97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4478

 

Introduced 1/31/2012, by Rep. Angelo Saviano

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 90/8.6 new
225 ILCS 90/17  from Ch. 111, par. 4267

    Amends the Illinois Physical Therapy Act. Provides that a licensed physical therapist may provide physical therapy without a referral only if the physical therapist is at least 21 years of age and holds a master or doctorate degree or has completed at least 2 years of practical experience as a licensed physical therapist. Provides that a physical therapist shall refer a patient to a physician, dentist, advanced practice nurse, physician assistant, or podiatrist if the physical therapist has (i) reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy or (ii) provided physical therapy treatment and upon examination or reexamination the same condition that the person sought physical therapy does not demonstrate objective, measurable, functional improvement within a period of 90 consecutive days. Removes having treated ailments of human beings as a licensed physical therapist independent of a documented referral or a documented current and relevant diagnosis from a physician, dentist, advanced practice nurse, physician assistant, or podiatrist, and having failed to notify the physician, dentist, advanced practice nurse, physician assistant, or podiatrist who established a documented current and relevant diagnosis that the patient is receiving physical therapy pursuant to that diagnosis from the list of occurrences upon which the Department of Financial and Professional Regulation may base the decision to take disciplinary action. Effective immediately.


LRB097 18288 CEL 63514 b

 

 

A BILL FOR

 

HB4478LRB097 18288 CEL 63514 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 Physical Therapy Act is amended by
5changing Section 17 and by adding Section 8.6 as follows:
 
6    (225 ILCS 90/8.6 new)
7    Sec. 8.6. Physical therapy services without a referral.
8    (a) In addition to the requirements of Section 8.1 and
9subject to the scope of practice limitations of this Act, a
10licensed physical therapist may provide physical therapy
11services without a referral from a physician, dentist, advanced
12practice nurse, physician assistant, or podiatrist only if the
13physical therapist is at least 21 years of age and holds a
14master or doctorate degree or has completed at least 2 years of
15practical experience as a licensed physical therapist.
16    (b) A physical therapist shall refer a patient to a
17physician, dentist, advanced practice nurse, physician
18assistant, or podiatrist if the physical therapist has (i)
19reasonable cause to believe that symptoms or conditions are
20present that require services beyond the scope of the practice
21of physical therapy or (ii) provided physical therapy treatment
22and upon examination or reexamination the same condition that
23the person sought physical therapy does not demonstrate

 

 

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1objective, measurable, functional improvement within a period
2of 90 consecutive days.
 
3    (225 ILCS 90/17)  (from Ch. 111, par. 4267)
4    (Section scheduled to be repealed on January 1, 2016)
5    Sec. 17. (1) The Department may refuse to issue or to
6renew, or may revoke, suspend, place on probation, reprimand,
7or take other disciplinary action as the Department deems
8appropriate, including the issuance of fines not to exceed
9$5000, with regard to a license for any one or a combination of
10the following:
11        A. Material misstatement in furnishing information to
12    the Department or otherwise making misleading, deceptive,
13    untrue, or fraudulent representations in violation of this
14    Act or otherwise in the practice of the profession;
15        B. Violations of this Act, or of the rules or
16    regulations promulgated hereunder;
17        C. Conviction of any crime under the laws of the United
18    States or any state or territory thereof which is a felony
19    or which is a misdemeanor, an essential element of which is
20    dishonesty, or of any crime which is directly related to
21    the practice of the profession; conviction, as used in this
22    paragraph, shall include a finding or verdict of guilty, an
23    admission of guilt or a plea of nolo contendere;
24        D. Making any misrepresentation for the purpose of
25    obtaining licenses, or violating any provision of this Act

 

 

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1    or the rules promulgated thereunder pertaining to
2    advertising;
3        E. A pattern of practice or other behavior which
4    demonstrates incapacity or incompetency to practice under
5    this Act;
6        F. Aiding or assisting another person in violating any
7    provision of this Act or Rules;
8        G. Failing, within 60 days, to provide information in
9    response to a written request made by the Department;
10        H. Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public. Unprofessional conduct shall
13    include any departure from or the failure to conform to the
14    minimal standards of acceptable and prevailing physical
15    therapy practice, in which proceeding actual injury to a
16    patient need not be established;
17        I. Unlawful distribution of any drug or narcotic, or
18    unlawful conversion of any drug or narcotic not belonging
19    to the person for such person's own use or benefit or for
20    other than medically accepted therapeutic purposes;
21        J. Habitual or excessive use or addiction to alcohol,
22    narcotics, stimulants, or any other chemical agent or drug
23    which results in a physical therapist's or physical
24    therapist assistant's inability to practice with
25    reasonable judgment, skill or safety;
26        K. Revocation or suspension of a license to practice

 

 

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1    physical therapy as a physical therapist or physical
2    therapist assistant or the taking of other disciplinary
3    action by the proper licensing authority of another state,
4    territory or country;
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 contained in this paragraph prohibits
10    persons holding valid and current licenses under this Act
11    from practicing physical therapy in partnership under a
12    partnership agreement, including a limited liability
13    partnership, a limited liability company, or a corporation
14    under the Professional Service Corporation Act or from
15    pooling, sharing, dividing, or apportioning the fees and
16    monies received by them or by the partnership, company, or
17    corporation in accordance with the partnership agreement
18    or the policies of the company or professional corporation.
19    Nothing in this paragraph (L) affects any bona fide
20    independent contractor or employment arrangements among
21    health care professionals, health facilities, health care
22    providers, or other entities, except as otherwise
23    prohibited by law. Any employment arrangements may include
24    provisions for compensation, health insurance, pension, or
25    other employment benefits for the provision of services
26    within the scope of the licensee's practice under this Act.

 

 

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1    Nothing in this paragraph (L) shall be construed to require
2    an employment arrangement to receive professional fees for
3    services rendered;
4        M. A finding by the Board that the licensee after
5    having his or her license placed on probationary status has
6    violated the terms of probation;
7        N. Abandonment of a patient;
8        O. Willfully failing to report an instance of suspected
9    child abuse or neglect as required by the Abused and
10    Neglected Child Reporting Act;
11        P. Willfully failing to report an instance of suspected
12    elder abuse or neglect as required by the Elder Abuse
13    Reporting Act;
14        Q. Physical illness, including but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill which results in the inability to practice the
17    profession with reasonable judgement, skill or safety;
18        R. The use of any words (such as physical therapy,
19    physical therapist physiotherapy or physiotherapist),
20    abbreviations, figures or letters with the intention of
21    indicating practice as a licensed physical therapist
22    without a valid license as a physical therapist issued
23    under this Act;
24        S. The use of the term physical therapist assistant, or
25    abbreviations, figures, or letters with the intention of
26    indicating practice as a physical therapist assistant

 

 

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1    without a valid license as a physical therapist assistant
2    issued under this Act;
3        T. Willfully violating or knowingly assisting in the
4    violation of any law of this State relating to the practice
5    of abortion;
6        U. Continued practice by a person knowingly having an
7    infectious, communicable or contagious disease;
8        V. Having treated ailments of human beings otherwise
9    than by the practice of physical therapy as defined in this
10    Act, or having treated ailments of human beings as a
11    licensed physical therapist independent of a documented
12    referral or a documented current and relevant diagnosis
13    from a physician, dentist, advanced practice nurse,
14    physician assistant, or podiatrist, or having failed to
15    notify the physician, dentist, advanced practice nurse,
16    physician assistant, or podiatrist who established a
17    documented current and relevant diagnosis that the patient
18    is receiving physical therapy pursuant to that diagnosis;
19        W. Being named as a perpetrator in an indicated report
20    by the Department of Children and Family Services pursuant
21    to the Abused and Neglected Child Reporting Act, and upon
22    proof by clear and convincing evidence that the licensee
23    has caused a child to be an abused child or neglected child
24    as defined in the Abused and Neglected Child Reporting Act;
25        X. Interpretation of referrals, performance of
26    evaluation procedures, planning or making major

 

 

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1    modifications of patient programs by a physical therapist
2    assistant;
3        Y. Failure by a physical therapist assistant and
4    supervising physical therapist to maintain continued
5    contact, including periodic personal supervision and
6    instruction, to insure safety and welfare of patients;
7        Z. Violation of the Health Care Worker Self-Referral
8    Act.
9    (2) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code operates as an automatic suspension. Such suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and the issuance of an order so finding and discharging the
16patient; and upon the recommendation of the Board to the
17Director that the licensee be allowed to resume his practice.
18    (3) The Department may refuse to issue or may suspend the
19license of any person who fails to file a return, or to pay the
20tax, penalty or interest shown in a filed return, or to pay any
21final assessment of tax, penalty or interest, as required by
22any tax Act administered by the Illinois Department of Revenue,
23until such time as the requirements of any such tax Act are
24satisfied.
25(Source: P.A. 96-1482, eff. 11-29-10.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.