Public Act 100-0897
 
HB4643 EnrolledLRB100 18534 XWW 33752 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Physical Therapy Act is amended  by 
changing Sections 1 and 17 and by adding Section 1.2 as 
follows:
 



    (225 ILCS 90/1)  (from Ch. 111, par. 4251)


    (Section scheduled to be repealed on January 1, 2026)

    Sec. 1. Definitions. As used in this Act:

    (1) "Physical therapy" means all of the following:
        (A) Examining, evaluating, and testing individuals who 
    may have mechanical, physiological, or developmental 
    impairments, functional limitations, disabilities, or 
    other health and movement-related conditions, classifying 
    these disorders, determining a rehabilitation prognosis 
    and plan of therapeutic intervention, and assessing the 
    ongoing on-going effects of the interventions.
        (B) Alleviating impairments, functional limitations, 
    or disabilities by designing, implementing, and modifying 
    therapeutic interventions that may include, but are not 
    limited to, the evaluation or treatment of a person through 
    the use of the effective properties of physical measures 
    and heat, cold, light, water, radiant energy, electricity, 
    sound, and air and use of therapeutic massage, therapeutic 
    exercise, mobilization, and rehabilitative procedures, 
    with or without assistive devices, for the purposes of 
    preventing, correcting, or alleviating a physical or 
    mental impairment, functional limitation, or disability.
        (C) Reducing the risk of injury, impairment, 
    functional limitation, or disability, including the 
    promotion and maintenance of fitness, health, and 
    wellness.
        (D) Engaging in administration, consultation, 
    education, and research.


    "Physical therapy"
includes, but is not limited to:  (a) 
performance
of specialized tests and measurements, (b) 
administration of specialized
treatment procedures, (c) 
interpretation of referrals from physicians, dentists, 
advanced practice registered nurses, physician assistants,
and 
podiatric physicians, (d) establishment, and modification of 
physical therapy
treatment programs, (e) administration of 
topical medication used in generally
accepted physical therapy 
procedures when such medication is either prescribed
by the 
patient's physician, licensed to practice medicine in all its 
branches,
the patient's physician licensed to practice 
podiatric medicine, the patient's advanced practice registered 
nurse, the patient's physician assistant, or the
patient's 
dentist or used following the physician's orders or written 
instructions, (f) supervision or teaching of physical therapy, 
and (g) dry needling in accordance with Section 1.5.
"Physical 
therapy" does not include radiology, electrosurgery, 
chiropractic
technique or determination of a differential

diagnosis; provided, however,
the limitation on determining a 
differential diagnosis shall not in any
manner limit a physical 
therapist licensed under this Act from performing
an evaluation 
and establishing a physical therapy treatment plan pursuant to 
such license. Nothing in this Section shall limit
a physical 
therapist from employing appropriate physical therapy 
techniques
that he or she is educated and licensed to perform.  
A physical therapist
shall refer to a licensed physician, 
advanced practice registered nurse, physician assistant, 
dentist, podiatric physician, other physical therapist, or 
other health care provider any patient
whose medical condition 
should, at the time of evaluation or treatment, be
determined 
to be beyond the scope of practice of the physical therapist.

    (2) "Physical therapist" means a person who practices 
physical therapy
and who has met all requirements as provided 
in this Act.

    (3) "Department" means the Department of Professional 
Regulation.

    (4) "Director" means the Director of Professional 
Regulation.

    (5) "Board" means the Physical Therapy Licensing and 
Disciplinary Board approved
by the Director.

    (6) "Referral" means a written or oral authorization for 
physical therapy services for a patient by a physician, 
dentist, advanced practice registered nurse, physician 
assistant, or podiatric physician who maintains medical 
supervision of the patient and makes a diagnosis or verifies 
that the patient's condition is such that it may be treated by 
a physical therapist.

    (7) (Blank). "Documented current and relevant diagnosis" 
for the purpose of
this Act means a diagnosis, substantiated by 
signature or oral verification
of a physician, dentist, 
advanced practice registered nurse, physician assistant, or 
podiatric physician, that a patient's condition is such
that it 
may be treated by physical therapy as defined in this Act, 
which
diagnosis shall remain in effect until changed by the 
physician, dentist, advanced practice registered nurse, 
physician assistant,
or podiatric physician.

    (8) "State" includes:

        (a) the states of the United States of America;

        (b) the District of Columbia; and

        (c) the Commonwealth of Puerto Rico.

    (9) "Physical therapist assistant" means a person licensed 
to assist a
physical therapist and who has met all requirements 
as provided in this Act
and who works under the supervision of 
a licensed physical therapist to assist
in implementing the 
physical therapy treatment program as established by the

licensed physical therapist.  The patient care activities 
provided by the
physical therapist assistant shall not include 
the interpretation of referrals,
evaluation procedures, or the 
planning or major modification of patient programs.

    (10) "Physical therapy aide" means a person who has 
received on
the job training, specific to the facility in which 
he is employed.

    (11) "Advanced practice registered nurse" means a person 
licensed as an advanced practice registered  nurse under  the 
Nurse Practice Act.
    (12) "Physician assistant" means a person licensed under 
the Physician Assistant Practice Act of 1987.

    (13) "Health care professional" means a physician, 
dentist, podiatric physician, advanced practice registered 
nurse, or physician assistant. 
(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; 
99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. 
8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)

 
    (225 ILCS 90/1.2 new)
    Sec. 1.2. Physical therapy services.
    (a)    A physical therapist may provide physical therapy 
services to a patient with or without a referral from a health 
care professional.
    (b)   A physical therapist providing services without a 
referral from a health care professional must notify the 
patient's treating health care professional within 5 business 
days after the patient's first visit that the patient is 
receiving physical therapy. This does not apply to physical 
therapy services related to fitness or wellness, unless the 
patient presents with an ailment or injury.
    (c)   A physical therapist shall refer a patient to the 
patient's treating health care professional of record or, in 
the case where there is no health care professional of record, 
to a health care professional of the patient's choice, if:
        (1)   the patient does not demonstrate measurable or 
    functional improvement after 10 visits or 15 business days, 
    whichever occurs first, and continued improvement 
    thereafter;
        (2)   the patient returns for services for the same or 
    similar condition after 30 calendar days of being 
    discharged by the physical therapist; or
        (3)   the patient's condition, at the time of evaluation 
    or services, is determined to be beyond the scope of 
    practice of the physical therapist.
    (d)   Wound debridement services may only be provided by a 
physical therapist with written authorization from a health 
care professional.
    (e) A physical therapist shall promptly consult and 
collaborate with the appropriate health care professional 
anytime a patient's condition indicates that it may be related 
to temporomandibular disorder so that a diagnosis can be made 
by that health care professional for an appropriate treatment 
plan. 
 


    (225 ILCS 90/17)  (from Ch. 111, par. 4267)



    (Section scheduled to be repealed on January 1, 2026)

    Sec. 17. (1) The Department may refuse to issue or to 
renew, or may
revoke, suspend, place on probation, reprimand, 
or
take other disciplinary action as the Department deems 
appropriate,
including the issuance of fines not to exceed 
$5000, with regard to a
license for any one or a combination of 
the following:

        A. Material misstatement in furnishing information to 
    the Department
or otherwise making misleading, deceptive, 
    untrue, or fraudulent
representations in violation of this 
    Act or otherwise in the practice of
the profession;

        B. Violations of this Act, or of
the rules or 
    regulations promulgated hereunder;

        C. Conviction of any crime under the laws of the United 
    States or any
state or territory thereof which is a felony 
    or which is a misdemeanor,
an essential element of which is 
    dishonesty, or of any crime which is directly
related to 
    the practice of the profession; conviction, as used in this

    paragraph, shall include a finding or verdict of guilty, an 
    admission of
guilt or a plea of nolo contendere;

        D. Making any misrepresentation for the purpose of 
    obtaining licenses,
or violating any provision of this Act 
    or the rules promulgated thereunder
pertaining to 
    advertising;

        E. A pattern of practice or other behavior which 
    demonstrates incapacity
or incompetency to practice under 
    this Act;

        F. Aiding or assisting another person in violating any

    provision of this Act or Rules;

        G. Failing, within 60 days, to provide information in 
    response to a written
request made by the Department;

        H. Engaging in dishonorable, unethical or 
    unprofessional conduct of a
character likely to deceive, 
    defraud or harm the public.  Unprofessional
conduct shall 
    include any departure from or the failure to conform to the

    minimal standards of acceptable and prevailing physical 
    therapy practice,
in which proceeding actual injury to a 
    patient need not be established;

        I. Unlawful distribution of any drug or narcotic, or 
    unlawful
conversion of any drug or narcotic not belonging 
    to the person for such
person's own use or benefit or for 
    other than medically accepted
therapeutic purposes;

        J. Habitual or excessive use or addiction to alcohol, 
    narcotics,
stimulants, or any other chemical agent or drug 
    which results in a physical
therapist's or physical 
    therapist assistant's
inability to practice with 
    reasonable judgment, skill or safety;

        K. Revocation or suspension of a license to practice 
    physical therapy
as a physical therapist or physical 
    therapist assistant or the taking
of other disciplinary 
    action by the proper licensing authority of
another state, 
    territory or country;

        L. Directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership, or association 
    any fee, commission, rebate or other
form of compensation 
    for any professional services not actually or
personally 
    rendered.  Nothing contained in this paragraph prohibits 
    persons holding valid and current licenses under this Act  
    from  practicing  physical therapy in partnership under a 
    partnership agreement, including a limited liability 
    partnership, a limited liability company, or a corporation 
    under the Professional Service Corporation Act or from 
    pooling, sharing, dividing, or apportioning the fees and 
    monies received by them or by the partnership, company, or 
    corporation in accordance with the partnership agreement 
    or the policies of the company or  professional corporation.  
    Nothing in this paragraph (L) affects any bona fide 
    independent contractor or employment  arrangements among 
    health care professionals, health facilities, health care 
    providers, or other entities, except as otherwise 
    prohibited by law.  Any employment arrangements may include 
    provisions  for compensation, health insurance, pension, or 
    other employment benefits for the provision of services 
    within the scope of the licensee's practice under this Act.  
    Nothing in this paragraph (L) shall be construed to require 
    an employment arrangement to receive professional fees for 
    services rendered;

        M. A finding by the Board that the licensee after 
    having his or
her license
placed on probationary status has 
    violated the terms of probation;

        N. Abandonment of a patient;

        O. Willfully failing to report an instance of suspected 
    child abuse or
neglect as required by the Abused and 
    Neglected Child Reporting Act;

        P. Willfully failing to report an instance of suspected 
    elder abuse or
neglect as required by the Elder Abuse 
    Reporting Act;

        Q. Physical illness, including but not limited to, 
    deterioration through
the aging process, or loss of motor 
    skill which results in the inability
to practice the 
    profession with reasonable judgement, skill or safety;

        R. The use of any words (such as physical therapy, 
    physical therapist
physiotherapy or physiotherapist), 
    abbreviations, figures or letters with
the intention of 
    indicating practice as a licensed physical therapist

    without a valid license as a physical therapist issued 
    under this Act;

        S. The use of the term physical therapist assistant, or 
    abbreviations,
figures, or letters with the intention of 
    indicating practice as a physical
therapist assistant 
    without a valid license as a physical therapist
assistant 
    issued under this Act;

        T. Willfully violating or knowingly assisting in the 
    violation of any
law of this State relating to the practice 
    of abortion;

        U. Continued practice by a person knowingly having an 
    infectious,
communicable or contagious disease;

        V. Having treated ailments of human beings otherwise 
    than by
the practice of physical therapy as defined in this 
    Act, or having treated
ailments of human beings as a 
    licensed physical therapist in violation of Section 1.2 
    independent of a
documented referral or a documented 
    current and relevant diagnosis from a
physician, dentist, 
    advanced practice registered nurse, physician assistant, 
    or podiatric physician, or having failed to notify the

    physician, dentist, advanced practice registered nurse, 
    physician assistant, or podiatric physician who 
    established a documented current and
relevant diagnosis 
    that the patient is receiving physical therapy pursuant
to 
    that diagnosis;

        W. Being named as a perpetrator in an indicated report 
    by the
Department of Children and Family Services pursuant 
    to the Abused and
Neglected Child Reporting Act, and upon 
    proof by clear and convincing
evidence that the licensee 
    has caused a child to be an abused child or
neglected child 
    as defined in the Abused and Neglected Child Reporting Act;

        X. Interpretation of referrals, performance of 
    evaluation procedures,
planning or making major 
    modifications of patient programs by a physical
therapist 
    assistant;

        Y. Failure by a physical therapist assistant and 
    supervising physical
therapist to maintain continued 
    contact, including periodic personal
supervision and 
    instruction, to insure safety and welfare of patients;

        Z. Violation of the Health Care Worker Self-Referral 
    Act.

    (2) The determination by a circuit court that a licensee is 
subject to
involuntary admission or judicial admission as 
provided in the Mental Health
and Developmental Disabilities 
Code operates as an automatic suspension.
Such suspension will 
end only upon a finding by a court that the patient is
no 
longer subject to involuntary admission or judicial admission 
and the
issuance of an order so finding and discharging the 
patient; and upon the
recommendation of the Board to the 
Director that the licensee be
allowed to resume his practice.

    (3) The Department may refuse to issue or may suspend the 
license of any
person who fails to file a return, or to pay the 
tax, penalty or interest
shown in a filed return, or to pay any 
final assessment of tax, penalty or
interest, as required by 
any tax Act administered by the Illinois
Department of Revenue, 
until such time as the requirements of any such tax
Act are 
satisfied.

(Source: P.A. 100-513, eff. 1-1-18.)

  
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.