95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5061


 
Introduced , by Rep. Angelo Saviano
 
SYNOPSIS AS INTRODUCED:
 		




















225 ILCS 100/3
  from Ch. 111, par. 4803


805 ILCS 10/3.6
  from Ch. 32, par. 415-3.6
805 ILCS 180/1-25







    Amends the Podiatric Medical Practice Act of 1987, the Professional Service Corporation Act, and the Limited Liability Company Act.  Replaces certain references to the practice of medicine in all of its branches with references to practice under the Medical Practice Act of 1987.
















LRB095 16520 RAS 42549 b

















 


 


A BILL FOR









 











HB5061

LRB095 16520 RAS 42549 b






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    AN ACT concerning regulation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Podiatric Medical Practice Act of 1987 is 
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amended  by changing Section 3 as follows:
 



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    (225 ILCS 100/3)  (from Ch. 111, par. 4803)



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    (Section scheduled to be repealed on January 1, 2018)

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    Sec. 3. Exceptions. This Act does not prohibit:


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        (A) Any person licensed to practice medicine and 
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    surgery in all
of its
branches in this State under the 
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    Medical Practice Act of 1987 from engaging
in the
practice 
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    for which he or she is licensed.


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        (B) The practice of podiatric medicine by a person who 
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    is
employed by the
United States government or any bureau, 
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    division or agency thereof while in
the discharge of the 
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    employee's official duties.


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        (C) The practice of podiatric medicine that is
included 
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    in
their program
of study by students enrolled in any 
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    approved college of podiatric medicine
or in refresher 
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    courses approved by the Department.


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        (D) The practice of podiatric medicine by one who has 
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    applied
in
writing to
the Department, in form and substance 
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    satisfactory to the Department, for a
license as a 
 


 






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    podiatric physician and has complied with all the 
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    provisions
under Section 10 of this Act, except the passing 
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    of an examination to be
eligible to receive such license, 
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    until the decision of the Department
that the applicant has 
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    failed to pass the next available examination
authorized by 
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    the Department or has failed to take the next available

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    examination authorized by the Department, or the 
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    withdrawal of the
application.


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        (E) The practice of podiatric medicine by one who is a

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    podiatric
physician under the laws of another state, 
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    territory of the United States
or country as described in 
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    Section 18 of this Act, and has applied in
writing to the 
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    Department, in form and substance satisfactory to the

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    Department, for a license as a podiatric physician and who 
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    is qualified to
receive such license under Section 13 or 
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    Section 9, until:


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            (1) the expiration of 6 months after the filing of 
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        such written
application,


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            (2) the withdrawal of such application, or


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            (3) the denial of such application by the 
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        Department.


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        (F) The provision of emergency care without fee by a 
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    podiatric
physician
assisting in an emergency as provided 
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    in Section 4.

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    An applicant for a license to practice podiatric medicine, 
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practicing
under the exceptions set forth in paragraphs (D) or 
 


 






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(E), may use the title
podiatric physician, podiatrist, doctor 
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of podiatric medicine, or chiropodist
as set forth in Section 5 
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of this Act.

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(Source: P.A. 95-235, eff. 8-17-07.)


 
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    Section 10. The Professional Service Corporation Act is 
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amended  by changing Section 3.6 as follows:
 



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    (805 ILCS 10/3.6)  (from Ch. 32, par. 415-3.6)


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    Sec. 3.6. "Related professions" and "related professional 
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services" mean
more than one personal service which requires as 
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a condition precedent to the
rendering thereof the obtaining of 
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a license and which prior to October 1,
1973 could not be 
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performed by a
corporation by reason of law; provided, however, 
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that these terms shall
be restricted to:


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        (1) a combination of two or more of the following 
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    personal services: (a)
"architecture" as defined in 
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    Section 5 of the Illinois Architecture Practice
Act of 
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    1989, (b) "professional engineering" as defined in Section 
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    4 of the
Professional Engineering Practice Act of 1989, (c) 
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    "structural engineering" as
defined in Section 5 of the 
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    Structural Engineering
Practice Act of 1989, (d)
"land 
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    surveying" as defined in Section 2 of the Illinois 
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    Professional Land
Surveyor Act of 1989;  or


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        (2) a combination of the following personal services: 
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    (a) the practice of
medicine by persons licensed under the 
 


 






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    Medical Practice Act of 1987 in all of its branches, (b) 
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    the practice of podiatry as defined in
Section 5 of the 
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    Podiatric Medical Practice Act of 1987, (c) the practice of

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    dentistry as defined in the Illinois Dental Practice Act, 
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    (d) the practice of
optometry as defined in the Illinois 
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    Optometric Practice Act of 1987.

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(Source: P.A. 90-230, eff. 1-1-98; 91-91, eff. 1-1-00.)



 
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    Section 15. The Limited Liability Company Act is amended  by 
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changing Section 1-25 as follows:
 



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    (805 ILCS 180/1-25)


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    Sec. 1-25. Nature of business. A limited liability company 
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may be formed
for any lawful purpose or business except:


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        (1) (blank);


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        (2) insurance unless, for the purpose of carrying on 
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    business as a member
of a group including incorporated and 
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    individual unincorporated underwriters,
the Director of 
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    Insurance finds that the group meets the requirements of

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    subsection (3) of Section 86 of the Illinois Insurance Code 
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    and the limited
liability company, if insolvent, is subject 
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    to liquidation by the Director of
Insurance under Article 
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    XIII of the Illinois Insurance Code;


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        (3) the practice of dentistry unless all the members 
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    and managers are
licensed as dentists under the Illinois 
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    Dental Practice Act; or


 


 






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        (4) the practice of medicine unless all the managers, 
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    if any, are
licensed to practice medicine under the Medical 
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    Practice Act of 1987 and each
member is either:


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            (A) licensed to practice medicine under the 
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        Medical Practice Act of
1987; or


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            (B) a registered medical corporation or 
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        corporations organized pursuant
to the Medical 
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        Corporation Act; or


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            (C) a professional corporation organized pursuant 
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        to the Professional
Service Corporation Act of 
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        physicians licensed to practice under the Medical 
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        Practice Act of 1987 medicine in all
its branches; or


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            (D) a limited liability company that satisfies the 
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        requirements of
subparagraph (A), (B), or (C).

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(Source: P.A. 95-331, eff. 8-21-07.)