Full Text of HB4643 100th General Assembly
HB4643 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4643 Introduced , by Rep. Daniel J. Burke and Theresa Mah SYNOPSIS AS INTRODUCED: |
| 225 ILCS 90/1 | from Ch. 111, par. 4251 | 225 ILCS 90/17 | from Ch. 111, par. 4267 |
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Amends the Illinois Physical Therapy Act. Provides that the limitation on determining a differential diagnosis shall not in any manner limit a physical therapist from establishing a relevant diagnosis. In the definition of "documented current and relevant diagnosis" and in provisions concerning disciplinary actions, removes language requiring a diagnosis to be substantiated by a physician, dentist, advanced practice registered nurse, physician assistant, or podiatric physician. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Physical Therapy Act is amended by | 5 | | changing Sections 1 and 17 as follows:
| 6 | | (225 ILCS 90/1) (from Ch. 111, par. 4251)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 1. Definitions. As used in this Act:
| 9 | | (1) "Physical therapy" means all of the following: | 10 | | (A) Examining, evaluating, and testing individuals who | 11 | | may have mechanical, physiological, or developmental | 12 | | impairments, functional limitations, disabilities, or | 13 | | other health and movement-related conditions, classifying | 14 | | these disorders, determining a rehabilitation prognosis | 15 | | and plan of therapeutic intervention, and assessing the | 16 | | ongoing on-going effects of the interventions. | 17 | | (B) Alleviating impairments, functional limitations, | 18 | | or disabilities by designing, implementing, and modifying | 19 | | therapeutic interventions that may include, but are not | 20 | | limited to, the evaluation or treatment of a person through | 21 | | the use of the effective properties of physical measures | 22 | | and heat, cold, light, water, radiant energy, electricity, | 23 | | sound, and air and use of therapeutic massage, therapeutic |
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| 1 | | exercise, mobilization, and rehabilitative procedures, | 2 | | with or without assistive devices, for the purposes of | 3 | | preventing, correcting, or alleviating a physical or | 4 | | mental impairment, functional limitation, or disability. | 5 | | (C) Reducing the risk of injury, impairment, | 6 | | functional limitation, or disability, including the | 7 | | promotion and maintenance of fitness, health, and | 8 | | wellness. | 9 | | (D) Engaging in administration, consultation, | 10 | | education, and research.
| 11 | | "Physical therapy"
includes, but is not limited to: (a) | 12 | | performance
of specialized tests and measurements, (b) | 13 | | administration of specialized
treatment procedures, (c) | 14 | | interpretation of referrals from physicians, dentists, | 15 | | advanced practice registered nurses, physician assistants,
and | 16 | | podiatric physicians, (d) establishment, and modification of | 17 | | physical therapy
treatment programs, (e) administration of | 18 | | topical medication used in generally
accepted physical therapy | 19 | | procedures when such medication is either prescribed
by the | 20 | | patient's physician, licensed to practice medicine in all its | 21 | | branches,
the patient's physician licensed to practice | 22 | | podiatric medicine, the patient's advanced practice registered | 23 | | nurse, the patient's physician assistant, or the
patient's | 24 | | dentist or used following the physician's orders or written | 25 | | instructions, (f) supervision or teaching of physical therapy, | 26 | | and (g) dry needling in accordance with Section 1.5.
" Physical |
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| 1 | | therapy " does not include radiology, electrosurgery, | 2 | | chiropractic
technique or determination of a differential
| 3 | | diagnosis; provided, however,
the limitation on determining a | 4 | | differential diagnosis shall not in any
manner limit a physical | 5 | | therapist licensed under this Act from performing
an evaluation | 6 | | and establishing a relevant diagnosis pursuant to such license. | 7 | | Nothing in this Section shall limit
a physical therapist from | 8 | | employing appropriate physical therapy techniques
that he or | 9 | | she is educated and licensed to perform. A physical therapist
| 10 | | shall refer to a licensed physician, advanced practice | 11 | | registered nurse, physician assistant, dentist, podiatric | 12 | | physician, other physical therapist, or other health care | 13 | | provider any patient
whose medical condition should, at the | 14 | | time of evaluation or treatment, be
determined to be beyond the | 15 | | scope of practice of the physical therapist.
| 16 | | (2) "Physical therapist" means a person who practices | 17 | | physical therapy
and who has met all requirements as provided | 18 | | in this Act.
| 19 | | (3) "Department" means the Department of Professional | 20 | | Regulation.
| 21 | | (4) "Director" means the Director of Professional | 22 | | Regulation.
| 23 | | (5) "Board" means the Physical Therapy Licensing and | 24 | | Disciplinary Board approved
by the Director.
| 25 | | (6) "Referral" means a written or oral authorization for | 26 | | physical therapy services for a patient by a physician, |
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| 1 | | dentist, advanced practice registered nurse, physician | 2 | | assistant, or podiatric physician who maintains medical | 3 | | supervision of the patient and makes a diagnosis or verifies | 4 | | that the patient's condition is such that it may be treated by | 5 | | a physical therapist.
| 6 | | (7) "Documented current and relevant diagnosis" for the | 7 | | purpose of
this Act means a diagnosis , substantiated by | 8 | | signature or oral verification
of a physician, dentist, | 9 | | advanced practice registered nurse, physician assistant, or | 10 | | podiatric physician, that a patient's condition is such
that it | 11 | | may be treated by physical therapy as defined in this Act , | 12 | | which
diagnosis shall remain in effect until changed by the | 13 | | physician, dentist, advanced practice registered nurse, | 14 | | physician assistant,
or podiatric physician .
| 15 | | (8) "State" includes:
| 16 | | (a) the states of the United States of America;
| 17 | | (b) the District of Columbia; and
| 18 | | (c) the Commonwealth of Puerto Rico.
| 19 | | (9) "Physical therapist assistant" means a person licensed | 20 | | to assist a
physical therapist and who has met all requirements | 21 | | as provided in this Act
and who works under the supervision of | 22 | | a licensed physical therapist to assist
in implementing the | 23 | | physical therapy treatment program as established by the
| 24 | | licensed physical therapist. The patient care activities | 25 | | provided by the
physical therapist assistant shall not include | 26 | | the interpretation of referrals,
evaluation procedures, or the |
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| 1 | | planning or major modification of patient programs.
| 2 | | (10) "Physical therapy aide" means a person who has | 3 | | received on
the job training, specific to the facility in which | 4 | | he is employed.
| 5 | | (11) "Advanced practice registered nurse" means a person | 6 | | licensed as an advanced practice registered nurse under the | 7 | | Nurse Practice Act. | 8 | | (12) "Physician assistant" means a person licensed under | 9 | | the Physician Assistant Practice Act of 1987.
| 10 | | (Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | 11 | | 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | 12 | | 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
| 13 | | (225 ILCS 90/17) (from Ch. 111, par. 4267)
| 14 | | (Section scheduled to be repealed on January 1, 2026)
| 15 | | Sec. 17. (1) The Department may refuse to issue or to | 16 | | renew, or may
revoke, suspend, place on probation, reprimand, | 17 | | or
take other disciplinary action as the Department deems | 18 | | appropriate,
including the issuance of fines not to exceed | 19 | | $5000, with regard to a
license for any one or a combination of | 20 | | the following:
| 21 | | A. Material misstatement in furnishing information to | 22 | | the Department
or otherwise making misleading, deceptive, | 23 | | untrue, or fraudulent
representations in violation of this | 24 | | Act or otherwise in the practice of
the profession;
| 25 | | B. Violations of this Act, or of
the rules or |
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| 1 | | regulations promulgated hereunder;
| 2 | | C. Conviction of any crime under the laws of the United | 3 | | States or any
state or territory thereof which is a felony | 4 | | or which is a misdemeanor,
an essential element of which is | 5 | | dishonesty, or of any crime which is directly
related to | 6 | | the practice of the profession; conviction, as used in this
| 7 | | paragraph, shall include a finding or verdict of guilty, an | 8 | | admission of
guilt or a plea of nolo contendere;
| 9 | | D. Making any misrepresentation for the purpose of | 10 | | obtaining licenses,
or violating any provision of this Act | 11 | | or the rules promulgated thereunder
pertaining to | 12 | | advertising;
| 13 | | E. A pattern of practice or other behavior which | 14 | | demonstrates incapacity
or incompetency to practice under | 15 | | this Act;
| 16 | | F. Aiding or assisting another person in violating any
| 17 | | provision of this Act or Rules;
| 18 | | G. Failing, within 60 days, to provide information in | 19 | | response to a written
request made by the Department;
| 20 | | H. Engaging in dishonorable, unethical or | 21 | | unprofessional conduct of a
character likely to deceive, | 22 | | defraud or harm the public. Unprofessional
conduct shall | 23 | | include any departure from or the failure to conform to the
| 24 | | minimal standards of acceptable and prevailing physical | 25 | | therapy practice,
in which proceeding actual injury to a | 26 | | patient need not be established;
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| 1 | | I. Unlawful distribution of any drug or narcotic, or | 2 | | unlawful
conversion of any drug or narcotic not belonging | 3 | | to the person for such
person's own use or benefit or for | 4 | | other than medically accepted
therapeutic purposes;
| 5 | | J. Habitual or excessive use or addiction to alcohol, | 6 | | narcotics,
stimulants, or any other chemical agent or drug | 7 | | which results in a physical
therapist's or physical | 8 | | therapist assistant's
inability to practice with | 9 | | reasonable judgment, skill or safety;
| 10 | | K. Revocation or suspension of a license to practice | 11 | | physical therapy
as a physical therapist or physical | 12 | | therapist assistant or the taking
of other disciplinary | 13 | | action by the proper licensing authority of
another state, | 14 | | territory or country;
| 15 | | L. Directly or indirectly giving to or receiving from | 16 | | any person, firm,
corporation, partnership, or association | 17 | | any fee, commission, rebate or other
form of compensation | 18 | | for any professional services not actually or
personally | 19 | | rendered. Nothing contained in this paragraph prohibits | 20 | | persons holding valid and current licenses under this Act | 21 | | from practicing physical therapy in partnership under a | 22 | | partnership agreement, including a limited liability | 23 | | partnership, a limited liability company, or a corporation | 24 | | under the Professional Service Corporation Act or from | 25 | | pooling, sharing, dividing, or apportioning the fees and | 26 | | monies received by them or by the partnership, company, or |
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| 1 | | corporation in accordance with the partnership agreement | 2 | | or the policies of the company or professional corporation. | 3 | | Nothing in this paragraph (L) affects any bona fide | 4 | | independent contractor or employment arrangements among | 5 | | health care professionals, health facilities, health care | 6 | | providers, or other entities, except as otherwise | 7 | | prohibited by law. Any employment arrangements may include | 8 | | provisions for compensation, health insurance, pension, or | 9 | | other employment benefits for the provision of services | 10 | | within the scope of the licensee's practice under this Act. | 11 | | Nothing in this paragraph (L) shall be construed to require | 12 | | an employment arrangement to receive professional fees for | 13 | | services rendered;
| 14 | | M. A finding by the Board that the licensee after | 15 | | having his or
her license
placed on probationary status has | 16 | | violated the terms of probation;
| 17 | | N. Abandonment of a patient;
| 18 | | O. Willfully failing to report an instance of suspected | 19 | | child abuse or
neglect as required by the Abused and | 20 | | Neglected Child Reporting Act;
| 21 | | P. Willfully failing to report an instance of suspected | 22 | | elder abuse or
neglect as required by the Elder Abuse | 23 | | Reporting Act;
| 24 | | Q. Physical illness, including but not limited to, | 25 | | deterioration through
the aging process, or loss of motor | 26 | | skill which results in the inability
to practice the |
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| 1 | | profession with reasonable judgement, skill or safety;
| 2 | | R. The use of any words (such as physical therapy, | 3 | | physical therapist
physiotherapy or physiotherapist), | 4 | | abbreviations, figures or letters with
the intention of | 5 | | indicating practice as a licensed physical therapist
| 6 | | without a valid license as a physical therapist issued | 7 | | under this Act;
| 8 | | S. The use of the term physical therapist assistant, or | 9 | | abbreviations,
figures, or letters with the intention of | 10 | | indicating practice as a physical
therapist assistant | 11 | | without a valid license as a physical therapist
assistant | 12 | | issued under this Act;
| 13 | | T. Willfully violating or knowingly assisting in the | 14 | | violation of any
law of this State relating to the practice | 15 | | of abortion;
| 16 | | U. Continued practice by a person knowingly having an | 17 | | infectious,
communicable or contagious disease;
| 18 | | V. Having treated ailments of human beings otherwise | 19 | | than by
the practice of physical therapy as defined in this | 20 | | Act, or having treated
ailments of human beings as a | 21 | | licensed physical therapist independent of a
documented | 22 | | referral or a documented current and relevant diagnosis | 23 | | from a
physician, dentist, advanced practice registered | 24 | | nurse, physician assistant, or podiatric physician , or | 25 | | having failed to notify the
physician, dentist, advanced | 26 | | practice registered nurse, physician assistant, or |
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| 1 | | podiatric physician who established a documented current | 2 | | and
relevant diagnosis that the patient is receiving | 3 | | physical therapy pursuant
to that diagnosis;
| 4 | | W. Being named as a perpetrator in an indicated report | 5 | | by the
Department of Children and Family Services pursuant | 6 | | to the Abused and
Neglected Child Reporting Act, and upon | 7 | | proof by clear and convincing
evidence that the licensee | 8 | | has caused a child to be an abused child or
neglected child | 9 | | as defined in the Abused and Neglected Child Reporting Act;
| 10 | | X. Interpretation of referrals, performance of | 11 | | evaluation procedures,
planning or making major | 12 | | modifications of patient programs by a physical
therapist | 13 | | assistant;
| 14 | | Y. Failure by a physical therapist assistant and | 15 | | supervising physical
therapist to maintain continued | 16 | | contact, including periodic personal
supervision and | 17 | | instruction, to insure safety and welfare of patients;
| 18 | | Z. Violation of the Health Care Worker Self-Referral | 19 | | Act.
| 20 | | (2) The determination by a circuit court that a licensee is | 21 | | subject to
involuntary admission or judicial admission as | 22 | | provided in the Mental Health
and Developmental Disabilities | 23 | | Code operates as an automatic suspension.
Such suspension will | 24 | | end only upon a finding by a court that the patient is
no | 25 | | longer subject to involuntary admission or judicial admission | 26 | | and the
issuance of an order so finding and discharging the |
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| 1 | | patient; and upon the
recommendation of the Board to the | 2 | | Director that the licensee be
allowed to resume his practice.
| 3 | | (3) The Department may refuse to issue or may suspend the | 4 | | license of any
person who fails to file a return, or to pay the | 5 | | tax, penalty or interest
shown in a filed return, or to pay any | 6 | | final assessment of tax, penalty or
interest, as required by | 7 | | any tax Act administered by the Illinois
Department of Revenue, | 8 | | until such time as the requirements of any such tax
Act are | 9 | | satisfied.
| 10 | | (Source: P.A. 100-513, eff. 1-1-18 .)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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