Full Text of SB0637 98th General Assembly
SB0637sam001 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/6/2014
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| 1 | | AMENDMENT TO SENATE BILL 637
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 637 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Physical Therapy Act is amended by | 5 | | changing Section 17 as follows:
| 6 | | (225 ILCS 90/17) (from Ch. 111, par. 4267)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 17. (1) The Department may refuse to issue or to | 9 | | renew, or may
revoke, suspend, place on probation, reprimand, | 10 | | or
take other disciplinary action as the Department deems | 11 | | appropriate,
including the issuance of fines not to exceed | 12 | | $5000, with regard to a
license for any one or a combination of | 13 | | the following:
| 14 | | A. Material misstatement in furnishing information to | 15 | | the Department
or otherwise making misleading, deceptive, | 16 | | untrue, or fraudulent
representations in violation of this |
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| 1 | | Act or otherwise in the practice of
the profession;
| 2 | | B. Violations of this Act, or of
the rules or | 3 | | regulations promulgated hereunder;
| 4 | | C. Conviction of any crime under the laws of the United | 5 | | States or any
state or territory thereof which is a felony | 6 | | or which is a misdemeanor,
an essential element of which is | 7 | | dishonesty, or of any crime which is directly
related to | 8 | | the practice of the profession; conviction, as used in this
| 9 | | paragraph, shall include a finding or verdict of guilty, an | 10 | | admission of
guilt or a plea of nolo contendere;
| 11 | | D. Making any misrepresentation for the purpose of | 12 | | obtaining licenses,
or violating any provision of this Act | 13 | | or the rules promulgated thereunder
pertaining to | 14 | | advertising;
| 15 | | E. A pattern of practice or other behavior which | 16 | | demonstrates incapacity
or incompetency to practice under | 17 | | this Act;
| 18 | | F. Aiding or assisting another person in violating any
| 19 | | provision of this Act or Rules;
| 20 | | G. Failing, within 60 days, to provide information in | 21 | | response to a written
request made by the Department;
| 22 | | H. Engaging in dishonorable, unethical or | 23 | | unprofessional conduct of a
character likely to deceive, | 24 | | defraud or harm the public. Unprofessional
conduct shall | 25 | | include any departure from or the failure to conform to the
| 26 | | minimal standards of acceptable and prevailing physical |
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| 1 | | therapy practice,
in which proceeding actual injury to a | 2 | | patient need not be established;
| 3 | | I. Unlawful distribution of any drug or narcotic, or | 4 | | unlawful
conversion of any drug or narcotic not belonging | 5 | | to the person for such
person's own use or benefit or for | 6 | | other than medically accepted
therapeutic purposes;
| 7 | | J. Habitual or excessive use or addiction to alcohol, | 8 | | narcotics,
stimulants, or any other chemical agent or drug | 9 | | which results in a physical
therapist's or physical | 10 | | therapist assistant's
inability to practice with | 11 | | reasonable judgment, skill or safety;
| 12 | | K. Revocation or suspension of a license to practice | 13 | | physical therapy
as a physical therapist or physical | 14 | | therapist assistant or the taking
of other disciplinary | 15 | | action by the proper licensing authority of
another state, | 16 | | territory or country;
| 17 | | L. Directly or indirectly giving to or receiving from | 18 | | any person, firm,
corporation, partnership, or association | 19 | | any fee, commission, rebate or other
form of compensation | 20 | | for any professional services not actually or
personally | 21 | | rendered. Nothing contained in this paragraph prohibits | 22 | | persons holding valid and current licenses under this Act | 23 | | from practicing physical therapy in partnership under a | 24 | | partnership agreement, including a limited liability | 25 | | partnership, a limited liability company, or a corporation | 26 | | under the Professional Service Corporation Act or from |
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| 1 | | pooling, sharing, dividing, or apportioning the fees and | 2 | | monies received by them or by the partnership, company, or | 3 | | corporation in accordance with the partnership agreement | 4 | | or the policies of the company or professional corporation. | 5 | | Nothing in this paragraph (L) affects any bona fide | 6 | | independent contractor or employment arrangements among | 7 | | health care professionals, health facilities, health care | 8 | | providers, or other entities, except as otherwise | 9 | | prohibited by law. Any employment arrangements may include | 10 | | provisions for compensation, health insurance, pension, or | 11 | | other employment benefits for the provision of services | 12 | | within the scope of the licensee's practice under this Act. | 13 | | Nothing in this paragraph (L) shall be construed to require | 14 | | an employment arrangement to receive professional fees for | 15 | | services rendered;
| 16 | | M. A finding by the Board that the licensee after | 17 | | having his or
her license
placed on probationary status has | 18 | | violated the terms of probation;
| 19 | | N. Abandonment of a patient;
| 20 | | O. Willfully failing to report an instance of suspected | 21 | | child abuse or
neglect as required by the Abused and | 22 | | Neglected Child Reporting Act;
| 23 | | P. Willfully failing to report an instance of suspected | 24 | | elder abuse or
neglect as required by the Elder Abuse | 25 | | Reporting Act;
| 26 | | Q. Physical illness, including but not limited to, |
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| 1 | | deterioration through
the aging process, or loss of motor | 2 | | skill which results in the inability
to practice the | 3 | | profession with reasonable judgement, skill or safety;
| 4 | | R. The use of any words (such as physical therapy, | 5 | | physical therapist
physiotherapy or physiotherapist), | 6 | | abbreviations, figures or letters with
the intention of | 7 | | indicating practice as a licensed physical therapist
| 8 | | without a valid license as a physical therapist issued | 9 | | under this Act;
| 10 | | S. The use of the term physical therapist assistant, or | 11 | | abbreviations,
figures, or letters with the intention of | 12 | | indicating practice as a physical
therapist assistant | 13 | | without a valid license as a physical therapist
assistant | 14 | | issued under this Act;
| 15 | | T. Willfully violating or knowingly assisting in the | 16 | | violation of any
law of this State relating to the practice | 17 | | of abortion;
| 18 | | U. Continued practice by a person knowingly having an | 19 | | infectious,
communicable or contagious disease;
| 20 | | V. Having treated ailments of human beings otherwise | 21 | | than by
the practice of physical therapy as defined in this | 22 | | Act , or , as provided in this paragraph V, having treated
| 23 | | ailments of human beings as a licensed physical therapist | 24 | | independent of a
documented referral or a documented | 25 | | current and relevant diagnosis from a
physician, dentist, | 26 | | advanced practice nurse, physician assistant, or podiatric |
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| 1 | | physician, or having failed to notify the
physician, | 2 | | dentist, advanced practice nurse, physician assistant, or | 3 | | podiatric physician who established a documented current | 4 | | and
relevant diagnosis that the patient is receiving | 5 | | physical therapy pursuant
to that diagnosis; referral from | 6 | | a physician or other health care provider under this | 7 | | paragraph V is not required: | 8 | | (1) for interventions provided by a physical | 9 | | therapist or physical therapist assistant supervised | 10 | | by a physical therapist: | 11 | | (a) in a school-based or educational | 12 | | environment, including the child's home; or | 13 | | (b) in any natural environment where early | 14 | | intervention services are delivered; or | 15 | | (2) for the purposes of providing consultation, | 16 | | habilitation, screening, education, wellness, | 17 | | prevention, environmental assessments, and | 18 | | work-related services to individuals, groups, or | 19 | | populations;
| 20 | | W. Being named as a perpetrator in an indicated report | 21 | | by the
Department of Children and Family Services pursuant | 22 | | to the Abused and
Neglected Child Reporting Act, and upon | 23 | | proof by clear and convincing
evidence that the licensee | 24 | | has caused a child to be an abused child or
neglected child | 25 | | as defined in the Abused and Neglected Child Reporting Act;
| 26 | | X. Interpretation of referrals, performance of |
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| 1 | | evaluation procedures,
planning or making major | 2 | | modifications of patient programs by a physical
therapist | 3 | | assistant;
| 4 | | Y. Failure by a physical therapist assistant and | 5 | | supervising physical
therapist to maintain continued | 6 | | contact, including periodic personal
supervision and | 7 | | instruction, to insure safety and welfare of patients;
| 8 | | Z. Violation of the Health Care Worker Self-Referral | 9 | | Act.
| 10 | | (2) The determination by a circuit court that a licensee is | 11 | | subject to
involuntary admission or judicial admission as | 12 | | provided in the Mental Health
and Developmental Disabilities | 13 | | Code operates as an automatic suspension.
Such suspension will | 14 | | end only upon a finding by a court that the patient is
no | 15 | | longer subject to involuntary admission or judicial admission | 16 | | and the
issuance of an order so finding and discharging the | 17 | | patient; and upon the
recommendation of the Board to the | 18 | | Director that the licensee be
allowed to resume his practice.
| 19 | | (3) The Department may refuse to issue or may suspend the | 20 | | license of any
person who fails to file a return, or to pay the | 21 | | tax, penalty or interest
shown in a filed return, or to pay any | 22 | | final assessment of tax, penalty or
interest, as required by | 23 | | any tax Act administered by the Illinois
Department of Revenue, | 24 | | until such time as the requirements of any such tax
Act are | 25 | | satisfied.
| 26 | | (Source: P.A. 98-214, eff. 8-9-13.)".
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