Full Text of HB2811 101st General Assembly
HB2811ham001 101ST GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2811
| 2 | | AMENDMENT NO. ______. Amend House Bill 2811 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.30 and by adding Section 4.40 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 16 | | The Perfusionist Practice Act.
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| 1 | | The Pharmacy Practice Act. | 2 | | The Professional Engineering Practice Act of 1989. | 3 | | The Real Estate License Act of 2000. | 4 | | The Structural Engineering Practice Act of 1989. | 5 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 6 | | 100-863, eff. 8-14-18.) | 7 | | (5 ILCS 80/4.40 new) | 8 | | Sec. 4.40. Act repealed on January 1, 2030. The following | 9 | | Act is repealed on January 1, 2030: | 10 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 11 | | Section 10. The Orthotics, Prosthetics, and Pedorthics | 12 | | Practice Act is amended by changing Sections 10, 25, 30, 35, | 13 | | 40, 90, 95, 100, 105, 130, 155, 160, and 170 and by adding | 14 | | Sections 10.5 and 180 as follows:
| 15 | | (225 ILCS 84/10)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 10. Definitions. As used in this Act:
| 18 | | "Accredited facility" means a facility that which has been | 19 | | accredited by the Center for Medicare Medicaid Services to | 20 | | practice prosthetics, orthotics or pedorthics and which | 21 | | represents itself to the public by title or description of | 22 | | services that includes the term "prosthetic", "prosthetist", | 23 | | "artificial limb", "orthotic", "orthotist", "brace", |
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| 1 | | "pedorthic", "pedorthist" or a similar title or description of | 2 | | services. | 3 | | "Address of record" means the designated address recorded | 4 | | by the Department in the applicant's or licensee's application | 5 | | file or license file maintained by the Department's licensure | 6 | | maintenance unit. It is the duty of the applicant or licensee | 7 | | to inform the Department of any change of address, and such | 8 | | changes must be made either through the Department's website or | 9 | | by contacting the Department. | 10 | | "Assistant" means a person who is educated and trained to | 11 | | participate in comprehensive orthotic or prosthetic care while | 12 | | under the supervision, as defined by rule, of a licensed | 13 | | orthotist or licensed prosthetist. Assistants may perform | 14 | | orthotic or prosthetic procedures and related tasks in the | 15 | | management of patient care. Assistants may also fabricate, | 16 | | repair, and maintain orthoses and prostheses.
| 17 | | "Board" means the Board of Orthotics, Prosthetics, and | 18 | | Pedorthics.
| 19 | | " Custom-fabricated Custom fabricated device" means an | 20 | | orthosis, prosthesis, or pedorthic device that is fabricated to | 21 | | comprehensive measurements or a mold or patient model for use | 22 | | by a patient in accordance with a prescription and which | 23 | | requires clinical and technical judgment in its design, | 24 | | fabrication, and fitting. | 25 | | " Custom-fitted Custom fitted device" means an orthosis, | 26 | | prosthesis, or pedorthic device that is made to patient |
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| 1 | | measurements sized or modified for use by the patient in | 2 | | accordance with a prescription and which requires clinical and | 3 | | technical judgment and substantive alteration in its design.
| 4 | | "Department" means the Department of Financial and | 5 | | Professional Regulation.
| 6 | | "Email address of record" means the designated email | 7 | | address recorded by the Department in the applicant's | 8 | | application file or the licensee's license file, as maintained | 9 | | by the Department's licensure maintenance unit. | 10 | | "Facility" means the business location where orthotic, | 11 | | prosthetic, or
pedorthic care is provided and, in the case of | 12 | | an orthotic/prosthetic facility,
has the
appropriate
clinical | 13 | | and laboratory space and equipment to provide comprehensive | 14 | | orthotic
or
prosthetic care and, in the case of a pedorthic | 15 | | facility, has the
appropriate clinical
space and
equipment to | 16 | | provide pedorthic care. Licensed orthotists, prosthetists, and
| 17 | | pedorthists
must be available to either provide care or | 18 | | supervise the provision of care by unlicensed
staff.
| 19 | | "Licensed orthotist" or "LO" means a person licensed under | 20 | | this Act to practice
orthotics and who represents himself or | 21 | | herself to the public by title or
description of
services that | 22 | | includes the term "orthotic", "orthotist", "brace", or a | 23 | | similar
title or
description of services.
| 24 | | "Licensed pedorthist" or "LPed" means a person licensed | 25 | | under this Act to practice
pedorthics and who represents | 26 | | himself or herself to the public by the title or
description of
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| 1 | | services that include the term "pedorthic", "pedorthist", or a | 2 | | similar title or
description
of services.
| 3 | | "Licensed physician" means a person licensed
under the | 4 | | Medical Practice Act of 1987.
| 5 | | "Licensed podiatric physician" means a person licensed | 6 | | under the Podiatric
Medical Practice Act of 1987.
| 7 | | "Licensed prosthetist" or "LP" means a person licensed | 8 | | under this Act to practice
prosthetics and who represents | 9 | | himself or herself to the public by title or
description of
| 10 | | services that includes the term "prosthetic", "prosthetist", | 11 | | "artificial
limb", or a
similar title or description of | 12 | | services.
| 13 | | "Off-the-shelf device" means a prefabricated orthosis, | 14 | | prosthesis, or pedorthic device sized or modified for use by | 15 | | the patient in accordance with a prescription and that does not | 16 | | require substantial clinical judgment and substantive | 17 | | alteration for appropriate use. | 18 | | "Orthosis" means a custom-fabricated or custom-fitted | 19 | | brace or support
designed to provide for alignment, correction, | 20 | | or prevention of neuromuscular
or
musculoskeletal dysfunction, | 21 | | disease, injury, or deformity. "Orthosis" does
not include
| 22 | | fabric or elastic supports, corsets, arch supports, | 23 | | low-temperature plastic
splints,
trusses, elastic hoses, | 24 | | canes, crutches, soft cervical collars, dental
appliances, or | 25 | | other
similar devices carried in stock and sold as | 26 | | "over-the-counter" items by a drug
store,
department store, |
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| 1 | | corset shop, or surgical supply facility.
| 2 | | "Orthotic and Prosthetic Education Program" means a course | 3 | | of instruction
accredited by the Commission on Accreditation of | 4 | | Allied Health Education
Programs,
consisting of (i) a basic | 5 | | curriculum of college level instruction in math,
physics,
| 6 | | biology, chemistry, and psychology and (ii) a specific | 7 | | curriculum in orthotic
or
prosthetic courses, including: (A) | 8 | | lectures covering pertinent anatomy,
biomechanics,
| 9 | | pathomechanics, prosthetic-orthotic components and materials, | 10 | | training and
functional
capabilities, prosthetic or orthotic | 11 | | performance evaluation, prescription
considerations,
etiology | 12 | | of amputations and disease processes necessitating prosthetic | 13 | | or
orthotic use,
and medical management; (B) subject matter | 14 | | related to pediatric and geriatric
problems;
(C) instruction in | 15 | | acute care techniques, such as immediate and early
| 16 | | post-surgical
prosthetics and fracture bracing techniques; and | 17 | | (D) lectures,
demonstrations,
and laboratory experiences | 18 | | related to the entire process of measuring, casting,
fitting,
| 19 | | fabricating, aligning, and completing prostheses or orthoses.
| 20 | | "Orthotic and prosthetic scope of practice" means a list of | 21 | | tasks, with
relative
weight given to such factors as | 22 | | importance, criticality, and frequency, based
on
| 23 | | internationally accepted standards of orthotic and prosthetic | 24 | | care as outlined
by the
International Society of Prosthetics | 25 | | and Orthotics' professional profile for
Category I
and Category | 26 | | III orthotic and prosthetic personnel.
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| 1 | | "Orthotics" means the science and practice of evaluating, | 2 | | measuring,
designing, fabricating, assembling, fitting, | 3 | | adjusting, or servicing an
orthosis under an
order from a | 4 | | licensed physician or podiatric physician for the correction
or
| 5 | | alleviation of neuromuscular or musculoskeletal dysfunction, | 6 | | disease, injury,
or
deformity.
| 7 | | "Orthotist" means a health care professional, specifically | 8 | | educated and trained in orthotic patient care, who measures, | 9 | | designs, fabricates, fits, or services orthoses and may assist | 10 | | in the formulation of the order and treatment plan of orthoses | 11 | | for the support or correction of disabilities caused by | 12 | | neuro-musculoskeletal diseases, injuries, or deformities.
| 13 | | "Over-the-counter" means a prefabricated, mass-produced | 14 | | device that is
prepackaged and requires no professional advice | 15 | | or judgment judgement in either size
selection or
use, | 16 | | including fabric or elastic supports, corsets, generic arch | 17 | | supports,
elastic hoses.
| 18 | | "Pedorthic device" means therapeutic shoes (e.g. diabetic | 19 | | shoes and inserts), shoe modifications made for therapeutic | 20 | | purposes, below the ankle partial foot prostheses, and foot | 21 | | orthoses for use at the ankle or below. It also includes | 22 | | subtalar-control foot orthoses designed to manage the function | 23 | | of the anatomy by controlling the range of motion of the | 24 | | subtalar joint. Excluding footwear, the proximal height of a | 25 | | custom pedorthic device does not extend beyond the junction of | 26 | | the gastrocnemius and the Achilles tendon. Pedorthic devices do |
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| 1 | | not include non-therapeutic inlays or footwear regardless of | 2 | | method of manufacture; unmodified, non-therapeutic | 3 | | over-the-counter shoes; or prefabricated foot care products. | 4 | | "Therapeutic" devices address a medical condition, diagnosed | 5 | | by a prescribing medical professional, while "non-therapeutic" | 6 | | devices do not address a medical condition.
| 7 | | "Pedorthic education program" means an educational program | 8 | | accredited by the National Commission on Orthotic and | 9 | | Prosthetic Education consisting of (i) a basic curriculum
of
| 10 | | instruction in foot-related pathology of diseases, anatomy, | 11 | | and biomechanics
and (ii) a
specific curriculum in pedorthic | 12 | | courses, including lectures covering shoes,
foot
orthoses, and | 13 | | shoe modifications, pedorthic components and materials, | 14 | | training
and
functional capabilities, pedorthic performance | 15 | | evaluation, prescription
considerations,
etiology of disease | 16 | | processes necessitating use of pedorthic devices, medical
| 17 | | management, subject matter related to pediatric and geriatric | 18 | | problems, and
lectures,
demonstrations, and laboratory | 19 | | experiences related to the entire process of
measuring
and | 20 | | casting, fitting, fabricating, aligning, and completing | 21 | | pedorthic
devices.
| 22 | | "Pedorthic scope of practice" means a list of tasks with | 23 | | relative weight
given
to such factors as importance, | 24 | | criticality, and frequency based on nationally
accepted
| 25 | | standards of pedorthic care as outlined by the National | 26 | | Commission on Orthotic and Prosthetic Education
comprehensive |
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| 1 | | analysis with an empirical validation study of the profession
| 2 | | performed
by an independent testing company.
| 3 | | "Pedorthics" means the science and practice of evaluating, | 4 | | measuring,
designing, fabricating, assembling, fitting, | 5 | | adjusting, or servicing a
pedorthic device
under an order from | 6 | | a licensed physician or podiatric physician for the
correction | 7 | | or
alleviation of neuromuscular or musculoskeletal | 8 | | dysfunction, disease, injury,
or
deformity.
| 9 | | "Pedorthist" means a health care professional, | 10 | | specifically educated and trained in pedorthic patient care, | 11 | | who measures, designs, fabricates, fits, or services pedorthic | 12 | | devices and may assist in the formulation of the order and | 13 | | treatment plan of pedorthic devices for the support or | 14 | | correction of disabilities caused by neuro-musculoskeletal | 15 | | diseases, injuries, or deformities.
| 16 | | "Person" means a natural person.
| 17 | | "Prosthesis" means an artificial medical device that is not | 18 | | surgically
implanted and that is used to replace a missing | 19 | | limb, appendage, or any other
external
human body
part | 20 | | including an artificial limb, hand, or foot. "Prosthesis" does | 21 | | not include
artificial
eyes, ears, fingers, or toes, dental | 22 | | appliances, cosmetic devices such as
artificial
breasts, | 23 | | eyelashes, or wigs, or other devices that do not have a | 24 | | significant
impact on the
musculoskeletal functions of the | 25 | | body.
| 26 | | "Prosthetics" means the science and practice of |
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| 1 | | evaluating, measuring,
designing, fabricating, assembling, | 2 | | fitting, adjusting, or servicing a
prosthesis
under an
order | 3 | | from a licensed physician.
| 4 | | "Prosthetist" means a health care professional, | 5 | | specifically educated and trained in prosthetic patient care, | 6 | | who measures, designs, fabricates, fits, or services | 7 | | prostheses and may assist in the formulation of the order and | 8 | | treatment plan of prostheses for the replacement of external | 9 | | parts of the human body lost due to amputation or congenital | 10 | | deformities or absences.
| 11 | | "Prosthetist/orthotist" means a person who practices both | 12 | | disciplines of
prosthetics and orthotics and who represents | 13 | | himself or herself to the public
by title or by
description of | 14 | | services. A person who is currently licensed by the State as | 15 | | both a licensed prosthetist and a licensed orthotist may use | 16 | | the title "Licensed Prosthetist Orthotist" or "LPO".
| 17 | | "Resident" means a person who has completed an education | 18 | | program in either
orthotics or prosthetics and is continuing | 19 | | his or her clinical education in a
residency
accredited by the | 20 | | National Commission on Orthotic and Prosthetic Education.
| 21 | | "Residency" means a minimum of a one-year approved | 22 | | supervised program to acquire practical clinical training in | 23 | | orthotics or prosthetics in a patient care setting. | 24 | | "Secretary" means the Secretary of Financial and | 25 | | Professional Regulation. | 26 | | "Technician" means a person who assists an orthotist, |
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| 1 | | prosthetist,
prosthetist/orthotist, or pedorthist with | 2 | | fabrication of orthoses, prostheses,
or pedorthic
devices but | 3 | | does not provide direct patient care.
| 4 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 5 | | (225 ILCS 84/10.5 new) | 6 | | Sec. 10.5. Address of record; email address of record. All | 7 | | applicants and licensees shall: | 8 | | (1) provide a valid address and email address to the | 9 | | Department, which shall serve as the address of record and | 10 | | email address of record, respectively, at the time of | 11 | | application for licensure or renewal of a license; and | 12 | | (2) inform the Department of any change of address of | 13 | | record or email address of record within 14 days after such | 14 | | change either through the Department's website or by | 15 | | contacting the Department's licensure maintenance unit.
| 16 | | (225 ILCS 84/25)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics.
| 19 | | (a) There is established a Board of Orthotics, Prosthetics, | 20 | | and Pedorthics,
which shall consist of 6 voting members to be | 21 | | appointed by the Secretary. Three
members shall be practicing | 22 | | licensed orthotists, licensed prosthetists, or
licensed
| 23 | | pedorthists. These members may be licensed in more than one | 24 | | discipline and
their
appointments must equally represent all 3 |
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| 1 | | disciplines. One member shall be a
member of the public who is | 2 | | a consumer of orthotic, prosthetic, or pedorthic
professional | 3 | | services. One member shall be a public member who is not | 4 | | licensed
under
this Act or a consumer of services licensed | 5 | | under this Act. One member shall
be a licensed physician.
| 6 | | (b) Each member of the Board shall serve a term of 3 years, | 7 | | except that of
the initial appointments to the Board, 2 members | 8 | | shall be appointed for one
year, 2
members shall be appointed | 9 | | for 2 years, and 2 members shall be appointed for
3 years. Each | 10 | | member shall hold office and execute his or her Board
| 11 | | responsibilities until the qualification and appointment of | 12 | | his or her
successor. No
member of the Board shall serve more | 13 | | than 8 consecutive years or 2 full terms,
whichever is greater.
| 14 | | (c) Members of the Board shall receive as compensation a | 15 | | reasonable sum as
determined by the Secretary for each day | 16 | | actually engaged in the duties of the
office and
shall be | 17 | | reimbursed for all legitimate, necessary, and authorized | 18 | | reasonable expenses incurred in performing the duties
of the
| 19 | | office.
| 20 | | (d) Four members of the Board shall constitute a quorum. A | 21 | | quorum is required for all Board decisions.
| 22 | | (e) The Secretary may terminate the appointment of any | 23 | | member for cause
which, in the opinion of the Secretary | 24 | | reasonably justifies termination, which
may
include, but is not | 25 | | limited to, a Board member who does not attend 2
consecutive
| 26 | | meetings.
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| 1 | | (f) Membership of the Board should reasonably reflect | 2 | | representation from
the geographic areas in this State.
| 3 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 4 | | (225 ILCS 84/30)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 30. Board; immunity; chairperson.
| 7 | | (a) A member Members of the Board has no liability shall be | 8 | | immune from suit in any action based
upon a any disciplinary | 9 | | proceeding or other activity activities performed in good faith | 10 | | as a member
members of the Board.
| 11 | | (b) The Board shall annually elect a chairperson and vice | 12 | | chairperson who
shall be licensed under this Act.
| 13 | | (Source: P.A. 91-590, eff. 1-1-00 .)
| 14 | | (225 ILCS 84/35)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 35. Application for original license.
An application | 17 | | for an original license shall be made to the
Department in | 18 | | writing on a form prescribed by the Department and shall be
| 19 | | accompanied by the required fee, which shall not be refundable. | 20 | | An application
shall
require information that in the judgment | 21 | | judgement of the Department will enable the
Department
to pass | 22 | | on the qualifications of the applicant for a license.
| 23 | | (Source: P.A. 91-590, eff. 1-1-00 .)
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| 1 | | (225 ILCS 84/40)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 40. Qualifications for licensure as orthotist, | 4 | | prosthetist, or
pedorthist. | 5 | | (a) To qualify for a license to practice orthotics or | 6 | | prosthetics, a
person
shall:
| 7 | | (1) possess a baccalaureate degree or higher from a | 8 | | college or university;
| 9 | | (2) have completed the amount of formal training, | 10 | | including, but not
limited to, any hours of classroom | 11 | | education and clinical practice established
and approved | 12 | | by the Department;
| 13 | | (3) complete a clinical residency in the professional | 14 | | area for which a
license is sought in accordance with | 15 | | standards, guidelines, or procedures for
residencies | 16 | | inside or outside this State established and approved by | 17 | | the
Department. The majority
of training must be devoted to | 18 | | services performed under the supervision of a
licensed | 19 | | practitioner of orthotics or prosthetics or a person | 20 | | certified as a
Certified Orthotist (CO), Certified | 21 | | Prosthetist (CP), or Certified Prosthetist
Orthotist (CPO) | 22 | | whose practice is located outside of the State;
| 23 | | (4) pass all written, practical, and oral examinations | 24 | | that are required
and approved by the Department; and
| 25 | | (5) be qualified to practice in accordance with | 26 | | internationally
accepted standards of orthotic and |
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| 1 | | prosthetic care.
| 2 | | (b) To qualify for a license to practice pedorthics, a | 3 | | person shall:
| 4 | | (1) submit proof of a high school diploma or its | 5 | | equivalent;
| 6 | | (2) have completed the amount of formal training, | 7 | | including, but
not limited to, any hours of classroom | 8 | | education and clinical practice
established and approved | 9 | | by the Department;
| 10 | | (3) complete a qualified work experience program or | 11 | | internship
in pedorthics that has a minimum of 1,000 hours | 12 | | of pedorthic patient care experience in accordance with any | 13 | | standards, guidelines, or procedures
established and | 14 | | approved by the Department. The majority of training must | 15 | | be devoted to services performed under the supervision of a | 16 | | licensed practitioner of pedorthics or a person certified | 17 | | as a Certified Pedorthist (C.Ped) whose practice is located | 18 | | outside of the State;
| 19 | | (4) pass all examinations that are required and | 20 | | approved by the
Department; and
| 21 | | (5) be qualified to practice in accordance with | 22 | | nationally
accepted standards of pedorthic care.
| 23 | | (c) The standards and requirements for licensure | 24 | | established by the
Department shall be substantially equal to | 25 | | or in excess of standards commonly
accepted
in the profession | 26 | | of orthotics, prosthetics, or pedorthics. The Department
shall |
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| 1 | | adopt
rules as necessary to set the standards and requirements.
| 2 | | (d) A person may be licensed in more than one discipline.
| 3 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 4 | | (225 ILCS 84/90)
| 5 | | (Section scheduled to be repealed on January 1, 2020)
| 6 | | Sec. 90. Grounds for discipline.
| 7 | | (a) The Department may refuse to issue or renew a license, | 8 | | or may revoke or
suspend a license, or may suspend, place on | 9 | | probation, or reprimand a
licensee
or take other disciplinary | 10 | | or non-disciplinary action as the Department may deem proper, | 11 | | including, but not limited to, the imposition of fines not to | 12 | | exceed $10,000 for each violation for one or any combination of | 13 | | the following:
| 14 | | (1) Making a material misstatement in furnishing | 15 | | information to the
Department or the Board.
| 16 | | (2) Violations of or negligent or intentional | 17 | | disregard of this Act or
its rules.
| 18 | | (3) Conviction of, or entry of a plea of guilty or nolo | 19 | | contendere , finding of guilt, jury verdict, or entry of | 20 | | judgment or sentencing, including, but not limited to, | 21 | | convictions, preceding sentences of supervision, | 22 | | conditional discharge, or first offender probation to any | 23 | | crime that is a felony under the laws of the United States | 24 | | or any state or territory thereof or that is (i) a felony, | 25 | | or (ii) a misdemeanor , of which an essential element of |
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| 1 | | which is dishonesty, or any crime that is directly related | 2 | | to the practice of the profession.
| 3 | | (4) Making a misrepresentation for the purpose of | 4 | | obtaining a
license under this Act or in connection with | 5 | | applying for renewal or restoration of a license under this | 6 | | Act .
| 7 | | (5) A pattern of practice or other behavior that | 8 | | demonstrates incapacity
or incompetence to practice under | 9 | | this Act.
| 10 | | (6) Gross negligence under this Act.
| 11 | | (7) Aiding or assisting another person in violating a | 12 | | provision of
this Act or its rules.
| 13 | | (8) Failing to provide information within 60 days in | 14 | | response to a
written request made by the Department.
| 15 | | (9) Engaging in dishonorable, unethical, or | 16 | | unprofessional conduct
or conduct of a character likely to | 17 | | deceive, defraud, or harm the public.
| 18 | | (10) Inability to practice with reasonable judgment, | 19 | | skill, or safety as a result of habitual or excessive use | 20 | | or addiction to alcohol, narcotics, stimulants, or any | 21 | | other chemical agent or drug.
| 22 | | (11) Discipline by another state or territory of the | 23 | | United States, the
federal government, or foreign nation, | 24 | | if at least one of the grounds for the
discipline is the | 25 | | same or substantially equivalent to one set forth in this
| 26 | | Section.
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| 1 | | (12) Directly or indirectly giving to or receiving from | 2 | | a person,
firm, corporation, partnership, or association a | 3 | | fee, commission, rebate, or
other form of compensation for | 4 | | professional services not actually or
personally rendered. | 5 | | Nothing in this paragraph (12) 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 (12) shall be construed to | 14 | | require an employment arrangement to receive professional | 15 | | fees for services rendered.
| 16 | | (13) A finding by the Board that the licensee or | 17 | | registrant, after
having his or her license placed on | 18 | | probationary status, has violated the terms
of probation or | 19 | | failed to comply with such terms .
| 20 | | (14) Abandonment of a patient or client.
| 21 | | (15) Willfully making or filing false records or | 22 | | reports related to the licensee's in his or her
practice , | 23 | | including, but not limited to, false records filed with | 24 | | federal or State agencies
or departments.
| 25 | | (16) Willfully failing to report an instance of | 26 | | suspected child abuse ,
or neglect , financial exploitation, |
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| 1 | | or self-neglect of an eligible child or adult as required | 2 | | by the Abused and Neglected Child Reporting Act and the | 3 | | Adult Protective Services Act .
| 4 | | (17) Inability to practice the profession with | 5 | | reasonable judgment, skill, or safety as a result of a | 6 | | physical illness, including, but not limited to, | 7 | | deterioration through the aging process or loss of motor | 8 | | skill, or a mental illness or disability.
| 9 | | (18) Solicitation of professional services using false | 10 | | or misleading
advertising.
| 11 | | (b) In enforcing this Section, the Department or Board upon | 12 | | a showing of a possible violation, may compel a licensee or | 13 | | applicant to submit to a mental or physical examination, or | 14 | | both, as required by and at the expense of the Department. The | 15 | | Department or Board may order the examining physician to | 16 | | present testimony concerning the mental or physical | 17 | | examination of the licensee or applicant. No information shall | 18 | | be excluded by reason of any common law or statutory privilege | 19 | | relating to communications between the licensee or applicant | 20 | | and the examining physician. The examining physicians shall be | 21 | | specifically designated by the Board or Department. The | 22 | | individual to be examined may have, at his or her own expense, | 23 | | another physician of his or her choice present during all | 24 | | aspects of this examination. Failure of an individual to submit | 25 | | to a mental or physical examination, when directed, shall be | 26 | | grounds for the immediate suspension of his or her license |
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| 1 | | until the individual submits to the examination if the | 2 | | Department finds that the refusal to submit to the examination | 3 | | was without reasonable cause as defined by rule. | 4 | | If In instances in which the Secretary immediately suspends | 5 | | a person's license for his or her failure to submit to a mental | 6 | | or physical examination, when directed, a hearing on that | 7 | | person's license must be convened by the Department within 15 | 8 | | days after the suspension and completed without appreciable | 9 | | delay. | 10 | | If In instances in which the Secretary otherwise suspends a | 11 | | person's license pursuant to the results of a compelled mental | 12 | | or physical examination, a hearing on that person's license | 13 | | must be convened by the Department within 15 days after the | 14 | | suspension and completed without appreciable delay. The | 15 | | Department and Board shall have the authority to review the | 16 | | subject individual's record of treatment and counseling | 17 | | regarding the impairment to the extent permitted by applicable | 18 | | federal statutes and regulations safeguarding the | 19 | | confidentiality of medical records. | 20 | | An individual licensed under this Act and affected under | 21 | | this Section shall be afforded an opportunity to demonstrate to | 22 | | the Department or Board that he or she can resume practice in | 23 | | compliance with acceptable and prevailing standards under the | 24 | | provisions of his or her license.
| 25 | | (c) (Blank).
| 26 | | (d) If In cases where the Department of Healthcare and |
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| 1 | | Family Services (formerly Department of Public Aid) has | 2 | | previously determined that a licensee or a potential licensee | 3 | | is more than 30 days delinquent in the payment of child support | 4 | | and has subsequently certified the delinquency to the | 5 | | Department, the Department may refuse to issue or renew or may | 6 | | revoke or suspend that person's license or may take other | 7 | | disciplinary action against that person based solely upon the | 8 | | certification of delinquency made by the Department of | 9 | | Healthcare and Family Services in accordance with subsection | 10 | | (a)(5) of Section 2105-15 of the Department of Professional | 11 | | Regulation Law of the Civil Administrative Code of Illinois (20 | 12 | | ILCS 2105/2105-15) . | 13 | | (e) The Department shall may refuse to issue or renew a | 14 | | license, or may revoke or suspend a license, for failure to | 15 | | file a return, to pay the tax, penalty, or interest shown in a | 16 | | filed return, or to pay any final assessment of tax, penalty, | 17 | | or interest as required by any tax Act administered by the | 18 | | Department of Revenue, until such time as the requirements of | 19 | | the tax Act are satisfied in accordance with subsection (g) of | 20 | | Section 2105-15 of the Department of Professional Regulation | 21 | | Law of the Civil Administrative Code of Illinois (20 ILCS | 22 | | 2105/2105-15) . | 23 | | (Source: P.A. 100-872, eff. 8-14-18.)
| 24 | | (225 ILCS 84/95)
| 25 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 95. Injunction; cease and desist order.
| 2 | | (a) If any person, company, or corporation violates a | 3 | | provision of this Act, the Secretary may, in the
name of the | 4 | | People of the State of Illinois and through the Attorney | 5 | | General of
the State
of Illinois or the State's Attorney of the | 6 | | county in which the violation is alleged to have occurred, | 7 | | petition for an order enjoining the violation or for an order
| 8 | | enforcing
compliance with this Act. Upon the filing of a | 9 | | verified petition in court, the
court may
issue a temporary | 10 | | restraining order, without notice or bond, and may
| 11 | | preliminarily and
permanently enjoin the violation. If it is | 12 | | established that the person, company, or corporation has
| 13 | | violated or
is violating the injunction, the court may punish | 14 | | the offender for contempt of
court.
Proceedings under this | 15 | | Section shall be in addition to, and not in lieu of, all
other
| 16 | | remedies and penalties provided by this Act.
| 17 | | (b) (Blank). If a person practices as an orthotist, | 18 | | prosthetist, or pedorthist or
holds
himself or herself out as | 19 | | an orthotist, prosthetist, or pedorthist without
being | 20 | | licensed
under the provisions of this Act, then any other | 21 | | licensed
orthotist, prosthetist, or pedorthist, any interested | 22 | | party, or any person
injured by the
person may, in addition to | 23 | | the Secretary, petition for relief as provided in
subsection | 24 | | (a)
of this Section.
| 25 | | (c) (Blank). If a company or corporation holds itself out | 26 | | to provide orthotic, prosthetic, or pedorthic services without |
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| 1 | | having an orthotist, prosthetist, or pedorthist licensed under | 2 | | the provisions of this Act on its staff to provide those | 3 | | services, then any other licensed orthotist, prosthetist, or | 4 | | pedorthist or any interested party or injured person may, in | 5 | | addition to the Secretary, petition for relief as provided in | 6 | | subsection (a) of this Section. | 7 | | (d) If, Whenever in the opinion of the Department , a | 8 | | person, company, or corporation violates a provision
of this | 9 | | Act, the Department may issue a rule to show cause why an order | 10 | | to
cease and
desist should not be entered against him, her, or | 11 | | it. The rule shall clearly set
forth the
grounds relied upon by | 12 | | the Department and shall provide a period of 7 days from
the
| 13 | | date of the rule to file an answer to the satisfaction of the | 14 | | Department.
Failure to
answer to the satisfaction of the | 15 | | Department shall cause an order to cease and
desist to
be | 16 | | issued immediately.
| 17 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 18 | | (225 ILCS 84/100)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 100. Investigations; notice and hearing. | 21 | | (a) The Department may
investigate the actions of any an | 22 | | applicant or of any a person or persons holding or
claiming to
| 23 | | hold a license under this Act . | 24 | | (b) The Department may also investigate the actions of a | 25 | | company or corporation that holds itself out to provide |
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| 1 | | orthotic, prosthetic, or pedorthic services with or without | 2 | | having an orthotist, prosthetist, or pedorthist licensed under | 3 | | the provisions of this Act on its staff to provide those | 4 | | services. | 5 | | (c) The Department shall, before disciplining an applicant | 6 | | or licensee, at least 30 days before the date set for the | 7 | | hearing: (i) notify, in writing, the applicant or licensee of | 8 | | the charges made and the time and place for the hearing on the | 9 | | charges, (ii) direct him or her to file a written answer to the | 10 | | charges under oath within 20 days after service of the notice, | 11 | | and (iii) inform the applicant or licensee that failure to file | 12 | | an answer will result in a default being entered against the | 13 | | applicant or licensee. Before refusing to issue or renew a | 14 | | license or taking any other disciplinary action with respect to | 15 | | a license, the Department
shall, at
least 30 days prior to the | 16 | | date set for the hearing, notify in writing the
applicant for | 17 | | or
holder of a license of the nature of the charges and that a | 18 | | hearing will be
held on the
date designated. The written notice | 19 | | may be served by personal delivery or by
certified
or | 20 | | registered mail to the respondent at the address of record with | 21 | | the Department. At the time and place fixed in the notice, the | 22 | | Board shall proceed
to hear
the charges. The parties or their | 23 | | counsel shall be afforded ample opportunity
to
present | 24 | | statements, testimony, evidence, and argument that may be | 25 | | pertinent to
the
charges or to the defense to the charges. The | 26 | | Board may continue the hearing
from
time to time.
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| 1 | | (d) At the time and place fixed in the notice, the Board or | 2 | | hearing officer appointed by the Secretary shall proceed to | 3 | | hear the charges and the applicant or licensee or his or her | 4 | | counsel shall be accorded ample opportunity to present any | 5 | | statement, testimony, evidence, and argument as may be | 6 | | pertinent to the charges or to his or her defense. The Board or | 7 | | hearing officer may continue the hearing from time to time. | 8 | | (e) In case the person, after receiving the notice, fails | 9 | | to file an answer, his or her license may, in the discretion of | 10 | | the Secretary, having first received the recommendation of the | 11 | | Board, be suspended, revoked, or placed on probationary status | 12 | | or be subject to whatever disciplinary action the Secretary | 13 | | considers proper, including limiting the scope, nature, or | 14 | | extent of the person's practice or the imposition of a fine, | 15 | | without hearing, if the act or acts charged constitute | 16 | | sufficient grounds for that action under this Act. | 17 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 18 | | (225 ILCS 84/105)
| 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 105. Record of proceedings ; transcript . The | 21 | | Department, at its own expense, shall preserve
a
record of all | 22 | | proceedings at the formal hearing of any case. The notice of | 23 | | hearing, complaint, and all other documents in
the nature
of | 24 | | pleadings and written motions filed in the proceedings, the | 25 | | transcripts of
testimony,
the report of the Board, and orders |
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| 1 | | of the Department shall be in the record of
the
proceeding.
| 2 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 3 | | (225 ILCS 84/130)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 130. Appointment of hearing officer. The Secretary | 6 | | shall have the
authority to appoint an attorney licensed to | 7 | | practice law in the State of Illinois to serve
as a hearing | 8 | | officer in an action for refusal to issue or renew a license or | 9 | | to discipline a
licensee. The hearing officer shall have full | 10 | | authority to conduct the hearing. The
hearing officer shall | 11 | | report his or her findings and recommendations to the
Board and
| 12 | | the Secretary. The Board shall have 60 days from receipt of the | 13 | | report to review
the
report of the hearing officer and present | 14 | | its findings of fact, conclusions of
law, and
recommendations | 15 | | to the Secretary. If the Board fails to present its report
| 16 | | within the 60-day period, the Secretary shall issue an order | 17 | | based on the report
of the hearing officer.
If the Secretary | 18 | | determines that the Board's report is contrary to the manifest
| 19 | | weight of
the evidence, he or she may issue an order in | 20 | | contravention of the Board's
report. Nothing in this Section | 21 | | shall prohibit a Board member from attending an informal | 22 | | conference and such participation shall not be grounds for | 23 | | recusal from any other proceeding.
| 24 | | (Source: P.A. 96-682, eff. 8-25-09.)
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| 1 | | (225 ILCS 84/150)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 150. Temporary suspension of a license. The Secretary | 4 | | may
temporarily suspend the license of an orthotist, | 5 | | prosthetist, or pedorthist
without a
hearing simultaneously | 6 | | with the institution of proceedings for a hearing
under | 7 | | provided for in
Section 95 of this Act if the Secretary finds | 8 | | that evidence in his or her
possession
indicates that a | 9 | | licensee's continuation in practice would constitute an
| 10 | | imminent danger
to the public. If the Secretary temporarily | 11 | | suspends a license without a
hearing, a
hearing by the Board | 12 | | must be held within 30 days after the suspension and completed | 13 | | without appreciable delay.
| 14 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 15 | | (225 ILCS 84/155)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 155. Administrative Review Law; venue. All final | 18 | | administrative
decisions of the Department are subject to | 19 | | judicial review pursuant to the
provisions of
the | 20 | | Administrative Review Law and all its rules adopted pursuant | 21 | | thereto . The term "administrative
decision" has the same | 22 | | meaning
as in Section 3-101 of the Administrative Review Law.
| 23 | | Proceedings for judicial review shall be commenced in the | 24 | | circuit court of the
county in which the party applying for | 25 | | review resides, but if the party is not
a resident
of this |
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| 1 | | State, the venue shall be in Sangamon County.
| 2 | | (Source: P.A. 91-590, eff. 1-1-00 .)
| 3 | | (225 ILCS 84/160)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 160. Certifications of record; costs. The Department | 6 | | shall not be
required to certify any record to the court or | 7 | | file any answer in court or
to otherwise
appear in any court in | 8 | | a judicial review proceeding unless and until the Department | 9 | | has received from the plaintiff there is filed in
the court
| 10 | | with the complaint a receipt from the Department acknowledging | 11 | | payment of the
costs
of furnishing and certifying the record, | 12 | | which cost shall be determined by the Department. Failure on | 13 | | the part of a plaintiff to file a receipt
in court shall be
| 14 | | grounds for dismissal of the action. During the pendency and | 15 | | hearing of any and all judicial proceedings incident to a | 16 | | disciplinary action, the sanctions imposed upon the plaintiff | 17 | | by the Department shall remain in full force and effect.
| 18 | | (Source: P.A. 96-682, eff. 8-25-09.)
| 19 | | (225 ILCS 84/170)
| 20 | | (Section scheduled to be repealed on January 1, 2020)
| 21 | | Sec. 170. Illinois Administrative Procedure Act. The | 22 | | Illinois
Administrative Procedure Act is hereby expressly | 23 | | adopted and incorporated in
this Act
as if all of the | 24 | | provisions of that Act were included in this Act, except that
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| 1 | | the provision
of subsection (d) of Section 10-65 of the | 2 | | Illinois Administrative Procedure
Act,
which
provides that at | 3 | | hearings the licensee has the right to show compliance with
all | 4 | | lawful
requirements for retention, continuation, or renewal of | 5 | | the license, is
specifically
excluded and for purposes of this | 6 | | Act. The notice required under Section 10-25
of
the
Illinois | 7 | | Administrative Procedure Act is deemed sufficient when mailed | 8 | | or emailed to the
last
known address or email address of record | 9 | | a party .
| 10 | | (Source: P.A. 91-590, eff. 1-1-00 .)
| 11 | | (225 ILCS 84/180 new) | 12 | | Sec. 180. Confidentiality. All information collected by | 13 | | the Department in the course of an examination or investigation | 14 | | of a licensee or applicant, including, but not limited to, any | 15 | | complaint against a licensee filed with the Department and | 16 | | information collected to investigate any such complaint, shall | 17 | | be maintained for the confidential use of the Department and | 18 | | shall not be disclosed. The Department shall not disclose the | 19 | | information to anyone other than law enforcement officials, | 20 | | other regulatory agencies that have an appropriate regulatory | 21 | | interest as determined by the Secretary, or a party presenting | 22 | | a lawful subpoena to the Department. Information and documents | 23 | | disclosed to a federal, State, county, or local law enforcement | 24 | | agency shall not be disclosed by the agency for any purpose to | 25 | | any other agency or person. A formal complaint filed against a |
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| 1 | | licensee by the Department or any order issued by the | 2 | | Department against a licensee or applicant shall be a public | 3 | | record, except as otherwise prohibited by law.
| 4 | | (225 ILCS 84/80 rep.) | 5 | | Section 15. The Orthotics, Prosthetics, and Pedorthics | 6 | | Practice Act is amended by repealing Section 80. | 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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