HB3769 104TH GENERAL ASSEMBLY

LRB104 09929 AAS 19999 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3769

Introduced 2/18/2025, by Rep. Bob Morgan

SYNOPSIS AS INTRODUCED:

225 ILCS 75/3.1

Amends the Illinois Occupational Therapy Practice Act. Requires a licensed occupational therapist or licensed occupational therapy assistant who intends to provide services for individuals, groups, and populations concerning occupational therapy needs without a referral to do so within the licensee's scope of practice. Provides that a referral is not required for the purpose of providing consultations, habilitation services, screenings, education, wellness services, preventions services, environmental assessments, and work-related ergonomic services. Provides that, except for occupational therapy services within the licensee's scope of practice at the time of evaluation and services provided pursuant to provisions concerning when referrals are not required, an occupational therapist shall refer a patient to the patient's treating health care professional of record, or to a health care professional of the patient's choosing if there is no health care professional of record, if the patient meets certain criteria. Provides that an occupational therapist shall refer a patient to the patient's treating health care professional of record, or to a health care professional of the patient's choosing if there is no health care professional of record if the patient does not demonstrate measurable or function improvement after 10 visits (rather than after 10 visits or 15 business days, whichever occurs first).

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Occupational Therapy Practice Act is amended by changing Section 3.1 as follows:

(225 ILCS 75/3.1)

(Section scheduled to be repealed on January 1, 2029)

Sec. 3.1. Referrals.

(a) A licensed occupational therapist or licensed occupational therapy assistant may, within the licensee's scope of practice, provide occupational therapy evaluate, initiate, and provide occupational therapy services and consult with, educate, evaluate, and monitor services for individuals, groups, and populations concerning occupational therapy needs without a referral.

(b) (Blank).

(b-5) A referral is not required for the purpose of providing consultation, habilitation, screening, education, wellness, prevention, environmental assessments, and work-related ergonomic services.

(c) Referral from a physician or other health care provider is not required for evaluation or intervention for children and youths if an occupational therapist or occupational therapy assistant provides the services in a school-based or educational environment, including the child's home.

(d) Except for occupational therapy services within the licensee's scope of practice at the time of evaluation and services provided pursuant to subsections (b-5) or (c), an An occupational therapist shall refer a patient to the patient's treating health care professional of record, or to a health care professional of the patient's choosing if there is no health care professional of record, 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 was under the care of an occupational therapist without a diagnosis established by a health care professional of a chronic disease that may benefit from occupational therapy and returns for services for the same or similar condition 30 calendar days after being discharged by the occupational therapist; or

(3) the patient's medical condition, at the time of evaluation or services, is determined to be beyond the scope of practice of the occupational therapist.

(Source: P.A. 103-251, eff. 1-1-24.)