HB4629 EngrossedLRB102 22345 SPS 31482 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Athletic Trainers Practice Act is
5amended by changing Sections 3, 4, 13, and 16 as follows:
6    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 3. Definitions. As used in this Act:
9    (1) "Department" means the Department of Financial and
10Professional Regulation.
11    (2) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (3) "Board" means the Illinois Board of Athletic Trainers
14appointed by the Secretary.
15    (4) "Licensed athletic trainer" means a person licensed to
16practice athletic training as defined in this Act and with the
17specific qualifications set forth in Section 9 of this Act
18who, upon the direction or consultation of a his or her team
19physician or consulting physician, carries out the practice of
20evaluation, prevention or emergency prevention/emergency care,
21or physical reconditioning of injuries incurred by athletes
22participating in an athletic program conducted by an
23educational institution, professional athletic organization,



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1or sanctioned amateur athletic organization, performing arts
2setting, clinical setting, or employment setting employing the
3athletic trainer; or a person who, under the direction of a
4physician, carries out comparable functions for a health
5organization-based extramural program of athletic training
6services for athletes. Specific duties of the athletic trainer
7include, but are not limited to:
8        A. Supervision of the selection, fitting, and
9    maintenance of protective equipment;
10        B. Provision of assistance to the coaching staff in
11    the development and implementation of conditioning
12    programs;
13        C. Counseling of athletes on nutrition and hygiene;
14        D. Supervision of athletic training facility and
15    inspection of playing facilities;
16        E. Selection and maintenance of athletic training
17    equipment and supplies;
18        F. (Blank); Instruction and supervision of student
19    trainer staff;
20        G. Coordination with a team physician to provide:
21            (i) pre-competition physical exam and health
22        history updates,
23            (ii) game coverage or phone access to a physician
24        or paramedic,
25            (iii) follow-up injury care,
26            (iv) reconditioning programs, and



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1            (v) assistance on all matters pertaining to the
2        health and well-being of athletes; .
3        H. Provision of on-site injury care and evaluation as
4    well as appropriate transportation, follow-up treatment
5    and reconditioning rehabilitation as necessary for all
6    injuries sustained by athletes in the program;
7        I. With a physician, determination of when an athlete
8    may safely return to full participation post-injury; and
9        J. Maintenance of complete and accurate records of all
10    athlete athletic injuries and treatments rendered; and .
11        K. Written reports to a referring individual every 30
12    days services are provided.
13    To carry out these functions the athletic trainer is
14authorized to utilize modalities, including, but not limited
15to, heat, light, sound, cold, electricity, exercise, or
16mechanical devices related to care and reconditioning. An
17athletic trainer may also carry out these functions upon
18receiving a referral. A licensed athletic trainer shall use
19"LAT" or "L.A.T." in connection with the athletic trainer's
20name to denote licensure under this Act.
21    (5) "Referral" means the written authorization for
22athletic trainer services as provided in paragraph (4)
23guidance and direction given by a the physician, physician
24assistant, advanced practice registered nurse, podiatric
25physician, or dentist, who shall maintain medical supervision
26of the athlete and makes a diagnosis or verifies that the



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1patient's condition is such that it may be treated by an
2athletic trainer.
3    (6) "Aide" Athletic trainer aide" means a person who has
4received on-the-job training specific to the facility in which
5he or she is employed, on either a paid or volunteer basis, but
6is not enrolled in an accredited athletic training curriculum.
7    (7) "Address of record" means the designated address
8recorded by the Department in the applicant's or licensee's
9application file or license file as maintained by the
10Department's licensure maintenance unit. It is the duty of the
11applicant or licensee to inform the Department of any change
12of address, and those changes must be made either through the
13Department's website or by contacting the Department.
14    (8) "Board of Certification" means the Board of
15Certification for the Athletic Trainer.
16    (9) "Athlete" means a person participating in an activity
17that requires a level of strength, endurance, flexibility,
18range of motion, speed, or agility which may include exercise,
19sports, recreation, wellness, or employment activity.
20    (10) "Physician assistant" means a physician assistant
21licensed to practice under the Physician Assistant Practice
22Act of 1987 in accordance with a written collaborative
23agreement with a physician licensed to practice medicine in
24all of its branches.
25    (11) "Advanced practice registered nurse" means an
26advanced practice registered nurse licensed to practice under



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1the Nurse Practice Act in accordance with a written
2collaborative agreement with a physician licensed under the
3Medical Practice Act of 1987.
4(Source: P.A. 99-469, eff. 8-26-15.)
5    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 4. Licensure; exempt activities. No person shall
8provide any of the services set forth in subsection (4) of
9Section 3 of this Act, or use the title "athletic trainer" or
10"certified athletic trainer" or "athletic trainer certified"
11or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
12"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
13athletic trainer's his or her name, unless licensed under this
15    Nothing in this Act shall be construed as preventing or
16restricting the practice, services, or activities of:
17        (1) Any person licensed or registered in this State by
18    any other law from engaging in the profession or
19    occupation for which he or she is licensed or registered.
20        (2) Any person employed as an athletic trainer by the
21    Government of the United States, if such person provides
22    athletic training solely under the direction or control of
23    the organization by which he or she is employed.
24        (3) Any person pursuing a course of study leading to a
25    degree or certificate in athletic training at an



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1    accredited educational program if such activities and
2    services constitute a part of a supervised course of study
3    involving daily personal or verbal contact at the site of
4    supervision between the athletic training student and the
5    licensed athletic trainer who plans, directs, advises, and
6    evaluates the student's athletic training clinical
7    education. The supervising licensed athletic trainer must
8    be on-site where the athletic training clinical education
9    is being obtained. A person meeting the criteria under
10    this paragraph (3) must be designated by a title which
11    clearly indicates his or her status as a student or
12    trainee.
13        (4) (Blank).
14        (5) The practice of athletic training under the
15    supervision of a licensed athletic trainer by one who has
16    applied in writing to the Department for licensure and has
17    complied with all the provisions of Section 9 except the
18    passing of the examination to be eligible to receive such
19    license. This temporary right to act as an athletic
20    trainer shall expire 3 months after the filing of his or
21    her written application to the Department; when the
22    applicant has been notified of his or her failure to pass
23    the examination authorized by the Department; when the
24    applicant has withdrawn his or her application; when the
25    applicant has received a license from the Department after
26    successfully passing the examination authorized by the



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1    Department; or when the applicant has been notified by the
2    Department to cease and desist from practicing, whichever
3    occurs first. This provision shall not apply to an
4    applicant who has previously failed the examination.
5        (6) Any person in a coaching position from rendering
6    emergency care on an as needed basis to the athletes under
7    his or her supervision when a licensed athletic trainer is
8    not available.
9        (7) Any person who is an athletic trainer from another
10    state or territory of the United States or another nation,
11    state, or territory acting as an athletic trainer while
12    performing his or her duties for his or her respective
13    non-Illinois based team or organization, so long as he or
14    she restricts his or her duties to his or her team or
15    organization during the course of his or her team's or
16    organization's stay in this State. For the purposes of
17    this Act, a team shall be considered based in Illinois if
18    its home contests are held in Illinois, regardless of the
19    location of the team's administrative offices.
20        (8) The practice of athletic training by persons
21    licensed in another state who have applied in writing to
22    the Department for licensure by endorsement. This
23    temporary right to act as an athletic trainer shall expire
24    6 months after the filing of his or her written
25    application to the Department; upon the withdrawal of the
26    application for licensure under this Act; upon delivery of



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1    a notice of intent to deny the application from the
2    Department; or upon the denial of the application by the
3    Department, whichever occurs first.
4        (9) The practice of athletic training by one who has
5    applied in writing to the Department for licensure and has
6    complied with all the provisions of Section 9. This
7    temporary right to act as an athletic trainer shall expire
8    6 months after the filing of his or her written
9    application to the Department; upon the withdrawal of the
10    application for licensure under this Act; upon delivery of
11    a notice of intent to deny the application from the
12    Department; or upon the denial of the application by the
13    Department, whichever occurs first.
14        (10) The practice of athletic training by persons
15    actively licensed as an athletic trainer in another state
16    or territory of the United States or another country, or
17    currently certified by the Board of Certification, or its
18    successor entity, at a special athletic tournament or
19    event conducted by a sanctioned amateur athletic
20    organization, including, but not limited to, the Prairie
21    State Games and the Special Olympics, for no more than 14
22    days. This shall not include contests or events that are
23    part of a scheduled series of regular season events.
24        (11) Aides Athletic trainer aides from performing
25    patient care activities under the on-site supervision of a
26    licensed athletic trainer. These patient care activities



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1    shall not include interpretation of referrals or
2    evaluation procedures, planning or major modifications of
3    patient programs, administration of medication, or solo
4    practice or event coverage without immediate access to a
5    licensed athletic trainer.
6        (12) Persons or entities practicing the specified
7    occupations set forth in subsection (a) of, and pursuant
8    to a licensing exemption granted in subsection (b) or (d)
9    of, Section 2105-350 of the Department of Professional
10    Regulation Law of the Civil Administrative Code of
11    Illinois, but only for so long as the 2016 Olympic and
12    Paralympic Games Professional Licensure Exemption Law is
13    operable.
14(Source: P.A. 99-469, eff. 8-26-15.)
15    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 13. Endorsement. The Department may, at its
18discretion, license as an athletic trainer, without
19examination, on payment of the required fee, an applicant for
20licensure who is an athletic trainer registered or licensed
21under the laws of another jurisdiction if the requirements
22pertaining to athletic trainers in such jurisdiction were at
23the date of his or her registration or licensure substantially
24equal to the requirements in force in Illinois on that date or
25equivalent to the requirements of this Act.



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1    An applicant for endorsement who has practiced for 10
2consecutive years in another jurisdiction shall meet the
3requirements for licensure by endorsement upon filing an
4application on forms provided by the Department, paying the
5required fee, and showing proof of licensure in another
6jurisdiction for at least 10 consecutive years without
7discipline by certified verification of licensure from the
8jurisdiction in which the applicant practiced.
9    Applicants have 3 years from the date of application to
10complete the application process. If the process has not been
11completed in 3 years, the application shall be denied, the fee
12forfeited and the applicant must reapply and meet the
13requirements in effect at the time of reapplication.
14(Source: P.A. 99-469, eff. 8-26-15.)
15    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 16. Grounds for discipline.
18    (1) The Department may refuse to issue or renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary action as the Department may deem proper,
21including fines not to exceed $10,000 for each violation, with
22regard to any licensee for any one or combination of the
24        (A) Material misstatement in furnishing information to
25    the Department;



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1        (B) Violations of this Act, or of the rules or
2    regulations promulgated hereunder;
3        (C) Conviction of or plea of guilty to any crime under
4    the Criminal Code of 2012 or the laws of any jurisdiction
5    of the United States that is (i) a felony, (ii) a
6    misdemeanor, an essential element of which is dishonesty,
7    or (iii) of any crime that is directly related to the
8    practice of the profession;
9        (D) Fraud or any misrepresentation in applying for or
10    procuring a license under this Act, or in connection with
11    applying for renewal of a license under this Act;
12        (E) Professional incompetence or gross negligence;
13        (F) Malpractice;
14        (G) Aiding or assisting another person, firm,
15    partnership, or corporation in violating any provision of
16    this Act or rules;
17        (H) Failing, within 60 days, to provide information in
18    response to a written request made by the Department;
19        (I) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public;
22        (J) Habitual or excessive use or abuse of drugs
23    defined in law as controlled substances, alcohol, or any
24    other substance that results in the inability to practice
25    with reasonable judgment, skill, or safety;
26        (K) Discipline by another state, unit of government,



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1    government agency, the District of Columbia, territory, or
2    foreign nation, if at least one of the grounds for the
3    discipline is the same or substantially equivalent to
4    those set forth herein;
5        (L) Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership, or association
7    any fee, commission, rebate, or other form of compensation
8    for any professional services not actually or personally
9    rendered. Nothing in this subparagraph (L) affects any
10    bona fide independent contractor or employment
11    arrangements among health care professionals, health
12    facilities, health care providers, or other entities,
13    except as otherwise prohibited by law. Any employment
14    arrangements may include provisions for compensation,
15    health insurance, pension, or other employment benefits
16    for the provision of services within the scope of the
17    licensee's practice under this Act. Nothing in this
18    subparagraph (L) shall be construed to require an
19    employment arrangement to receive professional fees for
20    services rendered;
21        (M) A finding by the Department that the licensee
22    after having his or her license disciplined has violated
23    the terms of probation;
24        (N) Abandonment of an athlete;
25        (O) Willfully making or filing false records or
26    reports in his or her practice, including but not limited



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1    to false records filed with State agencies or departments;
2        (P) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act;
5        (Q) Physical illness, including but not limited to
6    deterioration through the aging process, or loss of motor
7    skill that results in the inability to practice the
8    profession with reasonable judgment, skill, or safety;
9        (R) Solicitation of professional services other than
10    by permitted institutional policy;
11        (S) The use of any words, abbreviations, figures or
12    letters with the intention of indicating practice as an
13    athletic trainer without a valid license as an athletic
14    trainer under this Act;
15        (T) The evaluation or treatment of ailments of human
16    beings other than by the practice of athletic training as
17    defined in this Act or the treatment of injuries of
18    athletes by a licensed athletic trainer except by the
19    referral of a physician, physician assistant, advanced
20    practice registered nurse, podiatric physician, or
21    dentist;
22        (U) Willfully violating or knowingly assisting in the
23    violation of any law of this State relating to the use of
24    habit-forming drugs;
25        (V) Willfully violating or knowingly assisting in the
26    violation of any law of this State relating to the



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1    practice of abortion;
2        (W) Continued practice by a person knowingly having an
3    infectious communicable or contagious disease;
4        (X) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    pursuant to the Abused and Neglected Child Reporting Act
7    and upon proof by clear and convincing evidence that the
8    licensee has caused a child to be an abused child or
9    neglected child as defined in the Abused and Neglected
10    Child Reporting Act;
11        (X-5) Failure to provide a monthly report on the
12    patient's progress to the referring physician, physician
13    assistant, advanced practice registered nurse, podiatric
14    physician, or dentist;
15        (Y) (Blank);
16        (Z) Failure to fulfill continuing education
17    requirements;
18        (AA) Allowing one's license under this Act to be used
19    by an unlicensed person in violation of this Act;
20        (BB) Practicing under a false or, except as provided
21    by law, assumed name;
22        (CC) Promotion of the sale of drugs, devices,
23    appliances, or goods provided in any manner to exploit the
24    client for the financial gain of the licensee;
25        (DD) Gross, willful, or continued overcharging for
26    professional services;



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1        (EE) Mental illness or disability that results in the
2    inability to practice under this Act with reasonable
3    judgment, skill, or safety; or
4        (FF) Cheating on or attempting to subvert the
5    licensing examination administered under this Act; .
6        (GG) Violation of the Health Care Worker Self-Referral
7    Act; or
8        (HH) Failure by a supervising athletic trainer of an
9    aide to maintain contact, including personal supervision
10    and instruction, to ensure the safety and welfare of an
11    athlete.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the fine
14or in accordance with the terms set forth in the order imposing
15the fine.
16    (2) The determination by a circuit court that a licensee
17is subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. Such suspension will
20end only upon a finding by a court that the licensee is no
21longer subject to involuntary admission or judicial admission
22and issuance of an order so finding and discharging the
24    (3) The Department may refuse to issue or may suspend
25without hearing, as provided for in the Code of Civil
26Procedure, the license of any person who fails to file a



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1return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay any final assessment of tax, penalty, or
3interest as required by any tax Act administered by the
4Illinois Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied in accordance
6with subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code
8of Illinois.
9    (4) In enforcing this Section, the Department, upon a
10showing of a possible violation, may compel any individual who
11is licensed under this Act or any individual who has applied
12for licensure to submit to a mental or physical examination or
13evaluation, or both, which may include a substance abuse or
14sexual offender evaluation, at the expense of the Department.
15The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination and evaluation.
19The multidisciplinary team shall be led by a physician
20licensed to practice medicine in all of its branches and may
21consist of one or more or a combination of physicians licensed
22to practice medicine in all of its branches, licensed
23chiropractic physicians, licensed clinical psychologists,
24licensed clinical social workers, licensed clinical
25professional counselors, and other professional and
26administrative staff. Any examining physician or member of the



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1multidisciplinary team may require any person ordered to
2submit to an examination and evaluation pursuant to this
3Section to submit to any additional supplemental testing
4deemed necessary to complete any examination or evaluation
5process, including, but not limited to, blood testing,
6urinalysis, psychological testing, or neuropsychological
8    The Department may order the examining physician or any
9member of the multidisciplinary team to provide to the
10Department any and all records, including business records,
11that relate to the examination and evaluation, including any
12supplemental testing performed. The Department may order the
13examining physician or any member of the multidisciplinary
14team to present testimony concerning this examination and
15evaluation of the licensee or applicant, including testimony
16concerning any supplemental testing or documents relating to
17the examination and evaluation. No information, report,
18record, or other documents in any way related to the
19examination and evaluation shall be excluded by reason of any
20common law or statutory privilege relating to communication
21between the licensee or applicant and the examining physician
22or any member of the multidisciplinary team. No authorization
23is necessary from the licensee or applicant ordered to undergo
24an evaluation and examination for the examining physician or
25any member of the multidisciplinary team to provide
26information, reports, records, or other documents or to



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1provide any testimony regarding the examination and
2evaluation. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice
4present during all aspects of the examination.
5    Failure of any individual to submit to a mental or
6physical examination or evaluation, or both, when directed,
7shall result in an automatic suspension without hearing, until
8such time as the individual submits to the examination. If the
9Department finds a licensee unable to practice because of the
10reasons set forth in this Section, the Department shall
11require the licensee to submit to care, counseling, or
12treatment by physicians approved or designated by the
13Department as a condition for continued, reinstated, or
14renewed licensure.
15    When the Secretary immediately suspends a license under
16this Section, a hearing upon such person's license must be
17convened by the Department within 15 days after the suspension
18and completed without appreciable delay. The Department shall
19have the authority to review the licensee's record of
20treatment and counseling regarding the impairment to the
21extent permitted by applicable federal statutes and
22regulations safeguarding the confidentiality of medical
24    Individuals licensed under this Act who are affected under
25this Section shall be afforded an opportunity to demonstrate
26to the Department that they can resume practice in compliance



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1with acceptable and prevailing standards under the provisions
2of their license.
3    (5) (Blank).
4    (6) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency
8to the Department, the Department may refuse to issue or renew
9or may revoke or suspend that person's license or may take
10other disciplinary action against that person based solely
11upon the certification of delinquency made by the Department
12of Healthcare and Family Services in accordance with paragraph
13(5) of subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code
15of Illinois.
16(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)