Full Text of HB2996 98th General Assembly
HB2996eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 changing | 5 | | Section 4.24 and by adding Section 4.34 as follows:
| 6 | | (5 ILCS 80/4.24)
| 7 | | Sec. 4.24. Acts and Section repealed on January 1, 2014. | 8 | | The following
Acts and Section of an Act are repealed
on | 9 | | January 1, 2014:
| 10 | | The Electrologist Licensing Act.
| 11 | | The Illinois Certified Shorthand Reporters Act of 1984.
| 12 | | The Illinois Occupational Therapy Practice Act.
| 13 | | The Illinois Public Accounting Act.
| 14 | | The Private Detective, Private Alarm, Private Security, | 15 | | Fingerprint Vendor, and Locksmith Act
of 2004.
| 16 | | The Registered Surgical Assistant and Registered Surgical | 17 | | Technologist
Title Protection Act.
| 18 | | Section 2.5 of the Illinois Plumbing License Law. | 19 | | The Veterinary Medicine and Surgery Practice Act of 2004.
| 20 | | (Source: P.A. 97-1139, eff. 12-28-12.)
| 21 | | (5 ILCS 80/4.34 new) | 22 | | Sec. 4.34. Act repealed on January 1, 2024. The following |
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| 1 | | Act is repealed on January 1, 2024: | 2 | | The Illinois Occupational Therapy Practice Act. | 3 | | Section 10. The Illinois Occupational Therapy Practice Act | 4 | | is amended by changing Sections 2, 3, 3.1, 3.3, 3.5, 4, 5, 6, | 5 | | 7, 8, 11, 11.1, 12, 15, 16, 16.5, 18, 19, 19.1, 19.2, 19.3, | 6 | | 19.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.11, 19.13, 19.15, | 7 | | 19.16, 20, and 21 and by adding Section 19.2a as follows:
| 8 | | (225 ILCS 75/2) (from Ch. 111, par. 3702)
| 9 | | (Section scheduled to be repealed on January 1, 2014)
| 10 | | Sec. 2. Definitions. In this Act:
| 11 | | (1) "Department" means the Department of Financial and | 12 | | Professional Regulation.
| 13 | | (2) "Secretary" means the Secretary of the Department of | 14 | | Financial and Professional Regulation. "Director" means the | 15 | | Director of Professional Regulation.
| 16 | | (3) "Board" means the Illinois Occupational Therapy | 17 | | Licensure Board
appointed by the Secretary. Director.
| 18 | | (4) "Occupational therapist" means a person initially
| 19 | | registered and licensed to practice
occupational therapy as | 20 | | defined in this Act, and whose license is in good
standing.
| 21 | | (5) "Occupational therapy assistant" means a person
| 22 | | initially registered and licensed to assist in the practice of | 23 | | occupational
therapy under the supervision of a licensed | 24 | | occupational
therapist, and to implement the occupational |
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| 1 | | therapy treatment program as
established by the licensed | 2 | | occupational therapist. Such
program may include training in | 3 | | activities of daily living,
the use of therapeutic activity | 4 | | including task oriented activity to enhance
functional | 5 | | performance, and guidance in the selection and use of adaptive
| 6 | | equipment.
| 7 | | (6) "Occupational therapy" means the therapeutic use of | 8 | | purposeful and
meaningful occupations or goal-directed | 9 | | activities to evaluate and provide
interventions for | 10 | | individuals , groups, and populations who have a disease or | 11 | | disorder,
an impairment, an activity limitation, or a | 12 | | participation restriction that
interferes with their ability | 13 | | to function independently in their daily life
roles , including | 14 | | activities of daily living (ADLs) and instrumental activities | 15 | | of daily living (IADLs). Occupational therapy services are | 16 | | provided for the purpose of habilitation, rehabilitation, and | 17 | | to promote health and wellness. Occupational therapy may be | 18 | | provided via technology or telecommunication methods, also | 19 | | known as telehealth, however the standard of care shall be the | 20 | | same whether a patient is seen in person, through telehealth, | 21 | | or other method of electronically enabled health care. and to | 22 | | promote health and wellness. Occupational therapy practice | 23 | | intervention
may include any of the following:
| 24 | | (a) remediation or restoration of performance | 25 | | abilities that are limited
due to impairment in biological, | 26 | | physiological, psychological, or neurological
processes;
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| 1 | | (b) modification or adaptation of task, process, or the | 2 | | environment or the teaching of
compensatory techniques in | 3 | | order to enhance performance;
| 4 | | (c) disability prevention methods and techniques that | 5 | | facilitate the
development or safe application of | 6 | | performance skills; and
| 7 | | (d) health and wellness promotion strategies , | 8 | | including self-management strategies, and practices that | 9 | | enhance performance
abilities.
| 10 | | The licensed occupational therapist or licensed | 11 | | occupational therapy assistant may assume a variety of roles in
| 12 | | his or her career including,
but not limited to, practitioner, | 13 | | supervisor of professional students and
volunteers, | 14 | | researcher, scholar, consultant, administrator, faculty, | 15 | | clinical
instructor, fieldwork educator, and educator of | 16 | | consumers, peers, and family.
| 17 | | (7) "Occupational therapy services" means services that | 18 | | may be provided to
individuals , groups, and populations , when | 19 | | provided to treat an occupational therapy need, including , | 20 | | without limitation, the following:
| 21 | | (a) evaluating, developing, improving, sustaining, or | 22 | | restoring skills in
activities of daily living, work, or | 23 | | productive activities, including
instrumental activities | 24 | | of daily living and play and leisure activities;
| 25 | | (b) evaluating, developing, remediating, or restoring
| 26 | | sensorimotor,
cognitive, or psychosocial components of |
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| 1 | | performance with considerations for cultural context and | 2 | | activity demands that affect performance ;
| 3 | | (c) designing, fabricating, applying, or training in | 4 | | the use of assistive
technology , adaptive devices, seating | 5 | | and positioning, or temporary, orthoses and training in the | 6 | | use of orthoses and
prostheses;
| 7 | | (d) adapting environments and processes, including the | 8 | | application of
ergonomic principles, to enhance | 9 | | performance and safety in daily life roles;
| 10 | | (e) for the occupational therapist or occupational | 11 | | therapy
assistant possessing advanced training, skill, and
| 12 | | competency as demonstrated through criteria examinations | 13 | | that shall be determined by the
Department, applying | 14 | | physical agent modalities as an adjunct to or in
| 15 | | preparation for engagement in occupations;
| 16 | | (f) evaluating and providing intervention in | 17 | | collaboration with the
client, family, caregiver, or | 18 | | others;
| 19 | | (g) educating the client, family, caregiver, or others | 20 | | in carrying out
appropriate nonskilled interventions; and
| 21 | | (h) consulting with groups, programs, organizations, | 22 | | or communities to
provide population-based services ; . | 23 | | (i) assessing, recommending, and training in | 24 | | techniques to enhance functional mobility, including | 25 | | wheelchair management; | 26 | | (j) driver rehabilitation and community mobility; |
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| 1 | | (k) management of feeding, eating, and swallowing to | 2 | | enable or enhance performance of these tasks; | 3 | | (l) low vision rehabilitation; | 4 | | (m) lymphedema and wound care management; | 5 | | (n) pain management; and | 6 | | (o) care coordination, case management, and transition | 7 | | services.
| 8 | | (8) (Blank). "An aide in occupational therapy" means an | 9 | | individual who provides
supportive services to occupational | 10 | | therapists or occupational therapy
assistants but who is not | 11 | | certified by a nationally
recognized occupational therapy | 12 | | certifying or licensing body.
| 13 | | (9) "Address of record" means the designated address | 14 | | recorded by the Department in the applicant's or licensee's | 15 | | application file or license file as maintained by the | 16 | | Department's licensure maintenance unit. It is the duty of the | 17 | | applicant or licensee to inform the Department of any change of | 18 | | address, and those changes must be made either through the | 19 | | Department's website or by contacting the Department. | 20 | | (Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651, | 21 | | eff.
7-11-02; 93-461, eff. 8-8-03.)
| 22 | | (225 ILCS 75/3) (from Ch. 111, par. 3703)
| 23 | | (Section scheduled to be repealed on January 1, 2014)
| 24 | | Sec. 3. Licensure requirement; exempt activities. After | 25 | | the effective date of this Act, no person shall practice
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| 1 | | occupational therapy or hold himself out as an occupational | 2 | | therapist or
an occupational therapy assistant, or as being | 3 | | able to practice occupational
therapy or to render services | 4 | | designated as occupational therapy in this State,
unless
he is | 5 | | licensed in accordance with the provisions of this Act.
| 6 | | Nothing in this Act shall be construed as preventing or | 7 | | restricting the
practice, services, or activities of:
| 8 | | (1) Any person licensed in this State by any other law from | 9 | | engaging in
the profession or occupation for which he is | 10 | | licensed; or
| 11 | | (2) Any person employed as an occupational therapist or | 12 | | occupational therapy
assistant by the Government of the United | 13 | | States, if such person provides
occupational therapy solely | 14 | | under the direction or control of the organization
by which he | 15 | | or she is employed; or
| 16 | | (3) Any person pursuing a course of study leading to a | 17 | | degree or certificate
in occupational therapy at an accredited | 18 | | or approved educational program
if such activities and services | 19 | | constitute a part of a supervised course
of study, and if such | 20 | | person is designated by a title which clearly indicates
his or | 21 | | her status as a student or trainee; or
| 22 | | (4) Any person fulfilling the supervised work experience | 23 | | requirements
of Sections 8 and 9 of this Act, if such | 24 | | activities and services constitute
a part of the experience | 25 | | necessary to meet the requirement of those Sections;
or
| 26 | | (5) Any person performing occupational therapy services in |
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| 1 | | the State,
if such a person is not a resident of this State and | 2 | | is not licensed under
this Act, and if such services are | 3 | | performed for no more than 60 days a
calendar year in | 4 | | association with an occupational therapist licensed under
this | 5 | | Act and if such person meets the qualifications for license | 6 | | under this Act
and:
| 7 | | (i) such person is licensed under the law of another | 8 | | state which has
licensure
requirements at least as | 9 | | restrictive as the requirements of this Act, or
| 10 | | (ii) such person meets the requirements for | 11 | | certification as an
Occupational
Therapist Registered | 12 | | (O.T.R.) or a Certified Occupational Therapy Assistant
| 13 | | (C.O.T.A.) established by the National Board for | 14 | | Certification of
Occupational Therapy or another | 15 | | nationally recognized credentialing body
approved by the | 16 | | Board; or
| 17 | | (6) The practice of occupational therapy by one who has | 18 | | applied in writing
to the Department for a license, in form and | 19 | | substance satisfactory to
the Department, and has complied with | 20 | | all the provisions
of either Section 8 or 9 except the passing | 21 | | of the examination to be eligible
to receive such license. In | 22 | | no event shall this exemption
extend to any person for longer | 23 | | than 6 months, except as follows:
| 24 | | (i) if the date on which a person can take the next | 25 | | available examination
authorized by the
Department extends | 26 | | beyond 6 months from the date the person completes the
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| 1 | | occupational therapy
program as required under Section 8 or | 2 | | 9,
the
Department shall extend the exemption until the | 3 | | results of that
examination become available to the | 4 | | Department; or
| 5 | | (ii) if the Department is unable to complete its | 6 | | evaluation and processing
of a person's application for a | 7 | | license within 6 months after the date on which
the | 8 | | application is submitted to the Department in proper form, | 9 | | the Department
shall extend the exemption until the | 10 | | Department has completed its evaluation
and processing of | 11 | | the application.
| 12 | | In the event such applicant fails the examination, the | 13 | | applicant shall
cease work immediately until such time as the | 14 | | applicant is licensed to
practice occupational therapy in this | 15 | | State.
| 16 | | (7) The practice of occupational therapy by one who has | 17 | | applied to the
Department, in form and substance satisfactory | 18 | | to the Department, and who
is licensed to practice occupational | 19 | | therapy under the laws of another
state, territory of the | 20 | | United States or country and who is qualified to
receive a | 21 | | license under the provisions of either Section 8 or 9 of this
| 22 | | Act. In no event shall this exemption extend to any person for | 23 | | longer than 6
months.
| 24 | | (8) (Blank). The practice of occupational therapy by one | 25 | | who has applied to the
Department, in form and substance | 26 | | satisfactory to the Department, and who
is qualified to receive |
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| 1 | | a license under the provisions of either Section 8
or 9 of this | 2 | | Act. In no event shall this exemption extend to any person
for | 3 | | longer than 6 months.
| 4 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 5 | | (225 ILCS 75/3.1)
| 6 | | (Section scheduled to be repealed on January 1, 2014)
| 7 | | Sec. 3.1. Referrals. | 8 | | (a) A licensed occupational therapist or licensed
| 9 | | occupational therapy assistant may consult with, educate, | 10 | | evaluate, and monitor
services for individuals, groups, and | 11 | | populations clients concerning non-medical occupational | 12 | | therapy needs. Except as indicated in subsections (b) and (c) | 13 | | of this Section, implementation
Implementation of direct | 14 | | occupational therapy treatment to individuals for their | 15 | | specific
health care conditions shall be based upon a referral | 16 | | from a licensed
physician, dentist, podiatrist, advanced | 17 | | practice nurse who has a written collaborative agreement with a | 18 | | collaborating physician to provide or accept referrals from | 19 | | licensed occupational therapists, physician assistant who has | 20 | | been delegated authority to provide or accept referrals from or | 21 | | to licensed occupational therapists, or optometrist.
| 22 | | (b) A referral is not required for the purpose of providing | 23 | | consultation, habilitation, screening, education, wellness, | 24 | | prevention, environmental assessments, and work-related | 25 | | ergonomic services to individuals, groups, or populations. |
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| 1 | | (c) Referral from a physician or other health care provider | 2 | | is not required for evaluation or intervention for children and | 3 | | youths if an occupational therapist or occupational therapy | 4 | | assistant provides services in a school-based or educational | 5 | | environment, including the child's home. | 6 | | (d) An occupational therapist shall refer to a licensed | 7 | | physician, dentist,
optometrist, advanced practice nurse, | 8 | | physician assistant, or podiatrist any patient whose medical | 9 | | condition should, at the
time of evaluation or treatment, be | 10 | | determined to be beyond the scope of
practice of the | 11 | | occupational therapist.
| 12 | | (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962, | 13 | | eff. 8-20-04.)
| 14 | | (225 ILCS 75/3.3)
| 15 | | (Section scheduled to be repealed on January 1, 2014)
| 16 | | Sec. 3.3. Rules. The Department shall promulgate rules to | 17 | | define and
regulate the activities of an aide in occupational | 18 | | therapy aides .
| 19 | | (Source: P.A. 92-297, eff. 1-1-02 .)
| 20 | | (225 ILCS 75/3.5)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 3.5. Unlicensed practice; violation; civil penalty.
| 23 | | (a) In addition to any other penalty provided by law, any | 24 | | Any person who practices, offers to practice, attempts to |
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| 1 | | practice, or
holds oneself out to practice as an occupational | 2 | | therapist or assistant without
being licensed under this Act | 3 | | shall, in
addition to any other penalty provided by law, pay a | 4 | | civil penalty to the
Department in an amount not to exceed | 5 | | $10,000 $5,000 for each offense as determined by
the | 6 | | Department. The civil penalty shall be assessed by the | 7 | | Department after a
hearing is held in accordance with the | 8 | | provisions set forth in this Act
regarding the provision of a | 9 | | hearing for the discipline of a licensee.
| 10 | | (b) The Department has the authority and power to | 11 | | investigate any and all
unlicensed activity.
| 12 | | (c) The civil penalty shall be paid within 60 days after | 13 | | the effective date
of the order imposing the civil penalty. The | 14 | | order shall constitute a judgment
and may be filed and | 15 | | execution had thereon in the same manner as any judgment
from | 16 | | any court of record.
| 17 | | (Source: P.A. 89-474, eff. 6-18-96 .)
| 18 | | (225 ILCS 75/4) (from Ch. 111, par. 3704)
| 19 | | (Section scheduled to be repealed on January 1, 2014)
| 20 | | Sec. 4. Administration of Act; rules and forms. | 21 | | (a) The Department shall exercise the powers and duties
| 22 | | prescribed by the Civil Administrative Code of Illinois for the
| 23 | | administration of licensing Acts and shall exercise such other | 24 | | powers and
duties necessary for effectuating the purposes of | 25 | | this Act.
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| 1 | | (b) The Secretary may Director shall promulgate rules | 2 | | consistent with the provisions of
this Act for the | 3 | | administration and enforcement thereof, and for the payment
of | 4 | | fees connected therewith, and may prescribe forms which shall | 5 | | be issued
in connection therewith. The rules may shall include | 6 | | but not be limited to
the standards and criteria for licensure | 7 | | and professional conduct and
discipline; the standards and | 8 | | criteria used in determining when oral
interviews will be | 9 | | conducted; the standards and criteria used when
determining | 10 | | fitness to practice therapy; and the procedures followed in
| 11 | | oral interviews. The Department may shall
consult with the | 12 | | Board in promulgating rules. Notice of proposed rulemaking
| 13 | | shall be transmitted to the Board and the Department shall | 14 | | review the
Board's response and any recommendations made | 15 | | therein. The Department
shall notify the Board in writing with | 16 | | proper explanation of deviations
from the Board's | 17 | | recommendations and responses.
| 18 | | (c) The Department may at any time seek the advice and the | 19 | | expert knowledge
of the Board on any matter relating to the | 20 | | administration of this Act.
| 21 | | (d) The Department shall issue quarterly a report to the | 22 | | Board of the
status of all complaints related to the profession | 23 | | filed with the Department.
| 24 | | (Source: P.A. 84-793 .)
| 25 | | (225 ILCS 75/5) (from Ch. 111, par. 3705)
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| 1 | | (Section scheduled to be repealed on January 1, 2014)
| 2 | | Sec. 5. Board. The Secretary Director shall appoint an | 3 | | Illinois Occupational Therapy
Licensure Board as follows: 7 | 4 | | persons who shall be appointed by and shall
serve in
an | 5 | | advisory capacity to the Secretary. Director. Four One member | 6 | | must be a physician
licensed
to practice medicine in all of its | 7 | | branches; 3 members must be licensed
occupational therapists in | 8 | | good standing, and actively engaged
in the
practice of | 9 | | occupational therapy in this State; 2 members must be licensed
| 10 | | occupational therapy assistants in good standing and actively
| 11 | | engaged in the practice of occupational therapy in this State; | 12 | | and 1 member
must be a public member who is not licensed under | 13 | | this Act, or a similar Act of
another jurisdiction, and is not | 14 | | a provider of health care service.
| 15 | | Members shall serve 4 year terms and until their successors | 16 | | are appointed
and qualified. No member shall be appointed under | 17 | | this or any prior Act
to the Board for service which would | 18 | | constitute more than 2 full consecutive terms.
Appointments to | 19 | | fill vacancies shall be made in the same manner as original
| 20 | | appointments, for the unexpired portion of the vacated term. | 21 | | Initial terms
shall begin upon the effective date of this Act.
| 22 | | The membership of the Board should reasonably reflect | 23 | | representation from
the geographic areas in this State.
| 24 | | The Secretary shall have the authority to remove or suspend | 25 | | any member of the Board for cause at any time before the | 26 | | expiration of his or her term. The Secretary shall be the sole |
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| 1 | | arbiter of cause. Director may terminate the appointment of any | 2 | | member for cause which
in the opinion of the Director | 3 | | reasonably justifies such termination.
| 4 | | The Secretary Director shall consider the recommendations | 5 | | of the Board on questions
involving standards of professional | 6 | | conduct, discipline and qualifications
of candidates and | 7 | | license holders under this Act.
| 8 | | Four members of the Board shall constitute a quorum. A | 9 | | quorum is required for all Board decisions. | 10 | | Members of the Board have no liability in any action based | 11 | | upon any disciplinary proceeding or other activity performed in | 12 | | good faith as a member of the Board. | 13 | | Members of the Board shall be reimbursed for all | 14 | | legitimate, necessary, and authorized expenses incurred in | 15 | | attending the meetings of the Board. | 16 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 17 | | (225 ILCS 75/6) (from Ch. 111, par. 3706)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 6. Applications for original licensure. Applications | 20 | | for original licensure shall be made to the Department
in | 21 | | writing on forms prescribed by the Department and shall be | 22 | | accompanied
by the required fee, which shall not be returnable. | 23 | | Any such application
shall require such information as in the | 24 | | judgment of the Department will
enable the Department to pass | 25 | | on the qualifications of the applicant for
licensure. |
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| 1 | | Applicants have 3 years from the date of application to | 2 | | complete the application process. If the process has not been | 3 | | completed within 3 years, the application shall be denied, the | 4 | | fee forfeited, and the applicant must reapply and meet the | 5 | | requirements in effect at the time of reapplication.
| 6 | | (Source: P.A. 83-696 .)
| 7 | | (225 ILCS 75/7) (from Ch. 111, par. 3707)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 7. Examinations. The Department shall authorize | 10 | | examinations of applicants for a license under this Act at the | 11 | | times at least annually
and at such time and place as it may | 12 | | designate. The examination shall be
of a character to give a | 13 | | fair test of the qualifications of the applicant
to practice | 14 | | occupational therapy.
| 15 | | Applications for examination as occupational therapists | 16 | | and occupational
therapy assistants shall be required to pay, | 17 | | either to the Department or
the designated testing service, a | 18 | | fee covering the cost of providing the
examination. Failure to | 19 | | appear for the examination on the scheduled date,
at the time | 20 | | and place specified, after the applicant's application for
| 21 | | examination has been received and acknowledged by the | 22 | | Department or the
designated testing service, shall result in | 23 | | the forfeiture of the
examination fee.
| 24 | | If an applicant neglects, fails or refuses to take the | 25 | | examination within
90 days after the date the Confirmation of |
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| 1 | | Examination and Eligibility to
Examine Notice is issued or | 2 | | fails to pass an examination for certification
under this Act, | 3 | | the application shall be denied. If an applicant fails to pass
| 4 | | an examination for registration under this Act within 3 years | 5 | | after filing
his application, the application shall be denied. | 6 | | The applicant
may thereafter make a new application accompanied | 7 | | by the required fee,
however, the applicant shall meet all | 8 | | requirements in effect at the time of
subsequent application | 9 | | before obtaining licensure.
| 10 | | The Department may employ consultants for the purposes of | 11 | | preparing and
conducting examinations.
| 12 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 13 | | (225 ILCS 75/8) (from Ch. 111, par. 3708)
| 14 | | (Section scheduled to be repealed on January 1, 2014)
| 15 | | Sec. 8.
A person shall be qualified for licensure as an | 16 | | occupational
therapist if that person:
| 17 | | (1) has applied in writing in form and substance to the | 18 | | Department;
| 19 | | (2) (blank);
| 20 | | (3) has completed an occupational therapy program of at | 21 | | least 4 years in
length, leading to a Masters or doctoral | 22 | | baccalaureate degree, or its equivalent, approved by
the | 23 | | Department; and
| 24 | | (4) has successfully completed the examination
| 25 | | authorized by
the Department within the past 5 years.
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| 1 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 2 | | (225 ILCS 75/11) (from Ch. 111, par. 3711)
| 3 | | (Section scheduled to be repealed on January 1, 2014)
| 4 | | Sec. 11. Expiration and renewal; restoration; military | 5 | | service. | 6 | | (a) The expiration date and renewal period for each | 7 | | certificate
issued under this Act shall be set by rule.
| 8 | | (b) Any occupational therapist or occupational therapy | 9 | | assistant who has
permitted his or her license to expire or who | 10 | | has had his or her license on inactive
status may have his or | 11 | | her license restored by making application to the
Department , | 12 | | by and filing proof acceptable to the Department of his fitness | 13 | | to
have his license restored , by paying the required fee, and | 14 | | by showing proof of compliance with any continuing education | 15 | | requirements . Proof The Department may consider a certificate
| 16 | | expired less than 5 years as prima facie evidence that the | 17 | | applicant is
fit. If the applicant's license has expired or | 18 | | been placed on inactive
status, proof of fitness may include | 19 | | sworn evidence certifying to active
practice in another | 20 | | jurisdiction satisfactory to the Department and by
paying the | 21 | | required restoration fee .
| 22 | | If the occupational therapist or occupational therapy | 23 | | assistant has not
maintained an active practice in another | 24 | | jurisdiction satisfactory to the
Department, the Department | 25 | | shall determine, by an evaluation program
established by rule, |
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| 1 | | his fitness to resume active status and shall establish | 2 | | procedures and requirements for restoration. may require
the | 3 | | occupational therapist or occupational therapy
assistant to | 4 | | successfully complete a practice examination.
| 5 | | (c) However, any occupational therapist or occupational | 6 | | therapy assistant whose
license expired while he was (1) in | 7 | | Federal Service on
active duty with
the Armed Forces of the | 8 | | United States, or the State Militia called into
service or | 9 | | training, or (2) in training or education under the supervision
| 10 | | of the United States preliminary to induction into the military | 11 | | service,
may have his or her license certificate renewed or | 12 | | restored without paying any lapsed renewal
fees if within 2 | 13 | | years after honorable termination of such service, training or | 14 | | education
except under conditions other than honorable, he or | 15 | | she furnishes furnished the Department
with satisfactory | 16 | | evidence to the effect that he or she has been so engaged and
| 17 | | that his or her service, training , or education has been so | 18 | | terminated.
| 19 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 20 | | (225 ILCS 75/11.1)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 11.1. Continuing education requirement. As a | 23 | | condition for renewal of a license, licensees shall be required | 24 | | to complete continuing education in occupational therapy in | 25 | | accordance with rules established by the Department. All |
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| 1 | | renewal applicants shall
provide proof of having met the | 2 | | continuing competency requirements set forth in
the rules of | 3 | | the Department. The Department shall provide by rule for an
| 4 | | orderly process for the reinstatement of licenses that have not | 5 | | been
renewed for failure to meet the continuing competency | 6 | | requirements. The
continuing competency requirements may be | 7 | | waived in cases of extreme hardship
as defined by rule.
| 8 | | The Department shall establish by rule a means for | 9 | | verifying the completion
of the continuing competency required | 10 | | by this Section.
This verification may be accomplished through | 11 | | audits of
records
maintained by licensees, by requiring the | 12 | | filing of continuing competency
certificates
with the | 13 | | Department, or by any other means established by the | 14 | | Department.
| 15 | | (Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
| 16 | | (225 ILCS 75/12) (from Ch. 111, par. 3712)
| 17 | | (Section scheduled to be repealed on January 1, 2014)
| 18 | | Sec. 12. Inactive status; restoration. Any occupational | 19 | | therapist or occupational therapy assistant
who notifies the | 20 | | Department in writing on forms prescribed by the Department,
| 21 | | may elect to place his license on an inactive status and shall, | 22 | | subject
to rules of the Department, be excused from payment of | 23 | | renewal fees until
he notifies the Department in writing of his | 24 | | desire to resume active status.
| 25 | | Any occupational therapist or occupational therapy |
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| 1 | | assistant requesting
restoration from inactive or expired | 2 | | status shall be required to pay the current renewal
fee , | 3 | | demonstrate compliance with continuing education requirements, | 4 | | if any, and shall be required to restore his license as | 5 | | provided in Section 11.
| 6 | | Any occupational therapist or occupational therapy | 7 | | assistant whose license
is in expired or an inactive status | 8 | | shall not practice occupational therapy in the
State of | 9 | | Illinois.
| 10 | | (Source: P.A. 83-696 .)
| 11 | | (225 ILCS 75/15) (from Ch. 111, par. 3715)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 15.
Any person who is issued a license as an | 14 | | occupational therapist
registered under the terms of this Act | 15 | | may use the words "occupational
therapist" or "licensed | 16 | | occupational therapist", or
may use the
letters "O.T.", "OT/L", | 17 | | or "OTR/L", "O.T", in connection with his or her name or place
| 18 | | of business to denote his or her licensure under this Act.
| 19 | | Any person who is issued a license as a occupational | 20 | | therapy
assistant under the terms of this Act may use the | 21 | | words, "occupational therapy
assistant" or "licensed | 22 | | occupational therapy assistant", or
he or she may use
the | 23 | | letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his | 24 | | or her
name or place of business to denote his or her licensure | 25 | | under this
Act.
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| 1 | | (Source: P.A. 93-461, eff. 8-8-03.)
| 2 | | (225 ILCS 75/16) (from Ch. 111, par. 3716)
| 3 | | (Section scheduled to be repealed on January 1, 2014)
| 4 | | Sec. 16. Fees; returned checks. The fees for the | 5 | | administration and
enforcement of this Act,
including but not | 6 | | limited to, original certification, renewal , and
restoration | 7 | | of a license issued under this Act , shall be set by rule. The | 8 | | fees shall be non-refundable.
| 9 | | Any person who delivers a check or other payment to the | 10 | | Department that
is returned to the Department unpaid by the | 11 | | financial institution upon
which it is drawn shall pay to the | 12 | | Department, in addition to the amount
already owed to the | 13 | | Department, a fine of $50. The fines imposed by this Section | 14 | | are in addition
to any other discipline provided under this Act | 15 | | for unlicensed
practice or practice on a nonrenewed license. | 16 | | The Department shall notify
the person that payment of fees and | 17 | | fines shall be paid to the Department
by certified check or | 18 | | money order within 30 calendar days of the
notification. If, | 19 | | after the expiration of 30 days from the date of the
| 20 | | notification, the person has failed to submit the necessary | 21 | | remittance, the
Department shall automatically terminate the | 22 | | license or certificate or deny
the application, without | 23 | | hearing. If, after termination or denial, the
person seeks a | 24 | | license or certificate, he or she shall apply to the
Department | 25 | | for restoration or issuance of the license or certificate and
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| 1 | | pay all fees and fines due to the Department. The Department | 2 | | may establish
a fee for the processing of an application for | 3 | | restoration of a license or
certificate to pay all expenses of | 4 | | processing this application. The Secretary Director
may waive | 5 | | the fines due under this Section in individual cases where the
| 6 | | Secretary Director finds that the fines would be unreasonable | 7 | | or unnecessarily
burdensome.
| 8 | | However, any person whose license has expired while he has | 9 | | been engaged
(1) in federal or state service active duty, or | 10 | | (2) in training or education
under the supervision of the | 11 | | United States preliminary to induction into
the military | 12 | | service, may have his license renewed, reinstated or restored
| 13 | | without paying any lapsed renewal and restoration fees, if | 14 | | within 2 years
after termination of such service, training or | 15 | | education other than by
dishonorable discharge, he furnishes | 16 | | the Department with satisfactory proof
that he has been so | 17 | | engaged and that his service, training or education has
been so | 18 | | terminated.
| 19 | | (Source: P.A. 92-146, eff. 1-1-02 .)
| 20 | | (225 ILCS 75/16.5)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 16.5. Deposit of fees and fines. All Beginning July 1, | 23 | | 1995, all of the fees , penalties, and
fines collected under | 24 | | this Act shall be deposited into the General Professions
| 25 | | Dedicated Fund and shall be appropriated to the Department for |
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| 1 | | the ordinary and contingent expenses of the Department in the | 2 | | administration of this Act .
| 3 | | (Source: P.A. 88-683, eff. 1-24-95 .)
| 4 | | (225 ILCS 75/18) (from Ch. 111, par. 3718)
| 5 | | (Section scheduled to be repealed on January 1, 2014)
| 6 | | Sec. 18. Advertising.
| 7 | | (a) Any person licensed under this Act may advertise the
| 8 | | availability of professional services in the public media or on | 9 | | the
premises where such professional services are rendered as | 10 | | permitted by law,
on the condition that such advertising is | 11 | | truthful and not misleading and
is in conformity with rules | 12 | | promulgated by the Department. Advertisements shall not | 13 | | include false, fraudulent, deceptive, or misleading material | 14 | | or guarantees of success.
| 15 | | (b) A licensee shall include in every advertisement for | 16 | | services regulated
under
this Act his or her title as it | 17 | | appears on the license or the initials
authorized under this | 18 | | Act.
| 19 | | (Source: P.A. 91-310, eff. 1-1-00 .)
| 20 | | (225 ILCS 75/19) (from Ch. 111, par. 3719)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 19. Grounds for discipline. | 23 | | (a) The Department may refuse to issue or renew, or may | 24 | | revoke,
suspend, place on probation, reprimand or take other |
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| 1 | | disciplinary or non-disciplinary
action as the Department may | 2 | | deem proper, including imposing fines not to exceed
$10,000 | 3 | | $2,500 for each violation and the assessment of costs as | 4 | | provided under Section 19.3 of this Act , with regard to any | 5 | | license for
any one or combination of the following:
| 6 | | (1) Material misstatement in furnishing information to | 7 | | the Department;
| 8 | | (2) Violations of Wilfully violating this Act, or of | 9 | | the rules promulgated thereunder;
| 10 | | (3) Conviction by plea of guilty or nolo contendere, | 11 | | finding of guilt, jury verdict, or entry of judgment or | 12 | | sentencing of any crime, including, but not limited to, | 13 | | convictions, preceding sentences of supervision, | 14 | | conditional discharge, or first offender probation, under | 15 | | the laws of any jurisdiction of the United States that is | 16 | | (i) a felony or (ii) a misdemeanor, an essential element of | 17 | | which is dishonesty, or that is directly related to the | 18 | | practice of the profession; of any crime under the laws of | 19 | | the United States or any
state or territory thereof which | 20 | | is a felony or which is a misdemeanor,
an essential element | 21 | | of which is dishonesty, or of any crime which is directly
| 22 | | related to the practice of occupational therapy;
| 23 | | (4) Fraud or Making any misrepresentation in applying | 24 | | for or procuring a license under this Act, or in connection | 25 | | with applying for renewal of a license under this Act; for | 26 | | the purpose of obtaining
certification, or violating any |
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| 1 | | provision of this Act or the rules promulgated
thereunder | 2 | | pertaining to advertising;
| 3 | | (5) Professional incompetence; Having demonstrated | 4 | | unworthiness, or incompetency to act as an
occupational | 5 | | therapist or occupational therapy assistant in such manner | 6 | | as to
safeguard the interest of the public;
| 7 | | (6) Aiding Wilfully aiding or assisting another | 8 | | person, firm, partnership or
corporation in violating any | 9 | | provision of this Act or rules;
| 10 | | (7) Failing, within 60 days, to provide information in | 11 | | response to a
written request made by the Department;
| 12 | | (8) Engaging in dishonorable, unethical or | 13 | | unprofessional conduct of a
character likely to deceive, | 14 | | defraud or harm the public;
| 15 | | (9) Habitual or excessive use or abuse of drugs defined | 16 | | in law as controlled substances, alcohol, or any other | 17 | | substance that results in the inability to practice with | 18 | | reasonable judgment, skill, or safety; intoxication or | 19 | | addiction to the use of drugs;
| 20 | | (10) Discipline by another state, unit of government, | 21 | | government agency, the District of Columbia, a territory,
| 22 | | or foreign nation, if at least one of the grounds for the | 23 | | discipline is
the same or substantially equivalent to those | 24 | | set forth herein;
| 25 | | (11) Directly or indirectly giving to or receiving from | 26 | | any person, firm,
corporation, partnership, or association |
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| 1 | | any fee, commission, rebate or other
form of compensation | 2 | | for professional services not actually or personally
| 3 | | rendered. Nothing in this paragraph (11) affects any bona | 4 | | fide independent contractor or employment arrangements | 5 | | among health care professionals, health facilities, health | 6 | | care providers, or other entities, except as otherwise | 7 | | prohibited by law. Any employment arrangements may include | 8 | | provisions for compensation, health insurance, pension, or | 9 | | other employment benefits for the provision of services | 10 | | within the scope of the licensee's practice under this Act. | 11 | | Nothing in this paragraph (11) shall be construed to | 12 | | require an employment arrangement to receive professional | 13 | | fees for services rendered;
| 14 | | (12) A finding by the Department that the license | 15 | | holder, after having his
license disciplined, has violated | 16 | | the terms of the discipline;
| 17 | | (13) Wilfully making or filing false records or reports | 18 | | in the practice
of occupational therapy, including but not | 19 | | limited to false records filed
with the State agencies or | 20 | | departments;
| 21 | | (14) Physical illness, including but not limited to, | 22 | | deterioration through
the aging process, or loss of motor | 23 | | skill which results in the inability
to practice under this | 24 | | Act the profession with reasonable judgment, skill , or | 25 | | safety;
| 26 | | (15) Solicitation of professional services other than |
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| 1 | | by permitted
advertising;
| 2 | | (16) Allowing one's license under this Act to be used | 3 | | by an unlicensed person in violation of this Act; Wilfully | 4 | | exceeding the scope of practice customarily undertaken by
| 5 | | persons licensed under this Act, which conduct results in, | 6 | | or may result
in, harm to the public;
| 7 | | (17) Practicing under a false or, except as provided by | 8 | | law, assumed name; Holding one's self out to practice | 9 | | occupational therapy under any
name other than his own or | 10 | | impersonation of any other occupational therapy
licensee;
| 11 | | (18) Professional incompetence or gross Gross | 12 | | negligence;
| 13 | | (19) Malpractice;
| 14 | | (20) Promotion of the sale of drugs, devices, | 15 | | appliances, or goods provided for a patient in any manner | 16 | | to exploit the client for financial gain of the licensee; | 17 | | Obtaining a fee in money or gift in kind of any other items | 18 | | of value
or in the form of financial profit or benefit as | 19 | | personal compensation,
or as compensation, or charge, | 20 | | profit or gain for an employer or for any
other person or | 21 | | persons, on the fraudulent misrepresentation that a | 22 | | manifestly
incurable condition of sickness, disease or | 23 | | injury to any person can be cured;
| 24 | | (21) Gross, willful, or continued overcharging for | 25 | | professional services; Accepting commissions or rebates or | 26 | | other forms of remuneration for
referring persons to other |
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| 1 | | professionals;
| 2 | | (22) Mental illness or disability that results in the | 3 | | inability to practice under this Act with reasonable | 4 | | judgment, skill, or safety; Failure to file a return, or to | 5 | | pay the tax, penalty or interest
shown in a filed return, | 6 | | or to pay any final assessment of tax, penalty or
interest, | 7 | | as required by any tax Act administered by the Illinois
| 8 | | Department of Revenue, until such time as the requirements | 9 | | of any such tax
Act are satisfied;
| 10 | | (23) Violating the Health Care Worker Self-Referral | 11 | | Act; and
| 12 | | (24) Having treated patients other than by the practice | 13 | | of occupational
therapy as defined in this Act, or having | 14 | | treated patients as a licensed
occupational therapist | 15 | | independent of a referral from a physician, advanced | 16 | | practice nurse or physician assistant in accordance with | 17 | | Section 3.1, dentist,
podiatrist, or optometrist, or | 18 | | having failed to notify the physician,
advanced practice | 19 | | nurse, physician assistant,
dentist, podiatrist, or | 20 | | optometrist who established a diagnosis that the
patient is
| 21 | | receiving occupational therapy pursuant to that | 22 | | diagnosis . ;
| 23 | | (25) Cheating on or attempting to subvert the licensing | 24 | | examination administered under this Act; and | 25 | | (26) Charging for professional services not rendered, | 26 | | including filing false statements for the collection of |
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| 1 | | fees for which services are not rendered. | 2 | | All fines imposed under this Section shall be paid within | 3 | | 60 days after the effective date of the order imposing the fine | 4 | | or in accordance with the terms set forth in the order imposing | 5 | | the fine. | 6 | | (b) The determination by a circuit court that a license | 7 | | holder is subject
to involuntary admission or judicial | 8 | | admission as provided in the Mental
Health and Developmental | 9 | | Disabilities Code, as now or hereafter amended,
operates as an | 10 | | automatic suspension. Such suspension will end only upon
a | 11 | | finding by a court that the patient is no longer subject to | 12 | | involuntary
admission or judicial admission , and an order by | 13 | | the court so finding and
discharging the patient . In any case | 14 | | where a license is suspended under this provision, the licensee | 15 | | shall file a petition for restoration and shall include | 16 | | evidence acceptable to the Department that the licensee can | 17 | | resume practice in compliance with acceptable and prevailing | 18 | | standards of their profession. , and the recommendation of the | 19 | | Board to the
Director that the license holder be allowed to | 20 | | resume his practice.
| 21 | | (c) The Department may refuse to issue or may suspend | 22 | | without hearing, as provided for in the Code of Civil | 23 | | Procedure, take disciplinary action
concerning
the license of | 24 | | any person who fails to file a return, to pay the tax, penalty,
| 25 | | or interest
shown in a filed return, or to pay any final | 26 | | assessment of tax, penalty, or
interest as
required by any tax |
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| 1 | | Act administered by the Illinois Department of Revenue, until | 2 | | such
time as
the requirements of any such tax Act are satisfied | 3 | | in accordance with subsection (a) of Section 2105-15 of the | 4 | | Department of Professional Regulation Law of the Civil | 5 | | Administrative Code of Illinois. as determined by the
| 6 | | Department of
Revenue.
| 7 | | (d) In enforcing this Section, the Department, upon a | 8 | | showing of a possible violation, may compel any individual who | 9 | | is licensed under this Act or any individual who has applied | 10 | | for licensure to submit to a mental or physical examination or | 11 | | evaluation, or both, which may include a substance abuse or | 12 | | sexual offender evaluation, at the expense of the Department. | 13 | | The Department shall specifically designate the examining | 14 | | physician licensed to practice medicine in all of its branches | 15 | | or, if applicable, the multidisciplinary team involved in | 16 | | providing the mental or physical examination and evaluation. | 17 | | The multidisciplinary team shall be led by a physician licensed | 18 | | to practice medicine in all of its branches and may consist of | 19 | | one or more or a combination of physicians licensed to practice | 20 | | medicine in all of its branches, licensed chiropractic | 21 | | physicians, licensed clinical psychologists, licensed clinical | 22 | | social workers, licensed clinical professional counselors, and | 23 | | other professional and administrative staff. Any examining | 24 | | physician or member of the multidisciplinary team may require | 25 | | any person ordered to submit to an examination and evaluation | 26 | | pursuant to this Section to submit to any additional |
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| 1 | | supplemental testing deemed necessary to complete any | 2 | | examination or evaluation process, including, but not limited | 3 | | to, blood testing, urinalysis, psychological testing, or | 4 | | neuropsychological testing. | 5 | | The Department may order the examining physician or any | 6 | | member of the multidisciplinary team to provide to the | 7 | | Department any and all records, including business records, | 8 | | that relate to the examination and evaluation, including any | 9 | | supplemental testing performed. The Department may order the | 10 | | examining physician or any member of the multidisciplinary team | 11 | | to present testimony concerning this examination and | 12 | | evaluation of the licensee or applicant, including testimony | 13 | | concerning any supplemental testing or documents relating to | 14 | | the examination and evaluation. No information, report, | 15 | | record, or other documents in any way related to the | 16 | | examination and evaluation shall be excluded by reason of any | 17 | | common law or statutory privilege relating to communication | 18 | | between the licensee or applicant and the examining physician | 19 | | or any member of the multidisciplinary team. No authorization | 20 | | is necessary from the licensee or applicant ordered to undergo | 21 | | an evaluation and examination for the examining physician or | 22 | | any member of the multidisciplinary team to provide | 23 | | information, reports, records, or other documents or to provide | 24 | | any testimony regarding the examination and evaluation. The | 25 | | individual to be examined may have, at his or her own expense, | 26 | | another physician of his or her choice present during all |
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| 1 | | aspects of the examination. | 2 | | Failure of any individual to submit to mental or physical | 3 | | examination or evaluation, or both, when directed, shall result | 4 | | in an automatic suspension without hearing, until such time as | 5 | | the individual submits to the examination. If the Department | 6 | | finds a licensee unable to practice because of the reasons set | 7 | | forth in this Section, the Department shall require the | 8 | | licensee to submit to care, counseling, or treatment by | 9 | | physicians approved or designated by the Department as a | 10 | | condition for continued, reinstated, or renewed licensure. | 11 | | When the Secretary immediately suspends a license under | 12 | | this Section, a hearing upon such person's license must be | 13 | | convened by the Department within 15 days after the suspension | 14 | | and completed without appreciable delay. The Department shall | 15 | | have the authority to review the licensee's record of treatment | 16 | | and counseling regarding the impairment to the extent permitted | 17 | | by applicable federal statutes and regulations safeguarding | 18 | | the confidentiality of medical records. | 19 | | Individuals licensed under this Act that are affected under | 20 | | this Section, shall be afforded an opportunity to demonstrate | 21 | | to the Department that they can resume practice in compliance | 22 | | with acceptable and prevailing standards under the provisions | 23 | | of their license. In enforcing this Section, the Board, upon a | 24 | | showing of a possible
violation,
may compel a licensee or | 25 | | applicant to submit to a mental or physical
examination, or
| 26 | | both, as required by and at the expense of the Department. The |
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| 1 | | examining physicians or
clinical psychologists shall be those | 2 | | specifically designated by the Board. The Board or
the | 3 | | Department may order (i) the examining physician to present | 4 | | testimony concerning
the mental or physical examination of a | 5 | | licensee or applicant or (ii) the examining
clinical | 6 | | psychologist to present testimony concerning the mental | 7 | | examination of a
licensee or applicant. No information shall be | 8 | | excluded by reason of any common law
or statutory privilege | 9 | | relating to communications between a licensee or applicant and | 10 | | the
examining physician or clinical psychologist. An | 11 | | individual to be examined may have,
at his or her own expense, | 12 | | another physician or clinical psychologist of his or her choice
| 13 | | present during all aspects of the examination. Failure of an | 14 | | individual to
submit to a
mental or physical examination, when | 15 | | directed, is grounds for suspension of his
or her
license. The | 16 | | license must remain suspended until the person submits to the
| 17 | | examination
or the Board finds, after notice and hearing, that | 18 | | the refusal to submit to the
examination
was with reasonable | 19 | | cause.
| 20 | | If the Board finds an individual unable to practice because | 21 | | of the reasons
set
forth in this Section, the Board must | 22 | | require the individual to submit to care,
counseling,
or | 23 | | treatment by a physician or clinical psychologist approved by | 24 | | the Board, as
a
condition, term, or restriction for continued, | 25 | | reinstated, or renewed licensure
to practice.
In lieu of care, | 26 | | counseling, or treatment, the Board may recommend that the
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| 1 | | Department
file a complaint to immediately suspend or revoke | 2 | | the license of the individual
or
otherwise discipline the | 3 | | licensee.
| 4 | | Any individual whose license was granted, continued, | 5 | | reinstated, or renewed
subject to conditions, terms, or | 6 | | restrictions, as provided for in this Section,
or any
| 7 | | individual who was disciplined or placed on supervision | 8 | | pursuant to this
Section must
be referred to the Director for a | 9 | | determination as to whether the person shall
have his or
her | 10 | | license suspended immediately, pending a hearing by the Board.
| 11 | | (e) The Department shall deny a license or renewal | 12 | | authorized by this Act to a person who has defaulted on an | 13 | | educational loan or scholarship provided or guaranteed by the | 14 | | Illinois Student Assistance Commission or any governmental | 15 | | agency of this State in accordance with paragraph (5) of | 16 | | subsection (a) of Section 2105-15 of the Department of | 17 | | Professional Regulation Law of the Civil Administrative Code of | 18 | | Illinois. | 19 | | (f) In cases where the Department of Healthcare and Family | 20 | | Services has previously determined a licensee or a potential | 21 | | licensee is more than 30 days delinquent in the payment of | 22 | | child support and has subsequently certified the delinquency to | 23 | | the Department, the Department may refuse to issue or renew or | 24 | | may revoke or suspend that person's license or may take other | 25 | | disciplinary action against that person based solely upon the | 26 | | certification of delinquency made by the Department of |
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| 1 | | Healthcare and Family Services in accordance with paragraph (5) | 2 | | of subsection (a) of Section 2105-15 of the Department of | 3 | | Professional Regulation Law of the Civil Administrative Code of | 4 | | Illinois. | 5 | | (Source: P.A. 96-1482, eff. 11-29-10.)
| 6 | | (225 ILCS 75/19.1) (from Ch. 111, par. 3720)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 19.1. Injunctive relief; order to cease and desist. | 9 | | (a) If any person violates the provisions of this Act, the
| 10 | | Secretary Director may, in the name of the People of the State | 11 | | of Illinois, through
the Attorney General of the State of | 12 | | Illinois or the State's Attorney of the county in which the | 13 | | violation is alleged to have occurred , petition for an order | 14 | | enjoining
such violation or for an order enforcing compliance | 15 | | with this Act. Upon
the filing of a verified petition in such | 16 | | court, the court may issue a
temporary restraining order, | 17 | | without notice or bond, and may preliminarily
and permanently | 18 | | enjoin such violation. If it is established that such
person | 19 | | has violated or is violating the injunction, the court may | 20 | | punish
the offender for contempt of court. Proceedings under | 21 | | this Section shall
be in addition to, and not in lieu of, all | 22 | | other remedies and penalties
provided by this Act.
| 23 | | (b) If any person practices shall practice as an | 24 | | occupational therapist or an
occupational therapy assistant or | 25 | | holds himself or herself hold himself out as such without being
|
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| 1 | | licensed under the provisions of this Act then any person | 2 | | licensed under
this Act, any interested party or any person | 3 | | injured thereby may, in
addition to the Secretary Director , | 4 | | petition for relief as provided in subsection (a).
| 5 | | (c) Whenever in the opinion of the Department any person | 6 | | violates any
provision of this Act, the Department may issue a | 7 | | rule to show cause why
an order to cease and desist should not | 8 | | be entered against him or her . The rule
shall clearly set forth | 9 | | the grounds relied upon by the Department and
shall provide a | 10 | | period of 7 days from the date of the rule to file an
answer to | 11 | | the satisfaction of the Department. Failure to answer to the
| 12 | | satisfaction of the Department shall cause an order to cease | 13 | | and desist to
be issued forthwith.
| 14 | | (Source: P.A. 83-696 .)
| 15 | | (225 ILCS 75/19.2) (from Ch. 111, par. 3721)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 19.2. Investigations; notice and hearing . The | 18 | | Department may investigate
the actions of any applicant or of | 19 | | any person or person holding or claiming to
hold a license. The | 20 | | Department shall, before refusing to issue, renew, or | 21 | | discipline taking action under Section 19
against a licensee or | 22 | | applicant, at least 30 days prior to the date set for the
| 23 | | hearing, notify the applicant or licensee in writing the | 24 | | applicant for, or holder of, a license of the
nature of the | 25 | | charges and the time and place for , that a hearing on the |
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| 1 | | charges. will be held on the date designated, and
The | 2 | | Department shall direct the applicant or licensee applicant or | 3 | | licensee to file a written answer to the charges with the Board | 4 | | under
oath within 20 days after the service of the notice and | 5 | | inform the applicant or
licensee that failure to file an answer | 6 | | will result in default being taken
against the applicant or | 7 | | licensee. At the time and place fixed in the notice, the | 8 | | Department shall proceed to hear the charges and the parties or | 9 | | their counsel shall be accorded ample opportunity to present | 10 | | any pertinent statements, testimony, evidence, and arguments. | 11 | | The Department may continue the hearing from time to time. In | 12 | | case the person, after receiving the notice, fails to file an | 13 | | answer, his or her license may, in the discretion of the | 14 | | Department, be revoked, suspended, placed on probationary | 15 | | status, or the Department may take whatever disciplinary action | 16 | | considered proper, including limiting the scope, nature, or | 17 | | extent of the person's practice or the imposition of a fine, | 18 | | without a hearing, if the act or acts charged constitute | 19 | | sufficient grounds for that action under the Act. The written | 20 | | notice and any notice in the subsequent proceeding may be | 21 | | served by registered or certified mail to the licensee's | 22 | | address of record. applicant or licensee and that the license | 23 | | or certificate may be
suspended, revoked, placed on | 24 | | probationary status, or other disciplinary
action may be taken, | 25 | | including limiting the scope, nature or extent of
practice, as | 26 | | the Director may deem proper. Written notice may be served by
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| 1 | | personal delivery or certified or registered mail to the | 2 | | respondent at the
address of his last notification to the | 3 | | Department. In case the person fails to
file an answer after | 4 | | receiving notice, his or her license or certificate may,
in the | 5 | | discretion of the Department, be suspended, revoked, or placed | 6 | | on
probationary status, or the Department may take whatever | 7 | | disciplinary action
deemed proper, including limiting the | 8 | | scope, nature, or extent of the person's
practice or the | 9 | | imposition of a fine, without a hearing, if the act or acts
| 10 | | charged constitute sufficient grounds for such action under | 11 | | this Act. At the
time and place fixed in the notice, the Board | 12 | | shall proceed to hear the charges
and the parties or their | 13 | | counsel shall be accorded ample opportunity to
represent such | 14 | | statements, testimony, evidence and argument as may be | 15 | | pertinent
to the charges or to their defense. The Board may | 16 | | continue the hearing from
time to time.
| 17 | | (Source: P.A. 87-1031; 88-424 .)
| 18 | | (225 ILCS 75/19.2a new) | 19 | | Sec. 19.2a. Confidentiality. All information collected by | 20 | | the Department in the course of an examination or investigation | 21 | | of a licensee or applicant, including, but not limited to, any | 22 | | complaint against a licensee filed with the Department and | 23 | | information collected to investigate any such complaint, shall | 24 | | be maintained for the confidential use of the Department and | 25 | | shall not be disclosed. The Department may not disclose the |
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| 1 | | information to anyone other than law enforcement officials, | 2 | | other regulatory agencies that have an appropriate regulatory | 3 | | interest as determined by the Secretary, or to a party | 4 | | presenting a lawful subpoena to the Department. Information and | 5 | | documents disclosed to a federal, State, county, or local law | 6 | | enforcement agency shall not be disclosed by the agency for any | 7 | | purpose to any other agency or person. A formal complaint filed | 8 | | against a licensee by the Department or any order issued by the | 9 | | Department against a licensee or applicant shall be a public | 10 | | record, except as otherwise prohibited by law.
| 11 | | (225 ILCS 75/19.3) (from Ch. 111, par. 3722)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 19.3. Record of proceedings. The department, at its | 14 | | expense, shall preserve a record
of all proceedings at the | 15 | | formal hearing of any case involving the refusal
to issue or | 16 | | renew, or the taking of disciplinary action against, a license .
| 17 | | The notice of hearing, complaint and all other documents in the | 18 | | nature of
pleadings and written motions filed in the | 19 | | proceedings, the transcript of
testimony, the report of the | 20 | | Board and orders of the Department, shall be
the record of such | 21 | | proceedings. Any licensee who is found to have violated this | 22 | | Act or who fails to appear for a hearing to refuse to issue, | 23 | | restore, or renew a license or to discipline a licensee may be | 24 | | required by the Department to pay for the costs of the | 25 | | proceeding. These costs are limited to costs for court |
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| 1 | | reporters, transcripts, and witness attendance and mileage | 2 | | fees. All costs imposed under this Section shall be paid within | 3 | | 60 days after the effective date of the order imposing the | 4 | | fine.
| 5 | | (Source: P.A. 83-696 .)
| 6 | | (225 ILCS 75/19.4) (from Ch. 111, par. 3723)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 19.4. Subpoenas; oaths. The Department may shall have | 9 | | the power to subpoena and bring
before it any person in this | 10 | | State and to take the oral or written testimony or compel the | 11 | | production of any books, papers, records, or any other | 12 | | documents that the Secretary or his or her designee deems | 13 | | relevant or material to an investigation or hearing conducted | 14 | | by the Department either orally or
by deposition, or both, with | 15 | | the same fees and mileage and in the same
manner as prescribed | 16 | | by law in judicial procedure in civil cases in
courts of this | 17 | | State.
| 18 | | The Secretary Director , the designated hearing officer, | 19 | | any and every member of the Board , or a certified shorthand | 20 | | court reporter may
shall have power to administer oaths to | 21 | | witness at any hearing which the
Department conducts. is | 22 | | authorized by law to conduct, and any other oaths required or
| 23 | | authorized in any Act administered by the Department. | 24 | | Notwithstanding any other statute or Department rule to the | 25 | | contrary, all requests for testimony or production of documents |
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| 1 | | or records shall be in accordance with this Act.
| 2 | | (Source: P.A. 83-696 .)
| 3 | | (225 ILCS 75/19.5) (from Ch. 111, par. 3724)
| 4 | | (Section scheduled to be repealed on January 1, 2014)
| 5 | | Sec. 19.5. Attendance of witnesses; contempt. Any circuit | 6 | | court may , upon application of the Department
or its designee, | 7 | | or the applicant or licensee , may against whom proceedings | 8 | | under
Section 19 are pending, enter an order requiring the | 9 | | attendance and testimony of witnesses
and their testimony , and | 10 | | the production of relevant documents, papers, files, books ,
and | 11 | | records in connection with any hearing or investigation. The | 12 | | court
may compel obedience to its order by proceedings for | 13 | | contempt.
| 14 | | (Source: P.A. 83-696 .)
| 15 | | (225 ILCS 75/19.6) (from Ch. 111, par. 3725)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 19.6. Findings of Board. At the conclusion of the | 18 | | hearing the Board shall present
to the Secretary Director a | 19 | | written report of its findings of fact, conclusions of
law , and | 20 | | recommendations. The report shall contain a finding whether or
| 21 | | not the accused person violated this Act or failed to comply | 22 | | with the
conditions required in this Act. The Board shall | 23 | | specify the nature of the
violation or failure to comply, and | 24 | | shall make its recommendations to the Secretary
Director . The |
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| 1 | | report of findings of fact, conclusions of law and
| 2 | | recommendations of the Board may be the basis for the | 3 | | Department's order for refusing to issue, restore, or renew a | 4 | | license or otherwise disciplining a licensee. action
regarding | 5 | | a certificate. If the Secretary Director disagrees in any | 6 | | regard with the
report of the Board he may issue an order in | 7 | | contravention thereof. The
Director shall provide to the Board | 8 | | a written explanation for any deviation
and shall specify with | 9 | | particularity the reasons for such action in the
final order. | 10 | | The finding is not admissible in evidence against the person
in | 11 | | a criminal prosecution brought for the violation of this Act , | 12 | | but the hearing and findings are not a bar to a criminal | 13 | | prosecution brought for the violation of this Act .
| 14 | | (Source: P.A. 88-424 .)
| 15 | | (225 ILCS 75/19.7) (from Ch. 111, par. 3726)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 19.7. Report of Board; motion for rehearing. In any | 18 | | case involving the refusal to issue or renew, or
the taking of | 19 | | disciplinary action against, a license, a copy of the Board's
| 20 | | report shall be served upon the respondent by the Department as | 21 | | provided
in this Act for the service of the notice of hearing. | 22 | | Within 20 days after
such service, the respondent may present | 23 | | to the Department a motion in writing
for a rehearing, which | 24 | | motion shall specify the particular grounds therefor.
If no | 25 | | motion for rehearing is filed, then upon the expiration of the |
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| 1 | | time
specified for filing such a motion, or if a motion for | 2 | | rehearing is denied,
then upon such denial the Secretary | 3 | | Director may enter an order in accordance with
recommendations | 4 | | of the Board except as provided in Section 19.6. If the
| 5 | | respondent shall order from the reporting service, and pays pay | 6 | | for a transcript
of the record within the time for filing a | 7 | | motion for rehearing, the 20
day period within which such a | 8 | | motion may be filed shall commence upon the
delivery of the | 9 | | transcript to the respondent.
| 10 | | (Source: P.A. 83-696 .)
| 11 | | (225 ILCS 75/19.8) (from Ch. 111, par. 3727)
| 12 | | (Section scheduled to be repealed on January 1, 2014)
| 13 | | Sec. 19.8. Rehearing. Whenever the Secretary Director is | 14 | | satisfied that substantial justice
has not been done in the | 15 | | revocation or suspension of, or the refusal to
issue or renew, | 16 | | a license, the Secretary Director may order a rehearing by the | 17 | | Board
or a designated hearing officer.
| 18 | | (Source: P.A. 83-696 .)
| 19 | | (225 ILCS 75/19.9) (from Ch. 111, par. 3728)
| 20 | | (Section scheduled to be repealed on January 1, 2014)
| 21 | | Sec. 19.9. Appointment of hearing officer. The Secretary | 22 | | Notwithstanding the provisions of Section 19.2, the Director
| 23 | | shall have the authority to appoint any attorney duly licensed | 24 | | to practice
law in the State of Illinois to serve as the |
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| 1 | | hearing officer in any action
involving a refusal to issue or | 2 | | renew, or the taking of disciplinary action
against a license. | 3 | | The Director shall notify the Board of such appointment.
The | 4 | | hearing officer shall have full authority to conduct the | 5 | | hearing. The
hearing officer shall report his or her findings | 6 | | of fact, conclusions of law and
recommendations to the Board | 7 | | and the Secretary Director . The Board shall have 60
days from | 8 | | receipt of the report to review the report of the hearing | 9 | | officer
and present their findings of fact, conclusion of law | 10 | | and recommendations
to the Secretary Director . If the Board | 11 | | fails to present its report within the 60
day period, the | 12 | | Secretary Director may issue an order based on the report of | 13 | | the
hearing officer. If the Secretary Director disagrees in any | 14 | | regard with the report
of the Board or hearing officer, then | 15 | | the Secretary he may issue an order in contravention
thereof. | 16 | | The Director shall provide to the Board a written explanation | 17 | | for
any deviation, and shall specify with particularity the | 18 | | reasons for such
action in the final order.
| 19 | | (Source: P.A. 88-424 .)
| 20 | | (225 ILCS 75/19.10) (from Ch. 111, par. 3729)
| 21 | | (Section scheduled to be repealed on January 1, 2014)
| 22 | | Sec. 19.10. Order or certified copy; prima facie proof. An | 23 | | order or a
certified copy thereof, over the seal of the | 24 | | Department and purporting to
be signed by the Secretary | 25 | | Director , shall be prima facie proof that:
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| 1 | | (1) the signature is the genuine signature of the | 2 | | Secretary Director ; and
| 3 | | (2) the Secretary Director is duly appointed and | 4 | | qualified . ; and
| 5 | | (3) the Board and the members thereof are qualified to | 6 | | act.
| 7 | | (Source: P.A. 91-357, eff. 7-29-99 .)
| 8 | | (225 ILCS 75/19.11) (from Ch. 111, par. 3730)
| 9 | | (Section scheduled to be repealed on January 1, 2014)
| 10 | | Sec. 19.11. Restoration of license from discipline. At any | 11 | | time after successful completion of a term of indefinite | 12 | | probation, suspension, or revocation of a license, the | 13 | | Department may restore the license to the licensee, unless, | 14 | | after an investigation and a hearing, the Secretary determines | 15 | | that restoration is not in the public interest or that the | 16 | | licensee has not been sufficiently rehabilitated to warrant the | 17 | | public trust. No person or entity whose license, certificate, | 18 | | or authority has been revoked as authorized in this Act may | 19 | | apply for restoration of that license, certification, or | 20 | | authority until such time as provided for in the Civil | 21 | | Administrative Code of Illinois. the suspension or revocation | 22 | | of any
license, the Department may restore it to the accused | 23 | | person, upon the
written recommendation of the Board, unless | 24 | | after an investigation and a
hearing, the Department determines | 25 | | that restoration is not in the public
interest.
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| 1 | | (Source: P.A. 83-696 .)
| 2 | | (225 ILCS 75/19.13) (from Ch. 111, par. 3732)
| 3 | | (Section scheduled to be repealed on January 1, 2014)
| 4 | | Sec. 19.13. Summary suspension pending hearing. The | 5 | | Secretary Director may summarily temporarily suspend a license | 6 | | issued under
this Act without a hearing, simultaneously with | 7 | | the institution of
proceedings for a hearing provided for in | 8 | | Section 19.2 of this Act, if the
Secretary Director finds that | 9 | | the evidence in his possession indicates that an
occupational | 10 | | therapist's or occupational therapy assistant's continuation
| 11 | | in practice would constitute an imminent danger to the public. | 12 | | In the
event that the Secretary Director summarily temporarily | 13 | | suspends a license without a hearing, a
hearing by the Board | 14 | | must be commenced held within 30 days after such suspension
has | 15 | | occurred and shall be concluded as expeditiously as possible .
| 16 | | (Source: P.A. 83-696 .)
| 17 | | (225 ILCS 75/19.15) (from Ch. 111, par. 3734)
| 18 | | (Section scheduled to be repealed on January 1, 2014)
| 19 | | Sec. 19.15. Certification of record. The Department shall | 20 | | not be
required to certify
any record to the court or file any | 21 | | answer in court or otherwise
appear in any court in a judicial | 22 | | review proceeding, unless and until the Department has received | 23 | | from the plaintiff there
is filed in the court, with the | 24 | | complaint, a receipt from the
Department acknowledging payment |
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| 1 | | of the costs of furnishing and
certifying the record , which | 2 | | costs shall be determined by the Department. Exhibits shall be | 3 | | certified without cost . Failure on the part of the
plaintiff to | 4 | | file a receipt in court shall be grounds for
dismissal of the | 5 | | action.
| 6 | | (Source: P.A. 87-1031 .)
| 7 | | (225 ILCS 75/19.16) (from Ch. 111, par. 3735)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 19.16. Criminal penalties. Any person who is found to | 10 | | have violated knowingly violates any provision
of this Act is | 11 | | guilty of a Class A misdemeanor for the first offense . On | 12 | | conviction of a second
or subsequent offense the violator shall | 13 | | be guilty of a Class 4 felony.
| 14 | | (Source: P.A. 83-696 .)
| 15 | | (225 ILCS 75/20) (from Ch. 111, par. 3736)
| 16 | | (Section scheduled to be repealed on January 1, 2014)
| 17 | | Sec. 20. Administrative Procedure Act. The Illinois | 18 | | Administrative
Procedure Act is hereby expressly adopted and | 19 | | incorporated herein as if all of
the provisions of that Act | 20 | | were included in this Act, except that the
provision of | 21 | | subsection (d) of Section 10-65 of the Illinois Administrative
| 22 | | Procedure Act that provides that at hearings the certificate | 23 | | holder has the
right to show compliance with all lawful | 24 | | requirements for retention,
continuation or renewal of |
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| 1 | | certification is specifically excluded. For the
purpose of this | 2 | | Act the notice required under Section 10-25 of the Illinois
| 3 | | Administrative Procedure Act is deemed sufficient when mailed | 4 | | to the last known
address of record of a party.
| 5 | | (Source: P.A. 88-45 .)
| 6 | | (225 ILCS 75/21) (from Ch. 111, par. 3737)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 21. Home rule. The regulation and licensing as a | 9 | | occupational therapist are exclusive powers and functions of | 10 | | the State. A home rule unit may not regulate or license an | 11 | | occupational therapist or the practice of occupational | 12 | | therapy. This Section is a denial and limitation of home rule | 13 | | powers and functions under subsection (h) of Section 6 of | 14 | | Article VII of the Illinois Constitution. It is declared to be | 15 | | the public policy of this State, pursuant
to paragraphs (h) and | 16 | | (i) of Section 6 of Article VII of the Illinois
Constitution of | 17 | | 1970, that any power or function set forth in this Act to
be | 18 | | exercised by the State is an exclusive State power or function. | 19 | | Such
power or function shall not be exercised concurrently, | 20 | | either directly or
indirectly, by any unit of local government, | 21 | | including home rule units,
except as otherwise provided in this | 22 | | Act.
| 23 | | (Source: P.A. 83-696 .)
| 24 | | (225 ILCS 75/10 rep.)
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| 1 | | Section 15. The Illinois Occupational Therapy Practice Act | 2 | | is amended by repealing Section 10.
| 3 | | Section 99. Effective date. This Act takes effect December | 4 | | 31, 2013. |
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