |
11 |
| determined by
the Department. The civil penalty shall be |
12 |
| assessed by the Department after a
hearing is held in |
13 |
| accordance with the provisions set forth in this Act
regarding |
14 |
| the provision of a hearing for the discipline of a licensee.
|
15 |
| (b) The Department has the authority and power to |
16 |
| investigate any and all
unlicensed activity.
|
17 |
| (c) The civil penalty shall be paid within 60 days after |
18 |
| the effective date
of the order imposing the civil penalty. The |
19 |
| order shall constitute a judgment
and may be filed and |
20 |
| execution had thereon in the same manner as any judgment
from |
21 |
| any court of record.
|
22 |
| (Source: P.A. 89-474, eff. 6-18-96.)
|
23 |
| (225 ILCS 100/12) (from Ch. 111, par. 4812)
|
24 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
HB0126 Enrolled |
- 10 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| Sec. 12. Temporary license; qualifications and terms.
|
2 |
| (A) Podiatric physicians otherwise qualified for |
3 |
| licensure, with
the
exception of completion of one year of |
4 |
| postgraduate training and the
exception of the successful |
5 |
| completion of the written practical examination
required under |
6 |
| Section 10, may be granted a one year temporary license to
|
7 |
| practice podiatric medicine provided that the applicant can |
8 |
| demonstrate
that he or she has been accepted and is enrolled in |
9 |
| a recognized
postgraduate
training program during the period |
10 |
| for which the temporary license is
sought. Such temporary |
11 |
| licenses shall be valid for one year from the date
of issuance |
12 |
| for the practice site issued and may be renewed once. In
|
13 |
| addition,
an
applicant may request a one-year extension |
14 |
| pursuant to the rules of the
Department. Such
applicants shall |
15 |
| apply in writing on those forms prescribed by the
Department |
16 |
| and shall submit with the application the required application
|
17 |
| fee. Other examination fees that may be required under Section |
18 |
| 8
must
also be paid by temporary licensees.
|
19 |
| (B) Application for visiting professor permits shall be |
20 |
| made to
the
Department in writing on forms prescribed by the |
21 |
| Department and be
accompanied by the required fee. Requirements |
22 |
| for a visiting professor permit issued under this Section shall |
23 |
| be determined by the Department by rule. Visiting professor |
24 |
| permits shall be valid
for one year from the date of issuance |
25 |
| or until such time as the faculty
appointment is terminated, |
26 |
| whichever occurs first, and may be renewed once.
|
|
|
|
HB0126 Enrolled |
- 11 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
2 |
| (225 ILCS 100/14) (from Ch. 111, par. 4814)
|
3 |
| (Section scheduled to be repealed on January 1, 2008)
|
4 |
| Sec. 14. Continuing education requirement. Podiatric |
5 |
| physicians
licensed to practice in Illinois shall, as a |
6 |
| requirement for renewal of
license, complete continuing |
7 |
| education at the rate of at least 50
25 hours per
year. Such |
8 |
| hours shall be earned (1) from courses offered by
sponsors |
9 |
| validated by the Illinois Podiatric Medical Association |
10 |
| Continuing
Education Committee and approved by the Podiatric |
11 |
| Medical
Licensing Board; or (2) by continuing education |
12 |
| activities as defined in
the rules of the Department. Podiatric |
13 |
| physicians shall, at the request of
the Department, provide |
14 |
| proof of having met the requirements of continuing
education |
15 |
| under this Section. The Department shall by rule provide an
|
16 |
| orderly process for the reinstatement of licenses which have |
17 |
| not been
renewed due to the licensee's failure to meet |
18 |
| requirements of this Section.
The requirements of continuing |
19 |
| education may be waived by the Secretary
Director ,
upon |
20 |
| recommendation by the Board, in whole or in part for such good |
21 |
| cause,
including but not limited to illness or
hardship, as |
22 |
| defined by the rules of the Department.
|
23 |
| The Department shall establish by rule a means for the |
24 |
| verification of
completion of the continuing education |
25 |
| required by this Section. This
verification may be accomplished |
|
|
|
HB0126 Enrolled |
- 12 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| through audits of records maintained by
registrants; by |
2 |
| requiring the filing of continuing education certificates
with |
3 |
| the Department; or by other means established by the |
4 |
| Department.
|
5 |
| (Source: P.A. 92-750, eff. 1-1-03.)
|
6 |
| (225 ILCS 100/18) (from Ch. 111, par. 4818)
|
7 |
| (Section scheduled to be repealed on January 1, 2008)
|
8 |
| Sec. 18. Fees.
|
9 |
| (a) The following fees are not refundable.
|
10 |
| (1) The
fee for a certificate of licensure is $400. The |
11 |
| fee for a
temporary permit
or Visiting Professor permit |
12 |
| under Section 12 of this Act is $250.
|
13 |
| (2) In addition, applicants for any
examination shall |
14 |
| be required to
pay, either to the Department or to the |
15 |
| designated testing service, a fee
covering the cost of |
16 |
| providing the examination. Failure to appear for the
|
17 |
| examination on the scheduled date, at the time and place |
18 |
| specified, after
the applicant's application for |
19 |
| examination has been received and
acknowledged by the |
20 |
| Department or the designated testing service, shall
result |
21 |
| in the forfeiture of the examination fee.
|
22 |
| (3) The fee for the renewal of a certificate of |
23 |
| licensure shall be
calculated at the rate of $200 per year. |
24 |
| The fee for the renewal
of a
temporary permit or Visiting |
25 |
| Professor permit shall be calculated at the
rate of $125 |
|
|
|
HB0126 Enrolled |
- 13 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| per year.
|
2 |
| (4) The fee for the restoration of a certificate of |
3 |
| licensure other than
from inactive status is $100 plus |
4 |
| payment of all lapsed renewal fees, but
not to exceed $910.
|
5 |
| (5) The fee for the issuance of a duplicate certificate |
6 |
| of licensure,
for the issuance of a replacement certificate |
7 |
| for a certificate which has
been lost or destroyed or for |
8 |
| the issuance of a certificate with a change
of name or |
9 |
| address other than during the renewal period is $20. No fee |
10 |
| is
required for name and address changes on Department |
11 |
| records when no
duplicate certificate is issued.
|
12 |
| (6) The fee for a certification of a licensee's record |
13 |
| for any purpose
is $20.
|
14 |
| (7) The fee to have the scoring of an examination |
15 |
| administered by the
Department reviewed and verified is $20 |
16 |
| plus any fees charged by the
applicable testing service.
|
17 |
| (8) The fee for a wall certificate showing licensure |
18 |
| shall be the actual
cost of producing such certificates.
|
19 |
| (9) The fee for a roster of persons licensed as |
20 |
| podiatric physicians in
this State shall be the actual cost |
21 |
| of producing such a roster.
|
22 |
| (10) The annual fee for continuing education sponsors |
23 |
| is $1,000, however
colleges, universities and State |
24 |
| agencies shall be exempt from payment of
this fee.
|
25 |
| (b) Any person who delivers a check or other payment to the
|
26 |
| Department that
is returned to the Department unpaid by the |
|
|
|
HB0126 Enrolled |
- 14 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| financial institution upon
which it is drawn shall pay to the |
2 |
| Department, in addition to the amount
already owed to the |
3 |
| Department, a fine of $50. The fines imposed by this Section |
4 |
| are in addition
to any other discipline provided under this Act |
5 |
| for unlicensed
practice or practice on a nonrenewed license. |
6 |
| The Department shall notify
the person that payment of fees and |
7 |
| fines shall be paid to the Department
by certified check or |
8 |
| money order within 30 calendar days of the
notification. If, |
9 |
| after the expiration of 30 days from the date of the
|
10 |
| notification, the person has failed to submit the necessary |
11 |
| remittance, the
Department shall automatically terminate the |
12 |
| license or certificate or deny
the application, without |
13 |
| hearing. If, after termination or denial, the
person seeks a |
14 |
| license, he or she shall apply to the
Department for |
15 |
| restoration or issuance of the license and
pay all fees and |
16 |
| fines due to the Department. The Department may establish
a fee |
17 |
| for the processing of an application for restoration of a |
18 |
| license to pay
all expenses of processing this application. The |
19 |
| Secretary
Director
may waive the fines due under this Section |
20 |
| in individual cases where the
Secretary
Director finds that the |
21 |
| fines would be unreasonable or unnecessarily
burdensome.
|
22 |
| (Source: P.A. 92-146, eff. 1-1-02.)
|
23 |
| (225 ILCS 100/21) (from Ch. 111, par. 4821)
|
24 |
| (Section scheduled to be repealed on January 1, 2008)
|
25 |
| Sec. 21. Advertising.
|
|
|
|
HB0126 Enrolled |
- 15 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (A) Any podiatric physician may advertise the
availability |
2 |
| of podiatric medical services in the public media or on the
|
3 |
| premises where such services are rendered. Such advertising |
4 |
| shall be
limited to the following information:
|
5 |
| (a) the podiatric medical services available;
|
6 |
| (b) publication of the podiatric physician's name, |
7 |
| title, office hours,
address and telephone;
|
8 |
| (c) information pertaining to areas of practice |
9 |
| specialization,
including appropriate board certification |
10 |
| as approved by the Board in
accordance with the rules for |
11 |
| the administration of this Act or limitation of
|
12 |
| professional practice;
|
13 |
| (d) information on usual and customary fees for routine |
14 |
| podiatric
medical services offered, which information |
15 |
| shall include notification that
fees may be adjusted due to |
16 |
| complications or unforeseen circumstances;
|
17 |
| (e) announcement of the opening of, change of, absence |
18 |
| from, or
return to business;
|
19 |
| (f) announcement of additions to or deletions from |
20 |
| professional
podiatric staff;
|
21 |
| (g) the issuance of business or appointment cards;
|
22 |
| (h) other information about the podiatric physician, |
23 |
| podiatric practice
or the types of podiatric services that |
24 |
| the podiatric physician
offers to
perform that a reasonable |
25 |
| person might regard as relevant in
determining
whether to |
26 |
| seek the podiatric physician's services.
|
|
|
|
HB0126 Enrolled |
- 16 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (B) It is unlawful for any podiatric physician licensed |
2 |
| under this Act:
|
3 |
| (1) to use testimonials or claims of superior quality |
4 |
| of care to entice
the public;
|
5 |
| (2) to advertise in any way to practice podiatric |
6 |
| medicine without
causing pain or deformity; or
|
7 |
| (3) to advertise or offer gifts as an inducement to |
8 |
| secure patient
patronage. Podiatric physicians may |
9 |
| advertise or offer free examinations
or free podiatric |
10 |
| medical services; it shall be unlawful, however, for any
|
11 |
| podiatric physician to charge a fee to any patient or any |
12 |
| third party
payor for any podiatric medical service |
13 |
| provided at the time that such free
examination or free |
14 |
| podiatric medical services are provided.
|
15 |
| (C) This Act does not authorize the advertising of |
16 |
| podiatric medical
services when the offeror of such services is |
17 |
| not a podiatric physician.
Nor shall the podiatric physician |
18 |
| use statements that contain
false,
fraudulent, deceptive or |
19 |
| misleading material or guarantees of success,
statements that |
20 |
| play upon the vanity or fears of the public, or
statements
that |
21 |
| promote or produce unfair competition.
|
22 |
| (D) A licensee shall include in every advertisement for |
23 |
| services
regulated under
this Act his or her title as provided |
24 |
| by rule or the initials
authorized under this Act.
|
25 |
| (Source: P.A. 90-76, eff. 12-30-97; 91-310, eff. 1-1-00.)
|
|
|
|
HB0126 Enrolled |
- 17 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (225 ILCS 100/24) (from Ch. 111, par. 4824)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 24. Grounds for disciplinary action.
Refusal to issue |
4 |
| or suspension or revocation of
license; grounds. The Department |
5 |
| may refuse to issue, may refuse to renew,
may refuse to |
6 |
| restore, may suspend, or may revoke any license, or may place
|
7 |
| on probation, reprimand or take other disciplinary or |
8 |
| non-disciplinary action as the
Department may deem proper, |
9 |
| including fines not to exceed $10,000
$5,000
for each violation |
10 |
| upon anyone licensed under this Act for any of the
following |
11 |
| reasons:
|
12 |
| (1) Making a material misstatement in furnishing |
13 |
| information
to the
Department.
|
14 |
| (2) Violations of this Act, or of the rules or regulations
|
15 |
| promulgated
hereunder.
|
16 |
| (3) Conviction of or entry of a plea of guilty or nolo |
17 |
| contendere to any crime that is a felony under the laws of the
|
18 |
| any United States or any state or territory of the United |
19 |
| States
jurisdiction
that
is a felony or a misdemeanor, of which |
20 |
| an essential
element is
dishonesty, or of any crime that is |
21 |
| directly related to the
practice of the
profession.
|
22 |
| (4) Making any misrepresentation for the purpose of |
23 |
| obtaining
licenses, or
violating any provision of this Act or |
24 |
| the rules promulgated thereunder
pertaining to advertising.
|
25 |
| (5) Professional incompetence.
|
26 |
| (6) Gross or repeated malpractice or negligence.
|
|
|
|
HB0126 Enrolled |
- 18 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (7) Aiding or assisting another person in violating any |
2 |
| provision
of this Act or rules.
|
3 |
| (8) Failing, within 30
60 days, to provide information in |
4 |
| response
to a written
request made by the Department.
|
5 |
| (9) Engaging in dishonorable, unethical or unprofessional |
6 |
| conduct
of a
character likely to deceive, defraud or harm the |
7 |
| public.
|
8 |
| (10) Habitual or excessive use of alcohol, narcotics, |
9 |
| stimulants
or other
chemical agent or drug that results in the |
10 |
| inability to practice
podiatric
medicine with reasonable |
11 |
| judgment, skill or safety.
|
12 |
| (11) Discipline by another United States jurisdiction if at
|
13 |
| least one of
the grounds for the discipline is the same or |
14 |
| substantially equivalent to
those set forth in this Section.
|
15 |
| (12) Directly or indirectly giving to or receiving from any
|
16 |
| person, firm,
corporation, partnership or association any fee, |
17 |
| commission, rebate or
other form of compensation for any |
18 |
| professional services not actually or
personally rendered. |
19 |
| This shall not be deemed to include rent or other
remunerations |
20 |
| paid to an individual, partnership, or corporation, by a
|
21 |
| licensee, for the lease, rental or use of space, owned or |
22 |
| controlled, by
the individual, partnership or corporation.
|
23 |
| (13) A finding by the Podiatric Medical Licensing Board |
24 |
| that the
licensee,
after having his
or her
license placed on |
25 |
| probationary status, has violated the
terms of probation.
|
26 |
| (14) Abandonment of a patient.
|
|
|
|
HB0126 Enrolled |
- 19 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (15) Willfully making or filing false records or reports in |
2 |
| his
or her practice,
including but not limited to false records |
3 |
| filed with state agencies or
departments.
|
4 |
| (16) Willfully failing to report an instance of suspected |
5 |
| child
abuse or
neglect as required by the Abused and Neglected |
6 |
| Child Report Act.
|
7 |
| (17) Physical illness, mental illness, or other |
8 |
| impairment, including but not limited to,
deterioration |
9 |
| through
the aging process, or loss of motor skill
that results |
10 |
| in the inability to
practice the profession with reasonable |
11 |
| judgment, skill or safety.
|
12 |
| (18) Solicitation of professional services other than |
13 |
| permitted
advertising.
|
14 |
| (19) The determination by a circuit court that a licensed
|
15 |
| podiatric
physician is subject to involuntary admission or |
16 |
| judicial admission as
provided in the Mental Health and |
17 |
| Developmental Disabilities Code
operates as an automatic |
18 |
| suspension.
Such suspension will end only upon a finding by a |
19 |
| court that the
patient is no longer subject to involuntary |
20 |
| admission or judicial admission
and issues an order so finding |
21 |
| and discharging the patient; and upon the
recommendation of the |
22 |
| Podiatric Medical Licensing Board to the Secretary
Director
|
23 |
| that the licensee be allowed to resume his or her practice.
|
24 |
| (20) Holding oneself out to treat human ailments under any |
25 |
| name
other
than his or her own, or the impersonation of any |
26 |
| other physician.
|
|
|
|
HB0126 Enrolled |
- 20 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (21) Revocation or suspension or other action taken with
|
2 |
| respect to a podiatric medical license in
another jurisdiction |
3 |
| that would constitute disciplinary action under this
Act.
|
4 |
| (22) Promotion of the sale of drugs, devices, appliances or
|
5 |
| goods
provided for a patient in such manner as to exploit the |
6 |
| patient for
financial gain of the podiatric physician.
|
7 |
| (23) Gross, willful, and continued overcharging for |
8 |
| professional
services
including filing false statements for |
9 |
| collection of fees for those
services, including, but not |
10 |
| limited to, filing false statement for
collection of monies for |
11 |
| services not rendered from the medical assistance
program of |
12 |
| the Department of Healthcare and Family Services (formerly
|
13 |
| Department of Public Aid ) under the Illinois Public Aid Code
or |
14 |
| other private or public third party payor.
|
15 |
| (24) Being named as a perpetrator in an indicated report by |
16 |
| the
Department of Children and Family Services under the Abused |
17 |
| and
Neglected Child Reporting Act, and upon
proof by clear and |
18 |
| convincing evidence that the licensee has caused a child
to be |
19 |
| an abused child or neglected child as defined in the Abused and
|
20 |
| Neglected Child Reporting Act.
|
21 |
| (25) Willfully making or filing false records or reports in |
22 |
| the
practice of podiatric medicine, including, but not limited |
23 |
| to, false
records to support claims against the medical |
24 |
| assistance program of the
Department of Healthcare and Family |
25 |
| Services (formerly Department of Public Aid ) under the Illinois |
26 |
| Public Aid Code.
|
|
|
|
HB0126 Enrolled |
- 21 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (26) (Blank).
Mental illness or disability that results in
|
2 |
| the inability
to
practice with reasonable judgment, skill or |
3 |
| safety.
|
4 |
| (27) Immoral conduct in the commission of any act
|
5 |
| including,
sexual
abuse, sexual misconduct, or sexual |
6 |
| exploitation, related to the licensee's
practice.
|
7 |
| (28) Violation of the Health Care Worker Self-Referral Act.
|
8 |
| (29) Failure to report to the Department any adverse final |
9 |
| action taken
against him or her by another licensing |
10 |
| jurisdiction (another state or a
territory of the United States |
11 |
| or a foreign state or country) by a peer
review
body, by any |
12 |
| health care institution, by a professional society or |
13 |
| association
related to practice under this Act, by a |
14 |
| governmental agency, by a law
enforcement agency, or by a court |
15 |
| for acts or conduct similar to acts or
conduct that would |
16 |
| constitute grounds for action as defined in this Section.
|
17 |
| The Department may refuse to issue or may suspend the |
18 |
| license of any
person who fails to file a return, or to pay the |
19 |
| tax, penalty or interest
shown in a filed return, or to pay any |
20 |
| final assessment of tax, penalty or
interest, as required by |
21 |
| any tax Act administered by the Illinois
Department of Revenue, |
22 |
| until such time as the requirements of any such tax
Act are |
23 |
| satisfied.
|
24 |
| Upon receipt of a written
communication from the Secretary |
25 |
| of Human Services, the Director of Healthcare and Family |
26 |
| Services (formerly Director of
Public Aid ) , or the Director of |
|
|
|
HB0126 Enrolled |
- 22 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| Public Health that
continuation of practice of a person |
2 |
| licensed under
this Act constitutes an immediate danger to the |
3 |
| public, the Secretary
Director may
immediately suspend
the |
4 |
| license of such person without a hearing. In instances in which |
5 |
| the Secretary
Director immediately suspends a license under |
6 |
| this Section, a hearing upon
such person's license must be |
7 |
| convened by the Board within 15 days after
such suspension and |
8 |
| completed without appreciable delay, such hearing held
to |
9 |
| determine whether to recommend to the Secretary
Director that |
10 |
| the person's license
be revoked, suspended, placed on |
11 |
| probationary status or reinstated, or such
person be subject to |
12 |
| other disciplinary action. In such hearing, the
written |
13 |
| communication and any other evidence submitted therewith may be
|
14 |
| introduced as evidence against such person; provided, however, |
15 |
| the person
or his counsel shall have the opportunity to |
16 |
| discredit or impeach such
evidence and submit evidence |
17 |
| rebutting the same.
|
18 |
| Except for fraud in procuring a license, all
All
|
19 |
| proceedings to suspend, revoke, place on probationary status, |
20 |
| or take
any
other disciplinary action as the Department may |
21 |
| deem proper, with regard to a
license on any of the foregoing |
22 |
| grounds, must be commenced within 5
3 years after
receipt by |
23 |
| the Department of a complaint alleging the commission of or |
24 |
| notice
of the conviction order for any of the acts described in |
25 |
| this Section. Except
for the grounds set forth in items (8), |
26 |
| (9), (26), and (29) of this Section
fraud
in procuring a |
|
|
|
HB0126 Enrolled |
- 23 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| license , no action shall be commenced more than 10
5 years |
2 |
| after
the date of the incident or act alleged to have
been a
|
3 |
| violation of this Section.
In the event of the settlement of |
4 |
| any claim or cause of action in favor of
the claimant or the |
5 |
| reduction to final judgment of any civil action in favor of
the |
6 |
| plaintiff, such claim, cause of action, or civil action being |
7 |
| grounded on
the allegation that a person licensed under this |
8 |
| Act was negligent in providing
care, the Department shall have |
9 |
| an additional period of 2 years
one year from the date
of |
10 |
| notification to the Department under Section 26 of this Act of |
11 |
| such
settlement or final judgment in which to investigate and |
12 |
| commence formal
disciplinary proceedings under Section 24 of |
13 |
| this Act, except as otherwise
provided by law.
The
time during |
14 |
| which the holder of the license was outside the State of |
15 |
| Illinois
shall not be included within any period of time |
16 |
| limiting the commencement of
disciplinary action by the |
17 |
| Department.
|
18 |
| In enforcing this Section, the Department or Board upon a |
19 |
| showing of a
possible
violation may compel an individual |
20 |
| licensed to practice under this Act, or
who has applied for |
21 |
| licensure under this Act, to submit
to a mental or physical |
22 |
| examination, or both, as required by and at the expense
of the |
23 |
| Department. The Department or Board may order the examining |
24 |
| physician to
present
testimony concerning the mental or |
25 |
| physical examination of the licensee or
applicant. No |
26 |
| information shall be excluded by reason of any common law or
|
|
|
|
HB0126 Enrolled |
- 24 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| statutory privilege relating to communications between the |
2 |
| licensee or
applicant and the examining physician. The |
3 |
| examining
physicians
shall be specifically designated by the |
4 |
| Board or Department.
The individual to be examined may have, at |
5 |
| his or her own expense, another
physician of his or her choice |
6 |
| present during all
aspects of this examination. Failure of an |
7 |
| individual to submit to a mental
or
physical examination, when |
8 |
| directed, shall be grounds for suspension of his or
her
license |
9 |
| until the individual submits to the examination if the |
10 |
| Department
finds,
after notice and hearing, that the refusal to |
11 |
| submit to the examination was
without reasonable cause.
|
12 |
| If the Department or Board finds an individual unable to |
13 |
| practice because of
the
reasons
set forth in this Section, the |
14 |
| Department or Board may require that individual
to submit
to
|
15 |
| care, counseling, or treatment by physicians approved
or |
16 |
| designated by the Department or Board, as a condition, term, or |
17 |
| restriction
for continued,
reinstated, or
renewed licensure to |
18 |
| practice; or, in lieu of care, counseling, or treatment,
the |
19 |
| Department may file, or
the Board may recommend to the |
20 |
| Department to file, a complaint to immediately
suspend, revoke, |
21 |
| or otherwise discipline the license of the individual.
An |
22 |
| individual whose
license was granted, continued, reinstated, |
23 |
| renewed, disciplined or supervised
subject to such terms, |
24 |
| conditions, or restrictions, and who fails to comply
with
such |
25 |
| terms, conditions, or restrictions, shall be referred to the |
26 |
| Secretary
Director for
a
determination as to whether the |
|
|
|
HB0126 Enrolled |
- 25 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| individual shall have his or her license
suspended immediately, |
2 |
| pending a hearing by the Department.
|
3 |
| In instances in which the Secretary
Director immediately |
4 |
| suspends a person's license
under this Section, a hearing on |
5 |
| that person's license must be convened by
the Department within |
6 |
| 30
15 days after the suspension and completed without
|
7 |
| appreciable
delay.
The Department and Board shall have the |
8 |
| authority to review the subject
individual's record of
|
9 |
| treatment and counseling regarding the impairment to the extent |
10 |
| permitted by
applicable federal statutes and regulations |
11 |
| safeguarding the confidentiality of
medical records.
|
12 |
| An individual licensed under this Act and affected under |
13 |
| this Section shall
be
afforded an opportunity to demonstrate to |
14 |
| the Department or Board that he or
she can resume
practice in |
15 |
| compliance with acceptable and prevailing standards under the
|
16 |
| provisions of his or her license.
|
17 |
| (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97; |
18 |
| revised 12-15-05.)
|
19 |
| (225 ILCS 100/25) (from Ch. 111, par. 4825)
|
20 |
| (Section scheduled to be repealed on January 1, 2008)
|
21 |
| Sec. 25. Violations - Injunction - Cease and desist order.
|
22 |
| A. If any
person violates the provision of this Act, the |
23 |
| Secretary
Director may, in the name of
the People of the State |
24 |
| of Illinois, through the Attorney General of the
State of |
25 |
| Illinois, petition, for an order enjoining such violation or |
|
|
|
HB0126 Enrolled |
- 26 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| for
an order enforcing compliance with this Act. Upon the |
2 |
| filing of a verified
petition in such court, the court may |
3 |
| issue a temporary restraining order,
without notice or bond, |
4 |
| and may preliminarily and permanently enjoin such
violation, |
5 |
| and if it is established that such person has violated or is
|
6 |
| violating the injunction, the court may punish the offender for |
7 |
| contempt of
court. Proceedings under this Section shall be in |
8 |
| addition to, and not in
lieu of, all other remedies and |
9 |
| penalties provided by this Act.
|
10 |
| B. If any person shall practice as a podiatric physician or |
11 |
| hold himself
out as a podiatric physician without being |
12 |
| licensed under the provisions of
this Act then any licensed |
13 |
| podiatric physician, any interested party or any
person injured |
14 |
| thereby may, in addition to the Secretary
Director , petition |
15 |
| for
relief as provided in subsection A of this Section.
|
16 |
| C. Whenever in the opinion of the Department any person |
17 |
| violates any
provision of this Act, the Department may issue a |
18 |
| rule to show cause why an
order to cease and desist should not |
19 |
| be entered against him. The rule
shall clearly set forth the |
20 |
| grounds relied upon by the Department and shall
provide a |
21 |
| period of 7 days from the date of the rule to file an answer to
|
22 |
| the satisfaction of the Department. Failure to answer to the |
23 |
| satisfaction
of the Department shall cause an order to cease |
24 |
| and desist to be issued
forthwith.
|
25 |
| (Source: P.A. 85-918.)
|
|
|
|
HB0126 Enrolled |
- 27 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (225 ILCS 100/26) (from Ch. 111, par. 4826)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 26. Reports relating to professional conduct and |
4 |
| capacity.
|
5 |
| (A) The Board shall
by rule provide for the reporting to it |
6 |
| of all instances in which a
podiatric physician licensed under |
7 |
| this Act who is impaired by reason of
age, drug or alcohol |
8 |
| abuse or physical or mental impairment, is under
supervision |
9 |
| and, where appropriate, is in a program of rehabilitation.
|
10 |
| Reports shall be strictly confidential and may be reviewed and
|
11 |
| considered only by the members of the Board, or by authorized |
12 |
| staff of the
Department as provided by the rules of the Board. |
13 |
| Provisions shall be made
for the periodic report of the status |
14 |
| of any such podiatric physician not
less than twice annually in |
15 |
| order that the Board shall have current
information upon which |
16 |
| to determine the status of any such podiatric
physician. Such |
17 |
| initial and periodic reports of impaired physicians shall
not |
18 |
| be considered records within the meaning of the State Records |
19 |
| Act and
shall be disposed of, following a determination by the |
20 |
| Board that such
reports are no longer required, in a manner and |
21 |
| at such time as the Board
shall determine by rule. The filing |
22 |
| of such reports shall be construed as
the filing of a report |
23 |
| for the purposes of subsection (C) of this
Section.
Failure to |
24 |
| file a report under this Section shall be a Class A |
25 |
| misdemeanor.
|
26 |
| (A-5) The following persons and entities shall report to |
|
|
|
HB0126 Enrolled |
- 28 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| the Department or the Board in the instances and under the |
2 |
| conditions set forth in this subsection (A-5):
|
3 |
| (1) Any administrator or officer of
any
hospital, |
4 |
| nursing home or other health care agency or facility who |
5 |
| has
knowledge of any action or condition which reasonably |
6 |
| indicates to him or
her
that a licensed podiatric physician |
7 |
| practicing in such hospital, nursing
home or other health |
8 |
| care agency or facility is habitually intoxicated or
|
9 |
| addicted to the use of habit forming drugs, or is otherwise |
10 |
| impaired, to
the extent that such intoxication, addiction, |
11 |
| or impairment
adversely
affects
such podiatric physician's |
12 |
| professional performance, or has knowledge that
reasonably |
13 |
| indicates to him or her that any podiatric physician |
14 |
| unlawfully
possesses, uses, distributes or converts |
15 |
| habit-forming drugs belonging to
the hospital, nursing |
16 |
| home or other health care agency or facility for such
|
17 |
| podiatric physician's own use or benefit, shall promptly |
18 |
| file a written
report thereof to the Department. The report |
19 |
| shall include the name of the
podiatric physician, the name |
20 |
| of the patient or patients involved, if any,
a brief |
21 |
| summary of the action, condition or occurrence that has
|
22 |
| necessitated the report, and any other information as the |
23 |
| Department may
deem necessary. The Department shall |
24 |
| provide forms on which such
reports shall be filed.
|
25 |
| (2) The president or chief
executive
officer
of any |
26 |
| association or society of podiatric physicians licensed |
|
|
|
HB0126 Enrolled |
- 29 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| under this
Act, operating within this State shall report to |
2 |
| the Board when the
association or society renders a final |
3 |
| determination relating to the
professional competence or |
4 |
| conduct of the podiatric physician.
|
5 |
| (3) Every insurance company that
offers policies of |
6 |
| professional liability insurance to persons licensed
under |
7 |
| this Act, or any other entity that seeks to indemnify the
|
8 |
| professional liability of a podiatric physician licensed |
9 |
| under this Act,
shall report to the Board the settlement of |
10 |
| any claim or cause of action,
or final judgment rendered in |
11 |
| any cause of action that alleged negligence
in the |
12 |
| furnishing of medical care by such licensed person when |
13 |
| such
settlement or final judgement is in favor of the |
14 |
| plaintiff.
|
15 |
| (4) The State's Attorney of each county shall report
to |
16 |
| the Board all instances in which a person licensed under |
17 |
| this Act is
convicted or otherwise found guilty of the |
18 |
| commission of any felony.
|
19 |
| (5) All agencies, boards, commissions, departments, or |
20 |
| other
instrumentalities of the government of the State of |
21 |
| Illinois shall report
to the Board any instance arising in |
22 |
| connection with the operations of such
agency, including |
23 |
| the administration of any law by such agency, in which a
|
24 |
| podiatric physician licensed under this Act has either |
25 |
| committed an act or
acts that may be a violation of this |
26 |
| Act or that may constitute unprofessional
conduct related |
|
|
|
HB0126 Enrolled |
- 30 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| directly to patient care or that indicates that a podiatric
|
2 |
| physician licensed under this Act may be mentally or |
3 |
| physically disabled in
such a manner as to endanger |
4 |
| patients under that physician's care.
|
5 |
| (B) All reports required by this Act shall
be
submitted to |
6 |
| the Board in a timely fashion. The reports shall be filed in
|
7 |
| writing within 60 days after a determination that a report is |
8 |
| required
under this Act. All reports shall contain the |
9 |
| following information:
|
10 |
| (1) The name, address and telephone number of the |
11 |
| person making the
report.
|
12 |
| (2) The name, address and telephone number of the |
13 |
| podiatric physician
who is the subject of the report.
|
14 |
| (3) The name or other means of identification of any |
15 |
| patient or patients
whose treatment is a subject of the |
16 |
| report, provided, however, no medical
records may be |
17 |
| revealed without the written consent of the patient or |
18 |
| patients.
|
19 |
| (4) A brief description of the facts that gave rise to |
20 |
| the issuance of
the report, including the dates of any |
21 |
| occurrences deemed to necessitate
the filing of the report.
|
22 |
| (5) If court action is involved, the identity of the |
23 |
| court in which the
action is filed, along with the docket |
24 |
| number and date of filing of the action.
|
25 |
| (6) Any further pertinent information that the |
26 |
| reporting
party deems to be an aid in the evaluation of the |
|
|
|
HB0126 Enrolled |
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LRB095 03944 RAS 23977 b |
|
|
1 |
| report.
|
2 |
| Nothing contained in this Section shall waive or modify the
|
3 |
| confidentiality of medical reports and committee reports to the |
4 |
| extent
provided by law. Any information reported or disclosed |
5 |
| shall be kept for
the confidential use of the Board, the |
6 |
| Board's attorneys, the investigative
staff and other |
7 |
| authorized Department staff, as provided in this Act, and
shall |
8 |
| be afforded the same status as is provided information |
9 |
| concerning
medical studies in Part 21 of Article VIII of the |
10 |
| Code of Civil Procedure.
|
11 |
| (C) Any individual or organization acting in
good faith, |
12 |
| and not in a willful and wanton manner, in complying with this
|
13 |
| Act by providing any report or other information to the Board, |
14 |
| or assisting
in the investigation or preparation of such |
15 |
| information, or by
participating in proceedings of the Board, |
16 |
| or by serving as a member of the
Board, shall not, as a result |
17 |
| of such actions, be subject to criminal
prosecution or civil |
18 |
| damages.
|
19 |
| (D) Members of the Board, the Board's attorneys, the
|
20 |
| investigative staff, other podiatric physicians retained under |
21 |
| contract to
assist and advise in the investigation, and other |
22 |
| authorized Department
staff shall be indemnified by the State |
23 |
| for any actions occurring within the
scope of services on the |
24 |
| Board, done in good faith and not willful and
wanton in nature. |
25 |
| The Attorney General shall defend all such actions unless
he or |
26 |
| she determines either that he or she would have a conflict of
|
|
|
|
HB0126 Enrolled |
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LRB095 03944 RAS 23977 b |
|
|
1 |
| interest in such representation or that the actions complained |
2 |
| of were not in
good faith or were willful and wanton.
|
3 |
| Should the Attorney General decline representation, the |
4 |
| member shall have
the right to employ counsel of his or her |
5 |
| choice, whose fees shall be provided
by the State, after |
6 |
| approval by the Attorney General, unless there is a
|
7 |
| determination by a court that the member's actions were not in |
8 |
| good faith or
were wilful and wanton. The member must notify |
9 |
| the Attorney General within 7
days of receipt of notice of the |
10 |
| initiation of any action involving services
of the Board. |
11 |
| Failure to so notify the Attorney General shall constitute an
|
12 |
| absolute waiver of the right to a defense and indemnification. |
13 |
| The Attorney
General shall determine within 7 days after |
14 |
| receiving such notice, whether he
or she will undertake to |
15 |
| represent the member.
|
16 |
| (E) Upon the receipt of any report called for
by this Act, |
17 |
| other than those reports of impaired persons licensed under
|
18 |
| this Act required pursuant to the rules of the Board, the Board |
19 |
| shall
notify in writing, by certified mail, the podiatric |
20 |
| physician who is the
subject of the report. Such notification |
21 |
| shall be made within 30 days of
receipt by the Board of the |
22 |
| report.
|
23 |
| The notification shall include a written notice setting |
24 |
| forth the podiatric
physician's right to examine the report. |
25 |
| Included in such notification
shall be the address at which the |
26 |
| file is maintained, the name of the
custodian of the reports, |
|
|
|
HB0126 Enrolled |
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LRB095 03944 RAS 23977 b |
|
|
1 |
| and the telephone number at which the custodian
may be reached. |
2 |
| The podiatric physician who is the subject of the report
shall |
3 |
| be permitted to submit a written statement responding, |
4 |
| clarifying,
adding to, or proposing the amending of the report |
5 |
| previously filed. The
statement shall become a permanent part |
6 |
| of the file and must be received by
the Board no more than 30 |
7 |
| days after the date on which the podiatric
physician was |
8 |
| notified of the existence of the original report.
|
9 |
| The Board shall review all reports received by it, together |
10 |
| with any
supporting information and responding statements |
11 |
| submitted by persons who
are the subject of reports. The review |
12 |
| by the Board shall be in a timely
manner but in no event shall |
13 |
| the Board's initial review of the material
contained in each |
14 |
| disciplinary file be less than 61 days nor more than 180
days |
15 |
| after the receipt of the initial report by the Board.
|
16 |
| When the Board makes its initial review of the materials |
17 |
| contained within
its disciplinary files the Board shall, in |
18 |
| writing, make a determination as
to whether there are |
19 |
| sufficient facts to warrant further investigation or
action. |
20 |
| Failure to make such determination within the time provided |
21 |
| shall
be deemed to be a determination that there are not |
22 |
| sufficient facts to
warrant further investigation or action.
|
23 |
| Should the Board find that there are not sufficient facts |
24 |
| to warrant
further investigation, or action, the report shall |
25 |
| be accepted for filing
and the matter shall be deemed closed |
26 |
| and so reported.
|
|
|
|
HB0126 Enrolled |
- 34 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| The individual or entity filing the original report or |
2 |
| complaint and the
podiatric physician who is the subject of the |
3 |
| report or complaint shall be
notified in writing by the Board |
4 |
| of any final action on their report or
complaint.
|
5 |
| (F) The Board shall prepare on a timely basis, but in
no |
6 |
| event less than once every other month, a summary report of |
7 |
| final
disciplinary actions taken upon disciplinary files |
8 |
| maintained by the Board. The summary
reports shall be made |
9 |
| available on the Department's web site
sent by the Board to |
10 |
| such institutions, associations and
individuals as the |
11 |
| Director may determine .
|
12 |
| (G) Any violation of this Section shall be a Class A |
13 |
| misdemeanor.
|
14 |
| (H) If any such podiatric physician violates
the provisions |
15 |
| of this Section, an action may be brought in the name of the
|
16 |
| People of the State of Illinois, through the Attorney General |
17 |
| of the State
of Illinois, for an order enjoining such violation |
18 |
| or for an order
enforcing compliance with this Section. Upon |
19 |
| filing of a verified petition
in such court, the court may |
20 |
| issue a temporary restraining order without
notice or bond and |
21 |
| may preliminarily or permanently enjoin such violation,
and if |
22 |
| it is established that such podiatric physician has violated or |
23 |
| is
violating the injunction, the Court may punish the offender |
24 |
| for contempt of
court. Proceedings under this paragraph shall |
25 |
| be in addition to, and not
in lieu of, all other remedies and |
26 |
| penalties provided for by this Section.
|
|
|
|
HB0126 Enrolled |
- 35 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
|
2 |
| (225 ILCS 100/27) (from Ch. 111, par. 4827)
|
3 |
| (Section scheduled to be repealed on January 1, 2008)
|
4 |
| Sec. 27. Investigations; notice and hearing. The |
5 |
| Department may investigate the actions of any applicant or of |
6 |
| any
person
or persons holding or claiming to hold a license. |
7 |
| The Department shall,
before suspending, revoking, placing on |
8 |
| probationary status or taking any
other disciplinary action as |
9 |
| the Department may deem proper with regard
to any licensee, at |
10 |
| least 30 days prior to the date set for the hearing,
notify the |
11 |
| accused in writing of any charges made and the time and place
|
12 |
| for a hearing of the charges before the Board, direct him or |
13 |
| her to file
his or
her written
answer thereto to the Board |
14 |
| under oath within 20 days after the service
on him or her of |
15 |
| such notice and inform her or him that if he or she fails
to
|
16 |
| file such
answer
default will be taken against him or her and |
17 |
| his or her license may be
revoked,
suspended, placed
on |
18 |
| probationary status, or subject to other disciplinary action, |
19 |
| including
limiting
the scope, nature, or extent of his or her |
20 |
| practice as the Department may
deem proper.
|
21 |
| In case the accused person, after receiving notice fails to |
22 |
| file an
answer, his or her license may, in the discretion of |
23 |
| the Secretary
Director having
received
the recommendation of |
24 |
| the Board, be suspended, revoked, or placed on
probationary |
25 |
| status or the Secretary
Director may take whatever disciplinary |
|
|
|
HB0126 Enrolled |
- 36 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| action
as he or she may deem proper including limiting the |
2 |
| scope, nature, or extent
of the
accused person's practice |
3 |
| without a hearing if the act or acts charged
constitute |
4 |
| sufficient grounds for such action under this Act.
|
5 |
| Such written
notice may be served by personal delivery or |
6 |
| certified or registered
mail to the respondent at the address |
7 |
| on record with
of his or her last notification to
the |
8 |
| Department. At the time and placed fixed in the notice, the |
9 |
| Board shall
proceed to hear the charges
and the parties or |
10 |
| their counsel shall be accorded ample opportunity
to present |
11 |
| such statements, testimony, evidence and argument as may
be |
12 |
| pertinent to the charges or to the defense thereto. The Board
|
13 |
| may continue such hearing from time to time.
|
14 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
15 |
| (225 ILCS 100/30) (from Ch. 111, par. 4830)
|
16 |
| (Section scheduled to be repealed on January 1, 2008)
|
17 |
| Sec. 30. Witness; subpoenas. The Department shall have the |
18 |
| power to
subpoena and bring before it any person in this State |
19 |
| and to take
testimony, either orally or by deposition, or both, |
20 |
| with the same fees and
mileage and in the same manner as |
21 |
| prescribed by law in judicial proceedings
in civil cases in |
22 |
| circuit courts of this State.
|
23 |
| The Secretary
Director , and any member of the Board, shall |
24 |
| each have the power to
administer oaths to witnesses at any |
25 |
| hearing that the Department
is
authorized to conduct under this |
|
|
|
HB0126 Enrolled |
- 37 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| Act, and any other oaths required or
authorized to be |
2 |
| administered by the Department hereunder.
|
3 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
4 |
| (225 ILCS 100/31) (from Ch. 111, par. 4831)
|
5 |
| (Section scheduled to be repealed on January 1, 2008)
|
6 |
| Sec. 31. Notice of hearing - Findings and recommendations. |
7 |
| At the
conclusion of the hearing the Board shall present to the |
8 |
| Secretary
Director
a written report of its findings of fact, |
9 |
| conclusions of law, and
recommendations. The report shall |
10 |
| contain a finding whether or not the
accused person violated |
11 |
| this Act or failed to comply with the conditions
required in |
12 |
| this Act. The Board shall specify the nature of the violation
|
13 |
| or failure to comply, and shall make its recommendations to the |
14 |
| Secretary
Director .
|
15 |
| The report of findings of fact, conclusions of law and |
16 |
| recommendations of
the Board shall be the basis for the |
17 |
| Department's order or refusal or for
the granting of a license. |
18 |
| If the Secretary
Director disagrees in any regard with
the |
19 |
| report of the Board, the Secretary
Director may issue an order |
20 |
| in contravention
thereof. The Secretary
Director shall provide |
21 |
| a written report to the Board on any
deviation, and shall |
22 |
| specify with particularity the reasons for such action
in the |
23 |
| final order. The finding is not admissible in evidence against |
24 |
| the
person in a criminal prosecution brought for the violation |
25 |
| of this Act, but
the hearing and finding are not a bar to a |
|
|
|
HB0126 Enrolled |
- 38 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| criminal prosecution brought for
the violation of this Act.
|
2 |
| (Source: P.A. 85-918.)
|
3 |
| (225 ILCS 100/32) (from Ch. 111, par. 4832)
|
4 |
| (Section scheduled to be repealed on January 1, 2008)
|
5 |
| Sec. 32. Board - Rehearing. In any case involving the |
6 |
| refusal to
issue, renew or discipline of a license,
a copy of |
7 |
| the Board's report shall be served upon the respondent by the
|
8 |
| Department, either personally or as provided in this Act for |
9 |
| the service
of the notice of hearing. Within 20 days after such |
10 |
| service, the respondent
may present to the Department a motion |
11 |
| in writing for a rehearing, which
motion shall specify the |
12 |
| particular grounds therefor.
|
13 |
| If no motion for rehearing is filed, then upon the |
14 |
| expiration of the time
specified for filing such a motion, or |
15 |
| if a motion for rehearing is denied,
then upon such denial the |
16 |
| Secretary
Director may enter an order in accordance with
|
17 |
| recommendations of the Board except as provided in Section 31 |
18 |
| of this
Act. If the respondent shall order from the reporting |
19 |
| service, and pay
for a transcript of the record within the time |
20 |
| for filing a motion for
rehearing, the 20 day period within |
21 |
| which such a motion may be filed shall
commence upon the |
22 |
| delivery of the transcript to the respondent.
|
23 |
| (Source: P.A. 85-918.)
|
24 |
| (225 ILCS 100/33) (from Ch. 111, par. 4833)
|
|
|
|
HB0126 Enrolled |
- 39 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2008)
|
2 |
| Sec. 33. Secretary
Director - Rehearing. Whenever the |
3 |
| Secretary
Director is satisfied
that substantial justice has |
4 |
| not been done in the revocation, suspension or
refusal to issue |
5 |
| or renew a license, the Secretary
Director may order a |
6 |
| rehearing by
the same or another hearing officer or Board.
|
7 |
| (Source: P.A. 85-918.)
|
8 |
| (225 ILCS 100/34) (from Ch. 111, par. 4834)
|
9 |
| (Section scheduled to be repealed on January 1, 2008)
|
10 |
| Sec. 34. Appointment of a hearing officer. Notwithstanding |
11 |
| the
provisions of Section 32 of this Act, the Secretary
|
12 |
| Director
shall have the authority to appoint any attorney duly |
13 |
| licensed to practice
law in the State of Illinois to serve as |
14 |
| the hearing officer in any action
for refusal to issue, renew |
15 |
| or discipline of a license.
|
16 |
| The Secretary
Director shall notify the Board of any such |
17 |
| appointment. The hearing
officer shall have full authority to |
18 |
| conduct the hearing. The hearing officer
shall report his or |
19 |
| her findings of fact, conclusions of law and
recommendations
to |
20 |
| the Board and the Secretary
Director . The Board shall have 60 |
21 |
| days from receipt
of the report to review the report of the |
22 |
| hearing officer and present their
findings of fact, conclusions |
23 |
| of law and recommendations to the Board and the
Secretary
|
24 |
| Director . The Board shall have 60 days after receipt of the
|
25 |
| report to review
the report of the hearing officer and present |
|
|
|
HB0126 Enrolled |
- 40 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| its findings of
fact,
conclusions of law, and recommendations |
2 |
| to the Director. If the Board
fails to present its report |
3 |
| within the 60 day period , the Secretary
Director may
issue an |
4 |
| order based on the report of the hearing officer. If the |
5 |
| Secretary
Director
disagrees in any regard with the report of |
6 |
| the Board or hearing officer, he
or she
may issue an order in |
7 |
| contravention thereof. The Secretary
Director shall provide an
|
8 |
| a
written explanation to the Board on any such deviation, and |
9 |
| shall specify
with particularity the reasons for such action in |
10 |
| the final order.
|
11 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
12 |
| (225 ILCS 100/35) (from Ch. 111, par. 4835)
|
13 |
| (Section scheduled to be repealed on January 1, 2008)
|
14 |
| Sec. 35. Order or certified copy; prima facie proof.
An |
15 |
| order or a certified copy thereof, over the seal of the |
16 |
| Department and
purporting to be signed by the Secretary
|
17 |
| Director , shall be prima facie proof that:
|
18 |
| (a) the signature is the genuine signature of the
|
19 |
| Secretary
Director ;
|
20 |
| (b) the Secretary
Director is duly appointed and |
21 |
| qualified;
and
|
22 |
| (c) the Board and the members thereof are qualified to |
23 |
| act.
|
24 |
| (Source: P.A. 91-357, eff. 7-29-99.)
|
|
|
|
HB0126 Enrolled |
- 41 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| (225 ILCS 100/38) (from Ch. 111, par. 4838)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 38. Temporary suspension of a license. The Secretary
|
4 |
| Director may
temporarily suspend the license of a podiatric |
5 |
| physician
without a hearing, simultaneously with the |
6 |
| institution of proceedings for
a hearing provided for in |
7 |
| Section 27 of this Act, if the Secretary
Director finds
that |
8 |
| evidence in his or her possession indicates that a podiatric
|
9 |
| physician's
continuation in practice would constitute an |
10 |
| imminent danger to the public.
In the event that the Secretary
|
11 |
| Director suspends, temporarily, this license of a
podiatric |
12 |
| physician without a hearing, a hearing by the Board must be |
13 |
| held
within 30 days after such suspension has occurred and |
14 |
| shall be concluded
without appreciable delay.
|
15 |
| (Source: P.A. 90-76, eff. 12-30-97.)
|
16 |
| (225 ILCS 100/41) (from Ch. 111, par. 4841)
|
17 |
| (Section scheduled to be repealed on January 1, 2008)
|
18 |
| Sec. 41. Violations. Any person who is found to have |
19 |
| violated any
provisions of this Act is guilty of a Class A |
20 |
| misdemeanor.
All criminal fines, monies, or other property |
21 |
| collected or received by
the Department under this Section or |
22 |
| any other State or federal statute,
including, but not limited |
23 |
| to, property forfeited to the Department under
Section 505 of |
24 |
| The Illinois Controlled Substances Act or Section 85 of the |
25 |
| Methamphetamine Control and Community Protection Act, shall be |
|
|
|
HB0126 Enrolled |
- 42 - |
LRB095 03944 RAS 23977 b |
|
|
1 |
| deposited
into the Professional Regulation Evidence Fund.
|
2 |
| The Board, with the advice of the Secretary
Director and |
3 |
| attorneys for the
Department, may establish by rule a schedule |
4 |
| of fines payable by those who
have violated any provisions of |
5 |
| this Act.
|
6 |
| Fines assessed and collected for violations of this Act |
7 |
| shall be
deposited in the Illinois State Podiatric Medical |
8 |
| Disciplinary Fund.
|
9 |
| (Source: P.A. 94-556, eff. 9-11-05.)
|
10 |
| (225 ILCS 100/13 rep.)
|
11 |
| Section 15. The Podiatric Medical Practice Act of 1987 is |
12 |
| amended by repealing Section 13.
|
13 |
| Section 99. Effective date. This Act takes effect upon |
14 |
| becoming law.
|