|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.18 and by adding Section 4.28 as follows:
| ||||||
6 | (5 ILCS 80/4.18)
| ||||||
7 | Sec. 4.18. Acts repealed January 1, 2008. The following | ||||||
8 | Acts
are repealed on January 1, 2008:
| ||||||
9 | The Acupuncture Practice Act.
| ||||||
10 | The Clinical Social Work and Social Work Practice Act.
| ||||||
11 | The Home Medical Equipment and Services Provider License | ||||||
12 | Act.
| ||||||
13 | The Nursing and Advanced Practice Nursing Act.
| ||||||
14 | The Illinois Petroleum Education and Marketing Act.
| ||||||
15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
| ||||||
17 | The Marriage and Family Therapy Licensing Act.
| ||||||
18 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
19 | Act.
| ||||||
20 | The Pharmacy Practice Act of 1987.
| ||||||
21 | The Physician Assistant Practice Act of 1987.
| ||||||
22 | The Podiatric Medical Practice Act of 1987.
| ||||||
23 | The Structural Pest Control Act.
|
| |||||||
| |||||||
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 Act repealed on January 1, 2018.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4 | Act is repealed on January 1, 2018: | ||||||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11 | (Section scheduled to be repealed on January 1, 2008)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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|