Public Act 099-0229
SB0837 EnrolledLRB099 03979 HAF 23996 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 4.26 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 Acts repealed on January 1, 2016.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Acts are repealed on January 1, 2016: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 Act repealed on January 1, 2026.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Act is repealed on January 1, 2026: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    (Section scheduled to be repealed on January 1, 2016)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
        (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
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
    (4) "Director" means the Director of Professional
    (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
    (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
    (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
    (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
        (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
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2015