093_SB0385enr

 
SB385 Enrolled                       LRB093 07646 AMC 07825 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  Regulatory  Sunset  Act  is amended by
 5    changing Sections 4.14 and 4.24 as follows:

 6        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
 7        Sec. 4.14.  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003:
 9             The Private Detective, Private  Alarm,  and  Private
10        Security Act of 1993.
11             The Illinois Occupational Therapy Practice Act.
12        (b)  The following Acts are repealed January 1, 2004:
13             The  Illinois  Certified  Shorthand Reporters Act of
14        1984.
15             The Veterinary Medicine and Surgery Practice Act  of
16        1994.
17    (Source: P.A. 92-457, eff 8-21-01.)

18        (5 ILCS 80/4.24)
19        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
20    following Acts are repealed on January 1, 2014:
21        The Electrologist Licensing Act.
22        The Illinois Occupational Therapy Practice Act.
23        The Illinois Public Accounting Act.
24    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

25        Section  10.   The Illinois Occupational Therapy Practice
26    Act is amended by changing Sections 2, 3, 3.1, 5,  7,  8,  9,
27    11, 11.1, 15, and 19 as follows:

28        (225 ILCS 75/2) (from Ch. 111, par. 3702)
 
SB385 Enrolled             -2-       LRB093 07646 AMC 07825 b
 1        (Section scheduled to be repealed on December 31, 2003)
 2        Sec. 2.  Definitions.  In this Act:
 3        (1)  "Department"  means  the  Department of Professional
 4    Regulation.
 5        (2)  "Director"  means  the  Director   of   Professional
 6    Regulation.
 7        (3)  "Board"  means  the  Illinois  Occupational  Therapy
 8    Licensure Board appointed by the Director.
 9        (4)  "Registered  Occupational  therapist" means a person
10    initially registered and licensed  to  practice  occupational
11    therapy  as defined in this Act, and whose license is in good
12    standing.
13        (5)  "Certified Occupational therapy assistant"  means  a
14    person  initially  registered  and  licensed to assist in the
15    practice of occupational therapy under the supervision  of  a
16    licensed  registered occupational therapist, and to implement
17    the occupational therapy treatment program as established  by
18    the licensed registered occupational therapist.  Such program
19    may  include  training in activities of daily living, the use
20    of therapeutic activity including task oriented  activity  to
21    enhance functional performance, and guidance in the selection
22    and use of adaptive equipment.
23        (6)  "Occupational  therapy" means the therapeutic use of
24    purposeful  and  meaningful  occupations   or   goal-directed
25    activities   to   evaluate   and  provide  interventions  for
26    individuals and populations who have a disease  or  disorder,
27    an  impairment,  an  activity  limitation, or a participation
28    restriction that interferes with their  ability  to  function
29    independently in their daily life roles and to promote health
30    and  wellness.  Occupational therapy intervention may include
31    any of the following:
32             (a)  remediation  or  restoration   of   performance
33        abilities   that   are   limited  due  to  impairment  in
34        biological, physiological, psychological, or neurological
 
SB385 Enrolled             -3-       LRB093 07646 AMC 07825 b
 1        processes;
 2             (b)  adaptation of task, process, or the environment
 3        or the teaching of compensatory techniques  in  order  to
 4        enhance performance;
 5             (c)  disability  prevention  methods  and techniques
 6        that facilitate the development or  safe  application  of
 7        performance skills; and
 8             (d)  health  promotion strategies and practices that
 9        enhance performance abilities.
10        The  licensed  registered   occupational   therapist   or
11    licensed  certified occupational therapy assistant may assume
12    a variety of roles in his or her career  including,  but  not
13    limited to, practitioner, supervisor of professional students
14    and     volunteers,    researcher,    scholar,    consultant,
15    administrator, faculty, clinical instructor, and educator  of
16    consumers, peers, and family.
17        (7)  "Occupational  therapy services" means services that
18    may be provided to  individuals  and  populations  including,
19    without limitation, the following:
20             (a)  evaluating,  developing, improving, sustaining,
21        or restoring skills in activities of daily living,  work,
22        or  productive  activities, including instrumental living
23        and play and leisure activities;
24             (b)  evaluating, developing, remediating  improving,
25        or  restoring  sensorimotor  sensory motor, cognitive, or
26        psychosocial components of performance;
27             (c)  designing, fabricating, applying,  or  training
28        in the use of assistive technology or temporary, orthoses
29        and training in the use of orthoses and prostheses;
30             (d)  adapting  environments and processes, including
31        the  application  of  ergonomic  principles,  to  enhance
32        performance and safety in daily life roles;
33             (e)  for the occupational therapist or  occupational
34        therapy    assistant   therapists   possessing   advanced
 
SB385 Enrolled             -4-       LRB093 07646 AMC 07825 b
 1        training, skill, and competency as  demonstrated  through
 2        examinations  that shall be determined by the Department,
 3        applying physical agent modalities as an adjunct to or in
 4        preparation for engagement in occupations;
 5             (f)  evaluating  and   providing   intervention   in
 6        collaboration  with  the  client,  family,  caregiver, or
 7        others;
 8             (g)  educating the  client,  family,  caregiver,  or
 9        others    in    carrying   out   appropriate   nonskilled
10        interventions; and
11             (h)  consulting     with      groups,      programs,
12        organizations, or communities to provide population-based
13        services.
14        (8)  "An   aide   in   occupational   therapy"  means  an
15    individual who provides supportive services  to  occupational
16    therapists   or   occupational   therapy  assistants  therapy
17    practitioners but  who  is  not  certified  by  a  nationally
18    recognized occupational therapy certifying or licensing body.
19    (Source:  P.A.  92-297,  eff.  1-1-02;  92-366,  eff. 1-1-02;
20    92-651, eff. 7-11-02.)

21        (225 ILCS 75/3) (from Ch. 111, par. 3703)
22        (Section scheduled to be repealed on December 31, 2003)
23        Sec. 3.  After the effective date of this Act, no  person
24    shall practice occupational therapy or hold himself out as an
25    occupational  therapist or an occupational therapy assistant,
26    or as being able  to  practice  occupational  therapy  or  to
27    render  services  designated  as occupational therapy in this
28    State,  unless  he  is  licensed  in  accordance   with   the
29    provisions of this Act.
30        Nothing  in  this Act shall be construed as preventing or
31    restricting the practice, services, or activities of:
32        (1)  Any person licensed in this State by any  other  law
33    from engaging in the profession or occupation for which he is
 
SB385 Enrolled             -5-       LRB093 07646 AMC 07825 b
 1    licensed; or
 2        (2)  Any  person employed as an occupational therapist or
 3    occupational therapy  assistant  by  the  Government  of  the
 4    United  States,  if such person provides occupational therapy
 5    solely under the direction or control of the organization  by
 6    which he or she is employed; or
 7        (3)  Any  person  pursuing a course of study leading to a
 8    degree  or  certificate  in  occupational   therapy   at   an
 9    accredited or approved educational program if such activities
10    and  services  constitute  a  part  of a supervised course of
11    study, and if such person is  designated  by  a  title  which
12    clearly  indicates his or her status as a student or trainee;
13    or
14        (4)  Any person fulfilling the supervised work experience
15    requirements of Sections  8  and  9  of  this  Act,  if  such
16    activities  and  services constitute a part of the experience
17    necessary to meet the requirement of those Sections; or
18        (5)  Any person performing occupational therapy  services
19    in  the  State,  if  such  a person is not a resident of this
20    State and is  not  licensed  under  this  Act,  and  if  such
21    services  are  performed for no more than 60  days a calendar
22    year in association with an occupational  therapist  licensed
23    under  this  Act  and if such person meets the qualifications
24    for license under this Act and:
25             (i)  such  person  is  licensed  under  the  law  of
26        another state which has licensure requirements  at  least
27        as restrictive as the requirements of this Act, or
28             (ii)  such   person   meets   the  requirements  for
29        certification as  an  Occupational  Therapist  Registered
30        (O.T.R.)  or  a  Certified Occupational Therapy Assistant
31        (C.O.T.A.)  established  by  the   National   Board   for
32        Certification   of   Occupational   Therapy   or  another
33        nationally recognized credentialing body approved by  the
34        Board American Occupational Therapy Association; or
 
SB385 Enrolled             -6-       LRB093 07646 AMC 07825 b
 1        (6)  The  practice of occupational therapy by one who has
 2    applied in writing to the Department for a license,  in  form
 3    and  substance  satisfactory  to  the  Department,   and  has
 4    complied  with  all  the  provisions of either Section 8 or 9
 5    except the passing of  the  examination  to  be  eligible  to
 6    receive  such  license.   In  no  event  shall this exemption
 7    extend to any person for longer  than  6  months,  except  as
 8    follows:
 9             (i)  if the date on which a person can take the next
10        available   examination   authorized  by  the  Department
11        extends  beyond  6  months  from  the  date  the   person
12        completes  the  occupational  therapy program as required
13        under Section 8 or 9, the  Department  shall  extend  the
14        exemption  until  the  results of that examination become
15        available to the Department; or
16             (ii)  if the Department is unable  to  complete  its
17        evaluation and processing of a person's application for a
18        license  within  6  months  after  the  date on which the
19        application is submitted  to  the  Department  in  proper
20        form, the Department shall extend the exemption until the
21        Department has completed its evaluation and processing of
22        the application.
23        In  the  event  such applicant fails the examination, the
24    applicant shall cease work immediately until such time as the
25    applicant is licensed to  practice  occupational  therapy  in
26    this State.
27        (7)  The  practice of occupational therapy by one who has
28    applied to the Department, in form and substance satisfactory
29    to  the  Department,  and  who  is   licensed   to   practice
30    occupational   therapy  under  the  laws  of  another  state,
31    territory  of  the  United  States  or  country  and  who  is
32    qualified to receive a license under the provisions of either
33    Section 8 or 9 of this Act.  In no event shall this exemption
34    extend to any person for longer than 6 months.
 
SB385 Enrolled             -7-       LRB093 07646 AMC 07825 b
 1        (8)  The practice of occupational therapy by one who  has
 2    applied to the Department, in form and substance satisfactory
 3    to  the Department, and who is qualified to receive a license
 4    under the provisions of either Section 8 or 9  of  this  Act.
 5    In  no  event  shall  this exemption extend to any person for
 6    longer than 6 months.
 7    (Source: P.A. 90-427, eff. 8-15-97.)

 8        (225 ILCS 75/3.1)
 9        (Section scheduled to be repealed on December 31, 2003)
10        Sec. 3.1. Referrals.  A licensed registered  occupational
11    therapist   or   licensed   certified   occupational  therapy
12    assistant may consult with, educate,  evaluate,  and  monitor
13    services  for  clients  concerning  non-medical  occupational
14    therapy  needs. Implementation of direct occupational therapy
15    to individuals for  their  specific  health  care  conditions
16    shall  be  based  upon  a referral from a licensed physician,
17    dentist, podiatrist, or optometrist.
18        An occupational  therapist  shall  refer  to  a  licensed
19    physician,  dentist,  optometrist,  or podiatrist any patient
20    whose medical condition should, at the time of evaluation  or
21    treatment,  be  determined to be beyond the scope of practice
22    of the occupational therapist.
23    (Source: P.A. 92-297, eff. 1-1-02.)

24        (225 ILCS 75/5) (from Ch. 111, par. 3705)
25        (Section scheduled to be repealed on December 31, 2003)
26        Sec.  5.   The  Director  shall   appoint   an   Illinois
27    Occupational  Therapy  Licensure Board as follows:  7 persons
28    who shall be appointed by and  shall  serve  in  an  advisory
29    capacity  to  the Director.  One 1 member must be a physician
30    licensed to practice medicine  in  all  of  its  branches;  3
31    members  must  be licensed registered occupational therapists
32    in good standing, and actively engaged  in  the  practice  of
 
SB385 Enrolled             -8-       LRB093 07646 AMC 07825 b
 1    occupational  therapy  in  this  State;  2  members  must  be
 2    licensed  certified  occupational  therapy assistants in good
 3    standing and actively engaged in the practice of occupational
 4    therapy in this State; and 1 member must be a  public  member
 5    who  is  not  licensed  under  this  Act, or a similar Act of
 6    another jurisdiction, and is not a provider  of  health  care
 7    service.
 8        Members   shall  serve  4  year  terms  and  until  their
 9    successors are appointed and qualified.  No member  shall  be
10    appointed  under  this  or  any  prior  Act  to the Board for
11    service which  would  constitute  more  than  2  full  terms.
12    Appointments  to  fill  vacancies  shall  be made in the same
13    manner as original appointments, for the unexpired portion of
14    the  vacated  term.   Initial  terms  shall  begin  upon  the
15    effective date of this Act.
16        The membership of the  Board  should  reasonably  reflect
17    representation from the geographic areas in this State.
18        The  Director may terminate the appointment of any member
19    for cause which in the opinion  of  the  Director  reasonably
20    justifies such termination.
21        The  Director  shall  consider the recommendations of the
22    Board  on  questions  involving  standards  of   professional
23    conduct,  discipline  and  qualifications  of  candidates and
24    license holders under this Act.
25    (Source: P.A. 88-424.)

26        (225 ILCS 75/7) (from Ch. 111, par. 3707)
27        (Section scheduled to be repealed on December 31, 2003)
28        Sec. 7.  The Department shall authorize  examinations  at
29    least  annually  and  at  such  time  and  place  as  it  may
30    designate.  The examination shall be of a character to give a
31    fair  test of the qualifications of the applicant to practice
32    occupational therapy.
33        Applications for examination as  occupational  therapists
 
SB385 Enrolled             -9-       LRB093 07646 AMC 07825 b
 1    and occupational therapy assistants shall be required to pay,
 2    either to the Department or the designated testing service, a
 3    fee  covering the cost of providing the examination.  Failure
 4    to appear for the examination on the scheduled date,  at  the
 5    time  and  place specified, after the applicant's application
 6    for examination has been received  and  acknowledged  by  the
 7    Department or the designated testing service, shall result in
 8    the forfeiture of the examination fee.
 9        If  an  applicant neglects, fails  or refuses to take the
10    examination within 90 days after the date the Confirmation of
11    Examination and Eligibility to Examine Notice is issued  next
12    available examination offered or fails to pass an examination
13    for  certification  under  this Act, the application shall be
14    denied.  If an applicant fails to  pass  an  examination  for
15    registration  under  this Act within 3 years after filing his
16    application, the application shall be denied.  The  applicant
17    may  thereafter  make  a  new  application accompanied by the
18    required  fee,  however,  the  applicant   shall   meet   all
19    requirements  in effect at the time of subsequent application
20    before obtaining licensure.
21        The Department may employ consultants for the purposes of
22    preparing and conducting examinations.
23    (Source: P.A. 88-424.)

24        (225 ILCS 75/8) (from Ch. 111, par. 3708)
25        (Section scheduled to be repealed on December 31, 2003)
26        Sec. 8.  A person shall be qualified for licensure as  an
27    occupational therapist if that person:
28             (1)  has applied in writing in form and substance to
29        the Department;
30             (2)  (blank)  is a citizen of the United States or a
31        lawfully admitted alien, in status, registered  with  the
32        United   States   Department   of  Justice,  Division  of
33        Immigration and Naturalization;
 
SB385 Enrolled             -10-      LRB093 07646 AMC 07825 b
 1             (3)  has completed an occupational  therapy  program
 2        of at least 4 years in length, leading to a baccalaureate
 3        degree,  or  its  equivalent, approved by the Department;
 4        and
 5             (4)  has  successfully  completed  the   examination
 6        authorized by the Department within the past 5 years.
 7    (Source: P.A. 91-357, eff. 7-29-99.)

 8        (225 ILCS 75/9) (from Ch. 111, par. 3709)
 9        (Section scheduled to be repealed on December 31, 2003)
10        Sec.  9.  A person shall be qualified for licensure as an
11    occupational therapy assistant if that person:
12             (1)  has applied in writing in form and substance to
13        the Department;
14             (2)  (blank) is a citizen of the United States or  a
15        lawfully  admitted  alien, in status, registered with the
16        United  States  Department  of   Justice,   Division   of
17        Immigration and Naturalization;
18             (3)  has  completed  an occupational therapy program
19        of at least 2 years in length  leading  to  an  associate
20        degree,  or  its  equivalent, approved by the Department;
21        and
22             (4)  has  successfully  completed  the   examination
23        authorized by the Department within the past 5 years.
24    (Source: P.A. 91-357, eff. 7-29-99.)

25        (225 ILCS 75/11) (from Ch. 111, par. 3711)
26        (Section scheduled to be repealed on December 31, 2003)
27        Sec. 11.  The expiration date and renewal period for each
28    certificate issued under this Act shall be set by rule.
29        Any   occupational   therapist  or  occupational  therapy
30    assistant who has permitted his license to expire or who  has
31    had  his  license  on  inactive  status  may have his license
32    restored by making application to the Department  and  filing
 
SB385 Enrolled             -11-      LRB093 07646 AMC 07825 b
 1    proof acceptable to the Department of his fitness to have his
 2    license  restored.  The Department may consider a certificate
 3    expired less than 5 years as prima facie  evidence  that  the
 4    applicant  is  fit. If the applicant's license has expired or
 5    been placed on inactive status, proof of fitness may  include
 6    sworn  evidence  certifying  to  active  practice  in another
 7    jurisdiction satisfactory to the Department and by paying the
 8    required restoration fee.
 9        If the occupational  therapist  or  occupational  therapy
10    assistant  has  not  maintained an active practice in another
11    jurisdiction satisfactory to the Department,  the  Department
12    shall  determine,  by  an  evaluation  program established by
13    rule, his fitness to resume active status and may require the
14    occupational  therapist  or  occupational  therapy  therapist
15    assistant to successfully complete a practice examination.
16        However,  any  occupational  therapist  or   occupational
17    therapy  assistant whose license certificate expired while he
18    was (1) in Federal Service on  active  duty  with  the  Armed
19    Forces of the United States, or the State Militia called into
20    service  or  training,  or (2) in training or education under
21    the supervision of the United States preliminary to induction
22    into the military service, may have his  certificate  renewed
23    or  restored without paying any lapsed renewal fees if within
24    2 years  after  termination  of  such  service,  training  or
25    education  except  under  conditions other than honorable, he
26    furnished the Department with satisfactory  evidence  to  the
27    effect  that  he  has  been  so engaged and that his service,
28    training or education has been so terminated.
29    (Source: P.A. 84-793.)

30        (225 ILCS 75/11.1)
31        (Section scheduled to be repealed on December 31, 2003)
32        Sec.  11.1.  Continuing   education   requirement.    All
33    renewal  applicants  shall  provide  proof  of having met the
 
SB385 Enrolled             -12-      LRB093 07646 AMC 07825 b
 1    continuing competency requirements set forth in the rules  of
 2    the  Department.   At  a  minimum,  the rules shall require a
 3    renewal applicant to provide proof of completing at least  12
 4    units  of  continuing competency activities during the 2-year
 5    licensing cycle for which he or she  is  currently  licensed.
 6    The  Department  shall provide by rule for an orderly process
 7    for the reinstatement of licenses that have not been  renewed
 8    for  failure  to meet the continuing competency requirements.
 9    The continuing competency requirements may be waived in cases
10    of extreme hardship as defined by rule.
11        The Department  shall  establish  by  rule  a  means  for
12    verifying   the   completion  of  the  continuing  competency
13    required  by  this  Section.   This   verification   may   be
14    accomplished   through   audits   of  records  maintained  by
15    licensees, by requiring the filing of  continuing  competency
16    certificates  with  the  Department,  or  by  any other means
17    established by the Department.
18    (Source: P.A. 92-297, eff. 1-1-02.)

19        (225 ILCS 75/15) (from Ch. 111, par. 3715)
20        (Section scheduled to be repealed on December 31, 2003)
21        Sec. 15.  Any person  who  is  issued  a  license  as  an
22    occupational therapist registered under the terms of this Act
23    may  use  the  words  "occupational  therapist"  or "licensed
24    occupational therapist registered", or he may use the letters
25    "O.T" or "O.T.R.", in connection with  his  or  her  name  or
26    place  of  business to denote his or her licensure under this
27    Act.
28        Any person  who  is  issued  a  license  as  a  certified
29    occupational  therapy  assistant  under the terms of this Act
30    may  use  the  words,  "occupational  therapy  assistant"  or
31    "licensed certified occupational therapy assistant", or he or
32    she  may  use  the  letters,  "O.T.A."  or   "C.O.T.A.",   in
33    connection  with  his  or  her  name, or place of business to
 
SB385 Enrolled             -13-      LRB093 07646 AMC 07825 b
 1    denote his or her licensure under this Act hereunder.
 2    (Source: P.A. 83-696.)

 3        (225 ILCS 75/19) (from Ch. 111, par. 3719)
 4        (Section scheduled to be repealed on December 31, 2003)
 5        Sec. 19.  (a) The  Department  may  refuse  to  issue  or
 6    renew,  or may revoke, suspend, place on probation, reprimand
 7    or take other disciplinary action as the Department may  deem
 8    proper,  including  fines  not  to  exceed  $2,500  for  each
 9    violation,  with  regard  to  any  license  for  any  one  or
10    combination of the following:
11             (1)  Material misstatement in furnishing information
12        to the Department;
13             (2)  Wilfully  violating  this  Act, or of the rules
14        promulgated thereunder;
15             (3)  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 occupational therapy;
20             (4)  Making any misrepresentation for the purpose of
21        obtaining  certification,  or  violating any provision of
22        this Act or the rules promulgated  thereunder  pertaining
23        to advertising;
24             (5)  Having     demonstrated     unworthiness,    or
25        incompetency to  act  as  an  occupational  therapist  or
26        occupational  therapy  assistant  in  such  manner  as to
27        safeguard the interest of the public;
28             (6)  Wilfully aiding or  assisting  another  person,
29        firm,   partnership   or  corporation  in  violating  any
30        provision of this Act or rules;
31             (7)  Failing, within 60 days, to provide information
32        in response to a written request made by the Department;
33             (8)  Engaging   in   dishonorable,   unethical    or
 
SB385 Enrolled             -14-      LRB093 07646 AMC 07825 b
 1        unprofessional  conduct of a character likely to deceive,
 2        defraud or harm the public;
 3             (9)  Habitual intoxication or addiction to  the  use
 4        of drugs;
 5             (10)  Discipline  by  another state, the District of
 6        Columbia, a territory, or foreign nation, if at least one
 7        of  the  grounds  for  the  discipline  is  the  same  or
 8        substantially equivalent to those set forth herein;
 9             (11)  Directly or indirectly giving to or  receiving
10        from   any  person,  firm,  corporation,  partnership  or
11        association any fee, commission, rebate or other form  of
12        compensation  for  professional  services not actually or
13        personally rendered;
14             (12)  A finding by the Department that  the  license
15        holder,   after   having  his  license  disciplined,  has
16        violated the terms of the discipline;
17             (13)  Wilfully making or  filing  false  records  or
18        reports   in   the   practice  of  occupational  therapy,
19        including but not limited to false records filed with the
20        State agencies or departments;
21             (14)  Physical illness, including  but  not  limited
22        to,  deterioration  through the aging process, or loss of
23        motor skill which results in the  inability  to  practice
24        the profession with reasonable judgment, skill or safety;
25             (15)  Solicitation  of  professional  services other
26        than by permitted advertising;
27             (16)  Wilfully  exceeding  the  scope  of   practice
28        customarily  undertaken  by  persons  licensed under this
29        Act, which conduct results in, or may result in, harm  to
30        the public;
31             (17)  Holding    one's    self   out   to   practice
32        occupational therapy under any name other than his own or
33        impersonation of any other occupational therapy licensee;
34             (18)  Gross negligence;
 
SB385 Enrolled             -15-      LRB093 07646 AMC 07825 b
 1             (19)  Malpractice;
 2             (20)  Obtaining a fee in money or gift  in  kind  of
 3        any  other  items  of  value  or in the form of financial
 4        profit  or  benefit  as  personal  compensation,  or   as
 5        compensation,  or  charge, profit or gain for an employer
 6        or for any other person or  persons,  on  the  fraudulent
 7        misrepresentation  that  a manifestly incurable condition
 8        of sickness, disease or  injury  to  any  person  can  be
 9        cured;
10             (21)  Accepting  commissions  or  rebates  or  other
11        forms  of  remuneration  for  referring  persons to other
12        professionals;
13             (22)  Failure to file a return, or to pay  the  tax,
14        penalty  or  interest  shown in a filed return, or to pay
15        any final assessment of  tax,  penalty  or  interest,  as
16        required  by  any  tax  Act  administered by the Illinois
17        Department  of  Revenue,   until   such   time   as   the
18        requirements of any such tax Act are satisfied;
19             (23)  Violating the Health Care Worker Self-Referral
20        Act; and
21             (24)  Having  treated  patients  other  than  by the
22        practice of occupational therapy as defined in this  Act,
23        or  having  treated  patients  as a licensed occupational
24        therapist independent of a  referral  from  a  physician,
25        dentist,  podiatrist, or optometrist, or having failed to
26        notify the physician, dentist, podiatrist, or optometrist
27        who established a diagnosis that the patient is receiving
28        occupational therapy pursuant to that diagnosis.
29        (b)  The determination by a circuit court that a  license
30    holder  is  subject  to  involuntary  admission  or  judicial
31    admission  as provided in the Mental Health and Developmental
32    Disabilities Code, as now or hereafter amended,  operates  as
33    an  automatic suspension.  Such suspension will end only upon
34    a finding by a court that the patient is no longer subject to
 
SB385 Enrolled             -16-      LRB093 07646 AMC 07825 b
 1    involuntary admission or judicial admission, an order by  the
 2    court  so  finding  and  discharging  the  patient,  and  the
 3    recommendation  of the Board to the Director that the license
 4    holder be allowed to resume his practice.
 5        (c)  The  Department  may  refuse  to   issue   or   take
 6    disciplinary  action concerning the license of any person who
 7    fails to file a return, to pay the tax, penalty, or  interest
 8    shown  in  a  filed return, or to pay any final assessment of
 9    tax,  penalty,  or  interest  as  required  by  any  tax  Act
10    administered by the Department of Revenue, until such time as
11    the requirements  of  any  such  tax  Act  are  satisfied  as
12    determined by the Department of Revenue.
13        (d)  In enforcing this Section, the Board, upon a showing
14    of  a  possible violation, may compel a licensee or applicant
15    to submit to a mental or physical examination,  or  both,  as
16    required  by  and  at  the  expense  of  the  Department. The
17    examining physicians or clinical psychologists shall be those
18    specifically designated  by  the  Board.  The  Board  or  the
19    Department  may  order (i) the examining physician to present
20    testimony concerning the mental or physical examination of  a
21    licensee   or   applicant  or  (ii)  the  examining  clinical
22    psychologist  to  present  testimony  concerning  the  mental
23    examination of a licensee or applicant. No information  shall
24    be  excluded  by  reason  of  any  common  law  or  statutory
25    privilege  relating  to  communications between a licensee or
26    applicant   and   the   examining   physician   or   clinical
27    psychologist. An individual to be examined may have,  at  his
28    or   her   own   expense,   another   physician  or  clinical
29    psychologist of his or her choice present during all  aspects
30    of  the  examination. Failure of an individual to submit to a
31    mental or physical examination, when directed, is grounds for
32    suspension of his or her license.  The  license  must  remain
33    suspended  until the person submits to the examination or the
34    Board finds, after notice and hearing, that  the  refusal  to
 
SB385 Enrolled             -17-      LRB093 07646 AMC 07825 b
 1    submit to the examination was with reasonable cause.
 2        If  the  Board  finds  an  individual  unable to practice
 3    because of the reasons set forth in this Section,  the  Board
 4    must require the individual to submit to care, counseling, or
 5    treatment by a physician or clinical psychologist approved by
 6    the   Board,   as  a  condition,  term,  or  restriction  for
 7    continued, reinstated, or renewed licensure to  practice.  In
 8    lieu  of  care,  counseling,  or  treatment,  the  Board  may
 9    recommend that the Department file a complaint to immediately
10    suspend  or revoke the license of the individual or otherwise
11    discipline the licensee.
12        Any individual  whose  license  was  granted,  continued,
13    reinstated,  or  renewed  subject  to  conditions,  terms, or
14    restrictions,  as  provided  for  in  this  Section,  or  any
15    individual who  was  disciplined  or  placed  on  supervision
16    pursuant to this Section must be referred to the Director for
17    a  determination  as  to whether the person shall have his or
18    her license suspended immediately, pending a hearing  by  the
19    Board.
20    (Source: P.A. 91-357, eff. 7-29-99.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.