Illinois General Assembly - Full Text of HB0126
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Full Text of HB0126  95th General Assembly


Rep. Angelo Saviano

Filed: 4/17/2007





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2     AMENDMENT NO. ______. Amend House Bill 126 on page 2,
3 immediately below line 5, by inserting the following:
4     "Section 10. The Podiatric Medical Practice Act of 1987 is
5 amended by changing Sections 3, 5, 6, 7, 10, 11.5, 12, 14, 18,
6 21, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 38, and 41 as
7 follows:
8     (225 ILCS 100/3)  (from Ch. 111, par. 4803)
9     (Section scheduled to be repealed on January 1, 2008)
10     Sec. 3. Exceptions. This Act does not prohibit:
11         (A) Any person licensed to practice medicine and
12     surgery in all of its branches in this State under the
13     Medical Practice Act of 1987 from engaging in the practice
14     for which he or she is licensed.
15         (B) The practice of podiatric medicine by a person who
16     is employed by the United States government or any bureau,



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1     division or agency thereof while in the discharge of the
2     employee's official duties.
3         (C) The practice of podiatric medicine that is included
4     in their program of study by students enrolled in any
5     approved college of podiatric medicine or in refresher
6     courses approved by the Department.
7         (D) The practice of podiatric medicine by one who has
8     applied in writing to the Department, in form and substance
9     satisfactory to the Department, for a license as a
10     podiatric physician and has complied with all the
11     provisions under Section 10 9 of this Act, except the
12     passing of an examination to be eligible to receive such
13     license, until the decision of the Department that the
14     applicant has failed to pass the next available examination
15     authorized by the Department or has failed to take the next
16     available examination authorized by the Department, or the
17     withdrawal of the application.
18         (E) The practice of podiatric medicine by one who is a
19     podiatric physician under the laws of another state,
20     territory of the United States or country as described in
21     Section 18 of this Act, and has applied in writing to the
22     Department, in form and substance satisfactory to the
23     Department, for a license as a podiatric physician and who
24     is qualified to receive such license under Section 13 or
25     Section 9, until:
26             (1) the expiration of 6 months after the filing of



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1         such written application,
2             (2) the withdrawal of such application, or
3             (3) the denial of such application by the
4         Department.
5         (F) The provision of emergency care without fee by a
6     podiatric physician assisting in an emergency as provided
7     in Section 4.
8     An applicant for a license to practice podiatric medicine,
9 practicing under the exceptions set forth in paragraphs (D) or
10 (E), may use the title podiatric physician, podiatrist, doctor
11 of podiatric medicine, or chiropodist as set forth in Section 5
12 of this Act.
13 (Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
14     (225 ILCS 100/5)  (from Ch. 111, par. 4805)
15     (Section scheduled to be repealed on January 1, 2008)
16     Sec. 5. Definitions. As used in this Act:
17     (A) "Department" means the Department of Financial and
18 Professional Regulation.
19     (B) "Secretary" "Director" means the Secretary Director of
20 Financial and Professional Regulation.
21     (C) "Board" means the Podiatric Medical Licensing Board
22 appointed by the Secretary Director.
23     (D) "Podiatric medicine" or"podiatry" means the diagnosis,
24 medical, physical, or surgical treatment of the ailments of the
25 human foot, including amputations; provided that amputations



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1 of the human foot are limited to 10 centimeters proximal to the
2 tibial talar articulation. "Podiatric medicine" or "podiatry"
3 includes the provision of topical and local anesthesia and
4 moderate and deep sedation, as defined by Department rule
5 adopted under the Medical Practice Act of 1987 with the
6 exception of administration of general anesthetics and the
7 amputation of the human foot. For the purposes of this Act, the
8 terms podiatric medicine, podiatry and chiropody have the same
9 definition.
10     (E) "Human foot" means the ankle and soft tissue which
11 insert into the foot as well as the foot.
12     (F) "Podiatric physician" means a physician licensed to
13 practice podiatric medicine.
14     (G) "Postgraduate training" means a minimum one year
15 postdoctoral structured and supervised educational experience
16 approved by the Council on Podiatric Medical Education of the
17 American Podiatric Medical Association which includes
18 residencies and preceptorships.
19 (Source: P.A. 90-76, eff. 12-30-97.)
20     (225 ILCS 100/6)  (from Ch. 111, par. 4806)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 6. Powers and duties of the Department. The Department
23 shall exercise the powers and duties prescribed by the Civil
24 Administrative Code of Illinois for the administration of
25 licensing acts and shall exercise such other powers and duties



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1 conferred by this Act.
2     The Secretary Director may promulgate rules consistent
3 with the provisions of this Act, for the administration and
4 enforcement thereof and may prescribe forms that shall be
5 issued in connection therewith.
6 (Source: P.A. 90-76, eff. 12-30-97.)
7     (225 ILCS 100/7)  (from Ch. 111, par. 4807)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 7. Creation of the Board. The Secretary Director shall
10 appoint a Podiatric Medical Licensing Board as follows: 5
11 members must be actively engaged in the practice of podiatric
12 medicine in this State for a minimum of 3 years and one member
13 must be a member of the general public who is not licensed
14 under this Act or a similar Act of another jurisdiction.
15     Members shall serve 3 year terms and serve until their
16 successors are appointed and qualified. No member shall be
17 reappointed to the Board for a term that would cause his or her
18 continuous service on the Board to be longer than 8 successive
19 years.
20     A majority of Board members currently appointed shall
21 constitute a quorum. A vacancy in the membership of the Board
22 shall not impair the right of a quorum to exercise the rights
23 and perform all of the duties of the Board.
24     In making appointments to the Board the Secretary Director
25 shall give due consideration to recommendations by the Illinois



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1 Podiatric Medical Association and shall promptly give due
2 notice to the Illinois Podiatric Medical Association of any
3 vacancy in the membership of the Board.
4     Appointments to fill vacancies shall be made in the same
5 manner as original appointments, for the unexpired portion of
6 the vacated term.
7     The Board shall annually elect a chairperson and
8 vice-chairperson.
9     The membership of the Board should reasonably reflect
10 representation from the geographic areas in this State.
11     Members of the Board shall be immune from suit in any
12 action based upon any disciplinary proceedings or other
13 activities performed in good faith as members of the Board.
14     The members of the Board may shall each receive as
15 compensation a reasonable sum as determined by the Secretary
16 Director for each day actually engaged in the duties of the
17 office, and all legitimate and necessary expenses incurred in
18 attending the meetings of the Board.
19     The Secretary Director may terminate the appointment of any
20 member for cause that in the opinion of the Secretary Director
21 reasonably justifies such termination.
22     The Secretary Director shall consider the recommendations
23 of the Board on questions involving standards of professional
24 conduct, discipline, and qualifications of candidates and
25 licensees under this Act.
26     Notice of proposed rulemaking shall be transmitted to the



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1 Board and the Department shall review the response of the Board
2 and any recommendations made in the response. The Department
3 may, at any time, seek the expert advice and knowledge of the
4 Board on any matter relating to the administration or
5 enforcement of this Act.
6 (Source: P.A. 90-76, eff. 12-30-97.)
7     (225 ILCS 100/10)  (from Ch. 111, par. 4810)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 10. Qualifications for licensure. A person shall be
10 qualified for licensure as a podiatric physician:
11         (A) who has applied for licensure on forms prepared and
12     furnished by the Department;
13         (B) who is at least 21 years of age;
14         (C) who has not engaged in or is not engaged in any
15     practice or conduct that constitutes grounds for
16     discipline under this Act, including without limitation
17     grounds set forth in Section 24 of this Act, or rules
18     adopted under this Act is of good moral character. In
19     determining moral character under this Section, the
20     Department may take into consideration any felony
21     conviction of the applicant, but such a conviction shall
22     not operate as a bar to licensure;
23         (D) who is a graduate of an approved college of
24     podiatric medicine and has attained the academic degree of
25     doctor of podiatric medicine (D.P.M.);



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1         (E) who has successfully completed an examination
2     authorized by the Department; and
3         (F) who has successfully completed a minimum of one
4     year postgraduate training as defined in Section 5 of this
5     Act. The postgraduate training requirement shall be
6     effective July 1, 1992.
7 (Source: P.A. 89-387, eff. 8-20-95; 90-76, eff. 12-30-97.)
8     (225 ILCS 100/11.5)
9     (Section scheduled to be repealed on January 1, 2008)
10     Sec. 11.5. Unlicensed practice; violation; civil penalty.
11     (a) Any person who practices, offers to practice, attempts
12 to practice, or holds oneself out to practice podiatry without
13 being licensed under this Act shall, in addition to any other
14 penalty provided by law, pay a civil penalty to the Department
15 in an amount not to exceed $10,000 $5,000 for each offense as
16 determined by the Department. The civil penalty shall be
17 assessed by the Department after a hearing is held in
18 accordance with the provisions set forth in this Act regarding
19 the provision of a hearing for the discipline of a licensee.
20     (b) The Department has the authority and power to
21 investigate any and all unlicensed activity.
22     (c) The civil penalty shall be paid within 60 days after
23 the effective date of the order imposing the civil penalty. The
24 order shall constitute a judgment and may be filed and
25 execution had thereon in the same manner as any judgment from



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1 any court of record.
2 (Source: P.A. 89-474, eff. 6-18-96.)
3     (225 ILCS 100/12)  (from Ch. 111, par. 4812)
4     (Section scheduled to be repealed on January 1, 2008)
5     Sec. 12. Temporary license; qualifications and terms.
6     (A) Podiatric physicians otherwise qualified for
7 licensure, with the exception of completion of one year of
8 postgraduate training and the exception of the successful
9 completion of the written practical examination required under
10 Section 10, may be granted a one year temporary license to
11 practice podiatric medicine provided that the applicant can
12 demonstrate that he or she has been accepted and is enrolled in
13 a recognized postgraduate training program during the period
14 for which the temporary license is sought. Such temporary
15 licenses shall be valid for one year from the date of issuance
16 for the practice site issued and may be renewed once. In
17 addition, an applicant may request a one-year extension
18 pursuant to the rules of the Department. Such applicants shall
19 apply in writing on those forms prescribed by the Department
20 and shall submit with the application the required application
21 fee. Other examination fees that may be required under Section
22 8 must also be paid by temporary licensees.
23     (B) Application for visiting professor permits shall be
24 made to the Department in writing on forms prescribed by the
25 Department and be accompanied by the required fee. Requirements



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1 for a visiting professor permit issued under this Section shall
2 be determined by the Department by rule. Visiting professor
3 permits shall be valid for one year from the date of issuance
4 or until such time as the faculty appointment is terminated,
5 whichever occurs first, and may be renewed once.
6 (Source: P.A. 90-76, eff. 12-30-97.)
7     (225 ILCS 100/14)  (from Ch. 111, par. 4814)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 14. Continuing education requirement. Podiatric
10 physicians licensed to practice in Illinois shall, as a
11 requirement for renewal of license, complete continuing
12 education at the rate of at least 50 25 hours per year. Such
13 hours shall be earned (1) from courses offered by sponsors
14 validated by the Illinois Podiatric Medical Association
15 Continuing Education Committee and approved by the Podiatric
16 Medical Licensing Board; or (2) by continuing education
17 activities as defined in the rules of the Department. Podiatric
18 physicians shall, at the request of the Department, provide
19 proof of having met the requirements of continuing education
20 under this Section. The Department shall by rule provide an
21 orderly process for the reinstatement of licenses which have
22 not been renewed due to the licensee's failure to meet
23 requirements of this Section. The requirements of continuing
24 education may be waived by the Secretary Director, upon
25 recommendation by the Board, in whole or in part for such good



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1 cause, including but not limited to illness or hardship, as
2 defined by the rules of the Department.
3     The Department shall establish by rule a means for the
4 verification of completion of the continuing education
5 required by this Section. This verification may be accomplished
6 through audits of records maintained by registrants; by
7 requiring the filing of continuing education certificates with
8 the Department; or by other means established by the
9 Department.
10 (Source: P.A. 92-750, eff. 1-1-03.)
11     (225 ILCS 100/18)  (from Ch. 111, par. 4818)
12     (Section scheduled to be repealed on January 1, 2008)
13     Sec. 18. Fees.
14     (a) The following fees are not refundable.
15         (1) The fee for a certificate of licensure is $400. The
16     fee for a temporary permit or Visiting Professor permit
17     under Section 12 of this Act is $250.
18         (2) In addition, applicants for any examination shall
19     be required to pay, either to the Department or to the
20     designated testing service, a fee covering the cost of
21     providing the examination. Failure to appear for the
22     examination on the scheduled date, at the time and place
23     specified, after the applicant's application for
24     examination has been received and acknowledged by the
25     Department or the designated testing service, shall result



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1     in the forfeiture of the examination fee.
2         (3) The fee for the renewal of a certificate of
3     licensure shall be calculated at the rate of $200 per year.
4     The fee for the renewal of a temporary permit or Visiting
5     Professor permit shall be calculated at the rate of $125
6     per year.
7         (4) The fee for the restoration of a certificate of
8     licensure other than from inactive status is $100 plus
9     payment of all lapsed renewal fees, but not to exceed $910.
10         (5) The fee for the issuance of a duplicate certificate
11     of licensure, for the issuance of a replacement certificate
12     for a certificate which has been lost or destroyed or for
13     the issuance of a certificate with a change of name or
14     address other than during the renewal period is $20. No fee
15     is required for name and address changes on Department
16     records when no duplicate certificate is issued.
17         (6) The fee for a certification of a licensee's record
18     for any purpose is $20.
19         (7) The fee to have the scoring of an examination
20     administered by the Department reviewed and verified is $20
21     plus any fees charged by the applicable testing service.
22         (8) The fee for a wall certificate showing licensure
23     shall be the actual cost of producing such certificates.
24         (9) The fee for a roster of persons licensed as
25     podiatric physicians in this State shall be the actual cost
26     of producing such a roster.



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1         (10) The annual fee for continuing education sponsors
2     is $1,000, however colleges, universities and State
3     agencies shall be exempt from payment of this fee.
4     (b) Any person who delivers a check or other payment to the
5 Department that is returned to the Department unpaid by the
6 financial institution upon which it is drawn shall pay to the
7 Department, in addition to the amount already owed to the
8 Department, a fine of $50. The fines imposed by this Section
9 are in addition to any other discipline provided under this Act
10 for unlicensed practice or practice on a nonrenewed license.
11 The Department shall notify the person that payment of fees and
12 fines shall be paid to the Department by certified check or
13 money order within 30 calendar days of the notification. If,
14 after the expiration of 30 days from the date of the
15 notification, the person has failed to submit the necessary
16 remittance, the Department shall automatically terminate the
17 license or certificate or deny the application, without
18 hearing. If, after termination or denial, the person seeks a
19 license, he or she shall apply to the Department for
20 restoration or issuance of the license and pay all fees and
21 fines due to the Department. The Department may establish a fee
22 for the processing of an application for restoration of a
23 license to pay all expenses of processing this application. The
24 Secretary Director may waive the fines due under this Section
25 in individual cases where the Secretary Director finds that the
26 fines would be unreasonable or unnecessarily burdensome.



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1 (Source: P.A. 92-146, eff. 1-1-02.)
2     (225 ILCS 100/21)  (from Ch. 111, par. 4821)
3     (Section scheduled to be repealed on January 1, 2008)
4     Sec. 21. Advertising.
5     (A) Any podiatric physician may advertise the availability
6 of podiatric medical services in the public media or on the
7 premises where such services are rendered. Such advertising
8 shall be limited to the following information:
9         (a) the podiatric medical services available;
10         (b) publication of the podiatric physician's name,
11     title, office hours, address and telephone;
12         (c) information pertaining to areas of practice
13     specialization, including appropriate board certification
14     as approved by the Board in accordance with the rules for
15     the administration of this Act or limitation of
16     professional practice;
17         (d) information on usual and customary fees for routine
18     podiatric medical services offered, which information
19     shall include notification that fees may be adjusted due to
20     complications or unforeseen circumstances;
21         (e) announcement of the opening of, change of, absence
22     from, or return to business;
23         (f) announcement of additions to or deletions from
24     professional podiatric staff;
25         (g) the issuance of business or appointment cards;



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1         (h) other information about the podiatric physician,
2     podiatric practice or the types of podiatric services that
3     the podiatric physician offers to perform that a reasonable
4     person might regard as relevant in determining whether to
5     seek the podiatric physician's services.
6     (B) It is unlawful for any podiatric physician licensed
7 under this Act:
8         (1) to use testimonials or claims of superior quality
9     of care to entice the public;
10         (2) to advertise in any way to practice podiatric
11     medicine without causing pain or deformity; or
12         (3) to advertise or offer gifts as an inducement to
13     secure patient patronage. Podiatric physicians may
14     advertise or offer free examinations or free podiatric
15     medical services; it shall be unlawful, however, for any
16     podiatric physician to charge a fee to any patient or any
17     third party payor for any podiatric medical service
18     provided at the time that such free examination or free
19     podiatric medical services are provided.
20     (C) This Act does not authorize the advertising of
21 podiatric medical services when the offeror of such services is
22 not a podiatric physician. Nor shall the podiatric physician
23 use statements that contain false, fraudulent, deceptive or
24 misleading material or guarantees of success, statements that
25 play upon the vanity or fears of the public, or statements that
26 promote or produce unfair competition.



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1     (D) A licensee shall include in every advertisement for
2 services regulated under this Act his or her title as provided
3 by rule or the initials authorized under this Act.
4 (Source: P.A. 90-76, eff. 12-30-97; 91-310, eff. 1-1-00.)
5     (225 ILCS 100/24)  (from Ch. 111, par. 4824)
6     (Section scheduled to be repealed on January 1, 2008)
7     Sec. 24. Grounds for disciplinary action. Refusal to issue
8 or suspension or revocation of license; grounds. The Department
9 may refuse to issue, may refuse to renew, may refuse to
10 restore, may suspend, or may revoke any license, or may place
11 on probation, reprimand or take other disciplinary or
12 non-disciplinary action as the Department may deem proper,
13 including fines not to exceed $10,000 $5,000 for each violation
14 upon anyone licensed under this Act for any of the following
15 reasons:
16     (1) Making a material misstatement in furnishing
17 information to the Department.
18     (2) Violations of this Act, or of the rules or regulations
19 promulgated hereunder.
20     (3) Conviction of or entry of a plea of guilty or nolo
21 contendere to any crime that is a felony under the laws of the
22 any United States or any state or territory of the United
23 States jurisdiction that is a felony or a misdemeanor, of which
24 an essential element is dishonesty, or of any crime that is
25 directly related to the practice of the profession.



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1     (4) Making any misrepresentation for the purpose of
2 obtaining licenses, or violating any provision of this Act or
3 the rules promulgated thereunder pertaining to advertising.
4     (5) Professional incompetence.
5     (6) Gross or repeated malpractice or negligence.
6     (7) Aiding or assisting another person in violating any
7 provision of this Act or rules.
8     (8) Failing, within 30 60 days, to provide information in
9 response to a written request made by the Department.
10     (9) Engaging in dishonorable, unethical or unprofessional
11 conduct of a character likely to deceive, defraud or harm the
12 public.
13     (10) Habitual or excessive use of alcohol, narcotics,
14 stimulants or other chemical agent or drug that results in the
15 inability to practice podiatric medicine with reasonable
16 judgment, skill or safety.
17     (11) Discipline by another United States jurisdiction if at
18 least one of the grounds for the discipline is the same or
19 substantially equivalent to those set forth in this Section.
20     (12) Directly or indirectly giving to or receiving from any
21 person, firm, corporation, partnership or association any fee,
22 commission, rebate or other form of compensation for any
23 professional services not actually or personally rendered.
24 This shall not be deemed to include rent or other remunerations
25 paid to an individual, partnership, or corporation, by a
26 licensee, for the lease, rental or use of space, owned or



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1 controlled, by the individual, partnership or corporation.
2     (13) A finding by the Podiatric Medical Licensing Board
3 that the licensee, after having his or her license placed on
4 probationary status, has violated the terms of probation.
5     (14) Abandonment of a patient.
6     (15) Willfully making or filing false records or reports in
7 his or her practice, including but not limited to false records
8 filed with state agencies or departments.
9     (16) Willfully failing to report an instance of suspected
10 child abuse or neglect as required by the Abused and Neglected
11 Child Report Act.
12     (17) Physical illness, mental illness, or other
13 impairment, including but not limited to, deterioration
14 through the aging process, or loss of motor skill that results
15 in the inability to practice the profession with reasonable
16 judgment, skill or safety.
17     (18) Solicitation of professional services other than
18 permitted advertising.
19     (19) The determination by a circuit court that a licensed
20 podiatric physician is subject to involuntary admission or
21 judicial admission as provided in the Mental Health and
22 Developmental Disabilities Code operates as an automatic
23 suspension. Such suspension will end only upon a finding by a
24 court that the patient is no longer subject to involuntary
25 admission or judicial admission and issues an order so finding
26 and discharging the patient; and upon the recommendation of the



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1 Podiatric Medical Licensing Board to the Secretary Director
2 that the licensee be allowed to resume his or her practice.
3     (20) Holding oneself out to treat human ailments under any
4 name other than his or her own, or the impersonation of any
5 other physician.
6     (21) Revocation or suspension or other action taken with
7 respect to a podiatric medical license in another jurisdiction
8 that would constitute disciplinary action under this Act.
9     (22) Promotion of the sale of drugs, devices, appliances or
10 goods provided for a patient in such manner as to exploit the
11 patient for financial gain of the podiatric physician.
12     (23) Gross, willful, and continued overcharging for
13 professional services including filing false statements for
14 collection of fees for those services, including, but not
15 limited to, filing false statement for collection of monies for
16 services not rendered from the medical assistance program of
17 the Department of Healthcare and Family Services (formerly
18 Department of Public Aid) under the Illinois Public Aid Code or
19 other private or public third party payor.
20     (24) Being named as a perpetrator in an indicated report by
21 the Department of Children and Family Services under the Abused
22 and Neglected Child Reporting Act, and upon proof by clear and
23 convincing evidence that the licensee has caused a child to be
24 an abused child or neglected child as defined in the Abused and
25 Neglected Child Reporting Act.
26     (25) Willfully making or filing false records or reports in



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1 the practice of podiatric medicine, including, but not limited
2 to, false records to support claims against the medical
3 assistance program of the Department of Healthcare and Family
4 Services (formerly Department of Public Aid) under the Illinois
5 Public Aid Code.
6     (26) (Blank). Mental illness or disability that results in
7 the inability to practice with reasonable judgment, skill or
8 safety.
9     (27) Immoral conduct in the commission of any act
10 including, sexual abuse, sexual misconduct, or sexual
11 exploitation, related to the licensee's practice.
12     (28) Violation of the Health Care Worker Self-Referral Act.
13     (29) Failure to report to the Department any adverse final
14 action taken against him or her by another licensing
15 jurisdiction (another state or a territory of the United States
16 or a foreign state or country) by a peer review body, by any
17 health care institution, by a professional society or
18 association related to practice under this Act, by a
19 governmental agency, by a law enforcement agency, or by a court
20 for acts or conduct similar to acts or conduct that would
21 constitute grounds for action as defined in this Section.
22     The Department may refuse to issue or may suspend the
23 license of any person who fails to file a return, or to pay the
24 tax, penalty or interest shown in a filed return, or to pay any
25 final assessment of tax, penalty or interest, as required by
26 any tax Act administered by the Illinois Department of Revenue,



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1 until such time as the requirements of any such tax Act are
2 satisfied.
3     Upon receipt of a written communication from the Secretary
4 of Human Services, the Director of Healthcare and Family
5 Services (formerly Director of Public Aid), or the Director of
6 Public Health that continuation of practice of a person
7 licensed under this Act constitutes an immediate danger to the
8 public, the Secretary Director may immediately suspend the
9 license of such person without a hearing. In instances in which
10 the Secretary Director immediately suspends a license under
11 this Section, a hearing upon such person's license must be
12 convened by the Board within 15 days after such suspension and
13 completed without appreciable delay, such hearing held to
14 determine whether to recommend to the Secretary Director that
15 the person's license be revoked, suspended, placed on
16 probationary status or reinstated, or such person be subject to
17 other disciplinary action. In such hearing, the written
18 communication and any other evidence submitted therewith may be
19 introduced as evidence against such person; provided, however,
20 the person or his counsel shall have the opportunity to
21 discredit or impeach such evidence and submit evidence
22 rebutting the same.
23     Except for fraud in procuring a license, all All
24 proceedings to suspend, revoke, place on probationary status,
25 or take any other disciplinary action as the Department may
26 deem proper, with regard to a license on any of the foregoing



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1 grounds, must be commenced within 5 3 years after receipt by
2 the Department of a complaint alleging the commission of or
3 notice of the conviction order for any of the acts described in
4 this Section. Except for the grounds set forth in items (8),
5 (9), (26), and (29) of this Section fraud in procuring a
6 license, no action shall be commenced more than 10 5 years
7 after the date of the incident or act alleged to have been a
8 violation of this Section. In the event of the settlement of
9 any claim or cause of action in favor of the claimant or the
10 reduction to final judgment of any civil action in favor of the
11 plaintiff, such claim, cause of action, or civil action being
12 grounded on the allegation that a person licensed under this
13 Act was negligent in providing care, the Department shall have
14 an additional period of 2 years one year from the date of
15 notification to the Department under Section 26 of this Act of
16 such settlement or final judgment in which to investigate and
17 commence formal disciplinary proceedings under Section 24 of
18 this Act, except as otherwise provided by law. The time during
19 which the holder of the license was outside the State of
20 Illinois shall not be included within any period of time
21 limiting the commencement of disciplinary action by the
22 Department.
23     In enforcing this Section, the Department or Board upon a
24 showing of a possible violation may compel an individual
25 licensed to practice under this Act, or who has applied for
26 licensure under this Act, to submit to a mental or physical



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1 examination, or both, as required by and at the expense of the
2 Department. The Department or Board may order the examining
3 physician to present testimony concerning the mental or
4 physical examination of the licensee or applicant. No
5 information shall be excluded by reason of any common law or
6 statutory privilege relating to communications between the
7 licensee or applicant and the examining physician. The
8 examining physicians shall be specifically designated by the
9 Board or Department. The individual to be examined may have, at
10 his or her own expense, another physician of his or her choice
11 present during all aspects of this examination. Failure of an
12 individual to submit to a mental or physical examination, when
13 directed, shall be grounds for suspension of his or her license
14 until the individual submits to the examination if the
15 Department finds, after notice and hearing, that the refusal to
16 submit to the examination was without reasonable cause.
17     If the Department or Board finds an individual unable to
18 practice because of the reasons set forth in this Section, the
19 Department or Board may require that individual to submit to
20 care, counseling, or treatment by physicians approved or
21 designated by the Department or Board, as a condition, term, or
22 restriction for continued, reinstated, or renewed licensure to
23 practice; or, in lieu of care, counseling, or treatment, the
24 Department may file, or the Board may recommend to the
25 Department to file, a complaint to immediately suspend, revoke,
26 or otherwise discipline the license of the individual. An



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1 individual whose license was granted, continued, reinstated,
2 renewed, disciplined or supervised subject to such terms,
3 conditions, or restrictions, and who fails to comply with such
4 terms, conditions, or restrictions, shall be referred to the
5 Secretary Director for a determination as to whether the
6 individual shall have his or her license suspended immediately,
7 pending a hearing by the Department.
8     In instances in which the Secretary Director immediately
9 suspends a person's license under this Section, a hearing on
10 that person's license must be convened by the Department within
11 30 15 days after the suspension and completed without
12 appreciable delay. The Department and Board shall have the
13 authority to review the subject individual's record of
14 treatment and counseling regarding the impairment to the extent
15 permitted by applicable federal statutes and regulations
16 safeguarding the confidentiality of medical records.
17     An individual licensed under this Act and affected under
18 this Section shall be afforded an opportunity to demonstrate to
19 the Department or Board that he or she can resume practice in
20 compliance with acceptable and prevailing standards under the
21 provisions of his or her license.
22 (Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97;
23 revised 12-15-05.)
24     (225 ILCS 100/25)  (from Ch. 111, par. 4825)
25     (Section scheduled to be repealed on January 1, 2008)



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1     Sec. 25. Violations - Injunction - Cease and desist order.
2 A. If any person violates the provision of this Act, the
3 Secretary Director may, in the name of the People of the State
4 of Illinois, through the Attorney General of the State of
5 Illinois, petition, for an order enjoining such violation or
6 for an order enforcing compliance with this Act. Upon the
7 filing of a verified petition in such court, the court may
8 issue a temporary restraining order, without notice or bond,
9 and may preliminarily and permanently enjoin such violation,
10 and if it is established that such person has violated or is
11 violating the injunction, the court may punish the offender for
12 contempt of court. Proceedings under this Section shall be in
13 addition to, and not in lieu of, all other remedies and
14 penalties provided by this Act.
15     B. If any person shall practice as a podiatric physician or
16 hold himself out as a podiatric physician without being
17 licensed under the provisions of this Act then any licensed
18 podiatric physician, any interested party or any person injured
19 thereby may, in addition to the Secretary Director, petition
20 for relief as provided in subsection A of this Section.
21     C. Whenever in the opinion of the Department any person
22 violates any provision of this Act, the Department may issue a
23 rule to show cause why an order to cease and desist should not
24 be entered against him. The rule shall clearly set forth the
25 grounds relied upon by the Department and shall provide a
26 period of 7 days from the date of the rule to file an answer to



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1 the satisfaction of the Department. Failure to answer to the
2 satisfaction of the Department shall cause an order to cease
3 and desist to be issued forthwith.
4 (Source: P.A. 85-918.)
5     (225 ILCS 100/26)  (from Ch. 111, par. 4826)
6     (Section scheduled to be repealed on January 1, 2008)
7     Sec. 26. Reports relating to professional conduct and
8 capacity.
9     (A) The Board shall by rule provide for the reporting to it
10 of all instances in which a podiatric physician licensed under
11 this Act who is impaired by reason of age, drug or alcohol
12 abuse or physical or mental impairment, is under supervision
13 and, where appropriate, is in a program of rehabilitation.
14 Reports shall be strictly confidential and may be reviewed and
15 considered only by the members of the Board, or by authorized
16 staff of the Department as provided by the rules of the Board.
17 Provisions shall be made for the periodic report of the status
18 of any such podiatric physician not less than twice annually in
19 order that the Board shall have current information upon which
20 to determine the status of any such podiatric physician. Such
21 initial and periodic reports of impaired physicians shall not
22 be considered records within the meaning of the State Records
23 Act and shall be disposed of, following a determination by the
24 Board that such reports are no longer required, in a manner and
25 at such time as the Board shall determine by rule. The filing



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1 of such reports shall be construed as the filing of a report
2 for the purposes of subsection (C) of this Section. Failure to
3 file a report under this Section shall be a Class A
4 misdemeanor.
5     (A-5) The following persons and entities shall report to
6 the Department or the Board in the instances and under the
7 conditions set forth in this subsection (A-5):
8         (1) Any administrator or officer of any hospital,
9     nursing home or other health care agency or facility who
10     has knowledge of any action or condition which reasonably
11     indicates to him or her that a licensed podiatric physician
12     practicing in such hospital, nursing home or other health
13     care agency or facility is habitually intoxicated or
14     addicted to the use of habit forming drugs, or is otherwise
15     impaired, to the extent that such intoxication, addiction,
16     or impairment adversely affects such podiatric physician's
17     professional performance, or has knowledge that reasonably
18     indicates to him or her that any podiatric physician
19     unlawfully possesses, uses, distributes or converts
20     habit-forming drugs belonging to the hospital, nursing
21     home or other health care agency or facility for such
22     podiatric physician's own use or benefit, shall promptly
23     file a written report thereof to the Department. The report
24     shall include the name of the podiatric physician, the name
25     of the patient or patients involved, if any, a brief
26     summary of the action, condition or occurrence that has



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1     necessitated the report, and any other information as the
2     Department may deem necessary. The Department shall
3     provide forms on which such reports shall be filed.
4         (2) The president or chief executive officer of any
5     association or society of podiatric physicians licensed
6     under this Act, operating within this State shall report to
7     the Board when the association or society renders a final
8     determination relating to the professional competence or
9     conduct of the podiatric physician.
10         (3) Every insurance company that offers policies of
11     professional liability insurance to persons licensed under
12     this Act, or any other entity that seeks to indemnify the
13     professional liability of a podiatric physician licensed
14     under this Act, shall report to the Board the settlement of
15     any claim or cause of action, or final judgment rendered in
16     any cause of action that alleged negligence in the
17     furnishing of medical care by such licensed person when
18     such settlement or final judgement is in favor of the
19     plaintiff.
20         (4) The State's Attorney of each county shall report to
21     the Board all instances in which a person licensed under
22     this Act is convicted or otherwise found guilty of the
23     commission of any felony.
24         (5) All agencies, boards, commissions, departments, or
25     other instrumentalities of the government of the State of
26     Illinois shall report to the Board any instance arising in



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1     connection with the operations of such agency, including
2     the administration of any law by such agency, in which a
3     podiatric physician licensed under this Act has either
4     committed an act or acts that may be a violation of this
5     Act or that may constitute unprofessional conduct related
6     directly to patient care or that indicates that a podiatric
7     physician licensed under this Act may be mentally or
8     physically disabled in such a manner as to endanger
9     patients under that physician's care.
10     (B) All reports required by this Act shall be submitted to
11 the Board in a timely fashion. The reports shall be filed in
12 writing within 60 days after a determination that a report is
13 required under this Act. All reports shall contain the
14 following information:
15         (1) The name, address and telephone number of the
16     person making the report.
17         (2) The name, address and telephone number of the
18     podiatric physician who is the subject of the report.
19         (3) The name or other means of identification of any
20     patient or patients whose treatment is a subject of the
21     report, provided, however, no medical records may be
22     revealed without the written consent of the patient or
23     patients.
24         (4) A brief description of the facts that gave rise to
25     the issuance of the report, including the dates of any
26     occurrences deemed to necessitate the filing of the report.



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1         (5) If court action is involved, the identity of the
2     court in which the action is filed, along with the docket
3     number and date of filing of the action.
4         (6) Any further pertinent information that the
5     reporting party deems to be an aid in the evaluation of the
6     report.
7     Nothing contained in this Section shall waive or modify the
8 confidentiality of medical reports and committee reports to the
9 extent provided by law. Any information reported or disclosed
10 shall be kept for the confidential use of the Board, the
11 Board's attorneys, the investigative staff and other
12 authorized Department staff, as provided in this Act, and shall
13 be afforded the same status as is provided information
14 concerning medical studies in Part 21 of Article VIII of the
15 Code of Civil Procedure.
16     (C) Any individual or organization acting in good faith,
17 and not in a willful and wanton manner, in complying with this
18 Act by providing any report or other information to the Board,
19 or assisting in the investigation or preparation of such
20 information, or by participating in proceedings of the Board,
21 or by serving as a member of the Board, shall not, as a result
22 of such actions, be subject to criminal prosecution or civil
23 damages.
24     (D) Members of the Board, the Board's attorneys, the
25 investigative staff, other podiatric physicians retained under
26 contract to assist and advise in the investigation, and other



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1 authorized Department staff shall be indemnified by the State
2 for any actions occurring within the scope of services on the
3 Board, done in good faith and not willful and wanton in nature.
4 The Attorney General shall defend all such actions unless he or
5 she determines either that he or she would have a conflict of
6 interest in such representation or that the actions complained
7 of were not in good faith or were willful and wanton.
8     Should the Attorney General decline representation, the
9 member shall have the right to employ counsel of his or her
10 choice, whose fees shall be provided by the State, after
11 approval by the Attorney General, unless there is a
12 determination by a court that the member's actions were not in
13 good faith or were wilful and wanton. The member must notify
14 the Attorney General within 7 days of receipt of notice of the
15 initiation of any action involving services of the Board.
16 Failure to so notify the Attorney General shall constitute an
17 absolute waiver of the right to a defense and indemnification.
18 The Attorney General shall determine within 7 days after
19 receiving such notice, whether he or she will undertake to
20 represent the member.
21     (E) Upon the receipt of any report called for by this Act,
22 other than those reports of impaired persons licensed under
23 this Act required pursuant to the rules of the Board, the Board
24 shall notify in writing, by certified mail, the podiatric
25 physician who is the subject of the report. Such notification
26 shall be made within 30 days of receipt by the Board of the



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1 report.
2     The notification shall include a written notice setting
3 forth the podiatric physician's right to examine the report.
4 Included in such notification shall be the address at which the
5 file is maintained, the name of the custodian of the reports,
6 and the telephone number at which the custodian may be reached.
7 The podiatric physician who is the subject of the report shall
8 be permitted to submit a written statement responding,
9 clarifying, adding to, or proposing the amending of the report
10 previously filed. The statement shall become a permanent part
11 of the file and must be received by the Board no more than 30
12 days after the date on which the podiatric physician was
13 notified of the existence of the original report.
14     The Board shall review all reports received by it, together
15 with any supporting information and responding statements
16 submitted by persons who are the subject of reports. The review
17 by the Board shall be in a timely manner but in no event shall
18 the Board's initial review of the material contained in each
19 disciplinary file be less than 61 days nor more than 180 days
20 after the receipt of the initial report by the Board.
21     When the Board makes its initial review of the materials
22 contained within its disciplinary files the Board shall, in
23 writing, make a determination as to whether there are
24 sufficient facts to warrant further investigation or action.
25 Failure to make such determination within the time provided
26 shall be deemed to be a determination that there are not



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1 sufficient facts to warrant further investigation or action.
2     Should the Board find that there are not sufficient facts
3 to warrant further investigation, or action, the report shall
4 be accepted for filing and the matter shall be deemed closed
5 and so reported.
6     The individual or entity filing the original report or
7 complaint and the podiatric physician who is the subject of the
8 report or complaint shall be notified in writing by the Board
9 of any final action on their report or complaint.
10     (F) The Board shall prepare on a timely basis, but in no
11 event less than once every other month, a summary report of
12 final disciplinary actions taken upon disciplinary files
13 maintained by the Board. The summary reports shall be made
14 available on the Department's web site sent by the Board to
15 such institutions, associations and individuals as the
16 Director may determine.
17     (G) Any violation of this Section shall be a Class A
18 misdemeanor.
19     (H) If any such podiatric physician violates the provisions
20 of this Section, an action may be brought in the name of the
21 People of the State of Illinois, through the Attorney General
22 of the State of Illinois, for an order enjoining such violation
23 or for an order enforcing compliance with this Section. Upon
24 filing of a verified petition in such court, the court may
25 issue a temporary restraining order without notice or bond and
26 may preliminarily or permanently enjoin such violation, and if



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1 it is established that such podiatric physician has violated or
2 is violating the injunction, the Court may punish the offender
3 for contempt of court. Proceedings under this paragraph shall
4 be in addition to, and not in lieu of, all other remedies and
5 penalties provided for by this Section.
6 (Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
7     (225 ILCS 100/27)  (from Ch. 111, par. 4827)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 27. Investigations; notice and hearing. The
10 Department may investigate the actions of any applicant or of
11 any person or persons holding or claiming to hold a license.
12 The Department shall, before suspending, revoking, placing on
13 probationary status or taking any other disciplinary action as
14 the Department may deem proper with regard to any licensee, at
15 least 30 days prior to the date set for the hearing, notify the
16 accused in writing of any charges made and the time and place
17 for a hearing of the charges before the Board, direct him or
18 her to file his or her written answer thereto to the Board
19 under oath within 20 days after the service on him or her of
20 such notice and inform her or him that if he or she fails to
21 file such answer default will be taken against him or her and
22 his or her license may be revoked, suspended, placed on
23 probationary status, or subject to other disciplinary action,
24 including limiting the scope, nature, or extent of his or her
25 practice as the Department may deem proper.



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1     In case the accused person, after receiving notice fails to
2 file an answer, his or her license may, in the discretion of
3 the Secretary Director having received the recommendation of
4 the Board, be suspended, revoked, or placed on probationary
5 status or the Secretary Director may take whatever disciplinary
6 action as he or she may deem proper including limiting the
7 scope, nature, or extent of the accused person's practice
8 without a hearing if the act or acts charged constitute
9 sufficient grounds for such action under this Act.
10     Such written notice may be served by personal delivery or
11 certified or registered mail to the respondent at the address
12 on record with of his or her last notification to the
13 Department. At the time and placed fixed in the notice, the
14 Board shall proceed to hear the charges and the parties or
15 their counsel shall be accorded ample opportunity to present
16 such statements, testimony, evidence and argument as may be
17 pertinent to the charges or to the defense thereto. The Board
18 may continue such hearing from time to time.
19 (Source: P.A. 90-76, eff. 12-30-97.)
20     (225 ILCS 100/30)  (from Ch. 111, par. 4830)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 30. Witness; subpoenas. The Department shall have the
23 power to subpoena and bring before it any person in this State
24 and to take testimony, either orally or by deposition, or both,
25 with the same fees and mileage and in the same manner as



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1 prescribed by law in judicial proceedings in civil cases in
2 circuit courts of this State.
3     The Secretary Director, and any member of the Board, shall
4 each have the power to administer oaths to witnesses at any
5 hearing that the Department is authorized to conduct under this
6 Act, and any other oaths required or authorized to be
7 administered by the Department hereunder.
8 (Source: P.A. 90-76, eff. 12-30-97.)
9     (225 ILCS 100/31)  (from Ch. 111, par. 4831)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 31. Notice of hearing - Findings and recommendations.
12 At the conclusion of the hearing the Board shall present to the
13 Secretary Director a written report of its findings of fact,
14 conclusions of law, and recommendations. The report shall
15 contain a finding whether or not the accused person violated
16 this Act or failed to comply with the conditions required in
17 this Act. The Board shall specify the nature of the violation
18 or failure to comply, and shall make its recommendations to the
19 Secretary Director.
20     The report of findings of fact, conclusions of law and
21 recommendations of the Board shall be the basis for the
22 Department's order or refusal or for the granting of a license.
23 If the Secretary Director disagrees in any regard with the
24 report of the Board, the Secretary Director may issue an order
25 in contravention thereof. The Secretary Director shall provide



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1 a written report to the Board on any deviation, and shall
2 specify with particularity the reasons for such action in the
3 final order. The finding is not admissible in evidence against
4 the person in a criminal prosecution brought for the violation
5 of this Act, but the hearing and finding are not a bar to a
6 criminal prosecution brought for the violation of this Act.
7 (Source: P.A. 85-918.)
8     (225 ILCS 100/32)  (from Ch. 111, par. 4832)
9     (Section scheduled to be repealed on January 1, 2008)
10     Sec. 32. Board - Rehearing. In any case involving the
11 refusal to issue, renew or discipline of a license, a copy of
12 the Board's report shall be served upon the respondent by the
13 Department, either personally or as provided in this Act for
14 the service of the notice of hearing. Within 20 days after such
15 service, the respondent may present to the Department a motion
16 in writing for a rehearing, which motion shall specify the
17 particular grounds therefor.
18     If no motion for rehearing is filed, then upon the
19 expiration of the time specified for filing such a motion, or
20 if a motion for rehearing is denied, then upon such denial the
21 Secretary Director may enter an order in accordance with
22 recommendations of the Board except as provided in Section 31
23 of this Act. If the respondent shall order from the reporting
24 service, and pay for a transcript of the record within the time
25 for filing a motion for rehearing, the 20 day period within



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1 which such a motion may be filed shall commence upon the
2 delivery of the transcript to the respondent.
3 (Source: P.A. 85-918.)
4     (225 ILCS 100/33)  (from Ch. 111, par. 4833)
5     (Section scheduled to be repealed on January 1, 2008)
6     Sec. 33. Secretary Director - Rehearing. Whenever the
7 Secretary Director is satisfied that substantial justice has
8 not been done in the revocation, suspension or refusal to issue
9 or renew a license, the Secretary Director may order a
10 rehearing by the same or another hearing officer or Board.
11 (Source: P.A. 85-918.)
12     (225 ILCS 100/34)  (from Ch. 111, par. 4834)
13     (Section scheduled to be repealed on January 1, 2008)
14     Sec. 34. Appointment of a hearing officer. Notwithstanding
15 the provisions of Section 32 of this Act, the Secretary
16 Director shall have the authority to appoint any attorney duly
17 licensed to practice law in the State of Illinois to serve as
18 the hearing officer in any action for refusal to issue, renew
19 or discipline of a license.
20     The Secretary Director shall notify the Board of any such
21 appointment. The hearing officer shall have full authority to
22 conduct the hearing. The hearing officer shall report his or
23 her findings of fact, conclusions of law and recommendations to
24 the Board and the Secretary Director. The Board shall have 60



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1 days from receipt of the report to review the report of the
2 hearing officer and present their findings of fact, conclusions
3 of law and recommendations to the Board and the Secretary
4 Director. The Board shall have 60 days after receipt of the
5 report to review the report of the hearing officer and present
6 its findings of fact, conclusions of law, and recommendations
7 to the Director. If the Board fails to present its report
8 within the 60 day period, the Secretary Director may issue an
9 order based on the report of the hearing officer. If the
10 Secretary Director disagrees in any regard with the report of
11 the Board or hearing officer, he or she may issue an order in
12 contravention thereof. The Secretary Director shall provide an
13 a written explanation to the Board on any such deviation, and
14 shall specify with particularity the reasons for such action in
15 the final order.
16 (Source: P.A. 90-76, eff. 12-30-97.)
17     (225 ILCS 100/35)  (from Ch. 111, par. 4835)
18     (Section scheduled to be repealed on January 1, 2008)
19     Sec. 35. Order or certified copy; prima facie proof. An
20 order or a certified copy thereof, over the seal of the
21 Department and purporting to be signed by the Secretary
22 Director, shall be prima facie proof that:
23         (a) the signature is the genuine signature of the
24     Secretary Director;
25         (b) the Secretary Director is duly appointed and



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1     qualified; and
2         (c) the Board and the members thereof are qualified to
3     act.
4 (Source: P.A. 91-357, eff. 7-29-99.)
5     (225 ILCS 100/38)  (from Ch. 111, par. 4838)
6     (Section scheduled to be repealed on January 1, 2008)
7     Sec. 38. Temporary suspension of a license. The Secretary
8 Director may temporarily suspend the license of a podiatric
9 physician without a hearing, simultaneously with the
10 institution of proceedings for a hearing provided for in
11 Section 27 of this Act, if the Secretary Director finds that
12 evidence in his or her possession indicates that a podiatric
13 physician's continuation in practice would constitute an
14 imminent danger to the public. In the event that the Secretary
15 Director suspends, temporarily, this license of a podiatric
16 physician without a hearing, a hearing by the Board must be
17 held within 30 days after such suspension has occurred and
18 shall be concluded without appreciable delay.
19 (Source: P.A. 90-76, eff. 12-30-97.)
20     (225 ILCS 100/41)  (from Ch. 111, par. 4841)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 41. Violations. Any person who is found to have
23 violated any provisions of this Act is guilty of a Class A
24 misdemeanor. All criminal fines, monies, or other property



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1 collected or received by the Department under this Section or
2 any other State or federal statute, including, but not limited
3 to, property forfeited to the Department under Section 505 of
4 The Illinois Controlled Substances Act or Section 85 of the
5 Methamphetamine Control and Community Protection Act, shall be
6 deposited into the Professional Regulation Evidence Fund.
7     The Board, with the advice of the Secretary Director and
8 attorneys for the Department, may establish by rule a schedule
9 of fines payable by those who have violated any provisions of
10 this Act.
11     Fines assessed and collected for violations of this Act
12 shall be deposited in the Illinois State Podiatric Medical
13 Disciplinary Fund.
14 (Source: P.A. 94-556, eff. 9-11-05.)
15     (225 ILCS 100/13 rep.)
16     Section 15. The Podiatric Medical Practice Act of 1987 is
17 amended by repealing Section 13.".