Full Text of HB0298 94th General Assembly
HB0298 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0298
Introduced 1/19/2005, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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5 ILCS 80/4.16 |
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225 ILCS 5/3 |
from Ch. 111, par. 7603 |
225 ILCS 5/4 |
from Ch. 111, par. 7604 |
225 ILCS 5/6 |
from Ch. 111, par. 7606 |
225 ILCS 5/9 |
from Ch. 111, par. 7609 |
225 ILCS 5/10 |
from Ch. 111, par. 7610 |
225 ILCS 5/13 |
from Ch. 111, par. 7613 |
225 ILCS 5/16 |
from Ch. 111, par. 7616 |
225 ILCS 5/17.5 |
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225 ILCS 5/34.1 new |
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225 ILCS 5/34.2 new |
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225 ILCS 5/34 rep. |
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Amends the Regulatory Sunset Act to remove the Illinois Athletic Trainers Practice Act from the list of Acts that get repealed pursuant to the Regulatory Sunset Act. Amends the Illinois
Athletic Trainers Practice Act. Changes the definitions of the terms "licensed
athletic trainer" and "referral". Provides a definition for the terms
"athletic injury" and "athletic training aide". Makes changes in provisions
concerning
what activities are exempt from the application of the Act, educational and
professional requirements, requirements for licensure by endorsement, and
grounds for disciplinary action. Adds a licensed athletic trainer to the
Athletic Training Board. Removes provisions concerning initial appointments to
the Board. Corrects references to registration to reflect that athletic
trainers are licensed. Provides that if any portion of the Act is held
invalid, the invalidity of that portion shall not affect any other part of the
the Act that can be given effect without the invalid portion. Provides that a
licensed athletic trainer who provides emergency care without fee shall not be
held liable for civil damages unless his or her acts constitute wilful or
wanton misconduct. Makes other changes. Effective immediately.
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A BILL FOR
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HB0298 |
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LRB094 06459 RAS 36547 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.16 as follows:
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| (5 ILCS 80/4.16)
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| Sec. 4.16. Acts repealed January 1, 2006. The following | 8 |
| Acts are repealed January 1, 2006:
| 9 |
| The Respiratory Care Practice Act.
| 10 |
| The Hearing Instrument Consumer Protection Act.
| 11 |
| The Illinois Dental Practice Act.
| 12 |
| The Professional Geologist Licensing Act.
| 13 |
| The Illinois Athletic Trainers Practice Act.
| 14 |
| The Barber, Cosmetology, Esthetics, and Nail Technology | 15 |
| Act of 1985.
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| The Collection Agency Act.
| 17 |
| The Illinois Roofing Industry Licensing Act.
| 18 |
| The Illinois Physical Therapy Act.
| 19 |
| (Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80, | 20 |
| eff. 6-30-95;
89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387, | 21 |
| eff. 8-20-95; 89-626, eff.
8-9-96.)
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| Section 10. The Illinois Athletic Trainers Practice Act is | 23 |
| amended by
changing Sections 3, 4, 6, 9, 10, 13, 16, and 17.5 | 24 |
| and adding Sections 34.1 and
34.2 as follows:
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| (225 ILCS 5/3) (from Ch. 111, par. 7603)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 3. Definitions. As used in this Act:
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| (1) "Department" means the Department of Professional | 29 |
| Regulation.
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| (2) "Director" means the Director of Professional |
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HB0298 |
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LRB094 06459 RAS 36547 b |
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| Regulation.
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| (3) "Board" means the Illinois Board of Athletic Trainers | 3 |
| appointed by the
Director.
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| (4) "Licensed athletic trainer" means a person licensed to | 5 |
| practice
athletic training under
as defined in this Act and | 6 |
| with the specific
qualifications set forth in Section 9 of this | 7 |
| Act who, upon the direction or
referral of a physician licensed | 8 |
| under the Medical Practice Act of 1987, carries out the | 9 |
| practice of
prevention,
recognition, evaluation, management, | 10 |
| treatment, disposition, and rehabilitation
of athletic | 11 |
| injuries.
of his or her team physician or consulting
physician, | 12 |
| carries out the practice of prevention/emergency care or | 13 |
| physical
reconditioning of injuries incurred by athletes | 14 |
| participating in an athletic
program conducted by an | 15 |
| educational institution, professional athletic
organization, | 16 |
| or sanctioned amateur athletic organization employing the
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| athletic trainer; or a person who, under the direction of a | 18 |
| physician, carries
out comparable functions for a health | 19 |
| organization-based extramural program of
athletic training | 20 |
| services for athletes. Specific duties of the athletic
trainer | 21 |
| include but are not limited to:
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| A. supervision of the selection, fitting, and | 23 |
| maintenance of
protective equipment;
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| B. provision of assistance to the coaching staff in the | 25 |
| development and
implementation of conditioning programs;
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| C. counseling of athletes on nutrition and hygiene;
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| D. supervision of athletic training facilities
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| facility and inspection of playing
facilities;
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| E. selection and maintenance of athletic training | 30 |
| equipment and supplies;
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| F. instruction and supervision of athletic training | 32 |
| students and athletic
training aides
student
trainer | 33 |
| staff ;
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| G. coordination with a team or consulting physician to | 35 |
| provide:
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| (i) pre-participation
pre-competition physical |
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HB0298 |
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LRB094 06459 RAS 36547 b |
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| exam and health
history updates,
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| (ii) game coverage or phone access to a physician | 3 |
| or
paramedic,
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| (iii) follow-up injury care,
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| (iv) rehabilitation and reconditioning programs, | 6 |
| and
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| (v) assistance on all matters pertaining to the | 8 |
| health and
well-being of athletes ;
.
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| H. provision of on-site injury care and evaluation as | 10 |
| well as
appropriate transportation, follow-up treatment | 11 |
| and rehabilitation as
necessary for all injuries sustained | 12 |
| by athletes in the program;
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| I. with a physician, determination of when an athlete | 14 |
| may safely
return to full participation post-injury; and
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| J. maintenance of complete and accurate records of all | 16 |
| athletic injuries
and treatments rendered.
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| To carry out these functions the athletic trainer is | 18 |
| authorized to
utilize modalities including, but not limited to,
| 19 |
| such as heat, light,
sound, cold, electricity, exercise, | 20 |
| therapeutic massage,
mobilization, application of topical | 21 |
| medications used in generally accepted
rehabilitation | 22 |
| protocols when prescribed by a physician, or durable medical
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| equipment and mechanical devices related to treatment and | 24 |
| rehabilitation.
An athletic trainer is not authorized to | 25 |
| utilize chiropractic
techniques
care and reconditioning .
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| (5) "Referral" means the guidance and
or direction to the | 27 |
| athletic
trainer given by the physician, who shall maintain | 28 |
| supervision
of the athlete.
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| (6) "Athletic injury" means an injury sustained by an | 30 |
| individual that
effects the individual's participation or | 31 |
| performance in sports, games,
recreation, or exercise, or an | 32 |
| injury or condition identified by a licensed
physician as | 33 |
| benefiting from athletic training services.
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| (7) "Athletic training aide" means a person who has | 35 |
| received on-the-job
training specific to the facility in which | 36 |
| he or she is employed, but is not
enrolled in an accredited |
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LRB094 06459 RAS 36547 b |
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| athletic training
curriculum.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (225 ILCS 5/4) (from Ch. 111, par. 7604)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 4. Licensure requirement - Exempt activities.
After | 6 |
| the effective date of this Act, no person
shall provide any of | 7 |
| the services set forth in subsection (4) of Section 3
of this | 8 |
| Act, or use the title "athletic trainer" or
"certified athletic | 9 |
| trainer" or "athletic trainer certified" or the letters
"A.T.", | 10 |
| "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after his name, | 11 |
| unless licensed
under this Act.
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| Nothing in this Act shall be construed as preventing or | 13 |
| restricting any of
the following practices
the practice , | 14 |
| services, or activities of:
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| (1) Any person licensed or registered in this State by any | 16 |
| other law
from engaging in the profession or occupation for | 17 |
| which he or she is
licensed or
registered . ; or
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| (2) Any person employed as an athletic trainer by the | 19 |
| Government of the
United States, if such person provides | 20 |
| athletic training solely under the
direction or control of the | 21 |
| organization by which he or she is employed . ;
or
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| (3) Any person pursuing a course of study leading to a | 23 |
| degree or
certificate in athletic training at an accredited or | 24 |
| approved educational
program or at a non-accredited program | 25 |
| that has a formal matriculation
agreement with an accredited | 26 |
| program if such activities and services
constitute a part of a | 27 |
| supervised course of study
involving daily personal or verbal | 28 |
| contact at the site of supervision between
the athletic | 29 |
| training student and the
licensed athletic trainer who plans, | 30 |
| directs, advises, and evaluates the
student's athletic | 31 |
| training experience. The
supervising licensed athletic trainer | 32 |
| must be on-site where the athletic
training experience hours | 33 |
| are being obtained. A person meeting the criteria
under this | 34 |
| item (3) must be
, and if such person is designated by a title | 35 |
| which clearly
indicates his or her status as a student or
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| trainee . ; or
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| (4) (Blank).
Any person fulfilling the supervised work | 3 |
| experience requirements of
Section 9 of this Act, if such | 4 |
| activities and services constitute a part of
the experience | 5 |
| necessary to meet the requirements of that Section; or
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| (5) The practice of athletic training under the supervision | 7 |
| of a licensed
athletic trainer by one who has applied in | 8 |
| writing
to the Department for
licensure and has complied with | 9 |
| all the provisions
of Section 9 except the passing of the | 10 |
| examination to be eligible to receive
such license. In no event | 11 |
| shall this exemption extend to any
person for longer than 3 | 12 |
| months . Anyone who has previously failed the
examination or | 13 |
| fails the examination during this 3 months shall immediately
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| cease practice as an athletic trainer and shall not engage in | 15 |
| the practice of
athletic training again until he or she passes | 16 |
| the examination. ; or
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| (6) Any person in a coaching position from rendering | 18 |
| emergency care on an as
needed basis to the athletes under his | 19 |
| or her supervision when a licensed
athletic trainer is not | 20 |
| available. ; or
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| (7) Any person who is an athletic trainer from another | 22 |
| nation, state, or
territory
acting as an athletic trainer while | 23 |
| performing
his duties for his or her respective non-Illinois | 24 |
| based team or
organization, so long as he or she restricts his | 25 |
| or her duties to his
or her team or organization during the | 26 |
| course of his or her team's or
organization's stay in this | 27 |
| State. For the purposes of this Act, a team
shall be considered | 28 |
| based in Illinois if its home contests are held in
Illinois, | 29 |
| regardless of the location of the team's administrative | 30 |
| offices.
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| (8) Athletic training by persons licensed in another state | 32 |
| who have
applied in writing to the Department for licensure by | 33 |
| endorsement for no longer
than 3 months or until such time that | 34 |
| notification has been
given that licensure has been granted or | 35 |
| denied, whichever period of time is
lesser.
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| (9) Athletic training by one who has applied in writing to |
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HB0298 |
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| the Department
for licensure and has complied with all the | 2 |
| provisions of Section 9 for no
longer than 6 months or until | 3 |
| such time that notification has been given that
licensure has | 4 |
| been granted or denied, whichever period of time is lesser.
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| (10) Athletic training by persons actively licensed as an | 6 |
| athletic trainer
in another state or currently certified by the | 7 |
| Board of
Certification, Inc., if the person's home state does
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| not regulate the practice of athletic training, under the | 9 |
| supervision of an
Illinois licensed athletic trainer at a | 10 |
| special
athletic tournament or event conducted by a sanctioned | 11 |
| amateur athletic
organization (including, but not limited to, | 12 |
| the Prairie State Games and the
Special Olympics) for no more | 13 |
| than 4 days. This shall not include contests or
events that are | 14 |
| part of a scheduled series of regular season events.
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| (11) Athletic training aides from performing patient care | 16 |
| activities under
the
on-site supervision of a licensed athletic | 17 |
| trainer. These patient care
activities shall not include | 18 |
| interpretation of referrals, evaluation
procedures, the | 19 |
| planning of or major modifications to patient programs, or solo
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| practice or
event coverage without immediate access to a | 21 |
| licensed athletic trainer.
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| (Source: P.A. 89-216, eff. 1-1-96.)
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| (225 ILCS 5/6) (from Ch. 111, par. 7606)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 6. Athletic Training Board ; appointment ; membership ;
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| term ; duties.
The Director shall appoint an Illinois Board of | 27 |
| Athletic Trainers as follows:
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6 persons who shall be | 28 |
| appointed by and shall serve in an advisory
capacity to the | 29 |
| Director. Two members must be licensed physicians; 4
3
members | 30 |
| must be licensed
registered athletic trainers in good standing, | 31 |
| and actively
engaged
in the practice of or teaching of athletic | 32 |
| training in this State; and 1
member must be a
public member | 33 |
| who is not licensed
registered under this Act, or a similar Act | 34 |
| of
another jurisdiction, and is not a provider of athletic | 35 |
| health care service.
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| Members shall serve 4 year terms and until their successors | 2 |
| are appointed
and qualified except that of the initial | 3 |
| appointments, 1 member shall be
appointed to serve for one | 4 |
| year, 2 shall be appointed to serve for 2 years,
2 shall be | 5 |
| appointed to serve for 3 years, and the remaining one, who | 6 |
| shall
be the public member, shall be appointed to serve for 4 | 7 |
| years, and until their
successors are appointed and qualified.
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| No member shall be reappointed to
the Board for more than 2 | 9 |
| terms. Appointments to fill vacancies shall be
made in the same | 10 |
| manner as original appointments, for the unexpired portion
of | 11 |
| the vacated term. Initial terms shall begin upon the effective | 12 |
| date of
this Act.
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| The membership of the Board should reasonably reflect | 14 |
| representation from
the geographic areas in this State.
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| The Director may terminate the appointment of any member | 16 |
| for cause which
in the opinion of the Director reasonably | 17 |
| justifies such termination.
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| The Director shall consider the recommendation of the Board | 19 |
| on questions
involving standards of professional conduct, | 20 |
| discipline, and qualifications
of candidates and license | 21 |
| holders under this Act.
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| (Source: P.A. 91-827, eff. 6-13-00.)
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| (225 ILCS 5/9) (from Ch. 111, par. 7609)
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| (Section scheduled to be repealed on January 1, 2006)
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| Sec. 9. Educational and professional requirements. A | 26 |
| person having the
qualifications prescribed in this Section | 27 |
| shall be qualified to receive a
license as an athletic trainer | 28 |
| if he or she:
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| (a) has graduated from a curriculum in athletic training | 30 |
| accredited
approved by the Department. In approving a | 31 |
| curriculum in athletic training,
the Department shall | 32 |
| consider, but not be bound by, accreditation by the
Joint | 33 |
| Review Committee on
Athletic Training (JRC-AT) of the | 34 |
| Commission
Committee on Accreditation
of Allied Health
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| Education Programs (CAAHEP) or its successor entity; or
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| (b) gives proof of certification, on the date of | 2 |
| application, in First Aid
and CPR/AED or the equivalent based | 3 |
| on the current national standards of the National Safety | 4 |
| Council, American Red Cross, or American Heart Association; and
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| graduation from a 4 year accredited college or
university and | 6 |
| has met the following minimum athletic training curriculum
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| requirements
established by the Board:
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| Completion of the following specific course requirements:
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| (1) Anatomy
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| (2) Physiology
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| (3) Physiology of Exercise
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| (4) Applied Anatomy and Kinesiology
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| (5) Psychology (2 courses)
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| (6) First Aid and CPR or equivalent (American Red Cross | 15 |
| standards)
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| (7) Nutrition
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| (8) Remedial Exercise or Therapeutic Exercise
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| (9) Personal, Community, and School Health
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| (10) Techniques of Athletic Training (fundamentals)
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| (11) Advanced Techniques of Athletic Training | 21 |
| (modalities,
administration)
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| (12) Clinical Experience
(1500 hours) over a minimum of | 23 |
| a 2 year academic
period within a 5 year calendar period.
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| (c) has passed an examination approved by the Department to | 25 |
| determine his
or her fitness for practice as an athletic | 26 |
| trainer, or is entitled to be
licensed without examination as | 27 |
| provided in Sections 7 and 8 of this Act.
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| The Department may request a personal interview of an | 29 |
| applicant before
the Board
committee to further evaluate his or | 30 |
| her qualifications for a
license.
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| An applicant has 3 years from the date of
his or her
| 32 |
| application to complete the
application process. If the process | 33 |
| has not been completed in 3 years, the
application shall be | 34 |
| denied, the fee forfeited, and the applicant must reapply
and | 35 |
| meet
the requirements in effect at the time of reapplication.
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| (Source: P.A. 89-216, eff. 1-1-96.)
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LRB094 06459 RAS 36547 b |
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| (225 ILCS 5/10) (from Ch. 111, par. 7610)
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| (Section scheduled to be repealed on January 1, 2006)
| 3 |
| Sec. 10. License expiration; renewal; continuing education | 4 |
| requirement.
The expiration date of licenses issued under this | 5 |
| Act shall be set by rule.
Licenses shall be renewed according | 6 |
| to procedures established by the Department
and upon payment of | 7 |
| the renewal fee established herein and notarized proof
of | 8 |
| completion
40 contact hours of approved continuing education
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| relating to the performance and practice of
athletic training. | 10 |
| The number of hours required and their composition shall
be set | 11 |
| by rule.
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| (Source: P.A. 89-216, eff. 1-1-96; 89-626, eff. 8-9-96.)
| 13 |
| (225 ILCS 5/13) (from Ch. 111, par. 7613)
| 14 |
| (Section scheduled to be repealed on January 1, 2006)
| 15 |
| Sec. 13. Endorsement. The Department may, at its | 16 |
| discretion, license as an athletic trainer, without | 17 |
| examination, on payment of the
fee, an
applicant for licensure | 18 |
| who is an athletic trainer
registered or licensed under the | 19 |
| laws of another state if the requirements
pertaining to
| 20 |
| athletic trainers in such state were at the date of his or her | 21 |
| registration
or licensure substantially equal to the | 22 |
| requirements in force in Illinois on
that date.
If the
| 23 |
| requirements of that state are not substantially equal to the | 24 |
| Illinois
requirements or, if at the time of application, the | 25 |
| state in which the
applicant has been practicing does not | 26 |
| regulate the practice of athletic
training, and the applicant
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| began practice in that state prior to January 1, 2004, a person | 28 |
| having the
qualifications prescribed in this Section shall
be | 29 |
| qualified to receive a license as an athletic trainer if he or | 30 |
| she:
| 31 |
| (1) has passed an examination approved by the | 32 |
| Department to determine his
or her fitness for practice as | 33 |
| an
athletic trainer;
| 34 |
| (2) gives proof of certification on the date of |
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HB0298 |
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LRB094 06459 RAS 36547 b |
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| application in First Aid
and
CPR/AED or the equivalent | 2 |
| based on American Red Cross or equivalent standards; and
| 3 |
| (3)(A) has graduated from a curriculum in athletic | 4 |
| training approved by
the
Department. In approving a | 5 |
| curriculum in athletic training, the Department
shall | 6 |
| consider, but not be bound by, accreditation by the | 7 |
| Joint Review
Committee on Athletic Training (JRC-AT) | 8 |
| of the Commission on Accreditation of
Allied Health | 9 |
| Education Programs (CAAHEP) or its successor entity; | 10 |
| or
| 11 |
| (B) gives proof of graduation from a 4-year | 12 |
| accredited college or
university
and has met the | 13 |
| following minimum athletic training curriculum | 14 |
| requirements
established by the Board, which shall | 15 |
| include completion of all of the
following specific | 16 |
| course requirements:
| 17 |
| (i) Anatomy.
| 18 |
| (ii) Physiology.
| 19 |
| (iii) Physiology of exercise
| 20 |
| (iv) Applied anatomy and kinesiology.
| 21 |
| (v) Psychology (1 course).
| 22 |
| (vi) Nutrition.
| 23 |
| (vii) Remedial exercise or therapeutic | 24 |
| exercise.
| 25 |
| (viii) Personal, Community, and School Health
| 26 |
| (ix) Techniques of athletic training | 27 |
| (fundamentals)
| 28 |
| (x) Advanced techniques of athletic training | 29 |
| (modalities and
administration).
| 30 |
| (xi) Clinical experience (1500 hours) over a | 31 |
| minimum of a 2-year
academic period within a 5
year | 32 |
| calendar period.
| 33 |
| The Department may request a personal interview of an | 34 |
| applicant before the
Board to further evaluate his or her | 35 |
| qualifications for license.
| 36 |
| Applicants have 3 years from the date of application to |
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HB0298 |
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LRB094 06459 RAS 36547 b |
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| complete the
application process. If the process has not been | 2 |
| completed in 3
years, the application shall be denied, the fee | 3 |
| forfeited and the
applicant must reapply and meet the | 4 |
| requirements in effect at the time of
reapplication.
| 5 |
| (Source: P.A. 89-216, eff. 1-1-96.)
| 6 |
| (225 ILCS 5/16) (from Ch. 111, par. 7616)
| 7 |
| (Section scheduled to be repealed on January 1, 2006)
| 8 |
| Sec. 16. Refusal to issue, suspension, or revocation of | 9 |
| license. The
Department may refuse to issue or renew, or may | 10 |
| revoke, suspend,
place on probation, reprimand, or take other | 11 |
| disciplinary
action as the Department may deem proper, | 12 |
| including fines not to exceed
$1,000 for each violation, with | 13 |
| regard to any licensee for any one or
combination of the | 14 |
| following:
| 15 |
| (A) Material misstatement in furnishing information to the
| 16 |
| Department;
| 17 |
| (B) Negligent or intentional disregard of this Act, or of
| 18 |
| the rules or regulations promulgated hereunder;
| 19 |
| (C) Conviction of any crime under the laws of the United | 20 |
| States or any
state or territory thereof that is (i) a felony , | 21 |
| (ii)
or a
misdemeanor, and an essential element of which is | 22 |
| dishonesty, or (iii)
of any crime
that is
directly related to | 23 |
| the practice of the profession;
| 24 |
| (D) Making any misrepresentation for the purpose of | 25 |
| obtaining registration,
or violating any provision of this Act;
| 26 |
| (E) Professional incompetence;
| 27 |
| (F) Malpractice;
| 28 |
| (G) Aiding or assisting another person in violating any | 29 |
| provision of this
Act or rules;
| 30 |
| (H) Failing, within 60 days, to provide information in | 31 |
| response to a written
request made by the Department;
| 32 |
| (I) Engaging in dishonorable, unethical, or unprofessional | 33 |
| conduct of a
character likely to deceive, defraud or harm the | 34 |
| public;
| 35 |
| (J) Habitual intoxication or addiction to the use of drugs;
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| 1 |
| (K) Discipline by another state, District of Columbia, | 2 |
| territory, or foreign
nation, if at least one of the grounds | 3 |
| for the discipline is the same
or substantially equivalent to | 4 |
| those set forth herein;
| 5 |
| (L) Directly or indirectly giving to or receiving from any | 6 |
| person, firm,
corporation, partnership, or association any | 7 |
| fee, commission, rebate,
or other form of compensation for any | 8 |
| professional services not actually or
personally rendered;
| 9 |
| (M) A finding that the
licensee after having his or her | 10 |
| license placed
on probationary status has violated the terms of | 11 |
| probation;
| 12 |
| (N) Abandonment of an athlete;
| 13 |
| (O) Willfully making or filing false records or reports in | 14 |
| his or her
practice, including but not limited to false records | 15 |
| filed with State agencies
or
departments;
| 16 |
| (P) Willfully failing to report an instance of suspected | 17 |
| child abuse or
neglect as required by the Abused and Neglected | 18 |
| Child Reporting
Act;
| 19 |
| (Q) Physical illness, including but not limited to | 20 |
| deterioration
through
the aging process, or loss of motor skill | 21 |
| that results in the
inability to practice the profession with | 22 |
| reasonable judgment, skill, or
safety;
| 23 |
| (R) Solicitation of professional services other than by | 24 |
| permitted
institutional policy;
| 25 |
| (S) The use of any words, abbreviations, figures or letters | 26 |
| with the
intention of indicating practice as an athletic | 27 |
| trainer without a valid
license as an athletic trainer under | 28 |
| this Act;
| 29 |
| (T) The treatment of injuries of athletes by a licensed
| 30 |
| athletic trainer except by the referral of a physician,
| 31 |
| podiatrist,
or dentist;
| 32 |
| (U) Willfully violating or knowingly assisting in the | 33 |
| violation of any
law of this State relating to the use of | 34 |
| habit-forming drugs;
| 35 |
| (V) Willfully violating or knowingly assisting in the | 36 |
| violation of any
law
of this State relating to the practice of |
|
|
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| 1 |
| abortion;
| 2 |
| (W) Continued practice by a person knowingly having an | 3 |
| infectious
communicable or contagious disease;
| 4 |
| (X) Being named as a perpetrator in an indicated report by | 5 |
| the
Department of Children and Family Services pursuant to the | 6 |
| Abused and
Neglected Child Reporting Act and upon
proof by | 7 |
| clear and convincing evidence that the licensee has
caused a | 8 |
| child to be an abused child or neglected child as defined in | 9 |
| the
Abused and Neglected Child Reporting Act;
| 10 |
| (Y) Failure to file a return, or to pay the tax, penalty, | 11 |
| or interest
shown in a filed return, or to pay any final | 12 |
| assessment of tax, penalty, or
interest, as required by any tax | 13 |
| Act administered by the Illinois
Department of Revenue, until | 14 |
| such time as the requirements of any such tax
Act are | 15 |
| satisfied; or
| 16 |
| (Z) Failure to fulfill continuing education requirements | 17 |
| as prescribed in
Section 10 of this Act.
| 18 |
| The determination by a circuit court that a
licensee is | 19 |
| subject to
involuntary admission or judicial admission as | 20 |
| provided in the Mental Health
and Developmental Disabilities | 21 |
| Code operates as an automatic suspension. Such
suspension will | 22 |
| end only upon a finding by a court that the athletic
trainer is | 23 |
| no longer subject to involuntary admission or judicial
| 24 |
| admission and issues an order so finding and discharging the | 25 |
| athlete; and
upon the recommendation of the
Board to the | 26 |
| Director that the licensee be
allowed to resume his or her | 27 |
| practice.
| 28 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 29 |
| (225 ILCS 5/17.5)
| 30 |
| (Section scheduled to be repealed on January 1, 2006)
| 31 |
| Sec. 17.5. Unlicensed
Unregistered practice; violation; | 32 |
| civil
penalty.
| 33 |
| (a) Any person who practices, offers to practice, attempts | 34 |
| to practice, or
holds oneself out to practice as a licensed
| 35 |
| registered athletic trainer
without being licensed
registered
|
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| 1 |
| under this Act shall, in
addition to any other penalty provided | 2 |
| by law, pay a civil penalty to the
Department in an amount not | 3 |
| to exceed $5,000 for each offense as determined by
the | 4 |
| Department. The civil penalty shall be assessed by the | 5 |
| Department after a
hearing is held in accordance with the | 6 |
| provisions set forth in this Act
regarding the provision of a | 7 |
| hearing for the discipline of a licensee.
| 8 |
| (b) The Department has the authority and power to | 9 |
| investigate any and all
unlicensed activity.
| 10 |
| (c) The civil penalty shall be paid within 60 days after | 11 |
| the effective date
of the order imposing the civil penalty. The | 12 |
| order shall constitute a judgment
and may be filed and | 13 |
| execution had thereon in the same manner as any judgment
from | 14 |
| any court of record.
| 15 |
| (Source: P.A. 89-474, eff. 6-18-96.)
| 16 |
| (225 ILCS 5/34.1 new)
| 17 |
| (Section scheduled to be repealed on January 1, 2006)
| 18 |
| Sec. 34.1. Partial invalidity.
If any portion of this Act | 19 |
| is held invalid, the invalidity of that portion
shall not
| 20 |
| affect any other portion of this Act that can be given effect | 21 |
| without the
invalid
portion.
| 22 |
| (225 ILCS 5/34.2 new)
| 23 |
| (Section scheduled to be repealed on January 1, 2006)
| 24 |
| Sec. 34.2. Emergency care without fee; liability.
Any | 25 |
| licensed athletic trainer, as defined in Section 3 of this
Act, | 26 |
| who in good faith provides emergency care without fee to any | 27 |
| person, shall
not, as a result of his acts or
omissions, except | 28 |
| willful and wanton misconduct on the part of such person in
| 29 |
| providing such care, be liable for civil
damages to a person to | 30 |
| whom such care is provided.
| 31 |
| (225 ILCS 5/34 rep.)
| 32 |
| Section 15. The Illinois Athletic Trainers Practice Act is | 33 |
| amended by
repealing Section 34.
|
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| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law. |
|