Illinois General Assembly - Full Text of SB2057
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Full Text of SB2057  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Christopher Belt


See Index

    Amends the Illinois Occupational Therapy Practice Act. Makes changes to the definitions. Provides that all applicants and licensees shall (1) provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewable of a license and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that the Department may refuse to issue or renewal, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem proper with regard to any license for any one combination of the following: (1) practicing beyond the scope of the practice of occupational therapy; (2) providing substandard care as an occupation therapist; (3) providing substandard care as an occupational therapy assistant; (4) knowingly delegating responsibilities to an individual who does not have the knowledge, skills, or abilities to perform those responsibilities; and (5) engaging in sexual misconduct. Removes language providing that exhibits shall be certified without cost. Repeals provisions concerning the Department's roster of names and addresses of all license holders and of all persons whose licenses have been suspended, revoked, or placed on inactive or nonrenewed status within the previous year. Makes other and corresponding changes. Amends the Regulatory Sunset Act. Repeals the Illinois Occupational Therapy Practice Act on January 1, 2029 (rather than January 1, 2024). Provisions amending the Regulatory Sunset Act are effective immediately.

LRB103 25412 AMQ 51759 b





SB2057LRB103 25412 AMQ 51759 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.34 and 4.39 as follows:
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 102-291, eff. 8-6-21.)



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1    (5 ILCS 80/4.39)
2    Sec. 4.39. Acts repealed on January 1, 2029 and December
331, 2029.
4    (a) The following Act is repealed on January 1, 2029:
5        The Environmental Health Practitioner Licensing Act.
6        The Illinois Occupation Therapy Practice Act.
7    (b) The following Act is repealed on December 31, 2029:
8        The Structural Pest Control Act.
9(Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18;
10101-81, eff. 7-12-19.)
11    Section 10. The Illinois Occupational Therapy Practice Act
12is amended by changing Sections 2, 3, 5, 6.5, 7, 11, 12, 15,
1316, 19, 19.2, 19.6, 19.7, 19.9, 19.15, 20, and 21 and by adding
14Section 2.5 as follows:
15    (225 ILCS 75/2)  (from Ch. 111, par. 3702)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 2. Definitions. In this Act:
18    (1) "Department" means the Department of Financial and
19Professional Regulation.
20    (2) "Secretary" means the Secretary of the Department of
21Financial and Professional Regulation.
22    (3) "Board" means the Illinois Occupational Therapy
23Licensure Board appointed by the Secretary.



SB2057- 3 -LRB103 25412 AMQ 51759 b

1    (4) "Occupational therapist" means a person initially
2registered and licensed to practice occupational therapy as
3defined in this Act, and whose license is in good standing.
4    (5) "Occupational therapy assistant" means a person
5initially registered and licensed who assists to assist in the
6practice of occupational therapy under this Act. The
7occupational therapy assistant shall work under appropriate
8supervision of and in partnership with a licensed occupational
9therapist the supervision of a licensed occupational
10therapist, and to implement the occupational therapy treatment
11program as established by the licensed occupational therapist.
12    (6) "Occupational therapy" means the therapeutic use of
13everyday life occupations and activities with recipients,
14groups, or populations to support occupational performance and
15participation. "Occupational therapy practice" includes
16clinical reasoning and professional judgment to evaluate,
17analyze, and address occupational challenges, including issues
18with client factors, performance patterns, and performance
19skills and provide occupation-based interventions to address
20the challenges. Through the provision of skilled services and
21engagement in everyday activities, occupational therapy
22promotes physical and mental health and well-being by
23supporting occupational performance in people with, or are at
24risk of experiencing, a range of developmental, physical, and
25mental health disorders purposeful and meaningful occupations
26or goal-directed activities to evaluate and provide



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1interventions for individuals, groups, and populations who
2have a disease or disorder, an impairment, an activity
3limitation, or a participation restriction that interferes
4with their ability to function independently in their daily
5life roles, including activities of daily living (ADLs) and
6instrumental activities of daily living (IADLs). Occupational
7therapy services are provided for the purpose of habilitation,
8rehabilitation, and to promote health and wellness.
9Occupational therapy may be provided via technology or
10telecommunication methods, also known as telehealth, however
11the standard of care shall be the same whether a patient or
12recipient is seen in person, through telehealth, or other
13method of electronically enabled health care. Occupational
14therapy practice may include any of the following components:
15        (A) evaluation of factors affecting activities of
16    daily living, instrumental activities of daily living,
17    health management, rest and sleep, education, work, play,
18    leisure, and social participation;
19        (B) methods or approaches to identify and select
20    interventions; and
21        (C) interventions and procedures including:
22            (i) (a) remediation or restoration of performance
23        abilities that are limited due to impairment in
24        biological, physiological, psychological, or
25        neurological processes;
26            (ii) (b) modification or adaptation of task,



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1        process, or the environment or the teaching of
2        compensatory techniques in order to enhance
3        performance;
4            (iii) (c) disability prevention methods and
5        techniques that facilitate the development or safe
6        application of performance skills; and
7            (iv) (d) health and wellness promotion strategies,
8        including self-management strategies, and practices
9        that enhance performance abilities.
10    The licensed occupational therapist or licensed
11occupational therapy assistant may assume a variety of roles
12in the licensee's his or her career including, but not limited
13to, practitioner, supervisor of professional students and
14volunteers, researcher, scholar, consultant, administrator,
15faculty, clinical instructor, fieldwork educator, and educator
16of consumers, peers, and family members, and care-partners.
17    (7) "Occupational therapy services" means services that
18may be provided to individuals, groups, and populations, when
19provided to treat an occupational therapy need, including the
21        (a) evaluating, developing, improving, sustaining, or
22    restoring skills in self-care, self-management, health
23    management, including medication-management, health
24    routines, rest and sleep, home management, community and
25    work integration, school activities, work performance,
26    activities of daily living, work, or productive



SB2057- 6 -LRB103 25412 AMQ 51759 b

1    activities, including instrumental activities of daily
2    living and play and leisure activities;
3        (b) identification, development, and remediation or
4    compensation for deficits in physical,
5    neuromusculoskeletal, sensory-perceptual, emotional
6    regulation, visual, mental, and cognitive functions; pain
7    tolerance and management; praxis; developmental skills;
8    and behavioral skills or psychosocial components of
9    performance with considerations for cultural context and
10    activity demands that affect performance evaluating,
11    developing, remediating, or restoring sensorimotor,
12    cognitive, or psychosocial components of performance with
13    considerations for cultural context and activity demands
14    that affect performance;
15        (c) assessing, designing, fabricating, applying, or
16    training in the use of assistive technology, adaptive
17    devices, seating and positioning, or temporary, orthoses
18    and training in the use of orthoses and prostheses;
19        (d) modification of contexts in settings, such as
20    home, school, work, and community, and adaptation of
21    processes, including the application of ergonomic
22    principles, to enhance performance and safety in daily
23    life roles adapting environments and processes, including
24    the application of ergonomic principles, to enhance
25    performance and safety in daily life roles;
26        (e) for the occupational therapist or occupational



SB2057- 7 -LRB103 25412 AMQ 51759 b

1    therapy assistant possessing advanced training, skill, and
2    competency as demonstrated through criteria that shall be
3    determined by the Department, applying physical agent
4    modalities, including dry needling, as an adjunct to or in
5    preparation for engagement in occupations;
6        (f) evaluating and providing intervention in
7    collaboration with the recipient client, family,
8    caregiver, or others;
9        (g) educating the recipient client, family, caregiver,
10    groups, populations, or others in carrying out appropriate
11    nonskilled interventions;
12        (h) consulting with groups, programs, organizations,
13    or communities to provide population-based services;
14        (i) assessing, recommending, and training in
15    techniques to enhance functional mobility, including
16    wheelchair fitting and management and other mobility
17    devices;
18        (j) driver rehabilitation and community mobility;
19        (k) management of feeding, eating, and swallowing to
20    enable or enhance performance of these tasks;
21        (l) low vision rehabilitation;
22        (m) lymphedema and wound care management;
23        (n) pain management; and
24        (o) care coordination, case management, and transition
25    services; .
26        (p) exercises, including tasks and methods to increase



SB2057- 8 -LRB103 25412 AMQ 51759 b

1    motion, strength, and endurance for occupational
2    participation;
3        (q) virtual interventions, including simulated,
4    real-time, and near-time technologies, consisting of
5    telehealth and mobile technology;
6        (r) evaluating and treating problems of rest and
7    sleep;
8        (s) group interventions, including the use of dynamics
9    of group and social interaction to facilitate learning and
10    skill acquisition across the life course; and
11        (t) habilitation, rehabilitation, and the promotion of
12    physical and mental health and wellness for clients with
13    all levels of ability-related needs and for clients who
14    have or are at risk for developing an illness, injury,
15    disease, disorder, condition, impairment, disability, and
16    activity limitation or participation restriction.
17    (8) (Blank).
18    (9) "Address of record" means the designated address
19recorded by the Department in the applicant's or licensee's
20application file or license file as maintained by the
21Department's licensure maintenance unit. It is the duty of the
22applicant or licensee to inform the Department of any change
23of address, and those changes must be made either through the
24Department's website or by contacting the Department.
25    (10) "Recipient" means a person, group, or population who
26receives occupational therapy services.



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1    (11) "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the licensee's license file, as maintained
4by the Department's licensure maintenance unit.
5    (12) "Care-partner" or "caregiver" means someone, in a
6paid or unpaid capacity, who, by mutual agreement with the
7individual living with a temporary or chronic condition or
8disability, assists that individual with the individual's
9physical, mental, emotional, or spiritual care in either
10habilitative or rehabilitative capacity.
11(Source: P.A. 102-307, eff. 1-1-22.)
12    (225 ILCS 75/2.5 new)
13    Sec. 2.5. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after
21    such change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
24    (225 ILCS 75/3)  (from Ch. 111, par. 3703)



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1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 3. Licensure requirement; exempt activities. After
3the effective date of this Act, no person shall practice
4occupational therapy or hold oneself himself out as an
5occupational therapist or an occupational therapy assistant,
6or as being able to practice occupational therapy or to render
7services designated as occupational therapy in this State,
8unless the person he is licensed in accordance with the
9provisions of this Act.
10    Nothing in this Act shall be construed as preventing or
11restricting the practice, services, or activities of:
12        (1) Any person licensed in this State by any other law
13    from engaging in the profession or occupation for which he
14    is licensed; or
15        (2) Any person employed as an occupational therapist
16    or occupational therapy assistant by the Government of the
17    United States, if such person provides occupational
18    therapy solely under the direction or control of the
19    organization by which the person he or she is employed; or
20        (3) Any person pursuing a course of study leading to a
21    degree or certificate in occupational therapy at an
22    accredited or approved educational program if such
23    activities and services constitute a part of a supervised
24    course of study, and if such person is designated by a
25    title which clearly indicates the person's his or her
26    status as a student or trainee; or



SB2057- 11 -LRB103 25412 AMQ 51759 b

1        (4) Any person fulfilling the supervised work
2    experience requirements of Sections 8 and 9 of this Act,
3    if such activities and services constitute a part of the
4    experience necessary to meet the requirement of those
5    Sections; or
6        (5) Any person performing occupational therapy
7    services in the State, if such a person is not a resident
8    of this State and is not licensed under this Act, and if
9    such services are performed for no more than 60 days a
10    calendar year in association with an occupational
11    therapist licensed under this Act and if such person meets
12    the qualifications for license under this Act and:
13            (i) such person is licensed under the law of
14        another state which has licensure requirements at
15        least as restrictive as the requirements of this Act,
16        or
17            (ii) such person meets the requirements for
18        certification as an Occupational Therapist Registered
19        (O.T.R.) or a Certified Occupational Therapy Assistant
20        (C.O.T.A.) established by the National Board for
21        Certification of Occupational Therapy or another
22        nationally recognized credentialing body approved by
23        the Board; or
24        (6) The practice of occupational therapy by one who
25    has applied in writing to the Department for a license, in
26    form and substance satisfactory to the Department, and has



SB2057- 12 -LRB103 25412 AMQ 51759 b

1    complied with all the provisions of either Section 8 or 9
2    except the passing of the examination to be eligible to
3    receive such license. In no event shall this exemption
4    extend to any person for longer than 6 months, except as
5    follows:
6            (i) if the date on which a person can take the next
7        available examination authorized by the Department
8        extends beyond 6 months from the date the person
9        completes the occupational therapy program as required
10        under Section 8 or 9, the Department shall extend the
11        exemption until the results of that examination become
12        available to the Department; or
13            (ii) if the Department is unable to complete its
14        evaluation and processing of a person's application
15        for a license within 6 months after the date on which
16        the application is submitted to the Department in
17        proper form, the Department shall extend the exemption
18        until the Department has completed its evaluation and
19        processing of the application.
20        In the event such applicant fails the examination, the
21    applicant shall cease work immediately until such time as
22    the applicant is licensed to practice occupational therapy
23    in this State; or
24        (7) The practice of occupational therapy by one who
25    has applied to the Department, in form and substance
26    satisfactory to the Department, and who is licensed to



SB2057- 13 -LRB103 25412 AMQ 51759 b

1    practice occupational therapy under the laws of another
2    state, territory of the United States or country and who
3    is qualified to receive a license under the provisions of
4    either Section 8 or 9 of this Act. In no event shall this
5    exemption extend to any person for longer than 6 months;
6    or
7        (8) (Blank).
8(Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
9    (225 ILCS 75/5)  (from Ch. 111, par. 3705)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 5. Board. The Secretary shall appoint an Illinois
12Occupational Therapy Licensure Board as follows: 7 persons who
13shall be appointed by and shall serve in an advisory capacity
14to the Secretary. Four members must be licensed occupational
15therapists in good standing, and actively engaged in the
16practice of occupational therapy in this State; 2 members must
17be licensed occupational therapy assistants in good standing
18and actively engaged in the practice of occupational therapy
19in this State; and 1 member must be a public member who is not
20licensed under this Act, or a similar Act of another
21jurisdiction, and is not a provider of health care service.
22    Members shall serve 4-year 4 year terms and until their
23successors are appointed and qualified. No member shall be
24appointed under this or any prior Act to the Board for service
25which would constitute more than 2 full consecutive terms.



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1Appointments to fill vacancies shall be made in the same
2manner as original appointments, for the unexpired portion of
3the vacated term.
4    The Secretary shall have the authority to remove or
5suspend any member of the Board for cause at any time before
6the expiration of the member's his or her term. The Secretary
7shall be the sole arbiter of cause.
8    The Secretary shall consider the recommendations of the
9Board on questions involving standards of professional
10conduct, discipline and qualifications of candidates and
11license holders under this Act.
12    Four members of the Board shall constitute a quorum. A
13quorum is required for all Board decisions.
14    Members of the Board have no liability in any action based
15upon any disciplinary proceeding or other activity performed
16in good faith as a member of the Board.
17    Members of the Board shall be reimbursed for all
18legitimate, necessary, and authorized expenses incurred in
19attending the meetings of the Board.
20(Source: P.A. 98-264, eff. 12-31-13.)
21    (225 ILCS 75/6.5)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 6.5. Social Security Number or individual taxpayer
24identification number on license application. In addition to
25any other information required to be contained in the



SB2057- 15 -LRB103 25412 AMQ 51759 b

1application, every application for an original license under
2this Act shall include the applicant's Social Security Number
3or individual taxpayer identification number, which shall be
4retained in the agency's records pertaining to the license. As
5soon as practical, the Department shall assign a customer's
6identification number to each applicant for a license.
7    Every application for a renewal or restored license shall
8require the applicant's customer identification number.
9(Source: P.A. 97-400, eff. 1-1-12.)
10    (225 ILCS 75/7)  (from Ch. 111, par. 3707)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 7. Examinations. The Department shall authorize
13examinations of applicants for a license under this Act at the
14times and place as it may designate. The examination shall be
15of a character to give a fair test of the qualifications of the
16applicant to practice occupational therapy.
17    Applications for examination as occupational therapists
18and occupational therapy assistants shall be required to pay,
19either to the Department or the designated testing service, a
20fee covering the cost of providing the examination. Failure to
21appear for the examination on the scheduled date, at the time
22and place specified, after the applicant's application for
23examination has been received and acknowledged by the
24Department or the designated testing service, shall result in
25the forfeiture of the examination fee.



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1    If an applicant neglects, fails or refuses to take the
2examination within 90 days after the date the Confirmation of
3Examination and Eligibility to Examine Notice is issued or
4fails to pass an examination for certification under this Act,
5the application shall be denied. If an applicant fails to pass
6an examination for registration under this Act within 3 years
7after filing the his application, the application shall be
8denied. The applicant may thereafter make a new application
9accompanied by the required fee, however, the applicant shall
10meet all requirements in effect at the time of subsequent
11application before obtaining licensure.
12    The Department may employ consultants for the purposes of
13preparing and conducting examinations.
14(Source: P.A. 98-264, eff. 12-31-13.)
15    (225 ILCS 75/11)  (from Ch. 111, par. 3711)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 11. Expiration and renewal; restoration; military
19    (a) The expiration date and renewal period for each
20certificate issued under this Act shall be set by rule.
21    (b) Any occupational therapist or occupational therapy
22assistant who has permitted the his or her license to expire or
23who has had the his or her license on inactive status may have
24the his or her license restored by making application to the
25Department, by filing proof acceptable to the Department of



SB2057- 17 -LRB103 25412 AMQ 51759 b

1the licensee's his fitness to have the his license restored,
2by paying the required fee, and by showing proof of compliance
3with any continuing education requirements. Proof of fitness
4may include sworn evidence certifying to active practice in
5another jurisdiction.
6    If the occupational therapist or occupational therapy
7assistant has not maintained an active practice in another
8jurisdiction satisfactory to the Department, the Department
9shall determine, by an evaluation program established by rule,
10the licensee's his fitness to resume active status and shall
11establish procedures and requirements for restoration.
12    (c) However, any occupational therapist or occupational
13therapy assistant whose license expired while the licensee he
14was (1) in Federal Service on active duty with the Armed Forces
15of the United States, or the State Militia called into service
16or training, or (2) in training or education under the
17supervision of the United States preliminary to induction into
18the military service, may have the licensee's his or her
19license renewed or restored without paying any lapsed renewal
20fees if within 2 years after honorable termination of such
21service, training or education except under conditions other
22than honorable, the licensee he or she furnishes the
23Department with satisfactory evidence to the effect that the
24licensee he or she has been so engaged and that the licensee's
25his or her service, training, or education has been so



SB2057- 18 -LRB103 25412 AMQ 51759 b

1(Source: P.A. 98-264, eff. 12-31-13.)
2    (225 ILCS 75/12)  (from Ch. 111, par. 3712)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 12. Inactive status; restoration. Any occupational
5therapist or occupational therapy assistant who notifies the
6Department in writing on forms prescribed by the Department,
7may elect to place the licensee's his license on an inactive
8status and shall, subject to rules of the Department, be
9excused from payment of renewal fees until the licensee he
10notifies the Department in writing of the licensee's his
11desire to resume active status.
12    Any occupational therapist or occupational therapy
13assistant requesting restoration from inactive or expired
14status shall be required to pay the current renewal fee,
15demonstrate compliance with continuing education requirements,
16if any, and shall be required to restore the his license as
17provided in Section 11.
18    Any occupational therapist or occupational therapy
19assistant whose license is in expired or inactive status shall
20not practice occupational therapy in the State or present
21oneself as an occupational therapist or occupational therapy
22assistant of Illinois.
23(Source: P.A. 98-264, eff. 12-31-13.)
24    (225 ILCS 75/15)  (from Ch. 111, par. 3715)



SB2057- 19 -LRB103 25412 AMQ 51759 b

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 15. Any person who is issued a license as an
3occupational therapist registered under the terms of this Act
4may use the words "occupational therapist" or "licensed
5occupational therapist", or may use the letters "O.T.",
6"OT/L", or "OTR/L", in connection with the licensee's his or
7her name or place of business to denote the licensee's his or
8her licensure under this Act.
9    Any person who is issued a license as an occupational
10therapy assistant under the terms of this Act may use the
11words, "occupational therapy assistant" or "licensed
12occupational therapy assistant", or the licensee he or she may
13use the letters "O.T.A.", "OTA/L", or "COTA/L" in connection
14with the licensee's his or her name or place of business to
15denote the licensee's his or her licensure under this Act.
16(Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
17    (225 ILCS 75/16)  (from Ch. 111, par. 3716)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 16. Fees; returned checks. The fees for the
20administration and enforcement of this Act, including, but not
21limited to, original certification, renewal, and restoration
22of a license issued under this Act, shall be set by rule. The
23fees shall be non-refundable.
24    Any person who delivers a check or other payment to the
25Department that is returned to the Department unpaid by the



SB2057- 20 -LRB103 25412 AMQ 51759 b

1financial institution upon which it is drawn shall pay to the
2Department, in addition to the amount already owed to the
3Department, a fine of $50. The fines imposed by this Section
4are in addition to any other discipline provided under this
5Act for unlicensed practice or practice on a nonrenewed
6license. The Department shall notify the person that payment
7of fees and fines shall be paid to the Department by certified
8check or money order within 30 calendar days of the
9notification. If, after the expiration of 30 days from the
10date of the notification, the person has failed to submit the
11necessary remittance, the Department shall automatically
12terminate the license or certificate or deny the application,
13without hearing. If, after termination or denial, the person
14seeks a license or certificate, the person he or she shall
15apply to the Department for restoration or issuance of the
16license or certificate and pay all fees and fines due to the
17Department. The Department may establish a fee for the
18processing of an application for restoration of a license or
19certificate to pay all expenses of processing this
20application. The Secretary may waive the fines due under this
21Section in individual cases where the Secretary finds that the
22fines would be unreasonable or unnecessarily burdensome.
23(Source: P.A. 98-264, eff. 12-31-13.)
24    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
25    (Section scheduled to be repealed on January 1, 2024)



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1    Sec. 19. Grounds for discipline.
2    (a) The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action as the Department may
5deem proper, including imposing fines not to exceed $10,000
6for each violation and the assessment of costs as provided
7under Section 19.3 of this Act, with regard to any license for
8any one or combination of the following:
9        (1) Material misstatement in furnishing information to
10    the Department;
11        (2) Violations of this Act, or of the rules
12    promulgated thereunder;
13        (3) Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or
15    sentencing of any crime, including, but not limited to,
16    convictions, preceding sentences of supervision,
17    conditional discharge, or first offender probation, under
18    the laws of any jurisdiction of the United States that is
19    (i) a felony or (ii) a misdemeanor, an essential element
20    of which is dishonesty, or that is directly related to the
21    practice of the profession;
22        (4) Fraud, or any misrepresentation, or concealment in
23    applying for or procuring a license under this Act, or in
24    connection with applying for renewal of a license under
25    this Act;
26        (5) Professional incompetence;



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1        (6) Aiding or assisting another person, firm,
2    partnership or corporation in violating any provision of
3    this Act or rules;
4        (7) Failing, within 60 days, to provide information in
5    response to a written request made by the Department;
6        (8) Engaging in dishonorable, unethical or
7    unprofessional conduct of a character likely to deceive,
8    defraud or harm the public;
9        (9) Habitual or excessive use or abuse of drugs
10    defined in law as controlled substances, alcohol, or any
11    other substance that results in the inability to practice
12    with reasonable judgment, skill, or safety;
13        (10) Discipline by another state, unit of government,
14    government agency, the District of Columbia, a territory,
15    or foreign nation, if at least one of the grounds for the
16    discipline is the same or substantially equivalent to
17    those set forth herein;
18        (11) Directly or indirectly giving to or receiving
19    from any person, firm, corporation, partnership, or
20    association any fee, commission, rebate, or other form of
21    compensation for professional services not actually or
22    personally rendered. Nothing in this paragraph (11)
23    affects any bona fide independent contractor or employment
24    arrangements among health care professionals, health
25    facilities, health care providers, or other entities,
26    except as otherwise prohibited by law. Any employment



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1    arrangements may include provisions for compensation,
2    health insurance, pension, or other employment benefits
3    for the provision of services within the scope of the
4    licensee's practice under this Act. Nothing in this
5    paragraph (11) shall be construed to require an employment
6    arrangement to receive professional fees for services
7    rendered;
8        (12) A finding by the Department that the license
9    holder, after having the his license disciplined, has
10    violated the terms of the discipline;
11        (13) Willfully Wilfully making or filing false records
12    or reports in the practice of occupational therapy,
13    including, but not limited to, false records filed with
14    the State agencies or departments;
15        (14) Physical illness, including, but not limited to,
16    deterioration through the aging process, or loss of motor
17    skill which results in the inability to practice under
18    this Act with reasonable judgment, skill, or safety;
19        (15) Solicitation of professional services other than
20    by permitted advertising;
21        (16) Allowing one's license under this Act to be used
22    by an unlicensed person in violation of this Act;
23        (17) Practicing under a false or, except as provided
24    by law, assumed name;
25        (18) Professional incompetence or gross negligence;
26        (19) Malpractice;



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1        (20) Promotion of the sale of drugs, devices,
2    appliances, or goods provided for a patient in any manner
3    to exploit the client for financial gain of the licensee;
4        (21) Gross, willful, or continued overcharging for
5    professional services;
6        (22) Mental illness or disability that results in the
7    inability to practice under this Act with reasonable
8    judgment, skill, or safety;
9        (23) Violating the Health Care Worker Self-Referral
10    Act;
11        (24) Having treated patients other than by the
12    practice of occupational therapy as defined in this Act,
13    or having treated patients as a licensed occupational
14    therapist independent of a referral from a physician,
15    advanced practice registered nurse or physician assistant
16    in accordance with Section 3.1, dentist, podiatric
17    physician, or optometrist, or having failed to notify the
18    physician, advanced practice registered nurse, physician
19    assistant, dentist, podiatric physician, or optometrist
20    who established a diagnosis that the patient is receiving
21    occupational therapy pursuant to that diagnosis;
22        (25) Cheating on or attempting to subvert the
23    licensing examination administered under this Act; and
24        (26) Charging for professional services not rendered,
25    including filing false statements for the collection of
26    fees for which services are not rendered; .



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1        (27) Practicing beyond the scope of the practice of
2    occupational therapy;
3        (28) Providing substandard care as an occupational
4    therapist due to a deliberate or negligent act, negligent
5    supervision of an occupational therapy assistant, or
6    failure to act regardless of whether actual injury to the
7    recipient is established;
8        (29) Providing substandard care as an occupational
9    therapy assistant, including exceeding the authority to
10    perform components of intervention selected and delegated
11    by the supervising occupational therapist regardless of
12    whether actual injury to the recipient is established;
13        (30) Knowingly delegating responsibilities to an
14    individual who does not have the knowledge, skills, or
15    abilities to perform those responsibilities; and
16        (31) Engaging in sexual misconduct. For the purposes
17    of this paragraph, sexual misconduct includes:
18            (A) engaging in or soliciting a sexual
19        relationship, whether consensual or non-consensual,
20        while an occupational therapist or occupational
21        therapy assistant with the recipient of occupational
22        therapy services; and
23            (B) making sexual advances, requesting sexual
24        favors, or engaging in physical contact of a sexual
25        nature with the recipient of occupational therapy
26        services.



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1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5    (b) The determination by a circuit court that a license
6holder is subject to involuntary admission or judicial
7admission as provided in the Mental Health and Developmental
8Disabilities Code, as now or hereafter amended, operates as an
9automatic suspension. Such suspension will end only upon a
10finding by a court that the patient is no longer subject to
11involuntary admission or judicial admission and an order by
12the court so finding and discharging the patient. In any case
13where a license is suspended under this provision, the
14licensee shall file a petition for restoration and shall
15include evidence acceptable to the Department that the
16licensee can resume practice in compliance with acceptable and
17prevailing standards of their profession.
18    (c) The Department may refuse to issue or may suspend
19without hearing, as provided for in the Code of Civil
20Procedure, the license of any person who fails to file a
21return, to pay the tax, penalty, or interest shown in a filed
22return, or to pay any final assessment of tax, penalty, or
23interest as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied in accordance
26with subsection (a) of Section 2105-15 of the Department of



SB2057- 27 -LRB103 25412 AMQ 51759 b

1Professional Regulation Law of the Civil Administrative Code
2of Illinois.
3    (d) In enforcing this Section, the Department, upon a
4showing of a possible violation, may compel any individual who
5is licensed under this Act or any individual who has applied
6for licensure to submit to a mental or physical examination or
7evaluation, or both, which may include a substance abuse or
8sexual offender evaluation, at the expense of the Department.
9The Department shall specifically designate the examining
10physician licensed to practice medicine in all of its branches
11or, if applicable, the multidisciplinary team involved in
12providing the mental or physical examination and evaluation.
13The multidisciplinary team shall be led by a physician
14licensed to practice medicine in all of its branches and may
15consist of one or more or a combination of physicians licensed
16to practice medicine in all of its branches, licensed
17chiropractic physicians, licensed clinical psychologists,
18licensed clinical social workers, licensed clinical
19professional counselors, and other professional and
20administrative staff. Any examining physician or member of the
21multidisciplinary team may require any person ordered to
22submit to an examination and evaluation pursuant to this
23Section to submit to any additional supplemental testing
24deemed necessary to complete any examination or evaluation
25process, including, but not limited to, blood testing,
26urinalysis, psychological testing, or neuropsychological



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2    The Department may order the examining physician or any
3member of the multidisciplinary team to provide to the
4Department any and all records, including business records,
5that relate to the examination and evaluation, including any
6supplemental testing performed. The Department may order the
7examining physician or any member of the multidisciplinary
8team to present testimony concerning this examination and
9evaluation of the licensee or applicant, including testimony
10concerning any supplemental testing or documents relating to
11the examination and evaluation. No information, report,
12record, or other documents in any way related to the
13examination and evaluation shall be excluded by reason of any
14common law or statutory privilege relating to communication
15between the licensee or applicant and the examining physician
16or any member of the multidisciplinary team. No authorization
17is necessary from the licensee or applicant ordered to undergo
18an evaluation and examination for the examining physician or
19any member of the multidisciplinary team to provide
20information, reports, records, or other documents or to
21provide any testimony regarding the examination and
22evaluation. The individual to be examined may have, at his or
23her own expense, another physician of his or her choice
24present during all aspects of the examination.
25    Failure of any individual to submit to mental or physical
26examination or evaluation, or both, when directed, shall



SB2057- 29 -LRB103 25412 AMQ 51759 b

1result in an automatic suspension without hearing, until such
2time as the individual submits to the examination. If the
3Department finds a licensee unable to practice because of the
4reasons set forth in this Section, the Department shall
5require the licensee to submit to care, counseling, or
6treatment by physicians approved or designated by the
7Department as a condition for continued, reinstated, or
8renewed licensure.
9    When the Secretary immediately suspends a license under
10this Section, a hearing upon such person's license must be
11convened by the Department within 15 days after the suspension
12and completed without appreciable delay. The Department shall
13have the authority to review the licensee's record of
14treatment and counseling regarding the impairment to the
15extent permitted by applicable federal statutes and
16regulations safeguarding the confidentiality of medical
18    Individuals licensed under this Act that are affected
19under this Section, shall be afforded an opportunity to
20demonstrate to the Department that they can resume practice in
21compliance with acceptable and prevailing standards under the
22provisions of their license.
23    (e) (Blank).
24    (f) In cases where the Department of Healthcare and Family
25Services has previously determined a licensee or a potential
26licensee is more than 30 days delinquent in the payment of



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1child support and has subsequently certified the delinquency
2to the Department, the Department may refuse to issue or renew
3or may revoke or suspend that person's license or may take
4other disciplinary action against that person based solely
5upon the certification of delinquency made by the Department
6of Healthcare and Family Services in accordance with paragraph
7(5) of subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code
9of Illinois.
10(Source: P.A. 100-513, eff. 1-1-18; 100-872, eff. 8-14-18.)
11    (225 ILCS 75/19.2)  (from Ch. 111, par. 3721)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 19.2. Investigations; notice and hearing. The
14Department may investigate the actions of any applicant or of
15any person or person holding or claiming to hold a license. The
16Department shall, before refusing to issue, renew, or
17discipline a licensee or applicant, at least 30 days prior to
18the date set for the hearing, notify the applicant or licensee
19in writing of the nature of the charges and the time and place
20for a hearing on the charges. The Department shall direct the
21applicant or licensee to file a written answer to the charges
22with the Board under oath within 20 days after the service of
23the notice and inform the applicant or licensee that failure
24to file an answer will result in default being taken against
25the applicant or licensee. At the time and place fixed in the



SB2057- 31 -LRB103 25412 AMQ 51759 b

1notice, the Department shall proceed to hear the charges and
2the parties or their counsel shall be accorded ample
3opportunity to present any pertinent statements, testimony,
4evidence, and arguments. The Department may continue the
5hearing from time to time. In case the person, after receiving
6the notice, fails to file an answer, his or her license may, in
7the discretion of the Department, be revoked, suspended,
8placed on probationary status, or the Department may take
9whatever disciplinary action considered proper, including
10limiting the scope, nature, or extent of the person's practice
11or the imposition of a fine, without a hearing, if the act or
12acts charged constitute sufficient grounds for that action
13under the Act. The written notice and any notice in the
14subsequent proceeding may be served by personal delivery or by
15registered or certified mail to the licensee's address or
16email address of record.
17(Source: P.A. 98-264, eff. 12-31-13.)
18    (225 ILCS 75/19.6)  (from Ch. 111, par. 3725)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 19.6. Findings of Board. At the conclusion of the
21hearing the Board shall present to the Secretary a written
22report of its findings of fact, conclusions of law, and
23recommendations. The report shall contain a finding whether or
24not the accused person violated this Act or failed to comply
25with the conditions required in this Act. The Board shall



SB2057- 32 -LRB103 25412 AMQ 51759 b

1specify the nature of the violation or failure to comply, and
2shall make its recommendations to the Secretary. The report of
3findings of fact, conclusions of law and recommendations of
4the Board may be the basis for the Secretary's Department's
5order for refusing to issue, restore, or renew a license or
6otherwise disciplining a licensee. If the Secretary disagrees
7in any regard with the report of the Board he may issue an
8order in contravention thereof. The finding is not admissible
9in evidence against the person in a criminal prosecution
10brought for the violation of this Act, but the hearing and
11findings are not a bar to a criminal prosecution brought for
12the violation of this Act.
13(Source: P.A. 98-264, eff. 12-31-13.)
14    (225 ILCS 75/19.7)  (from Ch. 111, par. 3726)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 19.7. Report of Board; motion for rehearing. In any
17case involving the refusal to issue or renew, or the taking of
18disciplinary action against, a license, a copy of the Board's
19report shall be served upon the respondent by the Department
20as provided in this Act for the service of the notice of
21hearing. Within 20 days after such service, the respondent may
22present to the Secretary Department a motion in writing for a
23rehearing, which motion shall specify the particular grounds
24therefor. If no motion for rehearing is filed, then upon the
25expiration of the time specified for filing such a motion, or



SB2057- 33 -LRB103 25412 AMQ 51759 b

1if a motion for rehearing is denied, then upon such denial the
2Secretary may enter an order in accordance with
3recommendations of the Board except as provided in Section
419.6. If the respondent shall order from the reporting
5service, and pays for a transcript of the record within the
6time for filing a motion for rehearing, the 20-day 20 day
7period within which such a motion may be filed shall commence
8upon the delivery of the transcript to the respondent.
9(Source: P.A. 98-264, eff. 12-31-13.)
10    (225 ILCS 75/19.9)  (from Ch. 111, par. 3728)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 19.9. Appointment of hearing officer. The Secretary
13shall have the authority to appoint any attorney duly licensed
14to practice law in the State of Illinois to serve as the
15hearing officer in any action involving a refusal to issue or
16renew, or the taking of disciplinary action against a license.
17The hearing officer shall have full authority to conduct the
18hearing. The hearing officer shall report his or her findings
19of fact, conclusions of law and recommendations to the Board
20and the Secretary. The Board shall have 60 days from receipt of
21the report to review the report of the hearing officer and
22present their findings of fact, conclusion of law and
23recommendations to the Secretary. If the Board fails to
24present its report within the 60-day 60 day period, the
25Secretary may issue an order based on the report of the hearing



SB2057- 34 -LRB103 25412 AMQ 51759 b

1officer. If the Secretary disagrees with the report of the
2Board or hearing officer, then the Secretary may issue an
3order in contravention thereof.
4(Source: P.A. 98-264, eff. 12-31-13.)
5    (225 ILCS 75/19.15)  (from Ch. 111, par. 3734)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 19.15. Certification of record. The Department shall
8not be required to certify any record to the court or file any
9answer in court or otherwise appear in any court in a judicial
10review proceeding, unless and until the Department has
11received from the plaintiff payment of the costs of furnishing
12and certifying the record, which costs shall be determined by
13the Department. Exhibits shall be certified without cost.
14Failure on the part of the plaintiff to file a receipt in court
15shall be grounds for dismissal of the action.
16(Source: P.A. 98-264, eff. 12-31-13.)
17    (225 ILCS 75/20)  (from Ch. 111, par. 3736)
18    (Section scheduled to be repealed on January 1, 2024)
19    Sec. 20. Administrative Procedure Act. The Illinois
20Administrative Procedure Act is hereby expressly adopted and
21incorporated herein as if all of the provisions of that Act
22were included in this Act, except that the provision of
23subsection (d) of Section 10-65 of the Illinois Administrative
24Procedure Act that provides that at hearings the certificate



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1holder has the right to show compliance with all lawful
2requirements for retention, continuation or renewal of
3certification is specifically excluded. For the purpose of
4this Act the notice required under Section 10-25 of the
5Illinois Administrative Procedure Act is deemed sufficient
6when mailed or emailed to the last known address of record of a
8(Source: P.A. 98-264, eff. 12-31-13.)
9    (225 ILCS 75/21)  (from Ch. 111, par. 3737)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 21. Home rule. The regulation and licensing as an
12occupational therapist are exclusive powers and functions of
13the State. A home rule unit may not regulate or license an
14occupational therapist, occupational therapy assistant, or the
15practice of occupational therapy. This Section is a denial and
16limitation of home rule powers and functions under subsection
17(h) of Section 6 of Article VII of the Illinois Constitution.
18(Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
19    (225 ILCS 75/17 rep.)
20    Section 15. The Illinois Occupational Therapy Practice Act
21is amended by repealing Section 17.
22    Section 99. Effective date. This Section and Section 5
23take effect upon becoming law.



SB2057- 36 -LRB103 25412 AMQ 51759 b

2 Statutes amended in order of appearance
3    5 ILCS 80/4.34
4    5 ILCS 80/4.39
5    225 ILCS 75/2from Ch. 111, par. 3702
6    225 ILCS 75/2.5 new
7    225 ILCS 75/3from Ch. 111, par. 3703
8    225 ILCS 75/5from Ch. 111, par. 3705
9    225 ILCS 75/6.5
10    225 ILCS 75/7from Ch. 111, par. 3707
11    225 ILCS 75/11from Ch. 111, par. 3711
12    225 ILCS 75/12from Ch. 111, par. 3712
13    225 ILCS 75/15from Ch. 111, par. 3715
14    225 ILCS 75/16from Ch. 111, par. 3716
15    225 ILCS 75/19from Ch. 111, par. 3719
16    225 ILCS 75/19.2from Ch. 111, par. 3721
17    225 ILCS 75/19.6from Ch. 111, par. 3725
18    225 ILCS 75/19.7from Ch. 111, par. 3726
19    225 ILCS 75/19.9from Ch. 111, par. 3728
20    225 ILCS 75/19.15from Ch. 111, par. 3734
21    225 ILCS 75/20from Ch. 111, par. 3736
22    225 ILCS 75/21from Ch. 111, par. 3737
23    225 ILCS 75/17 rep.