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91_SB0658enr
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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
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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
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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 under the
10 Medical Practice Act of 1987.
11 "Licensed podiatrist" means a person licensed under the
12 Podiatric Medical Practice Act of 1987.
13 "Licensed prosthetist" means a person licensed under this
14 Act to practice prosthetics and who represents himself or
15 herself to the public by title or description of services
16 that includes the term "prosthetic", "prosthetist",
17 "artificial limb", or a similar title or description of
18 services.
19 "Orthosis" means a custom-fabricated or custom-fitted
20 brace or support designed to provide for alignment,
21 correction, or prevention of neuromuscular or musculoskeletal
22 dysfunction, disease, injury, or deformity. "Orthosis" does
23 not include fabric or elastic supports, corsets, arch
24 supports, low-temperature plastic splints, trusses, elastic
25 hoses, canes, crutches, soft cervical collars, dental
26 appliances, or other similar devices carried in stock and
27 sold as "over-the-counter" items by a drug store, department
28 store, corset shop, or surgical supply facility.
29 "Orthotic and Prosthetic Education Program" means a
30 course of instruction accredited by the Commission on
31 Accreditation of Allied Health Education Programs, consisting
32 of (i) a basic curriculum of college level instruction in
33 math, physics, biology, chemistry, and psychology and (ii) a
34 specific curriculum in orthotic or prosthetic courses,
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1 including: (A) lectures covering pertinent anatomy,
2 biomechanics, pathomechanics, prosthetic-orthotic components
3 and materials, training and functional capabilities,
4 prosthetic or orthotic performance evaluation, prescription
5 considerations, etiology of amputations and disease processes
6 necessitating prosthetic or orthotic use, and medical
7 management; (B) subject matter related to pediatric and
8 geriatric problems; (C) instruction in acute care
9 techniques, such as immediate and early post-surgical
10 prosthetics and fracture bracing techniques; and (D)
11 lectures, demonstrations, and laboratory experiences related
12 to the entire process of measuring, casting, fitting,
13 fabricating, aligning, and completing prostheses or orthoses.
14 "Orthotic and prosthetic scope of practice" means a list
15 of tasks, with relative weight given to such factors as
16 importance, criticality, and frequency, based on
17 internationally accepted standards of orthotic and prosthetic
18 care as outlined by the International Society of Prosthetics
19 and Orthotics' professional profile for Category I and
20 Category III orthotic and prosthetic personnel.
21 "Orthotics" means the science and practice of evaluating,
22 measuring, designing, fabricating, assembling, fitting,
23 adjusting, or servicing an orthosis under an order from a
24 licensed physician or podiatrist for the correction or
25 alleviation of neuromuscular or musculoskeletal dysfunction,
26 disease, injury, or deformity.
27 "Orthotist" means a person who measures, designs,
28 fabricates, fits, or services orthoses and assists in the
29 formulation of the order of orthoses as ordered by a licensed
30 physician for the support or correction of disabilities
31 caused by neuro-musculoskeletal diseases, injuries, or
32 deformities.
33 "Over-the-counter" means a prefabricated, mass-produced
34 device that is prepackaged and requires no professional
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1 advice or judgement in either size selection or use,
2 including fabric or elastic supports, corsets, generic arch
3 supports, elastic hoses.
4 "Pedorthic device" means therapeutic footwear, foot
5 orthoses for use at the ankle or below, and modified footwear
6 made for therapeutic purposes. "Pedorthic device" does not
7 include non-therapeutic accommodative inlays or
8 non-therapeutic accommodative footwear, regardless of method
9 of manufacture, shoe modifications made for non-therapeutic
10 purposes, unmodified, over-the-counter shoes, or
11 prefabricated foot care products.
12 "Pedorthic education program" means a course of
13 instruction accredited by the Board for Certification in
14 Pedorthics consisting of (i) a basic curriculum of
15 instruction in foot-related pathology of diseases, anatomy,
16 and biomechanics and (ii) a specific curriculum in pedorthic
17 courses, including lectures covering shoes, foot orthoses,
18 and shoe modifications, pedorthic components and materials,
19 training and functional capabilities, pedorthic performance
20 evaluation, prescription considerations, etiology of disease
21 processes necessitating use of pedorthic devices, medical
22 management, subject matter related to pediatric and geriatric
23 problems, and lectures, demonstrations, and laboratory
24 experiences related to the entire process of measuring and
25 casting, fitting, fabricating, aligning, and completing
26 pedorthic devices.
27 "Pedorthic scope of practice" means a list of tasks with
28 relative weight given to such factors as importance,
29 criticality, and frequency based on nationally accepted
30 standards of pedorthic care as outlined by the Board for
31 Certification in Pedorthics' comprehensive analysis with an
32 empirical validation study of the profession performed by an
33 independent testing company.
34 "Pedorthics" means the science and practice of
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1 evaluating, measuring, designing, fabricating, assembling,
2 fitting, adjusting, or servicing a pedorthic device under an
3 order from a licensed physician or podiatrist for the
4 correction or alleviation of neuromuscular or musculoskeletal
5 dysfunction, disease, injury, or deformity.
6 "Pedorthist" means a person who measures, designs,
7 fabricates, fits, or services pedorthic devices and assists
8 in the formulation of the order of pedorthic devices as
9 ordered by a licensed physician for the support or correction
10 of disabilities caused by neuro-musculoskeletal diseases,
11 injuries, or deformities.
12 "Person" means a natural person.
13 "Prosthesis" means an artificial medical device that is
14 not surgically implanted and that is used to replace a
15 missing limb, appendage, or any other external human body
16 part including an artificial limb, hand, or foot.
17 "Prosthesis" does not include artificial eyes, ears, fingers,
18 or toes, dental appliances, cosmetic devices such as
19 artificial breasts, eyelashes, or wigs, or other devices that
20 do not have a significant impact on the musculoskeletal
21 functions of the body.
22 "Prosthetics" means the science and practice of
23 evaluating, measuring, designing, fabricating, assembling,
24 fitting, adjusting, or servicing a prosthesis under an order
25 from a licensed physician.
26 "Prosthetist" means a person who measures, designs,
27 fabricates, fits, or services prostheses and assists in the
28 formulation of the order of prostheses as ordered by a
29 licensed physician for the replacement of external parts of
30 the human body lost due to amputation or congenital
31 deformities or absences.
32 "Prosthetist/orthotist" means a person who practices both
33 disciplines of prosthetics and orthotics and who represents
34 himself or herself to the public by title or by description
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1 of services.
2 "Resident" means a person who has completed an education
3 program in either orthotics or prosthetics and is continuing
4 his or her clinical education in a residency accredited by
5 the National Commission on Orthotic and Prosthetic Education.
6 "Technician" means a person who assists an orthotist,
7 prosthetist, prosthetist/orthotist, or pedorthist with
8 fabrication of orthoses, prostheses, or pedorthic devices but
9 does not provide direct patient care.
10 Section 15. Exceptions. This Act shall not be construed
11 to prohibit:
12 (1) a physician licensed in this State from engaging in
13 the practice for which he or she is licensed;
14 (2) a person licensed in this State under any other Act
15 from engaging in the practice for which he or she is
16 licensed;
17 (3) the practice of orthotics, prosthetics, or
18 pedorthics by a person who is employed by the federal
19 government or any bureau, division, or agency of the federal
20 government while in the discharge of the employee's official
21 duties;
22 (4) the practice of orthotics, prosthetics, or
23 pedorthics by (i) a student enrolled in a school of
24 orthotics, prosthetics, or pedorthics, (ii) a resident
25 continuing his or her clinical education in a residency
26 accredited by the National Commission on Orthotic and
27 Prosthetic Education, or (iii) a student in a qualified work
28 experience program or internship in pedorthics;
29 (5) the practice of orthotics, prosthetics, or
30 pedorthics by one who is an orthotist, prosthetist, or
31 pedorthist licensed under the laws of another state or
32 territory of the United States or another country and has
33 applied in writing to the Department, in a form and substance
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1 satisfactory to the Department, for a license as orthotist,
2 prosthetist, or pedorthist and who is qualified to receive
3 the license under Section 40 until (i) the expiration of 6
4 months after the filing of the written application, (ii) the
5 withdrawal of the application, or (iii) the denial of the
6 application by the Department;
7 (6) a person licensed by this State as a physical
8 therapist or occupational therapist from engaging in his or
9 her profession; or
10 (7) a physician licensed under the Podiatric Medical
11 Practice Act of 1997 from engaging in his or her profession.
12 Section 20. Powers and duties of the Department.
13 (a) The Department shall exercise the powers and duties
14 prescribed by the Civil Administrative Code of Illinois for
15 the administration of licensure Acts and shall exercise other
16 powers and duties necessary for effectuating the purposes of
17 this Act.
18 (b) The Department may adopt rules to administer and
19 enforce this Act including, but not limited to, fees for
20 original licensure and renewal and restoration of licenses
21 and may prescribe forms to be issued to implement its rules.
22 The Department shall exercise the powers and duties
23 prescribed by this Act. At a minimum, the rules adopted by
24 the Department shall include standards and criteria for
25 licensure and for professional conduct and discipline. The
26 Department shall consult with the Board in adopting rules.
27 Notice of proposed rulemaking shall be transmitted to the
28 Board, and the Department shall review the Board's response
29 and any recommendations made in writing with proper
30 explanation of deviations from the Board's recommendations
31 and response.
32 (c) The Department at any time may seek the expert
33 advice and knowledge of the Board on any matter relating to
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1 the enforcement of this Act.
2 (d) Department may adopt rules as necessary to establish
3 eligibility for facility registration and standards.
4 Section 25. Board of Orthotics, Prosthetics, and
5 Pedorthics.
6 (a) There is established a Board of Orthotics,
7 Prosthetics, and Pedorthics, which shall consist of 6 voting
8 members to be appointed by the Director. Three members shall
9 be practicing licensed orthotists, licensed prosthetists, or
10 licensed pedorthists. These members may be licensed in more
11 than one discipline and their appointments must equally
12 represent all 3 disciplines. One member shall be a member of
13 the public who is a consumer of orthotic, prosthetic, or
14 pedorthic professional services. One member shall be a
15 public member who is not licensed under this Act or a
16 consumer of services licensed under this Act. One member
17 shall be a licensed physician.
18 (b) Each member of the Board shall serve a term of 3
19 years, except that of the initial appointments to the Board,
20 2 members shall be appointed for one year, 2 members shall be
21 appointed for 2 years, and 2 members shall be appointed for 3
22 years. Each member shall hold office and execute his or her
23 Board responsibilities until the qualification and
24 appointment of his or her successor. No member of the Board
25 shall serve more than 8 consecutive years or 2 full terms,
26 whichever is greater.
27 (c) Members of the Board shall receive as compensation a
28 reasonable sum as determined by the Director for each day
29 actually engaged in the duties of the office and shall be
30 reimbursed for reasonable expenses incurred in performing the
31 duties of the office.
32 (d) A quorum of the Board shall consist of a majority of
33 Board members currently appointed.
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1 (e) The Director may terminate the appointment of any
2 member for cause which, in the opinion of the Director
3 reasonably justifies termination, which may include, but is
4 not limited to, a Board member who does not attend 2
5 consecutive meetings.
6 (f) Membership of the Board should reasonably reflect
7 representation from the geographic areas in this State.
8 Section 30. Board; immunity; chairperson.
9 (a) Members of the Board shall be immune from suit in
10 any action based upon any disciplinary proceeding or other
11 activities performed in good faith as members of the Board.
12 (b) The Board shall annually elect a chairperson and
13 vice chairperson who shall be licensed under this Act.
14 Section 35. Application for original license. An
15 application for an original license shall be made to the
16 Department in writing on a form prescribed by the Department
17 and shall be accompanied by the required fee, which shall not
18 be refundable. An application shall require information that
19 in the judgement of the Department will enable the Department
20 to pass on the qualifications of the applicant for a license.
21 Section 40. Qualifications for licensure as orthotist,
22 prosthetist, or pedorthist.
23 (a) To qualify for a license to practice orthotics or
24 prosthetics, a person shall:
25 (1) possess a baccalaureate degree from a college
26 or university;
27 (2) have completed the amount of formal training,
28 including, but not limited to, any hours of classroom
29 education and clinical practice established and approved
30 by the Department;
31 (3) complete a clinical residency in the
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1 professional area for which a license is sought in
2 accordance with standards, guidelines, or procedures for
3 residencies inside or outside this State established and
4 approved by the Department. The majority of training must
5 be devoted to services performed under the supervision of
6 a licensed practitioner of orthotics or prosthetics or a
7 person certified as a Certified Orthotist (CO), Certified
8 Prosthetist (CP), or Certified Prosthetist Orthotist
9 (CPO) whose certification was obtained before the
10 effective date of this Act;
11 (4) pass all written, practical, and oral
12 examinations that are required and approved by the
13 Department; and
14 (5) be qualified to practice in accordance with
15 internationally accepted standards of orthotic and
16 prosthetic care.
17 (b) To qualify for a license to practice pedorthics, a
18 person shall:
19 (1) possess a high school diploma or its
20 equivalent;
21 (2) have completed the amount of formal training,
22 including, but not limited to, any hours of classroom
23 education and clinical practice established and approved
24 by the Department;
25 (3) complete a qualified work experience program or
26 internship in pedorthics in accordance with any
27 standards, guidelines, or procedures established and
28 approved by the Department;
29 (4) pass all examinations that are required and
30 approved by the Department; and
31 (5) be qualified to practice in accordance with
32 nationally accepted standards of pedorthic care.
33 (c) The standards and requirements for licensure
34 established by the Department shall be substantially equal to
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1 or in excess of standards commonly accepted in the profession
2 of orthotics, prosthetics, or pedorthics. The Department
3 shall adopt rules as necessary to set the standards and
4 requirements.
5 (d) A person may be licensed in more than one
6 discipline.
7 Section 45. Examination requirement.
8 (a) The Department may authorize examinations of
9 applicants as orthotists, prosthetists, or pedorthists at
10 times and places as it may determine. The examination of
11 applicants shall be of a character to fairly test the
12 qualifications of the applicant to practice orthotics,
13 prosthetics, or pedorthics.
14 (b) Applicants for examination as orthotists,
15 prosthetists, and pedorthists shall be required to pay,
16 either to the Department or the designated testing service, a
17 fee covering the cost of providing the examination. Failure
18 to appear for the examination on the scheduled date at the
19 time and place specified after the applicant's application
20 for examination has been received and acknowledged by the
21 Department or the designated testing service shall result in
22 the forfeiture of the examination fee.
23 (c) If an applicant neglects, fails, or refuses to take
24 an examination or fails to pass an examination for a license
25 under this Act within 3 years after filing his or her
26 application, the application shall be denied. All fees are
27 nonrefundable. The applicant may make a new application for
28 examination accompanied by the required fee and must furnish
29 proof of meeting qualifications for licensure in effect at
30 the time of new application.
31 (d) The Department shall set by rule the maximum number
32 of attempts that an applicant may make to pass the
33 examination within a specified period of time. The
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1 Department shall also determine any further training required
2 before a reexamination.
3 (e) The Department may employ consultants for the
4 purpose of preparing and conducting examinations. An
5 applicant for an examination as an orthotist, a prosthetist,
6 or pedorthist shall be required to pay, either to the
7 Department or to the designated testing service, a fee
8 covering the cost of providing the examination.
9 Section 50. Assistants; technicians.
10 (a) No person shall work as an assistant to an
11 orthotist, prosthetist, or prosthetist/orthotist and provide
12 patient care services or fabrication of orthoses or
13 prostheses, unless he or she is doing the work under the
14 supervision of a licensed orthotist or prosthetist.
15 (b) No person shall work as a technician, as defined in
16 this Act, unless the work is performed under the supervision
17 of a person licensed under this Act.
18 Section 55. Transition period.
19 (a) Until January 1, 2002, a person certified as a
20 Certified Orthotist (CO), Certified Prosthetist (CP), or
21 Certified Prosthetist Orthotist (CPO) by the American Board
22 for Certification in Prosthetics and Orthotics, Incorporated,
23 or holding similar certifications from other accrediting
24 bodies with equivalent educational requirements and
25 examination standards may apply for and shall be granted
26 orthotic or prosthetic licensure under this Act upon payment
27 of the required fee. After that date, any applicant for
28 licensure as an orthotist or a prosthetist shall meet the
29 requirements of subsection (a) of Section 40 of this Act.
30 (b) Until January 1, 2002, a person certified as a
31 Certified Pedorthist (CPed) by the Board for Certification in
32 Pedorthics, Incorporated, or a person certified as a
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1 Certified Orthotist (CO) or Certified Prosthetist Orthotist
2 (CPO) by the American Board for Certification in Prosthetics
3 and Orthotics, Incorporated, or holding similar
4 certifications from other accrediting bodies with equivalent
5 educational requirements and examination standards may apply
6 for and shall be granted pedorthic licensure under this Act
7 upon payment of the required fee. After that date, any
8 applicant for licensure as a pedorthist shall meet the
9 requirements of subsection (b) of Section 40 of this Act.
10 (c) On and after January 1, 2002, no person shall
11 practice orthotics, prosthetics, or pedorthics in this State
12 or hold himself or herself out as being able to practice
13 either profession, unless he or she is licensed in accordance
14 with Section 40 of this Act.
15 (d) Notwithstanding any other provision of this Section,
16 a person who has practiced full-time for the past 7 years in
17 a prosthetic/orthotic facility as an orthotist, prosthetist,
18 prosthetist/orthotist, assistant, or technician or in a
19 pedorthic facility as a pedorthist or pedorthic technician on
20 the effective date of this Act may file an application with
21 the Board within 60 days after the enforcement of this
22 Section begins pursuant to Section 56 of this Act in order to
23 continue to practice orthotics, prosthetics, or pedorthics at
24 his or her identified level of practice. The applicant
25 shall be issued a license or certificate of registration to
26 practice orthotics, prosthetics, or pedorthics under the
27 provisions of this Act without examination upon receipt by
28 the Department of payment of the licensing or registration
29 fee required under Section 70 of this Act and after the Board
30 has completed an investigation of the applicant's work
31 history. The Board shall complete its investigation for the
32 purposes of this Section within 6 months of the date of the
33 application. The investigation may include, but is not
34 limited to, completion by the applicant of a questionnaire
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1 regarding the applicant's work history and scope of practice.
2 Section 56. Enforcement. The licensure requirements of
3 Sections 40, 50, and 55 shall not be enforced until 12 months
4 after the adoption of final administrative rules for this
5 Act.
6 Section 57. Limitation on provision of care and
7 services. A licensed orthotist or pedorthist may provide
8 care or services only if the care or services are provided
9 pursuant to an order from a licensed physician or podiatrist.
10 A licensed prosthetist may provide care or services only if
11 the care or services are provided pursuant to an order from a
12 licensed physician.
13 Section 60. Renewal; restoration; military service.
14 (a) The expiration date and renewal period for each
15 license issued under this Act shall be set by rule of the
16 Department. The Board shall establish continuing education
17 requirements for the renewal of a license. These
18 requirements shall be based on established standards of
19 competence.
20 (b) A person who has permitted his or her license to
21 expire or who has had his or her license on inactive status
22 may have his or her license restored by (i) making
23 application to the Department, (ii) filing proof acceptable
24 to the Department of his or her fitness to have his or her
25 license restored including, but not limited to, sworn
26 evidence certifying to active practice in another
27 jurisdiction satisfactory to the Department, and (iii) paying
28 the required restoration fee. If the person has not
29 maintained an active practice in another jurisdiction
30 satisfactory to the Department, the Board shall determine, by
31 an evaluation program established by rule, his or her fitness
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1 to resume active status and may require the person to
2 complete a period of evaluated clinical experience and may
3 require successful completion of an examination.
4 (c) A person whose license expired while he or she was
5 (i) in federal service on active duty within the armed forces
6 of the United States or with the State militia called into
7 service or training or (ii) in training or education under
8 the supervision of the United States preliminary to induction
9 into military service may have his or her license renewed or
10 restored without paying a lapsed renewal fee if, within 2
11 years after termination from the service, training, or
12 education except under conditions other than honorable, he or
13 she furnished the Department with satisfactory evidence that
14 he or she has been so engaged and that his or her service,
15 training, or education has been terminated.
16 Section 65. Elective inactive status. A person who
17 notifies the Department in writing on forms prescribed by the
18 Department may elect to place his or her license on an
19 inactive status and shall, subject to rules of the
20 Department, be excused from payment of renewal fees until he
21 or she notifies the Department in writing of his or her
22 desire to resume active status.
23 A person requesting restoration from inactive status
24 shall be required to pay the current renewal fee and shall be
25 required to restore his or her license as provided in Section
26 60 of this Act.
27 An orthotist, prosthetist, or pedorthist whose license is
28 on inactive status shall not practice orthotics, prosthetics,
29 or pedorthics in this State.
30 Section 70. Endorsement. The Department may, at its
31 discretion, license as either an orthotist, prosthetist, or
32 pedorthist, without examination and on payment of the
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1 required fee, an applicant who is an orthotist, prosthetist,
2 or pedorthist who is (i) licensed under the laws of another
3 state, territory, or country, if the requirements for
4 licensure in that state, territory, or country in which the
5 applicant was licensed were, at the date of his or her
6 licensure, substantially equal to the requirements in force
7 in this State on that date or (ii) certified by a national
8 certification organization with educational and testing
9 standards equal to or more stringent than the licensing
10 requirements of this State.
11 Section 75. Fees.
12 (a) The Department shall provide by rule for a schedule
13 of fees to be paid for licenses by all applicants. All fees
14 are not refundable.
15 (b) The fees for the administration and enforcement of
16 this Act including, but not limited to, original licensure,
17 renewal, and restoration shall be set by rule by the
18 Department.
19 (c) All fees and fines collected under this Act shall be
20 deposited into the General Professions Dedicated Fund.
21 Section 80. Roster of licensees and registrants. The
22 Department shall maintain a current roster of the names and
23 addresses of all licensees, registrants, and all persons
24 whose licenses have been suspended or revoked within the
25 previous year. This roster shall be available upon written
26 request and payment of the required fee.
27 Section 85. Practice by corporations. Nothing in this
28 Act shall restrict licensees from forming professional
29 service corporations under the provisions of the Professional
30 Service Corporation Act.
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1 Section 90. Grounds for discipline.
2 (a) The Department may refuse to issue or renew a
3 license, may revoke or suspend a license, or may suspend,
4 place on probation, censure, or reprimand a licensee for one
5 or any combination of the following:
6 (1) Making a material misstatement in furnishing
7 information to the Department or the Board.
8 (2) Violations of or negligent or intentional
9 disregard of this Act or its rules.
10 (3) Conviction of any crime that under the laws of
11 the United States or of a state or territory of the
12 United States is a felony or a misdemeanor, an essential
13 element of which is dishonesty, or of a crime that is
14 directly related to the practice of the profession.
15 (4) Making a misrepresentation for the purpose of
16 obtaining a license.
17 (5) A pattern of practice or other behavior that
18 demonstrates incapacity or incompetence to practice under
19 this Act.
20 (6) Gross negligence under this Act.
21 (7) Aiding or assisting another person in violating
22 a provision of this Act or its rules.
23 (8) Failing to provide information within 60 days
24 in response to a written request made by the Department.
25 (9) Engaging in dishonorable, unethical, or
26 unprofessional conduct or conduct of a character likely
27 to deceive, defraud, or harm the public.
28 (10) Habitual intoxication or addiction to the use
29 of drugs.
30 (11) Discipline by another state or territory of
31 the United States, the federal government, or foreign
32 nation, if at least one of the grounds for the discipline
33 is the same or substantially equivalent to one set forth
34 in this Section.
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1 (12) Directly or indirectly giving to or receiving
2 from a person, firm, corporation, partnership, or
3 association a fee, commission, rebate, or other form of
4 compensation for professional services not actually or
5 personally rendered.
6 (13) A finding by the Board that the licensee or
7 registrant, after having his or her license placed on
8 probationary status, has violated the terms of probation.
9 (14) Abandonment of a patient or client.
10 (15) Wilfully making or filing false records or
11 reports in his or her practice including, but not limited
12 to, false records filed with State agencies or
13 departments.
14 (16) Wilfully failing to report an instance of
15 suspected child abuse or neglect as required by the
16 Abused and Neglected Child Reporting Act.
17 (17) Physical illness including, but not limited
18 to, deterioration through the aging process or loss of
19 motor skill that results in the inability to practice the
20 profession with reasonable judgement, skill, or safety.
21 (18) Solicitation of professional services using
22 false or misleading advertising.
23 (b) The determination by a circuit court that a licensee
24 or registrant is subject to involuntary admission or judicial
25 admission, as provided in the Mental Health and Developmental
26 Disabilities Code, operates as an automatic suspension. The
27 suspension will end only upon (i) a finding by a court that
28 the patient is no longer subject to involuntary admission or
29 judicial admission and the issuance of a court order so
30 finding and discharging the patient and (ii) the
31 recommendation of the Board to the Director that the licensee
32 or registrant be allowed to resume his or her practice.
33 (c) In enforcing this Section, the Department or Board
34 upon a showing of a possible violation may compel an
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1 individual licensed to practice under this Act, or who has
2 applied for licensure under this Act, to submit to a mental
3 or physical examination, or both, as required by and at the
4 expense of the Department. The Department or Board may order
5 the examining physician to present testimony concerning the
6 mental or physical examination of the licensee or applicant.
7 No information shall be excluded by reason of any common law
8 or statutory privilege relating to communications between the
9 licensee or applicant and the examining physician. The
10 examining physicians shall be specifically designated by the
11 Board or Department. The individual to be examined may have,
12 at his or her own expense, another physician of his or her
13 choice present during all aspects of this examination. The
14 examination shall be performed by a physician licensed to
15 practice medicine in all its branches. Failure of an
16 individual to submit to a mental or physical examination,
17 when directed, shall be grounds for suspension of his or her
18 license until the individual submits to the examination if
19 the Department finds, after notice and hearing, that the
20 refusal to submit to the examination was without reasonable
21 cause.
22 If the Department or Board finds an individual unable to
23 practice because of the reasons set forth in this Section,
24 the Department or Board may require that individual to submit
25 to care, counseling, or treatment by physicians approved or
26 designated by the Department or Board, as a condition, term,
27 or restriction for continued, reinstated, or renewed
28 licensure to practice; or, in lieu of care, counseling, or
29 treatment, the Department may file, or the Board may
30 recommend to the Department to file, a complaint to
31 immediately suspend, revoke, or otherwise discipline the
32 license of the individual. An individual whose license was
33 granted, continued, reinstated, renewed, disciplined or
34 supervised subject to such terms, conditions, or
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1 restrictions, and who fails to comply with such terms,
2 conditions, or restrictions, shall be referred to the
3 Director for a determination as to whether the individual
4 shall have his or her license suspended immediately, pending
5 a hearing by the Department.
6 In instances in which the Director immediately suspends a
7 person's license under this Section, a hearing on that
8 person's license must be convened by the Department within 15
9 days after the suspension and completed without appreciable
10 delay. The Department and Board shall have the authority to
11 review the subject individual's record of treatment and
12 counseling regarding the impairment to the extent permitted
13 by applicable federal statutes and regulations safeguarding
14 the confidentiality of medical records.
15 An individual licensed under this Act and affected under
16 this Section shall be afforded an opportunity to demonstrate
17 to the Department or Board that he or she can resume practice
18 in compliance with acceptable and prevailing standards under
19 the provisions of his or her license.
20 Section 95. Injunction; cease and desist order.
21 (a) If any person violates a provision of this Act, the
22 Director may, in the name of the People of the State of
23 Illinois and through the Attorney General of the State of
24 Illinois, petition for an order enjoining the violation or
25 for an order enforcing compliance with this Act. Upon the
26 filing of a verified petition in court, the court may issue a
27 temporary restraining order, without notice or bond, and may
28 preliminarily and permanently enjoin the violation. If it is
29 established that the person has violated or is violating the
30 injunction, the court may punish the offender for contempt of
31 court. Proceedings under this Section shall be in addition
32 to, and not in lieu of, all other remedies and penalties
33 provided by this Act.
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1 (b) If a person practices as an orthotist, prosthetist,
2 or pedorthist or holds himself or herself out as an
3 orthotist, prosthetist, or pedorthist without being licensed
4 or registered under the provisions of this Act, then any
5 other licensed or registered orthotist, prosthetist, or
6 pedorthist, any interested party, or any person injured by
7 the person may, in addition to the Director, petition for
8 relief as provided in subsection (a) of this Section.
9 (c) Whenever in the opinion of the Department a person
10 violates a provision of this Act, the Department may issue a
11 rule to show cause why an order to cease and desist should
12 not be entered against him or her. The rule shall clearly
13 set forth the grounds relied upon by the Department and shall
14 provide a period of 7 days from the date of the rule to file
15 an answer to the satisfaction of the Department. Failure to
16 answer to the satisfaction of the Department shall cause an
17 order to cease and desist to be issued immediately.
18 Section 100. Investigations; notice and hearing. The
19 Department may investigate the actions of an applicant or of
20 a person or persons holding or claiming to hold a license.
21 Before refusing to issue or renew a license, the Department
22 shall, at least 10 days prior to the date set for the
23 hearing, notify in writing the applicant for or holder of a
24 license of the nature of the charges and that a hearing will
25 be held on the date designated. The written notice may be
26 served by personal delivery or by certified or registered
27 mail to the respondent at the address disclosed on his or her
28 last notification to the Department. At the time and place
29 fixed in the notice, the Board shall proceed to hear the
30 charges. The parties or their counsel shall be afforded
31 ample opportunity to present statements, testimony, evidence,
32 and argument that may be pertinent to the charges or to the
33 defense to the charges. The Board may continue the hearing
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1 from time to time.
2 Section 105. Transcript. The Department, at its own
3 expense, shall preserve a record of all proceedings at the
4 formal hearing of a case involving the refusal to issue or
5 renew a license. The notice of hearing, complaint, and all
6 other documents in the nature of pleadings and written
7 motions filed in the proceedings, the transcript of
8 testimony, the report of the Board, and orders of the
9 Department shall be in the record of the proceeding.
10 Section 110. Compelling testimony. A circuit court may,
11 upon application of the Director or his or her designee or
12 the applicant or licensee against whom proceedings under
13 Section 100 of this Act are pending, enter an order requiring
14 the attendance of witnesses and their testimony and requiring
15 the production of documents, papers, files, books, and
16 records in connection with a hearing or investigation. The
17 court may compel obedience to its order through contempt
18 proceedings.
19 Section 115. Board findings and recommendations. At the
20 conclusion of a hearing, the Board shall present to the
21 Director a written report of its findings and
22 recommendations. The report shall contain a finding of
23 whether or not the accused person violated this Act or failed
24 to comply with the conditions required in this Act. The
25 Board shall specify the nature of the violation or failure to
26 comply and shall make its recommendations to the Director.
27 The report of findings and recommendations of the Board shall
28 be the basis for the Department's order for the refusal or
29 for the granting of a license, unless the Director determines
30 that the Board report is contrary to the manifest weight of
31 the evidence, in which case the Director may issue an order
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1 in contravention to the Board report. A Board finding is not
2 admissible in evidence against the person in a criminal
3 prosecution brought for a violation of this Act, but the
4 hearing and finding are not a bar to a criminal prosecution
5 brought for a violation of this Act.
6 Section 120. Motion for rehearing. In any case
7 involving the refusal to issue or renew a license or the
8 discipline of a licensee, a copy of the Board's report shall
9 be served upon the respondent by the Department, either
10 personally or as provided in this Act for the service of the
11 notice of hearing. Within 20 days after service, the
12 respondent may present to the Department a motion in writing
13 for a rehearing, which shall specify the particular grounds
14 for rehearing. If no motion for rehearing is filed, then
15 upon the expiration of the time specified for filing the
16 motion, or if a motion for rehearing is denied, upon the
17 denial, the Director may enter an order in accordance with
18 recommendations of the Board, except as provided in Section
19 115 of this Act. If the respondent orders from the reporting
20 service and pays for a transcript of the record within the
21 time for filing a motion for rehearing, the 20-day period
22 within which the motion may be filed shall commence upon the
23 delivery of the transcript to the respondent.
24 Section 125. Rehearing on order of Director. Whenever
25 the Director is not satisfied that substantial justice has
26 been done in the revocation, suspension, or refusal to issue
27 or renew a license the Director may order a rehearing by the
28 same or other examiners.
29 Section 130. Appointment of hearing officer. The
30 Director shall have the authority to appoint an attorney
31 licensed to practice law in the State of Illinois to serve as
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1 a hearing officer in an action for refusal to issue or renew
2 a license or to discipline a licensee. The hearing officer
3 shall have full authority to conduct the hearing. The
4 hearing officer shall report his or her findings and
5 recommendations to the Board and the Director. The Board
6 shall have 60 days from receipt of the report to review the
7 report of the hearing officer and present its findings of
8 fact, conclusions of law, and recommendations to the
9 Director. If the Board fails to present its report within
10 the 60-day period, the Director shall issue an order based on
11 the report of the hearing officer. If the Director
12 determines that the Board's report is contrary to the
13 manifest weight of the evidence, he or she may issue an order
14 in contravention of the Board's report.
15 Section 135. Order or certified copy. An order or a
16 certified copy of an order, over the seal of the Department
17 and purporting to be signed by the Director, shall be prima
18 facie proof:
19 (1) that the signature is the genuine signature of the
20 Director;
21 (2) that the Director is duly appointed and qualified;
22 and
23 (3) that the Board and its members are qualified to act.
24 Section 140. Restoration of suspended or revoked
25 license. At any time after the suspension or revocation of
26 any license, the Department may restore the license to the
27 accused person upon the written recommendation of the Board
28 unless, after an investigation and a hearing, the Board
29 determines that restoration is not in the public interest.
30 Section 145. Surrender of license. Upon the revocation
31 or suspension of a license, the licensee shall immediately
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1 surrender the license to the Department, and if the licensee
2 fails to do so, the Department shall have the right to seize
3 the license.
4 Section 150. Temporary suspension of a license. The
5 Director may temporarily suspend the license of an orthotist,
6 prosthetist, or pedorthist without a hearing simultaneously
7 with the institution of proceedings for a hearing provided
8 for in Section 95 of this Act if the Director finds that
9 evidence in his or her possession indicates that a licensee's
10 continuation in practice would constitute an imminent danger
11 to the public. If the Director temporarily suspends a
12 license without a hearing, a hearing by the Board must be
13 held within 30 days after the suspension.
14 Section 155. Administrative Review Law; venue. All
15 final administrative decisions of the Department are subject
16 to judicial review pursuant to the provisions of the
17 Administrative Review Law and its rules. The term
18 "administrative decision" has the same meaning as in Section
19 3-101 of the Administrative Review Law. Proceedings for
20 judicial review shall be commenced in the circuit court of
21 the county in which the party applying for review resides,
22 but if the party is not a resident of this State, the venue
23 shall be in Sangamon County.
24 Section 160. Certifications of record; costs. The
25 Department shall not be required to certify any record to the
26 court or file any answer in court or otherwise appear in any
27 court in a judicial review proceeding unless there is filed
28 in the court with the complaint a receipt from the Department
29 acknowledging payment of the costs of furnishing and
30 certifying the record, which shall be computed at the rate of
31 20 cents per page of the record. Failure on the part of a
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1 plaintiff to file a receipt in court shall be grounds for
2 dismissal of the action.
3 Section 165. Penalties. A person who is found to have
4 violated a provision of this Act is guilty of a Class A
5 misdemeanor for a first offense and is guilty of a Class 4
6 felony for a second or subsequent offense.
7 Section 170. Illinois Administrative Procedure Act. The
8 Illinois Administrative Procedure Act is hereby expressly
9 adopted and incorporated in this Act as if all of the
10 provisions of that Act were included in this Act, except that
11 the provision of subsection (d) of Section 10-65 of the
12 Illinois Administrative Procedure Act, which provides that at
13 hearings the licensee has the right to show compliance with
14 all lawful requirements for retention, continuation, or
15 renewal of the license, is specifically excluded and for
16 purposes of this Act. The notice required under Section
17 10-25 of the Illinois Administrative Procedure Act is deemed
18 sufficient when mailed to the last known address of a party.
19 Section 175. Home rule preemption. It is declared to be
20 the public policy of this State, pursuant to paragraph (h) of
21 Section 6 of Article VII of the Illinois Constitution of
22 1970, that a power or function set forth in this Act to be
23 exercised by the State is an exclusive State power or
24 function. No power or function granted under this Act shall
25 be exercised concurrently, either directly or indirectly, by
26 a unit of local government, including home rule units, except
27 as otherwise provided in this Act.
28 Section 250. The Regulatory Sunset Act is amended by
29 adding Section 4.20 as follows:
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1 (5 ILCS 80/4.20 new)
2 Sec. 4.20. Act repealed on January 1, 2010. The following
3 Act is repealed on January 1, 2010:
4 The Illinois Orthotics, Prosthetics, and Pedorthics
5 Practice Act.
6 Section 999. Effective date. This Act takes effect
7 January 1, 2000.
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