Full Text of SB2057 103rd General Assembly
SB2057enr 103RD 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 | 5 | | changing 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 Acts and Section repealed on January 1, 2024. | 8 | | The following Acts and
Section of an Act are repealed
on | 9 | | January 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 Acts repealed on January 1, 2029 and December | 3 | | 31, 2029. | 4 | | (a) The following Act is repealed on January 1, 2029: | 5 | | The Environmental Health Practitioner Licensing Act.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 | 7 | | (b) The following Act is repealed on December 31, 2029: | 8 | | The Structural Pest Control Act.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; | 10 | | 101-81, eff. 7-12-19.) | 11 | | Section 10. The Illinois Occupational Therapy Practice Act | 12 | | is amended by changing Sections 2, 3, 3.1, 5, 6.5, 7, 11, 12, | 13 | | 15, 16, 19, 19.2, 19.6, 19.7, 19.9, 19.15, 20, and 21 and by | 14 | | adding Section 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| 16 | | (Section scheduled to be repealed on January 1, 2024)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 | 19 | | Professional Regulation.
| 20 | | (2) "Secretary" means the Secretary of the Department of | 21 | | Financial and Professional Regulation.
| 22 | | (3) "Board" means the Illinois Occupational Therapy | 23 | | Licensure Board
appointed by the Secretary.
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| 1 | | (4) "Occupational therapist" means a person initially
| 2 | | registered and licensed to practice
occupational therapy as | 3 | | defined in this Act, and whose license is in good
standing.
| 4 | | (5) "Occupational therapy assistant" means a person
| 5 | | initially registered and licensed who assists to assist in the | 6 | | practice of occupational
therapy under this Act. The | 7 | | occupational therapy assistant shall work under appropriate | 8 | | supervision of and in partnership with a licensed occupational | 9 | | therapist the supervision of a licensed occupational
| 10 | | therapist, and to implement the occupational therapy treatment | 11 | | program as
established by the licensed occupational therapist .
| 12 | | (6) "Occupational therapy" means the therapeutic use of | 13 | | everyday life occupations and activities with recipients, | 14 | | groups, or populations to support occupational performance and | 15 | | participation. "Occupational therapy practice" includes | 16 | | clinical reasoning and professional judgment to evaluate, | 17 | | analyze, and address occupational challenges, including issues | 18 | | with client factors, performance patterns, and performance | 19 | | skills and provide occupation-based interventions to address | 20 | | the challenges. Through the provision of skilled services and | 21 | | engagement in everyday activities, occupational therapy | 22 | | promotes physical and mental health and well-being by | 23 | | supporting occupational performance in people with, or are at | 24 | | risk of experiencing, a range of developmental, physical, and | 25 | | mental health disorders purposeful and
meaningful occupations | 26 | | or goal-directed activities to evaluate and provide
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| 1 | | interventions for individuals, groups, and populations who | 2 | | have a disease or disorder,
an impairment, an activity | 3 | | limitation, or a participation restriction that
interferes | 4 | | with their ability to function independently in their daily | 5 | | life
roles, including activities of daily living (ADLs) and | 6 | | instrumental activities of daily living (IADLs). Occupational | 7 | | therapy services are provided for the purpose of habilitation, | 8 | | rehabilitation, and to promote health and wellness . | 9 | | Occupational therapy may be provided via technology or | 10 | | telecommunication methods, also known as telehealth, however | 11 | | the standard of care shall be the same whether a patient or | 12 | | recipient is seen in person, through telehealth, or other | 13 | | method of electronically enabled health care. Occupational | 14 | | therapy 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 | 11 | | occupational therapy assistant may assume a variety of roles | 12 | | in
the licensee's his or her career including,
but not limited | 13 | | to, practitioner, supervisor of professional students and
| 14 | | volunteers, researcher, scholar, consultant, administrator, | 15 | | faculty, clinical
instructor, fieldwork educator, and educator | 16 | | of consumers, peers, and family members, and care-partners .
| 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 the | 20 | | following:
| 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 |
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| 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 |
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| 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 |
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| 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 | 19 | | recorded by the Department in the applicant's or licensee's | 20 | | application file or license file as maintained by the | 21 | | Department's licensure maintenance unit. It is the duty of the | 22 | | applicant or licensee to inform the Department of any change | 23 | | of address, and those changes must be made either through the | 24 | | Department's website or by contacting the Department. | 25 | | (10) "Recipient" means a person, group, or population who | 26 | | receives occupational therapy services. |
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| 1 | | (11) "Email address of record" means the designated email | 2 | | address recorded by the Department in the applicant's | 3 | | application file or the licensee's license file, as maintained | 4 | | by the Department's licensure maintenance unit. | 5 | | (12) "Care-partner" or "caregiver" means someone, in a | 6 | | paid or unpaid capacity, who, by mutual agreement with the | 7 | | individual living with a temporary or chronic condition or | 8 | | disability, assists that individual with the individual's | 9 | | physical, mental, emotional, or spiritual care in either | 10 | | habilitative 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 | 14 | | applicants 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. | 23 | |
| 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 | 3 | | the effective date of this Act, no person shall practice
| 4 | | occupational therapy or hold oneself himself out as an | 5 | | occupational therapist or
an occupational therapy assistant, | 6 | | or as being able to practice occupational
therapy or to render | 7 | | services designated as occupational therapy in this State,
| 8 | | unless
the person he is licensed in accordance with the | 9 | | provisions of this Act.
| 10 | | Nothing in this Act shall be construed as preventing or | 11 | | restricting 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
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| 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 |
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| 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 |
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| 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 75/3.1)
| 10 | | (Section scheduled to be repealed on January 1, 2024)
| 11 | | Sec. 3.1. Referrals. | 12 | | (a) A licensed occupational therapist or licensed
| 13 | | occupational therapy assistant may evaluate, initiate, and | 14 | | provide occupational therapy services and consult with, | 15 | | educate, evaluate, and monitor
services for individuals, | 16 | | groups, and populations concerning occupational therapy needs | 17 | | without a referral . Except as indicated in subsections (b) and | 18 | | (c) of this Section, implementation
of direct occupational | 19 | | therapy treatment to individuals for their specific
health | 20 | | care conditions shall be based upon a referral from a licensed
| 21 | | physician, dentist, podiatric physician, advanced practice | 22 | | registered nurse, physician assistant, or optometrist.
| 23 | | (b) (Blank). A referral is not required for the purpose of | 24 | | providing consultation, habilitation, screening, education, | 25 | | wellness, prevention, environmental assessments, and |
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| 1 | | work-related ergonomic services to individuals, groups, or | 2 | | populations. | 3 | | (c) Referral from a physician or other health care | 4 | | provider is not required for evaluation or intervention for | 5 | | children and youths if an occupational therapist or | 6 | | occupational therapy assistant provides services in a | 7 | | school-based or educational environment, including the child's | 8 | | home. | 9 | | (d) An occupational therapist shall refer to a licensed | 10 | | physician, dentist,
optometrist, advanced practice registered | 11 | | nurse, physician assistant, or podiatric physician any a | 12 | | patient to the patient's treating health care professional of | 13 | | record, or to a health care professional of the patient's | 14 | | choosing if there is no health care professional of record, | 15 | | if: | 16 | | (1) the patient does not demonstrate measurable or | 17 | | functional improvement after 10 visits or 15 business | 18 | | days, whichever occurs first, and continued improvement | 19 | | thereafter; | 20 | | (2) the patient was under the care of an occupational | 21 | | therapist without a diagnosis established by a health care | 22 | | professional of a chronic disease that may benefit from | 23 | | occupational therapy and returns for services for the same | 24 | | or similar condition 30 calendar days after being | 25 | | discharged by the occupational therapist; or | 26 | | (3) the patient's whose medical condition should , at |
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| 1 | | the
time of evaluation or services treatment , is be | 2 | | determined to be beyond the scope of
practice of the | 3 | | occupational therapist.
| 4 | | (Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18 .)
| 5 | | (225 ILCS 75/5) (from Ch. 111, par. 3705)
| 6 | | (Section scheduled to be repealed on January 1, 2024)
| 7 | | Sec. 5. Board. The Secretary shall appoint an Illinois | 8 | | Occupational Therapy
Licensure Board as follows: 7 persons who | 9 | | shall be appointed by and shall
serve in
an advisory capacity | 10 | | to the Secretary. Four members must be licensed
occupational | 11 | | therapists in good standing, and actively engaged
in the
| 12 | | practice of occupational therapy in this State; 2 members must | 13 | | be licensed
occupational therapy assistants in good standing | 14 | | and actively
engaged in the practice of occupational therapy | 15 | | in this State; and 1 member
must be a public member who is not | 16 | | licensed under this Act, or a similar Act of
another | 17 | | jurisdiction, and is not a provider of health care service.
| 18 | | Members shall serve 4-year 4 year terms and until their | 19 | | successors are appointed
and qualified. No member shall be | 20 | | appointed under this or any prior Act
to the Board for service | 21 | | which would constitute more than 2 full consecutive terms.
| 22 | | Appointments to fill vacancies shall be made in the same | 23 | | manner as original
appointments, for the unexpired portion of | 24 | | the vacated term.
| 25 | | The Secretary shall have the authority to remove or |
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| 1 | | suspend any member of the Board for cause at any time before | 2 | | the expiration of the member's his or her term. The Secretary | 3 | | shall be the sole arbiter of cause.
| 4 | | The Secretary shall consider the recommendations of the | 5 | | 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 | 12 | | in 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. 98-264, eff. 12-31-13.)
| 17 | | (225 ILCS 75/6.5)
| 18 | | (Section scheduled to be repealed on January 1, 2024)
| 19 | | Sec. 6.5. Social Security Number or individual taxpayer | 20 | | identification number on license application. In addition
to | 21 | | any other information required to be contained in the | 22 | | application, every
application for an original license under | 23 | | this Act shall
include the applicant's Social Security Number | 24 | | or individual taxpayer identification number , which shall be | 25 | | retained in the agency's records pertaining to the license. As |
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| 1 | | soon as practical, the Department shall assign a customer's | 2 | | identification number to each applicant for a license. | 3 | | Every application for a renewal or restored license shall | 4 | | require the applicant's customer identification number.
| 5 | | (Source: P.A. 97-400, eff. 1-1-12 .)
| 6 | | (225 ILCS 75/7) (from Ch. 111, par. 3707)
| 7 | | (Section scheduled to be repealed on January 1, 2024)
| 8 | | Sec. 7. Examinations. The Department shall authorize | 9 | | examinations of applicants for a license under this Act at the | 10 | | times and place as it may designate. The examination shall be
| 11 | | of a character to give a fair test of the qualifications of the | 12 | | applicant
to practice occupational therapy.
| 13 | | Applications for examination as occupational therapists | 14 | | and occupational
therapy assistants shall be required to pay, | 15 | | either to the Department or
the designated testing service, a | 16 | | fee covering the cost of providing the
examination. Failure to | 17 | | appear for the examination on the scheduled date,
at the time | 18 | | and place specified, after the applicant's application for
| 19 | | examination has been received and acknowledged by the | 20 | | Department or the
designated testing service, shall result in | 21 | | the forfeiture of the
examination fee.
| 22 | | If an applicant neglects, fails or refuses to take the | 23 | | examination within
90 days after the date the Confirmation of | 24 | | Examination and Eligibility to
Examine Notice is issued or | 25 | | fails to pass an examination for certification
under this Act, |
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| 1 | | the application shall be denied. If an applicant fails to pass
| 2 | | an examination for registration under this Act within 3 years | 3 | | after filing
the his application, the application shall be | 4 | | denied. The applicant
may thereafter make a new application | 5 | | accompanied by the required fee,
however, the applicant shall | 6 | | meet all requirements in effect at the time of
subsequent | 7 | | application before obtaining licensure.
| 8 | | The Department may employ consultants for the purposes of | 9 | | preparing and
conducting examinations.
| 10 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 11 | | (225 ILCS 75/11) (from Ch. 111, par. 3711)
| 12 | | (Section scheduled to be repealed on January 1, 2024)
| 13 | | Sec. 11. Expiration and renewal; restoration; military | 14 | | service. | 15 | | (a) The expiration date and renewal period for each | 16 | | certificate
issued under this Act shall be set by rule.
| 17 | | (b) Any occupational therapist or occupational therapy | 18 | | assistant who has
permitted the his or her license to expire or | 19 | | who has had the his or her license on inactive
status may have | 20 | | the his or her license restored by making application to the
| 21 | | Department, by filing proof acceptable to the Department of | 22 | | the licensee's his fitness to
have the his license restored, | 23 | | by paying the required fee, and by showing proof of compliance | 24 | | with any continuing education requirements. Proof of fitness | 25 | | may include sworn evidence certifying to active
practice in |
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| 1 | | another jurisdiction.
| 2 | | If the occupational therapist or occupational therapy | 3 | | assistant has not
maintained an active practice in another | 4 | | jurisdiction satisfactory to the
Department, the Department | 5 | | shall determine, by an evaluation program
established by rule, | 6 | | the licensee's his fitness to resume active status and shall | 7 | | establish procedures and requirements for restoration.
| 8 | | (c) However, any occupational therapist or occupational | 9 | | therapy assistant whose
license expired while the licensee he | 10 | | was (1) in Federal Service on
active duty with
the Armed Forces | 11 | | of the United States, or the State Militia called into
service | 12 | | or training, or (2) in training or education under the | 13 | | supervision
of the United States preliminary to induction into | 14 | | the military service,
may have the licensee's his or her | 15 | | license renewed or restored without paying any lapsed renewal
| 16 | | fees if within 2 years after honorable termination of such | 17 | | service, training or education
except under conditions other | 18 | | than honorable, the licensee he or she furnishes the | 19 | | Department
with satisfactory evidence to the effect that the | 20 | | licensee he or she has been so engaged and
that the licensee's | 21 | | his or her service, training, or education has been so | 22 | | terminated.
| 23 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 24 | | (225 ILCS 75/12) (from Ch. 111, par. 3712)
| 25 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 12. Inactive status; restoration. Any occupational | 2 | | therapist or occupational therapy assistant
who notifies the | 3 | | Department in writing on forms prescribed by the Department,
| 4 | | may elect to place the licensee's his license on an inactive | 5 | | status and shall, subject
to rules of the Department, be | 6 | | excused from payment of renewal fees until
the licensee he | 7 | | notifies the Department in writing of the licensee's his | 8 | | desire to resume active status.
| 9 | | Any occupational therapist or occupational therapy | 10 | | assistant requesting
restoration from inactive or expired | 11 | | status shall be required to pay the current renewal
fee, | 12 | | demonstrate compliance with continuing education requirements, | 13 | | if any, and shall be required to restore the his license as | 14 | | provided in Section 11.
| 15 | | Any occupational therapist or occupational therapy | 16 | | assistant whose license
is in expired or inactive status shall | 17 | | not practice occupational therapy in the
State or present | 18 | | oneself as an occupational therapist or occupational therapy | 19 | | assistant of Illinois .
| 20 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 21 | | (225 ILCS 75/15) (from Ch. 111, par. 3715)
| 22 | | (Section scheduled to be repealed on January 1, 2024)
| 23 | | Sec. 15.
Any person who is issued a license as an | 24 | | occupational therapist
registered under the terms of this Act | 25 | | may use the words "occupational
therapist" or "licensed |
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| 1 | | occupational therapist", or
may use the
letters "O.T.", | 2 | | "OT/L", or "OTR/L", in connection with the licensee's his or | 3 | | her name or place
of business to denote the licensee's his or | 4 | | her licensure under this Act.
| 5 | | Any person who is issued a license as an occupational | 6 | | therapy
assistant under the terms of this Act may use the | 7 | | words, "occupational therapy
assistant" or "licensed | 8 | | occupational therapy assistant", or
the licensee he or she may | 9 | | use
the letters "O.T.A.", "OTA/L", or "COTA/L" in connection | 10 | | with the licensee's his or her
name or place of business to | 11 | | denote the licensee's his or her licensure under this
Act.
| 12 | | (Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
| 13 | | (225 ILCS 75/16) (from Ch. 111, par. 3716)
| 14 | | (Section scheduled to be repealed on January 1, 2024)
| 15 | | Sec. 16. Fees; returned checks. The fees for the | 16 | | administration and
enforcement of this Act,
including , but not | 17 | | limited to, original certification, renewal, and
restoration | 18 | | of a license issued under this Act, shall be set by rule. The | 19 | | fees shall be non-refundable.
| 20 | | Any person who delivers a check or other payment to the | 21 | | Department that
is returned to the Department unpaid by the | 22 | | financial institution upon
which it is drawn shall pay to the | 23 | | Department, in addition to the amount
already owed to the | 24 | | Department, a fine of $50. The fines imposed by this Section | 25 | | are in addition
to any other discipline provided under this |
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| 1 | | Act for unlicensed
practice or practice on a nonrenewed | 2 | | license. The Department shall notify
the person that payment | 3 | | of fees and fines shall be paid to the Department
by certified | 4 | | check or money order within 30 calendar days of the
| 5 | | notification. If, after the expiration of 30 days from the | 6 | | date of the
notification, the person has failed to submit the | 7 | | necessary remittance, the
Department shall automatically | 8 | | terminate the license or certificate or deny
the application, | 9 | | without hearing. If, after termination or denial, the
person | 10 | | seeks a license or certificate, the person he or she shall | 11 | | apply to the
Department for restoration or issuance of the | 12 | | license or certificate and
pay all fees and fines due to the | 13 | | Department. The Department may establish
a fee for the | 14 | | processing of an application for restoration of a license or
| 15 | | certificate to pay all expenses of processing this | 16 | | application. The Secretary
may waive the fines due under this | 17 | | Section in individual cases where the
Secretary finds that the | 18 | | fines would be unreasonable or unnecessarily
burdensome.
| 19 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 20 | | (225 ILCS 75/19) (from Ch. 111, par. 3719)
| 21 | | (Section scheduled to be repealed on January 1, 2024)
| 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 | 25 | | disciplinary or non-disciplinary
action as the Department may |
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| 1 | | deem proper, including imposing fines not to exceed
$10,000 | 2 | | for each violation and the assessment of costs as provided | 3 | | under Section 19.3 of this Act, with regard to any license for
| 4 | | any one or combination of the following:
| 5 | | (1) Material misstatement in furnishing information to | 6 | | the Department;
| 7 | | (2) Violations of this Act, or of the rules | 8 | | promulgated thereunder;
| 9 | | (3) Conviction by plea of guilty or nolo contendere, | 10 | | finding of guilt, jury verdict, or entry of judgment or | 11 | | sentencing of any crime, including, but not limited to, | 12 | | convictions, preceding sentences of supervision, | 13 | | conditional discharge, or first offender probation, under | 14 | | the laws of any jurisdiction of the United States that is | 15 | | (i) a felony or (ii) a misdemeanor, an essential element | 16 | | of which is dishonesty, or that is directly related to the | 17 | | practice of the profession;
| 18 | | (4) Fraud , or any misrepresentation , or concealment in | 19 | | applying for or procuring a license under this Act, or in | 20 | | connection with applying for renewal of a license under | 21 | | this Act;
| 22 | | (5) Professional incompetence;
| 23 | | (6) Aiding or assisting another person, firm, | 24 | | partnership or
corporation in violating any provision of | 25 | | this Act or rules;
| 26 | | (7) Failing, within 60 days, to provide information in |
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| 1 | | response to a
written request made by the Department;
| 2 | | (8) Engaging in dishonorable, unethical or | 3 | | unprofessional conduct of a
character likely to deceive, | 4 | | defraud or harm the public;
| 5 | | (9) Habitual or excessive use or abuse of drugs | 6 | | defined in law as controlled substances, alcohol, or any | 7 | | other substance that results in the inability to practice | 8 | | with reasonable judgment, skill, or safety;
| 9 | | (10) Discipline by another state, unit of government, | 10 | | government agency, the District of Columbia, a territory,
| 11 | | or foreign nation, if at least one of the grounds for the | 12 | | discipline is
the same or substantially equivalent to | 13 | | those set forth herein;
| 14 | | (11) Directly or indirectly giving to or receiving | 15 | | from any person, firm,
corporation, partnership, or | 16 | | association any fee, commission, rebate , or other
form of | 17 | | compensation for professional services not actually or | 18 | | personally
rendered. Nothing in this paragraph (11) | 19 | | affects any bona fide independent contractor or employment | 20 | | arrangements among health care professionals, health | 21 | | facilities, health care providers, or other entities, | 22 | | except as otherwise prohibited by law. Any employment | 23 | | arrangements may include provisions for compensation, | 24 | | health insurance, pension, or other employment benefits | 25 | | for the provision of services within the scope of the | 26 | | licensee's practice under this Act. Nothing in this |
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| 1 | | paragraph (11) shall be construed to require an employment | 2 | | arrangement to receive professional fees for services | 3 | | rendered;
| 4 | | (12) A finding by the Department that the license | 5 | | holder, after having the his
license disciplined, has | 6 | | violated the terms of the discipline;
| 7 | | (13) Willfully Wilfully making or filing false records | 8 | | or reports in the practice
of occupational therapy, | 9 | | including , but not limited to , false records filed
with | 10 | | the State agencies or departments;
| 11 | | (14) Physical illness, including , but not limited to, | 12 | | deterioration through
the aging process , or loss of motor | 13 | | skill which results in the inability
to practice under | 14 | | this Act with reasonable judgment, skill, or safety;
| 15 | | (15) Solicitation of professional services other than | 16 | | by permitted
advertising;
| 17 | | (16) Allowing one's license under this Act to be used | 18 | | by an unlicensed person in violation of this Act;
| 19 | | (17) Practicing under a false or, except as provided | 20 | | by law, assumed name;
| 21 | | (18) Professional incompetence or gross negligence;
| 22 | | (19) Malpractice;
| 23 | | (20) Promotion of the sale of drugs, devices, | 24 | | appliances, or goods provided for a patient in any manner | 25 | | to exploit the client for financial gain of the licensee;
| 26 | | (21) Gross, willful, or continued overcharging for |
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| 1 | | professional services;
| 2 | | (22) Mental illness or disability that results in the | 3 | | inability to practice under this Act with reasonable | 4 | | judgment, skill, or safety;
| 5 | | (23) Violating the Health Care Worker Self-Referral | 6 | | Act;
| 7 | | (24) Failing to refer a patient or individual whose | 8 | | medical condition should, at the time of evaluation or | 9 | | treatment, be determined to be beyond the scope of | 10 | | practice of the occupational therapist to an appropriate | 11 | | health care professional Having treated patients other | 12 | | than by the practice of occupational
therapy as defined in | 13 | | this Act, or having treated patients as a licensed
| 14 | | occupational therapist independent of a referral from a | 15 | | physician, advanced practice registered nurse or physician | 16 | | assistant in accordance with Section 3.1, dentist,
| 17 | | podiatric physician, or optometrist, or having failed to | 18 | | notify the physician,
advanced practice registered nurse, | 19 | | physician assistant,
dentist, podiatric physician, or | 20 | | optometrist who established a diagnosis that the
patient | 21 | | is
receiving occupational therapy pursuant to that | 22 | | diagnosis ;
| 23 | | (25) Cheating on or attempting to subvert the | 24 | | licensing 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 | | (27) Practicing beyond the scope of the practice of | 3 | | occupational therapy; | 4 | | (28) Providing substandard care as an occupational | 5 | | therapist due to a deliberate or negligent act, negligent | 6 | | supervision of an occupational therapy assistant, or | 7 | | failure to act regardless of whether actual injury to the | 8 | | recipient is established; | 9 | | (29) Providing substandard care as an occupational | 10 | | therapy assistant, including exceeding the authority to | 11 | | perform components of intervention selected and delegated | 12 | | by the supervising occupational therapist regardless of | 13 | | whether actual injury to the recipient is established; | 14 | | (30) Knowingly delegating responsibilities to an | 15 | | individual who does not have the knowledge, skills, or | 16 | | abilities to perform those responsibilities; and | 17 | | (31) Engaging in sexual misconduct. For the purposes | 18 | | of this paragraph, sexual misconduct includes: | 19 | | (A) engaging in or soliciting a sexual | 20 | | relationship, whether consensual or non-consensual, | 21 | | while an occupational therapist or occupational | 22 | | therapy assistant with the recipient of occupational | 23 | | therapy services; and | 24 | | (B) making sexual advances, requesting sexual | 25 | | favors, or engaging in physical contact of a sexual | 26 | | nature with the recipient of occupational therapy |
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| 1 | | services. | 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 | 15 | | licensee shall file a petition for restoration and shall | 16 | | include evidence acceptable to the Department that the | 17 | | licensee can resume practice in compliance with acceptable and | 18 | | prevailing standards of their profession.
| 19 | | (c) The Department may refuse to issue or may suspend | 20 | | without hearing, as provided for in the Code of Civil | 21 | | Procedure,
the license of any person who fails to file a | 22 | | return, to pay the tax, penalty,
or interest
shown in a filed | 23 | | return, or to pay any final assessment of tax, penalty, or
| 24 | | interest as
required by any tax Act administered by the | 25 | | Illinois Department of Revenue, until such
time as
the | 26 | | requirements of any such tax Act are satisfied in accordance |
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| 1 | | with subsection (a) of Section 2105-15 of the Department of | 2 | | Professional Regulation Law of the Civil Administrative Code | 3 | | of Illinois.
| 4 | | (d) In enforcing this Section, the Department, upon a | 5 | | showing of a possible violation, may compel any individual who | 6 | | is licensed under this Act or any individual who has applied | 7 | | for licensure to submit to a mental or physical examination or | 8 | | evaluation, or both, which may include a substance abuse or | 9 | | sexual offender evaluation, at the expense of the Department. | 10 | | The Department shall specifically designate the examining | 11 | | physician licensed to practice medicine in all of its branches | 12 | | or, if applicable, the multidisciplinary team involved in | 13 | | providing the mental or physical examination and evaluation. | 14 | | The multidisciplinary team shall be led by a physician | 15 | | licensed to practice medicine in all of its branches and may | 16 | | consist of one or more or a combination of physicians licensed | 17 | | to practice medicine in all of its branches, licensed | 18 | | chiropractic physicians, licensed clinical psychologists, | 19 | | licensed clinical social workers, licensed clinical | 20 | | professional counselors, and other professional and | 21 | | administrative staff. Any examining physician or member of the | 22 | | multidisciplinary team may require any person ordered to | 23 | | submit to an examination and evaluation pursuant to this | 24 | | Section to submit to any additional supplemental testing | 25 | | deemed necessary to complete any examination or evaluation | 26 | | process, including, but not limited to, blood testing, |
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| 1 | | urinalysis, psychological testing, or neuropsychological | 2 | | testing. | 3 | | The Department may order the examining physician or any | 4 | | member of the multidisciplinary team to provide to the | 5 | | Department any and all records, including business records, | 6 | | that relate to the examination and evaluation, including any | 7 | | supplemental testing performed. The Department may order the | 8 | | examining physician or any member of the multidisciplinary | 9 | | team to present testimony concerning this examination and | 10 | | evaluation of the licensee or applicant, including testimony | 11 | | concerning any supplemental testing or documents relating to | 12 | | the examination and evaluation. No information, report, | 13 | | record, or other documents in any way related to the | 14 | | examination and evaluation shall be excluded by reason of any | 15 | | common law or statutory privilege relating to communication | 16 | | between the licensee or applicant and the examining physician | 17 | | or any member of the multidisciplinary team. No authorization | 18 | | is necessary from the licensee or applicant ordered to undergo | 19 | | an evaluation and examination for the examining physician or | 20 | | any member of the multidisciplinary team to provide | 21 | | information, reports, records, or other documents or to | 22 | | provide any testimony regarding the examination and | 23 | | evaluation. The individual to be examined may have, at his or | 24 | | her own expense, another physician of his or her choice | 25 | | present during all aspects of the examination. | 26 | | Failure of any individual to submit to mental or physical |
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| 1 | | examination or evaluation, or both, when directed, shall | 2 | | result in an automatic suspension without hearing, until such | 3 | | time as the individual submits to the examination. If the | 4 | | Department finds a licensee unable to practice because of the | 5 | | reasons set forth in this Section, the Department shall | 6 | | require the licensee to submit to care, counseling, or | 7 | | treatment by physicians approved or designated by the | 8 | | Department as a condition for continued, reinstated, or | 9 | | renewed licensure. | 10 | | When the Secretary immediately suspends a license under | 11 | | this Section, a hearing upon such person's license must be | 12 | | convened by the Department within 15 days after the suspension | 13 | | and completed without appreciable delay. The Department shall | 14 | | have the authority to review the licensee's record of | 15 | | treatment and counseling regarding the impairment to the | 16 | | extent permitted by applicable federal statutes and | 17 | | regulations safeguarding the confidentiality of medical | 18 | | records. | 19 | | Individuals licensed under this Act that are affected | 20 | | under this Section, shall be afforded an opportunity to | 21 | | demonstrate to the Department that they can resume practice in | 22 | | compliance with acceptable and prevailing standards under the | 23 | | provisions of their license.
| 24 | | (e) (Blank). | 25 | | (f) In cases where the Department of Healthcare and Family | 26 | | Services has previously determined a licensee or a potential |
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| 1 | | licensee is more than 30 days delinquent in the payment of | 2 | | child support and has subsequently certified the delinquency | 3 | | to the Department, the Department may refuse to issue or renew | 4 | | or may revoke or suspend that person's license or may take | 5 | | other disciplinary action against that person based solely | 6 | | upon the certification of delinquency made by the Department | 7 | | of Healthcare and Family Services in accordance with paragraph | 8 | | (5) of subsection (a) of Section 2105-15 of the Department of | 9 | | Professional Regulation Law of the Civil Administrative Code | 10 | | of Illinois. | 11 | | (Source: P.A. 100-513, eff. 1-1-18; 100-872, eff. 8-14-18.)
| 12 | | (225 ILCS 75/19.2) (from Ch. 111, par. 3721)
| 13 | | (Section scheduled to be repealed on January 1, 2024)
| 14 | | Sec. 19.2. Investigations; notice and hearing. The | 15 | | Department may investigate
the actions of any applicant or of | 16 | | any person or person holding or claiming to
hold a license. The | 17 | | Department shall, before refusing to issue, renew, or | 18 | | discipline a licensee or applicant, at least 30 days prior to | 19 | | the date set for the
hearing, notify the applicant or licensee | 20 | | in writing of the
nature of the charges and the time and place | 21 | | for a hearing on the charges.
The Department shall direct the | 22 | | applicant or licensee to file a written answer to the charges | 23 | | with the Board under
oath within 20 days after the service of | 24 | | the notice and inform the applicant or
licensee that failure | 25 | | to file an answer will result in default being taken
against |
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| 1 | | the applicant or licensee. At the time and place fixed in the | 2 | | notice, the Department shall proceed to hear the charges and | 3 | | the parties or their counsel shall be accorded ample | 4 | | opportunity to present any pertinent statements, testimony, | 5 | | evidence, and arguments. The Department may continue the | 6 | | hearing from time to time. In case the person, after receiving | 7 | | the notice, fails to file an answer, his or her license may, in | 8 | | the discretion of the Department, be revoked, suspended, | 9 | | placed on probationary status, or the Department may take | 10 | | whatever disciplinary action considered proper, including | 11 | | limiting the scope, nature, or extent of the person's practice | 12 | | or the imposition of a fine, without a hearing, if the act or | 13 | | acts charged constitute sufficient grounds for that action | 14 | | under the Act. The written notice and any notice in the | 15 | | subsequent proceeding may be served by personal delivery or by | 16 | | registered or certified mail to the licensee's address or | 17 | | email address of record.
| 18 | | The written notice and any notice in the subsequent | 19 | | proceeding may be served electronically to the licensee's | 20 | | email address of record, or, if in the course of the | 21 | | administrative proceeding the party has previously designated | 22 | | a specific email address at which to accept electronic service | 23 | | for that specific proceeding, by sending a copy by email to the | 24 | | party's email address on record. | 25 | | (Source: P.A. 98-264, eff. 12-31-13.)
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| 1 | | (225 ILCS 75/19.6) (from Ch. 111, par. 3725)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 19.6. Findings of Board. At the conclusion of the | 4 | | hearing the Board shall present
to the Secretary a written | 5 | | report of its findings of fact, conclusions of
law, and | 6 | | recommendations. The report shall contain a finding whether or
| 7 | | not the accused person violated this Act or failed to comply | 8 | | with the
conditions required in this Act. The Board shall | 9 | | specify the nature of the
violation or failure to comply, and | 10 | | shall make its recommendations to the Secretary. The report of | 11 | | findings of fact, conclusions of law and
recommendations of | 12 | | the Board may be the basis for the Secretary's Department's | 13 | | order for refusing to issue, restore, or renew a license or | 14 | | otherwise disciplining a licensee. If the Secretary disagrees | 15 | | in any regard with the
report of the Board he may issue an | 16 | | order in contravention thereof. The finding is not admissible | 17 | | in evidence against the person
in a criminal prosecution | 18 | | brought for the violation of this Act, but the hearing and | 19 | | findings are not a bar to a criminal prosecution brought for | 20 | | the violation of this Act.
| 21 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 22 | | (225 ILCS 75/19.7) (from Ch. 111, par. 3726)
| 23 | | (Section scheduled to be repealed on January 1, 2024)
| 24 | | Sec. 19.7. Report of Board; motion for rehearing. In any | 25 | | case involving the refusal to issue or renew, or
the taking of |
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| 1 | | disciplinary action against, a license, a copy of the Board's
| 2 | | report shall be served upon the respondent by the Department | 3 | | as provided
in this Act for the service of the notice of | 4 | | hearing. Within 20 days after
such service, the respondent may | 5 | | present to the Secretary Department a motion in writing
for a | 6 | | rehearing, which motion shall specify the particular grounds | 7 | | therefor.
If no motion for rehearing is filed, then upon the | 8 | | expiration of the time
specified for filing such a motion, or | 9 | | if a motion for rehearing is denied,
then upon such denial the | 10 | | Secretary may enter an order in accordance with
| 11 | | recommendations of the Board except as provided in Section | 12 | | 19.6. If the
respondent shall order from the reporting | 13 | | service, and pays for a transcript
of the record within the | 14 | | time for filing a motion for rehearing, the 20-day 20
day | 15 | | period within which such a motion may be filed shall commence | 16 | | upon the
delivery of the transcript to the respondent.
| 17 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 18 | | (225 ILCS 75/19.9) (from Ch. 111, par. 3728)
| 19 | | (Section scheduled to be repealed on January 1, 2024)
| 20 | | Sec. 19.9. Appointment of hearing officer. The Secretary
| 21 | | shall have the authority to appoint any attorney duly licensed | 22 | | to practice
law in the State of Illinois to serve as the | 23 | | hearing officer in any action
involving a refusal to issue or | 24 | | renew, or the taking of disciplinary action
against a license.
| 25 | | The hearing officer shall have full authority to conduct the |
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| 1 | | hearing. The
hearing officer shall report his or her findings | 2 | | of fact, conclusions of law and
recommendations to the Board | 3 | | and the Secretary . The Board shall have 60
days from receipt of | 4 | | the report to review the report of the hearing officer
and | 5 | | present their findings of fact, conclusion of law and | 6 | | recommendations
to the Secretary. If the Board fails to | 7 | | present its report within the 60-day 60
day period, the | 8 | | Secretary may issue an order based on the report of the
hearing | 9 | | officer. If the Secretary disagrees with the report
of the | 10 | | Board or hearing officer, then the Secretary may issue an | 11 | | order in contravention
thereof.
| 12 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 13 | | (225 ILCS 75/19.15) (from Ch. 111, par. 3734)
| 14 | | (Section scheduled to be repealed on January 1, 2024)
| 15 | | Sec. 19.15. Certification of record. The Department shall | 16 | | not be
required to certify
any record to the court or file any | 17 | | answer in court or otherwise
appear in any court in a judicial | 18 | | review proceeding, unless and until the Department has | 19 | | received from the plaintiff payment of the costs of furnishing | 20 | | and
certifying the record, which costs shall be determined by | 21 | | the Department. Exhibits shall be certified without cost. | 22 | | Failure on the part of the
plaintiff to file a receipt in court | 23 | | shall be grounds for
dismissal of the action.
| 24 | | (Source: P.A. 98-264, eff. 12-31-13.)
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| 1 | | (225 ILCS 75/20) (from Ch. 111, par. 3736)
| 2 | | (Section scheduled to be repealed on January 1, 2024)
| 3 | | Sec. 20. Administrative Procedure Act. The Illinois | 4 | | Administrative
Procedure Act is hereby expressly adopted and | 5 | | incorporated herein as if all of
the provisions of that Act | 6 | | were included in this Act, except that the
provision of | 7 | | subsection (d) of Section 10-65 of the Illinois Administrative
| 8 | | Procedure Act that provides that at hearings the certificate | 9 | | holder has the
right to show compliance with all lawful | 10 | | requirements for retention,
continuation or renewal of | 11 | | certification is specifically excluded. For the
purpose of | 12 | | this Act the notice required under Section 10-25 of the | 13 | | Illinois
Administrative Procedure Act is deemed sufficient | 14 | | when mailed or emailed to the last known
address of record of a | 15 | | party.
| 16 | | (Source: P.A. 98-264, eff. 12-31-13.)
| 17 | | (225 ILCS 75/21) (from Ch. 111, par. 3737)
| 18 | | (Section scheduled to be repealed on January 1, 2024)
| 19 | | Sec. 21. Home rule. The regulation and licensing as an | 20 | | occupational therapist are exclusive powers and functions of | 21 | | the State. A home rule unit may not regulate or license an | 22 | | occupational therapist , occupational therapy assistant, or the | 23 | | practice of occupational therapy. This Section is a denial and | 24 | | limitation of home rule powers and functions under subsection | 25 | | (h) of Section 6 of Article VII of the Illinois Constitution.
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| 1 | | (Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
| 2 | | (225 ILCS 75/17 rep.)
| 3 | | Section 15. The Illinois Occupational Therapy Practice Act | 4 | | is amended by repealing Section 17. | 5 | | Section 99. Effective date. This Section and Section 5 | 6 | | take effect upon becoming law. | | | | SB2057 Enrolled | - 39 - | LRB103 25412 AMQ 51759 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.34 | | | 4 | | 5 ILCS 80/4.39 | | | 5 | | 225 ILCS 75/2 | from Ch. 111, par. 3702 | | 6 | | 225 ILCS 75/2.5 new | | | 7 | | 225 ILCS 75/3 | from Ch. 111, par. 3703 | | 8 | | 225 ILCS 75/5 | from Ch. 111, par. 3705 | | 9 | | 225 ILCS 75/6.5 | | | 10 | | 225 ILCS 75/7 | from Ch. 111, par. 3707 | | 11 | | 225 ILCS 75/11 | from Ch. 111, par. 3711 | | 12 | | 225 ILCS 75/12 | from Ch. 111, par. 3712 | | 13 | | 225 ILCS 75/15 | from Ch. 111, par. 3715 | | 14 | | 225 ILCS 75/16 | from Ch. 111, par. 3716 | | 15 | | 225 ILCS 75/19 | from Ch. 111, par. 3719 | | 16 | | 225 ILCS 75/19.2 | from Ch. 111, par. 3721 | | 17 | | 225 ILCS 75/19.6 | from Ch. 111, par. 3725 | | 18 | | 225 ILCS 75/19.7 | from Ch. 111, par. 3726 | | 19 | | 225 ILCS 75/19.9 | from Ch. 111, par. 3728 | | 20 | | 225 ILCS 75/19.15 | from Ch. 111, par. 3734 | | 21 | | 225 ILCS 75/20 | from Ch. 111, par. 3736 | | 22 | | 225 ILCS 75/21 | from Ch. 111, par. 3737 | | 23 | | 225 ILCS 75/17 rep. | |
| |
|