Sen. Bill Cunningham

Filed: 3/22/2022





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2    AMENDMENT NO. ______. Amend House Bill 4629 by replacing
3everything after the enacting clause with the following:
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7    (Section scheduled to be repealed on January 1, 2026)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



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1specific qualifications set forth in Section 9 of this Act
2who, upon the direction or consultation of a his or her team
3physician or consulting physician, carries out the practice of
4evaluation, prevention or emergency prevention/emergency care,
5or physical reconditioning of injuries incurred by athletes
6participating in an athletic program conducted by an
7educational institution, professional athletic organization,
8or sanctioned amateur athletic organization, performing arts
9setting, clinical setting, or employment setting employing the
10athletic trainer; or a person who, under the direction of a
11physician, carries out comparable functions for a health
12organization-based extramural program of athletic training
13services for athletes. Specific duties of the athletic trainer
14include, but are not limited to:
15        A. Supervision of the selection, fitting, and
16    maintenance of protective equipment;
17        B. Provision of assistance to the coaching staff in
18    the development and implementation of conditioning
19    programs;
20        C. Counseling of athletes on nutrition and hygiene;
21        D. Supervision of athletic training facility and
22    inspection of playing facilities;
23        E. Selection and maintenance of athletic training
24    equipment and supplies;
25        F. (Blank); Instruction and supervision of student
26    trainer staff;



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1        G. Coordination with a team physician to provide:
2            (i) pre-competition physical exam and health
3        history updates,
4            (ii) game coverage or phone access to a physician
5        or paramedic,
6            (iii) follow-up injury care,
7            (iv) reconditioning programs, and
8            (v) assistance on all matters pertaining to the
9        health and well-being of athletes; .
10        H. Provision of on-site injury care and evaluation as
11    well as appropriate transportation, follow-up treatment
12    and reconditioning rehabilitation as necessary for all
13    injuries sustained by athletes in the program;
14        I. With a physician, determination of when an athlete
15    may safely return to full participation post-injury; and
16        J. Maintenance of complete and accurate records of all
17    athlete athletic injuries and treatments rendered; and .
18        K. Written reports to a referring individual every 30
19    days services are provided.
20    To carry out these functions the athletic trainer is
21authorized to utilize modalities, including, but not limited
22to, heat, light, sound, cold, electricity, exercise, or
23mechanical devices related to care and reconditioning. An
24athletic trainer may also carry out these functions upon
25receiving a referral. A licensed athletic trainer shall use
26"LAT" or "L.A.T." in connection with the athletic trainer's



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1name to denote licensure under this Act.
2    (5) "Referral" means the written authorization for
3athletic trainer services as provided in paragraph (4)
4guidance and direction given by a the physician, physician
5assistant, advanced practice registered nurse, podiatric
6physician, or dentist, who shall maintain medical supervision
7of the athlete and makes a diagnosis or verifies that the
8patient's condition is such that it may be treated by an
9athletic trainer.
10    (6) "Aide" Athletic trainer aide" means a person who has
11received on-the-job training specific to the facility in which
12he or she is employed, on either a paid or volunteer basis, but
13is not enrolled in an accredited athletic training curriculum.
14    (7) "Address of record" means the designated address
15recorded by the Department in the applicant's or licensee's
16application file or license file as maintained by the
17Department's licensure maintenance unit. It is the duty of the
18applicant or licensee to inform the Department of any change
19of address, and those changes must be made either through the
20Department's website or by contacting the Department.
21    (8) "Board of Certification" means the Board of
22Certification for the Athletic Trainer.
23    (9) "Athlete" means a person participating in an activity
24that requires a level of strength, endurance, flexibility,
25range of motion, speed, or agility which may include exercise,
26sports, recreation, wellness, or employment activity.



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1    (10) "Physician assistant" means a physician assistant
2licensed to practice under the Physician Assistant Practice
3Act of 1987 in accordance with a written collaborative
4agreement with a physician licensed to practice medicine in
5all of its branches.
6    (11) "Advanced practice registered nurse" means an
7advanced practice registered nurse licensed to practice under
8the Nurse Practice Act.
9(Source: P.A. 99-469, eff. 8-26-15.)
10    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
11    (Section scheduled to be repealed on January 1, 2026)
12    Sec. 4. Licensure; exempt activities. No person shall
13provide any of the services set forth in subsection (4) of
14Section 3 of this Act, or use the title "athletic trainer" or
15"certified athletic trainer" or "athletic trainer certified"
16or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
17"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
18athletic trainer's his or her name, unless licensed under this
20    Nothing in this Act shall be construed as preventing or
21restricting the practice, services, or activities of:
22        (1) Any person licensed or registered in this State by
23    any other law from engaging in the profession or
24    occupation for which he or she is licensed or registered.
25        (2) Any person employed as an athletic trainer by the



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



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



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



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1    days. This shall not include contests or events that are
2    part of a scheduled series of regular season events.
3        (11) Aides Athletic trainer aides from performing
4    patient care activities under the on-site supervision of a
5    licensed athletic trainer. These patient care activities
6    shall not include interpretation of referrals or
7    evaluation procedures, planning or major modifications of
8    patient programs, administration of medication, or solo
9    practice or event coverage without immediate access to a
10    licensed athletic trainer.
11        (12) Persons or entities practicing the specified
12    occupations set forth in subsection (a) of, and pursuant
13    to a licensing exemption granted in subsection (b) or (d)
14    of, Section 2105-350 of the Department of Professional
15    Regulation Law of the Civil Administrative Code of
16    Illinois, but only for so long as the 2016 Olympic and
17    Paralympic Games Professional Licensure Exemption Law is
18    operable.
19(Source: P.A. 99-469, eff. 8-26-15.)
20    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 13. Endorsement. The Department may, at its
23discretion, license as an athletic trainer, without
24examination, on payment of the required fee, an applicant for
25licensure who is an athletic trainer registered or licensed



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1under the laws of another jurisdiction if the requirements
2pertaining to athletic trainers in such jurisdiction were at
3the date of his or her registration or licensure substantially
4equal to the requirements in force in Illinois on that date or
5equivalent to the requirements of this Act.
6    An applicant for endorsement who has practiced for 10
7consecutive years in another jurisdiction shall meet the
8requirements for licensure by endorsement upon filing an
9application on forms provided by the Department, paying the
10required fee, and showing proof of licensure in another
11jurisdiction for at least 10 consecutive years without
12discipline by certified verification of licensure from the
13jurisdiction in which the applicant practiced.
14    Applicants have 3 years from the date of application to
15complete the application process. If the process has not been
16completed in 3 years, the application shall be denied, the fee
17forfeited and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19(Source: P.A. 99-469, eff. 8-26-15.)
20    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 16. Grounds for discipline.
23    (1) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand, or take other
25disciplinary action as the Department may deem proper,



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1including fines not to exceed $10,000 for each violation, with
2regard to any licensee for any one or combination of the
4        (A) Material misstatement in furnishing information to
5    the Department;
6        (B) Violations of this Act, or of the rules or
7    regulations promulgated hereunder;
8        (C) Conviction of or plea of guilty to any crime under
9    the Criminal Code of 2012 or the laws of any jurisdiction
10    of the United States that is (i) a felony, (ii) a
11    misdemeanor, an essential element of which is dishonesty,
12    or (iii) of any crime that is directly related to the
13    practice of the profession;
14        (D) Fraud or any misrepresentation in applying for or
15    procuring a license under this Act, or in connection with
16    applying for renewal of a license under this Act;
17        (E) Professional incompetence or gross negligence;
18        (F) Malpractice;
19        (G) Aiding or assisting another person, firm,
20    partnership, or corporation in violating any provision of
21    this Act or rules;
22        (H) Failing, within 60 days, to provide information in
23    response to a written request made by the Department;
24        (I) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public;



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1        (J) Habitual or excessive use or abuse of drugs
2    defined in law as controlled substances, alcohol, or any
3    other substance that results in the inability to practice
4    with reasonable judgment, skill, or safety;
5        (K) Discipline by another state, unit of government,
6    government agency, the District of Columbia, territory, or
7    foreign nation, if at least one of the grounds for the
8    discipline is the same or substantially equivalent to
9    those set forth herein;
10        (L) Directly or indirectly giving to or receiving from
11    any person, firm, corporation, partnership, or association
12    any fee, commission, rebate, or other form of compensation
13    for any professional services not actually or personally
14    rendered. Nothing in this subparagraph (L) affects any
15    bona fide independent contractor or employment
16    arrangements among health care professionals, health
17    facilities, health care providers, or other entities,
18    except as otherwise prohibited by law. Any employment
19    arrangements may include provisions for compensation,
20    health insurance, pension, or other employment benefits
21    for the provision of services within the scope of the
22    licensee's practice under this Act. Nothing in this
23    subparagraph (L) shall be construed to require an
24    employment arrangement to receive professional fees for
25    services rendered;
26        (M) A finding by the Department that the licensee



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



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



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1        (CC) Promotion of the sale of drugs, devices,
2    appliances, or goods provided in any manner to exploit the
3    client for the financial gain of the licensee;
4        (DD) Gross, willful, or continued overcharging for
5    professional services;
6        (EE) Mental illness or disability that results in the
7    inability to practice under this Act with reasonable
8    judgment, skill, or safety; or
9        (FF) Cheating on or attempting to subvert the
10    licensing examination administered under this Act; .
11        (GG) Violation of the Health Care Worker Self-Referral
12    Act; or
13        (HH) Failure by a supervising athletic trainer of an
14    aide to maintain contact, including personal supervision
15    and instruction, to ensure the safety and welfare of an
16    athlete.
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21    (2) The determination by a circuit court that a licensee
22is subject to involuntary admission or judicial admission as
23provided in the Mental Health and Developmental Disabilities
24Code operates as an automatic suspension. Such suspension will
25end only upon a finding by a court that the licensee is no
26longer subject to involuntary admission or judicial admission



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1and issuance of an order so finding and discharging the
3    (3) The Department may refuse to issue or may suspend
4without hearing, as provided for in the Code of Civil
5Procedure, the license of any person who fails to file a
6return, to pay the tax, penalty, or interest shown in a filed
7return, or to pay any final assessment of tax, penalty, or
8interest as required by any tax Act administered by the
9Illinois Department of Revenue, until such time as the
10requirements of any such tax Act are satisfied in accordance
11with subsection (a) of Section 2105-15 of the Department of
12Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14    (4) In enforcing this Section, the Department, upon a
15showing of a possible violation, may compel any individual who
16is licensed under this Act or any individual who has applied
17for licensure to submit to a mental or physical examination or
18evaluation, or both, which may include a substance abuse or
19sexual offender evaluation, at the expense of the Department.
20The Department shall specifically designate the examining
21physician licensed to practice medicine in all of its branches
22or, if applicable, the multidisciplinary team involved in
23providing the mental or physical examination and evaluation.
24The multidisciplinary team shall be led by a physician
25licensed to practice medicine in all of its branches and may
26consist of one or more or a combination of physicians licensed



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1to practice medicine in all of its branches, licensed
2chiropractic physicians, licensed clinical psychologists,
3licensed clinical social workers, licensed clinical
4professional counselors, and other professional and
5administrative staff. Any examining physician or member of the
6multidisciplinary team may require any person ordered to
7submit to an examination and evaluation pursuant to this
8Section to submit to any additional supplemental testing
9deemed necessary to complete any examination or evaluation
10process, including, but not limited to, blood testing,
11urinalysis, psychological testing, or neuropsychological
13    The Department may order the examining physician or any
14member of the multidisciplinary team to provide to the
15Department any and all records, including business records,
16that relate to the examination and evaluation, including any
17supplemental testing performed. The Department may order the
18examining physician or any member of the multidisciplinary
19team to present testimony concerning this examination and
20evaluation of the licensee or applicant, including testimony
21concerning any supplemental testing or documents relating to
22the examination and evaluation. No information, report,
23record, or other documents in any way related to the
24examination and evaluation shall be excluded by reason of any
25common law or statutory privilege relating to communication
26between the licensee or applicant and the examining physician



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1or any member of the multidisciplinary team. No authorization
2is necessary from the licensee or applicant ordered to undergo
3an evaluation and examination for the examining physician or
4any member of the multidisciplinary team to provide
5information, reports, records, or other documents or to
6provide any testimony regarding the examination and
7evaluation. The individual to be examined may have, at his or
8her own expense, another physician of his or her choice
9present during all aspects of the examination.
10    Failure of any individual to submit to a mental or
11physical examination or evaluation, or both, when directed,
12shall result in an automatic suspension without hearing, until
13such time as the individual submits to the examination. If the
14Department finds a licensee unable to practice because of the
15reasons set forth in this Section, the Department shall
16require the licensee to submit to care, counseling, or
17treatment by physicians approved or designated by the
18Department as a condition for continued, reinstated, or
19renewed licensure.
20    When the Secretary immediately suspends a license under
21this Section, a hearing upon such person's license must be
22convened by the Department within 15 days after the suspension
23and completed without appreciable delay. The Department shall
24have the authority to review the licensee's record of
25treatment and counseling regarding the impairment to the
26extent permitted by applicable federal statutes and



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1regulations safeguarding the confidentiality of medical
3    Individuals licensed under this Act who are affected under
4this Section shall be afforded an opportunity to demonstrate
5to the Department that they can resume practice in compliance
6with acceptable and prevailing standards under the provisions
7of their license.
8    (5) (Blank).
9    (6) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency
13to the Department, the Department may refuse to issue or renew
14or may revoke or suspend that person's license or may take
15other disciplinary action against that person based solely
16upon the certification of delinquency made by the Department
17of Healthcare and Family Services in accordance with paragraph
18(5) of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code
20of Illinois.
21(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)".