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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.16 and by adding Section 4.26 as follows:
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6 | (5 ILCS 80/4.16)
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7 | Sec. 4.16. Acts repealed January 1, 2006. The following | ||||||
8 | Acts are repealed January 1, 2006:
| ||||||
9 | The Respiratory Care Practice Act.
| ||||||
10 | The Hearing Instrument Consumer Protection Act.
| ||||||
11 | The Illinois Dental Practice Act.
| ||||||
12 | The Professional Geologist Licensing Act.
| ||||||
13 | The Illinois Athletic Trainers Practice Act.
| ||||||
14 | The Barber, Cosmetology, Esthetics, and Nail Technology | ||||||
15 | Act of 1985.
| ||||||
16 | The Collection Agency Act.
| ||||||
17 | The Illinois Roofing Industry Licensing Act.
| ||||||
18 | The Illinois Physical Therapy Act.
| ||||||
19 | (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | ||||||
20 | eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | ||||||
21 | eff. 8-20-95; 89-626, eff.
8-9-96.)
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22 | (5 ILCS 80/4.26 new)
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23 | Sec. 4.26. Act repealed on January 1, 2016. The following | ||||||
24 | Act is repealed on January 1, 2016: | ||||||
25 | The Illinois Physical Therapy Act.
| ||||||
26 | Section 10. The Illinois Physical Therapy Act is amended by | ||||||
27 | changing Sections 1, 6, 8, 8.1, 12, 15, 17, 19, 20, 22, 23, 25, | ||||||
28 | 26, 27, and 29 as follows:
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29 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
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1 | (Section scheduled to be repealed on January 1, 2006)
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2 | Sec. 1. Definitions. As used in this Act:
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3 | (1) "Physical therapy" means all of the following: | ||||||
4 | (A) Examining, evaluating, and testing individuals who | ||||||
5 | may have mechanical, physiological, or developmental | ||||||
6 | impairments, functional limitations, disabilities, or | ||||||
7 | other health and movement-related conditions, classifying | ||||||
8 | these disorders, and determining a rehabilitation | ||||||
9 | prognosis and plan of therapeutic intervention, and | ||||||
10 | assessing the on-going effects of the interventions. | ||||||
11 | (B) Alleviating impairments, functional limitations, | ||||||
12 | or disabilities by designing, implementing, and modifying | ||||||
13 | therapeutic interventions that may include, but are not | ||||||
14 | limited to, the evaluation or treatment of a person through | ||||||
15 | the use of the effective properties of physical measures | ||||||
16 | and heat, cold, light, water, radiant energy, electricity, | ||||||
17 | sound, and air and use of therapeutic massage, therapeutic | ||||||
18 | exercise, functional training, mobilization, and | ||||||
19 | rehabilitative procedures, with or without assistive | ||||||
20 | devices, for the purposes of preventing, correcting, or | ||||||
21 | alleviating a physical or mental impairment, functional | ||||||
22 | limitation, or disability. | ||||||
23 | (C) Reducing the risk of injury, impairment, | ||||||
24 | functional limitation, or disability, including the | ||||||
25 | promotion and maintenance of fitness, health, and | ||||||
26 | wellness. | ||||||
27 | (D) Engaging in administration, consultation, | ||||||
28 | education, and research.
the evaluation or treatment of a | ||||||
29 | person by
the use of the effective properties of physical | ||||||
30 | measures and heat, cold,
light, water, radiant energy, | ||||||
31 | electricity, sound, and air; and the use of
therapeutic | ||||||
32 | massage, therapeutic exercise, mobilization, and the
| ||||||
33 | rehabilitative procedures with or without assistive | ||||||
34 | devices for the
purposes of preventing, correcting, or | ||||||
35 | alleviating a physical or mental
disability, or promoting | ||||||
36 | physical fitness and well-being.
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1 | Physical therapy
includes, but is not limited to: (a) | ||||||
2 | performance
of specialized tests and measurements, (b) | ||||||
3 | administration of specialized
treatment procedures, (c) | ||||||
4 | interpretation of referrals from physicians, dentists, | ||||||
5 | advanced practice nurses, physician assistants,
and | ||||||
6 | podiatrists, (d) establishment, and modification of physical | ||||||
7 | therapy
treatment programs, (e) administration of topical | ||||||
8 | medication used in generally
accepted physical therapy | ||||||
9 | procedures when such medication is prescribed
by the patient's | ||||||
10 | physician, licensed to practice medicine in all its branches,
| ||||||
11 | the patient's physician licensed to practice podiatric | ||||||
12 | medicine, the patient's advanced practice nurse, the patient's | ||||||
13 | physician assistant, or the
patient's dentist, and (f) | ||||||
14 | supervision or teaching of physical therapy.
Physical therapy | ||||||
15 | does not include radiology, electrosurgery, chiropractic
| ||||||
16 | technique or determination of a differential
diagnosis; | ||||||
17 | provided, however,
the limitation on determining a | ||||||
18 | differential diagnosis shall not in any
manner limit a physical | ||||||
19 | therapist licensed under this Act from performing
an evaluation | ||||||
20 | pursuant to such license. Nothing in this Section shall limit
a | ||||||
21 | physical therapist from employing appropriate physical therapy | ||||||
22 | techniques
that he or she is educated and licensed to perform. | ||||||
23 | A physical therapist
shall refer to a licensed physician, | ||||||
24 | advanced practice nurse, physician assistant, dentist, or | ||||||
25 | podiatrist any patient
whose medical condition should, at the | ||||||
26 | time of evaluation or treatment, be
determined to be beyond the | ||||||
27 | scope of practice of the physical therapist.
| ||||||
28 | (2) "Physical therapist" means a person who practices | ||||||
29 | physical therapy
and who has met all requirements as provided | ||||||
30 | in this Act.
| ||||||
31 | (3) "Department" means the Department of Professional | ||||||
32 | Regulation.
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33 | (4) "Director" means the Director of Professional | ||||||
34 | Regulation.
| ||||||
35 | (5) "Board"
"Committee" means the Physical Therapy | ||||||
36 | Licensing and Disciplinary Board
Examining Committee approved
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1 | by the Director.
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2 | (6) "Referral" means a written or oral authorization for | ||||||
3 | physical therapy services for a patient by a physician, | ||||||
4 | dentist, advanced practice nurse, physician assistant, or | ||||||
5 | podiatrist who maintains medical supervision of the patient and | ||||||
6 | makes a diagnosis or verifies that the patient's condition is | ||||||
7 | such that it may be treated by a physical therapist.
| ||||||
8 | (7) "Documented current and relevant diagnosis" for the | ||||||
9 | purpose of
this Act means a diagnosis, substantiated by | ||||||
10 | signature or oral verification
of a physician, dentist, | ||||||
11 | advanced practice nurse, physician assistant, or podiatrist, | ||||||
12 | that a patient's condition is such
that it may be treated by | ||||||
13 | physical therapy as defined in this Act, which
diagnosis shall | ||||||
14 | remain in effect until changed by the physician, dentist, | ||||||
15 | advanced practice nurse, physician assistant,
or podiatrist.
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16 | (8) "State" includes:
| ||||||
17 | (a) the states of the United States of America;
| ||||||
18 | (b) the District of Columbia; and
| ||||||
19 | (c) the Commonwealth of Puerto Rico.
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20 | (9) "Physical therapist assistant" means a person licensed | ||||||
21 | to assist a
physical therapist and who has met all requirements | ||||||
22 | as provided in this Act
and who works under the supervision of | ||||||
23 | a licensed physical therapist to assist
in implementing the | ||||||
24 | physical therapy treatment program as established by the
| ||||||
25 | licensed physical therapist. The patient care activities | ||||||
26 | provided by the
physical therapist assistant shall not include | ||||||
27 | the interpretation of referrals,
evaluation procedures, or the | ||||||
28 | planning or major modification of patient programs.
| ||||||
29 | (10) "Physical therapy aide" means a person who has | ||||||
30 | received on
the job training, specific to the facility in which | ||||||
31 | he is employed, but who
has not completed an approved physical | ||||||
32 | therapist assistant program.
| ||||||
33 | (11) "Advanced practice nurse" means a person licensed | ||||||
34 | under the Nursing and Advanced Practice Nursing Act who has a | ||||||
35 | collaborative agreement with a collaborating physician that | ||||||
36 | authorizes referrals to physical therapists. |
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1 | (12) "Physician assistant" means a person licensed under | ||||||
2 | the Physician Assistant Practice Act of 1987 who has been | ||||||
3 | delegated authority to make referrals to physical therapists.
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4 | (Source: P.A. 92-651, eff. 7-11-02; 93-1010, eff. 8-24-04.)
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5 | (225 ILCS 90/6) (from Ch. 111, par. 4256)
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6 | (Section scheduled to be repealed on January 1, 2006)
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7 | Sec. 6. Duties and functions of Director and Board
| ||||||
8 | Committee . The Director shall appoint a Physical Therapy | ||||||
9 | Licensing and Disciplinary
Board
Committee as follows: Seven | ||||||
10 | persons who shall be appointed by and shall
serve in an | ||||||
11 | advisory capacity to the Director. Six members must be
actively | ||||||
12 | engaged in the practice of physical therapy in this State for a
| ||||||
13 | minimum of 5 years and one member must be a member of the | ||||||
14 | public who is not
licensed under this Act, or a similar Act of | ||||||
15 | another jurisdiction.
| ||||||
16 | Members shall serve 4 year terms and until their successors | ||||||
17 | are appointed
and qualified , except that of the initial | ||||||
18 | appointments, 2 members shall be
appointed to serve for 2 | ||||||
19 | years, 2 shall be appointed to serve for 3 years
and the | ||||||
20 | remaining shall be appointed to serve for 4 years and until | ||||||
21 | their
successors are appointed and qualified . No member shall | ||||||
22 | be reappointed to
the Board
Committee for a term which would | ||||||
23 | cause his continuous service on the
Board
Committee to be | ||||||
24 | longer than 9 successive years. Appointments to fill
vacancies | ||||||
25 | shall be made in the same manner as original appointments, for
| ||||||
26 | the unexpired portion of the vacated term. Initial terms shall | ||||||
27 | begin upon
the effective date of this amendatory Act of 1987 | ||||||
28 | and
Committee members in office
on that date shall be eligible | ||||||
29 | for appointment to specific terms as indicated herein.
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30 | For the initial appointment of the Board
Committee , the | ||||||
31 | Director shall give
priority to filling the public member terms | ||||||
32 | as vacancies become available.
| ||||||
33 | Members of the Board
Committee shall be immune from suit in | ||||||
34 | any action based upon
any disciplinary proceedings or other | ||||||
35 | activities performed in good faith as
members of the Board
|
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| |||||||
1 | Committee .
| ||||||
2 | A vacancy in the membership of the Board
Committee shall | ||||||
3 | not impair the right of a
quorum to exercise all the rights and | ||||||
4 | perform all the duties of the Board
Committee .
| ||||||
5 | The members of the Board
Committee are entitled to receive | ||||||
6 | as compensation a
reasonable sum as determined by the Director | ||||||
7 | for each day actually engaged in
the duties of the office and | ||||||
8 | all legitimate and necessary expenses incurred in
attending the | ||||||
9 | meetings of the Board
Committee .
| ||||||
10 | The membership of the Board
Committee should reasonably | ||||||
11 | reflect representation
from the geographic areas in this State.
| ||||||
12 | The Director may terminate the appointment of any member | ||||||
13 | for cause which
in the opinion of the Director reasonably | ||||||
14 | justifies such termination.
| ||||||
15 | The Director shall consider the recommendations of the | ||||||
16 | Board
Committee on
questions involving standards of | ||||||
17 | professional conduct, discipline and
qualifications of | ||||||
18 | candidates and licensees under this Act.
| ||||||
19 | Nothing shall limit the ability of the Board
Committee to | ||||||
20 | provide
recommendations to the Director in regard to any matter | ||||||
21 | affecting the
administration of this Act.
The Director shall | ||||||
22 | give due consideration to all recommendations of the
Board
| ||||||
23 | Committee . If the Director takes action contrary to a | ||||||
24 | recommendation of the
Board
Committee , the Director shall | ||||||
25 | promptly provide a written explanation of that
action.
| ||||||
26 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
27 | (225 ILCS 90/8) (from Ch. 111, par. 4258)
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28 | (Section scheduled to be repealed on January 1, 2006)
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29 | Sec. 8. Qualifications for licensure as a Physical | ||||||
30 | Therapist.
| ||||||
31 | (a) A person is qualified to receive a license
as a | ||||||
32 | physical therapist if that person has applied in writing, on | ||||||
33 | forms
prescribed by the Department, has paid the required fees, | ||||||
34 | and meets all
of the following requirements:
| ||||||
35 | (1) He or she is at least 18 years of age and of good |
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1 | moral character.
In
determining moral character, the | ||||||
2 | Department may take into consideration any
felony | ||||||
3 | conviction of the applicant, but such a conviction shall | ||||||
4 | not operate
automatically as a complete bar to a license.
| ||||||
5 | (2) He or she has graduated from a curriculum in | ||||||
6 | physical therapy
approved by the Department. In approving a | ||||||
7 | curriculum in physical therapy,
the Department shall | ||||||
8 | consider, but not be bound by, accreditation by
the | ||||||
9 | Commission on Accreditation in Physical Therapy Education.
| ||||||
10 | A person who graduated from a physical therapy program | ||||||
11 | outside the United
States or its territories shall have his | ||||||
12 | or her degree validated as equivalent
to a physical therapy | ||||||
13 | degree conferred by a regionally accredited college or
| ||||||
14 | university in the United States. The Department may | ||||||
15 | establish by rule a method
for the completion of course | ||||||
16 | deficiencies.
| ||||||
17 | (3) He or she has passed an examination approved by the | ||||||
18 | Department to
determine
his fitness for practice as a | ||||||
19 | physical therapist, or is entitled to be licensed
without | ||||||
20 | examination as provided in Sections 10 and 11 of this Act.
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21 | A person who graduated from a physical therapy program | ||||||
22 | outside the United
States or its territories and whose | ||||||
23 | first language is not English shall submit
certification of | ||||||
24 | passage of the Test of English as a Foreign Language | ||||||
25 | (TOEFL)
and the Test of Spoken English (TSE) as defined by | ||||||
26 | rule prior to taking the
licensure examination.
| ||||||
27 | (b) The Department reserves the right and may request a | ||||||
28 | personal
interview of an applicant before the Board
Committee
| ||||||
29 | to further evaluate
his or her qualifications for a license.
| ||||||
30 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
31 | (225 ILCS 90/8.1) (from Ch. 111, par. 4258.1)
| ||||||
32 | (Section scheduled to be repealed on January 1, 2006)
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33 | Sec. 8.1. Qualifications for licensure as
a physical | ||||||
34 | therapist assistant. A person is qualified to receive a license | ||||||
35 | as a
physical therapist assistant if that person has applied in |
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1 | writing, on forms
prescribed by the Department, has paid the | ||||||
2 | required fees and:
| ||||||
3 | (1) Is at least 18 years of age and of good moral | ||||||
4 | character. In
determining moral character, the Department | ||||||
5 | may take into consideration any
felony conviction of the | ||||||
6 | applicant, but such a conviction shall not operate
| ||||||
7 | automatically as a complete bar to a license;
| ||||||
8 | (2) Has graduated from a 2 year
college-level physical | ||||||
9 | therapist
therapy assistant program approved by the
| ||||||
10 | Department and attained, at a minimum, an associate's | ||||||
11 | degree from the program . In approving such a physical | ||||||
12 | therapist assistant program the
Department shall consider | ||||||
13 | but not be bound by accreditation by the
Commission on | ||||||
14 | Accreditation in Physical Therapy Education. Any person | ||||||
15 | who graduated from a
physical
therapist
therapy
assistant | ||||||
16 | program outside the United States or its territories shall | ||||||
17 | have his
or her
degree validated as equivalent to a | ||||||
18 | physical therapy assistant degree
conferred by a | ||||||
19 | regionally accredited college or university in the United
| ||||||
20 | States. The
Department may establish by rule a method for | ||||||
21 | the completion of course
deficiencies; and
| ||||||
22 | (3) Has successfully completed the examination | ||||||
23 | authorized by
the
Department. A person who graduated from a | ||||||
24 | physical therapist
therapy assistant program
outside
the | ||||||
25 | United States or its territories and whose first language | ||||||
26 | is not English
shall submit certification of passage of the | ||||||
27 | Test of English as a Foreign
Language (TOEFL) and the Test | ||||||
28 | of Spoken English (TSE) as defined by rule prior
to taking | ||||||
29 | the licensure examination.
| ||||||
30 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
31 | (225 ILCS 90/12) (from Ch. 111, par. 4262)
| ||||||
32 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
33 | Sec. 12. Examinations. The Department shall examine | ||||||
34 | applicants for
licenses as physical therapists or physical | ||||||
35 | therapist assistants at
such times and places as it may |
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| |||||||
1 | determine. At least 2 written examinations
shall be given | ||||||
2 | during each calendar year for both physical therapists and
| ||||||
3 | physical therapist assistants. The examination shall be | ||||||
4 | approved by the
Department.
| ||||||
5 | Following notification of eligibility for examination, an | ||||||
6 | applicant who
fails to take the next scheduled examination for | ||||||
7 | a license under this Act within 60 days of the notification ,
| ||||||
8 | shall forfeit his or her fee , and his or her right to practice | ||||||
9 | as a physical therapist
or physical therapist assistant until | ||||||
10 | such time as the applicant has
passed the appropriate | ||||||
11 | examination.
Any applicant failing the examination three times | ||||||
12 | in any jurisdiction will
not be allowed to
sit for another | ||||||
13 | examination until the applicant has presented satisfactory
| ||||||
14 | evidence to the Board
committee of appropriate remedial work as | ||||||
15 | set forth in the
rules and regulations.
| ||||||
16 | If an applicant neglects, fails or refuses to take an | ||||||
17 | examination or
fails to pass an examination for a license or | ||||||
18 | otherwise fails to complete the
application process under this | ||||||
19 | Act within 3 years
after filing his application, the | ||||||
20 | application shall be denied. However,
such applicant may make a | ||||||
21 | new application for examination
accompanied by the required | ||||||
22 | fee, and must furnish proof of meeting
qualifications for | ||||||
23 | examination in effect at the time of new application.
| ||||||
24 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
25 | (225 ILCS 90/15) (from Ch. 111, par. 4265)
| ||||||
26 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
27 | Sec. 15. Restoration of expired licenses. A physical | ||||||
28 | therapist or
physical therapist assistant who has permitted his | ||||||
29 | or her license to expire
or who has
had his or her license on | ||||||
30 | inactive status may have his or her license
restored by making
| ||||||
31 | application to the Department and filing proof acceptable to | ||||||
32 | the Department
of his or her fitness to have his or her license | ||||||
33 | restored, including
sworn evidence
certifying to active | ||||||
34 | practice in another jurisdiction satisfactory to the
| ||||||
35 | Department and by paying the required restoration fee.
|
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| |||||||
1 | If the physical therapist or physical therapist assistant | ||||||
2 | has not
maintained an active practice in another jurisdiction | ||||||
3 | satisfactory to the
Department, the Board
Committee shall | ||||||
4 | determine, by an evaluation program
established by rule his or | ||||||
5 | her fitness to resume active status and may
require the | ||||||
6 | physical therapist or physical therapist assistant to complete
| ||||||
7 | a period of evaluated clinical experience and may require | ||||||
8 | successful
completion of an examination.
| ||||||
9 | Any physical therapist or physical therapist assistant | ||||||
10 | whose license
has been expired or placed on inactive status for | ||||||
11 | more than 5 years may have his or her license restored by | ||||||
12 | making
application
to the Department and filing proof | ||||||
13 | acceptable to the Department of his or
her
fitness to have his | ||||||
14 | or her license restored, including sworn evidence
certifying
to | ||||||
15 | active practice in another jurisdiction and by paying the | ||||||
16 | required
restoration fee.
| ||||||
17 | However, any physical therapist or physical therapist | ||||||
18 | assistant whose
license has expired while he has been engaged | ||||||
19 | (1) in the federal service in
active duty with the Army of the | ||||||
20 | United States, the United States Navy, the
Marine Corps, the | ||||||
21 | Air Force, the Coast Guard, or the State Militia called
into | ||||||
22 | the service or training of the United States of America, or (2) | ||||||
23 | in
training or education under the supervision of the United | ||||||
24 | States
preliminary to induction into the military service, may | ||||||
25 | have his license
restored without paying any lapsed renewal | ||||||
26 | fees or restoration fee, if
within 2 years after termination of | ||||||
27 | such service, training or education,
other than by dishonorable | ||||||
28 | discharge, he furnishes the Department with an
affidavit to the | ||||||
29 | effect that he has been so engaged and
that his service, | ||||||
30 | training or education has been so terminated.
| ||||||
31 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
32 | (225 ILCS 90/17) (from Ch. 111, par. 4267)
| ||||||
33 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
34 | Sec. 17. (1) The Department may refuse to issue or to | ||||||
35 | renew, or may
revoke, suspend, place on probation, reprimand, |
| |||||||
| |||||||
1 | or
take other disciplinary action as the Department deems | ||||||
2 | appropriate,
including the issuance of fines not to exceed | ||||||
3 | $5000, with regard to a
license for any one or a combination of | ||||||
4 | the following:
| ||||||
5 | A. Material misstatement in furnishing information to | ||||||
6 | the Department
or otherwise making misleading, deceptive, | ||||||
7 | untrue, or fraudulent
representations in violation of this | ||||||
8 | Act or otherwise in the practice of
the profession;
| ||||||
9 | B. Violations of this Act, or of
the rules or | ||||||
10 | regulations promulgated hereunder;
| ||||||
11 | C. Conviction of any crime under the laws of the United | ||||||
12 | States or any
state or territory thereof which is a felony | ||||||
13 | or which is a misdemeanor,
an essential element of which is | ||||||
14 | dishonesty, or of any crime which is directly
related to | ||||||
15 | the practice of the profession; conviction, as used in this
| ||||||
16 | paragraph, shall include a finding or verdict of guilty, an | ||||||
17 | admission of
guilt or a plea of nolo contendere;
| ||||||
18 | D. Making any misrepresentation for the purpose of | ||||||
19 | obtaining licenses,
or violating any provision of this Act | ||||||
20 | or the rules promulgated thereunder
pertaining to | ||||||
21 | advertising;
| ||||||
22 | E. A pattern of practice or other behavior which | ||||||
23 | demonstrates incapacity
or incompetency to practice under | ||||||
24 | this Act;
| ||||||
25 | F. Aiding or assisting another person in violating any
| ||||||
26 | provision of this Act or Rules;
| ||||||
27 | G. Failing, within 60 days, to provide information in | ||||||
28 | response to a written
request made by the Department;
| ||||||
29 | H. Engaging in dishonorable, unethical or | ||||||
30 | unprofessional conduct of a
character likely to deceive, | ||||||
31 | defraud or harm the public. Unprofessional
conduct shall | ||||||
32 | include any departure from or the failure to conform to the
| ||||||
33 | minimal standards of acceptable and prevailing physical | ||||||
34 | therapy practice,
in which proceeding actual injury to a | ||||||
35 | patient need not be established;
| ||||||
36 | I. Unlawful distribution of any drug or narcotic, or |
| |||||||
| |||||||
1 | unlawful
conversion of any drug or narcotic not belonging | ||||||
2 | to the person for such
person's own use or benefit or for | ||||||
3 | other than medically accepted
therapeutic purposes;
| ||||||
4 | J. Habitual or excessive use or addiction to alcohol, | ||||||
5 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
6 | which results in a physical
therapist's or physical | ||||||
7 | therapist assistant's
inability to practice with | ||||||
8 | reasonable judgment, skill or safety;
| ||||||
9 | K. Revocation or suspension of a license to practice | ||||||
10 | physical therapy
as a physical therapist or physical | ||||||
11 | therapist assistant or the taking
of other disciplinary | ||||||
12 | action by the proper licensing authority of
another state, | ||||||
13 | territory or country;
| ||||||
14 | L. Directly or indirectly giving to or receiving from | ||||||
15 | any person, firm,
corporation, partnership or association | ||||||
16 | any fee, commission, rebate or other
form of compensation | ||||||
17 | for any professional services not actually or
personally | ||||||
18 | rendered. Nothing contained in this paragraph prohibits | ||||||
19 | persons holding valid and current licenses under this Act | ||||||
20 | from practicing physical therapy in partnership under a | ||||||
21 | partnership agreement, including a limited liability | ||||||
22 | partnership, a limited liability company, or a corporation | ||||||
23 | under the Professional Service Corporation Act or from | ||||||
24 | pooling, sharing, dividing, or apportioning the fees and | ||||||
25 | monies received by them or by the partnership, company, or | ||||||
26 | corporation in accordance with the partnership agreement | ||||||
27 | or the policies of the company or professional corporation;
| ||||||
28 | M. A finding by the Board
Committee that the licensee | ||||||
29 | after having his or
her license
placed on probationary | ||||||
30 | status has violated the terms of probation;
| ||||||
31 | N. Abandonment of a patient;
| ||||||
32 | O. Willfully failing to report an instance of suspected | ||||||
33 | child abuse or
neglect as required by the Abused and | ||||||
34 | Neglected Child Reporting Act;
| ||||||
35 | P. Willfully failing to report an instance of suspected | ||||||
36 | elder abuse or
neglect as required by the Elder Abuse |
| |||||||
| |||||||
1 | Reporting Act;
| ||||||
2 | Q. Physical illness, including but not limited to, | ||||||
3 | deterioration through
the aging process, or loss of motor | ||||||
4 | skill which results in the inability
to practice the | ||||||
5 | profession with reasonable judgement, skill or safety;
| ||||||
6 | R. The use of any words (such as physical therapy, | ||||||
7 | physical therapist
physiotherapy or physiotherapist), | ||||||
8 | abbreviations, figures or letters with
the intention of | ||||||
9 | indicating practice as a licensed physical therapist
| ||||||
10 | without a valid license as a physical therapist issued | ||||||
11 | under this Act;
| ||||||
12 | S. The use of the term physical therapist assistant, or | ||||||
13 | abbreviations,
figures, or letters with the intention of | ||||||
14 | indicating practice as a physical
therapist assistant | ||||||
15 | without a valid license as a physical therapist
assistant | ||||||
16 | issued under this Act;
| ||||||
17 | T. Willfully violating or knowingly assisting in the | ||||||
18 | violation of any
law of this State relating to the practice | ||||||
19 | of abortion;
| ||||||
20 | U. Continued practice by a person knowingly having an | ||||||
21 | infectious,
communicable or contagious disease;
| ||||||
22 | V. Having treated ailments of human beings otherwise | ||||||
23 | than by
the practice of physical therapy as defined in this | ||||||
24 | Act, or having treated
ailments of human beings as a | ||||||
25 | licensed physical therapist independent of a
documented | ||||||
26 | referral or a documented current and relevant diagnosis | ||||||
27 | from a
physician, dentist, advanced practice nurse, | ||||||
28 | physician assistant, or podiatrist, or having failed to | ||||||
29 | notify the
physician, dentist, advanced practice nurse, | ||||||
30 | physician assistant, or podiatrist who established a | ||||||
31 | documented current and
relevant diagnosis that the patient | ||||||
32 | is receiving physical therapy pursuant
to that diagnosis;
| ||||||
33 | W. Being named as a perpetrator in an indicated report | ||||||
34 | by the
Department of Children and Family Services pursuant | ||||||
35 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
36 | proof by clear and convincing
evidence that the licensee |
| |||||||
| |||||||
1 | has caused a child to be an abused child or
neglected child | ||||||
2 | as defined in the Abused and Neglected Child Reporting Act;
| ||||||
3 | X. Interpretation of referrals, performance of | ||||||
4 | evaluation procedures,
planning or making major | ||||||
5 | modifications of patient programs by a physical
therapist | ||||||
6 | assistant;
| ||||||
7 | Y. Failure by a physical therapist assistant and | ||||||
8 | supervising physical
therapist to maintain continued | ||||||
9 | contact, including periodic personal
supervision and | ||||||
10 | instruction, to insure safety and welfare of patients;
| ||||||
11 | Z. Violation of the Health Care Worker Self-Referral | ||||||
12 | Act.
| ||||||
13 | (2) The determination by a circuit court that a licensee is | ||||||
14 | subject to
involuntary admission or judicial admission as | ||||||
15 | provided in the Mental Health
and Developmental Disabilities | ||||||
16 | Code operates as an automatic suspension.
Such suspension will | ||||||
17 | end only upon a finding by a court that the patient is
no | ||||||
18 | longer subject to involuntary admission or judicial admission | ||||||
19 | and the
issuance of an order so finding and discharging the | ||||||
20 | patient; and upon the
recommendation of the Board
Committee to | ||||||
21 | the Director that the licensee be
allowed to resume his | ||||||
22 | practice.
| ||||||
23 | (3) The Department may refuse to issue or may suspend the | ||||||
24 | license of any
person who fails to file a return, or to pay the | ||||||
25 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
26 | final assessment of tax, penalty or
interest, as required by | ||||||
27 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
28 | until such time as the requirements of any such tax
Act are | ||||||
29 | satisfied.
| ||||||
30 | (Source: P.A. 93-1010, eff. 8-24-04.)
| ||||||
31 | (225 ILCS 90/19) (from Ch. 111, par. 4269)
| ||||||
32 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
33 | Sec. 19. Investigations; notice and hearing. The | ||||||
34 | Department may
investigate the actions of any applicant or of | ||||||
35 | any person or persons holding
or claiming to hold a license. |
| |||||||
| |||||||
1 | The Department shall, before refusing to
issue, to renew or | ||||||
2 | discipline a license pursuant to Section 17, at least 30
days | ||||||
3 | prior to
the date
set for the hearing, notify in writing the | ||||||
4 | applicant for, or holder of,
a license of the nature of the | ||||||
5 | charges, that a hearing will be held
on
the date designated, | ||||||
6 | and
direct the applicant or licensee to file a written answer | ||||||
7 | to the Board under
oath within 20 days after the service of the | ||||||
8 | notice and
inform the applicant or licensee that failure to | ||||||
9 | file an answer will result
in default being taken against the | ||||||
10 | applicant or licensee and that the
license or certificate may | ||||||
11 | be
suspended, revoked, placed on probationary status, or other | ||||||
12 | disciplinary
action may be taken, including limiting the scope, | ||||||
13 | nature or extent of
practice, as the Director may deem proper. | ||||||
14 | Written notice may be served by personal delivery
or certified | ||||||
15 | or registered mail to the respondent at the address of his
last | ||||||
16 | notification to the Department.
In case the person fails to | ||||||
17 | file an answer after receiving notice, his or
her license or | ||||||
18 | certificate may, in the discretion of the Department, be
| ||||||
19 | suspended, revoked, or placed on probationary status, or the | ||||||
20 | Department may
take whatever disciplinary action deemed | ||||||
21 | proper, including limiting the
scope, nature, or extent of the | ||||||
22 | person's practice or the imposition of a
fine, without a | ||||||
23 | hearing, if the act or acts charged constitute sufficient
| ||||||
24 | grounds for such action under this Act.
At the time and place | ||||||
25 | fixed in the
notice, the Board
Committee shall proceed to hear | ||||||
26 | the charges and the parties
or their counsel shall be accorded | ||||||
27 | ample opportunity to present such statements,
testimony, | ||||||
28 | evidence and argument as may be pertinent to the charges or to
| ||||||
29 | their defense. The Board
Committee may continue a hearing from | ||||||
30 | time to time.
| ||||||
31 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
32 | (225 ILCS 90/20) (from Ch. 111, par. 4270)
| ||||||
33 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
34 | Sec. 20. Stenographer - Transcript. The Department, at its | ||||||
35 | expense,
shall preserve a record of all proceedings at the |
| |||||||
| |||||||
1 | formal hearing of any
case involving the refusal to issue, | ||||||
2 | renew or discipline of a license.
The notice of hearing, | ||||||
3 | complaint and all other documents in the nature of
pleadings | ||||||
4 | and written motions filed in the proceedings, the transcript of
| ||||||
5 | testimony, the report of the Board
Committee and order of the | ||||||
6 | Department shall
be the record of such proceeding.
| ||||||
7 | (Source: P.A. 84-595.)
| ||||||
8 | (225 ILCS 90/22) (from Ch. 111, par. 4272)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
10 | Sec. 22. Findings and Recommendations. At the conclusion of | ||||||
11 | the hearing
the Board
Committee shall present to the Director a | ||||||
12 | written report of its findings
and recommendations. The report | ||||||
13 | shall contain a finding whether or not
the accused person | ||||||
14 | violated this Act or failed to comply with the conditions
| ||||||
15 | required in this Act. The Board
Committee shall specify the | ||||||
16 | nature of the violation
or failure to comply, and shall make | ||||||
17 | its recommendations to the Director.
| ||||||
18 | The report of findings and recommendations of the Board
| ||||||
19 | Committee shall be the
basis for the Department's order or | ||||||
20 | refusal or for the granting of a license
or permit unless the | ||||||
21 | Director shall determine that the Board
Committee report
is | ||||||
22 | contrary to the manifest weight of the evidence, in which case | ||||||
23 | the Director
may issue an order in contravention of the Board
| ||||||
24 | Committee report. The finding
is not admissible in evidence | ||||||
25 | against the person in a criminal prosecution
brought for the | ||||||
26 | violation of this Act, but the hearing and finding are not
a | ||||||
27 | bar to a criminal prosecution brought for the violation of this | ||||||
28 | Act.
| ||||||
29 | (Source: P.A. 84-595.)
| ||||||
30 | (225 ILCS 90/23) (from Ch. 111, par. 4273)
| ||||||
31 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
32 | Sec. 23. Rehearing. In any case involving the refusal to | ||||||
33 | issue, renew
or discipline of a license, a copy of the Board's
| ||||||
34 | Committee's report shall be served
upon the respondent by the |
| |||||||
| |||||||
1 | Department, either personally or as provided
in this Act for | ||||||
2 | the service of the notice of hearing. Within 20 days after
such | ||||||
3 | service, the respondent may present to the Department a motion | ||||||
4 | in writing
for a rehearing, which motion shall specify the | ||||||
5 | particular grounds therefor.
If no motion for rehearing is | ||||||
6 | filed, then upon the expiration of the time
specified for | ||||||
7 | filing such a motion, or if a motion for rehearing is denied,
| ||||||
8 | then upon such denial the Director may enter an order in | ||||||
9 | accordance with
recommendations of the Board
Committee except | ||||||
10 | as provided in Section 22
of this Act. If the respondent shall | ||||||
11 | order from the reporting service, and
pay for a transcript of | ||||||
12 | the record within the time for filing a motion for
rehearing, | ||||||
13 | the 20 day period within which such a motion may be filed shall
| ||||||
14 | commence upon the delivery of the transcript to the respondent.
| ||||||
15 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
16 | (225 ILCS 90/25) (from Ch. 111, par. 4275)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
18 | Sec. 25. Appointment of a Hearing Officer. The Director | ||||||
19 | shall have
the authority to appoint any attorney duly licensed | ||||||
20 | to practice law in the
State of Illinois to serve as the | ||||||
21 | hearing officer in any action for refusal
to issue, renew or | ||||||
22 | discipline of a license or permit. The hearing officer
shall | ||||||
23 | have full authority to conduct the hearing. At least one member | ||||||
24 | of the
Board
Committee shall attend each hearing. The hearing | ||||||
25 | officer shall
report his findings and recommendations to the | ||||||
26 | Board
Committee and the Director.
The Board
Committee shall | ||||||
27 | have 60 days from receipt of the report to review the
report of | ||||||
28 | the hearing officer and present their findings of fact, | ||||||
29 | conclusions
of law and recommendations to the Director. If the | ||||||
30 | Board
Committee fails to present
its report within the 60 day | ||||||
31 | period, the Director shall issue an order based
on the report | ||||||
32 | of the hearing officer. If the Director determines that the | ||||||
33 | Board's
Committee's report is contrary to the manifest weight | ||||||
34 | of the evidence, he
may issue an order in contravention of the | ||||||
35 | Board's
Committee's report.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||
2 | (225 ILCS 90/26) (from Ch. 111, par. 4276)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
4 | Sec. 26. Order or certified copy; prima facie proof.
An | ||||||
5 | order or a certified copy thereof, over the seal of the | ||||||
6 | Department and
purporting to be signed by the Director, shall | ||||||
7 | be prima facie proof that:
| ||||||
8 | (a) the signature is the genuine signature of the
| ||||||
9 | Director;
| ||||||
10 | (b) the Director is duly appointed and qualified;
and
| ||||||
11 | (c) the Board
Committee and the members thereof are | ||||||
12 | qualified to act.
| ||||||
13 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
14 | (225 ILCS 90/27) (from Ch. 111, par. 4277)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
16 | Sec. 27. Restoration of Suspended or Revoked License. At | ||||||
17 | any time
after the suspension or revocation of any license, the | ||||||
18 | Department may restore
it to the accused person, upon the | ||||||
19 | written recommendation of the Board
Committee
unless after an | ||||||
20 | investigation and a hearing, the Board
Committee determines | ||||||
21 | that
restoration is not in the public interest.
| ||||||
22 | (Source: P.A. 84-595.)
| ||||||
23 | (225 ILCS 90/29) (from Ch. 111, par. 4279)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2006)
| ||||||
25 | Sec. 29. Temporary Suspension of a License. The Director | ||||||
26 | may
temporarily suspend the license of a physical therapist or | ||||||
27 | physical
therapist assistant without a hearing, simultaneously | ||||||
28 | with the institution
of proceedings for a hearing provided for | ||||||
29 | in Section 19 of this Act, if the
Director finds that evidence | ||||||
30 | in his possession indicates that a physical
therapist's or a | ||||||
31 | physical therapist assistant's continuation in practice
would | ||||||
32 | constitute an imminent danger to the public. In the event that | ||||||
33 | the
Director suspends, temporarily, the license of a physical |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | therapist or
physical therapist assistant without a hearing, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | hearing by the Board
Committee
must be held within 30 calendar | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | days after such suspension has occurred.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (Source: P.A. 89-387, eff. 1-1-96.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | becoming law.
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