Full Text of HB4107 93rd General Assembly
HB4107 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4107
Introduced 1/15/2004, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 90/1 |
from Ch. 111, par. 4251 |
225 ILCS 90/2 |
from Ch. 111, par. 4252 |
225 ILCS 90/17 |
from Ch. 111, par. 4267 |
225 ILCS 90/31 |
from Ch. 111, par. 4281 |
225 ILCS 90/32.2 |
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Amends the Illinois Physical Therapy Act. Removes definitions of "referral" and "documented current and relevant diagnosis". Makes changes in the definition of "physical therapy". Requires that a physical therapist use the initials "PT" in connection with the physical therapist's name and a physical therapist assistant shall use the initials "PTA" in connection with the physical therapist assistant's name to denote licensure under the Act. Makes changes in the provisions concerning disciplinary grounds and civil penalties. Adds criminal penalties for advertising using words, abbreviations, figures, or letters indicating the practice of physical therapy without a license. Effective immediately.
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A BILL FOR
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HB4107 |
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LRB093 16072 AMC 41698 b |
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| AN ACT concerning public access to physical therapists.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Physical Therapy Act is amended by | 5 |
| changing Sections 1, 2, 17, 31, and 32.2 as follows:
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| (225 ILCS 90/1) (from Ch. 111, par. 4251)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 1. Definitions. As used in this Act:
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| (1) "Physical therapy" means examining, evaluating, and | 10 |
| testing persons who have mechanical, physiological, and | 11 |
| developmental impairments, functional limitations, and | 12 |
| disabilities or other health or movement-related conditions in | 13 |
| order to determine a physical therapy diagnosis, prognosis, and | 14 |
| plan of therapeutic intervention, and providing therapeutic | 15 |
| interventions and assessing the ongoing effects of | 16 |
| interventions. "Physical therapy" includes but is not limited | 17 |
| to (a)
the evaluation or treatment of a person by
the use of | 18 |
| the effective properties of physical measures and heat, cold,
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| light, water, radiant energy, electricity, sound, and air; and | 20 |
| the use of
therapeutic massage, therapeutic exercise, | 21 |
| mobilization, and the
rehabilitative procedures with or | 22 |
| without assistive devices for the
purposes of preventing, | 23 |
| correcting, or alleviating a physical or mental dysfunction or
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| disability, or promoting physical fitness and well-being , (b)
. | 25 |
| Physical therapy
includes, but is not limited to: (a)
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| performance
of specialized tests and measurements, (c)
(b)
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| administration of specialized
treatment procedures, (d)
(c)
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| interpretation of referrals from physicians, dentists
and | 29 |
| podiatrists, (e)
(d) establishment, and modification of | 30 |
| physical therapy
treatment programs, (f)
(e) administration of | 31 |
| topical medication used in generally
accepted physical therapy | 32 |
| procedures when such medication is prescribed
by the patient's |
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| physician, licensed to practice medicine in all its branches,
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| the patient's physician licensed to practice podiatric | 3 |
| medicine, or the
patient's dentist, and (g)
(f) supervision or | 4 |
| teaching of physical therapy.
" Physical therapy " does not | 5 |
| include radiology, electrosurgery, chiropractic
technique or | 6 |
| determination of a differential medical diagnosis; provided, | 7 |
| however,
the limitation on determining a differential medical
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| diagnosis shall not in any
manner limit a physical therapist | 9 |
| licensed under this Act from performing
an evaluation pursuant | 10 |
| to such license in order to determine a physical therapy | 11 |
| diagnosis . Nothing in this Section shall limit
a physical | 12 |
| therapist from employing appropriate physical therapy | 13 |
| techniques
that he or she is educated and licensed to perform. | 14 |
| A physical therapist
shall refer to a licensed physician, | 15 |
| dentist, or podiatrist any patient
whose medical condition | 16 |
| should, at the time of evaluation or treatment, be
determined | 17 |
| to be beyond the scope of practice of the physical therapist.
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| (2) "Physical therapist" means a person who practices | 19 |
| physical therapy
and who has met all requirements as provided | 20 |
| in this Act.
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| (3) "Department" means the Department of Professional | 22 |
| Regulation.
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| (4) "Director" means the Director of Professional | 24 |
| Regulation.
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| (5) "Committee" means the Physical Therapy Examining | 26 |
| Committee approved
by the Director.
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| (6) (Blank)
"Referral" for the purpose of this Act means | 28 |
| the following of guidance
or direction to the physical | 29 |
| therapist given by the physician, dentist, or
podiatrist who | 30 |
| shall maintain supervision of the patient .
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| (7) (Blank)
"Documented current and relevant diagnosis" | 32 |
| for the purpose of
this Act means a diagnosis, substantiated by | 33 |
| signature or oral verification
of a physician, dentist, or | 34 |
| podiatrist, that a patient's condition is such
that it may be | 35 |
| treated by physical therapy as defined in this Act, which
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| diagnosis shall remain in effect until changed by the |
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| physician, dentist
or podiatrist .
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| (8) "State" includes:
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| (a) the states of the United States of America;
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| (b) the District of Columbia; and
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| (c) the Commonwealth of Puerto Rico.
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| (9) "Physical therapist assistant" means a person licensed | 7 |
| to assist a
physical therapist and who has met all requirements | 8 |
| as provided in this Act
and who works under the supervision of | 9 |
| a licensed physical therapist to assist
in implementing the | 10 |
| physical therapy treatment program as established by the
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| licensed physical therapist. The patient care activities | 12 |
| provided by the
physical therapist assistant shall not include | 13 |
| the interpretation of referrals,
evaluation procedures, or the | 14 |
| planning or major modification of patient programs.
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| (10) "Physical therapy aide" means a person who has | 16 |
| received on
the job training, specific to the facility in which | 17 |
| he is employed, but who
has not completed an approved physical | 18 |
| therapist assistant program.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (225 ILCS 90/2) (from Ch. 111, par. 4252)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 2. Licensure requirement; exempt activities. Practice | 23 |
| without a
license forbidden - exception.
No person shall
after | 24 |
| the date of August 31, 1965 begin to practice physical therapy | 25 |
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this State or hold himself out as being able to practice | 26 |
| this profession,
unless he is licensed as such in accordance | 27 |
| with the provisions of this Act.
After the effective date of | 28 |
| this amendatory Act of 1990, no person shall
practice or hold | 29 |
| himself out as a physical therapist assistant unless he is
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| licensed as such under this Act. A physical therapist shall use | 31 |
| the initials "PT" in connection with his or her name to denote | 32 |
| licensure under this Act, and a physical therapist assistant | 33 |
| shall use the initials "PTA" in connection with his or her name | 34 |
| to denote licensure under this Act.
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| This Act does not prohibit:
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| (1) Any person licensed in this State under
any other | 2 |
| Act from engaging in the practice for which he is licensed.
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| (2) The practice of physical therapy by those persons, | 4 |
| practicing
under the
supervision of a licensed physical | 5 |
| therapist and who have met all of the
qualifications as | 6 |
| provided in Sections 7, 8.1, and 9 of this Act, until
the | 7 |
| next examination is given for physical therapists or | 8 |
| physical
therapist assistants and the results have been | 9 |
| received by the Department
and the Department has | 10 |
| determined the applicant's
eligibility for a license. | 11 |
| Anyone failing to pass said examination
shall not again | 12 |
| practice physical therapy until such time as an examination
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| has been successfully passed by such person.
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| (3) The practice of physical
therapy for a period not | 15 |
| exceeding 6 months by a person who is in this State
on a | 16 |
| temporary basis to assist in a case of medical emergency or | 17 |
| to engage
in a special physical therapy project, and who | 18 |
| meets the qualifications
for a physical therapist as set | 19 |
| forth in Sections 7 and 8 of this Act and
is licensed in | 20 |
| another state as a physical therapist.
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| (4) Practice of physical
therapy by qualified persons | 22 |
| who have filed for endorsement for no longer
than one year | 23 |
| or until such time that notification of licensure has been
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| granted or denied, whichever period of time is lesser.
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| (5) One or more
licensed physical therapists from | 26 |
| forming a professional service
corporation under the | 27 |
| provisions of the "Professional Service Corporation
Act", | 28 |
| approved September 15, 1969, as now or hereafter amended, | 29 |
| and
licensing such corporation for the practice of physical | 30 |
| therapy.
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| (6) Physical therapy aides from performing patient | 32 |
| care activities under
the
on-site supervision of a licensed | 33 |
| physical therapist or licensed physical
therapist | 34 |
| assistant. These patient care activities shall not include
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| interpretation of referrals, evaluation procedures, the | 36 |
| planning of or
major modifications of, patient programs.
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| (7) Physical Therapist
Assistants from performing | 2 |
| patient care activities under the general
supervision of a | 3 |
| licensed physical therapist. The physical therapist must
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| maintain continual contact with the physical therapist | 5 |
| assistant including
periodic personal supervision and | 6 |
| instruction to insure the safety and
welfare of the | 7 |
| patient.
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| (8) The practice of physical therapy by a physical
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| therapy student or a physical therapist assistant student | 10 |
| under the on-site supervision of a licensed physical | 11 |
| therapist.
The physical therapist shall be readily | 12 |
| available for direct supervision
and instruction to insure | 13 |
| the safety and welfare of the patient.
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| (9) The
practice of physical therapy as part of an | 15 |
| educational program by a
physical therapist licensed in | 16 |
| another state or country for a period not to
exceed 6 | 17 |
| months.
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| (Source: P.A. 90-580, eff. 5-21-98.)
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| (225 ILCS 90/17) (from Ch. 111, par. 4267)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 17. (1) The Department may refuse to issue or to | 22 |
| renew, or may
revoke, suspend, place on probation, reprimand, | 23 |
| or
take other disciplinary action as the Department deems | 24 |
| appropriate,
including the issuance of fines not to exceed | 25 |
| $5000, with regard to a
license for any one or a combination of | 26 |
| the following:
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| A. Material misstatement in furnishing information to | 28 |
| the Department
or otherwise making misleading, deceptive, | 29 |
| untrue, or fraudulent
representations in violation of this | 30 |
| Act or otherwise in the practice of
the profession;
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| B. Violations of this Act, or of
the rules or | 32 |
| regulations promulgated hereunder;
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| C. Conviction of any crime under the laws of the United | 34 |
| States or any
state or territory thereof which is a felony | 35 |
| or which is a misdemeanor,
an essential element of which is |
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| dishonesty, or of any crime which is directly
related to | 2 |
| the practice of the profession; conviction, as used in this
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| paragraph, shall include a finding or verdict of guilty, an | 4 |
| admission of
guilt or a plea of nolo contendere;
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| D. Making any misrepresentation for the purpose of | 6 |
| obtaining licenses,
or violating any provision of this Act | 7 |
| or the rules promulgated thereunder
pertaining to | 8 |
| advertising;
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| E. A pattern of practice or other behavior which | 10 |
| demonstrates incapacity
or incompetency to practice under | 11 |
| this Act;
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| F. Aiding or assisting another person in violating any
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| provision of this Act or Rules;
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| G. Failing, within 60 days, to provide information in | 15 |
| response to a written
request made by the Department;
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| H. Engaging in dishonorable, unethical or | 17 |
| unprofessional conduct of a
character likely to deceive, | 18 |
| defraud or harm the public. Unprofessional
conduct shall | 19 |
| include any departure from or the failure to conform to the
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| minimal standards of acceptable and prevailing physical | 21 |
| therapy practice,
in which proceeding actual injury to a | 22 |
| patient need not be established;
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| I. Unlawful distribution of any drug or narcotic, or | 24 |
| unlawful
conversion of any drug or narcotic not belonging | 25 |
| to the person for such
person's own use or benefit or for | 26 |
| other than medically accepted
therapeutic purposes;
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| J. Habitual or excessive use or addiction to alcohol, | 28 |
| narcotics,
stimulants, or any other chemical agent or drug | 29 |
| which results in a physical
therapist's or physical | 30 |
| therapist assistant's
inability to practice with | 31 |
| reasonable judgment, skill or safety;
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| K. Revocation or suspension of a license to practice | 33 |
| physical therapy
as a physical therapist or physical | 34 |
| therapist assistant or the taking
of other disciplinary | 35 |
| action by the proper licensing authority of
another state, | 36 |
| territory or country;
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| L. Directly or indirectly giving to or receiving from | 2 |
| any person, firm,
corporation, partnership or association | 3 |
| any fee, commission, rebate or other
form of compensation | 4 |
| for any professional services not actually or
personally | 5 |
| rendered or receiving any fee, including salary or wages, | 6 |
| in connection with the rendering of physical therapy | 7 |
| services to patients referred by or diagnosed by any person | 8 |
| who has a direct or indirect financial interest in the | 9 |
| providing of the physical therapy services or in the | 10 |
| physical therapy practice entity providing such services. | 11 |
| Nothing contained in this paragraph prohibits persons | 12 |
| holding valid and current licenses under this Act from | 13 |
| practicing physical therapy in partnership under a | 14 |
| partnership agreement, including a limited liability | 15 |
| partnership, or in a corporation under the Professional | 16 |
| Service Corporation Act or from pooling, sharing, | 17 |
| dividing, or apportioning the fees and monies received by | 18 |
| them or by the partnership or corporation in accordance | 19 |
| with the partnership agreement or the policies of the board | 20 |
| of directors of the professional corporation ;
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| M. A finding by the Committee that the licensee after | 22 |
| having his or
her license
placed on probationary status has | 23 |
| violated the terms of probation;
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| N. Abandonment of a patient;
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| O. Willfully failing to report an instance of suspected | 26 |
| child abuse or
neglect as required by the Abused and | 27 |
| Neglected Child Reporting Act;
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| P. Willfully failing to report an instance of suspected | 29 |
| elder abuse or
neglect as required by the Elder Abuse | 30 |
| Reporting Act;
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| Q. Physical illness, including but not limited to, | 32 |
| deterioration through
the aging process, or loss of motor | 33 |
| skill which results in the inability
to practice the | 34 |
| profession with reasonable judgement, skill or safety;
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| R. The use of any words (such as physical therapy, | 36 |
| physical therapist
physiotherapy or physiotherapist), |
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| abbreviations, figures or letters with
the intention of | 2 |
| indicating practice as a licensed physical therapist
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| without a valid license as a physical therapist issued | 4 |
| under this Act;
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| S. The use of the term physical therapist assistant, or | 6 |
| abbreviations,
figures, or letters with the intention of | 7 |
| indicating practice as a physical
therapist assistant | 8 |
| without a valid license as a physical therapist
assistant | 9 |
| issued under this Act;
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| T. Willfully violating or knowingly assisting in the | 11 |
| violation of any
law of this State relating to the practice | 12 |
| of abortion;
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| U. Continued practice by a person knowingly having an | 14 |
| infectious,
communicable or contagious disease;
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| V. Having treated ailments of human beings otherwise | 16 |
| than by
the practice of physical therapy as defined in this | 17 |
| Act , or having treated
ailments of human beings as a | 18 |
| licensed physical therapist independent of a
documented | 19 |
| referral or a documented current and relevant diagnosis | 20 |
| from a
physician, dentist, or podiatrist, or having failed | 21 |
| to notify the
physician, dentist or podiatrist who | 22 |
| established a documented current and
relevant diagnosis | 23 |
| that the patient is receiving physical therapy pursuant
to | 24 |
| that diagnosis ;
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| W. Being named as a perpetrator in an indicated report | 26 |
| by the
Department of Children and Family Services pursuant | 27 |
| to the Abused and
Neglected Child Reporting Act, and upon | 28 |
| proof by clear and convincing
evidence that the licensee | 29 |
| has caused a child to be an abused child or
neglected child | 30 |
| as defined in the Abused and Neglected Child Reporting Act;
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| X. Interpretation of referrals, performance of | 32 |
| evaluation procedures,
planning or making major | 33 |
| modifications of patient programs by a physical
therapist | 34 |
| assistant;
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| Y. Failure by a physical therapist assistant and | 36 |
| supervising physical
therapist to maintain continued |
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| contact, including periodic personal
supervision and | 2 |
| instruction, to insure safety and welfare of patients;
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| Z. Violation of the Health Care Worker Self-Referral | 4 |
| Act.
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| (2) The determination by a circuit court that a licensee is | 6 |
| subject to
involuntary admission or judicial admission as | 7 |
| provided in the Mental Health
and Developmental Disabilities | 8 |
| Code operates as an automatic suspension.
Such suspension will | 9 |
| end only upon a finding by a court that the patient is
no | 10 |
| longer subject to involuntary admission or judicial admission | 11 |
| and the
issuance of an order so finding and discharging the | 12 |
| patient; and upon the
recommendation of the Committee to the | 13 |
| Director that the licensee be
allowed to resume his practice.
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| (3) The Department may refuse to issue or may suspend the | 15 |
| license of any
person who fails to file a return, or to pay the | 16 |
| tax, penalty or interest
shown in a filed return, or to pay any | 17 |
| final assessment of tax, penalty or
interest, as required by | 18 |
| any tax Act administered by the Illinois
Department of Revenue, | 19 |
| until such time as the requirements of any such tax
Act are | 20 |
| satisfied.
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| (Source: P.A. 89-387, eff. 1-1-96.)
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| (225 ILCS 90/31) (from Ch. 111, par. 4281)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 31. Violations.
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| (a) Any person who is found to have violated any
provision | 26 |
| of this Act is guilty of a Class A misdemeanor for the first
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| offense and a Class 4 felony for the second and any subsequent | 28 |
| offense.
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| (b) Any person representing himself or herself or | 30 |
| advertising
as a physical therapist or that the services he or | 31 |
| she renders are physical therapy
services , or who uses any | 32 |
| words, such as physical therapy, physical therapist,
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| physiotherapy , or physiotherapist, abbreviations, figures , or | 34 |
| letters , such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",
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| with
the intention of indicating that he or she is engaged in |
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| the practice of physical therapy
as a licensed physical | 2 |
| therapist, when
he or she does not possess a currently valid | 3 |
| license as defined herein, commits
a Class A misdemeanor, for a | 4 |
| first offense, and a Class 4 felony for a second
or subsequent | 5 |
| offense. Advertising includes, but is not limited to, outdoor | 6 |
| signs in print or electronic media and material mailed to a | 7 |
| person.
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| (c) Any person representing himself or herself or | 9 |
| advertising as a physical therapist assistant
or that the | 10 |
| services he or she renders are physical therapy services , or | 11 |
| who uses any
words , such as physical therapy or physical | 12 |
| therapist assistant, or uses
abbreviations, figures , or | 13 |
| letters , such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA",
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| with the intention of indicating that he or she is engaged in | 15 |
| the practice
of physical therapy
as a physical therapist | 16 |
| assistant, when he or she does not possess a currently
valid | 17 |
| license as defined herein, commits a Class A misdemeanor for a | 18 |
| first
offense, and a Class 4 felony for a second or subsequent | 19 |
| offense.
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| (Source: P.A. 85-342; 86-1396.)
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| (225 ILCS 90/32.2)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 32.2. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 25 |
| to practice, or
holds oneself out to practice physical therapy | 26 |
| or as a physical therapist or a
physical therapist assistant | 27 |
| without being licensed under this Act or who violates | 28 |
| subsection (b) or (c) of Section 31 shall, in
addition to any | 29 |
| other penalty provided by law, pay a civil penalty to the
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| Department in an amount not to exceed $5,000 for each offense | 31 |
| as determined by
the Department. The civil penalty shall be | 32 |
| assessed by the Department after a
hearing is held in | 33 |
| accordance with the provisions set forth in this Act
regarding | 34 |
| the provision of a hearing for the discipline of a licensee.
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| (b) The Department has the authority and power to |
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| investigate any and all
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after | 3 |
| the effective date
of the order imposing the civil penalty. The | 4 |
| order shall constitute a judgment
and may be filed and | 5 |
| execution had thereon in the same manner as any judgment
from | 6 |
| any court of record.
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| (Source: P.A. 89-387, eff. 1-1-96.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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