Bill Text: IL HB3450 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act by extending the repeal date of the Home Medical Equipment and Service Provider License Act from January 1, 2018 to January 1, 2028. Amends the Home Medical Equipment and Services Provider License Act. Makes changes in provisions concerning powers and duties of the Department of Financial and Professional Regulation, the Home Medical Equipment and Services Board, applications for original licensure, discipline of license, investigations, notices and hearings, findings and recommendations by the Board, hearing officers, and the application of the Administrative Review law. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0525 [HB3450 Detail]
Download: Illinois-2017-HB3450-Enrolled.html
Bill Title: Amends the Regulatory Sunset Act by extending the repeal date of the Home Medical Equipment and Service Provider License Act from January 1, 2018 to January 1, 2028. Amends the Home Medical Equipment and Services Provider License Act. Makes changes in provisions concerning powers and duties of the Department of Financial and Professional Regulation, the Home Medical Equipment and Services Board, applications for original licensure, discipline of license, investigations, notices and hearings, findings and recommendations by the Board, hearing officers, and the application of the Administrative Review law. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of any change of address or email address through specified means. Provides provisions concerning confidentiality of information collected by the Department in the course of an examination or investigation. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0525 [HB3450 Detail]
Download: Illinois-2017-HB3450-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.28 and by adding Section 4.38 as follows:
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6 | (5 ILCS 80/4.28) | ||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||
8 | Acts are
repealed on January 1, 2018: | ||||||
9 | The Illinois Petroleum Education and Marketing Act.
| ||||||
10 | The Podiatric Medical Practice Act of 1987. | ||||||
11 | The Acupuncture Practice Act. | ||||||
12 | The Illinois Speech-Language Pathology and Audiology | ||||||
13 | Practice Act. | ||||||
14 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||
15 | The Nurse Practice Act. | ||||||
16 | The Clinical Social Work and Social Work Practice Act. | ||||||
17 | The Pharmacy Practice Act. | ||||||
18 | The Home Medical Equipment and Services Provider License | ||||||
19 | Act. | ||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||
21 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
22 | Act. | ||||||
23 | The Physician Assistant Practice Act of 1987. |
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1 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
2 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
3 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
4 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
5 | 96-328, eff. 8-11-09.)
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6 | (5 ILCS 80/4.38 new) | ||||||
7 | Sec. 4.38. Acts repealed on January 1, 2028. The following | ||||||
8 | Acts are repealed on January 1, 2028: | ||||||
9 | The Home Medical Equipment and Services Provider License | ||||||
10 | Act. | ||||||
11 | The Podiatric Medical Practice Act of 1987.
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12 | Section 10. The Home Medical Equipment and Services | ||||||
13 | Provider License Act is amended by changing Sections 10, 15, | ||||||
14 | 20, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by | ||||||
15 | adding Sections 13 and 185 as follows:
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16 | (225 ILCS 51/10)
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17 | (Section scheduled to be repealed on January 1, 2018)
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18 | Sec. 10. Definitions. As used in this Act:
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19 | (1) "Department" means the Department of Financial and
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20 | Professional
Regulation.
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21 | (2) "Secretary"
means the Secretary
of Financial and | ||||||
22 | Professional Regulation.
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23 | (3) "Board" means the Home Medical Equipment and
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1 | Services Board.
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2 | (4) "Home medical equipment and services provider" or | ||||||
3 | "provider" means a
legal
entity, as defined by State law, | ||||||
4 | engaged in the business of
providing home medical equipment | ||||||
5 | and services, whether directly
or through a contractual | ||||||
6 | arrangement, to an unrelated sick individual or an | ||||||
7 | unrelated individual with a disability where that | ||||||
8 | individual resides.
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9 | (5) "Home medical equipment and services" means the | ||||||
10 | delivery,
installation, maintenance, replacement, or | ||||||
11 | instruction in
the use of medical equipment used by a sick | ||||||
12 | individual or an individual with a disability to allow the | ||||||
13 | individual to be maintained in his or her
residence.
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14 | (6) "Home medical equipment" means technologically | ||||||
15 | sophisticated
medical devices,
apparatuses, machines, or | ||||||
16 | other similar articles
bearing a label that states | ||||||
17 | "Caution: federal law requires dispensing by or on
the | ||||||
18 | order of a physician.", which are
usable in a home care | ||||||
19 | setting, including but not
limited to:
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20 | (A) oxygen and oxygen delivery systems;
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21 | (B) ventilators;
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22 | (C) respiratory disease management devices, | ||||||
23 | excluding compressor driven
nebulizers;
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24 | (D) wheelchair seating systems;
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25 | (E) apnea monitors;
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26 | (F) transcutaneous electrical nerve stimulator |
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1 | (TENS) units;
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2 | (G) low air-loss cutaneous pressure management | ||||||
3 | devices;
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4 | (H) sequential compression devices;
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5 | (I) neonatal home phototherapy devices;
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6 | (J) enteral feeding pumps; and
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7 | (K) other similar equipment as defined by the | ||||||
8 | Board.
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9 | "Home medical equipment" also includes hospital beds | ||||||
10 | and electronic and
computer-driven wheelchairs, excluding | ||||||
11 | scooters.
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12 | (7) "Address of record" means the designated address | ||||||
13 | recorded by the Department in the applicant's or licensee's | ||||||
14 | application file or license file maintained by the | ||||||
15 | Department's licensure maintenance unit. It is the duty of | ||||||
16 | the applicant or licensee to inform the Department of any | ||||||
17 | change of address, and such changes must be made either | ||||||
18 | through the Department's website or by contacting the | ||||||
19 | Department's licensure maintenance unit.
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20 | (8) "Email address of record" means the designated | ||||||
21 | email address recorded by the Department in the applicant's | ||||||
22 | application file or the licensee's license file, as | ||||||
23 | maintained by the Department's licensure maintenance unit. | ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
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25 | (225 ILCS 51/13 new) |
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1 | Sec. 13. Address of record; email address of record. All | ||||||
2 | applicants and licensees shall: | ||||||
3 | (1) provide a valid address and email address to the | ||||||
4 | Department, which shall serve as the address of record and | ||||||
5 | email address of record, respectively, at the time of | ||||||
6 | application for licensure or renewal of a license; and | ||||||
7 | (2) inform the Department of any change of address of | ||||||
8 | record or email address of record within 14 days after such | ||||||
9 | change either through the Department's website or by | ||||||
10 | contacting the Department's licensure maintenance unit.
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11 | (225 ILCS 51/15)
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12 | (Section scheduled to be repealed on January 1, 2018)
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13 | Sec. 15. Licensure requirement; exempt activities.
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14 | (a) No entity shall provide or hold itself out as providing | ||||||
15 | home medical
equipment and
services, or
use the title "home | ||||||
16 | medical equipment and services provider" in connection with
his | ||||||
17 | or her profession or business,
without a license issued by the | ||||||
18 | Department under this Act.
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19 | (b) Nothing in this Act shall be construed as preventing or
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20 | restricting the practices, services, or activities of the | ||||||
21 | following, unless
those practices, services, or activities | ||||||
22 | include providing home medical
equipment and services through a | ||||||
23 | separate
legal entity:
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24 | (1) a person licensed or registered in this State by | ||||||
25 | any other
law engaging in the profession or occupation for |
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1 | which he or
she is licensed or registered;
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2 | (2) a home medical services provider entity that is | ||||||
3 | accredited under home
care standards by a recognized | ||||||
4 | accrediting body;
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5 | (3) home health agencies that do not have a Part B | ||||||
6 | Medicare supplier
number or that do not engage in the | ||||||
7 | provision of home medical equipment and
services;
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8 | (4) hospitals, excluding hospital-owned and | ||||||
9 | hospital-related providers
of home medical equipment and | ||||||
10 | services;
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11 | (5) manufacturers and wholesale distributors of home | ||||||
12 | medical equipment who
do not sell directly to a patient;
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13 | (6) health care practitioners who lawfully prescribe | ||||||
14 | or
order home medical equipment and services, or who use | ||||||
15 | home
medical equipment and services to treat their | ||||||
16 | patients, including
but not limited to physicians, nurses, | ||||||
17 | physical therapists,
respiratory therapists, occupational | ||||||
18 | therapists, speech-language
pathologists, optometrists, | ||||||
19 | chiropractors, and podiatric physicians;
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20 | (7) pharmacists, pharmacies, and home infusion | ||||||
21 | pharmacies that are not
engaged in the sale or
rental of | ||||||
22 | home medical equipment and services;
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23 | (8) hospice programs that do not involve the sale or | ||||||
24 | rental of
home medical equipment and services;
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25 | (9) nursing homes;
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26 | (10) veterinarians;
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1 | (11) dentists; and
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2 | (12) emergency medical service providers.
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3 | (Source: P.A. 98-214, eff. 8-9-13.)
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4 | (225 ILCS 51/20)
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5 | (Section scheduled to be repealed on January 1, 2018)
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6 | Sec. 20. Powers and duties of the Department.
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7 | (a) The Department shall exercise the powers and duties
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8 | prescribed by the Civil Administrative Code of Illinois for the
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9 | administration of licensure Acts and shall exercise other
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10 | powers and duties necessary for effectuating the purposes of | ||||||
11 | this
Act.
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12 | (b) The Department may adopt rules to administer and | ||||||
13 | enforce
this Act, including but not limited to fees for | ||||||
14 | original licensure and
renewal and restoration of licenses,
and | ||||||
15 | may
prescribe forms to be issued to implement this Act.
At a | ||||||
16 | minimum, the rules adopted by the Department shall include | ||||||
17 | standards and
criteria for
licensure and
for professional | ||||||
18 | conduct and discipline. The Department may shall
consult with | ||||||
19 | the Board in adopting rules. Notice of proposed
rulemaking | ||||||
20 | shall be transmitted to the Board, and the Department
shall | ||||||
21 | review the Board's response and any recommendations made
in the | ||||||
22 | response. The Department shall notify the Board in writing with
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23 | proper explanation of deviations from the Board's | ||||||
24 | recommendations
and response.
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25 | (c) The Department may at any time seek the advice and
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1 | expert knowledge of the Board on any matter relating to the
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2 | administration of this Act.
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3 | (d) (Blank).
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4 | (Source: P.A. 95-703, eff. 12-31-07.)
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5 | (225 ILCS 51/25)
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6 | (Section scheduled to be repealed on January 1, 2018)
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7 | Sec. 25. Home Medical Equipment and Services Board. The | ||||||
8 | Secretary
shall appoint
a Home Medical Equipment and Services | ||||||
9 | Board, in
consultation with a state association representing | ||||||
10 | the home
medical equipment and services industry,
to serve in | ||||||
11 | an advisory capacity to the Secretary. The Board shall consist | ||||||
12 | of 7
members. Four
members shall be home medical equipment and | ||||||
13 | services provider
representatives, at least one of
whom shall | ||||||
14 | be a
pharmacy-based provider. The 3 remaining members shall | ||||||
15 | include one
home care clinical specialist, one respiratory care | ||||||
16 | practitioner,
and one public member. The public member shall | ||||||
17 | not be engaged in any way, directly or indirectly, as a | ||||||
18 | provider of health care.
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19 | Members shall serve 4-year 4 year terms and until their | ||||||
20 | successors are
appointed and qualified.
No member shall be | ||||||
21 | reappointed to the Board for
a term that would cause continuous | ||||||
22 | service on the Board to exceed 8 years.
Appointments to fill | ||||||
23 | vacancies shall be made in the same
manner as original | ||||||
24 | appointments, for the unexpired portion of the
vacated term.
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25 | The home medical equipment and services provider |
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1 | representatives appointed
to the Board shall have engaged in | ||||||
2 | the provision of home medical
equipment and services or related | ||||||
3 | home care services for at least
3 years prior to their | ||||||
4 | appointment, shall be currently
engaged in providing home | ||||||
5 | medical equipment and services
in the State of Illinois, and | ||||||
6 | must have no
record of convictions related to fraud or abuse | ||||||
7 | under either
State or federal law.
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8 | The membership of the Board should reasonably reflect
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9 | representation from the geographic areas in this State.
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10 | The Board shall annually elect one of its members as | ||||||
11 | chairperson and vice
chairperson.
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12 | Each Board member shall be paid his or her necessary | ||||||
13 | expenses while engaged in the performance of his or her duties. | ||||||
14 | Members of the Board shall receive as compensation a reasonable | ||||||
15 | sum as
determined by the Secretary
for each day actually | ||||||
16 | engaged in the duties of the
office, and shall be reimbursed | ||||||
17 | for authorized expenses
incurred in performing the duties of | ||||||
18 | the office.
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19 | The Secretary
may terminate the appointment of any member | ||||||
20 | for
cause which in the opinion of the Secretary
reasonably | ||||||
21 | justifies
the termination. The Secretary shall be the sole | ||||||
22 | arbiter of whether the cause reasonably justifies termination.
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23 | Members of the Board shall be immune from suit in an action | ||||||
24 | based upon
any disciplinary proceedings or other activities | ||||||
25 | performed in good faith as
members of the Board.
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26 | A majority of Board members currently appointed shall |
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1 | constitute a quorum.
A vacancy in the membership of the Board | ||||||
2 | shall not impair the rights of a
quorum
to exercise the rights | ||||||
3 | and perform all of the duties of the Board.
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4 | (Source: P.A. 95-703, eff. 12-31-07.)
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5 | (225 ILCS 51/30)
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6 | (Section scheduled to be repealed on January 1, 2018)
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7 | Sec. 30. Application for original licensure. Applications
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8 | for original licensure shall be made to the Department in | ||||||
9 | writing or electronically
and signed by the applicant on forms | ||||||
10 | prescribed by the Department or by electronic form and shall be
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11 | accompanied by
a nonrefundable fee set by rule of the | ||||||
12 | Department.
The Department may require from an applicant | ||||||
13 | information that, in its judgment,
will enable the Department | ||||||
14 | to pass on the
qualifications of the applicant for licensure.
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15 | An applicant has 3 years from the date of application to | ||||||
16 | complete
the application process. If the process has not been | ||||||
17 | completed
in 3 years, the application shall be denied, the fee | ||||||
18 | shall be forfeited,
and the applicant must reapply and meet the | ||||||
19 | requirements in
effect at the time of reapplication.
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20 | (Source: P.A. 90-532, eff. 11-14-97 .)
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21 | (225 ILCS 51/75)
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22 | (Section scheduled to be repealed on January 1, 2018)
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23 | Sec. 75. Refused issuance, suspension, or revocation , or | ||||||
24 | other discipline of
license. |
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1 | (a) The Department may refuse to issue, renew, or restore a | ||||||
2 | license, or may
revoke,
suspend, place on probation, reprimand, | ||||||
3 | impose a fine not to exceed $10,000
for
each violation, or take | ||||||
4 | other
disciplinary or non-disciplinary
action as the | ||||||
5 | Department may deem proper
with regard to a
licensee for any | ||||||
6 | one or combination of the following reasons:
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7 | (1) Making a material misstatement in furnishing | ||||||
8 | information to the
Department.
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9 | (2) Violation
of this Act or its
rules.
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10 | (3) Conviction of the licensee or any owner or officer | ||||||
11 | of the licensee by plea of guilty or nolo contendere, | ||||||
12 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
13 | sentencing for any crime, including, but not limited to, | ||||||
14 | convictions, preceding sentences of supervision, | ||||||
15 | conditional discharge, or first offender probation, under | ||||||
16 | the laws of any jurisdiction of the United States that (i) | ||||||
17 | is a felony under the laws of this State or (ii) is a | ||||||
18 | misdemeanor, an essential element of which is dishonesty, | ||||||
19 | or that is directly related to the home medical and | ||||||
20 | equipment services. Conviction of or entry of a plea of | ||||||
21 | guilty or nolo contendere to any
crime that is a felony | ||||||
22 | under the laws of the United States
or any state or | ||||||
23 | territory thereof or
a misdemeanor, an essential element of | ||||||
24 | which is dishonesty or
that is directly related to the | ||||||
25 | practice of the profession.
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26 | (4) Making a misrepresentation to obtain
licensure or |
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1 | to violate a provision of this Act.
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2 | (5) Gross negligence in practice under this Act.
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3 | (6) Engaging in a pattern of practice or other behavior | ||||||
4 | that demonstrates
incapacity or incompetence to practice | ||||||
5 | under this Act.
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6 | (7) Aiding, assisting, or willingly permitting another | ||||||
7 | person in violating
any provision
of this Act or its rules.
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8 | (8) Failing, within 30
days, to provide information in | ||||||
9 | response
to a written request made by the Department.
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10 | (9) Engaging in dishonorable, unethical, or | ||||||
11 | unprofessional
conduct of a character likely to deceive, | ||||||
12 | defraud, or harm the
public.
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13 | (10) Adverse action taken Discipline by another state, | ||||||
14 | District of Columbia, territory,
or foreign nation, if at | ||||||
15 | least one of the grounds for the
discipline is the same or | ||||||
16 | substantially equivalent to one set
forth in this Act.
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17 | (11) Directly or indirectly giving to or receiving from | ||||||
18 | any
person, firm, corporation, partnership, or association | ||||||
19 | any fee,
commission, rebate, or other form of compensation | ||||||
20 | for any
services not actually or personally rendered.
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21 | (12) A finding that the licensee, after having its | ||||||
22 | license placed
on probationary status, has violated the | ||||||
23 | terms of probation.
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24 | (13) Willfully making or filing false records or | ||||||
25 | reports in the
course of providing home medical equipment | ||||||
26 | and services, including but not
limited to false records or |
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1 | reports filed with
State agencies or departments.
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2 | (14) Solicitation of business services, other than | ||||||
3 | according to permitted
advertising.
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4 | (15) The use of any words, abbreviations, figures, or | ||||||
5 | letters with
the intention of indicating practice as a home | ||||||
6 | medical equipment
and services provider without a license
| ||||||
7 | issued under this Act.
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8 | (16) Failure to file a return, or to pay the tax, | ||||||
9 | penalty, or
interest shown in a filed return, or to pay any | ||||||
10 | final assessment
of tax, penalty, or interest, as required | ||||||
11 | by any tax Act
administered by the Department of Revenue, | ||||||
12 | until such
time as the requirements of any such tax Act are | ||||||
13 | satisfied.
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14 | (17) Failure to comply with federal or State laws and | ||||||
15 | regulations concerning home
medical equipment and services | ||||||
16 | providers.
| ||||||
17 | (18) Solicitation of professional services using false | ||||||
18 | or misleading
advertising.
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19 | (19) Failure to display a license in accordance with
| ||||||
20 | Section 45.
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21 | (20) Habitual or excessive use or addiction to alcohol, | ||||||
22 | narcotics, stimulants, or any other chemical agent or drug | ||||||
23 | that results in the inability to practice with reasonable | ||||||
24 | judgment, skill, or safety by an owner or officer of the | ||||||
25 | licensee . | ||||||
26 | (21) Physical illness, mental illness, or disability, |
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1 | including without limitation deterioration through the | ||||||
2 | aging process and loss of motor skill, that results in the | ||||||
3 | inability to practice the profession with reasonable | ||||||
4 | judgment, skill, or safety by an owner or officer of the | ||||||
5 | licensee . | ||||||
6 | All fines imposed under this Section shall be paid within | ||||||
7 | 60 days after the effective date of the order imposing the fine | ||||||
8 | or in accordance with the terms set forth in the order imposing | ||||||
9 | the fine. | ||||||
10 | (Source: P.A. 95-703, eff. 12-31-07.)
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11 | (225 ILCS 51/95)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
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13 | Sec. 95. Investigations; notice and hearing.
| ||||||
14 | (a) The Department
may investigate the actions of an | ||||||
15 | applicant or of an entity
holding or claiming to hold a | ||||||
16 | license.
| ||||||
17 | (b) The Department
shall, before refusing to issue or renew | ||||||
18 | a license or
disciplining a licensee, at least 30 days prior to | ||||||
19 | the date set
for the hearing, notify in writing the applicant | ||||||
20 | or
licensee of the nature of the charges and that a hearing
| ||||||
21 | will be held on the date designated. The Department shall | ||||||
22 | direct
the applicant or licensee to file a written answer to | ||||||
23 | the Board
under oath within 20 days after the service of the | ||||||
24 | notice and
inform the applicant or licensee that failure to | ||||||
25 | file an answer
will result in default being taken against the |
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| |||||||
1 | applicant or
licensee and that the license may be suspended,
| ||||||
2 | revoked, placed on probationary status, or other disciplinary
| ||||||
3 | action may be taken, including limiting the scope, nature, or
| ||||||
4 | extent of business, as the Secretary
may deem proper. Written
| ||||||
5 | notice may be served by personal delivery , or certified or
| ||||||
6 | registered mail to the applicant or licensee
at his or her
| ||||||
7 | address of record , or email to the applicant or licensee's | ||||||
8 | email address of record . If the entity fails to
file an answer | ||||||
9 | after receiving notice, the entity's license
may, in the | ||||||
10 | discretion of the Department, be
suspended, revoked, or placed | ||||||
11 | on probationary status, or the
Department may take whatever | ||||||
12 | disciplinary or non-disciplinary action it deems proper,
| ||||||
13 | including limiting the scope, nature, or extent of the entity's
| ||||||
14 | business, or imposing a fine, without a hearing, if the
act or | ||||||
15 | acts charged constitute sufficient grounds for such action | ||||||
16 | under this
Act. At the time and place fixed in the notice, the | ||||||
17 | Board shall proceed to hear
the charges, and the parties or | ||||||
18 | their counsel shall be
accorded ample opportunity to present | ||||||
19 | such statements, testimony,
evidence, and argument as may be | ||||||
20 | pertinent to the charges or to
their defense. The Board may | ||||||
21 | continue a hearing from time to
time.
| ||||||
22 | (c) An individual or organization acting in good faith, and | ||||||
23 | not in a willful and wanton manner, by participating in | ||||||
24 | proceedings of the Board, or by serving as a member of the | ||||||
25 | Board, shall not, as a result of such actions, be subject to | ||||||
26 | criminal prosecution or civil damages. |
| |||||||
| |||||||
1 | (d) Members of the Board shall be indemnified by the State | ||||||
2 | for any actions occurring within the scope of services on the | ||||||
3 | Board, done in good faith and not willful and wanton in nature. | ||||||
4 | The Attorney General shall defend all such actions unless he or | ||||||
5 | she determines either that there would be a conflict of | ||||||
6 | interest in such representation or that the actions complained | ||||||
7 | of were not in good faith or were willful and wanton. | ||||||
8 | If the Attorney General declines representation, the | ||||||
9 | member has the right to employ counsel of his or her choice, | ||||||
10 | whose fees shall be provided by the State, after approval by | ||||||
11 | the Attorney General, unless there is a determination by a | ||||||
12 | court that the member's actions were not in good faith or were | ||||||
13 | willful and wanton. | ||||||
14 | The member must notify the Attorney General within 7 days | ||||||
15 | after receipt of notice of the initiation of any action | ||||||
16 | involving services of the Board. Failure to so notify the | ||||||
17 | Attorney General shall constitute an absolute waiver of the | ||||||
18 | right to a defense and indemnification. | ||||||
19 | The Attorney General shall determine, within 7 days after | ||||||
20 | receiving such notice, whether he or she will undertake to | ||||||
21 | represent the member. | ||||||
22 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
23 | (225 ILCS 51/100)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
25 | Sec. 100. Shorthand reporter Stenographer ; transcript. The |
| |||||||
| |||||||
1 | Department , at its
expense, shall provide a shorthand reporter | ||||||
2 | to take down the testimony and preserve a record of all | ||||||
3 | proceedings at the formal
hearing of any case involving the | ||||||
4 | refusal to issue or renew a
license or the discipline of a | ||||||
5 | licensee. The notice of hearing,
complaint, and all other | ||||||
6 | documents in the nature of pleadings,
written motions filed in | ||||||
7 | the proceedings, the transcript of
testimony, the report of the | ||||||
8 | Board, and the order of the Department
shall be the record of | ||||||
9 | the proceeding.
| ||||||
10 | (Source: P.A. 90-532, eff. 11-14-97 .)
| ||||||
11 | (225 ILCS 51/110)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 110. Findings and recommendations. At the conclusion | ||||||
14 | of
the hearing the Board shall present to the Secretary
a | ||||||
15 | written
report of its findings and recommendations. The report | ||||||
16 | shall
contain a finding of whether or not the accused entity | ||||||
17 | violated
this Act or failed to comply with the conditions | ||||||
18 | required in this
Act. The Board shall specify the nature of the | ||||||
19 | violation or
failure to comply, and shall make its | ||||||
20 | recommendations to the
Secretary.
| ||||||
21 | The report of findings of fact, conclusions of law, and | ||||||
22 | recommendation of the Board shall be the basis for the | ||||||
23 | Department's order for refusing to issue, restore, or renew a | ||||||
24 | license, or otherwise disciplining a licensee, or for the | ||||||
25 | granting of a license. If the Secretary disagrees with the |
| |||||||
| |||||||
1 | report, findings of fact, conclusions of law, and | ||||||
2 | recommendations of the Board, the Secretary may issue an order | ||||||
3 | in contravention of the Board's recommendations. The report of | ||||||
4 | findings and recommendations of the Board may
be
the basis for | ||||||
5 | the Department's order of refusal or for the
granting of | ||||||
6 | licensure unless the Secretary
shall determine that
the Board's | ||||||
7 | report is contrary to the manifest weight of the
evidence, in | ||||||
8 | which case the Secretary
may issue an order in
contravention of | ||||||
9 | the Board's report. The finding is not admissible
in evidence | ||||||
10 | against the entity in a criminal prosecution brought
for the | ||||||
11 | violation of this Act, but the hearing and finding are
not a | ||||||
12 | bar to a criminal prosecution brought for the violation of
this | ||||||
13 | Act.
| ||||||
14 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
15 | (225 ILCS 51/115)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 115. Rehearing on motion. In a case involving the | ||||||
18 | refusal to
issue or renew a license or the discipline of a | ||||||
19 | licensee, a copy
of the Board's report shall be served upon the | ||||||
20 | respondent by the
Department, either personally or as provided | ||||||
21 | in this Act for the
service of the notice of hearing. Within 20 | ||||||
22 | days after such
service, the respondent may present to the | ||||||
23 | Department a motion in
writing for a rehearing, which shall | ||||||
24 | specify the
particular grounds for the rehearing. If no motion | ||||||
25 | for rehearing is
filed, then upon the expiration of the time |
| |||||||
| |||||||
1 | specified for filing
the motion, or if a motion for rehearing | ||||||
2 | is denied, then upon
such denial the Secretary
may enter an | ||||||
3 | order in accordance with
recommendations of the Board except as | ||||||
4 | provided in Sections 110 and Section 120 of
this Act.
| ||||||
5 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
6 | (225 ILCS 51/125)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 125. Hearing officer. The Secretary
has the authority | ||||||
9 | to appoint an attorney duly licensed to
practice law in the | ||||||
10 | State of Illinois to serve as the hearing
officer in an action | ||||||
11 | for refusal to issue or renew a license, or for the
discipline
| ||||||
12 | of a licensee. The Secretary
shall notify the Board of an | ||||||
13 | appointment. The
hearing officer shall have full authority to
| ||||||
14 | conduct the hearing. The hearing officer shall report his or | ||||||
15 | her
findings and recommendations to the Board and the | ||||||
16 | Secretary. The
Board shall have 60 days from receipt of the | ||||||
17 | report to review the
report of the hearing officer and present | ||||||
18 | its findings of fact,
conclusions of law and recommendation to | ||||||
19 | the Secretary. If the
Board fails to present its report within | ||||||
20 | the 60-day 60 day period, the respondent may request in writing | ||||||
21 | a direct appeal to the Secretary, in which case the Secretary | ||||||
22 | may shall, within 7 calendar days after the request, issue an | ||||||
23 | order directing the Board to issue its findings of fact, | ||||||
24 | conclusions of law, and recommendations to the Secretary within | ||||||
25 | 30 calendar days after such order. If the Board fails to issue |
| |||||||
| |||||||
1 | its findings of fact, conclusions of law, and recommendations | ||||||
2 | within that time frame to the Secretary after the entry of such | ||||||
3 | order, the Secretary shall, within 30 calendar days thereafter, | ||||||
4 | issue an order based upon the report of the hearing officer and | ||||||
5 | the record of the proceedings or issue an order remanding the | ||||||
6 | matter back to the hearing officer for additional proceedings | ||||||
7 | in accordance with the order. If (i) a direct appeal is | ||||||
8 | requested, (ii) the Board fails to issue its findings of fact, | ||||||
9 | conclusions of law, and recommendations within the 30-day | ||||||
10 | mandate from the Secretary or the Secretary fails to order the | ||||||
11 | Board to do so, and (iii) the Secretary fails to issue an order | ||||||
12 | within 30 calendar days thereafter, then the hearing officer's | ||||||
13 | report is deemed accepted and a final decision of the | ||||||
14 | Secretary. Notwithstanding any other provision of this | ||||||
15 | Section, if the Secretary, upon review, determines that | ||||||
16 | substantial justice has not been done in the revocation, | ||||||
17 | suspension, or refusal to issue or renew a license or other | ||||||
18 | disciplinary action taken as the result of the entry of the | ||||||
19 | hearing officer's or Board's report, the Secretary may order a | ||||||
20 | rehearing by the same or other examiners. If the Secretary | ||||||
21 | disagrees in any regard with the report of the Board, the | ||||||
22 | Secretary may issue an order in contravention thereof. If the | ||||||
23 | Secretary
determines that the Board's report is
contrary to the | ||||||
24 | manifest weight of the evidence, he or she may
issue an order | ||||||
25 | in contravention of the Board's report.
| ||||||
26 | (Source: P.A. 95-703, eff. 12-31-07.)
|
| |||||||
| |||||||
1 | (225 ILCS 51/135)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 135. Restoration of license. At any
time after the | ||||||
4 | successful completion of a term of probation, suspension , or | ||||||
5 | revocation of a license, the
Department may restore the license | ||||||
6 | to the accused entity upon the written
recommendation of the | ||||||
7 | Board unless, after an investigation and a
hearing, the Board | ||||||
8 | determines that restoration is not in the
public interest. | ||||||
9 | Restoration under this Section requires the filing of all | ||||||
10 | applications and payment of all fees required by the | ||||||
11 | Department.
| ||||||
12 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
13 | (225 ILCS 51/150)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
15 | Sec. 150. Administrative Review Law. All final
| ||||||
16 | administrative decisions of the Department are subject to
| ||||||
17 | judicial review pursuant to the provisions of the | ||||||
18 | Administrative
Review Law , as now or hereafter amended, and all | ||||||
19 | rules adopted
pursuant to that Law . The term "administrative | ||||||
20 | decision" is defined
as in Section 3-101 of the Code of Civil | ||||||
21 | Procedure.
| ||||||
22 | Proceedings for judicial review shall be commenced in the | ||||||
23 | circuit
court of the county in which the party applying for | ||||||
24 | relief
resides, but if the party is not a resident of this |
| |||||||
| |||||||
1 | State, the
venue shall be in Sangamon County.
| ||||||
2 | The Department shall not be required to certify any record | ||||||
3 | to the court or file any answer in court or otherwise appear in | ||||||
4 | any court in a judicial review proceeding, unless and until the | ||||||
5 | Department has received from the plaintiff payment of the costs | ||||||
6 | of furnishing and certifying the record, which costs shall be | ||||||
7 | determined by the Department. Exhibits shall be certified | ||||||
8 | without cost. Failure on the part of the plaintiff to file a | ||||||
9 | receipt in court shall be grounds for dismissal of the action. | ||||||
10 | During the pendency and hearing of any and all judicial | ||||||
11 | proceedings incident to a disciplinary action, any sanctions | ||||||
12 | imposed upon the respondent by the Department because of acts | ||||||
13 | or omissions related to the delivery of direct patient care as | ||||||
14 | specified in the Department's final administrative decision | ||||||
15 | shall, as a matter of public policy, remain in full force and | ||||||
16 | effect in order to protect the public pending final resolution | ||||||
17 | of any of the proceedings. | ||||||
18 | (Source: P.A. 90-532, eff. 11-14-97 .)
| ||||||
19 | (225 ILCS 51/165)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
21 | Sec. 165. Illinois Administrative Procedure Act. The
| ||||||
22 | Illinois Administrative Procedure Act is hereby expressly | ||||||
23 | adopted
and incorporated in this Act as if all of the | ||||||
24 | provisions of that Act
were included in this Act, except that | ||||||
25 | the provision of
subsection (d) of Section 10-65 of the |
| |||||||
| |||||||
1 | Illinois Administrative
Procedure Act, which provides that at | ||||||
2 | hearings the license
holder has the right to show compliance | ||||||
3 | with all lawful
requirements for retention, continuation, or | ||||||
4 | renewal of
a license, is specifically excluded. For the | ||||||
5 | purposes of this
Act, the notice required under Section 10-25 | ||||||
6 | of the Illinois
Administrative Procedure Act is deemed | ||||||
7 | sufficient when served personally upon, mailed to
the last | ||||||
8 | known address of record of, or emailed to the email address of | ||||||
9 | record of a party.
| ||||||
10 | (Source: P.A. 90-532, eff. 11-14-97 .)
| ||||||
11 | (225 ILCS 51/185 new) | ||||||
12 | Sec. 185. Confidentiality. All information collected by | ||||||
13 | the Department in the course of an examination or investigation | ||||||
14 | of a licensee or applicant, including, but not limited to, any | ||||||
15 | complaint against a licensee filed with the Department and | ||||||
16 | information collected to investigate any such complaint, shall | ||||||
17 | be maintained for the confidential use of the Department and | ||||||
18 | shall not be disclosed. The Department may not disclose the | ||||||
19 | information to anyone other than law enforcement officials, | ||||||
20 | other regulatory agencies that have an appropriate regulatory | ||||||
21 | interest as determined by the Secretary, or to a party | ||||||
22 | presenting a lawful subpoena to the Department. Information and | ||||||
23 | documents disclosed to a federal, State, county, or local law | ||||||
24 | enforcement agency shall not be disclosed by the agency for any | ||||||
25 | purpose to any other agency or person. A formal complaint filed |
| |||||||
| |||||||
1 | against a licensee by the Department or any order issued by the | ||||||
2 | Department against a licensee or applicant shall be a public | ||||||
3 | record, except as otherwise prohibited by law.
| ||||||
4 | Section 15. The Podiatric Medical Practice Act of 1987 is | ||||||
5 | amended by changing Sections 3, 5, 7, 12, 14, 15, 19, 24, 26, | ||||||
6 | 27, 34, 36, 40, and 42 and by adding Sections 5.5 and 46 as | ||||||
7 | follows:
| ||||||
8 | (225 ILCS 100/3) (from Ch. 111, par. 4803)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 3. Exceptions. This Act does not prohibit:
| ||||||
11 | (A) Any person licensed in this State under the Medical | ||||||
12 | Practice Act of 1987 from engaging
in the
practice for | ||||||
13 | which he or she is licensed.
| ||||||
14 | (B) The practice of podiatric medicine by a person who | ||||||
15 | is
employed by the
United States government or any bureau, | ||||||
16 | division or agency thereof while in
the discharge of the | ||||||
17 | employee's official duties.
| ||||||
18 | (C) The practice of podiatric medicine that is
included | ||||||
19 | in
their program
of study by students enrolled in any | ||||||
20 | approved college of podiatric medicine
or in refresher | ||||||
21 | courses approved by the Department.
| ||||||
22 | (D) The practice of podiatric medicine by one who has | ||||||
23 | applied
in
writing or electronically to
the Department, in | ||||||
24 | form and substance satisfactory to the Department, for a
|
| |||||||
| |||||||
1 | license as a podiatric physician and has complied with all | ||||||
2 | the provisions
under Section 10 of this Act, except the | ||||||
3 | passing of an examination to be
eligible to receive such | ||||||
4 | license, until the decision of the Department
that the | ||||||
5 | applicant has failed to pass the next available examination
| ||||||
6 | authorized by the Department or has failed to take the next | ||||||
7 | available
examination authorized by the Department, or the | ||||||
8 | withdrawal of the
application.
| ||||||
9 | (E) The practice of podiatric medicine by one who is a
| ||||||
10 | podiatric
physician under the laws of another state, | ||||||
11 | territory of the United States
or country as described in | ||||||
12 | Section 18 of this Act, and has applied in
writing or | ||||||
13 | electronically to the Department, in form and substance | ||||||
14 | satisfactory to the
Department, for a license as a | ||||||
15 | podiatric physician and who is qualified to
receive such | ||||||
16 | license under Section 13 or Section 9, until:
| ||||||
17 | (1) the expiration of 6 months after the filing of | ||||||
18 | such written
application,
| ||||||
19 | (2) the withdrawal of such application, or
| ||||||
20 | (3) the denial of such application by the | ||||||
21 | Department.
| ||||||
22 | (F) The provision of emergency care without fee by a | ||||||
23 | podiatric
physician
assisting in an emergency as provided | ||||||
24 | in Section 4.
| ||||||
25 | An applicant for a license to practice podiatric medicine, | ||||||
26 | practicing
under the exceptions set forth in paragraphs (D) or |
| |||||||
| |||||||
1 | (E), may use the title
podiatric physician, podiatrist, doctor | ||||||
2 | of podiatric medicine, or chiropodist
as set forth in Section 5 | ||||||
3 | of this Act.
| ||||||
4 | (Source: P.A. 95-235, eff. 8-17-07; 95-738, eff. 1-1-09.)
| ||||||
5 | (225 ILCS 100/5) (from Ch. 111, par. 4805)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
7 | Sec. 5. Definitions. As used in this Act:
| ||||||
8 | (A) "Department" means the Department of Financial and
| ||||||
9 | Professional Regulation.
| ||||||
10 | (B) "Secretary" means the Secretary of Financial and | ||||||
11 | Professional Regulation.
| ||||||
12 | (C) "Board" means the Podiatric Medical Licensing Board | ||||||
13 | appointed
by
the Secretary.
| ||||||
14 | (D) "Podiatric medicine" or "podiatry" means the
| ||||||
15 | diagnosis, medical,
physical, or surgical treatment of the | ||||||
16 | ailments of the human foot, including amputations as defined in | ||||||
17 | this Section. "Podiatric medicine" or "podiatry" includes the | ||||||
18 | provision of topical and local anesthesia and moderate and deep | ||||||
19 | sedation, as defined by Department rule adopted under the | ||||||
20 | Medical Practice Act of 1987. For the purposes of this Act, the | ||||||
21 | terms podiatric medicine,
podiatry and chiropody have the same | ||||||
22 | definition.
| ||||||
23 | (E) "Human foot" means the ankle and soft tissue which | ||||||
24 | insert
into the
foot as well as the foot.
| ||||||
25 | (F) "Podiatric physician" means a physician licensed to |
| |||||||
| |||||||
1 | practice
podiatric medicine.
| ||||||
2 | (G) "Postgraduate training" means a minimum one-year one | ||||||
3 | year postdoctoral
structured and supervised educational | ||||||
4 | experience approved by the Council on
Podiatric Medical | ||||||
5 | Education of the American Podiatric Medical Association
which | ||||||
6 | includes residencies and preceptorships.
| ||||||
7 | (H) "Amputations" means amputations of the human foot, in | ||||||
8 | whole or in part, that are limited to 10 centimeters proximal | ||||||
9 | to the tibial talar articulation. | ||||||
10 | (I) "Email address of record" means the designated email | ||||||
11 | address recorded by the Department in the applicant's | ||||||
12 | application file or the licensee's license file, as maintained | ||||||
13 | by the Department's licensure maintenance unit. | ||||||
14 | (J) "Address of record" means the designated address | ||||||
15 | recorded by the Department in the applicant's or licensee's | ||||||
16 | application file or license file as maintained by the | ||||||
17 | Department's licensure maintenance unit. | ||||||
18 | (Source: P.A. 99-635, eff. 1-1-17 .)
| ||||||
19 | (225 ILCS 100/5.5 new) | ||||||
20 | Sec. 5.5. Address of record; email address of record. All | ||||||
21 | applicants and licensees shall: | ||||||
22 | (1) provide a valid address and email address to the | ||||||
23 | Department, which shall serve as the address of record and | ||||||
24 | email address of record, respectively, at the time of | ||||||
25 | application for licensure or renewal of a license; and |
| |||||||
| |||||||
1 | (2) inform the Department of any change of address of | ||||||
2 | record or email address of record within 14 days after such | ||||||
3 | change either through the Department's website or by | ||||||
4 | contacting the Department's licensure maintenance unit.
| ||||||
5 | (225 ILCS 100/7) (from Ch. 111, par. 4807)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
7 | Sec. 7. Creation of the Board. The Secretary shall appoint | ||||||
8 | a
Podiatric Medical Licensing Board as follows: 5 members must | ||||||
9 | be
actively engaged in the practice of podiatric medicine in | ||||||
10 | this State for a
minimum of 3 years and one member must be a | ||||||
11 | member of the general public who
is not licensed under this Act | ||||||
12 | or a similar Act of another jurisdiction.
| ||||||
13 | Members shall serve 3 year terms and serve until their | ||||||
14 | successors are
appointed and qualified. No member shall be | ||||||
15 | reappointed to the Board for a
term that would cause his or her | ||||||
16 | continuous service on the Board to be longer
than 8 successive | ||||||
17 | years.
| ||||||
18 | A majority of Board members currently appointed shall | ||||||
19 | constitute a quorum.
A vacancy in the membership of the Board | ||||||
20 | shall not impair the right of a quorum
to exercise the rights | ||||||
21 | and perform all of the duties of the Board.
| ||||||
22 | In making appointments to the Board the Secretary
shall | ||||||
23 | give due
consideration to recommendations by the Illinois | ||||||
24 | Podiatric Medical
Association and shall promptly give due | ||||||
25 | notice to the Illinois Podiatric
Medical Association of any |
| |||||||
| |||||||
1 | vacancy in the membership of the Board.
| ||||||
2 | Appointments to fill vacancies shall be made in the same | ||||||
3 | manner as
original appointments, for the unexpired portion of | ||||||
4 | the vacated term.
| ||||||
5 | The Board shall annually elect a chairperson and | ||||||
6 | vice-chairperson.
| ||||||
7 | The membership of the Board should reasonably reflect | ||||||
8 | representation from
the geographic areas in this State.
| ||||||
9 | Members of the Board shall have no liability be immune from | ||||||
10 | suit in any action based upon
any disciplinary proceedings or | ||||||
11 | other activity activities performed in good faith as
members of | ||||||
12 | the Board.
| ||||||
13 | The members of the Board may receive as compensation a | ||||||
14 | reasonable
sum as determined by the Secretary for each day | ||||||
15 | actually engaged in the
duties of the office, and all | ||||||
16 | legitimate and necessary expenses incurred in
attending the | ||||||
17 | meetings of the Board.
| ||||||
18 | The Secretary may terminate the appointment of any member | ||||||
19 | for cause that
in the opinion of the Secretary
reasonably | ||||||
20 | justifies such termination.
| ||||||
21 | The Secretary shall consider the recommendations of the | ||||||
22 | Board on questions
involving standards of professional | ||||||
23 | conduct, discipline, and qualifications
of candidates and | ||||||
24 | licensees under this Act.
| ||||||
25 | Notice of proposed rulemaking shall be transmitted to the | ||||||
26 | Board and the
Department shall review the response of the Board |
| |||||||
| |||||||
1 | and any recommendations
made in the response. The Department | ||||||
2 | may, at any time, seek the
expert advice and
knowledge of the | ||||||
3 | Board on any matter relating to the administration or
| ||||||
4 | enforcement of this Act.
| ||||||
5 | (Source: P.A. 95-235, eff. 8-17-07.)
| ||||||
6 | (225 ILCS 100/12) (from Ch. 111, par. 4812)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
8 | Sec. 12. Temporary license; qualifications and terms.
| ||||||
9 | (A) Podiatric physicians otherwise qualified for | ||||||
10 | licensure, with
the
exception of completion of their | ||||||
11 | postgraduate training and the
exception of the successful | ||||||
12 | completion of the written practical examination
required under | ||||||
13 | Section 10, may be granted a 3-year temporary license to
| ||||||
14 | practice podiatric medicine provided that the applicant can | ||||||
15 | demonstrate
that he or she has been accepted and is enrolled in | ||||||
16 | a recognized
postgraduate
training program during the period | ||||||
17 | for which the temporary license is
sought. Such temporary | ||||||
18 | licenses shall be valid for the duration of the program, not to | ||||||
19 | exceed 3 years, provided that the applicant continues in the | ||||||
20 | approved program and is in good standing at the practice site. | ||||||
21 | Such
applicants shall apply in writing or electronically on | ||||||
22 | those forms prescribed by the
Department and shall submit with | ||||||
23 | the application the required application
fee. Other | ||||||
24 | examination fees that may be required under Section 8
must
also | ||||||
25 | be paid by temporary licensees.
|
| |||||||
| |||||||
1 | (B) Application for visiting professor permits shall be | ||||||
2 | made to
the
Department in writing or electronically on forms | ||||||
3 | prescribed by the Department and be
accompanied by the required | ||||||
4 | fee. Requirements for a visiting professor permit issued under | ||||||
5 | this Section shall be determined by the Department by rule. | ||||||
6 | Visiting professor permits shall be valid
for one year from the | ||||||
7 | date of issuance or until such time as the faculty
appointment | ||||||
8 | is terminated, whichever occurs first, and may be renewed once.
| ||||||
9 | (Source: P.A. 99-225, eff. 1-1-16 .)
| ||||||
10 | (225 ILCS 100/14) (from Ch. 111, par. 4814)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 14. Continuing education requirement. Podiatric | ||||||
13 | physicians
licensed to practice in Illinois shall, as a | ||||||
14 | requirement for renewal of
license, complete continuing | ||||||
15 | education at the rate of at least 50 hours per
year. Such hours | ||||||
16 | shall be earned (1) from courses offered by
sponsors validated | ||||||
17 | by the Illinois Podiatric Medical Association Continuing
| ||||||
18 | Education Committee and approved by the Podiatric Medical
| ||||||
19 | Licensing Board; or (2) by continuing education activities as | ||||||
20 | defined in
the rules of the Department. Podiatric physicians | ||||||
21 | shall, at the request of
the Department, provide proof of | ||||||
22 | having met the requirements of continuing
education under this | ||||||
23 | Section. The Department shall by rule provide an
orderly | ||||||
24 | process for the restoration reinstatement of licenses which | ||||||
25 | have not been
renewed due to the licensee's failure to meet |
| |||||||
| |||||||
1 | requirements of this Section.
The requirements of continuing | ||||||
2 | education may be waived by the Secretary,
upon recommendation | ||||||
3 | by the Board, in whole or in part for such good cause,
| ||||||
4 | including but not limited to illness or
hardship, as defined by | ||||||
5 | the rules of the Department.
| ||||||
6 | The Department shall establish by rule a means for the | ||||||
7 | verification of
completion of the continuing education | ||||||
8 | required by this Section. This
verification may be accomplished | ||||||
9 | through audits of records maintained by
registrants; by | ||||||
10 | requiring the filing of continuing education certificates
with | ||||||
11 | the Department; or by other means established by the | ||||||
12 | Department.
| ||||||
13 | (Source: P.A. 95-235, eff. 8-17-07.)
| ||||||
14 | (225 ILCS 100/15) (from Ch. 111, par. 4815)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
16 | Sec. 15. Licenses; renewal; restoration; military
service. | ||||||
17 | (A) The expiration date and renewal period for each license
| ||||||
18 | issued
under
this Act shall be set by rule.
| ||||||
19 | (B) Any podiatric physician who has permitted his or her
| ||||||
20 | license to
expire or
who has had his license on inactive status | ||||||
21 | may have the license
restored
by making application to the | ||||||
22 | Department, providing proof of continuing
education, and | ||||||
23 | filing proof acceptable to the
Department of his or her fitness | ||||||
24 | to have the license restored,
which may include
evidence of | ||||||
25 | active lawful practice in another jurisdiction satisfactory
to |
| |||||||
| |||||||
1 | the Department and by paying the required restoration fee.
| ||||||
2 | (C) If the podiatric physician has not maintained an active
| ||||||
3 | practice in
another jurisdiction satisfactory to the | ||||||
4 | Department, the Podiatric Medical
Licensing Board shall | ||||||
5 | determine, by an evaluation program established by rule
his or | ||||||
6 | her fitness to resume active status and may require the | ||||||
7 | podiatric
physician
to complete an established period of | ||||||
8 | evaluated clinical experience and may
require successful | ||||||
9 | completion of the practical examination, as provided
by rule.
| ||||||
10 | (D) However, any podiatric physician whose license expired | ||||||
11 | while
he or
she was
(1) in Federal Service on active duty with | ||||||
12 | the Armed Forces of the United
States or the Veterans | ||||||
13 | Administration or the State Militia called into service
or | ||||||
14 | training, or (2) in training or education under the supervision | ||||||
15 | of the
United States preliminary to induction into the military | ||||||
16 | service, may have
the license renewed or restored without | ||||||
17 | paying any lapsed
renewal
fees
if within 2 years after | ||||||
18 | honorable termination of such service, training
or education, | ||||||
19 | except under conditions other than honorable, he or she
| ||||||
20 | furnished
the Department with satisfactory evidence to the | ||||||
21 | effect that he or she has
been so
engaged and that his or her | ||||||
22 | service, training or education has been
so terminated.
| ||||||
23 | (Source: P.A. 90-76, eff. 12-30-97 .)
| ||||||
24 | (225 ILCS 100/19) (from Ch. 111, par. 4819)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2018)
|
| |||||||
| |||||||
1 | Sec. 19. Disciplinary Fund. All fees and fines received by | ||||||
2 | the Department
under this Act shall be deposited in the | ||||||
3 | Illinois State Podiatric
Disciplinary Fund, a special fund | ||||||
4 | created hereunder in the State Treasury. Of
the moneys | ||||||
5 | deposited into the Illinois State Podiatric Disciplinary Fund, | ||||||
6 | during each 2-year renewal period, $200,000
of the money | ||||||
7 | received from the payment of renewal fees shall be used for
| ||||||
8 | podiatric scholarships and residency programs under the | ||||||
9 | Podiatric Scholarship
and Residency Act and the remainder shall | ||||||
10 | be appropriated to the Department for
expenses of the | ||||||
11 | Department and of the Podiatric Medical Licensing Board and for
| ||||||
12 | podiatric scholarships and residency programs under the | ||||||
13 | Podiatric Scholarship
and Residency Act.
| ||||||
14 | Moneys in the Illinois State Podiatric Disciplinary Fund | ||||||
15 | may be
invested and reinvested in investments authorized for | ||||||
16 | the investment of funds
of the State Employees' Retirement | ||||||
17 | System of Illinois.
| ||||||
18 | All earnings received from such investments shall be | ||||||
19 | deposited in the
Illinois State Podiatric Disciplinary Fund and | ||||||
20 | may be used for the
same purposes as fees deposited in such | ||||||
21 | fund.
| ||||||
22 | Moneys in the Fund may be transferred to the Professions | ||||||
23 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
24 | Department of
Professional Regulation Law (20 ILCS | ||||||
25 | 2105/2105-300).
| ||||||
26 | Moneys set aside for podiatric scholarships and residency |
| |||||||
| |||||||
1 | programs under the Podiatric Scholarship and Residency Act, as | ||||||
2 | provided for in this Section, may not be transferred under | ||||||
3 | Section 8h of the State Finance Act.
| ||||||
4 | Upon the completion of any audit of the Department as | ||||||
5 | prescribed by the
Illinois State Auditing Act which includes an | ||||||
6 | audit of the Illinois State
Podiatric Disciplinary Fund, the | ||||||
7 | Department shall make the audit
open to inspection by any | ||||||
8 | interested person.
| ||||||
9 | (Source: P.A. 94-726, eff. 1-20-06 .)
| ||||||
10 | (225 ILCS 100/24) (from Ch. 111, par. 4824)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
12 | Sec. 24. Grounds for disciplinary action.
The Department | ||||||
13 | may refuse to issue, may refuse to renew,
may refuse to | ||||||
14 | restore, may suspend, or may revoke any license, or may place
| ||||||
15 | on probation, reprimand or take other disciplinary or | ||||||
16 | non-disciplinary action as the
Department may deem proper, | ||||||
17 | including fines not to exceed $10,000
for each violation upon | ||||||
18 | anyone licensed under this Act for any of the
following | ||||||
19 | reasons:
| ||||||
20 | (1) Making a material misstatement in furnishing | ||||||
21 | information
to the
Department.
| ||||||
22 | (2) Violations of this Act, or of the rules adopted | ||||||
23 | under this Act or regulations
promulgated
hereunder .
| ||||||
24 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
25 | finding of guilt, jury verdict, or entry of judgment or |
| |||||||
| |||||||
1 | sentencing, including, but not limited to, convictions, | ||||||
2 | preceding sentences of supervision, conditional discharge, | ||||||
3 | or first offender probation, under the laws of any | ||||||
4 | jurisdiction of the United States that is (i) a felony or | ||||||
5 | (ii) a misdemeanor, an essential element of which is | ||||||
6 | dishonesty, or that is directly related to the practice of | ||||||
7 | the profession. Conviction of or entry of a plea of guilty | ||||||
8 | or nolo contendere to any crime that is a felony under the | ||||||
9 | laws of the United States or any state or territory of the | ||||||
10 | United States
that
is a misdemeanor, of which an essential
| ||||||
11 | element is
dishonesty, or of any crime that is directly | ||||||
12 | related to the
practice of the
profession.
| ||||||
13 | (4) Making any misrepresentation for the purpose of | ||||||
14 | obtaining
licenses, or
violating any provision of this Act | ||||||
15 | or the rules promulgated thereunder
pertaining to | ||||||
16 | advertising.
| ||||||
17 | (5) Professional incompetence.
| ||||||
18 | (6) Gross or repeated malpractice or negligence.
| ||||||
19 | (7) Aiding or assisting another person in violating any | ||||||
20 | provision
of this Act or rules.
| ||||||
21 | (8) Failing, within 30 days, to provide information in | ||||||
22 | response
to a written
request made by the Department.
| ||||||
23 | (9) Engaging in dishonorable, unethical or | ||||||
24 | unprofessional conduct
of a
character likely to deceive, | ||||||
25 | defraud or harm the public.
| ||||||
26 | (10) Habitual or excessive use of alcohol, narcotics, |
| |||||||
| |||||||
1 | stimulants
or other
chemical agent or drug that results in | ||||||
2 | the inability to practice
podiatric
medicine with | ||||||
3 | reasonable judgment, skill or safety.
| ||||||
4 | (11) Discipline by another United States jurisdiction | ||||||
5 | if at
least one of
the grounds for the discipline is the | ||||||
6 | same or substantially equivalent to
those set forth in this | ||||||
7 | Section.
| ||||||
8 | (12) Violation of the prohibition against fee | ||||||
9 | splitting in Section 24.2 of this Act.
| ||||||
10 | (13) A finding by the Podiatric Medical Licensing Board | ||||||
11 | that the
licensee,
after having his
or her
license placed | ||||||
12 | on probationary status, has violated the
terms of | ||||||
13 | probation.
| ||||||
14 | (14) Abandonment of a patient.
| ||||||
15 | (15) Willfully making or filing false records or | ||||||
16 | reports in his
or her practice,
including but not limited | ||||||
17 | to false records filed with state agencies or
departments.
| ||||||
18 | (16) Willfully failing to report an instance of | ||||||
19 | suspected child
abuse or
neglect as required by the Abused | ||||||
20 | and Neglected Child Report Act.
| ||||||
21 | (17) Physical illness, mental illness, or other | ||||||
22 | impairment, including , but not limited to,
deterioration | ||||||
23 | through
the aging process, or loss of motor skill
that | ||||||
24 | results in the inability to
practice the profession with | ||||||
25 | reasonable judgment, skill or safety.
| ||||||
26 | (18) Solicitation of professional services other than |
| |||||||
| |||||||
1 | permitted
advertising.
| ||||||
2 | (19) The determination by a circuit court that a | ||||||
3 | licensed
podiatric
physician is subject to involuntary | ||||||
4 | admission or judicial admission as
provided in the Mental | ||||||
5 | Health and Developmental Disabilities Code
operates as an | ||||||
6 | automatic suspension.
Such suspension will end only upon a | ||||||
7 | finding by a court that the
patient is no longer subject to | ||||||
8 | involuntary admission or judicial admission
and issues an | ||||||
9 | order so finding and discharging the patient; and upon the
| ||||||
10 | recommendation of the Podiatric Medical Licensing Board to | ||||||
11 | the Secretary
that the licensee be allowed to resume his or | ||||||
12 | her practice.
| ||||||
13 | (20) Holding oneself out to treat human ailments under | ||||||
14 | any name
other
than his or her own, or the impersonation of | ||||||
15 | any other physician.
| ||||||
16 | (21) Revocation or suspension or other action taken | ||||||
17 | with
respect to a podiatric medical license in
another | ||||||
18 | jurisdiction that would constitute disciplinary action | ||||||
19 | under this
Act.
| ||||||
20 | (22) Promotion of the sale of drugs, devices, | ||||||
21 | appliances or
goods
provided for a patient in such manner | ||||||
22 | as to exploit the patient for
financial gain of the | ||||||
23 | podiatric physician.
| ||||||
24 | (23) Gross, willful, and continued overcharging for | ||||||
25 | professional
services
including filing false statements | ||||||
26 | for collection of fees for those
services, including, but |
| |||||||
| |||||||
1 | not limited to, filing false statement for
collection of | ||||||
2 | monies for services not rendered from the medical | ||||||
3 | assistance
program of the Department of Healthcare and | ||||||
4 | Family Services (formerly
Department of Public Aid) under | ||||||
5 | the Illinois Public Aid Code
or other private or public | ||||||
6 | third party payor.
| ||||||
7 | (24) Being named as a perpetrator in an indicated | ||||||
8 | report by the
Department of Children and Family Services | ||||||
9 | under the Abused and
Neglected Child Reporting Act, and | ||||||
10 | upon
proof by clear and convincing evidence that the | ||||||
11 | licensee has caused a child
to be an abused child or | ||||||
12 | neglected child as defined in the Abused and
Neglected | ||||||
13 | Child Reporting Act.
| ||||||
14 | (25) Willfully making or filing false records or | ||||||
15 | reports in the
practice of podiatric medicine, including, | ||||||
16 | but not limited to, false
records to support claims against | ||||||
17 | the medical assistance program of the
Department of | ||||||
18 | Healthcare and Family Services (formerly Department of | ||||||
19 | Public Aid) under the Illinois Public Aid Code.
| ||||||
20 | (26) (Blank).
| ||||||
21 | (27) Immoral conduct in the commission of any act
| ||||||
22 | including,
sexual
abuse, sexual misconduct, or sexual | ||||||
23 | exploitation, related to the licensee's
practice.
| ||||||
24 | (28) Violation of the Health Care Worker Self-Referral | ||||||
25 | Act.
| ||||||
26 | (29) Failure to report to the Department any adverse |
| |||||||
| |||||||
1 | final action taken
against him or her by another licensing | ||||||
2 | jurisdiction (another state or a
territory of the United | ||||||
3 | States or any a foreign state or country ) by a , any peer
| ||||||
4 | review
body, by any health care institution, any by a | ||||||
5 | professional society or association
related to practice | ||||||
6 | under this Act , any by a governmental agency, any by a law
| ||||||
7 | enforcement agency, or any by a court for acts or conduct | ||||||
8 | similar to acts or
conduct that would constitute grounds | ||||||
9 | for action as defined in this Section.
| ||||||
10 | (30) Willfully failing to report an instance of | ||||||
11 | suspected abuse, neglect, financial exploitation, or | ||||||
12 | self-neglect of an eligible adult as defined in and | ||||||
13 | required by the Adult Protective Services Act. | ||||||
14 | (31) Being named as a perpetrator in an indicated | ||||||
15 | report by the Department on Aging under the Adult | ||||||
16 | Protective Services Act, and upon proof by clear and | ||||||
17 | convincing evidence that the licensee has caused an | ||||||
18 | eligible adult to be abused, neglected, or financially | ||||||
19 | exploited as defined in the Adult Protective Services Act. | ||||||
20 | The Department may refuse to issue or may suspend the | ||||||
21 | license of any
person who fails to file a return, or to pay the | ||||||
22 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
23 | final assessment of tax, penalty or
interest, as required by | ||||||
24 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
25 | until such time as the requirements of any such tax
Act are | ||||||
26 | satisfied.
|
| |||||||
| |||||||
1 | Upon receipt of a written
communication from the Secretary | ||||||
2 | of Human Services, the Director of Healthcare and Family | ||||||
3 | Services (formerly Director of
Public Aid), or the Director of | ||||||
4 | Public Health that
continuation of practice of a person | ||||||
5 | licensed under
this Act constitutes an immediate danger to the | ||||||
6 | public, the Secretary may
immediately suspend
the license of | ||||||
7 | such person without a hearing. In instances in which the | ||||||
8 | Secretary immediately suspends a license under this Section, a | ||||||
9 | hearing upon
such person's license must be convened by the | ||||||
10 | Board within 15 days after
such suspension and completed | ||||||
11 | without appreciable delay, such hearing held
to determine | ||||||
12 | whether to recommend to the Secretary that the person's license
| ||||||
13 | be revoked, suspended, placed on probationary status or | ||||||
14 | restored reinstated , or such
person be subject to other | ||||||
15 | disciplinary action. In such hearing, the
written | ||||||
16 | communication and any other evidence submitted therewith may be
| ||||||
17 | introduced as evidence against such person; provided, however, | ||||||
18 | the person
or his counsel shall have the opportunity to | ||||||
19 | discredit or impeach such
evidence and submit evidence | ||||||
20 | rebutting the same.
| ||||||
21 | Except for fraud in procuring a license, all
proceedings to | ||||||
22 | suspend, revoke, place on probationary status, or take
any
| ||||||
23 | other disciplinary action as the Department may deem proper, | ||||||
24 | with regard to a
license on any of the foregoing grounds, must | ||||||
25 | be commenced within 5 years after
receipt by the Department of | ||||||
26 | a complaint alleging the commission of or notice
of the |
| |||||||
| |||||||
1 | conviction order for any of the acts described in this Section. | ||||||
2 | Except
for the grounds set forth in items (8), (9), (26), and | ||||||
3 | (29) of this Section, no action shall be commenced more than 10 | ||||||
4 | years after
the date of the incident or act alleged to have
| ||||||
5 | been a
violation of this Section.
In the event of the | ||||||
6 | settlement of any claim or cause of action in favor of
the | ||||||
7 | claimant or the reduction to final judgment of any civil action | ||||||
8 | in favor of
the plaintiff, such claim, cause of action, or | ||||||
9 | civil action being grounded on
the allegation that a person | ||||||
10 | licensed under this Act was negligent in providing
care, the | ||||||
11 | Department shall have an additional period of 2 years from the | ||||||
12 | date
of notification to the Department under Section 26 of this | ||||||
13 | Act of such
settlement or final judgment in which to | ||||||
14 | investigate and commence formal
disciplinary proceedings under | ||||||
15 | Section 24 of this Act, except as otherwise
provided by law.
| ||||||
16 | The
time during which the holder of the license was outside the | ||||||
17 | State of Illinois
shall not be included within any period of | ||||||
18 | time limiting the commencement of
disciplinary action by the | ||||||
19 | Department.
| ||||||
20 | In enforcing this Section, the Department or Board upon a | ||||||
21 | showing of a
possible
violation may compel an individual | ||||||
22 | licensed to practice under this Act, or
who has applied for | ||||||
23 | licensure under this Act, to submit
to a mental or physical | ||||||
24 | examination, or both, as required by and at the expense
of the | ||||||
25 | Department. The Department or Board may order the examining | ||||||
26 | physician to
present
testimony concerning the mental or |
| |||||||
| |||||||
1 | physical examination of the licensee or
applicant. No | ||||||
2 | information shall be excluded by reason of any common law or
| ||||||
3 | statutory privilege relating to communications between the | ||||||
4 | licensee or
applicant and the examining physician. The | ||||||
5 | examining
physicians
shall be specifically designated by the | ||||||
6 | Board or Department.
The individual to be examined may have, at | ||||||
7 | his or her own expense, another
physician of his or her choice | ||||||
8 | present during all
aspects of this examination. Failure of an | ||||||
9 | individual to submit to a mental
or
physical examination, when | ||||||
10 | directed, shall be grounds for suspension of his or
her
license | ||||||
11 | until the individual submits to the examination if the | ||||||
12 | Department
finds,
after notice and hearing, that the refusal to | ||||||
13 | submit to the examination was
without reasonable cause.
| ||||||
14 | If the Department or Board finds an individual unable to | ||||||
15 | practice because of
the
reasons
set forth in this Section, the | ||||||
16 | Department or Board may require that individual
to submit
to
| ||||||
17 | care, counseling, or treatment by physicians approved
or | ||||||
18 | designated by the Department or Board, as a condition, term, or | ||||||
19 | restriction
for continued,
restored reinstated , or
renewed | ||||||
20 | licensure to practice; or, in lieu of care, counseling, or | ||||||
21 | treatment,
the Department may file, or
the Board may recommend | ||||||
22 | to the Department to file, a complaint to immediately
suspend, | ||||||
23 | revoke, or otherwise discipline the license of the individual.
| ||||||
24 | An individual whose
license was granted, continued, restored | ||||||
25 | reinstated , renewed, disciplined or supervised
subject to such | ||||||
26 | terms, conditions, or restrictions, and who fails to comply
|
| |||||||
| |||||||
1 | with
such terms, conditions, or restrictions, shall be referred | ||||||
2 | to the Secretary for
a
determination as to whether the | ||||||
3 | individual shall have his or her license
suspended immediately, | ||||||
4 | pending a hearing by the Department.
| ||||||
5 | In instances in which the Secretary immediately suspends a | ||||||
6 | person's license
under this Section, a hearing on that person's | ||||||
7 | license must be convened by
the Department within 30 days after | ||||||
8 | the suspension and completed without
appreciable
delay.
The | ||||||
9 | Department and Board shall have the authority to review the | ||||||
10 | subject
individual's record of
treatment and counseling | ||||||
11 | regarding the impairment to the extent permitted by
applicable | ||||||
12 | federal statutes and regulations safeguarding the | ||||||
13 | confidentiality of
medical records.
| ||||||
14 | An individual licensed under this Act and affected under | ||||||
15 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
16 | the Department or Board that he or
she can resume
practice in | ||||||
17 | compliance with acceptable and prevailing standards under the
| ||||||
18 | provisions of his or her license.
| ||||||
19 | (Source: P.A. 96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10; | ||||||
20 | 97-813, eff. 7-13-12.)
| ||||||
21 | (225 ILCS 100/26) (from Ch. 111, par. 4826)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
23 | Sec. 26. Reports relating to professional conduct and | ||||||
24 | capacity.
| ||||||
25 | (A) The Board shall
by rule provide for the reporting to it |
| |||||||
| |||||||
1 | of all instances in which a
podiatric physician licensed under | ||||||
2 | this Act who is impaired by reason of
age, drug or alcohol | ||||||
3 | abuse or physical or mental impairment, is under
supervision | ||||||
4 | and, where appropriate, is in a program of rehabilitation.
| ||||||
5 | Reports shall be strictly confidential and may be reviewed and
| ||||||
6 | considered only by the members of the Board, or by authorized | ||||||
7 | staff of the
Department as provided by the rules of the Board. | ||||||
8 | Provisions shall be made
for the periodic report of the status | ||||||
9 | of any such podiatric physician not
less than twice annually in | ||||||
10 | order that the Board shall have current
information upon which | ||||||
11 | to determine the status of any such podiatric
physician. Such | ||||||
12 | initial and periodic reports of impaired physicians shall
not | ||||||
13 | be considered records within the meaning of the State Records | ||||||
14 | Act and
shall be disposed of, following a determination by the | ||||||
15 | Board that such
reports are no longer required, in a manner and | ||||||
16 | at such time as the Board
shall determine by rule. The filing | ||||||
17 | of such reports shall be construed as
the filing of a report | ||||||
18 | for the purposes of subsection (C) of this
Section.
Failure to | ||||||
19 | file a report under this Section shall be a Class A | ||||||
20 | misdemeanor.
| ||||||
21 | (A-5) The following persons and entities shall report to | ||||||
22 | the Department or the Board in the instances and under the | ||||||
23 | conditions set forth in this subsection (A-5):
| ||||||
24 | (1) Any administrator or officer of
any
hospital, | ||||||
25 | nursing home or other health care agency or facility who | ||||||
26 | has
knowledge of any action or condition which reasonably |
| |||||||
| |||||||
1 | indicates to him or
her
that a licensed podiatric physician | ||||||
2 | practicing in such hospital, nursing
home or other health | ||||||
3 | care agency or facility is habitually intoxicated or
| ||||||
4 | addicted to the use of habit forming drugs, or is otherwise | ||||||
5 | impaired, to
the extent that such intoxication, addiction, | ||||||
6 | or impairment
adversely
affects
such podiatric physician's | ||||||
7 | professional performance, or has knowledge that
reasonably | ||||||
8 | indicates to him or her that any podiatric physician | ||||||
9 | unlawfully
possesses, uses, distributes or converts | ||||||
10 | habit-forming drugs belonging to
the hospital, nursing | ||||||
11 | home or other health care agency or facility for such
| ||||||
12 | podiatric physician's own use or benefit, shall promptly | ||||||
13 | file a written
report thereof to the Department. The report | ||||||
14 | shall include the name of the
podiatric physician, the name | ||||||
15 | of the patient or patients involved, if any,
a brief | ||||||
16 | summary of the action, condition or occurrence that has
| ||||||
17 | necessitated the report, and any other information as the | ||||||
18 | Department may
deem necessary. The Department shall | ||||||
19 | provide forms on which such
reports shall be filed.
| ||||||
20 | (2) The president or chief
executive
officer
of any | ||||||
21 | association or society of podiatric physicians licensed | ||||||
22 | under this
Act, operating within this State shall report to | ||||||
23 | the Board when the
association or society renders a final | ||||||
24 | determination relating to the
professional competence or | ||||||
25 | conduct of the podiatric physician.
| ||||||
26 | (3) Every insurance company that
offers policies of |
| |||||||
| |||||||
1 | professional liability insurance to persons licensed
under | ||||||
2 | this Act, or any other entity that seeks to indemnify the
| ||||||
3 | professional liability of a podiatric physician licensed | ||||||
4 | under this Act,
shall report to the Board the settlement of | ||||||
5 | any claim or cause of action,
or final judgment rendered in | ||||||
6 | any cause of action that alleged negligence
in the | ||||||
7 | furnishing of medical care by such licensed person when | ||||||
8 | such
settlement or final judgement is in favor of the | ||||||
9 | plaintiff.
| ||||||
10 | (4) The State's Attorney of each county shall report
to | ||||||
11 | the Board all instances in which a person licensed under | ||||||
12 | this Act is
convicted or otherwise found guilty of the | ||||||
13 | commission of any felony.
| ||||||
14 | (5) All agencies, boards, commissions, departments, or | ||||||
15 | other
instrumentalities of the government of the State of | ||||||
16 | Illinois shall report
to the Board any instance arising in | ||||||
17 | connection with the operations of such
agency, including | ||||||
18 | the administration of any law by such agency, in which a
| ||||||
19 | podiatric physician licensed under this Act has either | ||||||
20 | committed an act or
acts that may be a violation of this | ||||||
21 | Act or that may constitute unprofessional
conduct related | ||||||
22 | directly to patient care or that indicates that a podiatric
| ||||||
23 | physician licensed under this Act may have a mental or | ||||||
24 | physical disability that may endanger patients under that | ||||||
25 | physician's care.
| ||||||
26 | (B) All reports required by this Act shall
be
submitted to |
| |||||||
| |||||||
1 | the Board in a timely fashion. The reports shall be filed in
| ||||||
2 | writing within 60 days after a determination that a report is | ||||||
3 | required
under this Act. All reports shall contain the | ||||||
4 | following information:
| ||||||
5 | (1) The name, address and telephone number of the | ||||||
6 | person making the
report.
| ||||||
7 | (2) The name, address and telephone number of the | ||||||
8 | podiatric physician
who is the subject of the report.
| ||||||
9 | (3) The name or other means of identification of any | ||||||
10 | patient or patients
whose treatment is a subject of the | ||||||
11 | report, provided, however, no medical
records may be | ||||||
12 | revealed without the written consent of the patient or | ||||||
13 | patients.
| ||||||
14 | (4) A brief description of the facts that gave rise to | ||||||
15 | the issuance of
the report, including the dates of any | ||||||
16 | occurrences deemed to necessitate
the filing of the report.
| ||||||
17 | (5) If court action is involved, the identity of the | ||||||
18 | court in which the
action is filed, along with the docket | ||||||
19 | number and date of filing of the action.
| ||||||
20 | (6) Any further pertinent information that the | ||||||
21 | reporting
party deems to be an aid in the evaluation of the | ||||||
22 | report.
| ||||||
23 | Nothing contained in this Section shall waive or modify the
| ||||||
24 | confidentiality of medical reports and committee reports to the | ||||||
25 | extent
provided by law. Any information reported or disclosed | ||||||
26 | shall be kept for
the confidential use of the Board, the |
| |||||||
| |||||||
1 | Board's attorneys, the investigative
staff and other | ||||||
2 | authorized Department staff, as provided in this Act, and
shall | ||||||
3 | be afforded the same status as is provided information | ||||||
4 | concerning
medical studies in Part 21 of Article VIII of the | ||||||
5 | Code of Civil Procedure.
| ||||||
6 | (C) Any individual or organization acting in
good faith, | ||||||
7 | and not in a willful and wanton manner, in complying with this
| ||||||
8 | Act by providing any report or other information to the Board, | ||||||
9 | or assisting
in the investigation or preparation of such | ||||||
10 | information, or by
participating in proceedings of the Board, | ||||||
11 | or by serving as a member of the
Board, shall not, as a result | ||||||
12 | of such actions, be subject to criminal
prosecution or civil | ||||||
13 | damages.
| ||||||
14 | (D) Members of the Board, the Board's attorneys, the
| ||||||
15 | investigative staff, other podiatric physicians retained under | ||||||
16 | contract to
assist and advise in the investigation, and other | ||||||
17 | authorized Department
staff shall be indemnified by the State | ||||||
18 | for any actions occurring within the
scope of services on the | ||||||
19 | Board, done in good faith and not willful and
wanton in nature. | ||||||
20 | The Attorney General shall defend all such actions unless
he or | ||||||
21 | she determines either that he or she would have a conflict of
| ||||||
22 | interest in such representation or that the actions complained | ||||||
23 | of were not in
good faith or were willful and wanton.
| ||||||
24 | Should the Attorney General decline representation, the | ||||||
25 | member shall have
the right to employ counsel of his or her | ||||||
26 | choice, whose fees shall be provided
by the State, after |
| |||||||
| |||||||
1 | approval by the Attorney General, unless there is a
| ||||||
2 | determination by a court that the member's actions were not in | ||||||
3 | good faith or
were willful wilful and wanton. The member must | ||||||
4 | notify the Attorney General within 7
days of receipt of notice | ||||||
5 | of the initiation of any action involving services
of the | ||||||
6 | Board. Failure to so notify the Attorney General shall | ||||||
7 | constitute an
absolute waiver of the right to a defense and | ||||||
8 | indemnification. The Attorney
General shall determine within 7 | ||||||
9 | days after receiving such notice, whether he
or she will | ||||||
10 | undertake to represent the member.
| ||||||
11 | (E) Upon the receipt of any report called for
by this Act, | ||||||
12 | other than those reports of impaired persons licensed under
| ||||||
13 | this Act required pursuant to the rules of the Board, the Board | ||||||
14 | shall
notify in writing, by certified mail or email , the | ||||||
15 | podiatric physician who is the
subject of the report. Such | ||||||
16 | notification shall be made within 30 days of
receipt by the | ||||||
17 | Board of the report.
| ||||||
18 | The notification shall include a written notice setting | ||||||
19 | forth the podiatric
physician's right to examine the report. | ||||||
20 | Included in such notification
shall be the address at which the | ||||||
21 | file is maintained, the name of the
custodian of the reports, | ||||||
22 | and the telephone number at which the custodian
may be reached. | ||||||
23 | The podiatric physician who is the subject of the report
shall | ||||||
24 | be permitted to submit a written statement responding, | ||||||
25 | clarifying,
adding to, or proposing the amending of the report | ||||||
26 | previously filed. The
statement shall become a permanent part |
| |||||||
| |||||||
1 | of the file and must be received by
the Board no more than 30 | ||||||
2 | days after the date on which the podiatric
physician was | ||||||
3 | notified of the existence of the original report.
| ||||||
4 | The Board shall review all reports received by it, together | ||||||
5 | with any
supporting information and responding statements | ||||||
6 | submitted by persons who
are the subject of reports. The review | ||||||
7 | by the Board shall be in a timely
manner but in no event shall | ||||||
8 | the Board's initial review of the material
contained in each | ||||||
9 | disciplinary file be less than 61 days nor more than 180
days | ||||||
10 | after the receipt of the initial report by the Board.
| ||||||
11 | When the Board makes its initial review of the materials | ||||||
12 | contained within
its disciplinary files the Board shall, in | ||||||
13 | writing, make a determination as
to whether there are | ||||||
14 | sufficient facts to warrant further investigation or
action. | ||||||
15 | Failure to make such determination within the time provided | ||||||
16 | shall
be deemed to be a determination that there are not | ||||||
17 | sufficient facts to
warrant further investigation or action.
| ||||||
18 | Should the Board find that there are not sufficient facts | ||||||
19 | to warrant
further investigation, or action, the report shall | ||||||
20 | be accepted for filing
and the matter shall be deemed closed | ||||||
21 | and so reported.
| ||||||
22 | The individual or entity filing the original report or | ||||||
23 | complaint and the
podiatric physician who is the subject of the | ||||||
24 | report or complaint shall be
notified in writing by the Board | ||||||
25 | of any final action on their report or
complaint.
| ||||||
26 | (F) The Board shall prepare on a timely basis, but in
no |
| |||||||
| |||||||
1 | event less than once every other month, a summary report of | ||||||
2 | final
disciplinary actions taken upon disciplinary files | ||||||
3 | maintained by the Board. The summary
reports shall be made | ||||||
4 | available on the Department's web site.
| ||||||
5 | (G) Any violation of this Section shall be a Class A | ||||||
6 | misdemeanor.
| ||||||
7 | (H) If any such podiatric physician violates
the provisions | ||||||
8 | of this Section, an action may be brought in the name of the
| ||||||
9 | People of the State of Illinois, through the Attorney General | ||||||
10 | of the State
of Illinois, for an order enjoining such violation | ||||||
11 | or for an order
enforcing compliance with this Section. Upon | ||||||
12 | filing of a verified petition
in such court, the court may | ||||||
13 | issue a temporary restraining order without
notice or bond and | ||||||
14 | may preliminarily or permanently enjoin such violation,
and if | ||||||
15 | it is established that such podiatric physician has violated or | ||||||
16 | is
violating the injunction, the Court may punish the offender | ||||||
17 | for contempt of
court. Proceedings under this paragraph shall | ||||||
18 | be in addition to, and not
in lieu of, all other remedies and | ||||||
19 | penalties provided for by this Section.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (225 ILCS 100/27) (from Ch. 111, par. 4827)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
23 | Sec. 27. Investigations; notice and hearing. The | ||||||
24 | Department may investigate the actions of any applicant or of | ||||||
25 | any
person
or persons holding or claiming to hold a license. |
| |||||||
| |||||||
1 | The Department shall,
before suspending, revoking, placing on | ||||||
2 | probationary status or taking any
other disciplinary action as | ||||||
3 | the Department may deem proper with regard
to any licensee, at | ||||||
4 | least 30 days prior to the date set for the hearing,
notify the | ||||||
5 | accused in writing of any charges made and the time and place
| ||||||
6 | for a hearing of the charges before the Board, direct him or | ||||||
7 | her to file
his or
her written
answer thereto to the Board | ||||||
8 | under oath within 20 days after the service
on him or her of | ||||||
9 | such notice and inform her or him that if he or she fails
to
| ||||||
10 | file such
answer
default will be taken against him or her and | ||||||
11 | his or her license may be
revoked,
suspended, placed
on | ||||||
12 | probationary status, or subject to other disciplinary action, | ||||||
13 | including
limiting
the scope, nature, or extent of his or her | ||||||
14 | practice as the Department may
deem proper.
| ||||||
15 | In case the accused person, after receiving notice fails to | ||||||
16 | file an
answer, his or her license may, in the discretion of | ||||||
17 | the Secretary having
received
the recommendation of the Board, | ||||||
18 | be suspended, revoked, or placed on
probationary status or the | ||||||
19 | Secretary may take whatever disciplinary action
as he or she | ||||||
20 | may deem proper including limiting the scope, nature, or extent
| ||||||
21 | of the
accused person's practice without a hearing if the act | ||||||
22 | or acts charged
constitute sufficient grounds for such action | ||||||
23 | under this Act.
| ||||||
24 | Written or electronic Such written
notice may be served by | ||||||
25 | personal delivery , or certified or registered
mail , or email to | ||||||
26 | the applicant or licensee respondent at his or her the address |
| |||||||
| |||||||
1 | of on record or email address of record with
the Department . At | ||||||
2 | the time and placed fixed in the notice, the Board shall
| ||||||
3 | proceed to hear the charges
and the parties or their counsel | ||||||
4 | shall be accorded ample opportunity
to present such statements, | ||||||
5 | testimony, evidence and argument as may
be pertinent to the | ||||||
6 | charges or to the defense thereto. The Board
may continue such | ||||||
7 | hearing from time to time.
| ||||||
8 | (Source: P.A. 95-235, eff. 8-17-07.)
| ||||||
9 | (225 ILCS 100/34) (from Ch. 111, par. 4834)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
11 | Sec. 34. Appointment of a hearing officer. The | ||||||
12 | Notwithstanding the
provisions of Section 32 of this Act, the | ||||||
13 | Secretary has
shall have the authority to appoint any attorney | ||||||
14 | duly licensed to practice
law in the State of Illinois to serve | ||||||
15 | as the hearing officer in any action
for refusal to issue, | ||||||
16 | restore, or renew a license or discipline of a license.
| ||||||
17 | The Secretary shall notify the Board of any such | ||||||
18 | appointment. The hearing
officer shall have full authority to | ||||||
19 | conduct the hearing. The hearing officer
shall report his or | ||||||
20 | her findings of fact, conclusions of law and
recommendations
to | ||||||
21 | the Board and the Secretary. The Board shall review the report | ||||||
22 | of the hearing officer and present their
findings of fact, | ||||||
23 | conclusions of law and recommendations to the
Secretary. If the | ||||||
24 | Board
fails to present its report, the Secretary may
issue an | ||||||
25 | order based on the report of the hearing officer. If the |
| |||||||
| |||||||
1 | Secretary
disagrees in any regard with the report of the Board | ||||||
2 | or hearing officer, he
or she
may issue an order in | ||||||
3 | contravention of the Board's report thereof. The Secretary | ||||||
4 | shall provide an explanation to the Board on any such | ||||||
5 | deviation, and shall specify
with particularity the reasons for | ||||||
6 | such action in the final order .
| ||||||
7 | (Source: P.A. 95-235, eff. 8-17-07.)
| ||||||
8 | (225 ILCS 100/36) (from Ch. 111, par. 4836)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 36. Restoration of suspended or revoked license. At
| ||||||
11 | any time after the suspension or revocation of any license, the | ||||||
12 | Department
may restore it to the accused person upon the | ||||||
13 | written recommendation of
the Board, unless after an | ||||||
14 | investigation and a hearing the Board
determines that | ||||||
15 | restoration is not in the public interest. No person whose | ||||||
16 | license has been revoked as authorized in this Act may apply | ||||||
17 | for restoration of that license until such time as provided for | ||||||
18 | in the Civil Administrative Code of Illinois.
| ||||||
19 | A license that has been suspended or revoked shall be | ||||||
20 | considered nonrenewed for purposes of restoration and a person | ||||||
21 | restoring his or her license from suspension or revocation must | ||||||
22 | comply with the requirements for restoration of a nonrenewed | ||||||
23 | license as set forth in Section 15 of this Act and any related | ||||||
24 | rules adopted. | ||||||
25 | (Source: P.A. 91-357, eff. 7-29-99 .)
|
| |||||||
| |||||||
1 | (225 ILCS 100/40) (from Ch. 111, par. 4840)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
3 | Sec. 40. Certification of record; costs. The Department | ||||||
4 | shall not
be required to certify any record
to the court or | ||||||
5 | file any answer in court or otherwise appear in any court
in a | ||||||
6 | judicial review proceeding, unless and until the Department has | ||||||
7 | received from the plaintiff there is filed in the court, with
| ||||||
8 | the complaint, a receipt from the Department acknowledging | ||||||
9 | payment of the
costs of furnishing and certifying the record , | ||||||
10 | which costs shall be determined by the Department. Exhibits | ||||||
11 | shall be certified without cost . Failure on the
part of the | ||||||
12 | plaintiff to file a receipt in court shall be grounds
for
| ||||||
13 | dismissal of the action.
| ||||||
14 | (Source: P.A. 87-1031 .)
| ||||||
15 | (225 ILCS 100/42) (from Ch. 111, par. 4842)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
17 | Sec. 42. Illinois Administrative Procedure Act. The | ||||||
18 | Illinois Administrative Procedure
Act is hereby expressly | ||||||
19 | adopted and incorporated herein as if all of the
provisions of | ||||||
20 | that Act were included in this Act, except that the provision | ||||||
21 | of
subsection (d) of Section 10-65 of the Illinois | ||||||
22 | Administrative Procedure Act
that provides that at hearings the | ||||||
23 | licensee has the right to show compliance
with all lawful | ||||||
24 | requirements for retention, continuation or renewal of the
|
| |||||||
| |||||||
1 | license is specifically excluded. For the purpose of this Act | ||||||
2 | the notice
required under Section 10-25 of the Illinois | ||||||
3 | Administrative Procedure Act is deemed
sufficient when mailed | ||||||
4 | or emailed to the last known address of record or email address | ||||||
5 | of record a party .
| ||||||
6 | (Source: P.A. 88-45 .)
| ||||||
7 | (225 ILCS 100/46 new) | ||||||
8 | Sec. 46. Confidentiality. All information collected by the | ||||||
9 | Department in the course of an examination or investigation of | ||||||
10 | a licensee, registrant, or applicant, including, but not | ||||||
11 | limited to, any complaint against a licensee or registrant | ||||||
12 | filed with the Department and information collected to | ||||||
13 | investigate any such complaint, shall be maintained for the | ||||||
14 | confidential use of the Department and shall not be disclosed. | ||||||
15 | The Department may not disclose the information to anyone other | ||||||
16 | than law enforcement officials, other regulatory agencies that | ||||||
17 | have an appropriate regulatory interest as determined by the | ||||||
18 | Secretary, or a party presenting a lawful subpoena to the | ||||||
19 | Department. Information and documents disclosed to a federal, | ||||||
20 | State, county, or local law enforcement agency shall not be | ||||||
21 | disclosed by the agency for any purpose to any other agency or | ||||||
22 | person. A formal complaint filed against a licensee or | ||||||
23 | registrant by the Department or any order issued by the | ||||||
24 | Department against a licensee, registrant, or applicant shall | ||||||
25 | be a public record, except as otherwise prohibited by law.
|
| |||||||
| |||||||
1 | (225 ILCS 100/20 rep.) | ||||||
2 | Section 20. The Podiatric Medical Practice Act of 1987 is | ||||||
3 | amended by repealing Section 20.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|