Public Act 90-0076 of the 90th General Assembly
Public Act 90-0076
SB858 Enrolled LRB9000477DPccB
AN ACT extending the Podiatric Medical Licensing Board,
concerning podiatric medicine, and amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Agency Sunset Act is amended by
changing Section 4.9 and adding Section 4.18 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Medical Practice Act of 1987.
The Pharmacy Practice Act of 1987.
The Illinois Optometric Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Clinical Psychologist Licensing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 87-1237.)
(5 ILCS 80/4.18 new)
Sec. 4.18. Act repealed on January 1, 2008. The following
Act is repealed on January 1, 2008:
The Podiatric Medical Practice Act of 1987.
Section 10. The Podiatric Medical Practice Act of 1987 is
amended by changing Sections 3, 4, 5, 6, 7, 8, 9, 10, 12, 13,
15, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27, 30, 34, and 38 as
follows:
(225 ILCS 100/3) (from Ch. 111, par. 4803)
Sec. 3. Exceptions. This Act does not prohibit:
(A) 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) 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) C. The practice of podiatric medicine that
which 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) 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 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) 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, or
(2) the withdrawal of such application, or
(3) the denial of such application by the
Department.;
(F) 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) D or (E) 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. 85-918.)
(225 ILCS 100/4) (from Ch. 111, par. 4804)
Sec. 4. Exemption from civil liability.
(A) A. Exemption from civil liability for emergency care
is as provided in the Good Samaritan Act.
(B) B. While serving upon any professional utilization
committee, a professional review organization, a peer review
committee, a mediation committee or a board of directors
considering such matters of peer review or any review
committee sanctioned by the profession or sponsored by its
association, a podiatric physician shall not be liable for
civil damages as a result of his or her acts, omissions or
decisions in connection with his or her duties on such
committees or boards, except in cases involving willful or
wanton misconduct.
(Source: P.A. 89-607, eff. 1-1-97.)
(225 ILCS 100/5) (from Ch. 111, par. 4805)
Sec. 5. Definitions. As used in this Act:
(A) A. "Department" means the Department of Professional
Regulation.
(B) B. "Director" means the Director of Professional
Regulation.
(C) C. "Board" means the Podiatric Medical Licensing
Board appointed by the Director.
(D) D. "Podiatric medicine" or ("podiatry") means the
diagnosis, medical, physical, or surgical treatment of the
ailments of the human foot 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) E. "Human foot" means the ankle and soft tissue
which insert into the foot as well as the foot.
(F) F. "Podiatric physician" means a physician licensed
to practice podiatric medicine.
(G) 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. 85-1209.)
(225 ILCS 100/6) (from Ch. 111, par. 4806)
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 Director may promulgate rules consistent with the
provisions of this Act, for the administration and
enforcement thereof and may prescribe forms that which shall
be issued in connection therewith.
(Source: P.A. 85-918.)
(225 ILCS 100/7) (from Ch. 111, par. 4807)
Sec. 7. Creation of the Board. The 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, except that of the initial appointments,
one member shall be appointed to serve for one year, 2 shall
be appointed to serve for 2 years and those remaining shall
be appointed to serve for 3 years and until their successors
are appointed and qualified.
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 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.
No member shall be reappointed to the Board for a term
which would cause his continuous service on the Board to be
longer than 8 successive years.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms shall begin upon the
effective date of this Act and Board members in office on
that date under the predecessor Act may be appointed to
specific terms as indicated herein.
For the initial appointment of the Board the Director
shall give priority to filling the public member 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 shall each receive as
compensation a reasonable sum as determined by the 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 Director may terminate the appointment of any member
for cause that which in the opinion of the Director
reasonably justifies such termination.
The 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 therein.
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. 85-918.)
(225 ILCS 100/8) (from Ch. 111, par. 4808)
Sec. 8. Applications for original license Failure or
refusal to take examination. Applications for original
licenses shall be made to the Department and shall be
accompanied by the required fee, which shall not be
refundable returnable. Any such application shall require
such information as in the judgement of the Department will
enable the Department to pass on the qualifications of the
applicant for a license.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 85-918.)
(225 ILCS 100/9) (from Ch. 111, par. 4809)
Sec. 9. Examination for licensure. The Department shall
authorize examinations of applicants as podiatric physicians
at such times and places as it may determine, so long as the
examinations are administered at least 2 times each year.
The examination of applicants shall be of a character to give
a fair test of the qualifications of the applicant to
practice podiatric medicine.
An applicant Applicants for examination as a podiatric
physician shall be required to pay, either to the Department
or the designated testing service, a fee covering the costs
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.
If an applicant neglects, fails or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing filling the his
application, the application is automatically shall be
denied. However, after the denial, the applicant may make a
new application, accompanied by the required fee, and provide
evidence of meeting the requirements in force at the time of
the new application.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 87-1237.)
(225 ILCS 100/10) (from Ch. 111, par. 4810)
Sec. 10. Qualifications for licensure. A person shall
be qualified for licensure as a podiatric physician:
(A) A. who has applied for licensure on blank forms
prepared and furnished by the Department;
(B) B. who is at least 21 years of age;
(C) C. who 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) 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) E. who has successfully completed an
examination authorized by the Department all 3 parts of
the required examination authorized by the Department,
including both parts 1 and 2 of the test administered by
the National Board of Podiatric Medical Examiners and the
written practical examination conducted by the
Department; and
(F) 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.)
(225 ILCS 100/12) (from Ch. 111, par. 4812)
Sec. 12. Temporary license; qualifications and terms.
(A) 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 which
may be required under Section 8 must also be paid by
temporary licensees.
(B) 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.
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. 85-1023.)
(225 ILCS 100/13) (from Ch. 111, par. 4813)
Sec. 13. Display of license. Every podiatric physician to
whom a license certificate of licensure is granted under this
Act, shall display the same in a conspicuous place in his or
her principal office, place of business or employment. Any
person violating the provisions of this Section, shall be
guilty of a petty offense and fined $100. Fines levied and
collected for this violation shall be deposited with the
Department and allocated to the Podiatric Medical
Disciplinary Fund.
(Source: P.A. 85-918.)
(225 ILCS 100/15) (from Ch. 111, par. 4815)
Sec. 15. Licenses; renewal; restoration; Person in
military service.
(A) A. The expiration date and renewal period for each
license issued under this Act shall be set by rule.
(B) B. Any podiatric physician who has permitted his or
her license to expire or who has had his license on inactive
status may have the his license restored by making
application to the Department, providing proof of continuing
education, and filing proof acceptable to the Department of
his or her fitness to have the his license restored, which
may include evidence of active lawful practice in another
jurisdiction satisfactory to the Department and by paying the
required restoration fee.
(C) C. If the podiatric physician has not maintained an
active practice in another jurisdiction satisfactory to the
Department, the Podiatric Medical Licensing Board shall
determine, by an evaluation program established by rule his
or her fitness to resume active status and may require the
podiatric physician to complete an established period of
evaluated clinical experience and may require successful
completion of the practical examination, as provided by rule.
(D) D. However, any podiatric physician whose license
expired while he or she was (1) in Federal Service on active
duty with the Armed Forces of the United States or the
Veterans Administration or the State Militia called into
service or training, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may have the license his licensed
renewed or restored without paying any lapsed renewal fees if
within 2 years after honorable termination of such service,
training or education, except under conditions other than
honorable, he or she furnished the Department with
satisfactory evidence to the effect that he or she has been
so engaged and that his or her service, training or education
has been so terminated.
(Source: P.A. 85-1209.)
(225 ILCS 100/16) (from Ch. 111, par. 4816)
Sec. 16. Inactive licenses. Any podiatric physician who
notifies the Department in writing on forms prescribed by the
Department, may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees and
compliance with continuing education requirements until he or
she notifies the Department in writing of his or her desire
to resume active status.
Any podiatric physician requesting restoration from
inactive status shall be required to complete the continuing
education requirements for a single license renewal period
and to pay the current renewal fee and shall be required to
restore his or her license, as provided in Section 15 of this
Act. Any podiatric physician whose license is in an inactive
status shall not practice podiatric medicine in the State of
Illinois. Any licensee who shall practice podiatric medicine
while his or her license is lapsed on inactive status shall
be considered to be practicing without a license which shall
be grounds for discipline under Section 24 of this Act.
(Source: P.A. 85-918.)
(225 ILCS 100/17) (from Ch. 111, par. 4817)
Sec. 17. Endorsement. The Department may, in its
discretion, license as a podiatric physician without
examination on payment of the required fee, an applicant who
is a podiatric physician license under the laws of another
state or territory, or of another country, if the
requirements for licensure of podiatric physicians in the
state or territory or country in which the applicant was
licensed were, at the date of his or her licensure,
substantially equivalent to the requirements in force in this
State on that date or on the date licensure is sought under
this Section. The Department may, at its discretion, require
an applicant under this Section to take such examinations as
are required in Section 9 of this Act and may also require
compliance with the qualifications listed in Section 10 of
this Act.
Applicants have 3 years from the date of application to
complete the application process. If the process has not
been completed in 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply
and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 86-596.)
(225 ILCS 100/18) (from Ch. 111, par. 4818)
Sec. 18. Fees.
(a) A. The following fees are not refundable.
(1) The fee for a certificate of licensure is $400
$250. The fee for a temporary permit or Visiting
Professor permit under Section 12 of this Act is $250
$100.
(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 $100
per year. The fee for the renewal of a temporary permit
or Visiting Professor permit shall be calculated at the
rate of $125 $100 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 $510.
(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 $500, however colleges, universities
and State agencies shall be exempt from payment of this
fee.
(11) The fee for podiatry licensing, disciplinary
or investigative records obtained pursuant to a subpoena
is $1 per page.
(b) 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. If the check or other payment
was for a renewal or issuance fee and that person practices
without paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed. 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 or certificate, he or
she shall apply to the Department for restoration or issuance
of the license or certificate 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 or
certificate to pay all expenses of processing this
application. The Director may waive the fines due under this
Section in individual cases where the Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 86-596; 87-1031.)
(225 ILCS 100/19) (from Ch. 111, par. 4819)
Sec. 19. Disciplinary Fund. All fees and fines received
by the Department under this Act shall be deposited in the
Illinois State Podiatric Disciplinary Fund, a special fund
created hereunder in the State Treasury. Of the moneys
deposited into the Illinois State Podiatric Disciplinary
Fund, 15% of the money received from the payment of renewal
fees shall be used for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act
and the remainder shall be appropriated to the Department for
expenses of the Department and of the Podiatric Medical
Licensing Board and for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act.
Moneys in the Illinois State Podiatric Disciplinary Fund
may be invested and reinvested in investments authorized for
the investment of funds of the State Employees' Retirement
System of Illinois.
All earnings received from such investments shall be
deposited in the Illinois State Podiatric Disciplinary Fund
and may be used for the same purposes as fees deposited in
such fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 61e of the
Civil Administrative Code of Illinois.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes
an audit of the Illinois State Podiatric Disciplinary Fund,
the Department shall make the audit open to inspection by any
interested person.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the Illinois State Podiatric Disciplinary
Fund may be transferred to the General Revenue Fund as
authorized by this amendatory Act of 1992. The General
Assembly finds that an excess of moneys exists in the Fund.
On February 1, 1992, the Comptroller shall order transferred
and the Treasurer shall transfer $400,000 (or such lesser
amount as may be on deposit in the Fund and unexpended and
unobligated on that date) from the Fund to the General
Revenue Fund.
(Source: P.A. 89-204, eff. 1-1-96.)
(225 ILCS 100/21) (from Ch. 111, par. 4821)
Sec. 21. Advertising. 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 by the Council on
Podiatric Medical Education 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 which the podiatric physician offers to
perform that which a reasonable person might regard as
relevant in determining whether to seek the podiatric
physician's services.
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.
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 which contain false, fraudulent, deceptive or
misleading material or guarantees of success, statements that
which play upon the vanity or fears of the public, or
statements that which promote or produce unfair competition.
(Source: P.A. 85-918.)
(225 ILCS 100/22) (from Ch. 111, par. 4822)
Sec. 22. Practice by corporations. No license shall be
issued by the Department to any corporation (i) that has a
the stated purpose that of which includes podiatry, or (ii)
that which practices, or which holds itself out as available
to practice podiatry podiatric medicine or any of the
functions described in Section 1 of this Act, by the
Department unless it is organized under the provisions of the
Professional Service Corporation Act.
(Source: P.A. 85-918.)
(225 ILCS 100/23) (from Ch. 111, par. 4823)
Sec. 23. Nothing contained in this Act shall:;
(a) prohibit a corporation from employing a
podiatric physician or podiatric physicians to render
podiatric medical services to its employees, provided,
that such podiatric medical services shall be rendered at
no cost or charge to the employees; or
(b) prohibit a corporation or association from
providing podiatric medical services upon a wholly
charitable basis to deserving recipients; or
(c) prohibit a corporation or association from
furnishing information or clerical services that which
can be furnished by persons not licensed to practice
podiatric medicine, to any podiatric physician when such
podiatric physician assumes full responsibility for such
information or services.
Any corporation violating the provisions of this Section
is guilty of a Class A misdemeanor and each day that this Act
is violated shall be considered a separate offense.
(Source: P.A. 85-918.)
(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Text of Section before amendment by P.A. 89-507)
Sec. 24. 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 action as the Department may deem
proper, including fines not to exceed $5,000 $2500 for each
violation upon anyone licensed under this Act for any of the
following reasons:
(1) 1. Making a material misstatement in furnishing
information to the Department.;
(2) 2. Violations of this Act, or of the rules or
regulations promulgated hereunder.;
(3) 3. Conviction of any crime under the laws of any
United States jurisdiction that which is a felony or which is
a misdemeanor, of which an essential element of which is
dishonesty, or of any crime that which is directly related to
the practice of the profession.;
(4) 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) 5. Professional incompetence.;
(6) 6. Gross or repeated malpractice or negligence.;
(7) 7. Aiding or assisting another person in violating
any provision of this Act or rules.;
(8) 8. Failing, within 60 days, to provide information
in response to a written request made by the Department.;
(9) 9. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.;
(10) 10. Habitual or excessive use of alcohol,
narcotics, stimulants or other chemical agent or drug that
which results in the inability to practice podiatric medicine
with reasonable judgment, skill or safety.;
(11) 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. herein;
(12) 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) 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) 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) 16. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.;
(17) 17. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill that which results in the inability to practice the
profession with reasonable judgment, skill or safety.;
(18) 18. Solicitation of professional services other
than permitted advertising.;
(19) 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 Director that the licensee be allowed to resume his or
her practice.;
(20) 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) 21. Revocation or suspension, or other action taken
with respect to of a podiatric medical license in another
jurisdiction that would constitute disciplinary action under
this Act.;
(22) 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) 23. Gross, willful, and continued overcharging for
professional services including filing false statements for
collection of fees for those which 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 Public Aid under the Illinois
Public Aid Code or other private or public third party
payor.;
(24) 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) 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 Public Aid
under the Illinois Public Aid Code.;
(26) 26. Mental illness or disability that which results
in the inability to practice with reasonable judgment, skill
or safety.;
(27) 27. Immoral conduct in the commission of or any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.;
(28) 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.
The Director of the Department may, Upon receipt of a
written communication from the Director of the Department of
Mental Health and Developmental Disabilities, Department of
Public Aid or Department of Public Health, that continuation
of practice of a person licensed under this Act constitutes
an immediate danger to the public, the Director may
immediately suspend the license of such person without a
hearing. In instances in which the 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 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.
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 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 fraud in
procuring a license, no action shall be commenced more than 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, the 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 one
year from the date of notification to the Department under
Section 26 of this Act of the settlement or final judgement
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
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 Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 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. 86-596; 87-1207; revised 1-3-97.)
(Text of Section after amendment by P.A. 89-507)
Sec. 24. 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 action as the Department may deem
proper, including fines not to exceed $5,000 $2500 for each
violation upon anyone licensed under this Act for any of the
following reasons:
(1) 1. Making a material misstatement in furnishing
information to the Department.;
(2) 2. Violations of this Act, or of the rules or
regulations promulgated hereunder.;
(3) 3. Conviction of any crime under the laws of any
United States jurisdiction that which is a felony or which is
a misdemeanor, of which an essential element of which is
dishonesty, or of any crime that which is directly related to
the practice of the profession.;
(4) 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) 5. Professional incompetence.;
(6) 6. Gross or repeated malpractice or negligence.;
(7) 7. Aiding or assisting another person in violating
any provision of this Act or rules.;
(8) 8. Failing, within 60 days, to provide information
in response to a written request made by the Department.;
(9) 9. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.;
(10) 10. Habitual or excessive use of alcohol,
narcotics, stimulants or other chemical agent or drug that
which results in the inability to practice podiatric medicine
with reasonable judgment, skill or safety.;
(11) 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. herein;
(12) 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) 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) 14. Abandonment of a patient.;
(15) 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) 16. Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.;
(17) 17. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill that which results in the inability to practice the
profession with reasonable judgment, skill or safety.;
(18) 18. Solicitation of professional services other
than permitted advertising.;
(19) 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 Director that the licensee be allowed to resume his or
her practice.;
(20) 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) 21. Revocation or suspension or other action taken
with respect to of a podiatric medical license in another
jurisdiction that would constitute disciplinary action under
this Act.;
(22) 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) 23. Gross, willful, and continued overcharging for
professional services including filing false statements for
collection of fees for those which 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 Public Aid under the Illinois
Public Aid Code or other private or public third party
payor.;
(24) 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) 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 Public Aid
under the Illinois Public Aid Code.;
(26) 26. Mental illness or disability that which results
in the inability to practice with reasonable judgment, skill
or safety.;
(27) 27. Immoral conduct in the commission of or any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.;
(28) 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.
The Director of the Department may, Upon receipt of a
written communication from the Secretary of Human Services,
the 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
Director may immediately suspend the license of such person
without a hearing. In instances in which the 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 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.
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 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 fraud in
procuring a license, no action shall be commenced more than 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 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
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 Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 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. 86-596; 87-1207; 89-507, eff. 7-1-97; revised
1-3-97.)
(225 ILCS 100/26) (from Ch. 111, par. 4826)
Sec. 26. Reports relating to professional conduct and
capacity.
(A) A. Entities required to report. The Podiatric
Medical Licensing 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) C of this Section. Failure to file a report
under this Section shall be a Class A misdemeanor.
(1) 1. Health Care Institutions. 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, addition 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 which 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) 2. Professional Associations. 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 that a podiatric physician has
committed unprofessional conduct related directly to
patient care or that a podiatric physician may be
mentally or physically disabled in such a manner as to
endanger patients under that physician's care.
(3) 3. Professional Liability Insurers. Every
insurance company that which offers policies of
professional liability insurance to persons licensed
under this Act, or any other entity that which 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,
which 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) 4. State's Attorneys. 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) 5. State Agencies. 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 which may be a violation of this Act or that
which may constitute unprofessional conduct related
directly to patient care or that which 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) B. Mandatory Reporting. 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 which
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 which
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) C. Immunity from Prosecution. 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) D. Indemnification. 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) E. Deliberations of the Board. 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 physicans'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) F. Summary Reports. The Board shall prepare on a
timely basis, but in no event less than once every other
month, a summary report of final actions taken upon
disciplinary files maintained by the Board. The summary
reports shall be sent by the Board to such institutions,
associations and individuals as the Director may determine.
(G) G. Violation of this Section. Any violation of this
Section shall be a Class A misdemeanor.
(H) H. Court ordered enforcement. 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.
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 to file his written
answer thereto to the Board under oath within 20 days after
the service on him of such notice and inform him that if he
fails to file such answer default will be taken against him
and his license may be revoked, placed on probationary status
or have other disciplinary action, including limiting the
scope, nature or extent of his practice as the Department may
deem proper.
In case the accused person, after receiving notice fails
to file an answer, his license may, in the discretion of the
Director having received the recommendation of the Board, be
suspended, revoked, placed on probationary status or the
Director may take whatever disciplinary action as he 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.
(Source: P.A. 85-918.)
(225 ILCS 100/27) (from Ch. 111, par. 4827)
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 Director having received the recommendation of the
Board, be suspended, revoked, or placed on probationary
status or the 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
of his or her last notification to the Department. At the
time and placed fixed in the notice, the Podiatric Medical
Licensing 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. 85-918.)
(225 ILCS 100/30) (from Ch. 111, par. 4830)
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 Director, and any member of the Board, shall each
have the power to administer oaths to witnesses at any
hearing that which 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. 85-918.)
(225 ILCS 100/34) (from Ch. 111, par. 4834)
Sec. 34. Appointment of a hearing officer.
Notwithstanding the provisions of Section 32 of this Act, the
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 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 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 Director. The Board shall have 60 days after from
receipt of the report to review the report of the hearing
officer and present its their 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
Director may issue an order based on the report of the
hearing officer. If the 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 Director
shall provide 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. 87-1237.)
(225 ILCS 100/38) (from Ch. 111, par. 4838)
Sec. 38. Temporary suspension of a license. The 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 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 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. 85-918.)
(225 ILCS 100/44 rep.)
Section 15. The Podiatric Medical Practice Act of 1987 is
amended by repealing Section 44.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect
December 30, 1997.
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 80/4.18 new
225 ILCS 100/3 from Ch. 111, par. 4803
225 ILCS 100/4 from Ch. 111, par. 4804
225 ILCS 100/5 from Ch. 111, par. 4805
225 ILCS 100/6 from Ch. 111, par. 4806
225 ILCS 100/7 from Ch. 111, par. 4807
225 ILCS 100/8 from Ch. 111, par. 4808
225 ILCS 100/9 from Ch. 111, par. 4809
225 ILCS 100/10 from Ch. 111, par. 4810
225 ILCS 100/12 from Ch. 111, par. 4812
225 ILCS 100/13 from Ch. 111, par. 4813
225 ILCS 100/15 from Ch. 111, par. 4815
225 ILCS 100/16 from Ch. 111, par. 4816
225 ILCS 100/17 from Ch. 111, par. 4817
225 ILCS 100/18 from Ch. 111, par. 4818
225 ILCS 100/19 from Ch. 111, par. 4819
225 ILCS 100/21 from Ch. 111, par. 4821
225 ILCS 100/22 from Ch. 111, par. 4822
225 ILCS 100/23 from Ch. 111, par. 4823
225 ILCS 100/24 from Ch. 111, par. 4824
225 ILCS 100/26 from Ch. 111, par. 4826
225 ILCS 100/27 from Ch. 111, par. 4827
225 ILCS 100/30 from Ch. 111, par. 4830
225 ILCS 100/34 from Ch. 111, par. 4834
225 ILCS 100/38 from Ch. 111, par. 4838
225 ILCS 100/44 rep.