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




SB2057 EnrolledLRB103 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 Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on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 Acts repealed on January 1, 2029 and December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4    (a) The following Act is repealed on January 1, 2029: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7    (b) The following Act is repealed on December 31, 2029: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, 3.1, 5, 6.5, 7, 11, 12,
1315, 16, 19, 19.2, 19.6, 19.7, 19.9, 19.15, 20, and 21 and by
14adding 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16    (Section scheduled to be repealed on January 1, 2024)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
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.



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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



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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



SB2057 Enrolled- 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



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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



SB2057 Enrolled- 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 Enrolled- 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 75/3.1)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 3.1. Referrals.
12    (a) A licensed occupational therapist or licensed
13occupational therapy assistant may evaluate, initiate, and
14provide occupational therapy services and consult with,
15educate, evaluate, and monitor services for individuals,
16groups, and populations concerning occupational therapy needs
17without a referral. Except as indicated in subsections (b) and
18(c) of this Section, implementation of direct occupational
19therapy treatment to individuals for their specific health
20care conditions shall be based upon a referral from a licensed
21physician, dentist, podiatric physician, advanced practice
22registered nurse, physician assistant, or optometrist.
23    (b) (Blank). A referral is not required for the purpose of
24providing consultation, habilitation, screening, education,
25wellness, prevention, environmental assessments, and



SB2057 Enrolled- 14 -LRB103 25412 AMQ 51759 b

1work-related ergonomic services to individuals, groups, or
3    (c) Referral from a physician or other health care
4provider is not required for evaluation or intervention for
5children and youths if an occupational therapist or
6occupational therapy assistant provides services in a
7school-based or educational environment, including the child's
9    (d) An occupational therapist shall refer to a licensed
10physician, dentist, optometrist, advanced practice registered
11nurse, physician assistant, or podiatric physician any a
12patient to the patient's treating health care professional of
13record, or to a health care professional of the patient's
14choosing if there is no health care professional of record,
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
8Occupational Therapy Licensure Board as follows: 7 persons who
9shall be appointed by and shall serve in an advisory capacity
10to the Secretary. Four members must be licensed occupational
11therapists in good standing, and actively engaged in the
12practice of occupational therapy in this State; 2 members must
13be licensed occupational therapy assistants in good standing
14and actively engaged in the practice of occupational therapy
15in this State; and 1 member must be a public member who is not
16licensed under this Act, or a similar Act of another
17jurisdiction, and is not a provider of health care service.
18    Members shall serve 4-year 4 year terms and until their
19successors are appointed and qualified. No member shall be
20appointed under this or any prior Act to the Board for service
21which would constitute more than 2 full consecutive terms.
22Appointments to fill vacancies shall be made in the same
23manner as original appointments, for the unexpired portion of
24the vacated term.
25    The Secretary shall have the authority to remove or



SB2057 Enrolled- 16 -LRB103 25412 AMQ 51759 b

1suspend any member of the Board for cause at any time before
2the expiration of the member's his or her term. The Secretary
3shall be the sole arbiter of cause.
4    The Secretary shall consider the recommendations of the
5Board on questions involving standards of professional
6conduct, discipline and qualifications of candidates and
7license holders under this Act.
8    Four members of the Board shall constitute a quorum. A
9quorum is required for all Board decisions.
10    Members of the Board have no liability in any action based
11upon any disciplinary proceeding or other activity performed
12in good faith as a member of the Board.
13    Members of the Board shall be reimbursed for all
14legitimate, necessary, and authorized expenses incurred in
15attending 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
20identification number on license application. In addition to
21any other information required to be contained in the
22application, every application for an original license under
23this Act shall include the applicant's Social Security Number
24or individual taxpayer identification number, which shall be
25retained in the agency's records pertaining to the license. As



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1soon as practical, the Department shall assign a customer's
2identification number to each applicant for a license.
3    Every application for a renewal or restored license shall
4require 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
9examinations of applicants for a license under this Act at the
10times and place as it may designate. The examination shall be
11of a character to give a fair test of the qualifications of the
12applicant to practice occupational therapy.
13    Applications for examination as occupational therapists
14and occupational therapy assistants shall be required to pay,
15either to the Department or the designated testing service, a
16fee covering the cost of providing the examination. Failure to
17appear for the examination on the scheduled date, at the time
18and place specified, after the applicant's application for
19examination has been received and acknowledged by the
20Department or the designated testing service, shall result in
21the forfeiture of the examination fee.
22    If an applicant neglects, fails or refuses to take the
23examination within 90 days after the date the Confirmation of
24Examination and Eligibility to Examine Notice is issued or
25fails to pass an examination for certification under this Act,



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1the application shall be denied. If an applicant fails to pass
2an examination for registration under this Act within 3 years
3after filing the his application, the application shall be
4denied. The applicant may thereafter make a new application
5accompanied by the required fee, however, the applicant shall
6meet all requirements in effect at the time of subsequent
7application before obtaining licensure.
8    The Department may employ consultants for the purposes of
9preparing 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
15    (a) The expiration date and renewal period for each
16certificate issued under this Act shall be set by rule.
17    (b) Any occupational therapist or occupational therapy
18assistant who has permitted the his or her license to expire or
19who has had the his or her license on inactive status may have
20the his or her license restored by making application to the
21Department, by filing proof acceptable to the Department of
22the licensee's his fitness to have the his license restored,
23by paying the required fee, and by showing proof of compliance
24with any continuing education requirements. Proof of fitness
25may include sworn evidence certifying to active practice in



SB2057 Enrolled- 19 -LRB103 25412 AMQ 51759 b

1another jurisdiction.
2    If the occupational therapist or occupational therapy
3assistant has not maintained an active practice in another
4jurisdiction satisfactory to the Department, the Department
5shall determine, by an evaluation program established by rule,
6the licensee's his fitness to resume active status and shall
7establish procedures and requirements for restoration.
8    (c) However, any occupational therapist or occupational
9therapy assistant whose license expired while the licensee he
10was (1) in Federal Service on active duty with the Armed Forces
11of the United States, or the State Militia called into service
12or training, or (2) in training or education under the
13supervision of the United States preliminary to induction into
14the military service, may have the licensee's his or her
15license renewed or restored without paying any lapsed renewal
16fees if within 2 years after honorable termination of such
17service, training or education except under conditions other
18than honorable, the licensee he or she furnishes the
19Department with satisfactory evidence to the effect that the
20licensee he or she has been so engaged and that the licensee's
21his or her service, training, or education has been so
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
2therapist or occupational therapy assistant who notifies the
3Department in writing on forms prescribed by the Department,
4may elect to place the licensee's his license on an inactive
5status and shall, subject to rules of the Department, be
6excused from payment of renewal fees until the licensee he
7notifies the Department in writing of the licensee's his
8desire to resume active status.
9    Any occupational therapist or occupational therapy
10assistant requesting restoration from inactive or expired
11status shall be required to pay the current renewal fee,
12demonstrate compliance with continuing education requirements,
13if any, and shall be required to restore the his license as
14provided in Section 11.
15    Any occupational therapist or occupational therapy
16assistant whose license is in expired or inactive status shall
17not practice occupational therapy in the State or present
18oneself as an occupational therapist or occupational therapy
19assistant 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
24occupational therapist registered under the terms of this Act
25may use the words "occupational therapist" or "licensed



SB2057 Enrolled- 21 -LRB103 25412 AMQ 51759 b

1occupational therapist", or may use the letters "O.T.",
2"OT/L", or "OTR/L", in connection with the licensee's his or
3her name or place of business to denote the licensee's his or
4her licensure under this Act.
5    Any person who is issued a license as an occupational
6therapy assistant under the terms of this Act may use the
7words, "occupational therapy assistant" or "licensed
8occupational therapy assistant", or the licensee he or she may
9use the letters "O.T.A.", "OTA/L", or "COTA/L" in connection
10with the licensee's his or her name or place of business to
11denote 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
16administration and enforcement of this Act, including, but not
17limited to, original certification, renewal, and restoration
18of a license issued under this Act, shall be set by rule. The
19fees shall be non-refundable.
20    Any person who delivers a check or other payment to the
21Department that is returned to the Department unpaid by the
22financial institution upon which it is drawn shall pay to the
23Department, in addition to the amount already owed to the
24Department, a fine of $50. The fines imposed by this Section
25are in addition to any other discipline provided under this



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1Act for unlicensed practice or practice on a nonrenewed
2license. The Department shall notify the person that payment
3of fees and fines shall be paid to the Department by certified
4check or money order within 30 calendar days of the
5notification. If, after the expiration of 30 days from the
6date of the notification, the person has failed to submit the
7necessary remittance, the Department shall automatically
8terminate the license or certificate or deny the application,
9without hearing. If, after termination or denial, the person
10seeks a license or certificate, the person he or she shall
11apply to the Department for restoration or issuance of the
12license or certificate and pay all fees and fines due to the
13Department. The Department may establish a fee for the
14processing of an application for restoration of a license or
15certificate to pay all expenses of processing this
16application. The Secretary may waive the fines due under this
17Section in individual cases where the Secretary finds that the
18fines 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
24revoke, suspend, place on probation, reprimand, or take other
25disciplinary or non-disciplinary action as the Department may



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1deem proper, including imposing fines not to exceed $10,000
2for each violation and the assessment of costs as provided
3under Section 19.3 of this Act, with regard to any license for
4any 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
360 days after the effective date of the order imposing the fine
4or in accordance with the terms set forth in the order imposing
5the fine.
6    (b) The determination by a circuit court that a license
7holder is subject to involuntary admission or judicial
8admission as provided in the Mental Health and Developmental
9Disabilities Code, as now or hereafter amended, operates as an
10automatic suspension. Such suspension will end only upon a
11finding by a court that the patient is no longer subject to
12involuntary admission or judicial admission and an order by
13the court so finding and discharging the patient. In any case
14where a license is suspended under this provision, the
15licensee shall file a petition for restoration and shall
16include evidence acceptable to the Department that the
17licensee can resume practice in compliance with acceptable and
18prevailing standards of their profession.
19    (c) The Department may refuse to issue or may suspend
20without hearing, as provided for in the Code of Civil
21Procedure, the license of any person who fails to file a
22return, to pay the tax, penalty, or interest shown in a filed
23return, or to pay any final assessment of tax, penalty, or
24interest as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied in accordance



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1with subsection (a) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code
3of Illinois.
4    (d) In enforcing this Section, the Department, upon a
5showing of a possible violation, may compel any individual who
6is licensed under this Act or any individual who has applied
7for licensure to submit to a mental or physical examination or
8evaluation, or both, which may include a substance abuse or
9sexual offender evaluation, at the expense of the Department.
10The Department shall specifically designate the examining
11physician licensed to practice medicine in all of its branches
12or, if applicable, the multidisciplinary team involved in
13providing the mental or physical examination and evaluation.
14The multidisciplinary team shall be led by a physician
15licensed to practice medicine in all of its branches and may
16consist of one or more or a combination of physicians licensed
17to practice medicine in all of its branches, licensed
18chiropractic physicians, licensed clinical psychologists,
19licensed clinical social workers, licensed clinical
20professional counselors, and other professional and
21administrative staff. Any examining physician or member of the
22multidisciplinary team may require any person ordered to
23submit to an examination and evaluation pursuant to this
24Section to submit to any additional supplemental testing
25deemed necessary to complete any examination or evaluation
26process, including, but not limited to, blood testing,



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1urinalysis, psychological testing, or neuropsychological
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary
9team to present testimony concerning this examination and
10evaluation of the licensee or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the licensee or applicant and the examining physician
17or any member of the multidisciplinary team. No authorization
18is necessary from the licensee or applicant ordered to undergo
19an evaluation and examination for the examining physician or
20any member of the multidisciplinary team to provide
21information, reports, records, or other documents or to
22provide any testimony regarding the examination and
23evaluation. The individual to be examined may have, at his or
24her own expense, another physician of his or her choice
25present during all aspects of the examination.
26    Failure of any individual to submit to mental or physical



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1examination or evaluation, or both, when directed, shall
2result in an automatic suspension without hearing, until such
3time as the individual submits to the examination. If the
4Department finds a licensee unable to practice because of the
5reasons set forth in this Section, the Department shall
6require the licensee to submit to care, counseling, or
7treatment by physicians approved or designated by the
8Department as a condition for continued, reinstated, or
9renewed licensure.
10    When the Secretary immediately suspends a license under
11this Section, a hearing upon such person's license must be
12convened by the Department within 15 days after the suspension
13and completed without appreciable delay. The Department shall
14have the authority to review the licensee's record of
15treatment and counseling regarding the impairment to the
16extent permitted by applicable federal statutes and
17regulations safeguarding the confidentiality of medical
19    Individuals licensed under this Act that are affected
20under this Section, shall be afforded an opportunity to
21demonstrate to the Department that they can resume practice in
22compliance with acceptable and prevailing standards under the
23provisions of their license.
24    (e) (Blank).
25    (f) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential



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1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency
3to the Department, the Department may refuse to issue or renew
4or may revoke or suspend that person's license or may take
5other disciplinary action against that person based solely
6upon the certification of delinquency made by the Department
7of Healthcare and Family Services in accordance with paragraph
8(5) of subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code
10of 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
15Department may investigate the actions of any applicant or of
16any person or person holding or claiming to hold a license. The
17Department shall, before refusing to issue, renew, or
18discipline a licensee or applicant, at least 30 days prior to
19the date set for the hearing, notify the applicant or licensee
20in writing of the nature of the charges and the time and place
21for a hearing on the charges. The Department shall direct the
22applicant or licensee to file a written answer to the charges
23with the Board under oath within 20 days after the service of
24the notice and inform the applicant or licensee that failure
25to file an answer will result in default being taken against



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1the applicant or licensee. At the time and place fixed in the
2notice, the Department shall proceed to hear the charges and
3the parties or their counsel shall be accorded ample
4opportunity to present any pertinent statements, testimony,
5evidence, and arguments. The Department may continue the
6hearing from time to time. In case the person, after receiving
7the notice, fails to file an answer, his or her license may, in
8the discretion of the Department, be revoked, suspended,
9placed on probationary status, or the Department may take
10whatever disciplinary action considered proper, including
11limiting the scope, nature, or extent of the person's practice
12or the imposition of a fine, without a hearing, if the act or
13acts charged constitute sufficient grounds for that action
14under the Act. The written notice and any notice in the
15subsequent proceeding may be served by personal delivery or by
16registered or certified mail to the licensee's address or
17email address of record.
18    The written notice and any notice in the subsequent
19proceeding may be served electronically to the licensee's
20email address of record, or, if in the course of the
21administrative proceeding the party has previously designated
22a specific email address at which to accept electronic service
23for that specific proceeding, by sending a copy by email to the
24party'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
4hearing the Board shall present to the Secretary a written
5report of its findings of fact, conclusions of law, and
6recommendations. The report shall contain a finding whether or
7not the accused person violated this Act or failed to comply
8with the conditions required in this Act. The Board shall
9specify the nature of the violation or failure to comply, and
10shall make its recommendations to the Secretary. The report of
11findings of fact, conclusions of law and recommendations of
12the Board may be the basis for the Secretary's Department's
13order for refusing to issue, restore, or renew a license or
14otherwise disciplining a licensee. If the Secretary disagrees
15in any regard with the report of the Board he may issue an
16order in contravention thereof. The finding is not admissible
17in evidence against the person in a criminal prosecution
18brought for the violation of this Act, but the hearing and
19findings are not a bar to a criminal prosecution brought for
20the 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
25case involving the refusal to issue or renew, or the taking of



SB2057 Enrolled- 35 -LRB103 25412 AMQ 51759 b

1disciplinary action against, a license, a copy of the Board's
2report shall be served upon the respondent by the Department
3as provided in this Act for the service of the notice of
4hearing. Within 20 days after such service, the respondent may
5present to the Secretary Department a motion in writing for a
6rehearing, which motion shall specify the particular grounds
7therefor. If no motion for rehearing is filed, then upon the
8expiration of the time specified for filing such a motion, or
9if a motion for rehearing is denied, then upon such denial the
10Secretary may enter an order in accordance with
11recommendations of the Board except as provided in Section
1219.6. If the respondent shall order from the reporting
13service, and pays for a transcript of the record within the
14time for filing a motion for rehearing, the 20-day 20 day
15period within which such a motion may be filed shall commence
16upon 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
21shall have the authority to appoint any attorney duly licensed
22to practice law in the State of Illinois to serve as the
23hearing officer in any action involving a refusal to issue or
24renew, or the taking of disciplinary action against a license.
25The hearing officer shall have full authority to conduct the



SB2057 Enrolled- 36 -LRB103 25412 AMQ 51759 b

1hearing. The hearing officer shall report his or her findings
2of fact, conclusions of law and recommendations to the Board
3and the Secretary. The Board shall have 60 days from receipt of
4the report to review the report of the hearing officer and
5present their findings of fact, conclusion of law and
6recommendations to the Secretary. If the Board fails to
7present its report within the 60-day 60 day period, the
8Secretary may issue an order based on the report of the hearing
9officer. If the Secretary disagrees with the report of the
10Board or hearing officer, then the Secretary may issue an
11order 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
16not be required to certify any record to the court or file any
17answer in court or otherwise appear in any court in a judicial
18review proceeding, unless and until the Department has
19received from the plaintiff payment of the costs of furnishing
20and certifying the record, which costs shall be determined by
21the Department. Exhibits shall be certified without cost.
22Failure on the part of the plaintiff to file a receipt in court
23shall 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
4Administrative Procedure Act is hereby expressly adopted and
5incorporated herein as if all of the provisions of that Act
6were included in this Act, except that the provision of
7subsection (d) of Section 10-65 of the Illinois Administrative
8Procedure Act that provides that at hearings the certificate
9holder has the right to show compliance with all lawful
10requirements for retention, continuation or renewal of
11certification is specifically excluded. For the purpose of
12this Act the notice required under Section 10-25 of the
13Illinois Administrative Procedure Act is deemed sufficient
14when mailed or emailed to the last known address of record of a
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
20occupational therapist are exclusive powers and functions of
21the State. A home rule unit may not regulate or license an
22occupational therapist, occupational therapy assistant, or the
23practice of occupational therapy. This Section is a denial and
24limitation of home rule powers and functions under subsection
25(h) of Section 6 of Article VII of the Illinois Constitution.



SB2057 Enrolled- 38 -LRB103 25412 AMQ 51759 b

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
4is amended by repealing Section 17.
5    Section 99. Effective date. This Section and Section 5
6take effect upon becoming law.



SB2057 Enrolled- 39 -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.