Public Act 93-0461
SB385 Enrolled LRB093 07646 AMC 07825 b
AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.14 and 4.24 as follows:
(5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
Sec. 4.14. Acts repealed.
(a) The following Acts are repealed December 31, 2003:
The Private Detective, Private Alarm, and Private
Security Act of 1993.
The Illinois Occupational Therapy Practice Act.
(b) The following Acts are repealed January 1, 2004:
The Illinois Certified Shorthand Reporters Act of
1984.
The Veterinary Medicine and Surgery Practice Act of
1994.
(Source: P.A. 92-457, eff 8-21-01.)
(5 ILCS 80/4.24)
Sec. 4.24. Acts repealed on January 1, 2014. The
following Acts are repealed on January 1, 2014:
The Electrologist Licensing Act.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
Section 10. The Illinois Occupational Therapy Practice
Act is amended by changing Sections 2, 3, 3.1, 5, 7, 8, 9,
11, 11.1, 15, and 19 as follows:
(225 ILCS 75/2) (from Ch. 111, par. 3702)
(Section scheduled to be repealed on December 31, 2003)
Sec. 2. Definitions. In this Act:
(1) "Department" means the Department of Professional
Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Board" means the Illinois Occupational Therapy
Licensure Board appointed by the Director.
(4) "Registered Occupational therapist" means a person
initially registered and licensed to practice occupational
therapy as defined in this Act, and whose license is in good
standing.
(5) "Certified Occupational therapy assistant" means a
person initially registered and licensed to assist in the
practice of occupational therapy under the supervision of a
licensed registered occupational therapist, and to implement
the occupational therapy treatment program as established by
the licensed registered occupational therapist. Such program
may include training in activities of daily living, the use
of therapeutic activity including task oriented activity to
enhance functional performance, and guidance in the selection
and use of adaptive equipment.
(6) "Occupational therapy" means the therapeutic use of
purposeful and meaningful occupations or goal-directed
activities to evaluate and provide interventions for
individuals and populations who have a disease or disorder,
an impairment, an activity limitation, or a participation
restriction that interferes with their ability to function
independently in their daily life roles and to promote health
and wellness. Occupational therapy intervention may include
any of the following:
(a) remediation or restoration of performance
abilities that are limited due to impairment in
biological, physiological, psychological, or neurological
processes;
(b) adaptation of task, process, or the environment
or the teaching of compensatory techniques in order to
enhance performance;
(c) disability prevention methods and techniques
that facilitate the development or safe application of
performance skills; and
(d) health promotion strategies and practices that
enhance performance abilities.
The licensed registered occupational therapist or
licensed certified occupational therapy assistant may assume
a variety of roles in his or her career including, but not
limited to, practitioner, supervisor of professional students
and volunteers, researcher, scholar, consultant,
administrator, faculty, clinical instructor, and educator of
consumers, peers, and family.
(7) "Occupational therapy services" means services that
may be provided to individuals and populations including,
without limitation, the following:
(a) evaluating, developing, improving, sustaining,
or restoring skills in activities of daily living, work,
or productive activities, including instrumental living
and play and leisure activities;
(b) evaluating, developing, remediating improving,
or restoring sensorimotor sensory motor, cognitive, or
psychosocial components of performance;
(c) designing, fabricating, applying, or training
in the use of assistive technology or temporary, orthoses
and training in the use of orthoses and prostheses;
(d) adapting environments and processes, including
the application of ergonomic principles, to enhance
performance and safety in daily life roles;
(e) for the occupational therapist or occupational
therapy assistant therapists possessing advanced
training, skill, and competency as demonstrated through
examinations that shall be determined by the Department,
applying physical agent modalities as an adjunct to or in
preparation for engagement in occupations;
(f) evaluating and providing intervention in
collaboration with the client, family, caregiver, or
others;
(g) educating the client, family, caregiver, or
others in carrying out appropriate nonskilled
interventions; and
(h) consulting with groups, programs,
organizations, or communities to provide population-based
services.
(8) "An aide in occupational therapy" means an
individual who provides supportive services to occupational
therapists or occupational therapy assistants therapy
practitioners but who is not certified by a nationally
recognized occupational therapy certifying or licensing body.
(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02;
92-651, eff. 7-11-02.)
(225 ILCS 75/3) (from Ch. 111, par. 3703)
(Section scheduled to be repealed on December 31, 2003)
Sec. 3. After the effective date of this Act, no person
shall practice occupational therapy or hold himself out as an
occupational therapist or an occupational therapy assistant,
or as being able to practice occupational therapy or to
render services designated as occupational therapy in this
State, unless he is licensed in accordance with the
provisions of this Act.
Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
(1) Any person licensed in this State by any other law
from engaging in the profession or occupation for which he is
licensed; or
(2) Any person employed as an occupational therapist or
occupational therapy assistant by the Government of the
United States, if such person provides occupational therapy
solely under the direction or control of the organization by
which he or she is employed; or
(3) Any person pursuing a course of study leading to a
degree or certificate in occupational therapy at an
accredited or approved educational program if such activities
and services constitute a part of a supervised course of
study, and if such person is designated by a title which
clearly indicates his or her status as a student or trainee;
or
(4) Any person fulfilling the supervised work experience
requirements of Sections 8 and 9 of this Act, if such
activities and services constitute a part of the experience
necessary to meet the requirement of those Sections; or
(5) Any person performing occupational therapy services
in the State, if such a person is not a resident of this
State and is not licensed under this Act, and if such
services are performed for no more than 60 days a calendar
year in association with an occupational therapist licensed
under this Act and if such person meets the qualifications
for license under this Act and:
(i) such person is licensed under the law of
another state which has licensure requirements at least
as restrictive as the requirements of this Act, or
(ii) such person meets the requirements for
certification as an Occupational Therapist Registered
(O.T.R.) or a Certified Occupational Therapy Assistant
(C.O.T.A.) established by the National Board for
Certification of Occupational Therapy or another
nationally recognized credentialing body approved by the
Board American Occupational Therapy Association; or
(6) The practice of occupational therapy by one who has
applied in writing to the Department for a license, in form
and substance satisfactory to the Department, and has
complied with all the provisions of either Section 8 or 9
except the passing of the examination to be eligible to
receive such license. In no event shall this exemption
extend to any person for longer than 6 months, except as
follows:
(i) if the date on which a person can take the next
available examination authorized by the Department
extends beyond 6 months from the date the person
completes the occupational therapy program as required
under Section 8 or 9, the Department shall extend the
exemption until the results of that examination become
available to the Department; or
(ii) if the Department is unable to complete its
evaluation and processing of a person's application for a
license within 6 months after the date on which the
application is submitted to the Department in proper
form, the Department shall extend the exemption until the
Department has completed its evaluation and processing of
the application.
In the event such applicant fails the examination, the
applicant shall cease work immediately until such time as the
applicant is licensed to practice occupational therapy in
this State.
(7) The practice of occupational therapy by one who has
applied to the Department, in form and substance satisfactory
to the Department, and who is licensed to practice
occupational therapy under the laws of another state,
territory of the United States or country and who is
qualified to receive a license under the provisions of either
Section 8 or 9 of this Act. In no event shall this exemption
extend to any person for longer than 6 months.
(8) The practice of occupational therapy by one who has
applied to the Department, in form and substance satisfactory
to the Department, and who is qualified to receive a license
under the provisions of either Section 8 or 9 of this Act.
In no event shall this exemption extend to any person for
longer than 6 months.
(Source: P.A. 90-427, eff. 8-15-97.)
(225 ILCS 75/3.1)
(Section scheduled to be repealed on December 31, 2003)
Sec. 3.1. Referrals. A licensed registered occupational
therapist or licensed certified occupational therapy
assistant may consult with, educate, evaluate, and monitor
services for clients concerning non-medical occupational
therapy needs. Implementation of direct occupational therapy
to individuals for their specific health care conditions
shall be based upon a referral from a licensed physician,
dentist, podiatrist, or optometrist.
An occupational therapist shall refer to a licensed
physician, dentist, optometrist, or podiatrist any patient
whose medical condition should, at the time of evaluation or
treatment, be determined to be beyond the scope of practice
of the occupational therapist.
(Source: P.A. 92-297, eff. 1-1-02.)
(225 ILCS 75/5) (from Ch. 111, par. 3705)
(Section scheduled to be repealed on December 31, 2003)
Sec. 5. The Director shall appoint an Illinois
Occupational Therapy Licensure Board as follows: 7 persons
who shall be appointed by and shall serve in an advisory
capacity to the Director. One 1 member must be a physician
licensed to practice medicine in all of its branches; 3
members must be licensed registered occupational therapists
in good standing, and actively engaged in the practice of
occupational therapy in this State; 2 members must be
licensed certified occupational therapy assistants in good
standing and actively engaged in the practice of occupational
therapy in this State; and 1 member must be a public member
who is not licensed under this Act, or a similar Act of
another jurisdiction, and is not a provider of health care
service.
Members shall serve 4 year terms and until their
successors are appointed and qualified. No member shall be
appointed under this or any prior Act to the Board for
service which would constitute more than 2 full terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of
the vacated term. Initial terms shall begin upon the
effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Director may terminate the appointment of any member
for cause which in the opinion of the Director reasonably
justifies such termination.
The Director shall consider the recommendations of the
Board on questions involving standards of professional
conduct, discipline and qualifications of candidates and
license holders under this Act.
(Source: P.A. 88-424.)
(225 ILCS 75/7) (from Ch. 111, par. 3707)
(Section scheduled to be repealed on December 31, 2003)
Sec. 7. The Department shall authorize examinations at
least annually and at such time and place as it may
designate. The examination shall be of a character to give a
fair test of the qualifications of the applicant to practice
occupational therapy.
Applications for examination as occupational therapists
and occupational therapy assistants shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination. Failure
to appear for the examination on the scheduled date, at the
time and place specified, after the applicant's application
for examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee.
If an applicant neglects, fails or refuses to take the
examination within 90 days after the date the Confirmation of
Examination and Eligibility to Examine Notice is issued next
available examination offered or fails to pass an examination
for certification under this Act, the application shall be
denied. If an applicant fails to pass an examination for
registration under this Act within 3 years after filing his
application, the application shall be denied. The applicant
may thereafter make a new application accompanied by the
required fee, however, the applicant shall meet all
requirements in effect at the time of subsequent application
before obtaining licensure.
The Department may employ consultants for the purposes of
preparing and conducting examinations.
(Source: P.A. 88-424.)
(225 ILCS 75/8) (from Ch. 111, par. 3708)
(Section scheduled to be repealed on December 31, 2003)
Sec. 8. A person shall be qualified for licensure as an
occupational therapist if that person:
(1) has applied in writing in form and substance to
the Department;
(2) (blank) is a citizen of the United States or a
lawfully admitted alien, in status, registered with the
United States Department of Justice, Division of
Immigration and Naturalization;
(3) has completed an occupational therapy program
of at least 4 years in length, leading to a baccalaureate
degree, or its equivalent, approved by the Department;
and
(4) has successfully completed the examination
authorized by the Department within the past 5 years.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 75/9) (from Ch. 111, par. 3709)
(Section scheduled to be repealed on December 31, 2003)
Sec. 9. A person shall be qualified for licensure as an
occupational therapy assistant if that person:
(1) has applied in writing in form and substance to
the Department;
(2) (blank) is a citizen of the United States or a
lawfully admitted alien, in status, registered with the
United States Department of Justice, Division of
Immigration and Naturalization;
(3) has completed an occupational therapy program
of at least 2 years in length leading to an associate
degree, or its equivalent, approved by the Department;
and
(4) has successfully completed the examination
authorized by the Department within the past 5 years.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 75/11) (from Ch. 111, par. 3711)
(Section scheduled to be repealed on December 31, 2003)
Sec. 11. The expiration date and renewal period for each
certificate issued under this Act shall be set by rule.
Any occupational therapist or occupational therapy
assistant who has permitted his license to expire or who has
had his license on inactive status may have his license
restored by making application to the Department and filing
proof acceptable to the Department of his fitness to have his
license restored. The Department may consider a certificate
expired less than 5 years as prima facie evidence that the
applicant is fit. If the applicant's license has expired or
been placed on inactive status, proof of fitness may include
sworn evidence certifying to active practice in another
jurisdiction satisfactory to the Department and by paying the
required restoration fee.
If the occupational therapist or occupational therapy
assistant has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Department
shall determine, by an evaluation program established by
rule, his fitness to resume active status and may require the
occupational therapist or occupational therapy therapist
assistant to successfully complete a practice examination.
However, any occupational therapist or occupational
therapy assistant whose license certificate expired while he
was (1) in Federal Service on active duty with the Armed
Forces of the United States, or the State Militia called into
service or training, or (2) in training or education under
the supervision of the United States preliminary to induction
into the military service, may have his certificate renewed
or restored without paying any lapsed renewal fees if within
2 years after termination of such service, training or
education except under conditions other than honorable, he
furnished the Department with satisfactory evidence to the
effect that he has been so engaged and that his service,
training or education has been so terminated.
(Source: P.A. 84-793.)
(225 ILCS 75/11.1)
(Section scheduled to be repealed on December 31, 2003)
Sec. 11.1. Continuing education requirement. All
renewal applicants shall provide proof of having met the
continuing competency requirements set forth in the rules of
the Department. At a minimum, the rules shall require a
renewal applicant to provide proof of completing at least 12
units of continuing competency activities during the 2-year
licensing cycle for which he or she is currently licensed.
The Department shall provide by rule for an orderly process
for the reinstatement of licenses that have not been renewed
for failure to meet the continuing competency requirements.
The continuing competency requirements may be waived in cases
of extreme hardship as defined by rule.
The Department shall establish by rule a means for
verifying the completion of the continuing competency
required by this Section. This verification may be
accomplished through audits of records maintained by
licensees, by requiring the filing of continuing competency
certificates with the Department, or by any other means
established by the Department.
(Source: P.A. 92-297, eff. 1-1-02.)
(225 ILCS 75/15) (from Ch. 111, par. 3715)
(Section scheduled to be repealed on December 31, 2003)
Sec. 15. Any person who is issued a license as an
occupational therapist registered under the terms of this Act
may use the words "occupational therapist" or "licensed
occupational therapist registered", or he may use the letters
"O.T" or "O.T.R.", in connection with his or her name or
place of business to denote his or her licensure under this
Act.
Any person who is issued a license as a certified
occupational therapy assistant under the terms of this Act
may use the words, "occupational therapy assistant" or
"licensed certified occupational therapy assistant", or he or
she may use the letters, "O.T.A." or "C.O.T.A.", in
connection with his or her name, or place of business to
denote his or her licensure under this Act hereunder.
(Source: P.A. 83-696.)
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on December 31, 2003)
Sec. 19. (a) The Department may refuse to issue or
renew, or may revoke, suspend, place on probation, reprimand
or take other disciplinary action as the Department may deem
proper, including fines not to exceed $2,500 for each
violation, with regard to any license for any one or
combination of the following:
(1) Material misstatement in furnishing information
to the Department;
(2) Wilfully violating this Act, or of the rules
promulgated thereunder;
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof which is
a felony or which is a misdemeanor, an essential element
of which is dishonesty, or of any crime which is directly
related to the practice of occupational therapy;
(4) Making any misrepresentation for the purpose of
obtaining certification, or violating any provision of
this Act or the rules promulgated thereunder pertaining
to advertising;
(5) Having demonstrated unworthiness, or
incompetency to act as an occupational therapist or
occupational therapy assistant in such manner as to
safeguard the interest of the public;
(6) Wilfully aiding or assisting another person,
firm, partnership or corporation in violating any
provision of this Act or rules;
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual intoxication or addiction to the use
of drugs;
(10) Discipline by another state, the District of
Columbia, a territory, or foreign nation, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate or other form of
compensation for professional services not actually or
personally rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has
violated the terms of the discipline;
(13) Wilfully making or filing false records or
reports in the practice of occupational therapy,
including but not limited to false records filed with the
State agencies or departments;
(14) Physical illness, including but not limited
to, deterioration through the aging process, or loss of
motor skill which results in the inability to practice
the profession with reasonable judgment, skill or safety;
(15) Solicitation of professional services other
than by permitted advertising;
(16) Wilfully exceeding the scope of practice
customarily undertaken by persons licensed under this
Act, which conduct results in, or may result in, harm to
the public;
(17) Holding one's self out to practice
occupational therapy under any name other than his own or
impersonation of any other occupational therapy licensee;
(18) Gross negligence;
(19) Malpractice;
(20) Obtaining a fee in money or gift in kind of
any other items of value or in the form of financial
profit or benefit as personal compensation, or as
compensation, or charge, profit or gain for an employer
or for any other person or persons, on the fraudulent
misrepresentation that a manifestly incurable condition
of sickness, disease or injury to any person can be
cured;
(21) Accepting commissions or rebates or other
forms of remuneration for referring persons to other
professionals;
(22) Failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the
requirements of any such tax Act are satisfied;
(23) Violating the Health Care Worker Self-Referral
Act; and
(24) Having treated patients other than by the
practice of occupational therapy as defined in this Act,
or having treated patients as a licensed occupational
therapist independent of a referral from a physician,
dentist, podiatrist, or optometrist, or having failed to
notify the physician, dentist, podiatrist, or optometrist
who established a diagnosis that the patient is receiving
occupational therapy pursuant to that diagnosis.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as
an automatic suspension. Such suspension will end only upon
a finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, an order by the
court so finding and discharging the patient, and the
recommendation of the Board to the Director that the license
holder be allowed to resume his practice.
(c) The Department may refuse to issue or take
disciplinary action concerning the license of any person who
fails to file a return, to pay the tax, penalty, or interest
shown in a filed return, or to pay any final assessment of
tax, penalty, or interest as required by any tax Act
administered by the Department of Revenue, until such time as
the requirements of any such tax Act are satisfied as
determined by the Department of Revenue.
(d) In enforcing this Section, the Board, upon a showing
of a possible violation, may compel a licensee or applicant
to submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The
examining physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall
be excluded by reason of any common law or statutory
privilege relating to communications between a licensee or
applicant and the examining physician or clinical
psychologist. An individual to be examined may have, at his
or her own expense, another physician or clinical
psychologist of his or her choice present during all aspects
of the examination. Failure of an individual to submit to a
mental or physical examination, when directed, is grounds for
suspension of his or her license. The license must remain
suspended until the person submits to the examination or the
Board finds, after notice and hearing, that the refusal to
submit to the examination was with reasonable cause.
If the Board finds an individual unable to practice
because of the reasons set forth in this Section, the Board
must require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice. In
lieu of care, counseling, or treatment, the Board may
recommend that the Department file a complaint to immediately
suspend or revoke the license of the individual or otherwise
discipline the licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for
a determination as to whether the person shall have his or
her license suspended immediately, pending a hearing by the
Board.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.