Full Text of SB2382 093rd General Assembly
SB2382enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Physical Therapy Act is amended by | 5 |
| changing Sections 1, 2, 16.5, 17, 31, and 32.2 as follows:
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| (225 ILCS 90/1) (from Ch. 111, par. 4251)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1. Definitions. As used in this Act:
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| (1) "Physical therapy" means the evaluation or treatment of | 10 |
| a person by
the use of the effective properties of physical | 11 |
| measures and heat, cold,
light, water, radiant energy, | 12 |
| electricity, sound, and air; and the use of
therapeutic | 13 |
| massage, therapeutic exercise, mobilization, and the
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| rehabilitative procedures with or without assistive devices | 15 |
| for the
purposes of preventing, correcting, or alleviating a | 16 |
| physical or mental
disability, or promoting physical fitness | 17 |
| and well-being. Physical therapy
includes, but is not limited | 18 |
| to: (a) performance
of specialized tests and measurements, (b) | 19 |
| administration of specialized
treatment procedures, (c) | 20 |
| interpretation of referrals from physicians, dentists , | 21 |
| advanced practice nurses, physician assistants,
and | 22 |
| podiatrists, (d) establishment, and modification of physical | 23 |
| therapy
treatment programs, (e) administration of topical | 24 |
| medication used in generally
accepted physical therapy | 25 |
| procedures when such medication is prescribed
by the patient's | 26 |
| physician, licensed to practice medicine in all its branches,
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| the patient's physician licensed to practice podiatric | 28 |
| medicine, the patient's advanced practice nurse, the patient's | 29 |
| physician assistant, or the
patient's dentist, and (f) | 30 |
| supervision or teaching of physical therapy.
Physical therapy | 31 |
| does not include radiology, electrosurgery, chiropractic
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| technique or determination of a differential diagnosis; |
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| provided, however,
the limitation on determining a | 2 |
| differential diagnosis shall not in any
manner limit a physical | 3 |
| therapist licensed under this Act from performing
an evaluation | 4 |
| pursuant to such license. Nothing in this Section shall limit
a | 5 |
| physical therapist from employing appropriate physical therapy | 6 |
| techniques
that he or she is educated and licensed to perform. | 7 |
| A physical therapist
shall refer to a licensed physician, | 8 |
| advanced practice nurse, physician assistant, dentist, or | 9 |
| podiatrist any patient
whose medical condition should, at the | 10 |
| time of evaluation or treatment, be
determined to be beyond the | 11 |
| scope of practice of the physical therapist.
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| (2) "Physical therapist" means a person who practices | 13 |
| physical therapy
and who has met all requirements as provided | 14 |
| in this Act.
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| (3) "Department" means the Department of Professional | 16 |
| Regulation.
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| (4) "Director" means the Director of Professional | 18 |
| Regulation.
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| (5) "Committee" means the Physical Therapy Examining | 20 |
| Committee approved
by the Director.
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| (6) "Referral" means a written or oral authorization for | 22 |
| physical therapy services for a patient by a physician, | 23 |
| dentist, advanced practice nurse, physician assistant, or | 24 |
| podiatrist who maintains medical supervision of the patient and | 25 |
| makes a diagnosis or verifies that the patient's condition is | 26 |
| such that it may be treated by a physical therapist
for the | 27 |
| purpose of this Act means the following of guidance
or | 28 |
| direction to the physical therapist given by the physician, | 29 |
| dentist, or
podiatrist who shall maintain supervision of the | 30 |
| patient .
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| (7) "Documented current and relevant diagnosis" for the | 32 |
| purpose of
this Act means a diagnosis, substantiated by | 33 |
| signature or oral verification
of a physician, dentist, | 34 |
| advanced practice nurse, physician assistant, or podiatrist, | 35 |
| that a patient's condition is such
that it may be treated by | 36 |
| physical therapy as defined in this Act, which
diagnosis shall |
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| remain in effect until changed by the physician, dentist , | 2 |
| advanced practice nurse, physician assistant,
or podiatrist.
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| (8) "State" includes:
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| (a) the states of the United States of America;
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| (b) the District of Columbia; and
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| (c) the Commonwealth of Puerto Rico.
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| (9) "Physical therapist assistant" means a person licensed | 8 |
| to assist a
physical therapist and who has met all requirements | 9 |
| as provided in this Act
and who works under the supervision of | 10 |
| a licensed physical therapist to assist
in implementing the | 11 |
| physical therapy treatment program as established by the
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| licensed physical therapist. The patient care activities | 13 |
| provided by the
physical therapist assistant shall not include | 14 |
| the interpretation of referrals,
evaluation procedures, or the | 15 |
| planning or major modification of patient programs.
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| (10) "Physical therapy aide" means a person who has | 17 |
| received on
the job training, specific to the facility in which | 18 |
| he is employed, but who
has not completed an approved physical | 19 |
| therapist assistant program.
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| (11) "Advanced practice nurse" means a person licensed | 21 |
| under the Nursing and Advanced Practice Nursing Act who has a | 22 |
| collaborative agreement with a collaborating physician that | 23 |
| authorizes referrals to physical therapists. | 24 |
| (12) "Physician assistant" means a person licensed under | 25 |
| the Physician Assistant Practice Act of 1987 who has been | 26 |
| delegated authority to make referrals to physical therapists.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (225 ILCS 90/2) (from Ch. 111, par. 4252)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 2. Licensure requirement; exempt activities. Practice | 31 |
| without a
license forbidden - exception.
No person shall
after | 32 |
| the date of August 31, 1965 begin to practice physical therapy | 33 |
| in
this State or hold himself out as being able to practice | 34 |
| this profession,
unless he is licensed as such in accordance | 35 |
| with the provisions of this Act.
After the effective date of |
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| this amendatory Act of 1990, no person shall
practice or hold | 2 |
| himself out as a physical therapist assistant unless he is
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| licensed as such under this Act. A physical therapist shall use | 4 |
| the initials "PT" in connection with his or her name to denote | 5 |
| licensure under this Act, and a physical therapist assistant | 6 |
| shall use the initials "PTA" in connection with his or her name | 7 |
| to denote licensure under this Act.
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| This Act does not prohibit:
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| (1) Any person licensed in this State under
any other | 10 |
| Act from engaging in the practice for which he is licensed.
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| (2) The practice of physical therapy by those persons, | 12 |
| practicing
under the
supervision of a licensed physical | 13 |
| therapist and who have met all of the
qualifications as | 14 |
| provided in Sections 7, 8.1, and 9 of this Act, until
the | 15 |
| next examination is given for physical therapists or | 16 |
| physical
therapist assistants and the results have been | 17 |
| received by the Department
and the Department has | 18 |
| determined the applicant's
eligibility for a license. | 19 |
| Anyone failing to pass said examination
shall not again | 20 |
| practice physical therapy until such time as an examination
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| has been successfully passed by such person.
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| (3) The practice of physical
therapy for a period not | 23 |
| exceeding 6 months by a person who is in this State
on a | 24 |
| temporary basis to assist in a case of medical emergency or | 25 |
| to engage
in a special physical therapy project, and who | 26 |
| meets the qualifications
for a physical therapist as set | 27 |
| forth in Sections 7 and 8 of this Act and
is licensed in | 28 |
| another state as a physical therapist.
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| (4) Practice of physical
therapy by qualified persons | 30 |
| who have filed for endorsement for no longer
than one year | 31 |
| or until such time that notification of licensure has been
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| granted or denied, whichever period of time is lesser.
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| (5) One or more
licensed physical therapists from | 34 |
| forming a professional service
corporation under the | 35 |
| provisions of the "Professional Service Corporation
Act", | 36 |
| approved September 15, 1969, as now or hereafter amended, |
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| and
licensing such corporation for the practice of physical | 2 |
| therapy.
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| (6) Physical therapy aides from performing patient | 4 |
| care activities under
the
on-site supervision of a licensed | 5 |
| physical therapist or licensed physical
therapist | 6 |
| assistant. These patient care activities shall not include
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| interpretation of referrals, evaluation procedures, the | 8 |
| planning of or
major modifications of, patient programs.
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| (7) Physical Therapist
Assistants from performing | 10 |
| patient care activities under the general
supervision of a | 11 |
| licensed physical therapist. The physical therapist must
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| maintain continual contact with the physical therapist | 13 |
| assistant including
periodic personal supervision and | 14 |
| instruction to insure the safety and
welfare of the | 15 |
| patient.
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| (8) The practice of physical therapy by a physical
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| therapy student or a physical therapist assistant student | 18 |
| under the on-site supervision of a licensed physical | 19 |
| therapist.
The physical therapist shall be readily | 20 |
| available for direct supervision
and instruction to insure | 21 |
| the safety and welfare of the patient.
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| (9) The
practice of physical therapy as part of an | 23 |
| educational program by a
physical therapist licensed in | 24 |
| another state or country for a period not to
exceed 6 | 25 |
| months.
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| (Source: P.A. 90-580, eff. 5-21-98.)
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| (225 ILCS 90/16.5)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 16.5. Advertising services.
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| (a) A licensee shall include in every advertisement for | 31 |
| services regulated under
this
Act his or her title as it
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| appears on the license or the initials authorized under this | 33 |
| Act.
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| (b) It is unlawful for any person licensed under this Act
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| to use testimonials or claims of superior quality of care to
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| entice the public. It shall be unlawful to advertise fee
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| comparisons of available services with those of other
persons | 3 |
| licensed under this Act.
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| (c) This Act does not authorize the advertising of
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| professional services that the offeror of such services is
not | 6 |
| licensed to render. Nor shall the advertiser use
statements | 7 |
| that contain false, fraudulent, deceptive or
misleading | 8 |
| material or guarantees of success, play upon the vanity or | 9 |
| fears of the public, or
promote or produce unfair competition.
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| (d) It is unlawful and punishable under Section 31 for any | 11 |
| person
licensed under this Act to knowingly advertise that the | 12 |
| licensee will accept as
payment for services rendered by | 13 |
| assignment from any third-party payor the
amount the | 14 |
| third-party payor covers as payment in full, if the effect is | 15 |
| to
give the impression of eliminating the need of payment by | 16 |
| the patient of any
required deductible or copayment applicable | 17 |
| in the patient's health benefit
plan.
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| (e) As used in this Section, "advertise" means solicitation | 19 |
| by the licensee or
through another by means of handbills, | 20 |
| posters, circulars, motion pictures,
radio, newspapers, or | 21 |
| television or in any other manner.
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| (Source: P.A. 91-310, eff. 1-1-00.)
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| (225 ILCS 90/17) (from Ch. 111, par. 4267)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 17. (1) The Department may refuse to issue or to | 26 |
| renew, or may
revoke, suspend, place on probation, reprimand, | 27 |
| or
take other disciplinary action as the Department deems | 28 |
| appropriate,
including the issuance of fines not to exceed | 29 |
| $5000, with regard to a
license for any one or a combination of | 30 |
| the following:
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| A. Material misstatement in furnishing information to | 32 |
| the Department
or otherwise making misleading, deceptive, | 33 |
| untrue, or fraudulent
representations in violation of this | 34 |
| Act or otherwise in the practice of
the profession;
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| B. Violations of this Act, or of
the rules or |
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| regulations promulgated hereunder;
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| C. Conviction of any crime under the laws of the United | 3 |
| States or any
state or territory thereof which is a felony | 4 |
| or which is a misdemeanor,
an essential element of which is | 5 |
| dishonesty, or of any crime which is directly
related to | 6 |
| the practice of the profession; conviction, as used in this
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| paragraph, shall include a finding or verdict of guilty, an | 8 |
| admission of
guilt or a plea of nolo contendere;
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| D. Making any misrepresentation for the purpose of | 10 |
| obtaining licenses,
or violating any provision of this Act | 11 |
| or the rules promulgated thereunder
pertaining to | 12 |
| advertising;
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| E. A pattern of practice or other behavior which | 14 |
| demonstrates incapacity
or incompetency to practice under | 15 |
| this Act;
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| F. Aiding or assisting another person in violating any
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| provision of this Act or Rules;
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| G. Failing, within 60 days, to provide information in | 19 |
| response to a written
request made by the Department;
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| H. Engaging in dishonorable, unethical or | 21 |
| unprofessional conduct of a
character likely to deceive, | 22 |
| defraud or harm the public. Unprofessional
conduct shall | 23 |
| include any departure from or the failure to conform to the
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| minimal standards of acceptable and prevailing physical | 25 |
| therapy practice,
in which proceeding actual injury to a | 26 |
| patient need not be established;
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| I. Unlawful distribution of any drug or narcotic, or | 28 |
| unlawful
conversion of any drug or narcotic not belonging | 29 |
| to the person for such
person's own use or benefit or for | 30 |
| other than medically accepted
therapeutic purposes;
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| J. Habitual or excessive use or addiction to alcohol, | 32 |
| narcotics,
stimulants, or any other chemical agent or drug | 33 |
| which results in a physical
therapist's or physical | 34 |
| therapist assistant's
inability to practice with | 35 |
| reasonable judgment, skill or safety;
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| K. Revocation or suspension of a license to practice |
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| physical therapy
as a physical therapist or physical | 2 |
| therapist assistant or the taking
of other disciplinary | 3 |
| action by the proper licensing authority of
another state, | 4 |
| territory or country;
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| L. Directly or indirectly giving to or receiving from | 6 |
| any person, firm,
corporation, partnership or association | 7 |
| any fee, commission, rebate or other
form of compensation | 8 |
| for any professional services not actually or
personally | 9 |
| rendered . Nothing contained in this paragraph prohibits | 10 |
| persons holding valid and current licenses under this Act | 11 |
| from practicing physical therapy in partnership under a | 12 |
| partnership agreement, including a limited liability | 13 |
| partnership, a limited liability company, or a corporation | 14 |
| under the Professional Service Corporation Act or from | 15 |
| pooling, sharing, dividing, or apportioning the fees and | 16 |
| monies received by them or by the partnership, company, or | 17 |
| corporation in accordance with the partnership agreement | 18 |
| or the policies of the company or professional corporation ;
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| M. A finding by the Committee that the licensee after | 20 |
| having his or
her license
placed on probationary status has | 21 |
| violated the terms of probation;
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| N. Abandonment of a patient;
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| O. Willfully failing to report an instance of suspected | 24 |
| child abuse or
neglect as required by the Abused and | 25 |
| Neglected Child Reporting Act;
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| P. Willfully failing to report an instance of suspected | 27 |
| elder abuse or
neglect as required by the Elder Abuse | 28 |
| Reporting Act;
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| Q. Physical illness, including but not limited to, | 30 |
| deterioration through
the aging process, or loss of motor | 31 |
| skill which results in the inability
to practice the | 32 |
| profession with reasonable judgement, skill or safety;
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| R. The use of any words (such as physical therapy, | 34 |
| physical therapist
physiotherapy or physiotherapist), | 35 |
| abbreviations, figures or letters with
the intention of | 36 |
| indicating practice as a licensed physical therapist
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| without a valid license as a physical therapist issued | 2 |
| under this Act;
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| S. The use of the term physical therapist assistant, or | 4 |
| abbreviations,
figures, or letters with the intention of | 5 |
| indicating practice as a physical
therapist assistant | 6 |
| without a valid license as a physical therapist
assistant | 7 |
| issued under this Act;
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| T. Willfully violating or knowingly assisting in the | 9 |
| violation of any
law of this State relating to the practice | 10 |
| of abortion;
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| U. Continued practice by a person knowingly having an | 12 |
| infectious,
communicable or contagious disease;
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| V. Having treated ailments of human beings otherwise | 14 |
| than by
the practice of physical therapy as defined in this | 15 |
| Act, or having treated
ailments of human beings as a | 16 |
| licensed physical therapist independent of a
documented | 17 |
| referral or a documented current and relevant diagnosis | 18 |
| from a
physician, dentist, advanced practice nurse, | 19 |
| physician assistant, or podiatrist, or having failed to | 20 |
| notify the
physician, dentist , advanced practice nurse, | 21 |
| physician assistant, or podiatrist who established a | 22 |
| documented current and
relevant diagnosis that the patient | 23 |
| is receiving physical therapy pursuant
to that diagnosis;
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| W. Being named as a perpetrator in an indicated report | 25 |
| by the
Department of Children and Family Services pursuant | 26 |
| to the Abused and
Neglected Child Reporting Act, and upon | 27 |
| proof by clear and convincing
evidence that the licensee | 28 |
| has caused a child to be an abused child or
neglected child | 29 |
| as defined in the Abused and Neglected Child Reporting Act;
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| X. Interpretation of referrals, performance of | 31 |
| evaluation procedures,
planning or making major | 32 |
| modifications of patient programs by a physical
therapist | 33 |
| assistant;
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| Y. Failure by a physical therapist assistant and | 35 |
| supervising physical
therapist to maintain continued | 36 |
| contact, including periodic personal
supervision and |
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| instruction, to insure safety and welfare of patients;
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| Z. Violation of the Health Care Worker Self-Referral | 3 |
| Act.
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| (2) The determination by a circuit court that a licensee is | 5 |
| subject to
involuntary admission or judicial admission as | 6 |
| provided in the Mental Health
and Developmental Disabilities | 7 |
| Code operates as an automatic suspension.
Such suspension will | 8 |
| end only upon a finding by a court that the patient is
no | 9 |
| longer subject to involuntary admission or judicial admission | 10 |
| and the
issuance of an order so finding and discharging the | 11 |
| patient; and upon the
recommendation of the Committee to the | 12 |
| Director that the licensee be
allowed to resume his practice.
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| (3) The Department may refuse to issue or may suspend the | 14 |
| license of any
person who fails to file a return, or to pay the | 15 |
| tax, penalty or interest
shown in a filed return, or to pay any | 16 |
| final assessment of tax, penalty or
interest, as required by | 17 |
| any tax Act administered by the Illinois
Department of Revenue, | 18 |
| until such time as the requirements of any such tax
Act are | 19 |
| satisfied.
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| (Source: P.A. 89-387, eff. 1-1-96.)
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| (225 ILCS 90/31) (from Ch. 111, par. 4281)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 31. Violations.
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| (a) Any person who is found to have violated any
provision | 25 |
| of this Act is guilty of a Class A misdemeanor for the first
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| offense and a Class 4 felony for the second and any subsequent | 27 |
| offense.
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| (b) Any person representing himself or herself or | 29 |
| advertising
as a physical therapist or that the services he or | 30 |
| she renders are physical therapy
services , or who uses any | 31 |
| words, such as physical therapy, physical therapist,
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| physiotherapy , or physiotherapist, abbreviations, figures , or | 33 |
| letters , such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",
| 34 |
| with
the intention of indicating that he or she is engaged in | 35 |
| the practice of physical therapy
as a licensed physical |
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| therapist, when
he or she does not possess a currently valid | 2 |
| license as defined herein, commits
a Class A misdemeanor, for a | 3 |
| first offense, and a Class 4 felony for a second
or subsequent | 4 |
| offense.
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| (c) Any person representing himself or herself or | 6 |
| advertising as a physical therapist assistant
or that the | 7 |
| services he or she renders are physical therapy services , or | 8 |
| who uses any
words , such as physical therapy or physical | 9 |
| therapist assistant, or uses
abbreviations, figures , or | 10 |
| letters , such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",
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| with the intention of indicating that he or she is engaged in | 12 |
| the practice
of physical therapy
as a physical therapist | 13 |
| assistant, when he or she does not possess a currently
valid | 14 |
| license as defined herein, commits a Class A misdemeanor for a | 15 |
| first
offense, and a Class 4 felony for a second or subsequent | 16 |
| offense.
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| (Source: P.A. 85-342; 86-1396.)
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| (225 ILCS 90/32.2)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 32.2. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 22 |
| to practice, or
holds oneself out to practice physical therapy | 23 |
| or as a physical therapist or a
physical therapist assistant | 24 |
| without being licensed under this Act or who violates Section | 25 |
| 16.5 or subsection (b) or (c) of Section 31 shall, in
addition | 26 |
| to any other penalty provided by law, pay a civil penalty to | 27 |
| the
Department in an amount not to exceed $5,000 for each | 28 |
| offense as determined by
the Department. The civil penalty | 29 |
| shall be assessed by the Department after a
hearing is held in | 30 |
| accordance with the provisions set forth in this Act
regarding | 31 |
| the provision of a hearing for the discipline of a licensee.
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| (b) The Department has the authority and power to | 33 |
| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 35 |
| the effective date
of the order imposing the civil penalty. The |
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| order shall constitute a judgment
and may be filed and | 2 |
| execution had thereon in the same manner as any judgment
from | 3 |
| any court of record.
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| (Source: P.A. 89-387, eff. 1-1-96.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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