Bill Text: IL HB5991 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Podiatric Medical Practice Act of 1987. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-07-21 - Public Act . . . . . . . . . 96-1158 [HB5991 Detail]

Download: Illinois-2009-HB5991-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 24 and adding Section 24.2 as
follows:
(225 ILCS 100/24) (from Ch. 111, par. 4824)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24. Grounds for disciplinary action. The Department
may refuse to issue, may refuse to renew, may refuse to
restore, may suspend, or may revoke any license, or may place
on probation, reprimand or take other disciplinary or
non-disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation upon
anyone licensed under this Act for any of the following
reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violations of this Act, or of the rules or
regulations promulgated hereunder.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory of the United

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States that is a misdemeanor, of which an essential element
is dishonesty, or of any crime that is directly related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or the rules promulgated thereunder pertaining to
advertising.
(5) Professional incompetence.
(6) Gross or repeated malpractice or negligence.
(7) Aiding or assisting another person in violating any
provision of this Act or rules.
(8) Failing, within 30 days, to provide information in
response to a written request made by the Department.
(9) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(10) Habitual or excessive use of alcohol, narcotics,
stimulants or other chemical agent or drug that results in
the inability to practice podiatric medicine with
reasonable judgment, skill or safety.
(11) Discipline by another United States jurisdiction
if at least one of the grounds for the discipline is the
same or substantially equivalent to those set forth in this
Section.
(12) Violation of the prohibition against fee
splitting in Section 24.2 of this Act. Directly or

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indirectly giving to or receiving from any person, firm,
corporation, partnership or association any fee,
commission, rebate or other form of compensation for any
professional services not actually or personally rendered.
This shall not be deemed to include rent or other
remunerations paid to an individual, partnership, or
corporation, by a licensee, for the lease, rental or use of
space, owned or controlled, by the individual, partnership
or corporation.
(13) A finding by the Podiatric Medical Licensing Board
that the licensee, after having his or her license placed
on probationary status, has violated the terms of
probation.
(14) Abandonment of a patient.
(15) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with state agencies or departments.
(16) Willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused
and Neglected Child Report Act.
(17) Physical illness, mental illness, or other
impairment, including but not limited to, deterioration
through the aging process, or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(18) Solicitation of professional services other than

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permitted advertising.
(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Podiatric Medical Licensing Board to
the Secretary that the licensee be allowed to resume his or
her practice.
(20) Holding oneself out to treat human ailments under
any name other than his or her own, or the impersonation of
any other physician.
(21) Revocation or suspension or other action taken
with respect to a podiatric medical license in another
jurisdiction that would constitute disciplinary action
under this Act.
(22) Promotion of the sale of drugs, devices,
appliances or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
podiatric physician.
(23) Gross, willful, and continued overcharging for
professional services including filing false statements
for collection of fees for those services, including, but

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not limited to, filing false statement for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Illinois Public Aid Code or other private or public
third party payor.
(24) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(25) Willfully making or filing false records or
reports in the practice of podiatric medicine, including,
but not limited to, false records to support claims against
the medical assistance program of the Department of
Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(26) (Blank).
(27) Immoral conduct in the commission of any act
including, sexual abuse, sexual misconduct, or sexual
exploitation, related to the licensee's practice.
(28) Violation of the Health Care Worker Self-Referral
Act.
(29) Failure to report to the Department any adverse

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final action taken against him or her by another licensing
jurisdiction (another state or a territory of the United
States or a foreign state or country) by a peer review
body, by any health care institution, by a professional
society or association related to practice under this Act,
by a governmental agency, by a law enforcement agency, or
by a court for acts or conduct similar to acts or conduct
that would constitute grounds for action as defined in this
Section.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
Upon receipt of a written communication from the Secretary
of Human Services, the Director of Healthcare and Family
Services (formerly Director of Public Aid), or the Director of
Public Health that continuation of practice of a person
licensed under this Act constitutes an immediate danger to the
public, the Secretary may immediately suspend the license of
such person without a hearing. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Board within 15 days after such suspension and completed

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without appreciable delay, such hearing held to determine
whether to recommend to the Secretary that the person's license
be revoked, suspended, placed on probationary status or
reinstated, or such person be subject to other disciplinary
action. In such hearing, the written communication and any
other evidence submitted therewith may be introduced as
evidence against such person; provided, however, the person or
his counsel shall have the opportunity to discredit or impeach
such evidence and submit evidence rebutting the same.
Except for fraud in procuring a license, all proceedings to
suspend, revoke, place on probationary status, or take any
other disciplinary action as the Department may deem proper,
with regard to a license on any of the foregoing grounds, must
be commenced within 5 years after receipt by the Department of
a complaint alleging the commission of or notice of the
conviction order for any of the acts described in this Section.
Except for the grounds set forth in items (8), (9), (26), and
(29) of this Section, no action shall be commenced more than 10
years after the date of the incident or act alleged to have
been a violation of this Section. In the event of the
settlement of any claim or cause of action in favor of the
claimant or the reduction to final judgment of any civil action
in favor of the plaintiff, such claim, cause of action, or
civil action being grounded on the allegation that a person
licensed under this Act was negligent in providing care, the
Department shall have an additional period of 2 years from the

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date of notification to the Department under Section 26 of this
Act of such settlement or final judgment in which to
investigate and commence formal disciplinary proceedings under
Section 24 of this Act, except as otherwise provided by law.
The time during which the holder of the license was outside the
State of Illinois shall not be included within any period of
time limiting the commencement of disciplinary action by the
Department.
In enforcing this Section, the Department or Board upon a
showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the

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Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable

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federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
(225 ILCS 100/24.2 new)
(Section scheduled to be repealed on January 1, 2018)
Sec. 24.2. Prohibition against fee splitting.
(a) A licensee under this Act may not directly or
indirectly divide, share, or split any professional fee or
other form of compensation for professional services with
anyone in exchange for a referral or otherwise, other than as
provided in this Section 24.2.
(b) Nothing contained in this Section abrogates the right
of 2 or more licensed health care workers as defined in the
Health Care Worker Self-Referral Act to each receive adequate
compensation for concurrently rendering services to a patient
and to divide the fee for such service, whether or not the
worker is employed, provided that the patient has full
knowledge of the division and the division is made in
proportion to the actual services personally performed and
responsibility assumed by each licensee consistent with his or

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her license, except as prohibited by law.
(c) Nothing contained in this Section prohibits a licensee
under this Act from practicing podiatry through or within any
form of legal entity authorized to conduct business in this
State or from pooling, sharing, dividing, or apportioning the
professional fees and other revenues in accordance with the
agreements and policies of the entity provided:
(1) each owner of the entity is licensed under this
Act; or
(2) the entity is organized under the Professional
Services Corporation Act, the Professional Association
Act, or the Limited Liability Company Act; or
(3) the entity is allowed by Illinois law to provide
podiatry services or employ podiatrists such as a licensed
hospital or hospital affiliate or licensed ambulatory
surgical treatment center owned in full or in part by
Illinois-licensed physicians; or
(4) the entity is a combination or joint venture of the
entities authorized under this subsection (c).
(d) Nothing contained in this Section prohibits a licensee
under this Act from paying a fair market value fee to any
person or entity whose purpose is to perform billing,
administrative preparation, or collection services based upon
a percentage of professional service fees billed or collected,
a flat fee, or any other arrangement that directly or
indirectly divides professional fees, for the administrative

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preparation of the licensee's claims or the collection of the
licensee's charges for professional services, provided that:
(1) the licensee or the licensee's practice under
subsection (c) of this Section at all times controls the
amount of fees charged and collected; and
(2) all charges collected are paid directly to the
licensee or the licensee's practice or are deposited
directly into an account in the name of and under the sole
control of the licensee or the licensee's practice or
deposited into a "Trust Account" by a licensed collection
agency in accordance with the requirements of Section 8(c)
of the Illinois Collection Agency Act.
(e) Nothing contained in this Section prohibits the
granting of a security interest in the accounts receivable or
fees of a licensee under this Act or the licensee's practice
for bona fide advances made to the licensee or licensee's
practice provided the licensee retains control and
responsibility for the collection of the accounts receivable
and fees.
(f) Excluding payments that may be made to the owners of or
licensees in the licensee's practice under subsection (c) of
this Section, a licensee under this Act may not divide, share
or split a professional service fee with, or otherwise directly
or indirectly pay a percentage of the licensee's professional
service fees, revenues or profits to anyone for: (i) the
marketing or management of the licensee's practice, (ii)

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including the licensee or the licensee's practice on any
preferred provider list, (iii) allowing the licensee to
participate in any network of health care providers, (iv)
negotiating fees, charges or terms of service or payment on
behalf of the licensee, or (v) including the licensee in a
program whereby patients or beneficiaries are provided an
incentive to use the services of the licensee.
(g) Nothing contained in this Section prohibits the payment
of rent or other remunerations paid to an individual,
partnership, or corporation by a licensee for the lease,
rental, or use of space, owned or controlled by the individual,
partnership, corporation, or association.
(h) Nothing contained in this Section prohibits the
payment, at no more than fair market value, to an individual,
partnership, or corporation by a licensee for the use of staff,
administrative services, franchise agreements, marketing
required by franchise agreements, or equipment owned or
controlled by the individual, partnership, or corporation, or