Bill Text: IL SB0772 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 12-0)

Status: (Passed) 2017-12-13 - Public Act . . . . . . . . . 100-0564 [SB0772 Detail]

Download: Illinois-2017-SB0772-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB0772 Introduced 2/1/2017, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
See Index
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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.

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(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.38 new)
Sec. 4.38. Act repealed on January 1, 2028. The following
Act is repealed on January 1, 2028:
The Podiatric Medical Practice Act of 1987.
Section 10. The Podiatric Medical Practice Act of 1987 is
amended by changing Sections 3, 5, 7, 12, 14, 15, 19, 24, 26,
27, 34, 36, 40, and 42 and by adding Sections 5.5 and 46 as
follows:
(225 ILCS 100/3) (from Ch. 111, par. 4803)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Exceptions. This Act does not prohibit:
(A) Any person licensed in this State under the Medical
Practice Act of 1987 from engaging in the practice for
which he or she is licensed.
(B) The practice of podiatric medicine by a person who
is employed by the United States government or any bureau,
division or agency thereof while in the discharge of the
employee's official duties.

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

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

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

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

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

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

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

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

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

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

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may be used for the same purposes as fees deposited in such
fund.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law (20 ILCS
2105/2105-300).
Moneys set aside for podiatric scholarships and residency
programs under the Podiatric Scholarship and Residency Act, as
provided for in this Section, may not be transferred under
Section 8h of the State Finance Act.
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act which includes an
audit of the Illinois State Podiatric Disciplinary Fund, the
Department shall make the audit open to inspection by any
interested person.
(Source: P.A. 94-726, eff. 1-20-06.)
(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

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reasons:
(1) Making a material misstatement in furnishing
information to the Department.
(2) Violations of this Act, or of the rules adopted
under this Act or regulations promulgated hereunder.
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is
dishonesty, or that is directly related to the practice of
the profession. 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 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

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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.
(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

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and Neglected Child Report Act.
(17) Physical illness, mental illness, or other
impairment, including, but not limited to, deterioration
through the aging process, or loss of motor skill that
results in the inability to practice the profession with
reasonable judgment, skill or safety.
(18) Solicitation of professional services other than
permitted advertising.
(19) The determination by a circuit court that a
licensed podiatric physician is subject to involuntary
admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission and issues an
order so finding and discharging the patient; and upon the
recommendation of the Podiatric Medical Licensing Board to
the Secretary 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.

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

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(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
final action taken against him or her by another licensing
jurisdiction (another state or a territory of the United
States or any a foreign state or country) by a , any peer
review body, by any health care institution, any by a
professional society or association related to practice
under this Act, any by a governmental agency, any by a law
enforcement agency, or any by a court for acts or conduct
similar to acts or conduct that would constitute grounds
for action as defined in this Section.
(30) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(31) Being named as a perpetrator in an indicated
report by the Department on Aging under the Adult
Protective Services Act, and upon proof by clear and
convincing evidence that the licensee has caused an
eligible adult to be abused, neglected, or financially
exploited as defined in the Adult Protective Services Act.

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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
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
restored 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

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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
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.

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

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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, restored
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
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. 96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10;

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97-813, eff. 7-13-12.)
(225 ILCS 100/26) (from Ch. 111, par. 4826)
(Section scheduled to be repealed on January 1, 2018)
Sec. 26. Reports relating to professional conduct and
capacity.
(A) The Board shall by rule provide for the reporting to it
of all instances in which a podiatric physician licensed under
this Act who is impaired by reason of age, drug or alcohol
abuse or physical or mental impairment, is under supervision
and, where appropriate, is in a program of rehabilitation.
Reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board, or by authorized
staff of the Department as provided by the rules of the Board.
Provisions shall be made for the periodic report of the status
of any such podiatric physician not less than twice annually in
order that the Board shall have current information upon which
to determine the status of any such podiatric physician. Such
initial and periodic reports of impaired physicians shall not
be considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by the
Board that such reports are no longer required, in a manner and
at such time as the Board shall determine by rule. The filing
of such reports shall be construed as the filing of a report
for the purposes of subsection (C) of this Section. Failure to
file a report under this Section shall be a Class A

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

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

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

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

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

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

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

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

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

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

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

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

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Department. Information and documents disclosed to a federal,
State, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee or
registrant by the Department or any order issued by the
Department against a licensee, registrant, or applicant shall
be a public record, except as otherwise prohibited by law.
(225 ILCS 100/20 rep.)
(225 ILCS 100/39 rep.)
Section 15. The Podiatric Medical Practice Act of 1987 is
amended by repealing Sections 20 and 39.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance