Public Act 095-0235
 
HB0126 Enrolled LRB095 03944 RAS 23977 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.18 and by adding Section 4.28 as follows:
 
    (5 ILCS 80/4.18)
    Sec. 4.18. Acts repealed January 1, 2008. The following
Acts are repealed on January 1, 2008:
    The Acupuncture Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Nursing and Advanced Practice Nursing Act.
    The Illinois Petroleum Education and Marketing Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Marriage and Family Therapy Licensing Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Pharmacy Practice Act of 1987.
    The Physician Assistant Practice Act of 1987.
    The Podiatric Medical Practice Act of 1987.
    The Structural Pest Control Act.
(Source: P.A. 94-754, eff. 5-10-06.)
 
    (5 ILCS 80/4.28 new)
    Sec. 4.28. Act repealed on January 1, 2018. The following
Act is repealed on January 1, 2018:
    The Podiatric Medical Practice Act of 1987.
 
    Section 10. The Podiatric Medical Practice Act of 1987 is
amended by changing Sections 3, 5, 6, 7, 10, 11.5, 12, 14, 18,
21, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 38, and 41 as
follows:
 
    (225 ILCS 100/3)  (from Ch. 111, par. 4803)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 3. Exceptions. This Act does not prohibit:
        (A) Any person licensed to practice medicine and
    surgery in all of its branches in this State under the
    Medical Practice Act of 1987 from engaging in the practice
    for which he or she is licensed.
        (B) The practice of podiatric medicine by a person who
    is employed by the United States government or any bureau,
    division or agency thereof while in the discharge of the
    employee's official duties.
        (C) The practice of podiatric medicine that is included
    in their program of study by students enrolled in any
    approved college of podiatric medicine or in refresher
    courses approved by the Department.
        (D) The practice of podiatric medicine by one who has
    applied in writing to the Department, in form and substance
    satisfactory to the Department, for a license as a
    podiatric physician and has complied with all the
    provisions under Section 10 9 of this Act, except the
    passing of an examination to be eligible to receive such
    license, until the decision of the Department that the
    applicant has failed to pass the next available examination
    authorized by the Department or has failed to take the next
    available examination authorized by the Department, or the
    withdrawal of the application.
        (E) The practice of podiatric medicine by one who is a
    podiatric physician under the laws of another state,
    territory of the United States or country as described in
    Section 18 of this Act, and has applied in writing to the
    Department, in form and substance satisfactory to the
    Department, for a license as a podiatric physician and who
    is qualified to receive such license under Section 13 or
    Section 9, until:
            (1) the expiration of 6 months after the filing of
        such written application,
            (2) the withdrawal of such application, or
            (3) the denial of such application by the
        Department.
        (F) The provision of emergency care without fee by a
    podiatric physician assisting in an emergency as provided
    in Section 4.
    An applicant for a license to practice podiatric medicine,
practicing under the exceptions set forth in paragraphs (D) or
(E), may use the title podiatric physician, podiatrist, doctor
of podiatric medicine, or chiropodist as set forth in Section 5
of this Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/5)  (from Ch. 111, par. 4805)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 5. Definitions. As used in this Act:
    (A) "Department" means the Department of Financial and
Professional Regulation.
    (B) "Secretary" "Director" means the Secretary Director of
Financial and Professional Regulation.
    (C) "Board" means the Podiatric Medical Licensing Board
appointed by the Secretary Director.
    (D) "Podiatric medicine" or"podiatry" means the diagnosis,
medical, physical, or surgical treatment of the ailments of the
human foot, including amputations; provided that amputations
of the human foot are limited to 10 centimeters proximal to the
tibial talar articulation. "Podiatric medicine" or "podiatry"
includes the provision of topical and local anesthesia and
moderate and deep sedation, as defined by Department rule
adopted under the Medical Practice Act of 1987 with the
exception of administration of general anesthetics and the
amputation of the human foot. For the purposes of this Act, the
terms podiatric medicine, podiatry and chiropody have the same
definition.
    (E) "Human foot" means the ankle and soft tissue which
insert into the foot as well as the foot.
    (F) "Podiatric physician" means a physician licensed to
practice podiatric medicine.
    (G) "Postgraduate training" means a minimum one year
postdoctoral structured and supervised educational experience
approved by the Council on Podiatric Medical Education of the
American Podiatric Medical Association which includes
residencies and preceptorships.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/6)  (from Ch. 111, par. 4806)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 6. Powers and duties of the Department. The Department
shall exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for the administration of
licensing acts and shall exercise such other powers and duties
conferred by this Act.
    The Secretary Director may promulgate rules consistent
with the provisions of this Act, for the administration and
enforcement thereof and may prescribe forms that shall be
issued in connection therewith.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/7)  (from Ch. 111, par. 4807)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 7. Creation of the Board. The Secretary Director shall
appoint a Podiatric Medical Licensing Board as follows: 5
members must be actively engaged in the practice of podiatric
medicine in this State for a minimum of 3 years and one member
must be a member of the general public who is not licensed
under this Act or a similar Act of another jurisdiction.
    Members shall serve 3 year terms and serve until their
successors are appointed and qualified. No member shall be
reappointed to the Board for a term that would cause his or her
continuous service on the Board to be longer than 8 successive
years.
    A majority of Board members currently appointed shall
constitute a quorum. A vacancy in the membership of the Board
shall not impair the right of a quorum to exercise the rights
and perform all of the duties of the Board.
    In making appointments to the Board the Secretary Director
shall give due consideration to recommendations by the Illinois
Podiatric Medical Association and shall promptly give due
notice to the Illinois Podiatric Medical Association of any
vacancy in the membership of the Board.
    Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term.
    The Board shall annually elect a chairperson and
vice-chairperson.
    The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
    Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
    The members of the Board may shall each receive as
compensation a reasonable sum as determined by the Secretary
Director for each day actually engaged in the duties of the
office, and all legitimate and necessary expenses incurred in
attending the meetings of the Board.
    The Secretary Director may terminate the appointment of any
member for cause that in the opinion of the Secretary Director
reasonably justifies such termination.
    The Secretary Director shall consider the recommendations
of the Board on questions involving standards of professional
conduct, discipline, and qualifications of candidates and
licensees under this Act.
    Notice of proposed rulemaking shall be transmitted to the
Board and the Department shall review the response of the Board
and any recommendations made in the response. The Department
may, at any time, seek the expert advice and knowledge of the
Board on any matter relating to the administration or
enforcement of this Act.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/10)  (from Ch. 111, par. 4810)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 10. Qualifications for licensure. A person shall be
qualified for licensure as a podiatric physician:
        (A) who has applied for licensure on forms prepared and
    furnished by the Department;
        (B) who is at least 21 years of age;
        (C) who has not engaged in or is not engaged in any
    practice or conduct that constitutes grounds for
    discipline under this Act, including without limitation
    grounds set forth in Section 24 of this Act, or rules
    adopted under this Act is of good moral character. In
    determining moral character under this Section, the
    Department may take into consideration any felony
    conviction of the applicant, but such a conviction shall
    not operate as a bar to licensure;
        (D) who is a graduate of an approved college of
    podiatric medicine and has attained the academic degree of
    doctor of podiatric medicine (D.P.M.);
        (E) who has successfully completed an examination
    authorized by the Department; and
        (F) who has successfully completed a minimum of one
    year postgraduate training as defined in Section 5 of this
    Act. The postgraduate training requirement shall be
    effective July 1, 1992.
(Source: P.A. 89-387, eff. 8-20-95; 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/11.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 11.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice podiatry without
being licensed under this Act shall, in addition to any other
penalty provided by law, pay a civil penalty to the Department
in an amount not to exceed $10,000 $5,000 for each offense as
determined by the Department. The civil penalty shall be
assessed by the Department after a hearing is held in
accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to
investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
 
    (225 ILCS 100/12)  (from Ch. 111, par. 4812)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 12. Temporary license; qualifications and terms.
    (A) Podiatric physicians otherwise qualified for
licensure, with the exception of completion of one year of
postgraduate training and the exception of the successful
completion of the written practical examination required under
Section 10, may be granted a one year temporary license to
practice podiatric medicine provided that the applicant can
demonstrate that he or she has been accepted and is enrolled in
a recognized postgraduate training program during the period
for which the temporary license is sought. Such temporary
licenses shall be valid for one year from the date of issuance
for the practice site issued and may be renewed once. In
addition, an applicant may request a one-year extension
pursuant to the rules of the Department. Such applicants shall
apply in writing on those forms prescribed by the Department
and shall submit with the application the required application
fee. Other examination fees that may be required under Section
8 must also be paid by temporary licensees.
    (B) Application for visiting professor permits shall be
made to the Department in writing on forms prescribed by the
Department and be accompanied by the required fee. Requirements
for a visiting professor permit issued under this Section shall
be determined by the Department by rule. Visiting professor
permits shall be valid for one year from the date of issuance
or until such time as the faculty appointment is terminated,
whichever occurs first, and may be renewed once.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/14)  (from Ch. 111, par. 4814)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 14. Continuing education requirement. Podiatric
physicians licensed to practice in Illinois shall, as a
requirement for renewal of license, complete continuing
education at the rate of at least 50 25 hours per year. Such
hours shall be earned (1) from courses offered by sponsors
validated by the Illinois Podiatric Medical Association
Continuing Education Committee and approved by the Podiatric
Medical Licensing Board; or (2) by continuing education
activities as defined in the rules of the Department. Podiatric
physicians shall, at the request of the Department, provide
proof of having met the requirements of continuing education
under this Section. The Department shall by rule provide an
orderly process for the reinstatement of licenses which have
not been renewed due to the licensee's failure to meet
requirements of this Section. The requirements of continuing
education may be waived by the Secretary Director, upon
recommendation by the Board, in whole or in part for such good
cause, including but not limited to illness or hardship, as
defined by the rules of the Department.
    The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be accomplished
through audits of records maintained by registrants; by
requiring the filing of continuing education certificates with
the Department; or by other means established by the
Department.
(Source: P.A. 92-750, eff. 1-1-03.)
 
    (225 ILCS 100/18)  (from Ch. 111, par. 4818)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 18. Fees.
    (a) The following fees are not refundable.
        (1) The fee for a certificate of licensure is $400. The
    fee for a temporary permit or Visiting Professor permit
    under Section 12 of this Act is $250.
        (2) In addition, applicants for any examination shall
    be required to pay, either to the Department or to the
    designated testing service, a fee covering the cost of
    providing the examination. Failure to appear for the
    examination on the scheduled date, at the time and place
    specified, after the applicant's application for
    examination has been received and acknowledged by the
    Department or the designated testing service, shall result
    in the forfeiture of the examination fee.
        (3) The fee for the renewal of a certificate of
    licensure shall be calculated at the rate of $200 per year.
    The fee for the renewal of a temporary permit or Visiting
    Professor permit shall be calculated at the rate of $125
    per year.
        (4) The fee for the restoration of a certificate of
    licensure other than from inactive status is $100 plus
    payment of all lapsed renewal fees, but not to exceed $910.
        (5) The fee for the issuance of a duplicate certificate
    of licensure, for the issuance of a replacement certificate
    for a certificate which has been lost or destroyed or for
    the issuance of a certificate with a change of name or
    address other than during the renewal period is $20. No fee
    is required for name and address changes on Department
    records when no duplicate certificate is issued.
        (6) The fee for a certification of a licensee's record
    for any purpose is $20.
        (7) The fee to have the scoring of an examination
    administered by the Department reviewed and verified is $20
    plus any fees charged by the applicable testing service.
        (8) The fee for a wall certificate showing licensure
    shall be the actual cost of producing such certificates.
        (9) The fee for a roster of persons licensed as
    podiatric physicians in this State shall be the actual cost
    of producing such a roster.
        (10) The annual fee for continuing education sponsors
    is $1,000, however colleges, universities and State
    agencies shall be exempt from payment of this fee.
    (b) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license, he or she shall apply to the Department for
restoration or issuance of the license and pay all fees and
fines due to the Department. The Department may establish a fee
for the processing of an application for restoration of a
license to pay all expenses of processing this application. The
Secretary Director may waive the fines due under this Section
in individual cases where the Secretary Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
 
    (225 ILCS 100/21)  (from Ch. 111, par. 4821)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 21. Advertising.
    (A) Any podiatric physician may advertise the availability
of podiatric medical services in the public media or on the
premises where such services are rendered. Such advertising
shall be limited to the following information:
        (a) the podiatric medical services available;
        (b) publication of the podiatric physician's name,
    title, office hours, address and telephone;
        (c) information pertaining to areas of practice
    specialization, including appropriate board certification
    as approved by the Board in accordance with the rules for
    the administration of this Act or limitation of
    professional practice;
        (d) information on usual and customary fees for routine
    podiatric medical services offered, which information
    shall include notification that fees may be adjusted due to
    complications or unforeseen circumstances;
        (e) announcement of the opening of, change of, absence
    from, or return to business;
        (f) announcement of additions to or deletions from
    professional podiatric staff;
        (g) the issuance of business or appointment cards;
        (h) other information about the podiatric physician,
    podiatric practice or the types of podiatric services that
    the podiatric physician offers to perform that a reasonable
    person might regard as relevant in determining whether to
    seek the podiatric physician's services.
    (B) It is unlawful for any podiatric physician licensed
under this Act:
        (1) to use testimonials or claims of superior quality
    of care to entice the public;
        (2) to advertise in any way to practice podiatric
    medicine without causing pain or deformity; or
        (3) to advertise or offer gifts as an inducement to
    secure patient patronage. Podiatric physicians may
    advertise or offer free examinations or free podiatric
    medical services; it shall be unlawful, however, for any
    podiatric physician to charge a fee to any patient or any
    third party payor for any podiatric medical service
    provided at the time that such free examination or free
    podiatric medical services are provided.
    (C) This Act does not authorize the advertising of
podiatric medical services when the offeror of such services is
not a podiatric physician. Nor shall the podiatric physician
use statements that contain false, fraudulent, deceptive or
misleading material or guarantees of success, statements that
play upon the vanity or fears of the public, or statements that
promote or produce unfair competition.
    (D) A licensee shall include in every advertisement for
services regulated under this Act his or her title as provided
by rule or the initials authorized under this Act.
(Source: P.A. 90-76, eff. 12-30-97; 91-310, eff. 1-1-00.)
 
    (225 ILCS 100/24)  (from Ch. 111, par. 4824)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 24. Grounds for disciplinary action. Refusal to issue
or suspension or revocation of license; grounds. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 $5,000 for each violation
upon anyone licensed under this Act for any of the following
reasons:
    (1) Making a material misstatement in furnishing
information to the Department.
    (2) Violations of this Act, or of the rules or regulations
promulgated hereunder.
    (3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of the
any United States or any state or territory of the United
States jurisdiction that is a felony or a misdemeanor, of which
an essential element is dishonesty, or of any crime that is
directly related to the practice of the profession.
    (4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act or
the rules promulgated thereunder pertaining to advertising.
    (5) Professional incompetence.
    (6) Gross or repeated malpractice or negligence.
    (7) Aiding or assisting another person in violating any
provision of this Act or rules.
    (8) Failing, within 30 60 days, to provide information in
response to a written request made by the Department.
    (9) Engaging in dishonorable, unethical or unprofessional
conduct of a character likely to deceive, defraud or harm the
public.
    (10) Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug that results in the
inability to practice podiatric medicine with reasonable
judgment, skill or safety.
    (11) Discipline by another United States jurisdiction if at
least one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this Section.
    (12) Directly or indirectly giving to or receiving from any
person, firm, corporation, partnership or association any fee,
commission, rebate or other form of compensation for any
professional services not actually or personally rendered.
This shall not be deemed to include rent or other remunerations
paid to an individual, partnership, or corporation, by a
licensee, for the lease, rental or use of space, owned or
controlled, by the individual, partnership or corporation.
    (13) A finding by the Podiatric Medical Licensing Board
that the licensee, after having his or her license placed on
probationary status, has violated the terms of probation.
    (14) Abandonment of a patient.
    (15) Willfully making or filing false records or reports in
his or her practice, including but not limited to false records
filed with state agencies or departments.
    (16) Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and Neglected
Child Report Act.
    (17) Physical illness, mental illness, or other
impairment, including but not limited to, deterioration
through the aging process, or loss of motor skill that results
in the inability to practice the profession with reasonable
judgment, skill or safety.
    (18) Solicitation of professional services other than
permitted advertising.
    (19) The determination by a circuit court that a licensed
podiatric physician is subject to involuntary admission or
judicial admission as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. Such suspension will end only upon a finding by a
court that the patient is no longer subject to involuntary
admission or judicial admission and issues an order so finding
and discharging the patient; and upon the recommendation of the
Podiatric Medical Licensing Board to the Secretary Director
that the licensee be allowed to resume his or her practice.
    (20) Holding oneself out to treat human ailments under any
name other than his or her own, or the impersonation of any
other physician.
    (21) Revocation or suspension or other action taken with
respect to a podiatric medical license in another jurisdiction
that would constitute disciplinary action under this Act.
    (22) Promotion of the sale of drugs, devices, appliances or
goods provided for a patient in such manner as to exploit the
patient for financial gain of the podiatric physician.
    (23) Gross, willful, and continued overcharging for
professional services including filing false statements for
collection of fees for those services, including, but not
limited to, filing false statement for collection of monies for
services not rendered from the medical assistance program of
the Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid Code or
other private or public third party payor.
    (24) Being named as a perpetrator in an indicated report by
the Department of Children and Family Services under the Abused
and Neglected Child Reporting Act, and upon proof by clear and
convincing evidence that the licensee has caused a child to be
an abused child or neglected child as defined in the Abused and
Neglected Child Reporting Act.
    (25) Willfully making or filing false records or reports in
the practice of podiatric medicine, including, but not limited
to, false records to support claims against the medical
assistance program of the Department of Healthcare and Family
Services (formerly Department of Public Aid) under the Illinois
Public Aid Code.
    (26) (Blank). Mental illness or disability that results in
the inability to practice with reasonable judgment, skill or
safety.
    (27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
    (28) Violation of the Health Care Worker Self-Referral Act.
    (29) Failure to report to the Department any adverse final
action taken against him or her by another licensing
jurisdiction (another state or a territory of the United States
or a foreign state or country) by a peer review body, by any
health care institution, by a professional society or
association related to practice under this Act, by a
governmental agency, by a law enforcement agency, or by a court
for acts or conduct similar to acts or conduct that would
constitute grounds for action as defined in this Section.
    The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
    Upon receipt of a written communication from the Secretary
of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary Director may immediately suspend the
license of such person without a hearing. In instances in which
the Secretary Director immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 15 days after such suspension and
completed without appreciable delay, such hearing held to
determine whether to recommend to the Secretary Director that
the person's license be revoked, suspended, placed on
probationary status or reinstated, or such person be subject to
other disciplinary action. In such hearing, the written
communication and any other evidence submitted therewith may be
introduced as evidence against such person; provided, however,
the person or his counsel shall have the opportunity to
discredit or impeach such evidence and submit evidence
rebutting the same.
    Except for fraud in procuring a license, all All
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 3 years after receipt by
the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described in
this Section. Except for the grounds set forth in items (8),
(9), (26), and (29) of this Section fraud in procuring a
license, no action shall be commenced more than 10 5 years
after the date of the incident or act alleged to have been a
violation of this Section. In the event of the settlement of
any claim or cause of action in favor of the claimant or the
reduction to final judgment of any civil action in favor of the
plaintiff, such claim, cause of action, or civil action being
grounded on the allegation that a person licensed under this
Act was negligent in providing care, the Department shall have
an additional period of 2 years one year from the date of
notification to the Department under Section 26 of this Act of
such settlement or final judgment in which to investigate and
commence formal disciplinary proceedings under Section 24 of
this Act, except as otherwise provided by law. The time during
which the holder of the license was outside the State of
Illinois shall not be included within any period of time
limiting the commencement of disciplinary action by the
Department.
    In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary Director for a determination as to whether the
individual shall have his or her license suspended immediately,
pending a hearing by the Department.
    In instances in which the Secretary Director immediately
suspends a person's license under this Section, a hearing on
that person's license must be convened by the Department within
30 15 days after the suspension and completed without
appreciable delay. The Department and Board shall have the
authority to review the subject individual's record of
treatment and counseling regarding the impairment to the extent
permitted by applicable federal statutes and regulations
safeguarding the confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 89-507, eff. 7-1-97; 90-76, eff. 12-30-97;
revised 12-15-05.)
 
    (225 ILCS 100/25)  (from Ch. 111, par. 4825)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 25. Violations - Injunction - Cease and desist order.
    A. If any person violates the provision of this Act, the
Secretary Director may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition, for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
    B. If any person shall practice as a podiatric physician or
hold himself out as a podiatric physician without being
licensed under the provisions of this Act then any licensed
podiatric physician, any interested party or any person injured
thereby may, in addition to the Secretary Director, petition
for relief as provided in subsection A of this Section.
    C. Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 85-918.)
 
    (225 ILCS 100/26)  (from Ch. 111, par. 4826)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 26. Reports relating to professional conduct and
capacity.
    (A) The Board shall by rule provide for the reporting to it
of all instances in which a podiatric physician licensed under
this Act who is impaired by reason of age, drug or alcohol
abuse or physical or mental impairment, is under supervision
and, where appropriate, is in a program of rehabilitation.
Reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board, or by authorized
staff of the Department as provided by the rules of the Board.
Provisions shall be made for the periodic report of the status
of any such podiatric physician not less than twice annually in
order that the Board shall have current information upon which
to determine the status of any such podiatric physician. Such
initial and periodic reports of impaired physicians shall not
be considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by the
Board that such reports are no longer required, in a manner and
at such time as the Board shall determine by rule. The filing
of such reports shall be construed as the filing of a report
for the purposes of subsection (C) of this Section. Failure to
file a report under this Section shall be a Class A
misdemeanor.
    (A-5) The following persons and entities shall report to
the Department or the Board in the instances and under the
conditions set forth in this subsection (A-5):
        (1) Any administrator or officer of any hospital,
    nursing home or other health care agency or facility who
    has knowledge of any action or condition which reasonably
    indicates to him or her that a licensed podiatric physician
    practicing in such hospital, nursing home or other health
    care agency or facility is habitually intoxicated or
    addicted to the use of habit forming drugs, or is otherwise
    impaired, to the extent that such intoxication, addiction,
    or impairment adversely affects such podiatric physician's
    professional performance, or has knowledge that reasonably
    indicates to him or her that any podiatric physician
    unlawfully possesses, uses, distributes or converts
    habit-forming drugs belonging to the hospital, nursing
    home or other health care agency or facility for such
    podiatric physician's own use or benefit, shall promptly
    file a written report thereof to the Department. The report
    shall include the name of the podiatric physician, the name
    of the patient or patients involved, if any, a brief
    summary of the action, condition or occurrence that has
    necessitated the report, and any other information as the
    Department may deem necessary. The Department shall
    provide forms on which such reports shall be filed.
        (2) The president or chief executive officer of any
    association or society of podiatric physicians licensed
    under this Act, operating within this State shall report to
    the Board when the association or society renders a final
    determination relating to the professional competence or
    conduct of the podiatric physician.
        (3) Every insurance company that offers policies of
    professional liability insurance to persons licensed under
    this Act, or any other entity that seeks to indemnify the
    professional liability of a podiatric physician licensed
    under this Act, shall report to the Board the settlement of
    any claim or cause of action, or final judgment rendered in
    any cause of action that alleged negligence in the
    furnishing of medical care by such licensed person when
    such settlement or final judgement is in favor of the
    plaintiff.
        (4) The State's Attorney of each county shall report to
    the Board all instances in which a person licensed under
    this Act is convicted or otherwise found guilty of the
    commission of any felony.
        (5) All agencies, boards, commissions, departments, or
    other instrumentalities of the government of the State of
    Illinois shall report to the Board any instance arising in
    connection with the operations of such agency, including
    the administration of any law by such agency, in which a
    podiatric physician licensed under this Act has either
    committed an act or acts that may be a violation of this
    Act or that may constitute unprofessional conduct related
    directly to patient care or that indicates that a podiatric
    physician licensed under this Act may be mentally or
    physically disabled in such a manner as to endanger
    patients under that physician's care.
    (B) All reports required by this Act shall be submitted to
the Board in a timely fashion. The reports shall be filed in
writing within 60 days after a determination that a report is
required under this Act. All reports shall contain the
following information:
        (1) The name, address and telephone number of the
    person making the report.
        (2) The name, address and telephone number of the
    podiatric physician who is the subject of the report.
        (3) The name or other means of identification of any
    patient or patients whose treatment is a subject of the
    report, provided, however, no medical records may be
    revealed without the written consent of the patient or
    patients.
        (4) A brief description of the facts that gave rise to
    the issuance of the report, including the dates of any
    occurrences deemed to necessitate the filing of the report.
        (5) If court action is involved, the identity of the
    court in which the action is filed, along with the docket
    number and date of filing of the action.
        (6) Any further pertinent information that the
    reporting party deems to be an aid in the evaluation of the
    report.
    Nothing contained in this Section shall waive or modify the
confidentiality of medical reports and committee reports to the
extent provided by law. Any information reported or disclosed
shall be kept for the confidential use of the Board, the
Board's attorneys, the investigative staff and other
authorized Department staff, as provided in this Act, and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure.
    (C) Any individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this
Act by providing any report or other information to the Board,
or assisting in the investigation or preparation of such
information, or by participating in proceedings of the Board,
or by serving as a member of the Board, shall not, as a result
of such actions, be subject to criminal prosecution or civil
damages.
    (D) Members of the Board, the Board's attorneys, the
investigative staff, other podiatric physicians retained under
contract to assist and advise in the investigation, and other
authorized Department staff shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he or
she determines either that he or she would have a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
    Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton. The member must notify
the Attorney General within 7 days of receipt of notice of the
initiation of any action involving services of the Board.
Failure to so notify the Attorney General shall constitute an
absolute waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
    (E) Upon the receipt of any report called for by this Act,
other than those reports of impaired persons licensed under
this Act required pursuant to the rules of the Board, the Board
shall notify in writing, by certified mail, the podiatric
physician who is the subject of the report. Such notification
shall be made within 30 days of receipt by the Board of the
report.
    The notification shall include a written notice setting
forth the podiatric physician's right to examine the report.
Included in such notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be reached.
The podiatric physician who is the subject of the report shall
be permitted to submit a written statement responding,
clarifying, adding to, or proposing the amending of the report
previously filed. The statement shall become a permanent part
of the file and must be received by the Board no more than 30
days after the date on which the podiatric physician was
notified of the existence of the original report.
    The Board shall review all reports received by it, together
with any supporting information and responding statements
submitted by persons who are the subject of reports. The review
by the Board shall be in a timely manner but in no event shall
the Board's initial review of the material contained in each
disciplinary file be less than 61 days nor more than 180 days
after the receipt of the initial report by the Board.
    When the Board makes its initial review of the materials
contained within its disciplinary files the Board shall, in
writing, make a determination as to whether there are
sufficient facts to warrant further investigation or action.
Failure to make such determination within the time provided
shall be deemed to be a determination that there are not
sufficient facts to warrant further investigation or action.
    Should the Board find that there are not sufficient facts
to warrant further investigation, or action, the report shall
be accepted for filing and the matter shall be deemed closed
and so reported.
    The individual or entity filing the original report or
complaint and the podiatric physician who is the subject of the
report or complaint shall be notified in writing by the Board
of any final action on their report or complaint.
    (F) The Board shall prepare on a timely basis, but in no
event less than once every other month, a summary report of
final disciplinary actions taken upon disciplinary files
maintained by the Board. The summary reports shall be made
available on the Department's web site sent by the Board to
such institutions, associations and individuals as the
Director may determine.
    (G) Any violation of this Section shall be a Class A
misdemeanor.
    (H) If any such podiatric physician violates the provisions
of this Section, an action may be brought in the name of the
People of the State of Illinois, through the Attorney General
of the State of Illinois, for an order enjoining such violation
or for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such podiatric physician has violated or
is violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 90-14, eff. 7-1-97; 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/27)  (from Ch. 111, par. 4827)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 27. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license.
The Department shall, before suspending, revoking, placing on
probationary status or taking any other disciplinary action as
the Department may deem proper with regard to any licensee, at
least 30 days prior to the date set for the hearing, notify the
accused in writing of any charges made and the time and place
for a hearing of the charges before the Board, direct him or
her to file his or her written answer thereto to the Board
under oath within 20 days after the service on him or her of
such notice and inform her or him that if he or she fails to
file such answer default will be taken against him or her and
his or her license may be revoked, suspended, placed on
probationary status, or subject to other disciplinary action,
including limiting the scope, nature, or extent of his or her
practice as the Department may deem proper.
    In case the accused person, after receiving notice fails to
file an answer, his or her license may, in the discretion of
the Secretary Director having received the recommendation of
the Board, be suspended, revoked, or placed on probationary
status or the Secretary Director may take whatever disciplinary
action as he or she may deem proper including limiting the
scope, nature, or extent of the accused person's practice
without a hearing if the act or acts charged constitute
sufficient grounds for such action under this Act.
    Such written notice may be served by personal delivery or
certified or registered mail to the respondent at the address
on record with of his or her last notification to the
Department. At the time and placed fixed in the notice, the
Board shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
such statements, testimony, evidence and argument as may be
pertinent to the charges or to the defense thereto. The Board
may continue such hearing from time to time.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/30)  (from Ch. 111, par. 4830)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 30. Witness; subpoenas. The Department shall have the
power to subpoena and bring before it any person in this State
and to take testimony, either orally or by deposition, or both,
with the same fees and mileage and in the same manner as
prescribed by law in judicial proceedings in civil cases in
circuit courts of this State.
    The Secretary Director, and any member of the Board, shall
each have the power to administer oaths to witnesses at any
hearing that the Department is authorized to conduct under this
Act, and any other oaths required or authorized to be
administered by the Department hereunder.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/31)  (from Ch. 111, par. 4831)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 31. Notice of hearing - Findings and recommendations.
At the conclusion of the hearing the Board shall present to the
Secretary Director a written report of its findings of fact,
conclusions of law, and recommendations. The report shall
contain a finding whether or not the accused person violated
this Act or failed to comply with the conditions required in
this Act. The Board shall specify the nature of the violation
or failure to comply, and shall make its recommendations to the
Secretary Director.
    The report of findings of fact, conclusions of law and
recommendations of the Board shall be the basis for the
Department's order or refusal or for the granting of a license.
If the Secretary Director disagrees in any regard with the
report of the Board, the Secretary Director may issue an order
in contravention thereof. The Secretary Director shall provide
a written report to the Board on any deviation, and shall
specify with particularity the reasons for such action in the
final order. The finding is not admissible in evidence against
the person in a criminal prosecution brought for the violation
of this Act, but the hearing and finding are not a bar to a
criminal prosecution brought for the violation of this Act.
(Source: P.A. 85-918.)
 
    (225 ILCS 100/32)  (from Ch. 111, par. 4832)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 32. Board - Rehearing. In any case involving the
refusal to issue, renew or discipline of a license, a copy of
the Board's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 days after such
service, the respondent may present to the Department a motion
in writing for a rehearing, which motion shall specify the
particular grounds therefor.
    If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
if a motion for rehearing is denied, then upon such denial the
Secretary Director may enter an order in accordance with
recommendations of the Board except as provided in Section 31
of this Act. If the respondent shall order from the reporting
service, and pay for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within
which such a motion may be filed shall commence upon the
delivery of the transcript to the respondent.
(Source: P.A. 85-918.)
 
    (225 ILCS 100/33)  (from Ch. 111, par. 4833)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 33. Secretary Director - Rehearing. Whenever the
Secretary Director is satisfied that substantial justice has
not been done in the revocation, suspension or refusal to issue
or renew a license, the Secretary Director may order a
rehearing by the same or another hearing officer or Board.
(Source: P.A. 85-918.)
 
    (225 ILCS 100/34)  (from Ch. 111, par. 4834)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 34. Appointment of a hearing officer. Notwithstanding
the provisions of Section 32 of this Act, the Secretary
Director shall have the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for refusal to issue, renew
or discipline of a license.
    The Secretary Director shall notify the Board of any such
appointment. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or
her findings of fact, conclusions of law and recommendations to
the Board and the Secretary Director. The Board shall have 60
days from receipt of the report to review the report of the
hearing officer and present their findings of fact, conclusions
of law and recommendations to the Board and the Secretary
Director. The Board shall have 60 days after receipt of the
report to review the report of the hearing officer and present
its findings of fact, conclusions of law, and recommendations
to the Director. If the Board fails to present its report
within the 60 day period, the Secretary Director may issue an
order based on the report of the hearing officer. If the
Secretary Director disagrees in any regard with the report of
the Board or hearing officer, he or she may issue an order in
contravention thereof. The Secretary Director shall provide an
a written explanation to the Board on any such deviation, and
shall specify with particularity the reasons for such action in
the final order.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/35)  (from Ch. 111, par. 4835)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director, shall be prima facie proof that:
        (a) the signature is the genuine signature of the
    Secretary Director;
        (b) the Secretary Director is duly appointed and
    qualified; and
        (c) the Board and the members thereof are qualified to
    act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 100/38)  (from Ch. 111, par. 4838)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 38. Temporary suspension of a license. The Secretary
Director may temporarily suspend the license of a podiatric
physician without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 27 of this Act, if the Secretary Director finds that
evidence in his or her possession indicates that a podiatric
physician's continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
Director suspends, temporarily, this license of a podiatric
physician without a hearing, a hearing by the Board must be
held within 30 days after such suspension has occurred and
shall be concluded without appreciable delay.
(Source: P.A. 90-76, eff. 12-30-97.)
 
    (225 ILCS 100/41)  (from Ch. 111, par. 4841)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 41. Violations. Any person who is found to have
violated any provisions of this Act is guilty of a Class A
misdemeanor. All criminal fines, monies, or other property
collected or received by the Department under this Section or
any other State or federal statute, including, but not limited
to, property forfeited to the Department under Section 505 of
The Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the Professional Regulation Evidence Fund.
    The Board, with the advice of the Secretary Director and
attorneys for the Department, may establish by rule a schedule
of fines payable by those who have violated any provisions of
this Act.
    Fines assessed and collected for violations of this Act
shall be deposited in the Illinois State Podiatric Medical
Disciplinary Fund.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (225 ILCS 100/13 rep.)
    Section 15. The Podiatric Medical Practice Act of 1987 is
amended by repealing Section 13.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.