093_HB1200

 
                                     LRB093 06296 AMC 06414 b

 1        AN ACT concerning professional regulation.

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

 4        Section  5.  The Illinois Physical Therapy Act is amended
 5    by changing Sections 1, 2, 17, 31, and 32.2 as follows:

 6        (225 ILCS 90/1) (from Ch. 111, par. 4251)
 7        (Section scheduled to be repealed on January 1, 2006)
 8        Sec. 1. Definitions.  As used in this Act:
 9        (1)  "Physical therapy" means examining, evaluating,  and
10    testing   persons  who  have  mechanical,  physiological,  or
11    developmental   impairments,   functional   limitations    or
12    disabilities,  or other health or movement-related conditions
13    in order to determine a diagnosis,  prognosis,  and  plan  of
14    therapeutic    intervention,    and   providing   therapeutic
15    interventions  and   assessing   the   ongoing   effects   of
16    interventions.   Physical  therapy  may  include,  but is not
17    limited to, (a) the evaluation or treatment of  a  person  by
18    the  use of the effective properties of physical measures and
19    heat, cold, light, water, radiant energy, electricity, sound,
20    and air; and the  use  of  therapeutic  massage,  therapeutic
21    exercise,  mobilization,  and  the  rehabilitative procedures
22    with  or  without  assistive  devices  for  the  purposes  of
23    preventing, correcting, or alleviating a physical  or  mental
24    dysfunction  or disability, or promoting physical fitness and
25    well-being, (b) .  Physical  therapy  includes,  but  is  not
26    limited   to:   (a)  performance  of  specialized  tests  and
27    measurements, (c) (b) administration of specialized treatment
28    procedures,  (d)  (c)  interpretation   of   referrals   from
29    physicians,  dentists and podiatrists, (e) (d) establishment,
30    and modification of physical therapy treatment programs,  (f)
31    (e)  administration  of  topical medication used in generally
 
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 1    accepted physical therapy procedures when such medication  is
 2    prescribed  by  the patient's physician, licensed to practice
 3    medicine  in  all  its  branches,  the  patient's   physician
 4    licensed  to  practice  podiatric  medicine, or the patient's
 5    dentist, and (g) (f)  supervision  or  teaching  of  physical
 6    therapy.    Physical  therapy  does  not  include  radiology,
 7    electrosurgery, chiropractic technique or determination of  a
 8    differential   medical   diagnosis;  provided,  however,  the
 9    limitation on determining a  differential  medical  diagnosis
10    shall  not  in any manner limit a physical therapist licensed
11    under this Act from performing  an  evaluation  in  order  to
12    determine  a  physical  therapy  diagnosis  pursuant  to such
13    license. Nothing in  this  Section  shall  limit  a  physical
14    therapist   from   employing   appropriate  physical  therapy
15    techniques that  he  or  she  is  educated  and  licensed  to
16    perform.   A  physical  therapist  shall  refer to a licensed
17    physician, dentist, or podiatrist any patient  whose  medical
18    condition  should, at the time of evaluation or treatment, be
19    determined to be beyond the scope of practice of the physical
20    therapist.
21        (2)  "Physical therapist" means a  person  who  practices
22    physical therapy and who has met all requirements as provided
23    in this Act.
24        (3)  "Department"  means  the  Department of Professional
25    Regulation.
26        (4)  "Director"  means  the  Director   of   Professional
27    Regulation.
28        (5)  "Committee"  means  the  Physical  Therapy Examining
29    Committee approved by the Director.
30        (6)  (Blank) "Referral" for the purpose of this Act means
31    the following  of  guidance  or  direction  to  the  physical
32    therapist  given by the physician, dentist, or podiatrist who
33    shall maintain supervision of the patient.
34        (7)  (Blank) "Documented current and relevant  diagnosis"
 
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 1    for  the purpose of this Act means a diagnosis, substantiated
 2    by signature or oral verification of a physician, dentist, or
 3    podiatrist, that a patient's condition is such that it may be
 4    treated by physical therapy as defined  in  this  Act,  which
 5    diagnosis  shall  remain  in  effect  until  changed  by  the
 6    physician, dentist or podiatrist.
 7        (8)  "State" includes:
 8             (a)  the states of the United States of America;
 9             (b)  the District of Columbia; and
10             (c)  the Commonwealth of Puerto Rico.
11        (9)  "Physical   therapist   assistant"  means  a  person
12    licensed to assist a physical therapist and who has  met  all
13    requirements  as provided in this Act and who works under the
14    supervision of a licensed physical  therapist  to  assist  in
15    implementing   the  physical  therapy  treatment  program  as
16    established by the licensed physical therapist.  The  patient
17    care  activities provided by the physical therapist assistant
18    shall not include the interpretation of referrals, evaluation
19    procedures, or the planning or major modification of  patient
20    programs.
21        (10)  "Physical  therapy  aide"  means  a  person who has
22    received on the job training, specific  to  the  facility  in
23    which  he  is employed, but who has not completed an approved
24    physical therapist assistant program.
25    (Source: P.A. 92-651, eff. 7-11-02.)

26        (225 ILCS 90/2) (from Ch. 111, par. 4252)
27        (Section scheduled to be repealed on January 1, 2006)
28        Sec.  2.   Licensure  requirement;   exempt   activities.
29    Practice  without a license forbidden - exception.  No person
30    shall after the date of August 31,  1965  begin  to  practice
31    physical  therapy  in this State or hold himself out as being
32    able to practice this profession, unless he  is  licensed  as
33    such in accordance with the provisions of this Act. After the
 
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 1    effective  date  of  this  amendatory  Act of 1990, no person
 2    shall practice or hold himself out as  a  physical  therapist
 3    assistant  unless  he  is  licensed as such under this Act. A
 4    physical therapist shall use the initials "PT" in  connection
 5    with  his  or her name to denote licensure under this Act.  A
 6    physical therapy assistant shall use the  initials  "PTA"  in
 7    connection  with  his  or  her name to denote licensure under
 8    this Act.
 9        This Act does not prohibit:
10             (1)  Any person licensed in  this  State  under  any
11        other  Act  from engaging in the practice for which he is
12        licensed.
13             (2)  The  practice  of  physical  therapy  by  those
14        persons, practicing under the supervision of  a  licensed
15        physical   therapist   and   who  have  met  all  of  the
16        qualifications as provided in Sections 7, 8.1, and  9  of
17        this  Act,  until  the  next  examination  is  given  for
18        physical  therapists or physical therapist assistants and
19        the results have been received by the Department and  the
20        Department has determined the applicant's eligibility for
21        a  license. Anyone failing to pass said examination shall
22        not again practice physical therapy until such time as an
23        examination has been successfully passed by such person.
24             (3)  The practice of physical therapy for  a  period
25        not  exceeding  6 months by a person who is in this State
26        on a temporary basis to  assist  in  a  case  of  medical
27        emergency  or  to  engage  in  a special physical therapy
28        project, and who meets the qualifications for a  physical
29        therapist  as  set  forth in Sections 7 and 8 of this Act
30        and is licensed in another state as a physical therapist.
31             (4)  Practice  of  physical  therapy  by   qualified
32        persons who have filed for endorsement for no longer than
33        one   year  or  until  such  time  that  notification  of
34        licensure has been granted or denied, whichever period of
 
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 1        time is lesser.
 2             (5)  One or more licensed physical  therapists  from
 3        forming  a  professional  service  corporation  under the
 4        provisions of the "Professional Service Corporation Act",
 5        approved September 15, 1969, as now or hereafter amended,
 6        and  licensing  such  corporation  for  the  practice  of
 7        physical therapy.
 8             (6)  Physical therapy aides from performing  patient
 9        care  activities  under  the  on-site  supervision  of  a
10        licensed   physical   therapist   or   licensed  physical
11        therapist assistant. These patient care activities  shall
12        not   include  interpretation  of  referrals,  evaluation
13        procedures, the planning of or  major  modifications  of,
14        patient programs.
15             (7)  Physical  Therapist  Assistants from performing
16        patient care activities under the general supervision  of
17        a  licensed  physical  therapist.  The physical therapist
18        must  maintain  continual  contact  with   the   physical
19        therapist    assistant    including   periodic   personal
20        supervision and instruction  to  insure  the  safety  and
21        welfare of the patient.
22             (8)  The  practice of physical therapy by a physical
23        therapy student or a physical therapist assistant student
24        under the on-site  supervision  of  a  licensed  physical
25        therapist.    The  physical  therapist  shall  be readily
26        available  for  direct  supervision  and  instruction  to
27        insure the safety and welfare of the patient.
28             (9)  The practice of physical therapy as part of  an
29        educational  program  by a physical therapist licensed in
30        another state or country for a period  not  to  exceed  6
31        months.
32    (Source: P.A. 90-580, eff. 5-21-98.)

33        (225 ILCS 90/17) (from Ch. 111, par. 4267)
 
                            -6-      LRB093 06296 AMC 06414 b
 1        (Section scheduled to be repealed on January 1, 2006)
 2        Sec.  17.  (1)  The  Department may refuse to issue or to
 3    renew, or may revoke, suspend, place on probation, reprimand,
 4    or take other disciplinary action  as  the  Department  deems
 5    appropriate,  including  the  issuance of fines not to exceed
 6    $5000, with regard to a license for any one or a  combination
 7    of the following:
 8             A.  Material  misstatement in furnishing information
 9        to  the  Department  or  otherwise   making   misleading,
10        deceptive,   untrue,  or  fraudulent  representations  in
11        violation of this Act or otherwise in the practice of the
12        profession;
13             B.  Violations of this  Act,  or  of  the  rules  or
14        regulations promulgated hereunder;
15             C.  Conviction  of  any  crime under the laws of the
16        United States or any state or territory thereof which  is
17        a  felony or which is a misdemeanor, an essential element
18        of which is dishonesty, or of any crime which is directly
19        related to the practice of the profession; conviction, as
20        used in  this  paragraph,  shall  include  a  finding  or
21        verdict  of  guilty,  an  admission of guilt or a plea of
22        nolo contendere;
23             D.  Making any misrepresentation for the purpose  of
24        obtaining  licenses,  or  violating any provision of this
25        Act or the rules  promulgated  thereunder  pertaining  to
26        advertising;
27             E.  A  pattern  of  practice or other behavior which
28        demonstrates incapacity or incompetency to practice under
29        this Act;
30             F.  Aiding or assisting another person in  violating
31        any provision of this Act or Rules;
32             G.  Failing,  within 60 days, to provide information
33        in response to a written request made by the Department;
34             H.  Engaging   in   dishonorable,    unethical    or
 
                            -7-      LRB093 06296 AMC 06414 b
 1        unprofessional  conduct of a character likely to deceive,
 2        defraud or harm the public.  Unprofessional conduct shall
 3        include any departure from or the failure to  conform  to
 4        the   minimal  standards  of  acceptable  and  prevailing
 5        physical therapy practice,  in  which  proceeding  actual
 6        injury to a patient need not be established;
 7             I.  Unlawful  distribution  of any drug or narcotic,
 8        or unlawful  conversion  of  any  drug  or  narcotic  not
 9        belonging  to  the  person  for  such person's own use or
10        benefit or for other than medically accepted  therapeutic
11        purposes;
12             J.  Habitual   or  excessive  use  or  addiction  to
13        alcohol, narcotics, stimulants,  or  any  other  chemical
14        agent  or drug which results in a physical therapist's or
15        physical therapist assistant's inability to practice with
16        reasonable judgment, skill or safety;
17             K.  Revocation  or  suspension  of  a   license   to
18        practice  physical  therapy  as  a  physical therapist or
19        physical therapist  assistant  or  the  taking  of  other
20        disciplinary  action by the proper licensing authority of
21        another state, territory or country;
22             L.  Directly or indirectly giving  to  or  receiving
23        from   any  person,  firm,  corporation,  partnership  or
24        association any fee, commission, rebate or other form  of
25        compensation  for  any professional services not actually
26        or personally rendered, or receiving any  fee,  including
27        salary  or  wages, (i) from any physician, podiatrist, or
28        dentist who, within 60 days after the  licensee  provides
29        services  to  a  patient,  has  referred  the patient for
30        physical therapy or provided a diagnosis pertinent to the
31        provision of physical therapy services, (ii) from a firm,
32        corporation, partnership, association, or other  business
33        entity  in  which  10%  or more of the ownership interest
34        belongs, directly or indirectly, to one or more  of  such
 
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 1        physicians,  podiatrists,  or  dentists,  or (iii) from a
 2        firm, corporation,  partnership,  association,  or  other
 3        business  entity  in  which  10% or more of the ownership
 4        interest is owned by a  firm,  corporation,  partnership,
 5        association, or other business entity that employs one or
 6        more such physicians, podiatrists, or dentists;
 7             M.  A  finding  by  the  Committee that the licensee
 8        after having his or her license  placed  on  probationary
 9        status has violated the terms of probation;
10             N.  Abandonment of a patient;
11             O.  Willfully  failing  to  report  an  instance  of
12        suspected  child  abuse  or  neglect  as  required by the
13        Abused and Neglected Child Reporting Act;
14             P.  Willfully  failing  to  report  an  instance  of
15        suspected elder abuse or neglect as required by the Elder
16        Abuse Reporting Act;
17             Q.  Physical illness, including but not limited  to,
18        deterioration through the aging process, or loss of motor
19        skill  which  results  in  the  inability to practice the
20        profession with reasonable judgement, skill or safety;
21             R.  The use of any words (such as physical  therapy,
22        physical  therapist  physiotherapy  or  physiotherapist),
23        abbreviations,  figures  or letters with the intention of
24        indicating practice  as  a  licensed  physical  therapist
25        without  a  valid  license as a physical therapist issued
26        under this Act;
27             S.  The  use  of   the   term   physical   therapist
28        assistant, or abbreviations, figures, or letters with the
29        intention  of indicating practice as a physical therapist
30        assistant without a valid license as a physical therapist
31        assistant issued under this Act;
32             T.  Willfully violating or  knowingly  assisting  in
33        the  violation  of  any law of this State relating to the
34        practice of abortion;
 
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 1             U.  Continued practice by a person knowingly  having
 2        an infectious, communicable or contagious disease;
 3             V.  Having   treated   ailments   of   human  beings
 4        otherwise than by the practice  of  physical  therapy  as
 5        defined  in this Act, or having treated ailments of human
 6        beings as a licensed physical therapist independent of  a
 7        documented  referral or a documented current and relevant
 8        diagnosis from a physician, dentist,  or  podiatrist,  or
 9        having   failed  to  notify  the  physician,  dentist  or
10        podiatrist  who  established  a  documented  current  and
11        relevant diagnosis that the patient is receiving physical
12        therapy pursuant to that diagnosis;
13             W.  Being named as a  perpetrator  in  an  indicated
14        report  by the Department of Children and Family Services
15        pursuant to the Abused and Neglected Child Reporting Act,
16        and upon proof by clear and convincing evidence that  the
17        licensee  has  caused  a  child  to be an abused child or
18        neglected child as defined in the  Abused  and  Neglected
19        Child Reporting Act;
20             X.  Interpretation   of  referrals,  performance  of
21        evaluation   procedures,   planning   or   making   major
22        modifications of patient programs by a physical therapist
23        assistant;
24             Y.  Failure by a physical  therapist  assistant  and
25        supervising  physical  therapist  to  maintain  continued
26        contact,  including  periodic  personal  supervision  and
27        instruction, to insure safety and welfare of patients;
28             Z.  Violation    of    the    Health   Care   Worker
29        Self-Referral Act.
30        (2)  The determination by a circuit court that a licensee
31    is subject to involuntary admission or judicial admission  as
32    provided  in the Mental Health and Developmental Disabilities
33    Code operates as an  automatic  suspension.  Such  suspension
34    will  end  only upon a finding by a court that the patient is
 
                            -10-     LRB093 06296 AMC 06414 b
 1    no  longer  subject  to  involuntary  admission  or  judicial
 2    admission and  the  issuance  of  an  order  so  finding  and
 3    discharging  the  patient; and upon the recommendation of the
 4    Committee to the Director that the  licensee  be  allowed  to
 5    resume his practice.
 6        (3)  The  Department  may  refuse to issue or may suspend
 7    the license of any person who fails to file a return,  or  to
 8    pay  the tax, penalty or interest shown in a filed return, or
 9    to pay any final assessment of tax, penalty or  interest,  as
10    required   by  any  tax  Act  administered  by  the  Illinois
11    Department of Revenue, until such time as the requirements of
12    any such tax Act are satisfied.
13    (Source: P.A. 89-387, eff. 1-1-96.)

14        (225 ILCS 90/31) (from Ch. 111, par. 4281)
15        (Section scheduled to be repealed on January 1, 2006)
16        Sec. 31.  Violations.
17        (a)   Any person  who  is  found  to  have  violated  any
18    provision  of this Act is guilty of a Class A misdemeanor for
19    the first offense and a Class 4 felony for the second and any
20    subsequent offense.
21        (b)  Any person representing or  advertising  himself  or
22    herself  as  a  physical therapist or that the services he or
23    she renders are physical therapy services, or uses any words,
24    such as physical therapy, physical  therapist,  physiotherapy
25    or  physiotherapist,  abbreviations, figures or letters, such
26    as "PT", "DPT", "MPT",  "RPT",  "LPT",  or  "PTA",  with  the
27    intention  of  indicating  that  he  or she is engaged in the
28    practice  of  physical  therapy  as   a   licensed   physical
29    therapist,  when he or she does not possess a currently valid
30    license as defined herein, commits a Class A misdemeanor, for
31    a first offense, and  a  Class  4  felony  for  a  second  or
32    subsequent offense.  Advertising includes, but is not limited
33    to,  outdoor  signs,  print,  electronic  media, and material
 
                            -11-     LRB093 06296 AMC 06414 b
 1    mailed to a person.
 2        (c)  Any person representing or  advertising  himself  or
 3    herself  as  a  physical  therapist  assistant  or  that  the
 4    services  he or she renders are physical therapy services, or
 5    uses any words such as physical therapy or physical therapist
 6    assistant, or uses abbreviations, figures, or  letters,  such
 7    as  "PT",  "DPT",  "MPT",  "RPT",  "LPT",  or "PTA", with the
 8    intention of indicating that he or  she  is  engaged  in  the
 9    practice   of   physical  therapy  as  a  physical  therapist
10    assistant, when he or she does not possess a currently  valid
11    license  as defined herein, commits a Class A misdemeanor for
12    a first offense, and  a  Class  4  felony  for  a  second  or
13    subsequent  offense. Advertising includes, but is not limited
14    to, outdoor signs,  print,  electronic  media,  and  material
15    mailed to a person.
16    (Source: P.A. 85-342; 86-1396.)

17        (225 ILCS 90/32.2)
18        (Section scheduled to be repealed on January 1, 2006)
19        Sec.   32.2.    Unlicensed   practice;  violation;  civil
20    penalty.
21        (a)  Any  person  who  practices,  offers  to   practice,
22    attempts  to  practice,  or  holds  oneself  out  to practice
23    physical therapy or as a physical  therapist  or  a  physical
24    therapist assistant without being licensed under this Act, or
25    otherwise  violates  this  Act  as  described  in Section 31,
26    shall, in addition to any other penalty provided by law,  pay
27    a  civil penalty to the Department in an amount not to exceed
28    $5,000 for each offense as determined by the Department.  The
29    civil penalty shall be assessed by  the  Department  after  a
30    hearing  is  held in accordance with the provisions set forth
31    in this Act regarding the provision  of  a  hearing  for  the
32    discipline of a licensee.
33        (b)  The  Department  has  the  authority  and  power  to
 
                            -12-     LRB093 06296 AMC 06414 b
 1    investigate any and all unlicensed activity.
 2        (c)  The civil penalty shall be paid within 60 days after
 3    the  effective  date of the order imposing the civil penalty.
 4    The order shall constitute a judgment and may  be  filed  and
 5    execution had thereon in the same manner as any judgment from
 6    any court of record.
 7    (Source: P.A. 89-387, eff. 1-1-96.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.