Full Text of SB0837 99th General Assembly
SB0837enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 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 changing | 5 | | Section 4.26 and by adding Section 4.36 as follows: | 6 | | (5 ILCS 80/4.26)
| 7 | | Sec. 4.26. Acts repealed on January 1, 2016. The following | 8 | | Acts are repealed on January 1, 2016: | 9 | | The Illinois Athletic Trainers Practice Act.
| 10 | | The Illinois Roofing Industry Licensing Act.
| 11 | | The Illinois Dental Practice Act.
| 12 | | The Collection Agency Act.
| 13 | | The Barber, Cosmetology, Esthetics, Hair Braiding, and | 14 | | Nail Technology Act of 1985.
| 15 | | The Respiratory Care Practice Act.
| 16 | | The Hearing Instrument Consumer Protection Act.
| 17 | | The Illinois Physical Therapy Act.
| 18 | | The Professional Geologist Licensing Act. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08; | 20 | | 96-1246, eff. 1-1-11.) | 21 | | (5 ILCS 80/4.36 new) | 22 | | Sec. 4.36. Act repealed on January 1, 2026. The following |
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| 1 | | Act is repealed on January 1, 2026: | 2 | | The Illinois Physical Therapy Act. | 3 | | Section 10. The Illinois Physical Therapy Act is amended by | 4 | | changing Sections 1, 8, 12, and 16.2 and by adding Sections | 5 | | 2.5, 19.5, and 31.5 as follows:
| 6 | | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 1. Definitions. As used in this Act:
| 9 | | (1) "Physical therapy" means all of the following: | 10 | | (A) Examining, evaluating, and testing individuals who | 11 | | may have mechanical, physiological, or developmental | 12 | | impairments, functional limitations, disabilities, or | 13 | | other health and movement-related conditions, classifying | 14 | | these disorders, determining a rehabilitation prognosis | 15 | | and plan of therapeutic intervention, and assessing the | 16 | | on-going effects of the interventions. | 17 | | (B) Alleviating impairments, functional limitations, | 18 | | or disabilities by designing, implementing, and modifying | 19 | | therapeutic interventions that may include, but are not | 20 | | limited to, the evaluation or treatment of a person through | 21 | | the use of the effective properties of physical measures | 22 | | and heat, cold, light, water, radiant energy, electricity, | 23 | | sound, and air and use of therapeutic massage, therapeutic | 24 | | exercise, mobilization, and rehabilitative procedures, |
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| 1 | | with or without assistive devices, for the purposes of | 2 | | preventing, correcting, or alleviating a physical or | 3 | | mental impairment, functional limitation, or disability. | 4 | | (C) Reducing the risk of injury, impairment, | 5 | | functional limitation, or disability, including the | 6 | | promotion and maintenance of fitness, health, and | 7 | | wellness. | 8 | | (D) Engaging in administration, consultation, | 9 | | education, and research.
| 10 | | Physical therapy
includes, but is not limited to: (a) | 11 | | performance
of specialized tests and measurements, (b) | 12 | | administration of specialized
treatment procedures, (c) | 13 | | interpretation of referrals from physicians, dentists, | 14 | | advanced practice nurses, physician assistants,
and podiatric | 15 | | physicians, (d) establishment, and modification of physical | 16 | | therapy
treatment programs, (e) administration of topical | 17 | | medication used in generally
accepted physical therapy | 18 | | procedures when such medication is either prescribed
by the | 19 | | patient's physician, licensed to practice medicine in all its | 20 | | branches,
the patient's physician licensed to practice | 21 | | podiatric medicine, the patient's advanced practice nurse, the | 22 | | patient's physician assistant, or the
patient's dentist or used | 23 | | following the physician's orders or written instructions , and | 24 | | (f) supervision or teaching of physical therapy.
Physical | 25 | | therapy does not include radiology, electrosurgery, | 26 | | chiropractic
technique or determination of a differential
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| 1 | | diagnosis; provided, however,
the limitation on determining a | 2 | | differential diagnosis shall not in any
manner limit a physical | 3 | | therapist licensed under this Act from performing
an evaluation | 4 | | pursuant to such license. Nothing in this Section shall limit
a | 5 | | physical therapist from employing appropriate physical therapy | 6 | | techniques
that he or she is educated and licensed to perform. | 7 | | A physical therapist
shall refer to a licensed physician, | 8 | | advanced practice nurse, physician assistant, dentist, or | 9 | | podiatric physician , other physical therapist, or other health | 10 | | care provider any patient
whose medical condition should, at | 11 | | the time of evaluation or treatment, be
determined to be beyond | 12 | | the scope of practice of the physical therapist.
| 13 | | (2) "Physical therapist" means a person who practices | 14 | | physical therapy
and who has met all requirements as provided | 15 | | in this Act.
| 16 | | (3) "Department" means the Department of Professional | 17 | | Regulation.
| 18 | | (4) "Director" means the Director of Professional | 19 | | Regulation.
| 20 | | (5) "Board" means the Physical Therapy Licensing and | 21 | | Disciplinary Board approved
by the Director.
| 22 | | (6) "Referral" means a written or oral authorization for | 23 | | physical therapy services for a patient by a physician, | 24 | | dentist, advanced practice nurse, physician assistant, or | 25 | | podiatric physician who maintains medical supervision of the | 26 | | patient and makes a diagnosis or verifies that the patient's |
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| 1 | | condition is such that it may be treated by a physical | 2 | | therapist.
| 3 | | (7) "Documented current and relevant diagnosis" for the | 4 | | purpose of
this Act means a diagnosis, substantiated by | 5 | | signature or oral verification
of a physician, dentist, | 6 | | advanced practice nurse, physician assistant, or podiatric | 7 | | physician, that a patient's condition is such
that it may be | 8 | | treated by physical therapy as defined in this Act, which
| 9 | | diagnosis shall remain in effect until changed by the | 10 | | physician, dentist, advanced practice nurse, physician | 11 | | assistant,
or podiatric physician.
| 12 | | (8) "State" includes:
| 13 | | (a) the states of the United States of America;
| 14 | | (b) the District of Columbia; and
| 15 | | (c) the Commonwealth of Puerto Rico.
| 16 | | (9) "Physical therapist assistant" means a person licensed | 17 | | to assist a
physical therapist and who has met all requirements | 18 | | as provided in this Act
and who works under the supervision of | 19 | | a licensed physical therapist to assist
in implementing the | 20 | | physical therapy treatment program as established by the
| 21 | | licensed physical therapist. The patient care activities | 22 | | provided by the
physical therapist assistant shall not include | 23 | | the interpretation of referrals,
evaluation procedures, or the | 24 | | planning or major modification of patient programs.
| 25 | | (10) "Physical therapy aide" means a person who has | 26 | | received on
the job training, specific to the facility in which |
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| 1 | | he is employed , but who
has not completed an approved physical | 2 | | therapist assistant program .
| 3 | | (11) "Advanced practice nurse" means a person licensed | 4 | | under the Nurse Practice Act who has a collaborative agreement | 5 | | with a collaborating physician that authorizes referrals to | 6 | | physical therapists. | 7 | | (12) "Physician assistant" means a person licensed under | 8 | | the Physician Assistant Practice Act of 1987 who has been | 9 | | delegated authority to make referrals to physical therapists.
| 10 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 11 | | (225 ILCS 90/2.5 new) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 2.5. Unlicensed practice; violation; civil penalty. | 14 | | (a) In addition to any other penalty provided by law, any | 15 | | person who practices, offers to practice, attempts to practice, | 16 | | or holds oneself out to practice as a physical therapist or | 17 | | assistant without being licensed under this Act shall, in | 18 | | addition to any other penalty provided by law, pay a civil | 19 | | penalty to the Department in an amount not to exceed $10,000 | 20 | | for each offense as determined by the Department. The civil | 21 | | penalty shall be assessed by the Department after a hearing is | 22 | | held in accordance with the provisions set forth in this Act | 23 | | regarding the provision of a hearing for the discipline of a | 24 | | licensee. | 25 | | (b) The Department has the authority and power to |
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| 1 | | investigate any and all unlicensed activity. | 2 | | (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.
| 7 | | (225 ILCS 90/8) (from Ch. 111, par. 4258)
| 8 | | (Section scheduled to be repealed on January 1, 2016)
| 9 | | Sec. 8. Qualifications for licensure as a Physical | 10 | | Therapist.
| 11 | | (a) A person is qualified to receive a license
as a | 12 | | physical therapist if that person has applied in writing, on | 13 | | forms
prescribed by the Department, has paid the required fees, | 14 | | and meets all
of the following requirements:
| 15 | | (1) He or she is at least 21 18 years of age and of good | 16 | | moral character.
In
determining moral character, the | 17 | | Department may take into consideration any
felony | 18 | | conviction of the applicant, but such a conviction shall | 19 | | not operate
automatically as a complete bar to a license.
| 20 | | (2) He or she has graduated from a curriculum in | 21 | | physical therapy
approved by the Department. In approving a | 22 | | curriculum in physical therapy,
the Department shall | 23 | | consider, but not be bound by, accreditation by
the | 24 | | Commission on Accreditation in Physical Therapy Education.
| 25 | | A person who graduated from a physical therapy program |
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| 1 | | outside the United
States or its territories shall have his | 2 | | or her degree validated as equivalent
to a physical therapy | 3 | | degree conferred by a regionally accredited college or
| 4 | | university in the United States. The Department may | 5 | | establish by rule a method
for the completion of course | 6 | | deficiencies.
| 7 | | (3) He or she has passed an examination approved by the | 8 | | Department to
determine
his fitness for practice as a | 9 | | physical therapist, or is entitled to be licensed
without | 10 | | examination as provided in Sections 10 and 11 of this Act.
| 11 | | A person who graduated from a physical therapy program | 12 | | outside the United
States or its territories and whose | 13 | | first language is not English shall submit
certification of | 14 | | passage of the Test of English as a Foreign Language | 15 | | (TOEFL)
and the Test of Spoken English (TSE) as defined by | 16 | | rule prior to taking the
licensure examination.
| 17 | | (b) The Department reserves the right and may request a | 18 | | personal
interview of an applicant before the Board
to further | 19 | | evaluate
his or her qualifications for a license.
| 20 | | (Source: P.A. 94-651, eff. 1-1-06.)
| 21 | | (225 ILCS 90/12) (from Ch. 111, par. 4262)
| 22 | | (Section scheduled to be repealed on January 1, 2016)
| 23 | | Sec. 12. Examinations. The Department shall examine | 24 | | applicants for
licenses as physical therapists or physical | 25 | | therapist assistants at
such times and places as it may |
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| 1 | | determine. At least 2 written examinations
shall be given | 2 | | during each calendar year for both physical therapists and
| 3 | | physical therapist assistants. The examination shall be | 4 | | approved by the
Department.
| 5 | | Following notification of eligibility for examination, an | 6 | | applicant who
fails to take the examination for a license under | 7 | | this Act within 60 days of the notification or on the next | 8 | | available exam date, if no exam is held within 60 days of the | 9 | | notification,
shall forfeit his or her fee and his or her right | 10 | | to practice as a physical therapist
or physical therapist | 11 | | assistant until such time as the applicant has
passed the | 12 | | appropriate examination.
Any applicant failing the examination | 13 | | three times in any jurisdiction will
not be allowed to
sit for | 14 | | another examination until the applicant has presented | 15 | | satisfactory
evidence to the Board of appropriate remedial work | 16 | | as set forth in the
rules and regulations.
| 17 | | If an applicant neglects, fails or refuses to take an | 18 | | examination or
fails to pass an examination for a license or | 19 | | otherwise fails to complete the
application process under this | 20 | | Act within 3 years
after filing his application, the | 21 | | application shall be denied. However,
such applicant may make a | 22 | | new application for examination
accompanied by the required | 23 | | fee, and must furnish proof of meeting
qualifications for | 24 | | examination in effect at the time of new application.
| 25 | | (Source: P.A. 94-651, eff. 1-1-06.)
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| 1 | | (225 ILCS 90/16.2)
| 2 | | (Section scheduled to be repealed on January 1, 2016)
| 3 | | Sec. 16.2. Deposit of fees and fines; appropriations. All | 4 | | fees , penalties, and fines collected under this Act
shall be | 5 | | deposited into the General Professions Dedicated Fund and shall | 6 | | be . All moneys in
the Fund shall be used by the Department of | 7 | | Professional Regulation, as
appropriated to the Department , | 8 | | for the ordinary and contingent expenses of the Department in | 9 | | the administration of this Act .
| 10 | | (Source: P.A. 89-387, eff. 1-1-96 .)
| 11 | | (225 ILCS 90/19.5 new) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 19.5. Confidentiality. All information collected by | 14 | | the
Department in the course of an examination or investigation | 15 | | of a licensee or applicant, including, but not limited to, any | 16 | | complaint against a licensee filed with the Department and | 17 | | information collected to investigate any such complaint, shall | 18 | | be
maintained for the confidential use of the Department and | 19 | | shall not be disclosed. The Department may not disclose the | 20 | | information to anyone other than law enforcement officials, | 21 | | other regulatory agencies that have an appropriate regulatory | 22 | | interest as determined by the Secretary of the Department, or a | 23 | | party presenting a lawful subpoena to the Department. | 24 | | Information and documents disclosed to a federal, State, | 25 | | county, or local law enforcement agency shall not be disclosed |
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| 1 | | by the agency for any purpose to any other agency or person. A | 2 | | formal complaint filed by the Department against a licensee or | 3 | | applicant shall be a public record, except as otherwise | 4 | | prohibited by law. | 5 | | (225 ILCS 90/31.5 new) | 6 | | (Section scheduled to be repealed on January 1, 2026) | 7 | | Sec. 31.5. Suspension of license for failure to pay | 8 | | restitution.
The Department, without further process or | 9 | | hearing, shall suspend the license or other authorization to | 10 | | practice of any person issued under this Act who has been | 11 | | certified by court order as not having paid restitution to a | 12 | | person under Section 8A-3.5 of the Illinois Public Aid Code or | 13 | | under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | 14 | | the Criminal Code of 2012. A person whose license or other | 15 | | authorization to practice is suspended under this Section is | 16 | | prohibited from practicing until the restitution is made in | 17 | | full. | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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