Public Act 099-0229
 
SB0837 EnrolledLRB099 03979 HAF 23996 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Regulatory Sunset Act is amended  by changing 
Section 4.26 and  by adding Section 4.36 as follows:
 
    (5 ILCS 80/4.26)

    Sec. 4.26. Acts repealed on January 1, 2016. The following 
Acts are repealed on January 1, 2016:
    The Illinois Athletic Trainers Practice Act.


    The Illinois Roofing Industry Licensing Act.

    The Illinois Dental Practice Act.


    The Collection Agency Act.


    The Barber, Cosmetology, Esthetics, Hair Braiding, and 
Nail Technology Act of 1985.


    The Respiratory Care Practice Act.

    The Hearing Instrument Consumer Protection Act.


    The Illinois Physical Therapy Act.


    The Professional Geologist Licensing Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; 
96-1246, eff. 1-1-11.)
 
    (5 ILCS 80/4.36 new)
    Sec. 4.36. Act repealed on January 1, 2026. The following 
Act is repealed on January 1, 2026:
    The Illinois Physical Therapy Act.
 
    Section 10. The Illinois Physical Therapy Act is amended  by 
changing Sections 1, 8, 12, and 16.2 and  by adding Sections 
2.5, 19.5, and 31.5 as follows:
 



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


    (Section scheduled to be repealed on January 1, 2016)

    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 
    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 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 nurse, the 
patient's physician assistant, or the
patient's dentist or used 
following the physician's orders or written instructions, and 
(f) supervision or teaching of physical therapy.
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 
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 nurse, physician assistant, dentist, or 
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 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) "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 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 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, but who
has not completed an approved physical 
therapist assistant program.

    (11) "Advanced practice nurse" means a person licensed 
under  the Nurse Practice Act who has a collaborative agreement 
with a collaborating physician that authorizes referrals to 
physical therapists.
    (12) "Physician assistant" means a person licensed under 
the Physician Assistant Practice Act of 1987 who has been 
delegated authority to make referrals to physical therapists.

(Source: P.A. 98-214, eff. 8-9-13.)

 
    (225 ILCS 90/2.5 new)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 2.5. Unlicensed practice; violation; civil penalty.
    (a) In addition to any other penalty provided by law, any 
person who practices, offers to practice, attempts to practice, 
or holds oneself out to practice as a physical therapist or 
assistant without being licensed under this Act shall, in 
addition to any other penalty provided by law, pay a civil 
penalty to the Department in an amount not to exceed $10,000 
for each offense as determined by the Department. The civil 
penalty shall be assessed by the Department after a hearing is 
held in accordance with the provisions set forth in this Act 
regarding the provision of a hearing for the discipline of a 
licensee.
    (b) The Department has the authority and power to 
investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after 
the effective date of the order imposing the civil penalty. The 
order shall constitute a judgment and may be filed and 
execution had thereon in the same manner as any judgment from 
any court of record.
 



    (225 ILCS 90/8)  (from Ch. 111, par. 4258)


    (Section scheduled to be repealed on January 1, 2016)

    Sec. 8. Qualifications for licensure as a Physical 
Therapist. 

    (a) A person is qualified to receive a license
as a 
physical therapist if that person has applied in writing, on 
forms
prescribed by the Department, has paid the required fees, 
and meets all
of the following requirements:


        (1) He or she is at least 21 18 years of age and of good 
    moral character.
In
determining moral character, the 
    Department may take into consideration any
felony 
    conviction of the applicant, but such a conviction shall 
    not operate
automatically as a complete bar to a license.


        (2) He or she has graduated from a curriculum in 
    physical therapy
approved by the Department.  In approving a 
    curriculum in physical therapy,
the Department shall 
    consider, but not be bound by, accreditation by
the 
    Commission on Accreditation in Physical Therapy Education.

    A person who graduated from a physical therapy program 
    outside the United
States or its territories shall have his 
    or her degree validated as equivalent
to a physical therapy 
    degree conferred by a regionally accredited college or

    university in the United States.  The Department may 
    establish by rule a method
for the completion of course 
    deficiencies.


        (3) He or she has passed an examination approved by the 
    Department to
determine
his fitness for practice as a 
    physical therapist, or is entitled to be licensed
without 
    examination as provided in Sections 10 and 11 of this Act.

    A person who graduated from a physical therapy program 
    outside the United
States or its territories and whose 
    first language is not English shall submit
certification of 
    passage of the Test of English as a Foreign Language 
    (TOEFL)
and the Test of Spoken English (TSE) as defined by 
    rule prior to taking the
licensure examination.

    (b) The Department reserves the right and may request a 
personal
interview of an applicant before the Board

to further 
evaluate
his or her qualifications for a license.

(Source: P.A. 94-651, eff. 1-1-06.)

 



    (225 ILCS 90/12)  (from Ch. 111, par. 4262)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 12. Examinations. The Department shall examine 
applicants for
licenses as physical therapists or physical 
therapist assistants at
such times and places as it may 
determine. At least 2 written examinations
shall be given 
during each calendar year for both physical therapists and

physical therapist assistants. The examination shall be 
approved by the
Department.

    Following notification of eligibility for examination, an 
applicant who
fails to take the examination for a license under 
this Act within  60 days of the notification or on the next 
available exam date, if no exam is held within 60 days of the 
notification,
shall forfeit his or her fee and his or her right 
to practice as a physical therapist
or physical therapist 
assistant until such time as the applicant has
passed the 
appropriate examination.
Any applicant failing the examination 
three times in any jurisdiction will
not be allowed to
sit for 
another examination until the applicant has presented 
satisfactory
evidence to the Board of appropriate remedial work 
as set forth in the
rules and regulations.

    If an applicant neglects, fails or refuses to take an 
examination or
fails to pass an examination for a license or 
otherwise fails to complete the
application process under this 
Act within 3 years
after filing his application, the 
application shall be denied.  However,
such applicant may make a 
new application for examination
accompanied by the required 
fee, and must furnish proof of meeting
qualifications for 
examination in effect at the time of new application.

(Source: P.A. 94-651, eff. 1-1-06.)

 



    (225 ILCS 90/16.2)



    (Section scheduled to be repealed on January 1, 2016)

    Sec. 16.2. Deposit of fees and fines; appropriations. All 
fees, penalties, and fines collected under this Act
shall be 
deposited into the General Professions Dedicated Fund and shall 
be .  All moneys in
the Fund shall be used by the Department of 
Professional Regulation, as
appropriated to the Department , 
for the ordinary and contingent expenses of the Department in 
the administration of this Act.

(Source: P.A. 89-387, eff. 1-1-96.)

 
    (225 ILCS 90/19.5 new)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 19.5. Confidentiality.   All information collected by 
the
Department in the course of an examination or investigation 
of              a licensee or applicant, including, but not limited to, any                      
complaint against a licensee filed with the Department and 
information collected to investigate any such complaint, shall 
be
maintained for the confidential use of the Department and 
shall not be disclosed.  The Department may not disclose the 
information to anyone other than law enforcement officials, 
other regulatory agencies that have an appropriate regulatory 
interest as determined by the Secretary of the Department, or a 
party presenting a lawful subpoena to the Department.  
Information and documents disclosed to a federal, State, 
county, or local law enforcement agency shall not be disclosed 
by the agency for any purpose to any other agency or person.  A 
formal complaint filed by the Department against a licensee or 
applicant shall be a public record, except as otherwise 
prohibited by law.
 
    (225 ILCS 90/31.5 new)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 31.5. Suspension of license for failure to pay 
restitution.
     The Department, without further process or 
hearing, shall suspend the license or other authorization to 
practice of any person issued under this Act who has been 
certified by court order as not having paid restitution to a 
person under Section 8A-3.5 of the Illinois Public Aid Code or 
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or 
the Criminal Code of 2012. A person whose license or other 
authorization to practice is suspended under this Section is 
prohibited from practicing until the restitution is made in 
full.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.