Public Act 102-0940
 
HB4629 EnrolledLRB102 22345 SPS 31482 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 Athletic Trainers Practice Act is 
amended  by changing Sections 3, 4, 13, and 16 as follows:
 



    (225 ILCS 5/3)  (from Ch. 111, par. 7603)



    (Section scheduled to be repealed on January 1, 2026)

    Sec. 3. Definitions. As used in this Act:

    (1) "Department" means the Department of Financial and 
Professional Regulation.

    (2) "Secretary" means the Secretary of Financial and 
Professional Regulation.

    (3) "Board" means the Illinois Board of Athletic Trainers 
appointed by the Secretary.

    (4) "Licensed
athletic trainer" means a person licensed to

practice athletic training as defined in this Act and with the 
specific
qualifications set forth in Section 9 of this Act 
who, upon
the
direction or consultation of a his or her team 
physician or consulting
physician,
carries out the practice of 
evaluation, prevention or emergency prevention/emergency care, 
or
physical
reconditioning of injuries incurred by athletes 
participating in
an athletic program conducted by an 
educational institution,
professional athletic organization, 
or sanctioned amateur athletic
organization, performing arts 
setting, clinical setting, or employment setting employing the 
athletic trainer; or a person who, under the
direction of a 
physician, carries out comparable functions for a health

organization-based extramural program of athletic training 
services for
athletes. Specific duties of the athletic trainer 
include, but are not limited
to:


        A. Supervision of the selection, fitting, and 
    maintenance of
protective
equipment;


        B. Provision of assistance to the coaching staff in 
    the development and
implementation of conditioning 
    programs;


        C. Counseling of athletes on nutrition and hygiene;


        D. Supervision of athletic training facility and 
    inspection of playing
facilities;


        E. Selection and maintenance of athletic training 
    equipment and supplies;


        F. (Blank); Instruction and supervision of student 
    trainer staff;


        G. Coordination with a team physician to provide:


            (i) pre-competition physical exam and health 
        history updates,


            (ii) game coverage or phone access to a physician 
        or
paramedic,


            (iii) follow-up injury care,


            (iv) reconditioning programs, and


            (v) assistance on all matters pertaining to the 
        health and
well-being of athletes; .


        H. Provision of on-site injury care and evaluation as 
    well as
appropriate transportation, follow-up treatment 
    and reconditioning rehabilitation as
necessary for all 
    injuries sustained by athletes in the program;


        I. With a physician, determination of when an athlete 
    may safely
return to
full participation post-injury; and


        J. Maintenance of complete and accurate records of all 
    athlete athletic injuries
and treatments rendered; and .

        K. Written reports to a referring individual every 30 
    days services are provided. 
    To carry out these functions the athletic trainer is 
authorized to
utilize modalities, including, but not limited 
to, heat, light, sound, cold, electricity, exercise,
or 
mechanical devices related to
care and reconditioning. An 
athletic trainer may also carry out these functions upon 
receiving a referral. A licensed athletic trainer shall use 
"LAT" or "L.A.T." in connection with the athletic trainer's 
name to denote licensure under this Act. 

    (5) "Referral" means the written authorization for 
athletic trainer services as provided in paragraph (4) 
guidance and direction
given by a the physician, physician 
assistant, advanced practice registered nurse, podiatric 
physician, or dentist, who shall maintain medical supervision 
of the athlete and makes a diagnosis or verifies that the 
patient's condition is such that it may be treated by an 
athletic trainer.

    (6) "Aide" Athletic trainer aide" means a person who has 
received on-the-job training specific to the facility in which 
he or she is employed, on either a paid or volunteer basis, but 
is not enrolled in an accredited athletic training curriculum.

    (7) "Address of record" means the designated address 
recorded by the Department in the applicant's or licensee's 
application file or license file as maintained by the 
Department's licensure maintenance unit. It is the duty of the 
applicant or licensee to inform the Department of any change 
of address, and those changes must be made either through the 
Department's website or by contacting the Department. 
    (8) "Board of Certification" means the Board of 
Certification for the Athletic Trainer. 
    (9)   "Athlete" means a person participating in an activity 
that requires a level of strength, endurance, flexibility, 
range of motion, speed, or agility which may include exercise, 
sports, recreation, wellness, or employment activity.
    (10)    "Physician assistant" means a physician assistant 
licensed to practice under the Physician Assistant Practice 
Act of 1987 in accordance with a written collaborative 
agreement with a physician licensed to practice medicine in 
all of its branches.
    (11)    "Advanced practice registered nurse" means an 
advanced practice registered nurse licensed to practice under 
the Nurse Practice Act. 
(Source: P.A. 99-469, eff. 8-26-15.)

 



    (225 ILCS 5/4)  (from Ch. 111, par. 7604)


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

    Sec. 4. Licensure; exempt activities. No
 person
shall 
provide any of the services set forth in subsection (4) of 
Section 3
of this Act, or use the title "athletic trainer" or

"certified athletic trainer" or "athletic trainer certified" 
or "licensed athletic trainer" or the letters "LAT", "L.A.T.",

"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after the 
athletic trainer's his or her name, unless licensed
under this 
Act.

    Nothing in this Act shall be construed as preventing or 
restricting the
practice, services, or activities of:

        (1) Any person licensed or registered in this State by 
    any other law
from engaging in the profession or 
    occupation for which he or she is
licensed or
registered.

        (2) Any person employed as an athletic trainer by the 
    Government of the
United States, if such person provides 
    athletic training solely under the
direction or control of 
    the organization by which he or she is employed.

        (3) Any person pursuing a course of study leading to a 
    degree or
certificate in athletic training at an 
    accredited educational
program if such activities and 
    services constitute a part of a supervised
course of study 
    involving daily personal or verbal contact at the site of 
    supervision between the athletic training student and the 
    licensed athletic trainer who plans, directs, advises, and 
    evaluates the student's athletic training clinical 
    education. The supervising licensed athletic trainer must 
    be on-site where the athletic training clinical education 
    is being obtained.
A person meeting the criteria under 
    this paragraph (3) must be designated by a title which 
    clearly
indicates his or her status as a student or

    trainee.

        (4) (Blank).

        (5) The practice of athletic training under the 
    supervision of a licensed athletic trainer by one who has 
    applied in writing
to the Department for
licensure and has 
    complied with all the provisions
of Section 9 except the 
    passing of the examination to be eligible to receive
such 
    license. This temporary right to act as an athletic 
    trainer shall expire 3 months after the filing of his or 
    her written application to the Department; when the 
    applicant has been notified of his or her failure to pass 
    the examination authorized by the Department; when the 
    applicant has withdrawn his or her application; when the 
    applicant has received a license from the Department after 
    successfully passing the examination authorized by the 
    Department; or when the applicant has been notified by the 
    Department to cease and desist from practicing, whichever 
    occurs first. This provision shall not apply to an 
    applicant who has previously failed the examination.


        (6) Any person in a coaching position from rendering 
    emergency care on an
as
needed basis to the athletes under 
    his or her supervision when a licensed athletic trainer is 
    not available.

        (7) Any person who is an athletic trainer from another 
    state or territory of the United States or another nation, 
    state, or
territory
acting as an athletic trainer while 
    performing
his or her duties for his or her respective 
    non-Illinois based team or
organization, so long as he or 
    she restricts his or her duties to his
or her team or 
    organization during the course of his or her team's or

    organization's stay in this State. For the purposes of 
    this Act, a team shall be considered based in Illinois if 
    its home contests are held in Illinois, regardless of the 
    location of the team's administrative offices.


        (8) The practice of athletic training by persons 
    licensed in another state who have applied in writing to 
    the Department for licensure by endorsement. This 
    temporary right to act as an athletic trainer shall expire 
    6 months after the filing of his or her written 
    application to the Department; upon the withdrawal of the 
    application for licensure under this Act; upon delivery of 
    a notice of intent to deny the application from the 
    Department; or upon the denial of the application by the 
    Department, whichever occurs first.
        (9) The practice of athletic training by one who has 
    applied in writing to the Department for licensure and has 
    complied with all the provisions of Section 9. This 
    temporary right to act as an athletic trainer shall expire 
    6 months after the filing of his or her written 
    application to the Department; upon the withdrawal of the 
    application for licensure under this Act; upon delivery of 
    a notice of intent to deny the application from the 
    Department; or upon the denial of the application by the 
    Department, whichever occurs first.
        (10) The practice of athletic training by persons 
    actively licensed as an athletic trainer in another state 
    or territory of the United States or another country, or 
    currently certified by the Board of Certification, or its 
    successor entity, at a special athletic tournament or 
    event conducted by a sanctioned amateur athletic 
    organization, including, but not limited to, the Prairie 
    State Games and the Special Olympics, for no more than 14 
    days. This shall not include contests or events that are 
    part of a scheduled series of regular season events.
        (11) Aides Athletic trainer aides from performing 
    patient care activities under the on-site supervision of a 
    licensed athletic trainer. These patient care activities 
    shall not include interpretation of referrals or 
    evaluation procedures, planning or major modifications of 
    patient programs, administration of medication, or solo 
    practice or event coverage without immediate access to a 
    licensed athletic trainer.

        (12)       Persons or entities practicing the specified 
    occupations set forth in subsection (a) of, and  pursuant 
    to a licensing exemption granted in subsection (b) or (d) 
    of, Section 2105-350 of the Department of Professional 
    Regulation Law of the Civil Administrative Code of 
    Illinois, but only for so long as the 2016 Olympic and 
    Paralympic Games Professional Licensure Exemption Law is 
    operable. 
(Source: P.A. 99-469, eff. 8-26-15.)

 



    (225 ILCS 5/13)  (from Ch. 111, par. 7613)



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

    Sec. 13. Endorsement. The Department may, at its 
discretion, license as an athletic trainer, without 
examination, on payment of the required
fee, an
applicant for 
licensure who is an athletic trainer
registered or licensed 
under the laws of another jurisdiction if the requirements

pertaining to
athletic trainers in such jurisdiction were at 
the date of his or her registration
or licensure substantially 
equal to the requirements in force in Illinois on
that date or 
equivalent to the requirements of this Act.

    An applicant for endorsement who has practiced for 10 
consecutive years in another jurisdiction shall meet the 
requirements for licensure by endorsement upon filing an 
application on forms provided by the Department, paying the 
required fee, and showing proof of licensure in another 
jurisdiction for at least 10 consecutive years without 
discipline by certified verification of licensure from the 
jurisdiction in which the applicant practiced. 
    Applicants have 3 years from the date of application to 
complete the
application process.  If the process has not been 
completed in 3
years, the application shall be denied, the fee 
forfeited and the
applicant must reapply and meet the 
requirements in effect at the time of
reapplication.

(Source: P.A. 99-469, eff. 8-26-15.)

 



    (225 ILCS 5/16)  (from Ch. 111, par. 7616)



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

    Sec. 16. Grounds for discipline. 
    (1) The
Department may refuse to issue or renew, or may 
revoke, suspend,
place on probation, reprimand, or take other 
disciplinary
action as the Department may deem proper, 
including fines not to exceed $10,000
 for each violation, with 
regard to any licensee for any one or
combination of the 
following:

        (A) Material misstatement in furnishing information to 
    the
Department;

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

        (C) Conviction of or plea of guilty to any crime under 
    the Criminal Code of 2012 or the laws of any jurisdiction 
    of the United States that is (i) a felony, (ii) a

    misdemeanor, an essential element of which is dishonesty, 
    or (iii) of any crime
that is
directly related to the 
    practice of the profession;

        (D) Fraud or any misrepresentation in applying for or 
    procuring a license under this Act, or in connection with 
    applying for renewal of a license under this Act;

        (E) Professional incompetence or gross negligence;

        (F) Malpractice;

        (G) Aiding or assisting another person, firm, 
    partnership, or corporation in violating any provision of 
    this
Act or rules;

        (H) Failing, within 60 days, to provide information in 
    response to a written
request made by the Department;

        (I) Engaging in dishonorable, unethical, or 
    unprofessional conduct of a
character likely to deceive, 
    defraud or harm the public;

        (J) Habitual or excessive use or abuse of drugs 
    defined in law as controlled substances, alcohol, or any 
    other substance that results in the inability to practice 
    with reasonable judgment, skill, or safety;

        (K) Discipline by another state, unit of government, 
    government agency, the District of Columbia, territory, or 
    foreign
nation, if at least one of the grounds for the 
    discipline is the same
or substantially equivalent to 
    those set forth herein;

        (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 in this subparagraph (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 
    subparagraph (L) shall be construed to require an 
    employment arrangement to receive professional fees for 
    services rendered;

        (M) A finding by the Department that the
licensee 
    after having his or her license disciplined has violated 
    the terms of probation;

        (N) Abandonment of an athlete;

        (O) Willfully making or filing false records or 
    reports in his or her
practice, including but not limited 
    to false records filed with State agencies
or
departments;

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

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

        (R) Solicitation of professional services other than 
    by permitted
institutional policy;

        (S) The use of any words, abbreviations, figures or 
    letters with the
intention of indicating practice as an 
    athletic trainer without a valid
license as an athletic 
    trainer under this Act;

        (T) The evaluation or treatment of ailments of human  
    beings other than by the practice of athletic training as 
    defined in this Act or the treatment of injuries of 
    athletes by a licensed
athletic trainer except by the 
    referral of a physician, physician assistant, advanced 
    practice registered nurse, podiatric physician,
or 
    dentist;

        (U) Willfully violating or knowingly assisting in the 
    violation of any
law of this State relating to the use of 
    habit-forming drugs;

        (V) Willfully violating or knowingly assisting in the 
    violation of any
law
of this State relating to the 
    practice of abortion;

        (W) Continued practice by a person knowingly having an 
    infectious
communicable or contagious disease;

        (X) 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-5)  Failure to provide a monthly report on the 
    patient's progress to the referring physician, physician 
    assistant, advanced practice registered nurse, podiatric 
    physician, or dentist; 
        (Y) (Blank);

        (Z) Failure to fulfill continuing education 
    requirements;

        (AA) Allowing one's license under this Act to be used 
    by an unlicensed person in violation of this Act;
        (BB) Practicing under a false or, except as provided 
    by law, assumed name;
        (CC) Promotion of the sale of drugs, devices, 
    appliances, or goods provided in any manner to exploit the 
    client for the financial gain of the licensee;
        (DD) Gross, willful, or continued overcharging for 
    professional services;
        (EE) Mental illness or disability that results in the 
    inability to practice under this Act with reasonable 
    judgment, skill, or safety; or
        (FF) Cheating on or attempting to subvert the 
    licensing examination administered under this Act; .
        (GG) Violation of the Health Care Worker Self-Referral 
    Act; or
        (HH) Failure by a supervising athletic trainer of an 
    aide to maintain contact, including personal supervision 
    and instruction, to ensure the safety and welfare of an 
    athlete. 
    All fines imposed under this Section shall be paid within 
60 days after the effective date of the order imposing the fine 
or in accordance with the terms set forth in the order imposing 
the fine. 
    (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 licensee is no 
longer subject to involuntary admission or judicial
admission 
and issuance of an order so finding and discharging the 
licensee.

    (3) The Department may refuse to issue or may suspend 
without hearing, as provided for in the Code of Civil 
Procedure, the license of any person who fails to file a 
return, 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 in accordance 
with subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code 
of Illinois.
    (4) In enforcing this Section, the Department, upon a 
showing of a possible violation, may compel any individual who 
is licensed under this Act or any individual who has applied 
for licensure to submit to a mental or physical examination or 
evaluation, or both, which may include a substance abuse or 
sexual offender evaluation, at the expense of the Department. 
The Department shall specifically designate the examining 
physician licensed to practice medicine in all of its branches 
or, if applicable, the multidisciplinary team involved in 
providing the mental or physical examination and evaluation. 
The multidisciplinary team shall be led by a physician 
licensed to practice medicine in all of its branches and may 
consist of one or more or a combination of physicians licensed 
to practice medicine in all of its branches, licensed 
chiropractic physicians, licensed clinical psychologists, 
licensed clinical social workers, licensed clinical 
professional counselors, and other professional and 
administrative staff. Any examining physician or member of the 
multidisciplinary team may require any person ordered to 
submit to an examination and evaluation pursuant to this 
Section to submit to any additional supplemental testing 
deemed necessary to complete any examination or evaluation 
process, including, but not limited to, blood testing, 
urinalysis, psychological testing, or neuropsychological 
testing.
    The Department may order the examining physician or any 
member of the multidisciplinary team to provide to the 
Department any and all records, including business records, 
that relate to the examination and evaluation, including any 
supplemental testing performed. The Department may order the 
examining physician or any member of the multidisciplinary 
team to present testimony concerning this examination and 
evaluation of the licensee or applicant, including testimony 
concerning any supplemental testing or documents relating to 
the examination and evaluation. No information, report, 
record, or other documents in any way related to the 
examination and evaluation shall be excluded by reason of any 
common law or statutory privilege relating to communication 
between the licensee or applicant and the examining physician 
or any member of the multidisciplinary team. No authorization 
is necessary from the licensee or applicant ordered to undergo 
an evaluation and examination for the examining physician or 
any member of the multidisciplinary team to provide 
information, reports, records, or other documents or to 
provide any testimony regarding the examination and 
evaluation. The individual to be examined may have, at his or 
her own expense, another physician of his or her choice 
present during all aspects of the examination.
    Failure of any individual to submit to a mental or 
physical examination or evaluation, or both, when directed, 
shall result in an automatic suspension without hearing, until 
such time as the individual submits to the examination. If the 
Department finds a licensee unable to practice because of the 
reasons set forth in this Section, the Department shall 
require the licensee to submit to care, counseling, or 
treatment by physicians approved or designated by the 
Department as a condition for continued, reinstated, or 
renewed licensure.
    When the Secretary immediately suspends a license under 
this Section, a hearing upon such person's license must be 
convened by the Department within 15 days after the suspension 
and completed without appreciable delay. The Department shall 
have the authority to review the licensee's record of 
treatment and counseling regarding the impairment to the 
extent permitted by applicable federal statutes and 
regulations safeguarding the confidentiality of medical 
records.
    Individuals licensed under this Act who are affected under 
this Section shall be afforded an opportunity to demonstrate 
to the Department that they can resume practice in compliance 
with acceptable and prevailing standards under the provisions 
of their license.
    (5) (Blank).
    (6) In cases where the Department of Healthcare and Family 
Services has previously determined a licensee or a potential 
licensee is more than 30 days delinquent in the payment of 
child support and has subsequently certified the delinquency 
to the Department, the Department may refuse to issue or renew 
or may revoke or suspend that person's license or may take 
other disciplinary action against that person based solely 
upon the certification of delinquency made by the Department 
of Healthcare and Family Services in accordance with paragraph 
(5) of subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code 
of Illinois. 
(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)