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92nd General Assembly

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Public Act 92-0297

HB3194 Enrolled                                LRB9205124LBgc

    AN ACT concerning the regulation of professions.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Occupational Therapy Practice
Act is amended by changing Section 2 and adding Sections 3.1,
3.2, and 11.1 as follows:

    (225 ILCS 75/2) (from Ch. 111, par. 3702)
    Sec. 2.  Definitions.  In this Act:
    (1)  "Department" means the  Department  of  Professional
Regulation.
    (2)  "Director"   means   the  Director  of  Professional
Regulation.
    (3)  "Board"  means  the  Illinois  Occupational  Therapy
Board appointed by the Director.
    (4)  "Registered occupational therapist" means  a  person
licensed  to practice occupational therapy as defined in this
Act, and whose license is in good standing.
    (5)  "Certified occupational therapy assistant"  means  a
person  licensed  to  assist  in the practice of occupational
therapy under the supervision of  a  registered  occupational
therapist,   and   to   implement  the  occupational  therapy
treatment  program   as   established   by   the   registered
occupational therapist.  Such program may include training in
activities  of  daily living, the use of therapeutic activity
including  task  oriented  activity  to  enhance   functional
performance,  and  guidance  in  the  selection  and  use  of
adaptive equipment.
    (6)  "Occupational  therapy" means the therapeutic use of
purposeful  and  meaningful  occupations   or   goal-directed
activities   to   evaluate   and  provide  interventions  for
individuals and populations who have a disease  or  disorder,
an  impairment,  an  activity  limitation, or a participation
restriction that interferes with their  ability  to  function
independently in their daily life roles and to promote health
and  wellness.  Occupational therapy intervention may include
any of the following:
         (a)  remediation  or  restoration   of   performance
    abilities   that   are   limited  due  to  impairment  in
    biological, physiological, psychological, or neurological
    processes;
         (b)  adaptation of task, process, or the environment
    or the teaching of compensatory techniques  in  order  to
    enhance performance;
         (c)  disability  prevention  methods  and techniques
    that facilitate the development or  safe  application  of
    performance skills; and
         (d)  health  promotion strategies and practices that
    enhance performance abilities.
    The  registered  occupational  therapist   or   certified
occupational  therapy assistant may assume a variety of roles
in  his  or  her  career  including,   but  not  limited  to,
practitioner,  supervisor  of   professional   students   and
volunteers,  researcher,  scholar, consultant, administrator,
faculty, clinical  instructor,  and  educator  of  consumers,
peers, and family.
    (7)  "Occupational  therapy services" means services that
may be provided to  individuals  and  populations  including,
without limitation, the following:
         (a)  evaluating,  developing, improving, sustaining,
    or restoring skills in activities of daily living,  work,
    or  productive  activities, including instrumental living
    and play and leisure activities;
         (b)  evaluating, developing, improving, or restoring
    sensory motor, cognitive, or psychosocial  components  of
    performance;
         (c)  designing,  fabricating,  applying, or training
    in the use of assistive technology or temporary, orthoses
    and training in the use of orthoses and prostheses;
         (d)  adapting environments and processes,  including
    the  application  of  ergonomic  principles,  to  enhance
    performance and safety in daily life roles;
         (e)  for occupational therapists possessing advanced
    training,  skill,  and competency as demonstrated through
    examinations that shall be determined by the  Department,
    applying physical agent modalities as an adjunct to or in
    preparation for engagement in occupations;
         (f)  evaluating   and   providing   intervention  in
    collaboration with  the  client,  family,  caregiver,  or
    others;
         (g)  educating  the  client,  family,  caregiver, or
    others   in   carrying   out    appropriate    nonskilled
    interventions; and
         (h)  consulting      with      groups,     programs,
    organizations, or communities to provide population-based
    services.
    (8)  "An  aide  in   occupational   therapy"   means   an
individual  who  provides supportive services to occupational
therapy  practitioners  but  who  is  not  certified   by   a
nationally  recognized  occupational  therapy  certifying  or
licensing  body.  the  evaluation  of  functional performance
ability of persons impaired by physical  illness  or  injury,
emotional  disorder,  congenital or developmental disability,
or  the  aging  process,  and  the  analysis,  selection  and
application of occupations or goal directed  activities,  for
the  treatment or prevention of these disabilities to achieve
optimum functioning.  Occupational therapy services  include,
but  are not limited to activities of daily living (ADL); the
design fabrication and application or splints, administration
and  interpretation  of  standardized   tests   to   identify
dysfunctions,   sensory-integrative   and   perceptual  motor
activities, the use of task oriented activities, guidance  in
the  selection  and  use  of assistive devices, goal oriented
activities directed toward enhancing functional  performance,
prevocational   evaluation   and   vocational  training,  and
consultation in the adaptation of physical  environments  for
the  handicapped.  These services are provided to individuals
or groups through medical, health,  educational,  and  social
systems.  An occupational therapist may evaluate a person but
shall obtain a referral by a physician  before  treatment  is
administered  by  the occupational therapist. An occupational
therapist shall refer to a licensed  physician,  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 occupational therapist.
(Source: P.A. 88-424.)

    (225 ILCS 75/3.1 new)
    Sec. 3.1. Referrals.  A registered occupational therapist
or certified occupational therapy assistant may consult with,
educate,  evaluate,  and   monitor   services   for   clients
concerning    non-medical    occupational    therapy   needs.
Implementation of direct occupational therapy to  individuals
for their specific health care conditions shall be based upon
a referral from a licensed physician, dentist, podiatrist, or
optometrist.
    An  occupational  therapist  shall  refer  to  a licensed
physician, dentist, optometrist, 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 occupational therapist.

    (225 ILCS 75/3.2 new)
    Sec.  3.2.  Practice  of  optometry.   No  rule  shall be
adopted under this Act that allows an occupational  therapist
to  perform  an act, task, or function primarily performed in
the  lawful  practice  of  optometry   under   the   Illinois
Optometric Practice Act of 1987.

    (225 ILCS 75/3.3 new)
    Sec.  3.3.  Rules.  The Department shall promulgate rules
to define and regulate the activities of occupational therapy
aides.

    (225 ILCS 75/11.1 new)
    Sec.  11.1.  Continuing   education   requirement.    All
renewal  applicants  shall  provide  proof  of having met the
continuing competency requirements set forth in the rules  of
the  Department.   At  a  minimum,  the rules shall require a
renewal applicant to provide proof of completing at least  12
units  of  continuing competency activities during the 2-year
licensing cycle for which he or she  is  currently  licensed.
The  Department  shall provide by rule for an orderly process
for the reinstatement of licenses that have not been  renewed
for  failure  to meet the continuing competency requirements.
The continuing competency requirements may be waived in cases
of extreme hardship as defined by rule.
    The Department  shall  establish  by  rule  a  means  for
verifying   the   completion  of  the  continuing  competency
required  by  this  Section.     This  verification  may   be
accomplished   through   audits   of  records  maintained  by
licensees, by requiring the filing of  continuing  competency
certificates  with  the  Department,  or  by  any other means
established by the Department.

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2002.
    Passed in the General Assembly May 17, 2001.
    Approved August 09, 2001.

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