Bill Text: IL HB3452 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Regulatory Sunset Act by extending the repeal date of the Podiatric Medical Practice Act of 1987 from January 1, 2018 to January 1, 2028. Amends the Podiatric Medical Practice Act of 1987. Defines "email address of record" and "address of record". 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 Financial and Professional Regulation of any change of address or email address through specified means. Makes changes in provisions concerning the Podiatric Medical Licensing Board, grounds for disciplinary action, appointment of a hearing officer, and certification of records. 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: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB3452 Detail]

Download: Illinois-2017-HB3452-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018: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
13Practice 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
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
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;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Podiatric Medical Practice Act of 1987.
10 Section 10. The Podiatric Medical Practice Act of 1987 is
11amended by changing Sections 3, 5, 7, 12, 14, 15, 19, 24, 26,
1227, 34, 36, 40, and 42 and by adding Sections 5.5 and 46 as
13follows:
14 (225 ILCS 100/3) (from Ch. 111, par. 4803)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 3. Exceptions. This Act does not prohibit:
17 (A) Any person licensed in this State under the Medical
18 Practice Act of 1987 from engaging in the practice for
19 which he or she is licensed.
20 (B) The practice of podiatric medicine by a person who
21 is employed by the United States government or any bureau,
22 division or agency thereof while in the discharge of the
23 employee's official duties.

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

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1 (3) the denial of such application by the
2 Department.
3 (F) The provision of emergency care without fee by a
4 podiatric physician assisting in an emergency as provided
5 in Section 4.
6 An applicant for a license to practice podiatric medicine,
7practicing under the exceptions set forth in paragraphs (D) or
8(E), may use the title podiatric physician, podiatrist, doctor
9of podiatric medicine, or chiropodist as set forth in Section 5
10of this Act.
11(Source: P.A. 95-235, eff. 8-17-07; 95-738, eff. 1-1-09.)
12 (225 ILCS 100/5) (from Ch. 111, par. 4805)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 5. Definitions. As used in this Act:
15 (A) "Department" means the Department of Financial and
16Professional Regulation.
17 (B) "Secretary" means the Secretary of Financial and
18Professional Regulation.
19 (C) "Board" means the Podiatric Medical Licensing Board
20appointed by the Secretary.
21 (D) "Podiatric medicine" or "podiatry" means the
22diagnosis, medical, physical, or surgical treatment of the
23ailments of the human foot, including amputations as defined in
24this Section. "Podiatric medicine" or "podiatry" includes the
25provision of topical and local anesthesia and moderate and deep

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1sedation, as defined by Department rule adopted under the
2Medical Practice Act of 1987. For the purposes of this Act, the
3terms podiatric medicine, podiatry and chiropody have the same
4definition.
5 (E) "Human foot" means the ankle and soft tissue which
6insert into the foot as well as the foot.
7 (F) "Podiatric physician" means a physician licensed to
8practice podiatric medicine.
9 (G) "Postgraduate training" means a minimum one-year one
10year postdoctoral structured and supervised educational
11experience approved by the Council on Podiatric Medical
12Education of the American Podiatric Medical Association which
13includes residencies and preceptorships.
14 (H) "Amputations" means amputations of the human foot, in
15whole or in part, that are limited to 10 centimeters proximal
16to the tibial talar articulation.
17 (I) "Email address of record" means the designated email
18address recorded by the Department in the applicant's
19application file or the licensee's license file, as maintained
20by the Department's licensure maintenance unit.
21 (J) "Address of record" means the designated address
22recorded by the Department in the applicant's or licensee's
23application file or license file as maintained by the
24Department's licensure maintenance unit.
25(Source: P.A. 99-635, eff. 1-1-17.)

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1 (225 ILCS 100/5.5 new)
2 Sec. 5.5. Address of record; email address of record. All
3applicants and licensees shall:
4 (1) provide a valid address and email address to the
5 Department, which shall serve as the address of record and
6 email address of record, respectively, at the time of
7 application for licensure or renewal of a license; and
8 (2) inform the Department of any change of address of
9 record or email address of record within 14 days after such
10 change either through the Department's website or by
11 contacting the Department's licensure maintenance unit.
12 (225 ILCS 100/7) (from Ch. 111, par. 4807)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 7. Creation of the Board. The Secretary shall appoint
15a Podiatric Medical Licensing Board as follows: 5 members must
16be actively engaged in the practice of podiatric medicine in
17this State for a minimum of 3 years and one member must be a
18member of the general public who is not licensed under this Act
19or a similar Act of another jurisdiction.
20 Members shall serve 3 year terms and serve until their
21successors are appointed and qualified. No member shall be
22reappointed to the Board for a term that would cause his or her
23continuous service on the Board to be longer than 8 successive
24years.
25 A majority of Board members currently appointed shall

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1constitute a quorum. A vacancy in the membership of the Board
2shall not impair the right of a quorum to exercise the rights
3and perform all of the duties of the Board.
4 In making appointments to the Board the Secretary shall
5give due consideration to recommendations by the Illinois
6Podiatric Medical Association and shall promptly give due
7notice to the Illinois Podiatric Medical Association of any
8vacancy in the membership of the Board.
9 Appointments to fill vacancies shall be made in the same
10manner as original appointments, for the unexpired portion of
11the vacated term.
12 The Board shall annually elect a chairperson and
13vice-chairperson.
14 The membership of the Board should reasonably reflect
15representation from the geographic areas in this State.
16 Members of the Board shall have no liability be immune from
17suit in any action based upon any disciplinary proceedings or
18other activity activities performed in good faith as members of
19the Board.
20 The members of the Board may receive as compensation a
21reasonable sum as determined by the Secretary for each day
22actually engaged in the duties of the office, and all
23legitimate and necessary expenses incurred in attending the
24meetings of the Board.
25 The Secretary may terminate the appointment of any member
26for cause that in the opinion of the Secretary reasonably

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1justifies such termination.
2 The Secretary shall consider the recommendations of the
3Board on questions involving standards of professional
4conduct, discipline, and qualifications of candidates and
5licensees under this Act.
6 Notice of proposed rulemaking shall be transmitted to the
7Board and the Department shall review the response of the Board
8and any recommendations made in the response. The Department
9may, at any time, seek the expert advice and knowledge of the
10Board on any matter relating to the administration or
11enforcement of this Act.
12(Source: P.A. 95-235, eff. 8-17-07.)
13 (225 ILCS 100/12) (from Ch. 111, par. 4812)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 12. Temporary license; qualifications and terms.
16 (A) Podiatric physicians otherwise qualified for
17licensure, with the exception of completion of their
18postgraduate training and the exception of the successful
19completion of the written practical examination required under
20Section 10, may be granted a 3-year temporary license to
21practice podiatric medicine provided that the applicant can
22demonstrate that he or she has been accepted and is enrolled in
23a recognized postgraduate training program during the period
24for which the temporary license is sought. Such temporary
25licenses shall be valid for the duration of the program, not to

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1exceed 3 years, provided that the applicant continues in the
2approved program and is in good standing at the practice site.
3Such applicants shall apply in writing or electronically on
4those forms prescribed by the Department and shall submit with
5the application the required application fee. Other
6examination fees that may be required under Section 8 must also
7be paid by temporary licensees.
8 (B) Application for visiting professor permits shall be
9made to the Department in writing or electronically on forms
10prescribed by the Department and be accompanied by the required
11fee. Requirements for a visiting professor permit issued under
12this Section shall be determined by the Department by rule.
13Visiting professor permits shall be valid for one year from the
14date of issuance or until such time as the faculty appointment
15is terminated, whichever occurs first, and may be renewed once.
16(Source: P.A. 99-225, eff. 1-1-16.)
17 (225 ILCS 100/14) (from Ch. 111, par. 4814)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 14. Continuing education requirement. Podiatric
20physicians licensed to practice in Illinois shall, as a
21requirement for renewal of license, complete continuing
22education at the rate of at least 50 hours per year. Such hours
23shall be earned (1) from courses offered by sponsors validated
24by the Illinois Podiatric Medical Association Continuing
25Education Committee and approved by the Podiatric Medical

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1Licensing Board; or (2) by continuing education activities as
2defined in the rules of the Department. Podiatric physicians
3shall, at the request of the Department, provide proof of
4having met the requirements of continuing education under this
5Section. The Department shall by rule provide an orderly
6process for the restoration reinstatement of licenses which
7have not been renewed due to the licensee's failure to meet
8requirements of this Section. The requirements of continuing
9education may be waived by the Secretary, upon recommendation
10by the Board, in whole or in part for such good cause,
11including but not limited to illness or hardship, as defined by
12the rules of the Department.
13 The Department shall establish by rule a means for the
14verification of completion of the continuing education
15required by this Section. This verification may be accomplished
16through audits of records maintained by registrants; by
17requiring the filing of continuing education certificates with
18the Department; or by other means established by the
19Department.
20(Source: P.A. 95-235, eff. 8-17-07.)
21 (225 ILCS 100/15) (from Ch. 111, par. 4815)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 15. Licenses; renewal; restoration; military service.
24 (A) The expiration date and renewal period for each license
25issued under this Act shall be set by rule.

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1 (B) Any podiatric physician who has permitted his or her
2license to expire or who has had his license on inactive status
3may have the license restored by making application to the
4Department, providing proof of continuing education, and
5filing proof acceptable to the Department of his or her fitness
6to have the license restored, which may include evidence of
7active lawful practice in another jurisdiction satisfactory to
8the Department and by paying the required restoration fee.
9 (C) If the podiatric physician has not maintained an active
10practice in another jurisdiction satisfactory to the
11Department, the Podiatric Medical Licensing Board shall
12determine, by an evaluation program established by rule his or
13her fitness to resume active status and may require the
14podiatric physician to complete an established period of
15evaluated clinical experience and may require successful
16completion of the practical examination, as provided by rule.
17 (D) However, any podiatric physician whose license expired
18while he or she was (1) in Federal Service on active duty with
19the Armed Forces of the United States or the Veterans
20Administration or the State Militia called into service or
21training, or (2) in training or education under the supervision
22of the United States preliminary to induction into the military
23service, may have the license renewed or restored without
24paying any lapsed renewal fees if within 2 years after
25honorable termination of such service, training or education,
26except under conditions other than honorable, he or she

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1furnished the Department with satisfactory evidence to the
2effect that he or she has been so engaged and that his or her
3service, training or education has been so terminated.
4(Source: P.A. 90-76, eff. 12-30-97.)
5 (225 ILCS 100/19) (from Ch. 111, par. 4819)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 19. Disciplinary Fund. All fees and fines received by
8the Department under this Act shall be deposited in the
9Illinois State Podiatric Disciplinary Fund, a special fund
10created hereunder in the State Treasury. Of the moneys
11deposited into the Illinois State Podiatric Disciplinary Fund,
12during each 2-year renewal period, $200,000 of the money
13received from the payment of renewal fees shall be used for
14podiatric scholarships and residency programs under the
15Podiatric Scholarship and Residency Act and the remainder shall
16be appropriated to the Department for expenses of the
17Department and of the Podiatric Medical Licensing Board and for
18podiatric scholarships and residency programs under the
19Podiatric Scholarship and Residency Act.
20 Moneys in the Illinois State Podiatric Disciplinary Fund
21may be invested and reinvested in investments authorized for
22the investment of funds of the State Employees' Retirement
23System of Illinois.
24 All earnings received from such investments shall be
25deposited in the Illinois State Podiatric Disciplinary Fund and

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1may be used for the same purposes as fees deposited in such
2fund.
3 Moneys in the Fund may be transferred to the Professions
4Indirect Cost Fund as authorized under Section 2105-300 of the
5Department of Professional Regulation Law (20 ILCS
62105/2105-300).
7 Moneys set aside for podiatric scholarships and residency
8programs under the Podiatric Scholarship and Residency Act, as
9provided for in this Section, may not be transferred under
10Section 8h of the State Finance Act.
11 Upon the completion of any audit of the Department as
12prescribed by the Illinois State Auditing Act which includes an
13audit of the Illinois State Podiatric Disciplinary Fund, the
14Department shall make the audit open to inspection by any
15interested person.
16(Source: P.A. 94-726, eff. 1-20-06.)
17 (225 ILCS 100/24) (from Ch. 111, par. 4824)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 24. Grounds for disciplinary action. The Department
20may refuse to issue, may refuse to renew, may refuse to
21restore, may suspend, or may revoke any license, or may place
22on probation, reprimand or take other disciplinary or
23non-disciplinary action as the Department may deem proper,
24including fines not to exceed $10,000 for each violation upon
25anyone licensed under this Act for any of the following

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1reasons:
2 (1) Making a material misstatement in furnishing
3 information to the Department.
4 (2) Violations of this Act, or of the rules adopted
5 under this Act or regulations promulgated hereunder.
6 (3) Conviction by plea of guilty or nolo contendere,
7 finding of guilt, jury verdict, or entry of judgment or
8 sentencing, including, but not limited to, convictions,
9 preceding sentences of supervision, conditional discharge,
10 or first offender probation, under the laws of any
11 jurisdiction of the United States that is (i) a felony or
12 (ii) a misdemeanor, an essential element of which is
13 dishonesty, or that is directly related to the practice of
14 the profession. Conviction of or entry of a plea of guilty
15 or nolo contendere to any crime that is a felony under the
16 laws of the United States or any state or territory of the
17 United States that is a misdemeanor, of which an essential
18 element is dishonesty, or of any crime that is directly
19 related to the practice of the profession.
20 (4) Making any misrepresentation for the purpose of
21 obtaining licenses, or violating any provision of this Act
22 or the rules promulgated thereunder pertaining to
23 advertising.
24 (5) Professional incompetence.
25 (6) Gross or repeated malpractice or negligence.
26 (7) Aiding or assisting another person in violating any

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1 provision of this Act or rules.
2 (8) Failing, within 30 days, to provide information in
3 response to a written request made by the Department.
4 (9) Engaging in dishonorable, unethical or
5 unprofessional conduct of a character likely to deceive,
6 defraud or harm the public.
7 (10) Habitual or excessive use of alcohol, narcotics,
8 stimulants or other chemical agent or drug that results in
9 the inability to practice podiatric medicine with
10 reasonable judgment, skill or safety.
11 (11) Discipline by another United States jurisdiction
12 if at least one of the grounds for the discipline is the
13 same or substantially equivalent to those set forth in this
14 Section.
15 (12) Violation of the prohibition against fee
16 splitting in Section 24.2 of this Act.
17 (13) A finding by the Podiatric Medical Licensing Board
18 that the licensee, after having his or her license placed
19 on probationary status, has violated the terms of
20 probation.
21 (14) Abandonment of a patient.
22 (15) Willfully making or filing false records or
23 reports in his or her practice, including but not limited
24 to false records filed with state agencies or departments.
25 (16) Willfully failing to report an instance of
26 suspected child abuse or neglect as required by the Abused

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1 and Neglected Child Report Act.
2 (17) Physical illness, mental illness, or other
3 impairment, including, but not limited to, deterioration
4 through the aging process, or loss of motor skill that
5 results in the inability to practice the profession with
6 reasonable judgment, skill or safety.
7 (18) Solicitation of professional services other than
8 permitted advertising.
9 (19) The determination by a circuit court that a
10 licensed podiatric physician is subject to involuntary
11 admission or judicial admission as provided in the Mental
12 Health and Developmental Disabilities Code operates as an
13 automatic suspension. Such suspension will end only upon a
14 finding by a court that the patient is no longer subject to
15 involuntary admission or judicial admission and issues an
16 order so finding and discharging the patient; and upon the
17 recommendation of the Podiatric Medical Licensing Board to
18 the Secretary that the licensee be allowed to resume his or
19 her practice.
20 (20) Holding oneself out to treat human ailments under
21 any name other than his or her own, or the impersonation of
22 any other physician.
23 (21) Revocation or suspension or other action taken
24 with respect to a podiatric medical license in another
25 jurisdiction that would constitute disciplinary action
26 under this Act.

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1 (22) Promotion of the sale of drugs, devices,
2 appliances or goods provided for a patient in such manner
3 as to exploit the patient for financial gain of the
4 podiatric physician.
5 (23) Gross, willful, and continued overcharging for
6 professional services including filing false statements
7 for collection of fees for those services, including, but
8 not limited to, filing false statement for collection of
9 monies for services not rendered from the medical
10 assistance program of the Department of Healthcare and
11 Family Services (formerly Department of Public Aid) under
12 the Illinois Public Aid Code or other private or public
13 third party payor.
14 (24) Being named as a perpetrator in an indicated
15 report by the Department of Children and Family Services
16 under the Abused and Neglected Child Reporting Act, and
17 upon proof by clear and convincing evidence that the
18 licensee has caused a child to be an abused child or
19 neglected child as defined in the Abused and Neglected
20 Child Reporting Act.
21 (25) Willfully making or filing false records or
22 reports in the practice of podiatric medicine, including,
23 but not limited to, false records to support claims against
24 the medical assistance program of the Department of
25 Healthcare and Family Services (formerly Department of
26 Public Aid) under the Illinois Public Aid Code.

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1 (26) (Blank).
2 (27) Immoral conduct in the commission of any act
3 including, sexual abuse, sexual misconduct, or sexual
4 exploitation, related to the licensee's practice.
5 (28) Violation of the Health Care Worker Self-Referral
6 Act.
7 (29) Failure to report to the Department any adverse
8 final action taken against him or her by another licensing
9 jurisdiction (another state or a territory of the United
10 States or any a foreign state or country) by a , any peer
11 review body, by any health care institution, any by a
12 professional society or association related to practice
13 under this Act, any by a governmental agency, any by a law
14 enforcement agency, or any by a court for acts or conduct
15 similar to acts or conduct that would constitute grounds
16 for action as defined in this Section.
17 (30) Willfully failing to report an instance of
18 suspected abuse, neglect, financial exploitation, or
19 self-neglect of an eligible adult as defined in and
20 required by the Adult Protective Services Act.
21 (31) Being named as a perpetrator in an indicated
22 report by the Department on Aging under the Adult
23 Protective Services Act, and upon proof by clear and
24 convincing evidence that the licensee has caused an
25 eligible adult to be abused, neglected, or financially
26 exploited as defined in the Adult Protective Services Act.

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1 The Department may refuse to issue or may suspend the
2license of any person who fails to file a return, or to pay the
3tax, penalty or interest shown in a filed return, or to pay any
4final assessment of tax, penalty or interest, as required by
5any tax Act administered by the Illinois Department of Revenue,
6until such time as the requirements of any such tax Act are
7satisfied.
8 Upon receipt of a written communication from the Secretary
9of Human Services, the Director of Healthcare and Family
10Services (formerly Director of Public Aid), or the Director of
11Public Health that continuation of practice of a person
12licensed under this Act constitutes an immediate danger to the
13public, the Secretary may immediately suspend the license of
14such person without a hearing. In instances in which the
15Secretary immediately suspends a license under this Section, a
16hearing upon such person's license must be convened by the
17Board within 15 days after such suspension and completed
18without appreciable delay, such hearing held to determine
19whether to recommend to the Secretary that the person's license
20be revoked, suspended, placed on probationary status or
21restored reinstated, or such person be subject to other
22disciplinary action. In such hearing, the written
23communication and any other evidence submitted therewith may be
24introduced as evidence against such person; provided, however,
25the person or his counsel shall have the opportunity to
26discredit or impeach such evidence and submit evidence

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

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

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1licensure to practice; or, in lieu of care, counseling, or
2treatment, the Department may file, or the Board may recommend
3to the Department to file, a complaint to immediately suspend,
4revoke, or otherwise discipline the license of the individual.
5An individual whose license was granted, continued, restored
6reinstated, renewed, disciplined or supervised subject to such
7terms, conditions, or restrictions, and who fails to comply
8with such terms, conditions, or restrictions, shall be referred
9to the Secretary for a determination as to whether the
10individual shall have his or her license suspended immediately,
11pending a hearing by the Department.
12 In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 30 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21 An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26(Source: P.A. 96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10;

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197-813, eff. 7-13-12.)
2 (225 ILCS 100/26) (from Ch. 111, par. 4826)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 26. Reports relating to professional conduct and
5capacity.
6 (A) The Board shall by rule provide for the reporting to it
7of all instances in which a podiatric physician licensed under
8this Act who is impaired by reason of age, drug or alcohol
9abuse or physical or mental impairment, is under supervision
10and, where appropriate, is in a program of rehabilitation.
11Reports shall be strictly confidential and may be reviewed and
12considered only by the members of the Board, or by authorized
13staff of the Department as provided by the rules of the Board.
14Provisions shall be made for the periodic report of the status
15of any such podiatric physician not less than twice annually in
16order that the Board shall have current information upon which
17to determine the status of any such podiatric physician. Such
18initial and periodic reports of impaired physicians shall not
19be considered records within the meaning of the State Records
20Act and shall be disposed of, following a determination by the
21Board that such reports are no longer required, in a manner and
22at such time as the Board shall determine by rule. The filing
23of such reports shall be construed as the filing of a report
24for the purposes of subsection (C) of this Section. Failure to
25file a report under this Section shall be a Class A

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

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

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

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

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

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

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1be accepted for filing and the matter shall be deemed closed
2and so reported.
3 The individual or entity filing the original report or
4complaint and the podiatric physician who is the subject of the
5report or complaint shall be notified in writing by the Board
6of any final action on their report or complaint.
7 (F) The Board shall prepare on a timely basis, but in no
8event less than once every other month, a summary report of
9final disciplinary actions taken upon disciplinary files
10maintained by the Board. The summary reports shall be made
11available on the Department's web site.
12 (G) Any violation of this Section shall be a Class A
13misdemeanor.
14 (H) If any such podiatric physician violates the provisions
15of this Section, an action may be brought in the name of the
16People of the State of Illinois, through the Attorney General
17of the State of Illinois, for an order enjoining such violation
18or for an order enforcing compliance with this Section. Upon
19filing of a verified petition in such court, the court may
20issue a temporary restraining order without notice or bond and
21may preliminarily or permanently enjoin such violation, and if
22it is established that such podiatric physician has violated or
23is violating the injunction, the Court may punish the offender
24for contempt of court. Proceedings under this paragraph shall
25be in addition to, and not in lieu of, all other remedies and
26penalties provided for by this Section.

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1(Source: P.A. 99-143, eff. 7-27-15.)
2 (225 ILCS 100/27) (from Ch. 111, par. 4827)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 27. Investigations; notice and hearing. The
5Department may investigate the actions of any applicant or of
6any person or persons holding or claiming to hold a license.
7The Department shall, before suspending, revoking, placing on
8probationary status or taking any other disciplinary action as
9the Department may deem proper with regard to any licensee, at
10least 30 days prior to the date set for the hearing, notify the
11accused in writing of any charges made and the time and place
12for a hearing of the charges before the Board, direct him or
13her to file his or her written answer thereto to the Board
14under oath within 20 days after the service on him or her of
15such notice and inform her or him that if he or she fails to
16file such answer default will be taken against him or her and
17his or her license may be revoked, suspended, placed on
18probationary status, or subject to other disciplinary action,
19including limiting the scope, nature, or extent of his or her
20practice as the Department may deem proper.
21 In case the accused person, after receiving notice fails to
22file an answer, his or her license may, in the discretion of
23the Secretary having received the recommendation of the Board,
24be suspended, revoked, or placed on probationary status or the
25Secretary may take whatever disciplinary action as he or she

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1may deem proper including limiting the scope, nature, or extent
2of the accused person's practice without a hearing if the act
3or acts charged constitute sufficient grounds for such action
4under this Act.
5 Written or electronic Such written notice may be served by
6personal delivery, or certified or registered mail, or email to
7the applicant or licensee respondent at his or her the address
8of on record or email address of record with the Department. At
9the time and placed fixed in the notice, the Board shall
10proceed to hear the charges and the parties or their counsel
11shall be accorded ample opportunity to present such statements,
12testimony, evidence and argument as may be pertinent to the
13charges or to the defense thereto. The Board may continue such
14hearing from time to time.
15(Source: P.A. 95-235, eff. 8-17-07.)
16 (225 ILCS 100/34) (from Ch. 111, par. 4834)
17 (Section scheduled to be repealed on January 1, 2018)
18 Sec. 34. Appointment of a hearing officer. The
19Notwithstanding the provisions of Section 32 of this Act, the
20Secretary has shall have the authority to appoint any attorney
21duly licensed to practice law in the State of Illinois to serve
22as the hearing officer in any action for refusal to issue,
23restore, or renew a license or discipline of a license.
24 The Secretary shall notify the Board of any such
25appointment. The hearing officer shall have full authority to

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1conduct the hearing. The hearing officer shall report his or
2her findings of fact, conclusions of law and recommendations to
3the Board and the Secretary. The Board shall review the report
4of the hearing officer and present their findings of fact,
5conclusions of law and recommendations to the Secretary. If the
6Board fails to present its report, the Secretary may issue an
7order based on the report of the hearing officer. If the
8Secretary disagrees in any regard with the report of the Board
9or hearing officer, he or she may issue an order in
10contravention of the Board's report thereof. The Secretary
11shall provide an explanation to the Board on any such
12deviation, and shall specify with particularity the reasons for
13such action in the final order.
14(Source: P.A. 95-235, eff. 8-17-07.)
15 (225 ILCS 100/36) (from Ch. 111, par. 4836)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 36. Restoration of suspended or revoked license. At
18any time after the suspension or revocation of any license, the
19Department may restore it to the accused person upon the
20written recommendation of the Board, unless after an
21investigation and a hearing the Board determines that
22restoration is not in the public interest. No person whose
23license has been revoked as authorized in this Act may apply
24for restoration of that license until such time as provided for
25in the Civil Administrative Code of Illinois.

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1 A license that has been suspended or revoked shall be
2considered nonrenewed for purposes of restoration and a person
3restoring his or her license from suspension or revocation must
4comply with the requirements for restoration of a nonrenewed
5license as set forth in Section 15 of this Act and any related
6rules adopted.
7(Source: P.A. 91-357, eff. 7-29-99.)
8 (225 ILCS 100/40) (from Ch. 111, par. 4840)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 40. Certification of record; costs. The Department
11shall not be required to certify any record to the court or
12file any answer in court or otherwise appear in any court in a
13judicial review proceeding, unless and until the Department has
14received from the plaintiff there is filed in the court, with
15the complaint, a receipt from the Department acknowledging
16payment of the costs of furnishing and certifying the record,
17which costs shall be determined by the Department. Exhibits
18shall be certified without cost. Failure on the part of the
19plaintiff to file a receipt in court shall be grounds for
20dismissal of the action.
21(Source: P.A. 87-1031.)
22 (225 ILCS 100/42) (from Ch. 111, par. 4842)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 42. Illinois Administrative Procedure Act. The

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1Illinois Administrative Procedure Act is hereby expressly
2adopted and incorporated herein as if all of the provisions of
3that Act were included in this Act, except that the provision
4of subsection (d) of Section 10-65 of the Illinois
5Administrative Procedure Act that provides that at hearings the
6licensee has the right to show compliance with all lawful
7requirements for retention, continuation or renewal of the
8license is specifically excluded. For the purpose of this Act
9the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11or emailed to the last known address of record or email address
12of record a party.
13(Source: P.A. 88-45.)
14 (225 ILCS 100/46 new)
15 Sec. 46. Confidentiality. All information collected by the
16Department in the course of an examination or investigation of
17a licensee, registrant, or applicant, including, but not
18limited to, any complaint against a licensee or registrant
19filed with the Department and information collected to
20investigate any such complaint, shall be maintained for the
21confidential use of the Department and shall not be disclosed.
22The Department may not disclose the information to anyone other
23than law enforcement officials, other regulatory agencies that
24have an appropriate regulatory interest as determined by the
25Secretary, or a party presenting a lawful subpoena to the

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1Department. Information and documents disclosed to a federal,
2State, county, or local law enforcement agency shall not be
3disclosed by the agency for any purpose to any other agency or
4person. A formal complaint filed against a licensee or
5registrant by the Department or any order issued by the
6Department against a licensee, registrant, or applicant shall
7be a public record, except as otherwise prohibited by law.
8 (225 ILCS 100/20 rep.)
9 Section 15. The Podiatric Medical Practice Act of 1987 is
10amended by repealing Section 20.
11 Section 99. Effective date. This Act takes effect upon
12becoming law.

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1 INDEX
2 Statutes amended in order of appearance