Illinois General Assembly - Full Text of HB3020
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Full Text of HB3020  100th General Assembly

HB3020 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3020

 

Introduced , by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 5/3  from Ch. 111, par. 7603
225 ILCS 5/4  from Ch. 111, par. 7604
225 ILCS 5/15.5 new
225 ILCS 5/16  from Ch. 111, par. 7616

    Amends the Illinois Athletic Trainers Practice Act. Replaces references to "athletes" with references to "individuals". Defines "physician". Changes the definition of "licensed athletic trainer" to mean a person licensed to practice athletic training under the Act who, upon the direction of, on the prescription of, or in collaboration with a physician and as prescribed by the Board of Athletic Trainers, provides therapeutic intervention and rehabilitation of injuries and medical conditions incurred by individuals and for which the athletic trainer has received appropriate education and training. Removes specific duties of an athletic trainer. Allows athletic trainers to provide emergency care and certain physical medicine and rehabilitation techniques. In provisions concerning grounds for discipline, includes failing to maintain complete and accurate records of all treatments rendered.


LRB100 08454 SMS 18572 b

 

 

A BILL FOR

 

HB3020LRB100 08454 SMS 18572 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 Athletic Trainers Practice Act is
5amended by changing Sections 3, 4, and 16 and by adding Section
615.5 as follows:
 
7    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 3. Definitions. As used in this Act:
10    (1) "Department" means the Department of Financial and
11Professional Regulation.
12    (2) "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    (3) "Board" means the Illinois Board of Athletic Trainers
15appointed by the Secretary.
16    (3.5) "Physician" has the meaning given to that term in the
17Medical Practice Act of 1987.
18    (4) "Licensed athletic trainer" means a person licensed to
19practice athletic training under as defined in this Act and
20with the specific qualifications set forth in Section 9 of this
21Act who, upon the direction of, on the prescription of, or in
22collaboration with a his or her team physician and as
23prescribed by the Board of Athletic Trainers, provides

 

 

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1therapeutic intervention and rehabilitation of injuries and
2medical conditions incurred by individuals and for which the
3athletic trainer has received appropriate education and
4training. or consulting physician, carries out the practice of
5prevention/emergency care or physical reconditioning of
6injuries incurred by athletes participating in an athletic
7program conducted by an educational institution, professional
8athletic organization, or sanctioned amateur athletic
9organization employing the athletic trainer; or a person who,
10under the direction of a physician, carries out comparable
11functions for a health organization-based extramural program
12of athletic training services for athletes. Specific duties of
13the athletic trainer include but are not limited to:
14        A. Supervision of the selection, fitting, and
15    maintenance of protective equipment;
16        B. Provision of assistance to the coaching staff in the
17    development and implementation of conditioning programs;
18        C. Counseling of athletes on nutrition and hygiene;
19        D. Supervision of athletic training facility and
20    inspection of playing facilities;
21        E. Selection and maintenance of athletic training
22    equipment and supplies;
23        F. Instruction and supervision of student trainer
24    staff;
25        G. Coordination with a team physician to provide:
26            (i) pre-competition physical exam and health

 

 

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1        history updates,
2            (ii) game coverage or phone access to a physician
3        or paramedic,
4            (iii) follow-up injury care,
5            (iv) reconditioning programs, and
6            (v) assistance on all matters pertaining to the
7        health and well-being of athletes.
8        H. Provision of on-site injury care and evaluation as
9    well as appropriate transportation, follow-up treatment
10    and rehabilitation as necessary for all injuries sustained
11    by athletes in the program;
12        I. With a physician, determination of when an athlete
13    may safely return to full participation post-injury; and
14        J. Maintenance of complete and accurate records of all
15    athletic injuries and treatments rendered.
16    To carry out these functions the athletic trainer is
17authorized to utilize modalities, including, but not limited
18to, heat, light, sound, cold, electricity, exercise, or
19mechanical devices related to care and reconditioning.
20    (5) "Referral" means the guidance and direction given by
21the physician, who shall maintain supervision of the individual
22athlete.
23    (6) "Athletic trainer aide" means a person who has received
24on-the-job training specific to the facility in which he or she
25is employed, on either a paid or volunteer basis, but is not
26enrolled in an accredited athletic training curriculum.

 

 

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1    (7) "Address of record" means the designated address
2recorded by the Department in the applicant's or licensee's
3application file or license file as maintained by the
4Department's licensure maintenance unit. It is the duty of the
5applicant or licensee to inform the Department of any change of
6address, and those changes must be made either through the
7Department's website or by contacting the Department.
8    (8) "Board of Certification" means the Board of
9Certification for the Athletic Trainer.
10(Source: P.A. 99-469, eff. 8-26-15.)
 
11    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 4. Licensure; exempt activities. No person shall
14provide any of the services set forth in subsection (4) of
15Section 3 of this Act, or use the title "athletic trainer" or
16"certified athletic trainer" or "athletic trainer certified"
17or "licensed athletic trainer" or the letters "A.T." or ,
18"C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his or her
19name, unless licensed under this Act.
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 occupation
24    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 accredited
6    educational program if such activities and services
7    constitute a part of a supervised course of study involving
8    daily personal or verbal contact at the site of supervision
9    between the athletic training student and the licensed
10    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 this
15    paragraph (3) must be designated by a title which clearly
16    indicates his or her status as a student or trainee.
17        (4) (Blank).
18        (5) The practice of athletic training under the
19    supervision of a licensed athletic trainer by one who has
20    applied in writing to the Department for licensure and has
21    complied with all the provisions of Section 9 except the
22    passing of the examination to be eligible to receive such
23    license. This temporary right to act as an athletic trainer
24    shall expire 3 months after the filing of his or her
25    written application to the Department; when the applicant
26    has been notified of his or her failure to pass the

 

 

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

 

 

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

 

 

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1    series of regular season events.
2        (11) Athletic trainer aides from performing patient
3    care activities under the on-site supervision of a licensed
4    athletic trainer. These patient care activities shall not
5    include interpretation of referrals or evaluation
6    procedures, planning or major modifications of patient
7    programs, administration of medication, or solo practice
8    or event coverage without immediate access to a licensed
9    athletic trainer.
10        (12) Persons or entities practicing the specified
11    occupations set forth in subsection (a) of, and pursuant to
12    a licensing exemption granted in subsection (b) or (d) of,
13    Section 2105-350 of the Department of Professional
14    Regulation Law of the Civil Administrative Code of
15    Illinois, but only for so long as the 2016 Olympic and
16    Paralympic Games Professional Licensure Exemption Law is
17    operable.
18(Source: P.A. 99-469, eff. 8-26-15.)
 
19    (225 ILCS 5/15.5 new)
20    Sec. 15.5. Permissible activities of athletic trainers.
21The athletic trainer may utilize emergency care and physical
22medicine and rehabilitation techniques related to prevention,
23emergency care, clinical diagnosis, therapeutic intervention,
24rehabilitation, and reconditioning.
 

 

 

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1    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 16. Grounds for discipline.
4    (1) The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary action as the Department may deem proper,
7including fines not to exceed $10,000 for each violation, with
8regard to any licensee for any one or combination of the
9following:
10        (A) Material misstatement in furnishing information to
11    the Department;
12        (B) Violations of this Act, or of the rules or
13    regulations promulgated hereunder;
14        (C) Conviction of or plea of guilty to any crime under
15    the Criminal Code of 2012 or the laws of any jurisdiction
16    of the United States that is (i) a felony, (ii) a
17    misdemeanor, an essential element of which is dishonesty,
18    or (iii) of any crime that is directly related to the
19    practice of the profession;
20        (D) Fraud or any misrepresentation in applying for or
21    procuring a license under this Act, or in connection with
22    applying for renewal of a license under this Act;
23        (E) Professional incompetence or gross negligence;
24        (F) Malpractice;
25        (G) Aiding or assisting another person, firm,
26    partnership, or corporation in violating any provision of

 

 

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1    this Act or rules;
2        (H) Failing, within 60 days, to provide information in
3    response to a written request made by the Department;
4        (I) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud or harm the public;
7        (J) Habitual or excessive use or abuse of drugs defined
8    in law as controlled substances, alcohol, or any other
9    substance that results in the inability to practice with
10    reasonable judgment, skill, or safety;
11        (K) Discipline by another state, unit of government,
12    government agency, the District of Columbia, territory, or
13    foreign nation, if at least one of the grounds for the
14    discipline is the same or substantially equivalent to those
15    set forth herein;
16        (L) Directly or indirectly giving to or receiving from
17    any person, firm, corporation, partnership, or association
18    any fee, commission, rebate, or other form of compensation
19    for any professional services not actually or personally
20    rendered. Nothing in this subparagraph (L) affects any bona
21    fide independent contractor or employment arrangements
22    among health care professionals, health facilities, health
23    care providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements may include
25    provisions for compensation, health insurance, pension, or
26    other employment benefits for the provision of services

 

 

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1    within the scope of the licensee's practice under this Act.
2    Nothing in this subparagraph (L) shall be construed to
3    require an employment arrangement to receive professional
4    fees for services rendered;
5        (M) A finding by the Department that the licensee after
6    having his or her license disciplined has violated the
7    terms of probation;
8        (N) Abandonment of the individual under care an
9    athlete;
10        (O) Willfully making or filing false records or reports
11    in his or her practice, including but not limited to false
12    records filed with State agencies or departments;
13        (P) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act;
16        (Q) Physical illness, including but not limited to
17    deterioration through the aging process, or loss of motor
18    skill that results in the inability to practice the
19    profession with reasonable judgment, skill, or safety;
20        (R) Solicitation of professional services other than
21    by permitted institutional policy;
22        (S) The use of any words, abbreviations, figures or
23    letters with the intention of indicating practice as an
24    athletic trainer without a valid license as an athletic
25    trainer under this Act;
26        (T) The evaluation or treatment of ailments of human

 

 

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

 

 

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1    appliances, or goods provided in any manner to exploit the
2    client for the financial gain of the licensee;
3        (DD) Gross, willful, or continued overcharging for
4    professional services;
5        (EE) Mental illness or disability that results in the
6    inability to practice under this Act with reasonable
7    judgment, skill, or safety; or
8        (FF) Cheating on or attempting to subvert the licensing
9    examination administered under this Act.
10        (GG) Failing to maintain complete and accurate records
11    of all treatments rendered.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the fine
14or in accordance with the terms set forth in the order imposing
15the fine.
16    (2) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code operates as an automatic suspension. Such suspension will
20end only upon a finding by a court that the licensee is no
21longer subject to involuntary admission or judicial admission
22and issuance of an order so finding and discharging the
23licensee.
24    (3) The Department may refuse to issue or may suspend
25without hearing, as provided for in the Code of Civil
26Procedure, the license of any person who fails to file a

 

 

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1return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay any final assessment of tax, penalty, or
3interest as required by any tax Act administered by the
4Illinois Department of Revenue, until such time as the
5requirements of any such tax Act are satisfied in accordance
6with subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (4) In enforcing this Section, the Department, upon a
10showing of a possible violation, may compel any individual who
11is licensed under this Act or any individual who has applied
12for licensure to submit to a mental or physical examination or
13evaluation, or both, which may include a substance abuse or
14sexual offender evaluation, at the expense of the Department.
15The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination and evaluation.
19The multidisciplinary team shall be led by a physician licensed
20to practice medicine in all of its branches and may consist of
21one or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed chiropractic
23physicians, licensed clinical psychologists, licensed clinical
24social workers, licensed clinical professional counselors, and
25other professional and administrative staff. Any examining
26physician or member of the multidisciplinary team may require

 

 

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1any person ordered to submit to an examination and evaluation
2pursuant to this Section to submit to any additional
3supplemental testing deemed necessary to complete any
4examination or evaluation process, including, but not limited
5to, blood testing, urinalysis, psychological testing, or
6neuropsychological testing.
7    The Department may order the examining physician or any
8member of the multidisciplinary team to provide to the
9Department any and all records, including business records,
10that relate to the examination and evaluation, including any
11supplemental testing performed. The Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this examination and
14evaluation of the licensee or applicant, including testimony
15concerning any supplemental testing or documents relating to
16the examination and evaluation. No information, report,
17record, or other documents in any way related to the
18examination and evaluation shall be excluded by reason of any
19common law or statutory privilege relating to communication
20between the licensee or applicant and the examining physician
21or any member of the multidisciplinary team. No authorization
22is necessary from the licensee or applicant ordered to undergo
23an evaluation and examination for the examining physician or
24any member of the multidisciplinary team to provide
25information, reports, records, or other documents or to provide
26any testimony regarding the examination and evaluation. The

 

 

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1individual to be examined may have, at his or her own expense,
2another physician of his or her choice present during all
3aspects of the examination.
4    Failure of any individual to submit to a mental or physical
5examination or evaluation, or both, when directed, shall result
6in an automatic suspension without hearing, until such time as
7the individual submits to the examination. If the Department
8finds a licensee unable to practice because of the reasons set
9forth in this Section, the Department shall require the
10licensee to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition for continued, reinstated, or renewed licensure.
13    When the Secretary immediately suspends a license under
14this Section, a hearing upon such person's license must be
15convened by the Department within 15 days after the suspension
16and completed without appreciable delay. The Department shall
17have the authority to review the licensee's record of treatment
18and counseling regarding the impairment to the extent permitted
19by applicable federal statutes and regulations safeguarding
20the confidentiality of medical records.
21    Individuals licensed under this Act who are affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department that they can resume practice in compliance with
24acceptable and prevailing standards under the provisions of
25their license.
26    (5) The Department shall deny a license or renewal

 

 

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1authorized by this Act to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with paragraph (5) of
5subsection (a) of Section 2105-15 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois.
8    (6) In cases where the Department of Healthcare and Family
9Services has previously determined a licensee or a potential
10licensee is more than 30 days delinquent in the payment of
11child support and has subsequently certified the delinquency to
12the Department, the Department may refuse to issue or renew or
13may revoke or suspend that person's license or may take other
14disciplinary action against that person based solely upon the
15certification of delinquency made by the Department of
16Healthcare and Family Services in accordance with paragraph (5)
17of subsection (a) of Section 2105-15 of the Department of
18Professional Regulation Law of the Civil Administrative Code of
19Illinois.
20(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)