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| Public Act 099-0229 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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Sec. 4.26. Acts repealed on January 1, 2016. The following | ||||
Acts are repealed on January 1, 2016: | ||||
The Illinois Athletic Trainers Practice Act.
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The Illinois Roofing Industry Licensing Act.
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The Illinois Dental Practice Act.
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The Collection Agency Act.
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The Barber, Cosmetology, Esthetics, Hair Braiding, and | ||||
Nail Technology Act of 1985.
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The Respiratory Care Practice Act.
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The Hearing Instrument Consumer Protection Act.
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The Illinois Physical Therapy Act.
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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 Act repealed on January 1, 2026.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Act is repealed on January 1, 2026: | ||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:
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(225 ILCS 90/1) (from Ch. 111, par. 4251)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 1. Definitions. As used in this Act:
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(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.
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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.
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(2) "Physical therapist" means a person who practices | ||
physical therapy
and who has met all requirements as provided | ||
in this Act.
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(3) "Department" means the Department of Professional | ||
Regulation.
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(4) "Director" means the Director of Professional | ||
Regulation.
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(5) "Board" means the Physical Therapy Licensing and | ||
Disciplinary Board approved
by the Director.
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(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.
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(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
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diagnosis shall remain in effect until changed by the | ||
physician, dentist, advanced practice nurse, physician | ||
assistant,
or podiatric physician.
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(8) "State" includes:
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(a) the states of the United States of America;
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(b) the District of Columbia; and
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(c) the Commonwealth of Puerto Rico.
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(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
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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.
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(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.
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(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.
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(Source: P.A. 98-214, eff. 8-9-13.)
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(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.
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(225 ILCS 90/8) (from Ch. 111, par. 4258)
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(Section scheduled to be repealed on January 1, 2016)
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Sec. 8. Qualifications for licensure as a Physical | ||
Therapist.
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(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:
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(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.
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(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.
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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
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university in the United States. The Department may | ||
establish by rule a method
for the completion of course | ||
deficiencies.
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(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.
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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.
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(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.
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(Source: P.A. 94-651, eff. 1-1-06.)
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(225 ILCS 90/12) (from Ch. 111, par. 4262)
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(Section scheduled to be repealed on January 1, 2016)
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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
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physical therapist assistants. The examination shall be | ||
approved by the
Department.
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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.
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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.
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(Source: P.A. 94-651, eff. 1-1-06.)
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(225 ILCS 90/16.2)
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(Section scheduled to be repealed on January 1, 2016)
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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.
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(Source: P.A. 89-387, eff. 1-1-96.)
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(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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