[ Back ] [ Bottom ]
91_SB0658
LRB9103047ACtm
1 AN ACT to create the Orthotics, Prosthetics, and
2 Pedorthics Practice Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Orthotics, Prosthetics, and Pedorthics Practice Act.
7 Section 5. Declaration of public policy. The practice
8 of orthotics and prosthetics in the State of Illinois is an
9 allied health profession recognized by the American Medical
10 Association, with educational standards established by the
11 Commission on Accreditation of Allied Health Education
12 Programs. The practice of pedorthics in the State of
13 Illinois is an allied health profession recognized by the
14 American Academy of Orthopaedic Surgeons, with educational
15 standards established by the Board for Certification in
16 Pedorthics. The increasing population of elderly and
17 physically challenged individuals who need orthotic,
18 prosthetic, and pedorthic services requires that the
19 orthotic, prosthetic, and pedorthic professions be regulated
20 to ensure the provision of high-quality services and devices.
21 The people of Illinois deserve the best care available, and
22 will benefit from the assurance of initial and ongoing
23 professional competence of the orthotists, prosthetists, and
24 pedorthists practicing in this State. The practice of
25 orthotics, prosthetics, and pedorthics serves to improve and
26 enhance the lives of individuals with disabilities by
27 enabling them to resume productive lives following serious
28 illness, injury, or trauma. Unregulated dispensing of
29 orthotic, prosthetic, and pedorthic care does not adequately
30 meet the needs or serve the interests of the public. In
31 keeping with State requirements imposed on similar health
-2- LRB9103047ACtm
1 disciplines, licensure of the orthotic, prosthetic, and
2 pedorthic professions will help ensure the health and safety
3 of consumers, as well as maximize their functional abilities
4 and productivity levels. This Act shall be liberally
5 construed to best carry out these subjects and purposes.
6 Section 10. Definitions. As used in this Act:
7 "Assistant" means a person who assists an orthotist,
8 prosthetist, or prosthetist/orthotist with patient care
9 services and fabrication of orthoses or prostheses under the
10 supervision of a licensed orthotist or prosthetist.
11 "Board" means the Board of Orthotics, Prosthetics, and
12 Pedorthics.
13 "Custom" means that an orthosis, prosthesis, or pedorthic
14 device is designed, fabricated, and aligned specifically for
15 one person in accordance with sound biomechanical principles.
16 "Custom fitted" means that a prefabricated orthosis,
17 prosthesis, or pedorthic device is modified and aligned
18 specifically for one person in accordance with sound
19 biomechanical principles.
20 "Department" means the Department of Professional
21 Regulation.
22 "Director" means the Director of Professional Regulation.
23 "Facility" means the business location where orthotic,
24 prosthetic, or pedorthic care is provided and, in the case of
25 an orthotic/prosthetic facility, has the appropriate clinical
26 and laboratory space and equipment to provide comprehensive
27 orthotic or prosthetic care and, in the case of a pedorthic
28 facility, has the appropriate clinical space and equipment to
29 provide pedorthic care. Licensed orthotists, prosthetists,
30 and pedorthists must be available to either provide care or
31 supervise the provision of care by registered staff.
32 "Licensed orthotist" means a person licensed under this
33 Act to practice orthotics and who represents himself or
-3- LRB9103047ACtm
1 herself to the public by title or description of services
2 that includes the term "orthotic", "orthotist", "brace", or a
3 similar title or description of services.
4 "Licensed pedorthist" means a person licensed under this
5 Act to practice pedorthics and who represents himself or
6 herself to the public by the title or description of services
7 that include the term "pedorthic", "pedorthist", or a similar
8 title or description of services.
9 "Licensed physician" means a person licensed to practice
10 medicine in all its branches under the Medical Practice Act
11 of 1987.
12 "Licensed podiatrist" means a person licensed under the
13 Podiatric Medical Practice Act of 1987.
14 "Licensed prosthetist" means a person licensed under this
15 Act to practice prosthetics and who represents himself or
16 herself to the public by title or description of services
17 that includes the term "prosthetic", "prosthetist",
18 "artificial limb", or a similar title or description of
19 services.
20 "Orthosis" means a custom-fabricated or custom-fitted
21 brace or support designed to provide for alignment,
22 correction, or prevention of neuromuscular or musculoskeletal
23 dysfunction, disease, injury, or deformity. "Orthosis" does
24 not include fabric or elastic supports, corsets, arch
25 supports, low-temperature plastic splints, trusses, elastic
26 hoses, canes, crutches, soft cervical collars, dental
27 appliances, or other similar devices carried in stock and
28 sold as "over-the-counter" items by a drug store, department
29 store, corset shop, or surgical supply facility.
30 "Orthotic and Prosthetic Education Program" means a
31 course of instruction accredited by the Commission on
32 Accreditation of Allied Health Education Programs, consisting
33 of (i) a basic curriculum of college level instruction in
34 math, physics, biology, chemistry, and psychology and (ii) a
-4- LRB9103047ACtm
1 specific curriculum in orthotic or prosthetic courses,
2 including: (A) lectures covering pertinent anatomy,
3 biomechanics, pathomechanics, prosthetic-orthotic components
4 and materials, training and functional capabilities,
5 prosthetic or orthotic performance evaluation, prescription
6 considerations, etiology of amputations and disease processes
7 necessitating prosthetic or orthotic use, and medical
8 management; (B) subject matter related to pediatric and
9 geriatric problems; (C) instruction in acute care
10 techniques, such as immediate and early post-surgical
11 prosthetics, fracture bracing, and halo cast techniques; and
12 (D) lectures, demonstrations, and laboratory experiences
13 related to the entire process of measuring, casting, fitting,
14 fabricating, aligning, and completing prostheses or orthoses.
15 "Orthotic and prosthetic scope of practice" means a list
16 of tasks, with relative weight given to such factors as
17 importance, criticality, and frequency, based on
18 internationally accepted standards of orthotic and prosthetic
19 care as outlined by the International Society of Prosthetics
20 and Orthotics' professional profile for Category I and
21 Category III orthotic and prosthetic personnel.
22 "Orthotics" means the science and practice of evaluating,
23 measuring, designing, fabricating, assembling, fitting,
24 adjusting, or servicing an orthosis under an order from a
25 licensed physician, chiropractor, or podiatrist for the
26 correction or alleviation of neuromuscular or musculoskeletal
27 dysfunction, disease, injury, or deformity.
28 "Orthotist" means a person who measures, designs,
29 fabricates, fits, or services orthoses and assists in the
30 formulation of the prescription of orthoses as prescribed by
31 a licensed physician for the support or correction of
32 disabilities caused by neuro-musculoskeletal diseases,
33 injuries, or deformities.
34 "Over-the-counter" means a prefabricated, mass produced
-5- LRB9103047ACtm
1 device that is prepackaged and requires no professional
2 advice or judgement in either size selection or use,
3 including fabric or elastic supports, corsets, generic arch
4 supports, elastic hoses.
5 "Pedorthic device" means therapeutic footwear, foot
6 orthoses for use at the ankle or below, and modified footwear
7 made for therapeutic purposes. "Pedorthic device" does not
8 include non-therapeutic accommodative inlays or
9 non-therapeutic accommodative footwear, regardless of method
10 of manufacture, shoe modifications made for non-therapeutic
11 purposes, unmodified, over-the-counter shoes, or
12 prefabricated foot care products.
13 "Pedorthic education program" means a course of
14 instruction accredited by the Board for Certification in
15 Pedothics consisting of (i) a basic curriculum of instruction
16 in foot related pathology of diseases, anatomy, and
17 biomechanics and (ii) a specific curriculum in pedorthic
18 courses, including, lectures covering shoes, foot orthoses,
19 and shoe modifications, pedorthic components and materials,
20 training and functional capabilities, pedorthic performance
21 evaluation, prescription considerations, etiology of disease
22 processes necessitating use of pedorthic devices, medical
23 management, subject matter related to pediatric and geriatric
24 problems, and lectures demonstrations, and laboratory
25 experiences related to the entire process of measuring and
26 casting, fitting, fabricating, aligning, and completing
27 pedorthic devices.
28 "Pedorthic scope of practice" means a list of tasks with
29 relative weight given to such factors as importance,
30 criticality, and frequency based on nationally accepted
31 standards of pedorthic care as outlined by the Board for
32 Certification in Pedorthics' comprehensive analysis with an
33 empirical validation study of the profession performed by an
34 independent testing company.
-6- LRB9103047ACtm
1 "Pedorthics" means the science and practice of
2 evaluating, measuring, designing, fabricating, assembling,
3 fitting, adjusting, or servicing a pedorthic device under an
4 order from a licensed physician, chiropractor or podiatrist
5 for the correction or alleviation of neuromuscular or
6 musculoskeletal dysfunction, disease, injury, or deformity.
7 "Pedorthist" means a person who measures, designs,
8 fabricates, fits, or services pedorthic devices and assists
9 in the formulation of the prescription of pedorthic devices
10 as prescribed by a licensed physician for the support or
11 correction of disabilities caused by neuro-musculoskeletal
12 diseases, injuries, or deformities.
13 "Person" means a natural person.
14 "Prosthesis" means an artificial medical device that is
15 not surgically implanted and that is used to replace a
16 missing limb, appendage, or any other external human body
17 part including an artificial limb, hand, or foot.
18 "Prosthesis" does not include artificial eyes, ears, fingers,
19 or toes, dental appliances, cosmetic devices such as
20 artificial breasts, eyelashes, or wigs, or other devices that
21 do not have a significant impact on the musculoskeletal
22 functions of the body.
23 "Prosthetics" means the science and practice of
24 evaluating, measuring, designing, fabricating, assembling,
25 fitting, adjusting, or servicing a prosthesis under an order
26 from a licensed physician.
27 "Prosthetist" means a person who measures, designs,
28 fabricates, fits, or services prostheses and assists in the
29 formulation of the prescription of prostheses as prescribed
30 by a licensed physician for the replacement of external parts
31 of the human body lost due to amputation or congenital
32 deformities or absences.
33 "Prosthetist/orthotist" means a person who practices both
34 disciplines of prosthetics and orthotics and who represents
-7- LRB9103047ACtm
1 himself or herself to the public by title or by description
2 of services.
3 "Registered prosthetist/orthotist assistant" means a
4 person registered under this Act who assists a licensed
5 orthotist or prosthetist with patient care services and the
6 fabrication of orthoses or prostheses.
7 "Registered pedorthic technician" means a person
8 registered under this Act who assists a pedorthist with
9 fabrication of pedorthic devices.
10 "Registered prosthetic/orthotic technician" means a
11 person registered under this Act who assists an orthotist or
12 prosthetist with fabrication of orthoses or prostheses.
13 "Resident" means a person who has completed an education
14 program in either orthotics or prosthetics and is continuing
15 his or her clinical education in a residency accredited by
16 the National Commission on Orthotic and Prosthetic Education
17 "Technician" means a person who assists an orthotist,
18 prosthetist, prosthetist/orthotist, or pedorthist with
19 fabrication of orthoses, prostheses, or pedorthic devices but
20 does not provide direct patient care.
21 Section 15. Exceptions. This Act shall not be construed
22 to prohibit:
23 (1) a physician licensed in this State to practice
24 medicine in all its branches from engaging in the practice
25 for which he or she is licensed;
26 (2) a person licensed in this State under any other Act
27 from engaging in the practice for which he or she is
28 licensed;
29 (3) the practice of orthotics, prosthetics, or
30 pedorthics by a person who is employed by the federal
31 government or any bureau, division, or agency of the federal
32 government while in the discharge of the employee's official
33 duties;
-8- LRB9103047ACtm
1 (4) the practice of orthotics, prosthetics, or
2 pedorthics by (i) a student enrolled in a school of
3 orthotics, prosthetics, or pedorthics, (ii) a resident
4 continuing his or her clinical education in a residency
5 accredited by the National Commission on Orthotic and
6 Prosthetic Education, or (iii) a student in a qualified work
7 experience program or internship in pedorthics;
8 (5) the practice of orthotics, prosthetics, or
9 pedorthics by one who is an orthotist, prosthetist, or
10 pedorthist licensed under the laws of another state or
11 territory of the United States or another country and has
12 applied in writing to the Department, in a form and substance
13 satisfactory to the Department, for a license as orthotist,
14 prosthetist, or pedorthist and who is qualified to receive
15 the license under Section 40 until (i) the expiration of 6
16 months after the filing of the written application, (ii) the
17 withdrawal of the application, or (iii) the denial of the
18 application by the Department;
19 (6) a person licensed by this State as a physical
20 therapist or occupational therapist from engaging in the
21 practice of his or her profession; or
22 (7) a physician licensed under the Podiatric Medical
23 Practice Act of 1997 from engaging in his or her profession.
24 Section 20. Powers and duties of the Department.
25 (a) The Department shall exercise the powers and duties
26 prescribed by the Civil Administrative Code of Illinois for
27 the administration of licensure Acts and shall exercise other
28 powers and duties necessary for effectuating the purposes of
29 this Act.
30 (b) The Department may adopt rules to administer and
31 enforce this Act including, but not limited to, fees for
32 original licensure and renewal and restoration of licenses
33 and may prescribe forms to be issued to implement its rules.
-9- LRB9103047ACtm
1 The Department shall exercise the powers and duties
2 prescribed by this Act. At a minimum, the rules adopted by
3 the Department shall include standards and criteria for
4 licensure and for professional conduct and discipline. The
5 Department shall consult with the Board in adopting rules.
6 Notice of proposed rulemaking shall be transmitted to the
7 Board, and the Department shall review the Board's response
8 and any recommendations made in writing with proper
9 explanation of deviations from the Board's recommendations
10 and response.
11 (c) The Department at any time may seek the expert
12 advice and knowledge of the Board on any matter relating to
13 the enforcement of this Act.
14 (d) The Department shall issue a quarterly report to the
15 Board of the status of all complaints related to the
16 profession and filed with the Department.
17 (e) Department may adopt rules as necessary to establish
18 eligibility for facility registration and standards.
19 Section 25. Board of Orthotics, Prosthetics, and
20 Pedorthics.
21 (a) There is established a Board of Orthotics,
22 Prosthetics, and Pedorthics, which shall consist of 7 voting
23 members to be appointed by the Governor. Four members shall
24 be practicing licensed orthotists, licensed prosthetists, or
25 licensed pedorthists. These members may be licensed in more
26 than one discipline and their appointments must equally
27 represent all 3 disciplines. One member shall be a member of
28 the public who is a consumer of orthotic, prosthetic, or
29 pedorthic professional services. One member shall be a
30 public member who is not licensed under this Act or a
31 consumer of services licensed under this Act. One member
32 shall be a licensed physician.
33 (b) Each member of the Board shall serve a term of 3
-10- LRB9103047ACtm
1 years, except that of the initial appointments to the Board,
2 2 members shall be appointed for one year, 2 members shall be
3 appointed for 2 years, and 3 members shall be appointed for 3
4 years. Each member shall hold office and execute his or her
5 Board responsibilities until the qualification and
6 appointment of his or her successor. No member of the Board
7 shall serve more than 8 consecutive years or 2 full terms,
8 whichever is greater.
9 (c) Members of the Board shall receive as compensation a
10 reasonable sum as determined by the Director for each day
11 actually engaged in the duties of the office and shall be
12 reimbursed for reasonable expenses incurred in performing the
13 duties of the office.
14 (d) A quorum of the Board shall consist of a majority of
15 Board members currently appointed.
16 (e) The Governor may terminate the appointment of any
17 member for cause which, in the opinion of the Governor
18 reasonably justifies termination, which may include, but is
19 not limited to, a Board member who does not attend 2
20 consecutive meetings.
21 (f) Membership of the Board should reasonably reflect
22 representation from the geographic areas in this State.
23 Section 30. Board; immunity; chairperson.
24 (a) Members of the Board shall be immune from suit in
25 any action based upon any disciplinary proceeding or other
26 activities performed in good faith as members of the Board.
27 (b) The Board shall annually elect a chairperson and
28 vice chairperson who shall be licensed under this Act.
29 Section 35. Application for original or temporary
30 license. An application for an original or temporary license
31 shall be made to the Department in writing on a form
32 prescribed by the Department and shall be accompanied by the
-11- LRB9103047ACtm
1 required fee, which shall not be refundable. An application
2 shall require information that in the judgement of the
3 Department will enable the Department to pass on the
4 qualifications of the applicant for a license.
5 Section 40. Qualifications for licensure as orthotist,
6 prosthetist, or pedorthist.
7 (a) To qualify for a license to practice orthotics or
8 prosthetics, a person shall:
9 (1) possess a baccalaureate degree from a college
10 or university;
11 (2) have completed the amount of formal training,
12 including, but not limited to, any hours of classroom
13 education and clinical practice established by the
14 Commission on Accreditation of Allied Health Education
15 Programs for an Orthotic and Prosthetic Education
16 Program;
17 (3) complete a clinical residency in the
18 professional area for which a license is sought in
19 accordance with standards, guidelines, or procedures for
20 residencies inside or outside this State established by
21 the National Commission on Orthotic Prosthetic Education
22 or by the Board. The majority of training must be devoted
23 to services performed under the supervision of a licensed
24 practitioner of orthotics or prosthetics or a person
25 certified as a Certified Orthotist (CO), Certified
26 Prosthetist (CP), or Certified Prosthetist Orthotist
27 (CPO) whose certification was obtained before the
28 effective date of this Act;
29 (4) pass all written, practical, and oral
30 examinations that are required and approved by the
31 American Board for Certification in Prosthetics and
32 Orthotics, Incorporated, or hold similar certifications
33 from other accrediting bodies with equivalent educational
-12- LRB9103047ACtm
1 requirements and examination standards in orthotics and
2 prosthetics; or
3 (5) be qualified to practice in accordance with
4 internationally accepted standards of orthotic and
5 prosthetic care as outlined by the International Society
6 of Prosthetics and Orthotics' professional profile for
7 Category I orthotic and prosthetic personnel.
8 (b) To qualify for a license to practice pedorthics, a
9 person shall:
10 (1) possess a high school diploma or its
11 equivalent;
12 (2) have completed the amount of formal training,
13 including, but not limited to, any hours of classroom
14 education and clinical practice established by the Board
15 for Certification in Pedorthics for a Pedorthic Education
16 Program;
17 (3) complete a qualified work experience program or
18 internship in pedorthics in accordance with any
19 standards, guidelines, or procedures established by the
20 Board for Certification in Pedorthics;
21 (4) pass all examinations that are required and
22 approved by the Board for Certification in Pedorthics, or
23 hold similar certifications from other accrediting bodies
24 with equivalent educational requirements and examination
25 standards in pedorthics; and
26 (5) be qualified to practice in accordance with
27 nationally accepted standards of pedorthic care as
28 outlined by the Board for Certification in Pedorthics.
29 (c) The standards and requirements for licensure
30 established by the Department shall be substantially equal to
31 or in excess of standards commonly accepted in the profession
32 of orthotics, prosthetics, or pedorthics. The Department
33 shall adopt rules as necessary to set the standards and
34 requirements.
-13- LRB9103047ACtm
1 (d) A person may be licensed in more than one
2 discipline.
3 Section 45. Examination requirement.
4 (a) The Department may authorize examinations of
5 applicants as orthotists, prosthetists, or pedorthists at
6 times and places as it may determine. The examination of
7 applicants shall be of a character to fairly test the
8 qualifications of the applicant to practice orthotics,
9 prosthetics, or pedorthics.
10 (b) Applicants for examination as orthotists,
11 prosthetists, and pedorthists shall be required to pay,
12 either to the Department or the designated testing service, a
13 fee covering the cost of providing the examination. Failure
14 to appear for the examination on the scheduled date at the
15 time and place specified after the applicant's application
16 for examination has been received and acknowledged by the
17 Department or the designated testing service shall result in
18 the forfeiture of the examination fee.
19 (c) If an applicant neglects, fails, or refuses to take
20 an examination or fails to pass an examination for a license
21 under this Act within 3 years after filing his or her
22 application, the application shall be denied. All fees are
23 nonrefundable. The applicant may make a new application for
24 examination accompanied by the required fee and must furnish
25 proof of meeting qualifications for licensure in effect at
26 the time of new application.
27 (d) The Department shall set by rule the maximum number
28 of attempts that an applicant may make to pass the
29 examination within a specified period of time. The
30 Department shall also determine any further training required
31 before a reexamination.
32 (e) The Department may employ consultants for the
33 purpose of preparing and conducting examinations. An
-14- LRB9103047ACtm
1 applicant for an examination as an orthotist, a prosthetist,
2 or pedorthist shall be required to pay, either to the
3 Department or to the designated testing service, a fee
4 covering the cost of providing the examination.
5 Section 50. Qualifications for registration as an
6 assistant or technician. The Department shall adopt rules as
7 necessary to set standards and requirements for registration
8 to practice orthotics and prosthetics as an assistant or
9 orthotics, prosthetics, and pedorthics as a technician. The
10 Department may authorize examinations of applicants as an
11 orthotic or prosthetic assistant or an orthotic, prosthetic,
12 or pedorthic technician at times and places as it may
13 determine. The examination of applicants shall be of a
14 character to fairly test the qualifications of the applicant
15 to practice orthotics, prosthetics or pedorthics.
16 Section 55. Implementation of Act.
17 (a) Within 6 months after the effective date of this
18 Act, a person practicing orthotics, prosthetics, or
19 pedorthics or representing himself or herself as a
20 practitioner of orthotics, prosthetics, or pedorthics shall
21 register with the Department on forms provided by the
22 Department and shall pay the appropriate registration fee.
23 (b) From one year after the effective date of this Act
24 until January 1, 2002, no person shall engage in the practice
25 of orthotics, prosthetics, or pedorthics without a license or
26 certificate of registration.
27 (c) Until January 1, 2001, a person certified as a
28 Certified Orthotist (CO), Certified Prosthetist (CP), or
29 Certified Prosthetist Orthotist (CPO) by the American Board
30 for Certification in Prosthetics and Orthotics, Incorporated,
31 or holding similar certifications from other accrediting
32 bodies with equivalent educational requirements and
-15- LRB9103047ACtm
1 examination standards may apply for and shall be granted
2 orthotic or prosthetic licensure under this Act upon payment
3 of the required fee. After that date, any applicant for
4 licensure as an orthotist or a prosthetist shall meet the
5 requirements of subsection (a) of Section 40 of this Act.
6 (d) Until January 1, 2001, a person certified as a
7 Certified Pedorthist (CPed) by the Board for Certification in
8 Pedorthics, Incorporated or a person certified as a Certified
9 Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by
10 the American Board for Certification in Prosthetics and
11 Orthotics, Incorporated, or holding similar certifications
12 from other accrediting bodies with equivalent educational
13 requirements and examination standards may apply for and
14 shall be granted pedorthic licensure under this Act upon
15 payment of the required fee. After that date, any applicant
16 for licensure as a pedorthist shall meet the requirements of
17 subsection (b) of Section 40 of this Act.
18 (e) A person who does not qualify for licensure under
19 Section 40 or subsection (c) or (d) of this Section shall not
20 practice orthotics, prosthetics, or pedorthics without a
21 certificate of registration. Until June 30, 2001, the
22 Department shall issue a nonrenewable certificate of
23 registration to an applicant upon payment of a $500 fee. The
24 certificate of registration shall automatically expire on
25 December 31, 2001. A registrant issued a certificate under
26 this subsection (e) shall be subject to the disciplinary
27 provisions of this Act in the same manner as a licensee.
28 (f) On and after December 31, 2001, no person shall
29 practice orthotics, prosthetics, or pedorthics in this State
30 or hold himself or herself out as being able to practice
31 either profession, unless he or she is licensed in accordance
32 with Section 40 of this Act.
33 (g) Notwithstanding any other provision of this Section,
34 a person who has practiced full time for the past 7 years in
-16- LRB9103047ACtm
1 a prosthetic/orthotic facility as an orthotist, prosthetist,
2 prosthetist/orthotist, assistant, or technician or in a
3 pedorthic facility as a pedorthist or pedorthic technician on
4 the effective date of this Act may file an application with
5 the Board within 60 days after the effective date of this Act
6 in order to continue to practice orthotics, prosthetics, or
7 pedorthics at his or her identified level of practice. The
8 applicant shall be issued a license or certificate of
9 registration to practice orthotics, prosthetics, or
10 pedorthics under the provisions of this Act without
11 examination upon receipt by the Department of payment of the
12 licensing or registration fee required under Section 70 of
13 this Act and after the Board has completed an investigation
14 of the applicant's work history. The Board shall complete
15 its investigation for the purposes of this Section within 6
16 months of the date of the application. The investigation may
17 include, but is not limited to, completion by the applicant
18 of a questionnaire regarding the applicant's work history and
19 scope of practice.
20 Section 57. Limitation on provision of care and
21 services. A licensed orthotist or pedorthist may provide
22 care or services only if the care or services are provided
23 pursuant to an order from a licensed physician, chiropractor,
24 or podiatrist. A licensed prosthetist may provide care or
25 services only if the care or services are provided pursuant
26 to an order from a licensed physician.
27 Section 60. Renewal; restoration; military service.
28 (a) The expiration date and renewal period for each
29 license issued under this Act shall be set by rule of the
30 Department. The Board shall establish continuing education
31 requirements for the renewal of a license. These
32 requirements shall be based on established standards of
-17- LRB9103047ACtm
1 competence.
2 (b) A person who has permitted his or her license to
3 expire or who has had his or her license on inactive status
4 may have his or her license restored by (i) making
5 application to the Department, (ii) filing proof acceptable
6 to the Department of his or her fitness to have his or her
7 license restored including, but not limited to, sworn
8 evidence certifying to active practice in another
9 jurisdiction satisfactory to the Department, and (iii) paying
10 the required restoration fee. If the person has not
11 maintained an active practice in another jurisdiction
12 satisfactory to the Department, the Board shall determine, by
13 an evaluation program established by rule, his or her fitness
14 to resume active status and may require the person to
15 complete a period of evaluated clinical experience and may
16 require successful completion of an examination.
17 (c) A person whose license expired while he or she was
18 (i) in federal service on active duty within the armed forces
19 of the United States or with the State militia called into
20 service or training or (ii) in training or education under
21 the supervision of the United States preliminary to induction
22 into military service may have his or her license renewed or
23 restored without paying a lapsed renewal fee if, within 2
24 years after termination from the service, training, or
25 education except under conditions other than honorable, he or
26 she furnished the Department with satisfactory evidence that
27 he or she has been so engaged and that his or her service,
28 training, or education has been terminated.
29 Section 65. Elective inactive status. A person who
30 notifies the Department in writing on forms prescribed by the
31 Department may elect to place his or her license on an
32 inactive status and shall, subject to rules of the
33 Department, be excused from payment of renewal fees until he
-18- LRB9103047ACtm
1 or she notifies the Department in writing of his or her
2 desire to resume active status.
3 A person requesting restoration from inactive status
4 shall be required to pay the current renewal fee and shall be
5 required to restore his or her license as provided in Section
6 60 of this Act.
7 An orthotist, prosthetist, or pedorthist whose license is
8 on inactive status shall not practice orthotics, prosthetics,
9 or pedorthics in this State.
10 Section 70. Endorsement; temporary license.
11 (a) The Department may, at its discretion, license as
12 either an orthotist, prosthetist, or pedorthist, without
13 examination and on payment of the required fee, an applicant
14 who is an orthotist, prosthetist, or pedorthist who is (i)
15 licensed under the laws of another state, territory, or
16 country, if the requirements for licensure in that state,
17 territory, or country in which the applicant was licensed
18 were, at the date of his or her licensure, substantially
19 equal to the requirements in force in this State on that date
20 or (ii) certified by a national certification organization
21 with educational and testing standards equal to or more
22 stringent than the licensing requirements of this State.
23 (b) The Board may issue a temporary license to a person
24 who:
25 (1) has become a resident of this State within the
26 last 6 months or who has moved to this State with the
27 intent to fulfill residency requirements;
28 (2) has applied for a license as an orthotist,
29 prosthetist, or pedorthist; and
30 (3) has been licensed by a state of former
31 residence that has licensing requirements equal to or
32 more stringent than the requirements of this Act.
33 A temporary license shall be valid for one year from the
-19- LRB9103047ACtm
1 date of issuance and may be renewed upon presentation of
2 good cause to the Board for up to one additional year.
3 Section 75. Fees.
4 (a) The Department shall provide by rule for a schedule
5 of fees to be paid for licenses by all applicants. All fees
6 are not refundable.
7 (b) The fees for the administration and enforcement of
8 this Act including, but not limited to, original licensure,
9 renewal, and restoration shall be set by rule by the
10 Department.
11 (c) All fees and fines collected under this Act shall be
12 deposited into the General Professions Dedicated Fund.
13 Section 80. Roster of licensees and registrants. The
14 Department shall maintain a current roster of the names and
15 addresses of all licensees, registrants, and all persons
16 whose licenses have been suspended or revoked within the
17 previous year. This roster shall be available upon written
18 request and payment of the required fee.
19 Section 85. Practice by corporations. Nothing in this
20 Act shall restrict licensees from forming professional
21 service corporations under the provisions of the Professional
22 Service Corporation Act.
23 Section 90. Grounds for discipline.
24 (a) The Department may refuse to issue or renew a
25 license, may revoke or suspend a license, or may suspend,
26 place on probation, censure, or reprimand a licensee for one
27 or any combination of the following:
28 (1) Making a material misstatement in furnishing
29 information to the Department or the Board.
30 (2) Violations of or negligent or intentional
-20- LRB9103047ACtm
1 disregard of this Act or its rules.
2 (3) Conviction of any crime that under the laws of
3 the United States or of a state or territory of the
4 United States is a felony or a misdemeanor, an essential
5 element of which is dishonesty, or of a crime that is
6 directly related to the practice of the profession.
7 (4) Making a misrepresentation for the purpose of
8 obtaining a license.
9 (5) Professional incompetence.
10 (6) Malpractice.
11 (7) Aiding or assisting another person in violating
12 a provision of this Act or its rules.
13 (8) Failing to provide information within 60 days
14 in response to a written request made by the Department.
15 (9) Engaging in dishonorable, unethical, or
16 unprofessional conduct or conduct of a character likely
17 to deceive, defraud, or harm the public.
18 (10) Habitual intoxication or addiction to the use
19 of drugs.
20 (11) Discipline by another state or territory of
21 the United States, the federal government, or foreign
22 nation, if at least one of the grounds for the discipline
23 is the same or substantially equivalent to one set forth
24 in this Section.
25 (12) Directly or indirectly giving to or receiving
26 from a person, firm, corporation, partnership, or
27 association a fee, commission, rebate, or other form of
28 compensation for professional services not actually or
29 personally rendered.
30 (13) A finding by the Board that the licensee or
31 registrant, after having his or her license placed on
32 probationary status, has violated the terms of probation.
33 (14) Abandonment of a patient or client.
34 (15) Wilfully making or filing false records or
-21- LRB9103047ACtm
1 reports in his or her practice including, but not limited
2 to, false records filed with State agencies or
3 departments.
4 (16) Wilfully failing to report an instance of
5 suspected child abuse or neglect as required by the
6 Abused and Neglected Child Reporting Act.
7 (17) Physical illness including, but not limited
8 to, deterioration through the aging process or loss of
9 motor skill that results in the inability to practice the
10 profession with reasonable judgement, skill, or safety.
11 (18) Solicitation of professional services using
12 false or misleading advertising.
13 (b) The determination by a circuit court that a licensee
14 or registrant is subject to involuntary admission or judicial
15 admission, as provided in the Mental Health and Developmental
16 Disabilities Code, operates as an automatic suspension. The
17 suspension will end only upon (i) a finding by a court that
18 the patient is no longer subject to involuntary admission or
19 judicial admission and the issuance of a court order so
20 finding and discharging the patient and (ii) the
21 recommendation of the Board to the Director that the licensee
22 or registrant be allowed to resume his or her practice.
23 Section 95. Injunction; cease and desist order.
24 (a) If any person violates a provision of this Act, the
25 Director may, in the name of the People of the State of
26 Illinois and through the Attorney General of the State of
27 Illinois, petition for an order enjoining the violation or
28 for an order enforcing compliance with this Act. Upon the
29 filing of a verified petition in court, the court may issue a
30 temporary restraining order, without notice or bond, and may
31 preliminarily and permanently enjoin the violation. If it is
32 established that the person has violated or is violating the
33 injunction, the court may punish the offender for contempt of
-22- LRB9103047ACtm
1 court. Proceedings under this Section shall be in addition
2 to, and not in lieu of, all other remedies and penalties
3 provided by this Act.
4 (b) If a person practices as an orthotist, prosthetist,
5 or pedorthist or holds himself or herself out as an
6 orthotist, prosthetist, or pedorthist without being licensed
7 or registered under the provisions of this Act, then any
8 other licensed or registered orthotist, prosthetist, or
9 pedorthist, any interested party, or any person injured by
10 the person may, in addition to the Director, petition for
11 relief as provided in subsection (a) of this Section.
12 (c) Whenever in the opinion of the Department a person
13 violates a provision of this Act, the Department may issue a
14 rule to show cause why an order to cease and desist should
15 not be entered against him or her. The rule shall clearly
16 set forth the grounds relied upon by the Department and shall
17 provide a period of 7 days from the date of the rule to file
18 an answer to the satisfaction of the Department. Failure to
19 answer to the satisfaction of the Department shall cause an
20 order to cease and desist to be issued immediately.
21 Section 100. Investigations; notice and hearing. The
22 Department may investigate the actions of an applicant or of
23 a person or persons holding or claiming to hold a license.
24 Before refusing to issue or renew a license, the Department
25 shall, at least 10 days prior to the date set for the
26 hearing, notify in writing the applicant for or holder of a
27 license of the nature of the charges and that a hearing will
28 be held on the date designated. The written notice may be
29 served by personal delivery or by certified or registered
30 mail to the respondent at the address disclosed on his or her
31 last notification to the Department. At the time and place
32 fixed in the notice, the Board shall proceed to hear the
33 charges. The parties or their counsel shall be afforded
-23- LRB9103047ACtm
1 ample opportunity to present statements, testimony, evidence,
2 and argument that may be pertinent to the charges or to the
3 defense to the charges. The Board may continue the hearing
4 from time to time.
5 Section 105. Transcript. The Department, at its own
6 expense, shall preserve a record of all proceedings at the
7 formal hearing of a case involving the refusal to issue or
8 renew a license. The notice of hearing, complaint, and all
9 other documents in the nature of pleadings and written
10 motions filed in the proceedings, the transcript of
11 testimony, the report of the Board, and orders of the
12 Department shall be in the record of the proceeding.
13 Section 110. Compelling testimony. A circuit court may,
14 upon application of the Director or his or her designee or
15 the applicant or licensee against whom proceedings under
16 Section 100 of this Act are pending, enter an order requiring
17 the attendance of witnesses and their testimony and requiring
18 the production of documents, papers, files, books, and
19 records in connection with a hearing or investigation. The
20 court may compel obedience to its order through contempt
21 proceedings.
22 Section 115. Board findings and recommendations. At the
23 conclusion of a hearing, the Board shall present to the
24 Director a written report of its findings and
25 recommendations. The report shall contain a finding of
26 whether or not the accused person violated this Act or failed
27 to comply with the conditions required in this Act. The
28 Board shall specify the nature of the violation or failure to
29 comply and shall make its recommendations to the Director.
30 The report of findings and recommendations of the Board shall
31 be the basis for the Department's order for the refusal or
-24- LRB9103047ACtm
1 for the granting of a license, unless the Director determines
2 that the Board report is contrary to the manifest weight of
3 the evidence, in which case the Director may issue an order
4 in contravention to the Board report. A Board finding is not
5 admissible in evidence against the person in a criminal
6 prosecution brought for a violation of this Act, but the
7 hearing and finding are not a bar to a criminal prosecution
8 brought for a violation of this Act.
9 Section 120. Motion for rehearing. In any case
10 involving the refusal to issue or renew a license or the
11 discipline of a licensee, a copy of the Board's report shall
12 be served upon the respondent by the Department, either
13 personally or as provided in this Act for the service of the
14 notice of hearing. Within 20 days after service, the
15 respondent may present to the Department a motion in writing
16 for a rehearing, which shall specify the particular grounds
17 for rehearing. If no motion for rehearing is filed, then
18 upon the expiration of the time specified for filing the
19 motion, or if a motion for rehearing is denied, upon the
20 denial, the Director may enter an order in accordance with
21 recommendations of the Board, except as provided in Section
22 115 of this Act. If the respondent orders from the reporting
23 service and pays for a transcript of the record within the
24 time for filing a motion for rehearing, the 20-day period
25 within which the motion may be filed shall commence upon the
26 delivery of the transcript to the respondent.
27 Section 125. Rehearing on order of Director. Whenever
28 the Director is not satisfied that substantial justice has
29 been done in the revocation, suspension, or refusal to issue
30 or renew a license the Director may order a rehearing by the
31 same or other examiners.
-25- LRB9103047ACtm
1 Section 130. Appointment of hearing officer. The
2 Director shall have the authority to appoint an attorney
3 licensed to practice law in the State of Illinois to serve as
4 a hearing officer in an action for refusal to issue or renew
5 a license or to discipline a licensee. The hearing officer
6 shall have full authority to conduct the hearing. The
7 hearing officer shall report his or her findings and
8 recommendations to the Board and the Director. The Board
9 shall have 60 days from receipt of the report to review the
10 report of the hearing officer and present its findings of
11 fact, conclusions of law, and recommendations to the
12 Director. If the Board fails to present its report within
13 the 60-day period, the Director shall issue an order based on
14 the report of the hearing officer. If the Director
15 determines that the Board's report is contrary to the
16 manifest weight of the evidence, he or she may issue an order
17 in contravention of the Board's report.
18 Section 135. Order or certified copy. An order or a
19 certified copy of an order, over the seal of the Department
20 and purporting to be signed by the Director, shall be prima
21 facie proof:
22 (1) that the signature is the genuine signature of the
23 Director;
24 (2) that the Director is duly appointed and qualified;
25 and
26 (3) that the Board and its members are qualified to act.
27 Section 140. Restoration of suspended or revoked
28 license. At any time after the suspension or revocation of
29 any license, the Department may restore the license to the
30 accused person upon the written recommendation of the Board
31 unless, after an investigation and a hearing, the Board
32 determines that restoration is not in the public interest.
-26- LRB9103047ACtm
1 Section 145. Surrender of license. Upon the revocation
2 or suspension of a license, the licensee shall immediately
3 surrender the license to the Department, and if the licensee
4 fails to do so, the Department shall have the right to seize
5 the license.
6 Section 150. Temporary suspension of a license. The
7 Director may temporarily suspend the license of an orthotist,
8 prosthetist, or pedorthist without a hearing simultaneously
9 with the institution of proceedings for a hearing provided
10 for in Section 95 of this Act if the Director finds that
11 evidence in his or her possession indicates that a licensee's
12 continuation in practice would constitute an imminent danger
13 to the public. If the Director temporarily suspends a
14 license without a hearing, a hearing by the Board must be
15 held within 30 days after the suspension.
16 Section 155. Administrative Review Law; venue. All
17 final administrative decisions of the Department are subject
18 to judicial review pursuant to the provisions of the
19 Administrative Review Law and its rules. The term
20 "administrative decision" has the same meaning as in Section
21 3-101 of the Administrative Review Law. Proceedings for
22 judicial review shall be commenced in the circuit court of
23 the county in which the party applying for review resides,
24 but if the party is not a resident of this State, the venue
25 shall be in Sangamon County.
26 Section 160. Certifications of record; costs. The
27 Department shall not be required to certify any record to the
28 Court or file any answer in court or otherwise appear in any
29 court in a judicial review proceeding unless there is filed
30 in the court with the complaint a receipt from the Department
31 acknowledging payment of the costs of furnishing and
-27- LRB9103047ACtm
1 certifying the record, which shall be computed at the rate of
2 20 cents per page of the record. Failure on the part of a
3 plaintiff to file a receipt in court shall be grounds for
4 dismissal of the action.
5 Section 165. Penalties. A person who is found to have
6 violated a provision of this Act is guilty of a Class A
7 misdemeanor for a first offense and is guilty of a Class 4
8 felony for a second or subsequent offense.
9 Section 170. Illinois Administrative Procedure Act. The
10 Illinois Administrative Procedure Act is hereby expressly
11 adopted and incorporated in this Act as if all of the
12 provisions of that Act were included in this Act, except that
13 the provision of subsection (d) of Section 10-65 of the
14 Illinois Administrative Procedure Act, which provides that at
15 hearings the licensee has the right to show compliance with
16 all lawful requirements for retention, continuation, or
17 renewal of the license, is specifically excluded and for
18 purposes of this Act. The notice required under Section
19 10-25 of the Illinois Administrative Procedure Act is deemed
20 sufficient when mailed to the last known address of a party.
21 Section 175. Home rule preemption. It is declared to be
22 the public policy of this State, pursuant to paragraph (h) of
23 Section 6 of Article VII of the Illinois Constitution of 1970
24 that a power or function set forth in this Act to be
25 exercised by the State is an exclusive State power or
26 function. No power or function granted under this Act shall
27 be exercised concurrently, either directly or indirectly, by
28 a unit of local government, including home rule units, except
29 as otherwise provided in this Act.
30 Section 250. The Regulatory Sunset Act is amended by
-28- LRB9103047ACtm
1 adding Section 4.20 as follows:
2 (5 ILCS 80/4.20 new)
3 Sec. 4.20. Act repealed on January 1, 2010. The following
4 Act is repealed on January 1, 2010:
5 The Illinois Orthotics, Prosthetics, and Pedorthics
6 Practice Act.
7 Section 999. Effective date. This Act takes effect
8 January 1, 2000.
[ Top ]