Illinois General Assembly - Full Text of SB0385
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Full Text of SB0385  93rd General Assembly

SB0385ham002 93rd General Assembly


093_SB0385ham002

 










                                     LRB093 07646 AMC 16021 a

 1                    AMENDMENT TO SENATE BILL 385

 2        AMENDMENT NO.     .  Amend Senate Bill 385,  AS  AMENDED,
 3    with  reference  to  page and line numbers of House Amendment
 4    No. 1, on page 2, line 6, by replacing "and 15"  with  "11.1,
 5    15, and 19"; and

 6    on  page  12,  immediately  below  line  3,  by inserting the
 7    following:

 8        "(225 ILCS 75/11.1)
 9        (Section scheduled to be repealed on December 31, 2003)
10        Sec.  11.1.  Continuing   education   requirement.    All
11    renewal  applicants  shall  provide  proof  of having met the
12    continuing competency requirements set forth in the rules  of
13    the  Department.   At  a  minimum,  the rules shall require a
14    renewal applicant to provide proof of completing at least  12
15    units  of  continuing competency activities during the 2-year
16    licensing cycle for which he or she  is  currently  licensed.
17    The  Department  shall provide by rule for an orderly process
18    for the reinstatement of licenses that have not been  renewed
19    for  failure  to meet the continuing competency requirements.
20    The continuing competency requirements may be waived in cases
21    of extreme hardship as defined by rule.
22        The Department  shall  establish  by  rule  a  means  for
 
                            -2-      LRB093 07646 AMC 16021 a
 1    verifying   the   completion  of  the  continuing  competency
 2    required  by  this  Section.   This   verification   may   be
 3    accomplished   through   audits   of  records  maintained  by
 4    licensees, by requiring the filing of  continuing  competency
 5    certificates  with  the  Department,  or  by  any other means
 6    established by the Department.
 7    (Source: P.A. 92-297, eff. 1-1-02.)"; and

 8    on page 12, immediately  below  line  20,  by  inserting  the
 9    following:

10        "(225 ILCS 75/19) (from Ch. 111, par. 3719)
11        (Section scheduled to be repealed on December 31, 2003)
12        Sec.  19.  (a)  The  Department  may  refuse  to issue or
13    renew, or may revoke, suspend, place on probation,  reprimand
14    or  take other disciplinary action as the Department may deem
15    proper,  including  fines  not  to  exceed  $2,500  for  each
16    violation,  with  regard  to  any  license  for  any  one  or
17    combination of the following:
18             (1)  Material misstatement in furnishing information
19        to the Department;
20             (2)  Wilfully violating this Act, or  of  the  rules
21        promulgated thereunder;
22             (3)  Conviction  of  any crime under the laws of the
23        United States or any state or territory thereof which  is
24        a  felony or which is a misdemeanor, an essential element
25        of which is dishonesty, or of any crime which is directly
26        related to the practice of occupational therapy;
27             (4)  Making any misrepresentation for the purpose of
28        obtaining certification, or violating  any  provision  of
29        this  Act  or the rules promulgated thereunder pertaining
30        to advertising;
31             (5)  Having    demonstrated     unworthiness,     or
32        incompetency  to  act  as  an  occupational  therapist or
33        occupational therapy  assistant  in  such  manner  as  to
 
                            -3-      LRB093 07646 AMC 16021 a
 1        safeguard the interest of the public;
 2             (6)  Wilfully  aiding  or  assisting another person,
 3        firm,  partnership  or  corporation  in   violating   any
 4        provision of this Act or rules;
 5             (7)  Failing, within 60 days, to provide information
 6        in response to a written request made by the Department;
 7             (8)  Engaging    in   dishonorable,   unethical   or
 8        unprofessional conduct of a character likely to  deceive,
 9        defraud or harm the public;
10             (9)  Habitual  intoxication  or addiction to the use
11        of drugs;
12             (10)  Discipline by another state, the  District  of
13        Columbia, a territory, or foreign nation, if at least one
14        of  the  grounds  for  the  discipline  is  the  same  or
15        substantially equivalent to those set forth herein;
16             (11)  Directly  or indirectly giving to or receiving
17        from  any  person,  firm,  corporation,  partnership   or
18        association  any fee, commission, rebate or other form of
19        compensation for professional services  not  actually  or
20        personally rendered;
21             (12)  A  finding  by the Department that the license
22        holder,  after  having  his  license   disciplined,   has
23        violated the terms of the discipline;
24             (13)  Wilfully  making  or  filing  false records or
25        reports  in  the  practice   of   occupational   therapy,
26        including but not limited to false records filed with the
27        State agencies or departments;
28             (14)  Physical  illness,  including  but not limited
29        to, deterioration through the aging process, or  loss  of
30        motor  skill  which  results in the inability to practice
31        the profession with reasonable judgment, skill or safety;
32             (15)  Solicitation of  professional  services  other
33        than by permitted advertising;
34             (16)  Wilfully   exceeding  the  scope  of  practice
 
                            -4-      LRB093 07646 AMC 16021 a
 1        customarily undertaken by  persons  licensed  under  this
 2        Act,  which conduct results in, or may result in, harm to
 3        the public;
 4             (17)  Holding   one's   self   out    to    practice
 5        occupational therapy under any name other than his own or
 6        impersonation of any other occupational therapy licensee;
 7             (18)  Gross negligence;
 8             (19)  Malpractice;
 9             (20)  Obtaining  a  fee  in money or gift in kind of
10        any other items of value or  in  the  form  of  financial
11        profit   or  benefit  as  personal  compensation,  or  as
12        compensation, or charge, profit or gain for  an  employer
13        or  for  any  other  person or persons, on the fraudulent
14        misrepresentation that a manifestly  incurable  condition
15        of  sickness,  disease  or  injury  to  any person can be
16        cured;
17             (21)  Accepting  commissions  or  rebates  or  other
18        forms of remuneration  for  referring  persons  to  other
19        professionals;
20             (22)  Failure  to  file a return, or to pay the tax,
21        penalty or interest shown in a filed return,  or  to  pay
22        any  final  assessment  of  tax,  penalty or interest, as
23        required by any tax  Act  administered  by  the  Illinois
24        Department   of   Revenue,   until   such   time  as  the
25        requirements of any such tax Act are satisfied;
26             (23)  Violating the Health Care Worker Self-Referral
27        Act; and
28             (24)  Having treated  patients  other  than  by  the
29        practice  of occupational therapy as defined in this Act,
30        or having treated patients  as  a  licensed  occupational
31        therapist  independent  of  a  referral from a physician,
32        dentist, podiatrist, or optometrist, or having failed  to
33        notify the physician, dentist, podiatrist, or optometrist
34        who established a diagnosis that the patient is receiving
 
                            -5-      LRB093 07646 AMC 16021 a
 1        occupational therapy pursuant to that diagnosis.
 2        (b)  The  determination by a circuit court that a license
 3    holder  is  subject  to  involuntary  admission  or  judicial
 4    admission as provided in the Mental Health and  Developmental
 5    Disabilities  Code,  as now or hereafter amended, operates as
 6    an automatic suspension.  Such suspension will end only  upon
 7    a finding by a court that the patient is no longer subject to
 8    involuntary  admission or judicial admission, an order by the
 9    court  so  finding  and  discharging  the  patient,  and  the
10    recommendation of the Board to the Director that the  license
11    holder be allowed to resume his practice.
12        (c)  The   Department   may   refuse  to  issue  or  take
13    disciplinary action concerning the license of any person  who
14    fails  to file a return, to pay the tax, penalty, or interest
15    shown in a filed return, or to pay any  final  assessment  of
16    tax,  penalty,  or  interest  as  required  by  any  tax  Act
17    administered by the Department of Revenue, until such time as
18    the  requirements  of  any  such  tax  Act  are  satisfied as
19    determined by the Department of Revenue.
20        (d)  In enforcing this Section, the Board, upon a showing
21    of a possible violation, may compel a licensee  or  applicant
22    to  submit  to  a mental or physical examination, or both, as
23    required by  and  at  the  expense  of  the  Department.  The
24    examining physicians or clinical psychologists shall be those
25    specifically  designated  by  the  Board.  The  Board  or the
26    Department may order (i) the examining physician  to  present
27    testimony  concerning the mental or physical examination of a
28    licensee  or  applicant  or  (ii)  the   examining   clinical
29    psychologist  to  present  testimony  concerning  the  mental
30    examination  of a licensee or applicant. No information shall
31    be  excluded  by  reason  of  any  common  law  or  statutory
32    privilege relating to communications between  a  licensee  or
33    applicant   and   the   examining   physician   or   clinical
34    psychologist.  An  individual to be examined may have, at his
 
                            -6-      LRB093 07646 AMC 16021 a
 1    or  her  own   expense,   another   physician   or   clinical
 2    psychologist  of his or her choice present during all aspects
 3    of the examination. Failure of an individual to submit  to  a
 4    mental or physical examination, when directed, is grounds for
 5    suspension  of  his  or  her license. The license must remain
 6    suspended until the person submits to the examination or  the
 7    Board  finds,  after  notice and hearing, that the refusal to
 8    submit to the examination was with reasonable cause.
 9        If the Board  finds  an  individual  unable  to  practice
10    because  of  the reasons set forth in this Section, the Board
11    must require the individual to submit to care, counseling, or
12    treatment by a physician or clinical psychologist approved by
13    the  Board,  as  a  condition,  term,  or   restriction   for
14    continued,  reinstated,  or renewed licensure to practice. In
15    lieu  of  care,  counseling,  or  treatment,  the  Board  may
16    recommend that the Department file a complaint to immediately
17    suspend or revoke the license of the individual or  otherwise
18    discipline the licensee.
19        Any  individual  whose  license  was  granted, continued,
20    reinstated, or  renewed  subject  to  conditions,  terms,  or
21    restrictions,  as  provided  for  in  this  Section,  or  any
22    individual  who  was  disciplined  or  placed  on supervision
23    pursuant to this Section must be referred to the Director for
24    a determination as to whether the person shall  have  his  or
25    her  license  suspended immediately, pending a hearing by the
26    Board.
27    (Source: P.A. 91-357, eff. 7-29-99.)".