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Public Act 099-0229
Public Act 0229 99TH GENERAL ASSEMBLY
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Public Act 099-0229
| | SB0837 Enrolled | LRB099 03979 HAF 23996 b |
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| 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 4.26 and by adding Section 4.36 as follows:
| (5 ILCS 80/4.26)
| Sec. 4.26. Acts repealed on January 1, 2016. The following | Acts are repealed on January 1, 2016: | The Illinois Athletic Trainers Practice Act.
| The Illinois Roofing Industry Licensing Act.
| The Illinois Dental Practice Act.
| The Collection Agency Act.
| The Barber, Cosmetology, Esthetics, Hair Braiding, and | Nail Technology Act of 1985.
| The Respiratory Care Practice Act.
| The Hearing Instrument Consumer Protection Act.
| The Illinois Physical Therapy Act.
| The Professional Geologist Licensing Act. | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 96-1246, eff. 1-1-11.)
| (5 ILCS 80/4.36 new) | Sec. 4.36. Act repealed on January 1, 2026. The following |
| Act is repealed on January 1, 2026: | The Illinois Physical Therapy Act.
| Section 10. The Illinois Physical Therapy Act is amended by | changing Sections 1, 8, 12, and 16.2 and by adding Sections | 2.5, 19.5, and 31.5 as follows:
| (225 ILCS 90/1) (from Ch. 111, par. 4251)
| (Section scheduled to be repealed on January 1, 2016)
| 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.
| 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 podiatric | physicians, (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 either 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 or used | following the physician's orders or written instructions, and | (f) supervision or teaching of physical therapy.
Physical | therapy does not include radiology, electrosurgery, | chiropractic
technique or determination of a differential
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| 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 | podiatric physician, other physical therapist, or other health | care provider 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" means the Physical Therapy Licensing and | Disciplinary Board 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 | podiatric physician 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 podiatric | physician, 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 podiatric physician.
| (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 Nurse Practice 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. 98-214, eff. 8-9-13.)
| (225 ILCS 90/2.5 new) | (Section scheduled to be repealed on January 1, 2026) | Sec. 2.5. Unlicensed practice; violation; civil penalty. | (a) In addition to any other penalty provided by law, any | person who practices, offers to practice, attempts to practice, | or holds oneself out to practice as a physical therapist or | assistant without being licensed under this Act shall, in | addition to any other penalty provided by law, pay a civil | penalty to the Department in an amount not to exceed $10,000 | 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.
| (225 ILCS 90/8) (from Ch. 111, par. 4258)
| (Section scheduled to be repealed on January 1, 2016)
| 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 21 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
to further | evaluate
his or her qualifications for a license.
| (Source: P.A. 94-651, eff. 1-1-06.)
| (225 ILCS 90/12) (from Ch. 111, par. 4262)
| (Section scheduled to be repealed on January 1, 2016)
| 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 examination for a license under | this Act within 60 days of the notification or on the next | available exam date, if no exam is held 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 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. 94-651, eff. 1-1-06.)
|
| (225 ILCS 90/16.2)
| (Section scheduled to be repealed on January 1, 2016)
| Sec. 16.2. Deposit of fees and fines; appropriations. All | fees, penalties, and fines collected under this Act
shall be | deposited into the General Professions Dedicated Fund and shall | be . All moneys in
the Fund shall be used by the Department of | Professional Regulation, as
appropriated to the Department , | for the ordinary and contingent expenses of the Department in | the administration of this Act.
| (Source: P.A. 89-387, eff. 1-1-96.)
| (225 ILCS 90/19.5 new) | (Section scheduled to be repealed on January 1, 2026) | Sec. 19.5. Confidentiality. All information collected by | the
Department in the course of an examination or investigation | of a licensee or applicant, including, but not limited to, any | complaint against a licensee filed with the Department and | information collected to investigate any such complaint, shall | be
maintained for the confidential use of the Department and | shall not be disclosed. The Department may not disclose the | information to anyone other than law enforcement officials, | other regulatory agencies that have an appropriate regulatory | interest as determined by the Secretary of the Department, or a | party presenting a lawful subpoena to the Department. | Information and documents disclosed to a federal, State, | county, or local law enforcement agency shall not be disclosed |
| by the agency for any purpose to any other agency or person. A | formal complaint filed by the Department against a licensee or | applicant shall be a public record, except as otherwise | prohibited by law.
| (225 ILCS 90/31.5 new) | (Section scheduled to be repealed on January 1, 2026) | Sec. 31.5. Suspension of license for failure to pay | restitution.
The Department, without further process or | hearing, shall suspend the license or other authorization to | practice of any person issued under this Act who has been | certified by court order as not having paid restitution to a | person under Section 8A-3.5 of the Illinois Public Aid Code or | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | the Criminal Code of 2012. A person whose license or other | authorization to practice is suspended under this Section is | prohibited from practicing until the restitution is made in | full.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/3/2015
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