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Public Act 094-0651


 

Public Act 0651 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0651
 
SB0930 Enrolled LRB094 04555 LJB 34584 b

    AN ACT concerning 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
Section 4.16 and by adding Section 4.26 as follows:
 
    (5 ILCS 80/4.16)
    Sec. 4.16. Acts repealed January 1, 2006. The following
Acts are repealed January 1, 2006:
    The Respiratory Care Practice Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Dental Practice Act.
    The Professional Geologist Licensing Act.
    The Illinois Athletic Trainers Practice Act.
    The Barber, Cosmetology, Esthetics, and Nail Technology
Act of 1985.
    The Collection Agency Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Physical Therapy Act.
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80,
eff. 6-30-95; 89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387,
eff. 8-20-95; 89-626, eff. 8-9-96.)
 
    (5 ILCS 80/4.26 new)
    Sec. 4.26. Act repealed on January 1, 2016. The following
Act is repealed on January 1, 2016:
    The Illinois Physical Therapy Act.
 
    Section 10. The Illinois Physical Therapy Act is amended by
changing Sections 1, 6, 8, 8.1, 12, 15, 17, 19, 20, 22, 23, 25,
26, 27, and 29 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    (Section scheduled to be repealed on January 1, 2006)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 all of the following:
        (A) Examining, evaluating, and testing individuals who
    may have mechanical, physiological, or developmental
    impairments, functional limitations, disabilities, or
    other health and movement-related conditions, classifying
    these disorders, determining a rehabilitation prognosis
    and plan of therapeutic intervention, and assessing the
    on-going effects of the interventions.
        (B) Alleviating impairments, functional limitations,
    or disabilities by designing, implementing, and modifying
    therapeutic interventions that may include, but are not
    limited to, the evaluation or treatment of a person through
    the use of the effective properties of physical measures
    and heat, cold, light, water, radiant energy, electricity,
    sound, and air and use of therapeutic massage, therapeutic
    exercise, mobilization, and rehabilitative procedures,
    with or without assistive devices, for the purposes of
    preventing, correcting, or alleviating a physical or
    mental impairment, functional limitation, or disability.
        (C) Reducing the risk of injury, impairment,
    functional limitation, or disability, including the
    promotion and maintenance of fitness, health, and
    wellness.
        (D) Engaging in administration, consultation,
    education, and research. 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) "Board" "Committee" means the Physical Therapy
Licensing and Disciplinary Board 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.
    (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; 93-1010, eff. 8-24-04.)
 
    (225 ILCS 90/6)  (from Ch. 111, par. 4256)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 6. Duties and functions of Director and Board
Committee. The Director shall appoint a Physical Therapy
Licensing and Disciplinary Board Committee as follows: Seven
persons who shall be appointed by and shall serve in an
advisory capacity to the Director. Six members must be actively
engaged in the practice of physical therapy in this State for a
minimum of 5 years and one member must be a member of the
public who is not licensed under this Act, or a similar Act of
another jurisdiction.
    Members shall serve 4 year terms and until their successors
are appointed and qualified, except that of the initial
appointments, 2 members shall be appointed to serve for 2
years, 2 shall be appointed to serve for 3 years and the
remaining shall be appointed to serve for 4 years and until
their successors are appointed and qualified. No member shall
be reappointed to the Board Committee for a term which would
cause his continuous service on the Board Committee to be
longer than 9 successive years. 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 amendatory Act of 1987
and Committee members in office on that date shall be eligible
for appointment to specific terms as indicated herein.
    For the initial appointment of the Board Committee, the
Director shall give priority to filling the public member terms
as vacancies become available.
    Members of the Board Committee shall be immune from suit in
any action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board
Committee.
    A vacancy in the membership of the Board Committee shall
not impair the right of a quorum to exercise all the rights and
perform all the duties of the Board Committee.
    The members of the Board Committee are entitled to receive
as compensation a reasonable sum as determined by the Director
for each day actually engaged in the duties of the office and
all legitimate and necessary expenses incurred in attending the
meetings of the Board Committee.
    The membership of the Board Committee 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 Committee on questions involving standards of
professional conduct, discipline and qualifications of
candidates and licensees under this Act.
    Nothing shall limit the ability of the Board Committee to
provide recommendations to the Director in regard to any matter
affecting the administration of this Act. The Director shall
give due consideration to all recommendations of the Board
Committee. If the Director takes action contrary to a
recommendation of the Board Committee, the Director shall
promptly provide a written explanation of that action.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (225 ILCS 90/8)  (from Ch. 111, par. 4258)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 8. Qualifications for licensure as a Physical
Therapist.
    (a) A person is qualified to receive a license as a
physical therapist if that person has applied in writing, on
forms prescribed by the Department, has paid the required fees,
and meets all of the following requirements:
        (1) He or she is at least 18 years of age and of good
    moral character. In determining moral character, the
    Department may take into consideration any felony
    conviction of the applicant, but such a conviction shall
    not operate automatically as a complete bar to a license.
        (2) He or she has graduated from a curriculum in
    physical therapy approved by the Department. In approving a
    curriculum in physical therapy, the Department shall
    consider, but not be bound by, accreditation by the
    Commission on Accreditation in Physical Therapy Education.
    A person who graduated from a physical therapy program
    outside the United States or its territories shall have his
    or her degree validated as equivalent to a physical therapy
    degree conferred by a regionally accredited college or
    university in the United States. The Department may
    establish by rule a method for the completion of course
    deficiencies.
        (3) He or she has passed an examination approved by the
    Department to determine his fitness for practice as a
    physical therapist, or is entitled to be licensed without
    examination as provided in Sections 10 and 11 of this Act.
    A person who graduated from a physical therapy program
    outside the United States or its territories and whose
    first language is not English shall submit certification of
    passage of the Test of English as a Foreign Language
    (TOEFL) and the Test of Spoken English (TSE) as defined by
    rule prior to taking the licensure examination.
    (b) The Department reserves the right and may request a
personal interview of an applicant before the Board Committee
to further evaluate his or her qualifications for a license.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 90/8.1)  (from Ch. 111, par. 4258.1)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 8.1. Qualifications for licensure as a physical
therapist assistant. A person is qualified to receive a license
as a physical therapist assistant if that person has applied in
writing, on forms prescribed by the Department, has paid the
required fees and:
        (1) Is at least 18 years of age and of good moral
    character. In determining moral character, the Department
    may take into consideration any felony conviction of the
    applicant, but such a conviction shall not operate
    automatically as a complete bar to a license;
        (2) Has graduated from a 2 year college-level physical
    therapist therapy assistant program approved by the
    Department and attained, at a minimum, an associate's
    degree from the program. In approving such a physical
    therapist assistant program the Department shall consider
    but not be bound by accreditation by the Commission on
    Accreditation in Physical Therapy Education. Any person
    who graduated from a physical therapist therapy assistant
    program outside the United States or its territories shall
    have his or her degree validated as equivalent to a
    physical therapy assistant degree conferred by a
    regionally accredited college or university in the United
    States. The Department may establish by rule a method for
    the completion of course deficiencies; and
        (3) Has successfully completed the examination
    authorized by the Department. A person who graduated from a
    physical therapist therapy assistant program outside the
    United States or its territories and whose first language
    is not English shall submit certification of passage of the
    Test of English as a Foreign Language (TOEFL) and the Test
    of Spoken English (TSE) as defined by rule prior to taking
    the licensure examination.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (225 ILCS 90/12)  (from Ch. 111, par. 4262)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 12. Examinations. The Department shall examine
applicants for licenses as physical therapists or physical
therapist assistants at such times and places as it may
determine. At least 2 written examinations shall be given
during each calendar year for both physical therapists and
physical therapist assistants. The examination shall be
approved by the Department.
    Following notification of eligibility for examination, an
applicant who fails to take the next scheduled examination for
a license under this Act within 60 days of the notification ,
shall forfeit his or her fee, and his or her right to practice
as a physical therapist or physical therapist assistant until
such time as the applicant has passed the appropriate
examination. Any applicant failing the examination three times
in any jurisdiction will not be allowed to sit for another
examination until the applicant has presented satisfactory
evidence to the Board committee of appropriate remedial work as
set forth in the rules and regulations.
    If an applicant neglects, fails or refuses to take an
examination or fails to pass an examination for a license or
otherwise fails to complete the application process under this
Act within 3 years after filing his application, the
application shall be denied. However, such applicant may make a
new application for examination accompanied by the required
fee, and must furnish proof of meeting qualifications for
examination in effect at the time of new application.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (225 ILCS 90/15)  (from Ch. 111, par. 4265)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 15. Restoration of expired licenses. A physical
therapist or physical therapist assistant who has permitted his
or her license to expire or who has had his or her license on
inactive status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness to have his or her license
restored, including sworn evidence certifying to active
practice in another jurisdiction satisfactory to the
Department and by paying the required restoration fee.
    If the physical therapist or physical therapist assistant
has not maintained an active practice in another jurisdiction
satisfactory to the Department, the Board Committee shall
determine, by an evaluation program established by rule his or
her fitness to resume active status and may require the
physical therapist or physical therapist assistant to complete
a period of evaluated clinical experience and may require
successful completion of an examination.
    Any physical therapist or physical therapist assistant
whose license has been expired or placed on inactive status for
more than 5 years may have his or her license restored by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have his
or her license restored, including sworn evidence certifying to
active practice in another jurisdiction and by paying the
required restoration fee.
    However, any physical therapist or physical therapist
assistant whose license has expired while he has been engaged
(1) in the federal service in active duty with the Army of the
United States, the United States Navy, the Marine Corps, the
Air Force, the Coast Guard, or the State Militia called into
the service or training of the United States of America, or (2)
in training or education under the supervision of the United
States preliminary to induction into the military service, may
have his license restored without paying any lapsed renewal
fees or restoration fee, if within 2 years after termination of
such service, training or education, other than by dishonorable
discharge, he furnishes the Department with an affidavit to the
effect that he has been so engaged and that his service,
training or education has been so terminated.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (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 Board 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 Board 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. 93-1010, eff. 8-24-04.)
 
    (225 ILCS 90/19)  (from Ch. 111, par. 4269)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 19. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons holding or claiming to hold a license.
The Department shall, before refusing to issue, to renew or
discipline a license pursuant to Section 17, at least 30 days
prior to the date set for the hearing, notify in writing the
applicant for, or holder of, a license of the nature of the
charges, that a hearing will be held on the date designated,
and direct the applicant or licensee to file a written answer
to the Board under oath within 20 days after the service of the
notice and inform the applicant or licensee that failure to
file an answer will result in default being taken against the
applicant or licensee and that the license or certificate may
be suspended, revoked, placed on probationary status, or other
disciplinary action may be taken, including limiting the scope,
nature or extent of practice, as the Director may deem proper.
Written notice may be served by personal delivery or certified
or registered mail to the respondent at the address of his last
notification to the Department. In case the person fails to
file an answer after receiving notice, his or her license or
certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. At the time and place
fixed in the notice, the Board Committee shall proceed to hear
the charges and the parties or their counsel shall be accorded
ample opportunity to present such statements, testimony,
evidence and argument as may be pertinent to the charges or to
their defense. The Board Committee may continue a hearing from
time to time.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (225 ILCS 90/20)  (from Ch. 111, par. 4270)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 20. Stenographer - Transcript. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue,
renew or discipline of a license. The notice of hearing,
complaint and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of
testimony, the report of the Board Committee and order of the
Department shall be the record of such proceeding.
(Source: P.A. 84-595.)
 
    (225 ILCS 90/22)  (from Ch. 111, par. 4272)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 22. Findings and Recommendations. At the conclusion of
the hearing the Board Committee shall present to the Director a
written report of its findings and recommendations. The report
shall contain a finding whether or not the accused person
violated this Act or failed to comply with the conditions
required in this Act. The Board Committee shall specify the
nature of the violation or failure to comply, and shall make
its recommendations to the Director.
    The report of findings and recommendations of the Board
Committee shall be the basis for the Department's order or
refusal or for the granting of a license or permit unless the
Director shall determine that the Board Committee report is
contrary to the manifest weight of the evidence, in which case
the Director may issue an order in contravention of the Board
Committee report. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for the violation of this
Act.
(Source: P.A. 84-595.)
 
    (225 ILCS 90/23)  (from Ch. 111, par. 4273)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 23. Rehearing. In any case involving the refusal to
issue, renew or discipline of a license, a copy of the Board's
Committee's report shall be served upon the respondent by the
Department, either personally or as provided in this Act for
the service of the notice of hearing. Within 20 days after such
service, the respondent may present to the Department a motion
in writing for a rehearing, which motion shall specify the
particular grounds therefor. If no motion for rehearing is
filed, then upon the expiration of the time specified for
filing such a motion, or if a motion for rehearing is denied,
then upon such denial the Director may enter an order in
accordance with recommendations of the Board Committee except
as provided in Section 22 of this Act. If the respondent shall
order from the reporting service, and pay for a transcript of
the record within the time for filing a motion for rehearing,
the 20 day period within which such a motion may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 90-655, eff. 7-30-98.)
 
    (225 ILCS 90/25)  (from Ch. 111, par. 4275)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 25. Appointment of a Hearing Officer. The Director
shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as the
hearing officer in any action for refusal to issue, renew or
discipline of a license or permit. The hearing officer shall
have full authority to conduct the hearing. At least one member
of the Board Committee shall attend each hearing. The hearing
officer shall report his findings and recommendations to the
Board Committee and the Director. The Board Committee shall
have 60 days from receipt of the report to review the report of
the hearing officer and present their findings of fact,
conclusions of law and recommendations to the Director. If the
Board Committee fails to present its report within the 60 day
period, the Director shall issue an order based on the report
of the hearing officer. If the Director determines that the
Board's Committee's report is contrary to the manifest weight
of the evidence, he may issue an order in contravention of the
Board's Committee's report.
(Source: P.A. 89-387, eff. 1-1-96.)
 
    (225 ILCS 90/26)  (from Ch. 111, par. 4276)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 26. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall
be prima facie proof that:
        (a) the signature is the genuine signature of the
    Director;
        (b) the Director is duly appointed and qualified; and
        (c) the Board Committee and the members thereof are
    qualified to act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 90/27)  (from Ch. 111, par. 4277)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 27. Restoration of Suspended or Revoked License. At
any time after the suspension or revocation of any license, the
Department may restore it to the accused person, upon the
written recommendation of the Board Committee unless after an
investigation and a hearing, the Board Committee determines
that restoration is not in the public interest.
(Source: P.A. 84-595.)
 
    (225 ILCS 90/29)  (from Ch. 111, par. 4279)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 29. Temporary Suspension of a License. The Director
may temporarily suspend the license of a physical therapist or
physical therapist assistant without a hearing, simultaneously
with the institution of proceedings for a hearing provided for
in Section 19 of this Act, if the Director finds that evidence
in his possession indicates that a physical therapist's or a
physical therapist assistant's continuation in practice would
constitute an imminent danger to the public. In the event that
the Director suspends, temporarily, the license of a physical
therapist or physical therapist assistant without a hearing, a
hearing by the Board Committee must be held within 30 calendar
days after such suspension has occurred.
(Source: P.A. 89-387, eff. 1-1-96.)

Effective Date: 1/1/2006