Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 100/ Podiatric Medical Practice Act of 1987.

225 ILCS 100/ Podiatric Medical Practice Act of 1987.

    (225 ILCS 100/1)(from Ch. 111, par. 4801)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. Declaration of Public Policy. The practice of podiatric medicine in the State of Illinois is declared to affect the public health, safety and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that podiatric physicians and the practice of podiatric medicine as defined in this Act, merit and receive the confidence of the public, that only qualified persons be authorized to practice podiatric medicine in the State of Illinois and that no person shall practice podiatric medicine without a valid existing license to do so. This Act shall be liberally construed to best carry out these subjects and purposes.
(Source: P.A. 85‑918.)

    (225 ILCS 100/2)(from Ch. 111, par. 4802)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 2. Short Title. This Act shall be known and may be cited as the Podiatric Medical Practice Act of 1987.
(Source: P.A. 85‑918.)

    (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    (Section scheduled to be repealed on January 1, 2018)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.
        (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 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 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
            (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 100/4)(from Ch. 111, par. 4804)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Exemption from civil liability.
    (A) Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.
    (B) While serving upon any professional utilization committee, a professional review organization, a peer review committee, a mediation committee or a board of directors considering such matters of peer review or any review committee sanctioned by the profession or sponsored by its association, a podiatric physician shall not be liable for civil damages as a result of his or her acts, omissions or decisions in connection with his or her duties on such committees or boards, except in cases involving willful or wanton misconduct.
(Source: P.A. 89‑607, eff. 1‑1‑97; 90‑76, eff. 12‑30‑97.)

    (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; provided that amputations of the human foot are limited to 10 centimeters proximal to the tibial talar articulation. "Podiatric medicine" or "podiatry" includes the provision of topical and local anesthesia and moderate and deep 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 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.
(Source: P.A. 95‑235, eff. 8‑17‑07.)

    (225 ILCS 100/6)(from Ch. 111, par. 4806)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 6. Powers and duties of the Department. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing acts and shall exercise such other powers and duties conferred by this Act.
    The Secretary may promulgate rules consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms that shall be issued in connection therewith.
(Source: P.A. 95‑235, eff. 8‑17‑07.)

    (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 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 be immune from suit in any action based upon any disciplinary proceedings or other 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 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 100/8)(from Ch. 111, par. 4808)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8. Applications for original license. Applications for original licenses shall be made to the Department and shall be accompanied by the required fee, which shall not be refundable. Any such application shall require such information as in the judgement of the Department will enable the Department to pass on the qualifications of the applicant for a license.
    Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within the 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑76, eff. 12‑30‑97.)

    (225 ILCS 100/8.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 8.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 100/9)(from Ch. 111, par. 4809)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Examination for licensure. The Department shall authorize examinations of applicants as podiatric physicians at such times and places as it may determine, so long as the examinations are administered at least 2 times each year. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice podiatric medicine.
    An applicant for examination as a podiatric physician shall be required to pay, either to the Department or the designated testing service, a fee covering the costs of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing the application, the application is denied. However, after the denial, the applicant may make a new application, accompanied by the required fee, and provide evidence of meeting the requirements in force at the time of the new application.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 90‑76, eff. 12‑30‑97.)

    (225 ILCS 100/10)(from Ch. 111, par. 4810)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. Qualifications for licensure. A person shall be qualified for licensure as a podiatric physician:
        (A) who has applied for licensure on forms prepared
     and furnished by the Department;
        (B) who is at least 21 years of age;
        (C) who has not engaged in or is not engaged in any
     practice or conduct that constitutes grounds for discipline under this Act, including without limitation grounds set forth in Section 24 of this Act, or rules adopted under this Act;
        (D) who is a graduate of an approved college of
     podiatric medicine and has attained the academic degree of doctor of podiatric medicine (D.P.M.);
        (E) who has successfully completed an examination
     authorized by the Department; and
        (F) who has successfully completed a minimum of one
     year postgraduate training as defined in Section 5 of this Act. The postgraduate training requirement shall be effective July 1, 1992.
(Source: P.A. 95‑235, eff. 8‑17‑07.)

    (225 ILCS 100/11)(from Ch. 111, par. 4811)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11. Practice without a license forbidden and exceptions. A. It shall be deemed prima facie evidence of the practice of podiatric medicine or of holding one's self out as a podiatric physician within the meaning of this Act, for any person to diagnose the ailments of, or to treat in any manner the human foot by medical, physical or surgical methods, or to use the title podiatrist or any words or letters which indicate or tend to indicate to the public that the person so treating or so holding himself or herself out is a podiatric physician.
    B. No person, except as provided in Section 3 of this Act, shall provide any type of diagnostic and therapeutic medical care services of the human foot unless under the supervision of a licensed podiatric physician.
    C. Persons suitably trained and qualified may render, only under the direction of a podiatric physician licensed under this Act, such patient tests and services as diagnostic imaging procedures, laboratory studies and other appropriate patient services connected with comprehensive foot care which may be consistent with the diagnosis and treatment selected by the podiatric physician. This Section shall apply to podiatric medical care provided in all settings, including, but not limited to: long term facilities, mental health facilities, hospitals, medical offices and public health clinics.
(Source: P.A. 85‑918.)

    (225 ILCS 100/11.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 11.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice podiatry without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(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 one year of postgraduate training and the exception of the successful completion of the written practical examination required under Section 10, may be granted a one 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 one year from the date of issuance for the practice site issued and may be renewed once. In addition, an applicant may request a one‑year extension pursuant to the rules of the Department. Such applicants shall apply in writing 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 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. 95‑235, eff. 8‑17‑07.)

    (225 ILCS 100/13)
    Sec. 13. (Repealed).
(Source: P.A. 90‑76, eff. 12‑30‑97. Repealed by P.A. 95‑235, eff. 8‑17‑07.)

    (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 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 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.
    (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 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 100/16)(from Ch. 111, par. 4816)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 16. Inactive licenses. Any podiatric physician who notifies the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees and compliance with continuing education requirements until he or she notifies the Department in writing of his or her desire to resume active status.
    Any podiatric physician requesting restoration from inactive status shall be required to complete the continuing education requirements for a single license renewal period and to pay the current renewal fee and shall be required to restore his or her license, as provided in Section 15 of this Act. Any podiatric physician whose license is in an inactive status shall not practice podiatric medicine in the State of Illinois. Any licensee who shall practice podiatric medicine while his or her license is lapsed on inactive status shall be considered to be practicing without a license which shall be grounds for discipline under Section 24 of this Act.
(Source: P.A. 90‑76, eff. 12‑30‑97.)

    (225 ILCS 100/17)(from Ch. 111, par. 4817)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 17. Endorsement. The Department may, in its discretion, license as a podiatric physician without examination on payment of the required fee, an applicant who is a podiatric physician license under the laws of another state or territory, or of another country, if the requirements for licensure of podiatric physicians in the state or territory or country in which the applicant was licensed were, at the date of his or her licensure, substantially equivalent to the requirements in force in this State on that date or on the date licensure is sought under this Section.
    Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 90‑76, eff. 12‑30‑97.)

    (225 ILCS 100/18)(from Ch. 111, par. 4818)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 18. Fees.
    (a) The following fees are not refundable.
        (1) The fee for a certificate of licensure is $400.
     The fee for a temporary permit or Visiting Professor permit under Section 12 of this Act is $250.
        (2) In addition, applicants for any examination
     shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
        (3) The fee for the renewal of a certificate of
     licensure shall be calculated at the rate of $200 per year. The fee for the renewal of a temporary permit or Visiting Professor permit shall be calculated at the rate of $125 per year.
        (4) The fee for the restoration of a certificate of
     licensure other than from inactive status is $100 plus payment of all lapsed renewal fees, but not to exceed $910.
        (5) The fee for the issuance of a duplicate
     certificate of licensure, for the issuance of a replacement certificate for a certificate which has been lost or destroyed or for the issuance of a certificate with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on De