093_SB0385ham001

 










                                     LRB093 07646 AMC 13741 a

 1                    AMENDMENT TO SENATE BILL 385

 2        AMENDMENT NO.     .  Amend Senate Bill 385  by  replacing
 3    everything after the enacting clause with the following:

 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  Acts repealed.
 8        (a)  The following Acts are repealed December 31, 2003: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12        (b)  The following Acts are repealed January 1, 2004: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  Acts  repealed  on  January  1,  2014.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20    following Acts are repealed on January 1, 2014: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.
 
                            -2-      LRB093 07646 AMC 13741 a
 1        The Illinois Occupational Therapy Practice Act.
 2        The Illinois Public Accounting Act.
 3    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

 4        Section  10.   The Illinois Occupational Therapy Practice
 5    Act is amended by changing Sections 2, 3, 3.1, 5,  7,  8,  9,
 6    11, and 15 as follows:

 7        (225 ILCS 75/2) (from Ch. 111, par. 3702)
 8        (Section scheduled to be repealed on December 31, 2003)
 9        Sec. 2.  Definitions.  In this Act:
10        (1)  "Department"  means  the  Department of Professional
11    Regulation.
12        (2)  "Director"  means  the  Director   of   Professional
13    Regulation.
14        (3)  "Board"  means  the  Illinois  Occupational  Therapy
15    Licensure Board appointed by the Director.
16        (4)  "Registered  Occupational  therapist" means a person
17    initially registered and licensed  to  practice  occupational
18    therapy  as defined in this Act, and whose license is in good
19    standing.
20        (5)  "Certified Occupational therapy assistant"  means  a
21    person  initially  registered  and  licensed to assist in the
22    practice of occupational therapy under the supervision  of  a
23    licensed  registered occupational therapist, and to implement
24    the occupational therapy treatment program as established  by
25    the licensed registered occupational therapist.  Such program
26    may  include  training in activities of daily living, the use
27    of therapeutic activity including task oriented  activity  to
28    enhance functional performance, and guidance in the selection
29    and use of adaptive equipment.
30        (6)  "Occupational  therapy" means the therapeutic use of
31    purposeful  and  meaningful  occupations   or   goal-directed
32    activities   to   evaluate   and  provide  interventions  for
 
                            -3-      LRB093 07646 AMC 13741 a
 1    individuals and populations who have a disease  or  disorder,
 2    an  impairment,  an  activity  limitation, or a participation
 3    restriction that interferes with their  ability  to  function
 4    independently in their daily life roles and to promote health
 5    and  wellness.  Occupational therapy intervention may include
 6    any of the following:
 7             (a)  remediation  or  restoration   of   performance
 8        abilities   that   are   limited  due  to  impairment  in
 9        biological, physiological, psychological, or neurological
10        processes;
11             (b)  adaptation of task, process, or the environment
12        or the teaching of compensatory techniques  in  order  to
13        enhance performance;
14             (c)  disability  prevention  methods  and techniques
15        that facilitate the development or  safe  application  of
16        performance skills; and
17             (d)  health  promotion strategies and practices that
18        enhance performance abilities.
19        The  licensed  registered   occupational   therapist   or
20    licensed  certified occupational therapy assistant may assume
21    a variety of roles in his or her career  including,  but  not
22    limited to, practitioner, supervisor of professional students
23    and     volunteers,    researcher,    scholar,    consultant,
24    administrator, faculty, clinical instructor, and educator  of
25    consumers, peers, and family.
26        (7)  "Occupational  therapy services" means services that
27    may be provided to  individuals  and  populations  including,
28    without limitation, the following:
29             (a)  evaluating,  developing, improving, sustaining,
30        or restoring skills in activities of daily living,  work,
31        or  productive  activities, including instrumental living
32        and play and leisure activities;
33             (b)  evaluating, developing, remediating  improving,
34        or  restoring  sensorimotor  sensory motor, cognitive, or
 
                            -4-      LRB093 07646 AMC 13741 a
 1        psychosocial components of performance;
 2             (c)  designing, fabricating, applying,  or  training
 3        in the use of assistive technology or temporary, orthoses
 4        and training in the use of orthoses and prostheses;
 5             (d)  adapting  environments and processes, including
 6        the  application  of  ergonomic  principles,  to  enhance
 7        performance and safety in daily life roles;
 8             (e)  for the occupational therapist or  occupational
 9        therapy    assistant   therapists   possessing   advanced
10        training, skill, and competency as  demonstrated  through
11        examinations  that shall be determined by the Department,
12        applying physical agent modalities as an adjunct to or in
13        preparation for engagement in occupations;
14             (f)  evaluating  and   providing   intervention   in
15        collaboration  with  the  client,  family,  caregiver, or
16        others;
17             (g)  educating the  client,  family,  caregiver,  or
18        others    in    carrying   out   appropriate   nonskilled
19        interventions; and
20             (h)  consulting     with      groups,      programs,
21        organizations, or communities to provide population-based
22        services.
23        (8)  "An   aide   in   occupational   therapy"  means  an
24    individual who provides supportive services  to  occupational
25    therapists   or   occupational   therapy  assistants  therapy
26    practitioners but  who  is  not  certified  by  a  nationally
27    recognized occupational therapy certifying or licensing body.
28    (Source:  P.A.  92-297,  eff.  1-1-02;  92-366,  eff. 1-1-02;
29    92-651, eff. 7-11-02.)

30        (225 ILCS 75/3) (from Ch. 111, par. 3703)
31        (Section scheduled to be repealed on December 31, 2003)
32        Sec. 3.  After the effective date of this Act, no  person
33    shall practice occupational therapy or hold himself out as an
 
                            -5-      LRB093 07646 AMC 13741 a
 1    occupational  therapist or an occupational therapy assistant,
 2    or as being able  to  practice  occupational  therapy  or  to
 3    render  services  designated  as occupational therapy in this
 4    State,  unless  he  is  licensed  in  accordance   with   the
 5    provisions of this Act.
 6        Nothing  in  this Act shall be construed as preventing or
 7    restricting the practice, services, or activities of:
 8        (1)  Any person licensed in this State by any  other  law
 9    from engaging in the profession or occupation for which he is
10    licensed; or
11        (2)  Any  person employed as an occupational therapist or
12    occupational therapy  assistant  by  the  Government  of  the
13    United  States,  if such person provides occupational therapy
14    solely under the direction or control of the organization  by
15    which he or she is employed; or
16        (3)  Any  person  pursuing a course of study leading to a
17    degree  or  certificate  in  occupational   therapy   at   an
18    accredited or approved educational program if such activities
19    and  services  constitute  a  part  of a supervised course of
20    study, and if such person is  designated  by  a  title  which
21    clearly  indicates his or her status as a student or trainee;
22    or
23        (4)  Any person fulfilling the supervised work experience
24    requirements of Sections  8  and  9  of  this  Act,  if  such
25    activities  and  services constitute a part of the experience
26    necessary to meet the requirement of those Sections; or
27        (5)  Any person performing occupational therapy  services
28    in  the  State,  if  such  a person is not a resident of this
29    State and is  not  licensed  under  this  Act,  and  if  such
30    services  are  performed for no more than 60  days a calendar
31    year in association with an occupational  therapist  licensed
32    under  this  Act  and if such person meets the qualifications
33    for license under this Act and:
34             (i)  such  person  is  licensed  under  the  law  of
 
                            -6-      LRB093 07646 AMC 13741 a
 1        another state which has licensure requirements  at  least
 2        as restrictive as the requirements of this Act, or
 3             (ii)  such   person   meets   the  requirements  for
 4        certification as  an  Occupational  Therapist  Registered
 5        (O.T.R.)  or  a  Certified Occupational Therapy Assistant
 6        (C.O.T.A.)  established  by  the   National   Board   for
 7        Certification   of   Occupational   Therapy   or  another
 8        nationally recognized credentialing body approved by  the
 9        Board American Occupational Therapy Association; or
10        (6)  The  practice of occupational therapy by one who has
11    applied in writing to the Department for a license,  in  form
12    and  substance  satisfactory  to  the  Department,   and  has
13    complied  with  all  the  provisions of either Section 8 or 9
14    except the passing of  the  examination  to  be  eligible  to
15    receive  such  license.   In  no  event  shall this exemption
16    extend to any person for longer  than  6  months,  except  as
17    follows:
18             (i)  if the date on which a person can take the next
19        available   examination   authorized  by  the  Department
20        extends  beyond  6  months  from  the  date  the   person
21        completes  the  occupational  therapy program as required
22        under Section 8 or 9, the  Department  shall  extend  the
23        exemption  until  the  results of that examination become
24        available to the Department; or
25             (ii)  if the Department is unable  to  complete  its
26        evaluation and processing of a person's application for a
27        license  within  6  months  after  the  date on which the
28        application is submitted  to  the  Department  in  proper
29        form, the Department shall extend the exemption until the
30        Department has completed its evaluation and processing of
31        the application.
32        In  the  event  such applicant fails the examination, the
33    applicant shall cease work immediately until such time as the
34    applicant is licensed to  practice  occupational  therapy  in
 
                            -7-      LRB093 07646 AMC 13741 a
 1    this State.
 2        (7)  The  practice of occupational therapy by one who has
 3    applied to the Department, in form and substance satisfactory
 4    to  the  Department,  and  who  is   licensed   to   practice
 5    occupational   therapy  under  the  laws  of  another  state,
 6    territory  of  the  United  States  or  country  and  who  is
 7    qualified to receive a license under the provisions of either
 8    Section 8 or 9 of this Act.  In no event shall this exemption
 9    extend to any person for longer than 6 months.
10        (8)  The practice of occupational therapy by one who  has
11    applied to the Department, in form and substance satisfactory
12    to  the Department, and who is qualified to receive a license
13    under the provisions of either Section 8 or 9  of  this  Act.
14    In  no  event  shall  this exemption extend to any person for
15    longer than 6 months.
16    (Source: P.A. 90-427, eff. 8-15-97.)

17        (225 ILCS 75/3.1)
18        (Section scheduled to be repealed on December 31, 2003)
19        Sec. 3.1. Referrals.  A licensed registered  occupational
20    therapist   or   licensed   certified   occupational  therapy
21    assistant may consult with, educate,  evaluate,  and  monitor
22    services  for  clients  concerning  non-medical  occupational
23    therapy  needs. Implementation of direct occupational therapy
24    to individuals for  their  specific  health  care  conditions
25    shall  be  based  upon  a referral from a licensed physician,
26    dentist, podiatrist, or optometrist.
27        An occupational  therapist  shall  refer  to  a  licensed
28    physician,  dentist,  optometrist,  or podiatrist any patient
29    whose medical condition should, at the time of evaluation  or
30    treatment,  be  determined to be beyond the scope of practice
31    of the occupational therapist.
32    (Source: P.A. 92-297, eff. 1-1-02.)
 
                            -8-      LRB093 07646 AMC 13741 a
 1        (225 ILCS 75/5) (from Ch. 111, par. 3705)
 2        (Section scheduled to be repealed on December 31, 2003)
 3        Sec.  5.   The  Director  shall   appoint   an   Illinois
 4    Occupational  Therapy  Licensure Board as follows:  7 persons
 5    who shall be appointed by and  shall  serve  in  an  advisory
 6    capacity  to  the Director.  One 1 member must be a physician
 7    licensed to practice medicine  in  all  of  its  branches;  3
 8    members  must  be licensed registered occupational therapists
 9    in good standing, and actively engaged  in  the  practice  of
10    occupational  therapy  in  this  State;  2  members  must  be
11    licensed  certified  occupational  therapy assistants in good
12    standing and actively engaged in the practice of occupational
13    therapy in this State; and 1 member must be a  public  member
14    who  is  not  licensed  under  this  Act, or a similar Act of
15    another jurisdiction, and is not a provider  of  health  care
16    service.
17        Members   shall  serve  4  year  terms  and  until  their
18    successors are appointed and qualified.  No member  shall  be
19    appointed  under  this  or  any  prior  Act  to the Board for
20    service which  would  constitute  more  than  2  full  terms.
21    Appointments  to  fill  vacancies  shall  be made in the same
22    manner as original appointments, for the unexpired portion of
23    the  vacated  term.   Initial  terms  shall  begin  upon  the
24    effective date of this Act.
25        The membership of the  Board  should  reasonably  reflect
26    representation from the geographic areas in this State.
27        The  Director may terminate the appointment of any member
28    for cause which in the opinion  of  the  Director  reasonably
29    justifies such termination.
30        The  Director  shall  consider the recommendations of the
31    Board  on  questions  involving  standards  of   professional
32    conduct,  discipline  and  qualifications  of  candidates and
33    license holders under this Act.
34    (Source: P.A. 88-424.)
 
                            -9-      LRB093 07646 AMC 13741 a
 1        (225 ILCS 75/7) (from Ch. 111, par. 3707)
 2        (Section scheduled to be repealed on December 31, 2003)
 3        Sec. 7.  The Department shall authorize  examinations  at
 4    least  annually  and  at  such  time  and  place  as  it  may
 5    designate.  The examination shall be of a character to give a
 6    fair  test of the qualifications of the applicant to practice
 7    occupational therapy.
 8        Applications for examination as  occupational  therapists
 9    and occupational therapy assistants shall be required to pay,
10    either to the Department or the designated testing service, a
11    fee  covering the cost of providing the examination.  Failure
12    to appear for the examination on the scheduled date,  at  the
13    time  and  place specified, after the applicant's application
14    for examination has been received  and  acknowledged  by  the
15    Department or the designated testing service, shall result in
16    the forfeiture of the examination fee.
17        If  an  applicant neglects, fails  or refuses to take the
18    examination within 90 days after the date the Confirmation of
19    Examination and Eligibility to Examine Notice is issued  next
20    available examination offered or fails to pass an examination
21    for  certification  under  this Act, the application shall be
22    denied.  If an applicant fails to  pass  an  examination  for
23    registration  under  this Act within 3 years after filing his
24    application, the application shall be denied.  The  applicant
25    may  thereafter  make  a  new  application accompanied by the
26    required  fee,  however,  the  applicant   shall   meet   all
27    requirements  in effect at the time of subsequent application
28    before obtaining licensure.
29        The Department may employ consultants for the purposes of
30    preparing and conducting examinations.
31    (Source: P.A. 88-424.)

32        (225 ILCS 75/8) (from Ch. 111, par. 3708)
33        (Section scheduled to be repealed on December 31, 2003)
 
                            -10-     LRB093 07646 AMC 13741 a
 1        Sec. 8.  A person shall be qualified for licensure as  an
 2    occupational therapist if that person:
 3             (1)  has applied in writing in form and substance to
 4        the Department;
 5             (2)  (blank)  is a citizen of the United States or a
 6        lawfully admitted alien, in status, registered  with  the
 7        United   States   Department   of  Justice,  Division  of
 8        Immigration and Naturalization;
 9             (3)  has completed an occupational  therapy  program
10        of at least 4 years in length, leading to a baccalaureate
11        degree,  or  its  equivalent, approved by the Department;
12        and
13             (4)  has  successfully  completed  the   examination
14        authorized by the Department within the past 5 years.
15    (Source: P.A. 91-357, eff. 7-29-99.)

16        (225 ILCS 75/9) (from Ch. 111, par. 3709)
17        (Section scheduled to be repealed on December 31, 2003)
18        Sec.  9.  A person shall be qualified for licensure as an
19    occupational therapy assistant if that person:
20             (1)  has applied in writing in form and substance to
21        the Department;
22             (2)  (blank) is a citizen of the United States or  a
23        lawfully  admitted  alien, in status, registered with the
24        United  States  Department  of   Justice,   Division   of
25        Immigration and Naturalization;
26             (3)  has  completed  an occupational therapy program
27        of at least 2 years in length  leading  to  an  associate
28        degree,  or  its  equivalent, approved by the Department;
29        and
30             (4)  has  successfully  completed  the   examination
31        authorized by the Department within the past 5 years.
32    (Source: P.A. 91-357, eff. 7-29-99.)
 
                            -11-     LRB093 07646 AMC 13741 a
 1        (225 ILCS 75/11) (from Ch. 111, par. 3711)
 2        (Section scheduled to be repealed on December 31, 2003)
 3        Sec. 11.  The expiration date and renewal period for each
 4    certificate issued under this Act shall be set by rule.
 5        Any   occupational   therapist  or  occupational  therapy
 6    assistant who has permitted his license to expire or who  has
 7    had  his  license  on  inactive  status  may have his license
 8    restored by making application to the Department  and  filing
 9    proof acceptable to the Department of his fitness to have his
10    license  restored.  The Department may consider a certificate
11    expired less than 5 years as prima facie  evidence  that  the
12    applicant  is  fit. If the applicant's license has expired or
13    been placed on inactive status, proof of fitness may  include
14    sworn  evidence  certifying  to  active  practice  in another
15    jurisdiction satisfactory to the Department and by paying the
16    required restoration fee.
17        If the occupational  therapist  or  occupational  therapy
18    assistant  has  not  maintained an active practice in another
19    jurisdiction satisfactory to the Department,  the  Department
20    shall  determine,  by  an  evaluation  program established by
21    rule, his fitness to resume active status and may require the
22    occupational  therapist  or  occupational  therapy  therapist
23    assistant to successfully complete a practice examination.
24        However,  any  occupational  therapist  or   occupational
25    therapy  assistant whose license certificate expired while he
26    was (1) in Federal Service on  active  duty  with  the  Armed
27    Forces of the United States, or the State Militia called into
28    service  or  training,  or (2) in training or education under
29    the supervision of the United States preliminary to induction
30    into the military service, may have his  certificate  renewed
31    or  restored without paying any lapsed renewal fees if within
32    2 years  after  termination  of  such  service,  training  or
33    education  except  under  conditions other than honorable, he
34    furnished the Department with satisfactory  evidence  to  the
 
                            -12-     LRB093 07646 AMC 13741 a
 1    effect  that  he  has  been  so engaged and that his service,
 2    training or education has been so terminated.
 3    (Source: P.A. 84-793.)

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

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.".