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90_HB3382
New Act
5 ILCS 80/4.19 new
Creates the Orthotics, Prosthetics, and Pedorthics
Practice Act. Provides for the licensure of orthotists,
pedorthists, and prosthetists. Amends the Regulatory Agency
Sunset Act to repeal the Orthotics, Prosthetics, and
Pedorthics Practice Act on January 1, 2009. Effective
January 1, 1999.
LRB9010628LDdv
LRB9010628LDdv
1 AN ACT to create the Orthotics, Prosthetics, and
2 Pedorthics Practice Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Orthotics, Prosthetics, and Pedorthics Practice Act.
7 Section 5. Declaration of public policy. The practice
8 of orthotics and prosthetics in the State of Illinois is an
9 allied health profession recognized by the American Medical
10 Association, with educational standards established by the
11 Commission on Accreditation of Allied Health Education
12 Programs. The practice of pedorthics in the State of
13 Illinois is an allied health profession recognized by the
14 American Academy of Orthopaedic Surgeons, with educational
15 standards established by the Board for Certification in
16 Pedorthics. The increasing population of elderly and
17 physically challenged individuals who need orthotic,
18 prosthetic, and pedorthic services requires that the
19 orthotic, prosthetic, and pedorthic professions be regulated
20 to ensure the provision of high-quality services and devices.
21 The people of Illinois deserve the best care available, and
22 will benefit from the assurance of initial and ongoing
23 professional competence of the orthotists, prosthetists, and
24 pedorthists practicing in this State. The practice of
25 orthotics, prosthetics, and pedorthics serves to improve and
26 enhance the lives of individuals with disabilities by
27 enabling them to resume productive lives following serious
28 illness, injury, or trauma. Unregulated dispensing of
29 orthotic, prosthetic, and pedorthic care does not adequately
30 meet the needs or serve the interests of the public. In
31 keeping with State requirements imposed on similar health
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1 disciplines, licensure of the orthotic, prosthetic, and
2 pedorthic professions will help ensure the health and safety
3 of consumers, as well as maximize their functional abilities
4 and productivity levels. This Act shall be liberally
5 construed to best carry out these subjects and purposes.
6 Section 10. Definitions. As used in this Act:
7 "Assistant" means a person who assists an orthotist,
8 prosthetist, or prosthetist/orthotist with patient care
9 services and fabrication of orthoses or prostheses under the
10 supervision of a licensed orthotist or prosthetist.
11 "Board" means the Board of Orthotics, Prosthetics, and
12 Pedorthics.
13 "Custom" means that an orthosis, prosthesis, or pedorthic
14 device is designed, fabricated, and aligned specifically for
15 one person in accordance with sound biomechanical principles.
16 "Custom fitted" means that a prefabricated orthosis,
17 prosthesis, or pedorthic device is modified and aligned
18 specifically for one person in accordance with sound
19 biomechanical principles.
20 "Department" means the Department of Professional
21 Regulation.
22 "Director" means the Director of Professional Regulation.
23 "Facility" means the business location where orthotic,
24 prosthetic, or pedorthic care is provided and, in the case of
25 an orthotic/prosthetic facility, has the appropriate clinical
26 and laboratory space and equipment to provide comprehensive
27 orthotic or prosthetic care and, in the case of a pedorthic
28 facility, has the appropriate clinical space and equipment to
29 provide pedorthic care. Licensed orthotists, prosthetists,
30 and pedorthists must be available to either provide care or
31 supervise the provision of care by registered staff.
32 "Licensed orthotist" means a person licensed under this
33 Act to practice orthotics and who represents himself or
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1 herself to the public by title or description of services
2 that includes the term "orthotic", "orthotist", "brace", or a
3 similar title or description of services.
4 "Licensed pedorthist" means a person licensed under this
5 Act to practice pedorthics and who represents himself or
6 herself to the public by the title or description of services
7 that include the term "pedorthic", "pedorthist", or a similar
8 title or description of services.
9 "Licensed physician" means a person licensed under the
10 Medical Practice Act of 1987 or a person licensed under the
11 Podiatric Medical Practice Act of 1987.
12 "Licensed prosthetist" means a person licensed under this
13 Act to practice prosthetics and who represents himself or
14 herself to the public by title or description of services
15 that includes the term "prosthetic", "prosthetist",
16 "artificial limb", or a similar title or description of
17 services.
18 "Orthosis" means a custom-fabricated or custom-fitted
19 brace or support designed to provide for alignment,
20 correction, or prevention of neuromuscular or musculoskeletal
21 dysfunction, disease, injury, or deformity. "Orthosis" does
22 not include fabric or elastic supports, corsets, arch
23 supports, low-temperature plastic splints, trusses, elastic
24 hoses, canes, crutches, soft cervical collars, dental
25 appliances, or other similar devices carried in stock and
26 sold as "over-the-counter" items by a drug store, department
27 store, corset shop, or surgical supply facility.
28 "Orthotic and Prosthetic Education Program" means a
29 course of instruction accredited by the Commission on
30 Accreditation of Allied Health Education Programs, consisting
31 of (i) a basic curriculum of college level instruction in
32 math, physics, biology, chemistry, and psychology and (ii) a
33 specific curriculum in orthotic or prosthetic courses,
34 including: (A) lectures covering pertinent anatomy,
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1 biomechanics, pathomechanics, prosthetic-orthotic components
2 and materials, training and functional capabilities,
3 prosthetic or orthotic performance evaluation, prescription
4 considerations, etiology of amputations and disease processes
5 necessitating prosthetic or orthotic use, and medical
6 management; (B) subject matter related to pediatric and
7 geriatric problems; (C) instruction in acute care
8 techniques, such as immediate and early post-surgical
9 prosthetics, fracture bracing, and halo cast techniques; and
10 (D) lectures, demonstrations, and laboratory experiences
11 related to the entire process of measuring, casting, fitting,
12 fabricating, aligning, and completing prostheses or orthoses.
13 "Orthotic and prosthetic scope of practice" means a list
14 of tasks, with relative weight given to such factors as
15 importance, criticality, and frequency, based on
16 internationally accepted standards of orthotic and prosthetic
17 care as outlined by the International Society of Prosthetics
18 and Orthotics' professional profile for Category I and
19 Category III orthotic and prosthetic personnel.
20 "Orthotics" means the science and practice of evaluating,
21 measuring, designing, fabricating, assembling, fitting,
22 adjusting, or servicing an orthosis under an order from a
23 licensed physician, chiropractor, or podiatrist for the
24 correction or alleviation of neuromuscular or musculoskeletal
25 dysfunction, disease, injury, or deformity.
26 "Orthotist" means a person who measures, designs,
27 fabricates, fits, or services orthoses and assists in the
28 formulation of the prescription of orthoses as prescribed by
29 a licensed physician for the support or correction of
30 disabilities caused by neuro-musculoskeletal diseases,
31 injuries, or deformities.
32 "Over-the-counter" means a prefabricated, mass produced
33 device that is prepackaged and requires no professional
34 advice or judgement in either size selection or use,
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1 including fabric or elastic supports, corsets, generic arch
2 supports, elastic hoses.
3 "Pedorthic device" means therapeutic footwear, foot
4 orthoses for use at the ankle or below, and modified footwear
5 made for therapeutic purposes. "Pedorthic device" does not
6 include non-therapeutic accommodative inlays or
7 non-therapeutic accommodative footwear, regardless of method
8 of manufacture, shoe modifications made for non-therapeutic
9 purposes, unmodified, over-the-counter shoes, or
10 prefabricated foot care products.
11 "Pedorthic education program" means a course of
12 instruction accredited by the Board for Certification in
13 Pedothics consisting of (i) a basic curriculum of instruction
14 in foot related pathology of diseases, anatomy, and
15 biomechanics and (ii) a specific curriculum in pedorthic
16 courses, including, lectures covering shoes, foot orthoses,
17 and shoe modifications, pedorthic components and materials,
18 training and functional capabilities, pedorthic performance
19 evaluation, prescription considerations, etiology of disease
20 processes necessitating use of pedorthic devices, medical
21 management, subject matter related to pediatric and geriatric
22 problems, and lectures demonstrations, and laboratory
23 experiences related to the entire process of measuring and
24 casting, fitting, fabricating, aligning, and completing
25 pedorthic devices.
26 "Pedorthic scope of practice" means a list of tasks with
27 relative weight given to such factors as importance,
28 criticality, and frequency based on nationally accepted
29 standards of pedorthic care as outlined by the Board for
30 Certification in Pedorthics' comprehensive analysis with an
31 empirical validation study of the profession performed by an
32 independent testing company.
33 "Pedorthics" means the science and practice of
34 evaluating, measuring, designing, fabricating, assembling,
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1 fitting, adjusting, or servicing a pedorthic device under an
2 order from a licensed physician, chiropractor or podiatrist
3 for the correction or alleviation of neuromuscular or
4 musculoskeletal dysfunction, disease, injury, or deformity.
5 "Pedorthist" means a person who measures, designs,
6 fabricates, fits, or services pedorthic devices and assists
7 in the formulation of the prescription of pedorthic devices
8 as prescribed by a licensed physician for the support or
9 correction of disabilities caused by neuro-musculoskeletal
10 diseases, injuries, or deformities.
11 "Person" means a natural person.
12 "Prosthesis" means an artificial medical device that is
13 not surgically implanted and that is used to replace a
14 missing limb, appendage, or any other external human body
15 part including an artificial limb, hand, or foot.
16 "Prosthesis" does not include artificial eyes, ears, fingers,
17 or toes, dental appliances, cosmetic devices such as
18 artificial breasts, eyelashes, or wigs, or other devices that
19 do not have a significant impact on the musculoskeletal
20 functions of the body.
21 "Prosthetics" means the science and practice of
22 evaluating, measuring, designing, fabricating, assembling,
23 fitting, adjusting, or servicing a prosthesis under an order
24 from a licensed physician.
25 "Prosthetist" means a person who measures, designs,
26 fabricates, fits, or services prostheses and assists in the
27 formulation of the prescription of prostheses as prescribed
28 by a licensed physician for the replacement of external parts
29 of the human body lost due to amputation or congenital
30 deformities or absences.
31 "Prosthetist/orthotist" means a person who practices both
32 disciplines of prosthetics and orthotics and who represents
33 himself or herself to the public by title or by description
34 of services.
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1 "Registered prosthetist/orthotist assistant" means a
2 person registered under this Act who assists a licensed
3 orthotist or prosthetist with patient care services and the
4 fabrication of orthoses or prostheses.
5 "Registered pedorthic technician" means a person
6 registered under this Act who assists a pedorthist with
7 fabrication of pedorthic devices.
8 "Registered prosthetic/orthotic technician" means a
9 person registered under this Act who assists an orthotist or
10 prosthetist with fabrication of orthoses or prostheses.
11 "Resident" means a person who has completed an education
12 program in either orthotics or prosthetics and is continuing
13 his or her clinical education in a residency accredited by
14 the National Commission on Orthotic and Prosthetic Education
15 "Technician" means a person who assists an orthotist,
16 prosthetist, prosthetist/orthotist, or pedorthist with
17 fabrication of orthoses, prostheses, or pedorthic devices but
18 does not provide direct patient care.
19 Section 15. Exceptions. This Act shall not be construed
20 to prohibit:
21 (1) a physician licensed in this State to practice
22 medicine in all its branches from engaging in the practice
23 for which he or she is licensed;
24 (2) a person licensed in this State under any other Act
25 from engaging in the practice for which he or she is
26 licensed;
27 (3) the practice of orthotics, prosthetics, or pedorthics
28 by a person who is employed by the federal government or any
29 bureau, division, or agency of the federal government while
30 in the discharge of the employee's official duties;
31 (4) the practice of orthotics, prosthetics, or pedorthics
32 by (i) a student enrolled in a school of orthotics,
33 prosthetics, or pedorthics, (ii) a resident continuing his or
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1 her clinical education in a residency accredited by the
2 National Commission on Orthotic and Prosthetic Education, or
3 (iii) a student in a qualified work experience program or
4 internship in pedorthics;
5 (5) the practice of orthotics, prosthetics, or pedorthics
6 by one who is an orthotist, prosthetist, or pedorthist
7 licensed under the laws of another state or territory of the
8 United States or another country and has applied in writing
9 to the Department, in a form and substance satisfactory to
10 the Department, for a license as orthotist, prosthetist, or
11 pedorthist and who is qualified to receive the license under
12 Section 40 until (i) the expiration of 6 months after the
13 filing of the written application, (ii) the withdrawal of the
14 application, or (iii) the denial of the application by the
15 Department; or
16 (6) a person licensed by this State as a physical
17 therapist or occupational therapist from engaging in the
18 practice of his or her profession or applying temporary or
19 low-temperature orthotic devices.
20 Section 20. Powers and duties of the Department.
21 (a) The Department shall exercise the powers and duties
22 prescribed by the Civil Administrative Code of Illinois for
23 the administration of licensure Acts and shall exercise other
24 powers and duties necessary for effectuating the purposes of
25 this Act.
26 (b) The Department may adopt rules to administer and
27 enforce this Act including, but not limited to, fees for
28 original licensure and renewal and restoration of licenses
29 and may prescribe forms to be issued to implement its rules.
30 The Department shall exercise the powers and duties
31 prescribed by this Act. At a minimum, the rules adopted by
32 the Department shall include standards and criteria for
33 licensure and for professional conduct and discipline. The
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1 Department shall consult with the Board in adopting rules.
2 Notice of proposed rulemaking shall be transmitted to the
3 Board, and the Department shall review the Board's response
4 and any recommendations made in writing with proper
5 explanation of deviations from the Board's recommendations
6 and response.
7 (c) The Department at any time may seek the expert advice
8 and knowledge of the Board on any matter relating to the
9 enforcement of this Act.
10 (d) The Department shall issue a quarterly report to the
11 Board of the status of all complaints related to the
12 profession and filed with the Department.
13 (e) Department may adopt rules as necessary to establish
14 eligibility for facility registration and standards.
15 Section 25. Board of Orthotics, Prosthetics, and
16 Pedorthics.
17 (a) There is established a Board of Orthotics,
18 Prosthetics, and Pedorthics, which shall consist of 7 voting
19 members to be appointed by the Governor. Four members shall
20 be practicing licensed orthotists, licensed prosthetists, or
21 licensed pedorthists. These members may be licensed in more
22 than one discipline and their appointments must equally
23 represent all 3 disciplines. One member shall be a member of
24 the public who is a consumer of orthotic, prosthetic, or
25 pedorthic professional services. One member shall be a
26 public member who is not licensed under this Act or a
27 consumer of services licensed under this Act. One member
28 shall be licensed by the State as a doctor of medicine or
29 osteopathy specializing in orthopedic surgery or a doctor of
30 podiatry.
31 (b) Each member of the Board shall serve a term of 3
32 years, except that of the initial appointments to the Board,
33 2 members shall be appointed for one year, 2 members shall be
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1 appointed for 2 years, and 3 members shall be appointed for 3
2 years. Each member shall hold office and execute his or her
3 Board responsibilities until the qualification and
4 appointment of his or her successor. No member of the Board
5 shall serve more than 8 consecutive years or 2 full terms,
6 whichever is greater.
7 (c) Members of the Board shall receive as compensation a
8 reasonable sum as determined by the Director for each day
9 actually engaged in the duties of the office and shall be
10 reimbursed for reasonable expenses incurred in performing the
11 duties of the office.
12 (d) A quorum of the Board shall consist of a majority of
13 Board members currently appointed.
14 (e) The Governor may terminate the appointment of any
15 member for cause which, in the opinion of the Governor
16 reasonably justifies termination, which may include, but is
17 not limited to, a Board member who does not attend 2
18 consecutive meetings.
19 (f) Membership of the Board should reasonably reflect
20 representation from the geographic areas in this State.
21 Section 30. Board; immunity; chairperson.
22 (a) Members of the Board shall be immune from suit in any
23 action based upon any disciplinary proceeding or other
24 activities preformed in good faith as members of the Board.
25 (b) The Board shall annually elect a chairperson and vice
26 chairperson who shall be licensed under this Act.
27 Section 35. Application for original or temporary
28 license. An application for an original or temporary license
29 shall be made to the Department in writing on a form
30 prescribed by the Department and shall be accompanied by the
31 required fee, which shall not be refundable. An application
32 shall require information that in the judgement of the
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1 Department will enable the Department to pass on the
2 qualifications of the applicant for a license.
3 Section 40. Qualifications for licensure as orthotist,
4 prosthetist, or pedorthist.
5 (a) To qualify for a license to practice orthotics or
6 prosthetics, a person shall:
7 (1) possess a baccalaureate degree from a college or
8 university;
9 (2) have completed the amount of formal training,
10 including, but not limited to, any hours of classroom
11 education and clinical practice established by the
12 Commission on Accreditation of Allied Health Education
13 Programs for an Orthotic and Prosthetic Education
14 Program;
15 (3) complete a clinical residency in the
16 professional area for which a license is sought in
17 accordance with standards, guidelines, or procedures for
18 residencies inside or outside this State established by
19 the National Commission on Orthotic Prosthetic Education
20 or by the Board. The majority of training must be devoted
21 to services performed under the supervision of a licensed
22 practitioner of orthotics or prosthetics or a person
23 certified as a Certified Orthotist (CO), Certified
24 Prosthetist (CP), or Certified Prosthetist Orthotist
25 (CPO) whose certification was obtained before the
26 effective date of this Act;
27 (4) pass all written, practical, and oral
28 examinations that are required and approved by the
29 American Board for Certification in Prosthetics and
30 Orthotics, Incorporated, or hold similar certifications
31 from other accrediting bodies with equivalent educational
32 requirements and examination standards in orthotics and
33 prosthetics; or
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1 (5) be qualified to practice in accordance with
2 internationally accepted standards of orthotic and
3 prosthetic care as outlined by the International Society
4 of Prosthetics and Orthotics' professional profile for
5 Category I orthotic and prosthetic personnel.
6 (b) To qualify for a license to practice pedorthics, a
7 person shall:
8 (1) possess a high school diploma or its equivalent;
9 (2) have completed the amount of formal training,
10 including, but not limited to, any hours of classroom
11 education and clinical practice established by the Board
12 for Certification in Pedorthics for a Pedorthic Education
13 Program;
14 (3) complete a qualified work experience program or
15 internship in pedorthics in accordance with any
16 standards, guidelines, or procedures established by the
17 Board for Certification in Pedorthics;
18 (4) pass all examinations that are required and
19 approved by the Board for Certification in Pedorthics, or
20 hold similar certifications from other accrediting bodies
21 with equivalent educational requirements and examination
22 standards in pedorthics; and
23 (5) be qualified to practice in accordance with
24 nationally accepted standards of pedorthic care as
25 outlined by the Board for Certification in Pedorthics.
26 (c) The standards and requirements for licensure
27 established by the Department shall be substantially equal to
28 or in excess of standards commonly accepted in the profession
29 of orthotics, prosthetics, or pedorthics. The Department
30 shall adopt rules as necessary to set the standards and
31 requirements.
32 (d) A person may be licensed in more than one discipline.
33 Section 45. Examination requirement.
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1 (a) The Department may authorize examinations of
2 applicants as orthotists, prosthetists, or pedorthists at
3 times and places as it may determine. The examination of
4 applicants shall be of a character to fairly test the
5 qualifications of the applicant to practice orthotics,
6 prosthetics, or pedorthics.
7 (b) Applicants for examination as orthotists,
8 prosthetists, and pedorthists shall be required to pay,
9 either to the Department or the designated testing service, a
10 fee covering the cost of providing the examination. Failure
11 to appear for the examination on the scheduled date at the
12 time and place specified after the applicant's application
13 for examination has been received and acknowledged by the
14 Department or the designated testing service shall result in
15 the forfeiture of the examination fee.
16 (c) If an applicant neglects, fails, or refuses to take
17 an examination or fails to pass an examination for a license
18 under this Act within 3 years after filing his or her
19 application, the application shall be denied. All fees are
20 nonrefundable. The applicant may make a new application for
21 examination accompanied by the required fee and must furnish
22 proof of meeting qualifications for licensure in effect at
23 the time of new application.
24 (d) The Department shall set by rule the maximum number
25 of attempts that an applicant may make to pass the
26 examination within a specified period of time. The
27 Department shall also determine any further training required
28 before a reexamination.
29 (e) The Department may employ consultants for the purpose
30 of preparing and conducting examinations. An applicant for
31 an examination as an orthotist, a prosthetist, or pedorthist
32 shall be required to pay, either to the Department or to the
33 designated testing service, a fee covering the cost of
34 providing the examination.
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1 Section 50. Qualifications for registration as an
2 assistant or technician. The Department shall adopt rules as
3 necessary to set standards and requirements for registration
4 to practice orthotics and prosthetics as an assistant or
5 orthotics, prosthetics, and pedorthics as a technician. The
6 Department may authorize examinations of applicants as an
7 orthotic or prosthetic assistant or an orthotic, prosthetic,
8 or pedorthic technician at times and places as it may
9 determine. The examination of applicants shall be of a
10 character to fairly test the qualifications of the applicant
11 to practice orthotics, prosthetics or pedorthics.
12 Section 55. Implementation of Act.
13 (a) Within 6 months after the effective date of this Act,
14 a person practicing orthotics, prosthetics, or pedorthics or
15 representing himself or herself as a practitioner of
16 orthotics, prosthetics, or pedorthics shall register with the
17 Department on forms provided by the Department and shall pay
18 the appropriate registration fee.
19 (b) From one year after the effective date of this Act
20 until January 1, 2001, no person shall engage in the practice
21 of orthotics, prosthetics, or pedorthics without a license or
22 certificate of registration.
23 (c) Until January 1, 2000, a person certified as a
24 Certified Orthotist (CO), Certified Prosthetist (CP), or
25 Certified Prosthetist Orthotist (CPO) by the American Board
26 for Certification in Prosthetics and Orthotics, Incorporated,
27 or holding similar certifications from other accrediting
28 bodies with equivalent educational requirements and
29 examination standards may apply for and shall be granted
30 orthotic or prosthetic licensure under this Act upon payment
31 of the required fee. After that date, any applicant for
32 licensure as an orthotist or a prosthetist shall meet the
33 requirements of subsection (a) of Section 40 of this Act.
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1 (d) Until January 1, 2000, a person certified as a
2 Certified Pedorthist (CPed) by the Board for Certification in
3 Pedorthics, Incorporated or a person certified as a Certified
4 Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by
5 the American Board for Certification in Prosthetics and
6 Orthotics, Incorporated, or holding similar certifications
7 from other accrediting bodies with equivalent educational
8 requirements and examination standards may apply for and
9 shall be granted pedorthic licensure under this Act upon
10 payment of the required fee. After that date, any applicant
11 for licensure as a pedorthist shall meet the requirements of
12 subsection (b) of Section 40 of this Act.
13 (e) A person who does not qualify for licensure under
14 Section 40 or subsection (c) or (d) of this Section shall not
15 practice orthotics, prosthetics, or pedorthics without a
16 certificate of registration. Until June 30, 1999, the
17 Department shall issue a nonrenewable certificate of
18 registration to an applicant upon payment of a $500 fee. The
19 certificate of registration shall automatically expire on
20 December 31, 2000. A registrant issued a certificate under
21 this subsection (e) shall be subject to the disciplinary
22 provisions of this Act in the same manner as a licensee.
23 (f) On and after December 31, 2000, no person shall
24 practice orthotics, prosthetics, or pedorthics in this State
25 or hold himself or herself out as being able to practice
26 either profession, unless he or she is licensed in accordance
27 with Section 40 of this Act.
28 (g) Notwithstanding any other provision of this Section,
29 a person who has practiced full time for the past 7 years in
30 a prosthetic/orthotic facility as an orthotist, prosthetist,
31 prosthetist/orthotist, assistant, or technician or in a
32 pedorthic facility as a pedorthist or pedorthic technician on
33 the effective date of this Act may file an application with
34 the Board within 60 days after the effective date of this Act
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1 in order to continue to practice orthotics, prosthetics, or
2 pedorthics at his or her identified level of practice. The
3 applicant shall be issued a license or certificate of
4 registration to practice orthotics, prosthetics, or
5 pedorthics under the provisions of this Act without
6 examination upon receipt by the Department of payment of the
7 licensing or registration fee required under Section 70 of
8 this Act and after the Board has completed an investigation
9 of the applicant's work history. The Board shall complete
10 its investigation for the purposes of this Section within 6
11 months of the date of the application. The investigation may
12 include, but is not limited to, completion by the applicant
13 of a questionnaire regarding the applicant's work history and
14 scope of practice.
15 Section 60. Renewal; restoration; military service.
16 (a) The expiration date and renewal period for each
17 license issued under this Act shall be set by rule of the
18 Department. The Board shall establish continuing education
19 requirements for the renewal of a license. These
20 requirements shall be based on established standards of
21 competence.
22 (b) A person who has permitted his or her license to
23 expire or who has had his or her license on inactive status
24 may have his or her license restored by (i) making
25 application to the Department, (ii) filing proof acceptable
26 to the Department of his or her fitness to have his or her
27 license restored including, but not limited to, sworn
28 evidence certifying to active practice in another
29 jurisdiction satisfactory to the Department, and (iii) paying
30 the required restoration fee. If the person has not
31 maintained an active practice in another jurisdiction
32 satisfactory to the Department, the Board shall determine, by
33 an evaluation program established by rule, his or her fitness
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1 to resume active status and may require the person to
2 complete a period of evaluated clinical experience and may
3 require successful completion of an examination.
4 (c) A person whose license expired while he or she was
5 (i) in federal service on active duty within the armed forces
6 of the United States or with the State militia called into
7 service or training or (ii) in training or education under
8 the supervision of the United States preliminary to induction
9 into military service may have his or her license renewed or
10 restored without paying a lapsed renewal fee if, within 2
11 years after termination from the service, training, or
12 education except under conditions other than honorable, he or
13 she furnished the Department with satisfactory evidence that
14 he or she has been so engaged and that his or her service,
15 training, or education has been terminated.
16 Section 65. Elective inactive status. A person who
17 notifies the Department in writing on forms prescribed by the
18 Department may elect to place his or her license on an
19 inactive status and shall, subject to rules of the
20 Department, be excused from payment of renewal fees until he
21 or she notifies the Department in writing of his or her
22 desire to resume active status.
23 A person requesting restoration from inactive status
24 shall be required to pay the current renewal fee and shall be
25 required to restore his or her license as provided in Section
26 60 of this Act.
27 An orthotist, prosthetist, or pedorthist whose license is
28 on inactive status shall not practice orthotics, prosthetics,
29 or pedorthics in this State.
30 Section 70. Endorsement; temporary license.
31 (a) The Department may, at its discretion, license as
32 either an orthotist, prosthetist, or pedorthist, without
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1 examination and on payment of the required fee, an applicant
2 who is an orthotist, prosthetist, or pedorthist who is (i)
3 licensed under the laws of another state, territory, or
4 country, if the requirements for licensure in that state,
5 territory, or country in which the applicant was licensed
6 were, at the date of his or her licensure, substantially
7 equal to the requirements in force in this State on that date
8 or (ii) certified by a national certification organization
9 with educational and testing standards equal to or more
10 stringent than the licensing requirements of this State.
11 (b) The Board may issue a temporary license to a person
12 who:
13 (1) has become a resident of this State within the
14 last 6 months or who has moved to this State with the
15 intent to fulfill residency requirements;
16 (2) has applied for a license as an orthotist,
17 prosthetist, or pedorthist; and
18 (3) has been licensed by a state of former residence
19 that has licensing requirements equal to or more
20 stringent than the requirements of this Act.
21 A temporary license shall be valid for one year from the
22 date of issuance and may be renewed upon presentation of
23 good cause to the Board for up to one additional year.
24 Section 75. Fees.
25 (a) The Department shall provide by rule for a schedule
26 of fees to be paid for licenses by all applicants. All fees
27 are not refundable.
28 (b) The fees for the administration and enforcement of
29 this Act including, but not limited to, original licensure,
30 renewal, and restoration shall be set by rule by the
31 Department.
32 (c) All fees and fines collected under this Act shall be
33 deposited into the General Professions Dedicated Fund.
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1 Section 80. Roster of licensees and registrants. The
2 Department shall maintain a current roster of the names and
3 addresses of all licensees, registrants, and all persons
4 whose licenses have been suspended or revoked within the
5 previous year. This roster shall be available upon written
6 request and payment of the required fee.
7 Section 85. Practice by corporations. Nothing in this
8 Act shall restrict licensees from forming professional
9 service corporations under the provisions of the Professional
10 Service Corporation Act.
11 Section 90. Grounds for discipline.
12 (a) The Department may refuse to issue or renew a
13 license, may revoke or suspend a license, or may suspend,
14 place on probation, censure, or reprimand a licensee for one
15 or any combination of the following:
16 (1) Making a material misstatement in furnishing
17 information to the Department or the Board.
18 (2) Violations of or negligent or intentional
19 disregard of this Act or its rules.
20 (3) Conviction of any crime that under the laws of
21 the United States or of a state or territory of the
22 United States is a felony or a misdemeanor, an essential
23 element of which is dishonesty, or of a crime that is
24 directly related to the practice of the profession.
25 (4) Making a misrepresentation for the purpose of
26 obtaining a license.
27 (5) Professional incompetence.
28 (6) Malpractice.
29 (7) Aiding or assisting another person in violating
30 a provision of this Act or its rules.
31 (8) Failing to provide information within 60 days in
32 response to a written request made by the Department.
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1 (9) Engaging in dishonorable, unethical, or
2 unprofessional conduct or conduct of a character likely
3 to deceive, defraud, or harm the public.
4 (10) Habitual intoxication or addiction to the use
5 of drugs.
6 (11) Discipline by another state or territory of the
7 United States, the federal government, or foreign nation,
8 if at least one of the grounds for the discipline is the
9 same or substantially equivalent to one set forth in this
10 Section.
11 (12) Directly or indirectly giving to or receiving
12 from a person, firm, corporation, partnership, or
13 association a fee, commission, rebate, or other form of
14 compensation for professional services not actually or
15 personally rendered.
16 (13) A finding by the Board that the licensee or
17 registrant, after having his or her license placed on
18 probationary status, has violated the terms of probation.
19 (14) Abandonment of a patient or client.
20 (15) Wilfully making or filing false records or
21 reports in his or her practice including, but not limited
22 to, false records filed with State agencies or
23 departments.
24 (16) Wilfully failing to report an instance of
25 suspected child abuse or neglect as required by the
26 Abused and Neglected Child Reporting Act.
27 (17) Physical illness including, but not limited to,
28 deterioration through the aging process or loss of motor
29 skill that results in the inability to practice the
30 profession with reasonable judgement, skill, or safety.
31 (18) Solicitation of professional services using
32 false or misleading advertising.
33 (b) The determination by a circuit court that a licensee
34 or registrant is subject to involuntary admission or judicial
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1 admission, as provided in the Mental Health and Developmental
2 Disabilities Code, operates as an automatic suspension. The
3 suspension will end only upon (i) a finding by a court that
4 the patient is no longer subject to involuntary admission or
5 judicial admission and the issuance of a court order so
6 finding and discharging the patient and (ii) the
7 recommendation of the Board to the Director that the licensee
8 or registrant be allowed to resume his or her practice.
9 Section 95. Injunction; cease and desist order.
10 (a) If any person violates a provision of this Act, the
11 Director may, in the name of the People of the State of
12 Illinois and through the Attorney General of the State of
13 Illinois, petition for an order enjoining the violation or
14 for an order enforcing compliance with this Act. Upon the
15 filing of a verified petition in court, the court may issue a
16 temporary restraining order, without notice or bond, and may
17 preliminarily and permanently enjoin the violation. If it is
18 established that the person has violated or is violating the
19 injunction, the court may punish the offender for contempt of
20 court. Proceedings under this Section shall be in addition
21 to, and not in lieu of, all other remedies and penalties
22 provided by this Act.
23 (b) If a person practices as an orthotist, prosthetist,
24 or pedorthist or holds himself or herself out as an
25 orthotist, prosthetist, or pedorthist without being licensed
26 or registered under the provisions of this Act, then any
27 other licensed or registered orthotist, prosthetist, or
28 pedorthist, any interested party, or any person injured by
29 the person may, in addition to the Director, petition for
30 relief as provided in subsection (a) of this Section.
31 (c) Whenever in the opinion of the Department a person
32 violates a provision of this Act, the Department may issue a
33 rule to show cause why an order to cease and desist should
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1 not be entered against him or her. The rule shall clearly
2 set forth the grounds relied upon by the Department and shall
3 provide a period of 7 days from the date of the rule to file
4 an answer to the satisfaction of the Department. Failure to
5 answer to the satisfaction of the Department shall cause an
6 order to cease and desist to be issued immediately.
7 Section 100. Investigations; notice and hearing. The
8 Department may investigate the actions of an applicant or of
9 a person or persons holding or claiming to hold a license.
10 Before refusing to issue or renew a license, the Department
11 shall, at least 10 days prior to the date set for the
12 hearing, notify in writing the applicant for or holder of a
13 license of the nature of the charges and that a hearing will
14 be held on the date designated. The written notice may be
15 served by personal delivery or by certified or registered
16 mail to the respondent at the address disclosed on his or her
17 last notification to the Department. At the time and place
18 fixed in the notice, the Board shall proceed to hear the
19 charges. The parties or their counsel shall be afforded
20 ample opportunity to present statements, testimony, evidence,
21 and argument that may be pertinent to the charges or to the
22 defense to the charges. The Board may continue the hearing
23 from time to time.
24 Section 105. Transcript. The Department, at its own
25 expense, shall preserve a record of all proceedings at the
26 formal hearing of a case involving the refusal to issue or
27 renew a license. The notice of hearing, complaint, and all
28 other documents in the nature of pleadings and written
29 motions filed in the proceedings, the transcript of
30 testimony, the report of the Board, and orders of the
31 Department shall be in the record of the proceeding.
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1 Section 110. Compelling testimony. A circuit court may,
2 upon application of the Director or his or her designee or
3 the applicant or licensee against whom proceedings under
4 Section 100 of this Act are pending, enter an order requiring
5 the attendance of witnesses and their testimony and requiring
6 the production of documents, papers, files, books, and
7 records in connection with a hearing or investigation. The
8 court may compel obedience to its order through contempt
9 proceedings.
10 Section 115. Board findings and recommendations. At the
11 conclusion of a hearing, the Board shall present to the
12 Director a written report of its findings and
13 recommendations. The report shall contain a finding of
14 whether or not the accused person violated this Act or failed
15 to comply with the conditions required in this Act. The
16 Board shall specify the nature of the violation or failure to
17 comply and shall make its recommendations to the Director.
18 The report of findings and recommendations of the Board shall
19 be the basis for the Department's order for the refusal or
20 for the granting of a license, unless the Director determines
21 that the Board report is contrary to the manifest weight of
22 the evidence, in which case the Director may issue an order
23 in contravention to the Board report. A Board finding is not
24 admissible in evidence against the person in a criminal
25 prosecution brought for a violation of this Act, but the
26 hearing and finding are not a bar to a criminal prosecution
27 brought for a violation of this Act.
28 Section 120. Motion for rehearing. In any case
29 involving the refusal to issue or renew a license or the
30 discipline of a licensee, a copy of the Board's report shall
31 be served upon the respondent by the Department, either
32 personally or as provided in this Act for the service of the
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1 notice of hearing. Within 20 days after service, the
2 respondent may present to the Department a motion in writing
3 for a rehearing, which shall specify the particular grounds
4 for rehearing. If no motion for rehearing is filed, then
5 upon the expiration of the time specified for filing the
6 motion, or if a motion for rehearing is denied, upon the
7 denial, the Director may enter an order in accordance with
8 recommendations of the Board, except as provided in Section
9 115 of this Act. If the respondent orders from the reporting
10 service and pays for a transcript of the record within the
11 time for filing a motion for rehearing, the 20-day period
12 within which the motion may be filed shall commence upon the
13 delivery of the transcript to the respondent.
14 Section 125. Rehearing on order of Director. Whenever
15 the Director is not satisfied that substantial justice has
16 been done in the revocation, suspension, or refusal to issue
17 or renew a license the Director may order a rehearing by the
18 same or other examiners.
19 Section 130. Appointment of hearing officer. The
20 Director shall have the authority to appoint an attorney
21 licensed to practice law in the State of Illinois to serve as
22 a hearing officer in an action for refusal to issue or renew
23 a license or to discipline a licensee. The hearing officer
24 shall have full authority to conduct the hearing. The
25 hearing officer shall report his or her findings and
26 recommendations to the Board and the Director. The Board
27 shall have 60 days from receipt of the report to review the
28 report of the hearing officer and present its findings of
29 fact, conclusions of law, and recommendations to the
30 Director. If the Board fails to present its report within
31 the 60-day period, the Director shall issue an order based on
32 the report of the hearing officer. If the Director
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1 determines that the Board's report is contrary to the
2 manifest weight of the evidence, he or she may issue an order
3 in contravention of the Board's report.
4 Section 135. Order or certified copy. An order or a
5 certified copy of an order, over the seal of the Department
6 and purporting to be signed by the Director, shall be prima
7 facie proof:
8 (1) that the signature is the genuine signature of the
9 Director;
10 (2) that the Director is duly appointed and qualified;
11 and
12 (3) that the Board and its members are qualified to act.
13 Section 140. Restoration of suspended or revoked
14 license. At any time after the suspension or revocation of
15 any license, the Department may restore the license to the
16 accused person upon the written recommendation of the Board
17 unless, after an investigation and a hearing, the Board
18 determines that restoration is not in the public interest.
19 Section 145. Surrender of license. Upon the revocation
20 or suspension of a license, the licensee shall immediately
21 surrender the license to the Department, and if the licensee
22 fails to do so, the Department shall have the right to seize
23 the license.
24 Section 150. Temporary suspension of a license. The
25 Director may temporarily suspend the license of an orthotist,
26 prosthetist, or pedorthist without a hearing simultaneously
27 with the institution of proceedings for a hearing provided
28 for in Section 95 of this Act if the Director finds that
29 evidence in his or her possession indicates that a licensee's
30 continuation in practice would constitute an imminent danger
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1 to the public. If the Director temporarily suspends a
2 license without a hearing, a hearing by the Board must be
3 held within 30 days after the suspension.
4 Section 155. Administrative Review Law; venue. All
5 final administrative decisions of the Department are subject
6 to judicial review pursuant to the provisions of the
7 Administrative Review Law and its rules. The term
8 "administrative decision" has the same meaning as in Section
9 3-101 of the Administrative Review Law. Proceedings for
10 judicial review shall be commenced in the circuit court of
11 the county in which the party applying for review resides,
12 but if the party is not a resident of this State, the venue
13 shall be in Sangamon County.
14 Section 160. Certifications of record; costs. The
15 Department shall not be required to certify any record to the
16 Court or file any answer in court or otherwise appear in any
17 court in a judicial review proceeding unless there is filed
18 in the court with the complaint a receipt from the Department
19 acknowledging payment of the costs of furnishing and
20 certifying the record, which shall be computed at the rate of
21 20 cents per page of the record. Failure on the part of a
22 plaintiff to file a receipt in court shall be grounds for
23 dismissal of the action.
24 Section 165. Penalties. A person who is found to have
25 violated a provision of this Act is guilty of a Class A
26 misdemeanor for a first offense and is guilty of a Class 4
27 felony for a second or subsequent offense.
28 Section 170. Illinois Administrative Procedure Act. The
29 Illinois Administrative Procedure Act is hereby expressly
30 adopted and incorporated in this Act as if all of the
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1 provisions of that Act were included in this Act, except that
2 the provision of subsection (d) of Section 10-65 of the
3 Illinois Administrative Procedure Act, which provides that at
4 hearings the licensee has the right to show compliance with
5 all lawful requirements for retention, continuation, or
6 renewal of the license, is specifically excluded and for
7 purposes of this Act. The notice required under Section
8 10-25 of the Illinois Administrative Procedure Act is deemed
9 sufficient when mailed to the last known address of a party.
10 Section 175. Home rule preemption. It is declared to be
11 the public policy of this State, pursuant to paragraph (h) of
12 Section 6 of Article VII of the Illinois Constitution of 1970
13 that a power or function set forth in this Act to be
14 exercised by the State is an exclusive State power or
15 function. No power or function granted under this Act shall
16 be exercised concurrently, either directly or indirectly, by
17 a unit of local government, including home rule units, except
18 as otherwise provided in this Act.
19 Section 250. The Regulatory Agency Sunset Act is amended
20 by adding Section 4.19 as follows:
21 (5 ILCS 80/4.19 new)
22 Sec. 4.19. Act repealed on January 1, 2009. The following
23 Act is repealed on January 1, 2009:
24 The Illinois Orthotics, Prosthetics, and Pedorthics
25 Practice Act.
26 Section 999. Effective date. This Act takes effect on
27 January 1, 1999.