093_HB2348

 
                                     LRB093 07566 AMC 07742 b

 1        AN ACT concerning occupational therapy.

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

 4        Section  5.   The  Regulatory  Sunset  Act  is amended by
 5    changing Sections 4.14 and 4.24 as follows:

 6        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
 7        Sec. 4.14.  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003:
 9             The Private Detective, Private  Alarm,  and  Private
10        Security Act of 1993.
11             The Illinois Occupational Therapy Practice Act.
12        (b)  The following Acts are repealed January 1, 2004:
13             The  Illinois  Certified  Shorthand Reporters Act of
14        1984.
15             The Veterinary Medicine and Surgery Practice Act  of
16        1994.
17    (Source: P.A. 92-457, eff 8-21-01.)

18        (5 ILCS 80/4.24)
19        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
20    following Acts are repealed on January 1, 2014:
21        The Electrologist Licensing Act.
22        The Illinois Occupational Therapy Practice Act.
23        The Illinois Public Accounting Act.
24    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

25        Section  10.   The Illinois Occupational Therapy Practice
26    Act is amended by changing Sections 2, 3, 3.1, 5, 11, and  15
27    as follows:

28        (225 ILCS 75/2) (from Ch. 111, par. 3702)
 
                            -2-      LRB093 07566 AMC 07742 b
 1        (Section scheduled to be repealed on December 31, 2003)
 2        Sec. 2.  Definitions.  In this Act:
 3        (1)  "Department"  means  the  Department of Professional
 4    Regulation.
 5        (2)  "Director"  means  the  Director   of   Professional
 6    Regulation.
 7        (3)  "Board"  means  the  Illinois  Occupational  Therapy
 8    Licensure Board appointed by the Director.
 9        (4)  "Registered  Occupational  therapist" means a person
10    initially registered and licensed  to  practice  occupational
11    therapy  as defined in this Act, and whose license is in good
12    standing.
13        (5)  "Certified Occupational therapy assistant"  means  a
14    person  initially  registered  and  licensed to assist in the
15    practice of occupational therapy under the supervision  of  a
16    licensed  registered occupational therapist, and to implement
17    the occupational therapy treatment program as established  by
18    the licensed registered occupational therapist.  Such program
19    may  include  training in activities of daily living, the use
20    of therapeutic activity including task oriented  activity  to
21    enhance functional performance, and guidance in the selection
22    and use of adaptive equipment.
23        (6)  "Occupational  therapy" means the therapeutic use of
24    purposeful  and  meaningful  occupations   or   goal-directed
25    activities   to   evaluate   and  provide  interventions  for
26    individuals and populations who have a disease  or  disorder,
27    an  impairment,  an  activity  limitation, or a participation
28    restriction that interferes with their  ability  to  function
29    independently in their daily life roles and to promote health
30    and  wellness.  Occupational therapy intervention may include
31    any of the following:
32             (a)  remediation  or  restoration   of   performance
33        abilities   that   are   limited  due  to  impairment  in
34        biological, physiological, psychological, or neurological
 
                            -3-      LRB093 07566 AMC 07742 b
 1        processes;
 2             (b)  adaptation of task, process, or the environment
 3        or the teaching of compensatory techniques  in  order  to
 4        enhance performance;
 5             (c)  disability  prevention  methods  and techniques
 6        that facilitate the development or  safe  application  of
 7        performance skills; and
 8             (d)  health  promotion strategies and practices that
 9        enhance performance abilities.
10        The  licensed  registered   occupational   therapist   or
11    licensed  certified occupational therapy assistant may assume
12    a variety of roles in his or her career  including,  but  not
13    limited to, practitioner, supervisor of professional students
14    and     volunteers,    researcher,    scholar,    consultant,
15    administrator, faculty, clinical instructor, and educator  of
16    consumers, peers, and family.
17        (7)  "Occupational  therapy services" means services that
18    may be provided to  individuals  and  populations  including,
19    without limitation, the following:
20             (a)  evaluating,  developing, improving, sustaining,
21        or restoring skills in activities of daily living,  work,
22        or  productive  activities, including instrumental living
23        and play and leisure activities;
24             (b)  evaluating, developing, remediating  improving,
25        or  restoring  sensorimotor  sensory motor, cognitive, or
26        psychosocial components of performance;
27             (c)  designing, fabricating, applying,  or  training
28        in the use of assistive technology or temporary, orthoses
29        and training in the use of orthoses and prostheses;
30             (d)  adapting  environments and processes, including
31        the  application  of  ergonomic  principles,  to  enhance
32        performance and safety in daily life roles;
33             (e)  for the occupational therapist or  occupational
34        therapy    assistant   therapists   possessing   advanced
 
                            -4-      LRB093 07566 AMC 07742 b
 1        training, skill, and competency as  demonstrated  through
 2        examinations  that shall be determined by the Department,
 3        applying physical agent modalities as an adjunct to or in
 4        preparation for engagement in occupations;
 5             (f)  evaluating  and   providing   intervention   in
 6        collaboration  with  the  client,  family,  caregiver, or
 7        others;
 8             (g)  educating the  client,  family,  caregiver,  or
 9        others    in    carrying   out   appropriate   nonskilled
10        interventions; and
11             (h)  consulting     with      groups,      programs,
12        organizations, or communities to provide population-based
13        services.
14        (8)  "An   aide   in   occupational   therapy"  means  an
15    individual who provides supportive services  to  occupational
16    therapists   or   occupational   therapy  assistants  therapy
17    practitioners but  who  is  not  certified  by  a  nationally
18    recognized occupational therapy certifying or licensing body.
19    (Source:  P.A.  92-297,  eff.  1-1-02;  92-366,  eff. 1-1-02;
20    92-651, eff. 7-11-02.)

21        (225 ILCS 75/3) (from Ch. 111, par. 3703)
22        (Section scheduled to be repealed on December 31, 2003)
23        Sec. 3.  After the effective date of this Act, no  person
24    shall practice occupational therapy or hold himself out as an
25    occupational  therapist or an occupational therapy assistant,
26    or as being able  to  practice  occupational  therapy  or  to
27    render  services  designated  as occupational therapy in this
28    State,  unless  he  is  licensed  in  accordance   with   the
29    provisions of this Act.
30        Nothing  in  this Act shall be construed as preventing or
31    restricting the practice, services, or activities of:
32        (1)  Any person licensed in this State by any  other  law
33    from engaging in the profession or occupation for which he is
 
                            -5-      LRB093 07566 AMC 07742 b
 1    licensed; or
 2        (2)  Any  person employed as an occupational therapist or
 3    occupational therapy  assistant  by  the  Government  of  the
 4    United  States,  if such person provides occupational therapy
 5    solely under the direction or control of the organization  by
 6    which he or she is employed; or
 7        (3)  Any  person  pursuing a course of study leading to a
 8    degree  or  certificate  in  occupational   therapy   at   an
 9    accredited or approved educational program if such activities
10    and  services  constitute  a  part  of a supervised course of
11    study, and if such person is  designated  by  a  title  which
12    clearly  indicates his or her status as a student or trainee;
13    or
14        (4)  Any person fulfilling the supervised work experience
15    requirements of Sections  8  and  9  of  this  Act,  if  such
16    activities  and  services constitute a part of the experience
17    necessary to meet the requirement of those Sections; or
18        (5)  Any person performing occupational therapy  services
19    in  the  State,  if  such  a person is not a resident of this
20    State and is  not  licensed  under  this  Act,  and  if  such
21    services  are  performed for no more than 60  days a calendar
22    year in association with an occupational  therapist  licensed
23    under  this  Act  and if such person meets the qualifications
24    for license under this Act and:
25             (i)  such  person  is  licensed  under  the  law  of
26        another state which has licensure requirements  at  least
27        as restrictive as the requirements of this Act, or
28             (ii)  such   person   meets   the  requirements  for
29        certification as  an  Occupational  Therapist  Registered
30        (O.T.R.)  or  a  Certified Occupational Therapy Assistant
31        (C.O.T.A.)  established  by  the   National   Board   for
32        Certification   of   Occupational   Therapy   or  another
33        nationally recognized credentialing body approved by  the
34        Board American Occupational Therapy Association; or
 
                            -6-      LRB093 07566 AMC 07742 b
 1        (6)  The  practice of occupational therapy by one who has
 2    applied in writing to the Department for a license,  in  form
 3    and  substance  satisfactory  to  the  Department,   and  has
 4    complied  with  all  the  provisions of either Section 8 or 9
 5    except the passing of  the  examination  to  be  eligible  to
 6    receive  such  license.   In  no  event  shall this exemption
 7    extend to any person for longer  than  6  months,  except  as
 8    follows:
 9             (i)  if the date on which a person can take the next
10        available   examination   authorized  by  the  Department
11        extends  beyond  6  months  from  the  date  the   person
12        completes  the  occupational  therapy program as required
13        under Section 8 or 9, the  Department  shall  extend  the
14        exemption  until  the  results of that examination become
15        available to the Department; or
16             (ii)  if the Department is unable  to  complete  its
17        evaluation and processing of a person's application for a
18        license  within  6  months  after  the  date on which the
19        application is submitted  to  the  Department  in  proper
20        form, the Department shall extend the exemption until the
21        Department has completed its evaluation and processing of
22        the application.
23        In  the  event  such applicant fails the examination, the
24    applicant shall cease work immediately until such time as the
25    applicant is licensed to  practice  occupational  therapy  in
26    this State.
27        (7)  The  practice of occupational therapy by one who has
28    applied to the Department, in form and substance satisfactory
29    to  the  Department,  and  who  is   licensed   to   practice
30    occupational   therapy  under  the  laws  of  another  state,
31    territory  of  the  United  States  or  country  and  who  is
32    qualified to receive a license under the provisions of either
33    Section 8 or 9 of this Act.  In no event shall this exemption
34    extend to any person for longer than 6 months.
 
                            -7-      LRB093 07566 AMC 07742 b
 1        (8)  The practice of occupational therapy by one who  has
 2    applied to the Department, in form and substance satisfactory
 3    to  the Department, and who is qualified to receive a license
 4    under the provisions of either Section 8 or 9  of  this  Act.
 5    In  no  event  shall  this exemption extend to any person for
 6    longer than 6 months.
 7    (Source: P.A. 90-427, eff. 8-15-97.)

 8        (225 ILCS 75/3.1)
 9        (Section scheduled to be repealed on December 31, 2003)
10        Sec. 3.1. Referrals.  A licensed registered  occupational
11    therapist   or   licensed   certified   occupational  therapy
12    assistant may consult with, educate,  evaluate,  and  monitor
13    services  for  clients  concerning  non-medical  occupational
14    therapy  needs. Implementation of direct occupational therapy
15    to individuals for  their  specific  health  care  conditions
16    shall  be  based  upon  a referral from a licensed physician,
17    dentist, podiatrist, or optometrist.
18        An occupational  therapist  shall  refer  to  a  licensed
19    physician,  dentist,  optometrist,  or podiatrist any patient
20    whose medical condition should, at the time of evaluation  or
21    treatment,  be  determined to be beyond the scope of practice
22    of the occupational therapist.
23    (Source: P.A. 92-297, eff. 1-1-02.)

24        (225 ILCS 75/5) (from Ch. 111, par. 3705)
25        (Section scheduled to be repealed on December 31, 2003)
26        Sec.  5.   The  Director  shall   appoint   an   Illinois
27    Occupational  Therapy  Licensure Board as follows:  7 persons
28    who shall be appointed by and  shall  serve  in  an  advisory
29    capacity  to  the Director.  One 1 member must be a physician
30    licensed to practice medicine  in  all  of  its  branches;  3
31    members  must  be licensed registered occupational therapists
32    in good standing, and actively engaged  in  the  practice  of
 
                            -8-      LRB093 07566 AMC 07742 b
 1    occupational  therapy  in  this  State;  2  members  must  be
 2    licensed  certified  occupational  therapy assistants in good
 3    standing and actively engaged in the practice of occupational
 4    therapy in this State; and 1 member must be a  public  member
 5    who  is  not  licensed  under  this  Act, or a similar Act of
 6    another jurisdiction, and is not a provider  of  health  care
 7    service.
 8        Members   shall  serve  4  year  terms  and  until  their
 9    successors are appointed and qualified.  No member  shall  be
10    appointed  under  this  or  any  prior  Act  to the Board for
11    service which  would  constitute  more  than  2  full  terms.
12    Appointments  to  fill  vacancies  shall  be made in the same
13    manner as original appointments, for the unexpired portion of
14    the  vacated  term.   Initial  terms  shall  begin  upon  the
15    effective date of this Act.
16        The membership of the  Board  should  reasonably  reflect
17    representation from the geographic areas in this State.
18        The  Director may terminate the appointment of any member
19    for cause which in the opinion  of  the  Director  reasonably
20    justifies such termination.
21        The  Director  shall  consider the recommendations of the
22    Board  on  questions  involving  standards  of   professional
23    conduct,  discipline  and  qualifications  of  candidates and
24    license holders under this Act.
25    (Source: P.A. 88-424.)

26        (225 ILCS 75/11) (from Ch. 111, par. 3711)
27        (Section scheduled to be repealed on December 31, 2003)
28        Sec. 11.  The expiration date and renewal period for each
29    certificate issued under this Act shall be set by rule.
30        Any  occupational  therapist  or   occupational   therapy
31    assistant  who has permitted his license to expire or who has
32    had his license on  inactive  status  may  have  his  license
33    restored  by  making application to the Department and filing
 
                            -9-      LRB093 07566 AMC 07742 b
 1    proof acceptable to the Department of his fitness to have his
 2    license restored. The Department may consider  a  certificate
 3    expired  less  than  5 years as prima facie evidence that the
 4    applicant is fit. If the applicant's license has  expired  or
 5    been  placed on inactive status, proof of fitness may include
 6    sworn evidence  certifying  to  active  practice  in  another
 7    jurisdiction satisfactory to the Department and by paying the
 8    required restoration fee.
 9        If  the  occupational  therapist  or occupational therapy
10    assistant has not maintained an active  practice  in  another
11    jurisdiction  satisfactory  to the Department, the Department
12    shall determine, by  an  evaluation  program  established  by
13    rule, his fitness to resume active status and may require the
14    occupational  therapist  or  occupational  therapy  therapist
15    assistant to successfully complete a practice examination.
16        However,   any  occupational  therapist  or  occupational
17    therapy assistant whose license certificate expired while  he
18    was  (1)  in  Federal  Service  on active duty with the Armed
19    Forces of the United States, or the State Militia called into
20    service or training, or (2) in training  or  education  under
21    the supervision of the United States preliminary to induction
22    into  the  military service, may have his certificate renewed
23    or restored without paying any lapsed renewal fees if  within
24    2  years  after  termination  of  such  service,  training or
25    education except under conditions other  than  honorable,  he
26    furnished  the  Department  with satisfactory evidence to the
27    effect that he has been so  engaged  and  that  his  service,
28    training or education has been so terminated.
29    (Source: P.A. 84-793.)

30        (225 ILCS 75/15) (from Ch. 111, par. 3715)
31        (Section scheduled to be repealed on December 31, 2003)
32        Sec.  15.   Any  person  who  is  issued  a license as an
33    occupational therapist registered under the terms of this Act
 
                            -10-     LRB093 07566 AMC 07742 b
 1    may use  the  words  "occupational  therapist"  or  "licensed
 2    occupational therapist registered", or he may use the letters
 3    "O.T"  or  "O.T.R.",  in  connection  with his or her name or
 4    place of business to denote his or her licensure  under  this
 5    Act.
 6        Any  person  who  is  issued  a  license  as  a certified
 7    occupational therapy assistant under the terms  of  this  Act
 8    may  use  the  words,  "occupational  therapy  assistant"  or
 9    "licensed certified occupational therapy assistant", or he or
10    she   may   use  the  letters,  "O.T.A."  or  "C.O.T.A.",  in
11    connection with his or her name,  or  place  of  business  to
12    denote his or her licensure under this Act hereunder.
13    (Source: P.A. 83-696.)

14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.