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| Public Act 096-1158 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Podiatric Medical Practice Act of 1987 is | ||||
amended by changing Section 24 and adding Section 24.2 as | ||||
follows:
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(225 ILCS 100/24) (from Ch. 111, par. 4824)
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(Section scheduled to be repealed on January 1, 2018)
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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
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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:
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(1) Making a material misstatement in furnishing | ||||
information
to the
Department.
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(2) Violations of this Act, or of the rules or | ||||
regulations
promulgated
hereunder.
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(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 | ||||
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.
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(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.
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(5) Professional incompetence.
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(6) Gross or repeated malpractice or negligence.
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(7) Aiding or assisting another person in violating any | ||
provision
of this Act or rules.
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(8) Failing, within 30 days, to provide information in | ||
response
to a written
request made by the Department.
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(9) Engaging in dishonorable, unethical or | ||
unprofessional conduct
of a
character likely to deceive, | ||
defraud or harm the public.
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(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.
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(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.
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(12) Violation of the prohibition against fee | ||
splitting in Section 24.2 of this Act. Directly or | ||
indirectly giving to or receiving from any
person, firm,
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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
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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.
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(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.
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(14) Abandonment of a patient.
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(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.
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(16) Willfully failing to report an instance of | ||
suspected child
abuse or
neglect as required by the Abused | ||
and Neglected Child Report Act.
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(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.
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(18) Solicitation of professional services other than | ||
permitted
advertising.
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(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
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recommendation of the Podiatric Medical Licensing Board to | ||
the Secretary
that the licensee be allowed to resume his or | ||
her practice.
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(20) Holding oneself out to treat human ailments under | ||
any name
other
than his or her own, or the impersonation of | ||
any other physician.
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(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.
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(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.
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(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.
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(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).
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(27) Immoral conduct in the commission of any act
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including,
sexual
abuse, sexual misconduct, or sexual | ||
exploitation, related to the licensee's
practice.
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(28) Violation of the Health Care Worker Self-Referral | ||
Act.
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(29) Failure to report to the Department any adverse | ||
final action taken
against him or her by another licensing | ||
jurisdiction (another state or a
territory of the United | ||
States or a foreign state or country) by a peer
review
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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.
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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.
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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
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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.
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Except for fraud in procuring a license, all
proceedings to | ||
suspend, revoke, place on probationary status, or take
any
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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provisions of his or her license.
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(Source: P.A. 95-235, eff. 8-17-07; 95-331, eff. 8-21-07.)
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(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 | ||
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
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Act; or | ||
(2) the entity is organized under the Professional
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Services Corporation Act, the Professional Association | ||
Act, or the Limited Liability Company Act; or | ||
(3) the entity is allowed by Illinois law to provide
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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 | ||
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
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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
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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
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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) | ||
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 | ||
the receipt thereof by a licensee. | ||