Public Act 093-1010
 		





SB2382 Enrolled
LRB093 16068 AMC 41694 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 Illinois Physical Therapy Act is amended  by 
changing Sections 1, 2, 16.5, 17, 31, and 32.2 as follows:
 



    (225 ILCS 90/1)  (from Ch. 111, par. 4251)


    (Section scheduled to be repealed on January 1, 2006)

    Sec. 1. Definitions. As used in this Act:

    (1) "Physical therapy" means the evaluation or treatment of 
a person by
the use of the effective properties of physical 
measures and heat, cold,
light, water, radiant energy, 
electricity, sound, and air; and the use of
therapeutic 
massage, therapeutic exercise, mobilization, and the

rehabilitative procedures with or without assistive devices 
for the
purposes of preventing, correcting, or alleviating a 
physical or mental
disability, or promoting physical fitness 
and well-being.  Physical therapy
includes, but is not limited 
to:  (a) performance
of specialized tests and measurements, (b) 
administration of specialized
treatment procedures, (c) 
interpretation of referrals from physicians, dentists, 
advanced practice nurses, physician assistants,
and 
podiatrists, (d) establishment, and modification of physical 
therapy
treatment programs, (e) administration of topical 
medication used in generally
accepted physical therapy 
procedures when such medication is prescribed
by the patient's 
physician, licensed to practice medicine in all its branches,

the patient's physician licensed to practice podiatric 
medicine, the patient's advanced practice nurse, the patient's 
physician assistant, or the
patient's dentist, and (f) 
supervision or teaching of physical therapy.
Physical therapy 
does not include radiology, electrosurgery, chiropractic

technique or determination of a differential diagnosis; 
provided, however,
the limitation on determining a 
differential diagnosis shall not in any
manner limit a physical 
therapist licensed under this Act from performing
an evaluation 
pursuant to such license. Nothing in this Section shall limit
a 
physical therapist from employing appropriate physical therapy 
techniques
that he or she is educated and licensed to perform.  
A physical therapist
shall refer to a licensed physician, 
advanced practice nurse, physician assistant, dentist, 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 physical therapist.

    (2) "Physical therapist" means a person who practices 
physical therapy
and who has met all requirements as provided 
in this Act.

    (3) "Department" means the Department of Professional 
Regulation.

    (4) "Director" means the Director of Professional 
Regulation.

    (5) "Committee" means the Physical Therapy Examining 
Committee approved
by the Director.

    (6) "Referral" means a written or oral authorization for 
physical therapy services for a patient by a physician, 
dentist, advanced practice nurse, physician assistant, or 
podiatrist who maintains medical supervision of the patient and 
makes a diagnosis or verifies that the patient's condition is 
such that it may be treated by a physical therapist
for the 
purpose of this Act means the following of guidance
or 
direction to the physical therapist given by the physician, 
dentist, or
podiatrist who shall maintain supervision of the 
patient.

    (7) "Documented current and relevant diagnosis" for the 
purpose of
this Act means a diagnosis, substantiated by 
signature or oral verification
of a physician, dentist, 
advanced practice nurse, physician assistant, or podiatrist, 
that a patient's condition is such
that it may be treated by 
physical therapy as defined in this Act, which
diagnosis shall 
remain in effect until changed by the physician, dentist, 
advanced practice nurse, physician assistant,
or podiatrist.

    (8) "State" includes:


        (a) the states of the United States of America;


        (b) the District of Columbia; and


        (c) the Commonwealth of Puerto Rico.

    (9) "Physical therapist assistant" means a person licensed 
to assist a
physical therapist and who has met all requirements 
as provided in this Act
and who works under the supervision of 
a licensed physical therapist to assist
in implementing the 
physical therapy treatment program as established by the

licensed physical therapist.  The patient care activities 
provided by the
physical therapist assistant shall not include 
the interpretation of referrals,
evaluation procedures, or the 
planning or major modification of patient programs.

    (10) "Physical therapy aide" means a person who has 
received on
the job training, specific to the facility in which 
he is employed, but who
has not completed an approved physical 
therapist assistant program.

    (11) "Advanced practice nurse" means a person licensed 
under the Nursing and Advanced Practice Nursing Act who has a 
collaborative agreement with a collaborating physician that 
authorizes referrals to physical therapists.
    (12) "Physician assistant" means a person licensed under 
the Physician Assistant Practice Act of 1987 who has been 
delegated authority to make referrals to physical therapists.

(Source: P.A. 92-651, eff. 7-11-02.)


 



    (225 ILCS 90/2)  (from Ch. 111, par. 4252)



    (Section scheduled to be repealed on January 1, 2006)

    Sec. 2. Licensure requirement; exempt activities. Practice 
without a
license forbidden - exception.
No person shall
after 
the date of August 31, 1965 begin to practice physical therapy 
in
this State or hold himself out as being able to practice 
this profession,
unless he is licensed as such in accordance 
with the provisions of this Act.
After the effective date of 
this amendatory Act of 1990, no person shall
practice or hold 
himself out as a physical therapist assistant unless he is

licensed as such under this Act. A physical therapist shall use 
the initials "PT" in connection with his or her name to denote 
licensure under this Act, and a physical therapist assistant 
shall use the initials "PTA" in connection with his or her  name 
to denote licensure under this Act.


    This Act does not prohibit:


        (1) Any person licensed in this State under
any other 
    Act from engaging in the practice for which he is licensed.


        (2) The practice of physical therapy by those persons, 
    practicing
under the
supervision of a licensed physical 
    therapist and  who have met all of the
qualifications as 
    provided in Sections 7, 8.1, and 9 of this Act, until
the 
    next examination is given for physical therapists or 
    physical
therapist assistants and the results have been 
    received by the Department
and the Department has 
    determined the applicant's
eligibility for a license. 
    Anyone failing to pass said examination
shall not again 
    practice physical therapy until such time as an examination

    has been successfully passed by such person.


        (3) The practice of physical
therapy for a period not 
    exceeding 6 months by a person who is in this State
on a 
    temporary basis to assist in a case of medical emergency or 
    to engage
in a special physical therapy project, and who 
    meets the qualifications
for a physical therapist as set 
    forth in Sections 7 and 8 of this Act and
is licensed in 
    another state as a physical therapist.


        (4) Practice of physical
therapy by qualified persons 
    who have filed for endorsement for no longer
than one year 
    or until such time that notification of licensure has been

    granted or denied, whichever period of time is lesser.


        (5) One or more
licensed physical therapists from 
    forming a professional service
corporation under the 
    provisions of the "Professional Service Corporation
Act", 
    approved September 15, 1969, as now or hereafter amended, 
    and
licensing such corporation for the practice of physical 
    therapy.


        (6) Physical therapy aides from performing patient 
    care activities under
the
on-site supervision of a licensed 
    physical therapist or licensed physical
therapist 
    assistant. These patient care activities shall not include

    interpretation of referrals, evaluation procedures, the 
    planning of or
major modifications of, patient programs.


        (7) Physical Therapist
Assistants from performing 
    patient care activities under the general
supervision of a 
    licensed physical therapist.  The physical therapist must

    maintain continual contact with the physical therapist 
    assistant including
periodic personal supervision and 
    instruction to insure the safety and
welfare of the 
    patient.


        (8) The practice of physical therapy by a physical

    therapy student or a physical therapist assistant student 
    under the on-site supervision of a licensed physical 
    therapist.
 The physical therapist shall be readily 
    available for direct supervision
and instruction to insure 
    the safety and welfare of the patient.


        (9) The
practice of physical therapy as part of an 
    educational program by a
physical therapist licensed in 
    another state or country for a period not to
exceed 6 
    months.

(Source: P.A. 90-580, eff. 5-21-98.)

 



    (225 ILCS 90/16.5)


    (Section scheduled to be repealed on January 1, 2006)

    Sec. 16.5. Advertising services. 

    (a) A licensee shall include in every advertisement for 
services regulated under
this
Act his or her title as it

appears on the license or the initials authorized under this 
Act.

    (b) It is unlawful for any person licensed under this Act

to use testimonials or claims of superior quality of care to

entice the public.  It shall be unlawful to advertise fee

comparisons of available services with those of other
persons 
licensed under this Act.

    (c) This Act does not authorize the advertising of

professional services that the offeror of such services is
not 
licensed to render.  Nor shall the advertiser use
statements 
that contain false, fraudulent, deceptive or
misleading 
material or guarantees of success, play upon the vanity or 
fears of the public, or
promote or produce unfair competition.

    (d) It is unlawful and punishable under Section 31 for any 
person
licensed under this Act to knowingly advertise that the 
licensee will accept as
payment for services rendered by 
assignment from any third-party payor the
amount the 
third-party payor covers as payment in full, if the effect is 
to
give the impression of eliminating the need of payment by 
the patient of any
required deductible or copayment applicable 
in the patient's health benefit
plan.

    (e) As used in this Section, "advertise" means solicitation 
by the licensee or
through another by means of handbills, 
posters, circulars, motion pictures,
radio, newspapers, or 
television or in any other manner.

(Source: P.A. 91-310, eff. 1-1-00.)


 



    (225 ILCS 90/17)  (from Ch. 111, par. 4267)



    (Section scheduled to be repealed on January 1, 2006)

    Sec. 17. (1) The Department may refuse to issue or to 
renew, or may
revoke, suspend, place on probation, reprimand, 
or
take other disciplinary action as the Department deems 
appropriate,
including the issuance of fines not to exceed 
$5000, with regard to a
license for any one or a combination of 
the following:


        A. Material misstatement in furnishing information to 
    the Department
or otherwise making misleading, deceptive, 
    untrue, or fraudulent
representations in violation of this 
    Act or otherwise in the practice of
the profession;


        B. Violations of this Act, or of
the rules or 
    regulations promulgated hereunder;


        C. 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 the profession; conviction, as used in this

    paragraph, shall include a finding or verdict of guilty, an 
    admission of
guilt or a plea of nolo contendere;


        D. Making any misrepresentation for the purpose of 
    obtaining licenses,
or violating any provision of this Act 
    or the rules promulgated thereunder
pertaining to 
    advertising;


        E. A pattern of practice or other behavior which 
    demonstrates incapacity
or incompetency to practice under 
    this Act;


        F. Aiding or assisting another person in violating any

    provision of this Act or Rules;


        G. Failing, within 60 days, to provide information in 
    response to a written
request made by the Department;


        H. Engaging in dishonorable, unethical or 
    unprofessional conduct of a
character likely to deceive, 
    defraud or harm the public.  Unprofessional
conduct shall 
    include any departure from or the failure to conform to the

    minimal standards of acceptable and prevailing physical 
    therapy practice,
in which proceeding actual injury to a 
    patient need not be established;


        I. Unlawful distribution of any drug or narcotic, or 
    unlawful
conversion of any drug or narcotic not belonging 
    to the person for such
person's own use or benefit or for 
    other than medically accepted
therapeutic purposes;


        J. Habitual or excessive use or addiction to alcohol, 
    narcotics,
stimulants, or any other chemical agent or drug 
    which results in a physical
therapist's or physical 
    therapist assistant's
inability to practice with 
    reasonable judgment, skill or safety;


        K. Revocation or suspension of a license to practice 
    physical therapy
as a physical therapist or physical 
    therapist assistant or the taking
of other disciplinary 
    action by the proper licensing authority of
another state, 
    territory or country;


        L. 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 any professional services not actually or
personally 
    rendered.  Nothing contained in this paragraph prohibits 
    persons holding valid and current licenses under this Act  
    from  practicing  physical therapy in partnership under a 
    partnership agreement, including a limited liability 
    partnership, a limited liability company, or a corporation 
    under the Professional Service Corporation Act or from 
    pooling, sharing, dividing, or apportioning the fees and 
    monies received by them or by the partnership, company, or 
    corporation in accordance with the partnership agreement 
    or the policies of the company or  professional corporation;


        M. A finding by the Committee that the licensee after 
    having his or
her license
placed on probationary status has 
    violated the terms of probation;


        N. Abandonment of a patient;


        O. Willfully failing to report an instance of suspected 
    child abuse or
neglect as required by the Abused and 
    Neglected Child Reporting Act;


        P. Willfully failing to report an instance of suspected 
    elder abuse or
neglect as required by the Elder Abuse 
    Reporting Act;


        Q. 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 judgement, skill or safety;


        R. The use of any words (such as physical therapy, 
    physical therapist
physiotherapy or physiotherapist), 
    abbreviations, figures or letters with
the intention of 
    indicating practice as a licensed physical therapist

    without a valid license as a physical therapist issued 
    under this Act;


        S. The use of the term physical therapist assistant, or 
    abbreviations,
figures, or letters with the intention of 
    indicating practice as a physical
therapist assistant 
    without a valid license as a physical therapist
assistant 
    issued under this Act;


        T. Willfully violating or knowingly assisting in the 
    violation of any
law of this State relating to the practice 
    of abortion;


        U. Continued practice by a person knowingly having an 
    infectious,
communicable or contagious disease;


        V. Having treated ailments of human beings otherwise 
    than by
the practice of physical therapy as defined in this 
    Act, or having treated
ailments of human beings as a 
    licensed physical therapist independent of a
documented 
    referral or a documented current and relevant diagnosis 
    from a
physician, dentist, advanced practice nurse, 
    physician assistant, or podiatrist, or having failed to 
    notify the
physician, dentist, advanced practice nurse, 
    physician assistant, or podiatrist who established a 
    documented current and
relevant diagnosis that the patient 
    is receiving physical therapy pursuant
to that diagnosis;


        W. Being named as a perpetrator in an indicated report 
    by the
Department of Children and Family Services pursuant 
    to the Abused and
Neglected Child Reporting Act, and upon 
    proof by clear and convincing
evidence that the licensee 
    has caused a child to be an abused child or
neglected child 
    as defined in the Abused and Neglected Child Reporting Act;


        X. Interpretation of referrals, performance of 
    evaluation procedures,
planning or making major 
    modifications of patient programs by a physical
therapist 
    assistant;


        Y. Failure by a physical therapist assistant and 
    supervising physical
therapist to maintain continued 
    contact, including periodic personal
supervision and 
    instruction, to insure safety and welfare of patients;


        Z. Violation of the Health Care Worker Self-Referral 
    Act.

    (2) The determination by a circuit court that a licensee is 
subject to
involuntary admission or judicial admission as 
provided in the Mental Health
and Developmental Disabilities 
Code 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 
and the
issuance of an order so finding and discharging the 
patient; and upon the
recommendation of the Committee to the 
Director that the licensee be
allowed to resume his practice.

    (3) The Department may refuse to issue or may suspend the 
license of any
person who fails 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.

(Source: P.A. 89-387, eff. 1-1-96.)

 



    (225 ILCS 90/31)  (from Ch. 111, par. 4281)



    (Section scheduled to be repealed on January 1, 2006)

    Sec. 31. Violations. 

    (a)  Any person who is found to have violated any
provision 
of this Act is guilty of a Class A misdemeanor for the first

offense and a Class 4 felony for the second and any subsequent 
offense.

    (b) Any person representing himself or herself or 
advertising
as a physical therapist or that the services he or 
she renders are physical therapy
services, or who uses any 
words, such as physical therapy, physical therapist,

physiotherapy, or physiotherapist, abbreviations, figures, or 
letters, such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",

with
the intention of indicating that he or she is engaged in 
the practice of physical therapy
as a licensed physical 
therapist, when
he or she does not possess a currently valid 
license as defined herein, commits
a Class A misdemeanor, for a 
first offense, and a Class 4 felony for a second
or subsequent 
offense.


    (c) Any person representing himself or herself or 
advertising as a physical therapist assistant
or that the 
services he or she renders are physical therapy services, or 
who uses any
words, such as physical therapy or physical 
therapist assistant, or uses
abbreviations, figures, or 
letters, such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",

with the intention of indicating that he or she is engaged in 
the practice
of physical therapy
as a physical therapist 
assistant, when he or she does not possess a currently
valid 
license as defined herein, commits a Class A misdemeanor for a 
first
offense, and a Class 4 felony for a second or subsequent 
offense.

(Source: P.A. 85-342; 86-1396.)

 



    (225 ILCS 90/32.2)



    (Section scheduled to be repealed on January 1, 2006)

    Sec. 32.2. Unlicensed practice; violation; civil penalty. 

    (a) Any person who practices, offers to practice, attempts 
to practice, or
holds oneself out to practice physical therapy 
or as a physical therapist or a
physical therapist assistant 
without being licensed under this Act or who violates Section 
16.5 or subsection (b) or (c) of Section 31 shall, in
addition 
to any other penalty provided by law, pay a civil penalty to 
the
Department in an amount not to exceed $5,000 for each 
offense as determined by
the Department.  The civil penalty 
shall be assessed by the Department after a
hearing is held in 
accordance with the provisions set forth in this Act
regarding 
the provision of a hearing for the discipline of a licensee.

    (b) The Department has the authority and power to 
investigate any and all
unlicensed activity.

    (c) The civil penalty shall be paid within 60 days after 
the effective date
of the order imposing the civil penalty.  The 
order shall constitute a judgment
and may be filed and 
execution had thereon in the same manner as any judgment
from 
any court of record.

(Source: P.A. 89-387, eff. 1-1-96.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  8/24/2004