Public Act 096-1158
 
HB5991 EnrolledLRB096 17723 ASK 33088 b



    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    (Section scheduled to be repealed on January 1, 2018)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 
    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 
    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 
    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 
    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 
    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 
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 
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 
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 
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 
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 
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) 
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.

Effective Date:  1/1/2011