Illinois General Assembly - Full Text of HB4629
Illinois General Assembly

Previous General Assemblies

Full Text of HB4629  102nd General Assembly


Rep. Kelly M. Burke

Filed: 2/24/2022





10200HB4629ham001LRB102 22345 AMQ 36809 a


2    AMENDMENT NO. ______. Amend House Bill 4629 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Athletic Trainers Practice Act is
5amended by changing Sections 3, 4, 13, and 16 as follows:
6    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 3. Definitions. As used in this Act:
9    (1) "Department" means the Department of Financial and
10Professional Regulation.
11    (2) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (3) "Board" means the Illinois Board of Athletic Trainers
14appointed by the Secretary.
15    (4) "Licensed athletic trainer" means a person licensed to
16practice athletic training as defined in this Act and with the



10200HB4629ham001- 2 -LRB102 22345 AMQ 36809 a

1specific qualifications set forth in Section 9 of this Act
2who, upon the direction or consultation of a his or her team
3physician or consulting physician, carries out the practice of
4evaluation, prevention or emergency prevention/emergency care,
5or physical reconditioning of injuries incurred by athletes
6participating in an athletic program conducted by an
7educational institution, professional athletic organization,
8or sanctioned amateur athletic organization, performing arts
9setting, clinical setting, or employment setting employing the
10athletic trainer; or a person who, under the direction of a
11physician, carries out comparable functions for a health
12organization-based extramural program of athletic training
13services for athletes. Specific duties of the athletic trainer
14include, but are not limited to:
15        A. Supervision of the selection, fitting, and
16    maintenance of protective equipment;
17        B. Provision of assistance to the coaching staff in
18    the development and implementation of conditioning
19    programs;
20        C. Counseling of athletes on nutrition and hygiene;
21        D. Supervision of athletic training facility and
22    inspection of playing facilities;
23        E. Selection and maintenance of athletic training
24    equipment and supplies;
25        F. (Blank); Instruction and supervision of student
26    trainer staff;



10200HB4629ham001- 3 -LRB102 22345 AMQ 36809 a

1        G. Coordination with a team physician to provide:
2            (i) pre-competition physical exam and health
3        history updates,
4            (ii) game coverage or phone access to a physician
5        or paramedic,
6            (iii) follow-up injury care,
7            (iv) reconditioning programs, and
8            (v) assistance on all matters pertaining to the
9        health and well-being of athletes; .
10        H. Provision of on-site injury care and evaluation as
11    well as appropriate transportation, follow-up treatment
12    and reconditioning rehabilitation as necessary for all
13    injuries sustained by athletes in the program;
14        I. With a physician, determination of when an athlete
15    may safely return to full participation post-injury; and
16        J. Maintenance of complete and accurate records of all
17    athlete athletic injuries and treatments rendered; and .
18        K. Written reports to a referring individual every 30
19    days services are provided.
20    To carry out these functions the athletic trainer is
21authorized to utilize modalities, including, but not limited
22to, heat, light, sound, cold, electricity, exercise, or
23mechanical devices related to care and reconditioning. An
24athletic trainer may also carry out these functions upon
25receiving a referral. A licensed athletic trainer shall use
26"LAT" or "L.A.T." in connection with the athletic trainer's



10200HB4629ham001- 4 -LRB102 22345 AMQ 36809 a

1name to denote licensure under this Act.
2    (5) "Referral" means the written authorization for
3athletic trainer services as provided in paragraph (4)
4guidance and direction given by a the physician, physician
5assistant, advanced practice registered nurse, podiatric
6physician, or dentist, who shall maintain medical supervision
7of the athlete and makes a diagnosis or verifies that the
8patient's condition is such that it may be treated by an
9athletic trainer.
10    (6) "Aide" Athletic trainer aide" means a person who has
11received on-the-job training specific to the facility in which
12he or she is employed, on either a paid or volunteer basis, but
13is not enrolled in an accredited athletic training curriculum.
14    (7) "Address of record" means the designated address
15recorded by the Department in the applicant's or licensee's
16application file or license file as maintained by the
17Department's licensure maintenance unit. It is the duty of the
18applicant or licensee to inform the Department of any change
19of address, and those changes must be made either through the
20Department's website or by contacting the Department.
21    (8) "Board of Certification" means the Board of
22Certification for the Athletic Trainer.
23    (9) "Athlete" means a person participating in an activity
24that requires a level of strength, endurance, flexibility,
25range of motion, speed, or agility which may include exercise,
26sports, recreation, wellness, or employment activity.



10200HB4629ham001- 5 -LRB102 22345 AMQ 36809 a

1    (10) "Physician assistant" means a physician assistant
2licensed to practice under the Physician Assistant Practice
3Act of 1987 in accordance with a written collaborative
4agreement with a physician licensed to practice medicine in
5all of its branches.
6    (11) "Advanced practice registered nurse" means an
7advanced practice registered nurse licensed to practice under
8the Nurse Practice Act in accordance with a written
9collaborative agreement with a physician licensed under the
10Medical Practice Act of 1987.
11(Source: P.A. 99-469, eff. 8-26-15.)
12    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 4. Licensure; exempt activities. No person shall
15provide any of the services set forth in subsection (4) of
16Section 3 of this Act, or use the title "athletic trainer" or
17"certified athletic trainer" or "athletic trainer certified"
18or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
19"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
20athletic trainer's his or her name, unless licensed under this
22    Nothing in this Act shall be construed as preventing or
23restricting the practice, services, or activities of:
24        (1) Any person licensed or registered in this State by
25    any other law from engaging in the profession or



10200HB4629ham001- 6 -LRB102 22345 AMQ 36809 a

1    occupation for which he or she is licensed or registered.
2        (2) Any person employed as an athletic trainer by the
3    Government of the United States, if such person provides
4    athletic training solely under the direction or control of
5    the organization by which he or she is employed.
6        (3) Any person pursuing a course of study leading to a
7    degree or certificate in athletic training at an
8    accredited educational program if such activities and
9    services constitute a part of a supervised course of study
10    involving daily personal or verbal contact at the site of
11    supervision between the athletic training student and the
12    licensed athletic trainer who plans, directs, advises, and
13    evaluates the student's athletic training clinical
14    education. The supervising licensed athletic trainer must
15    be on-site where the athletic training clinical education
16    is being obtained. A person meeting the criteria under
17    this paragraph (3) must be designated by a title which
18    clearly indicates his or her status as a student or
19    trainee.
20        (4) (Blank).
21        (5) The practice of athletic training under the
22    supervision of a licensed athletic trainer by one who has
23    applied in writing to the Department for licensure and has
24    complied with all the provisions of Section 9 except the
25    passing of the examination to be eligible to receive such
26    license. This temporary right to act as an athletic



10200HB4629ham001- 7 -LRB102 22345 AMQ 36809 a

1    trainer shall expire 3 months after the filing of his or
2    her written application to the Department; when the
3    applicant has been notified of his or her failure to pass
4    the examination authorized by the Department; when the
5    applicant has withdrawn his or her application; when the
6    applicant has received a license from the Department after
7    successfully passing the examination authorized by the
8    Department; or when the applicant has been notified by the
9    Department to cease and desist from practicing, whichever
10    occurs first. This provision shall not apply to an
11    applicant who has previously failed the examination.
12        (6) Any person in a coaching position from rendering
13    emergency care on an as needed basis to the athletes under
14    his or her supervision when a licensed athletic trainer is
15    not available.
16        (7) Any person who is an athletic trainer from another
17    state or territory of the United States or another nation,
18    state, or territory acting as an athletic trainer while
19    performing his or her duties for his or her respective
20    non-Illinois based team or organization, so long as he or
21    she restricts his or her duties to his or her team or
22    organization during the course of his or her team's or
23    organization's stay in this State. For the purposes of
24    this Act, a team shall be considered based in Illinois if
25    its home contests are held in Illinois, regardless of the
26    location of the team's administrative offices.



10200HB4629ham001- 8 -LRB102 22345 AMQ 36809 a

1        (8) The practice of athletic training by persons
2    licensed in another state who have applied in writing to
3    the Department for licensure by endorsement. This
4    temporary right to act as an athletic trainer shall expire
5    6 months after the filing of his or her written
6    application to the Department; upon the withdrawal of the
7    application for licensure under this Act; upon delivery of
8    a notice of intent to deny the application from the
9    Department; or upon the denial of the application by the
10    Department, whichever occurs first.
11        (9) The practice of athletic training by one who has
12    applied in writing to the Department for licensure and has
13    complied with all the provisions of Section 9. This
14    temporary right to act as an athletic trainer shall expire
15    6 months after the filing of his or her written
16    application to the Department; upon the withdrawal of the
17    application for licensure under this Act; upon delivery of
18    a notice of intent to deny the application from the
19    Department; or upon the denial of the application by the
20    Department, whichever occurs first.
21        (10) The practice of athletic training by persons
22    actively licensed as an athletic trainer in another state
23    or territory of the United States or another country, or
24    currently certified by the Board of Certification, or its
25    successor entity, at a special athletic tournament or
26    event conducted by a sanctioned amateur athletic



10200HB4629ham001- 9 -LRB102 22345 AMQ 36809 a

1    organization, including, but not limited to, the Prairie
2    State Games and the Special Olympics, for no more than 14
3    days. This shall not include contests or events that are
4    part of a scheduled series of regular season events.
5        (11) Aides Athletic trainer aides from performing
6    patient care activities under the on-site supervision of a
7    licensed athletic trainer. These patient care activities
8    shall not include interpretation of referrals or
9    evaluation procedures, planning or major modifications of
10    patient programs, administration of medication, or solo
11    practice or event coverage without immediate access to a
12    licensed athletic trainer.
13        (12) Persons or entities practicing the specified
14    occupations set forth in subsection (a) of, and pursuant
15    to a licensing exemption granted in subsection (b) or (d)
16    of, Section 2105-350 of the Department of Professional
17    Regulation Law of the Civil Administrative Code of
18    Illinois, but only for so long as the 2016 Olympic and
19    Paralympic Games Professional Licensure Exemption Law is
20    operable.
21(Source: P.A. 99-469, eff. 8-26-15.)
22    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 13. Endorsement. The Department may, at its
25discretion, license as an athletic trainer, without



10200HB4629ham001- 10 -LRB102 22345 AMQ 36809 a

1examination, on payment of the required fee, an applicant for
2licensure who is an athletic trainer registered or licensed
3under the laws of another jurisdiction if the requirements
4pertaining to athletic trainers in such jurisdiction were at
5the date of his or her registration or licensure substantially
6equal to the requirements in force in Illinois on that date or
7equivalent to the requirements of this Act.
8    An applicant for endorsement who has practiced for 10
9consecutive years in another jurisdiction shall meet the
10requirements for licensure by endorsement upon filing an
11application on forms provided by the Department, paying the
12required fee, and showing proof of licensure in another
13jurisdiction for at least 10 consecutive years without
14discipline by certified verification of licensure from the
15jurisdiction in which the applicant practiced.
16    Applicants have 3 years from the date of application to
17complete the application process. If the process has not been
18completed in 3 years, the application shall be denied, the fee
19forfeited and the applicant must reapply and meet the
20requirements in effect at the time of reapplication.
21(Source: P.A. 99-469, eff. 8-26-15.)
22    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 16. Grounds for discipline.
25    (1) The Department may refuse to issue or renew, or may



10200HB4629ham001- 11 -LRB102 22345 AMQ 36809 a

1revoke, suspend, place on probation, reprimand, or take other
2disciplinary action as the Department may deem proper,
3including fines not to exceed $10,000 for each violation, with
4regard to any licensee for any one or combination of the
6        (A) Material misstatement in furnishing information to
7    the Department;
8        (B) Violations of this Act, or of the rules or
9    regulations promulgated hereunder;
10        (C) Conviction of or plea of guilty to any crime under
11    the Criminal Code of 2012 or the laws of any jurisdiction
12    of the United States that is (i) a felony, (ii) a
13    misdemeanor, an essential element of which is dishonesty,
14    or (iii) of any crime that is directly related to the
15    practice of the profession;
16        (D) Fraud or any misrepresentation in applying for or
17    procuring a license under this Act, or in connection with
18    applying for renewal of a license under this Act;
19        (E) Professional incompetence or gross negligence;
20        (F) Malpractice;
21        (G) Aiding or assisting another person, firm,
22    partnership, or corporation in violating any provision of
23    this Act or rules;
24        (H) Failing, within 60 days, to provide information in
25    response to a written request made by the Department;
26        (I) Engaging in dishonorable, unethical, or



10200HB4629ham001- 12 -LRB102 22345 AMQ 36809 a

1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public;
3        (J) Habitual or excessive use or abuse of drugs
4    defined in law as controlled substances, alcohol, or any
5    other substance that results in the inability to practice
6    with reasonable judgment, skill, or safety;
7        (K) Discipline by another state, unit of government,
8    government agency, the District of Columbia, territory, or
9    foreign nation, if at least one of the grounds for the
10    discipline is the same or substantially equivalent to
11    those set forth herein;
12        (L) Directly or indirectly giving to or receiving from
13    any person, firm, corporation, partnership, or association
14    any fee, commission, rebate, or other form of compensation
15    for any professional services not actually or personally
16    rendered. Nothing in this subparagraph (L) affects any
17    bona fide independent contractor or employment
18    arrangements among health care professionals, health
19    facilities, health care providers, or other entities,
20    except as otherwise prohibited by law. Any employment
21    arrangements may include provisions for compensation,
22    health insurance, pension, or other employment benefits
23    for the provision of services within the scope of the
24    licensee's practice under this Act. Nothing in this
25    subparagraph (L) shall be construed to require an
26    employment arrangement to receive professional fees for



10200HB4629ham001- 13 -LRB102 22345 AMQ 36809 a

1    services rendered;
2        (M) A finding by the Department that the licensee
3    after having his or her license disciplined has violated
4    the terms of probation;
5        (N) Abandonment of an athlete;
6        (O) Willfully making or filing false records or
7    reports in his or her practice, including but not limited
8    to false records filed with State agencies or departments;
9        (P) Willfully failing to report an instance of
10    suspected child abuse or neglect as required by the Abused
11    and Neglected Child Reporting Act;
12        (Q) Physical illness, including but not limited to
13    deterioration through the aging process, or loss of motor
14    skill that results in the inability to practice the
15    profession with reasonable judgment, skill, or safety;
16        (R) Solicitation of professional services other than
17    by permitted institutional policy;
18        (S) The use of any words, abbreviations, figures or
19    letters with the intention of indicating practice as an
20    athletic trainer without a valid license as an athletic
21    trainer under this Act;
22        (T) The evaluation or treatment of ailments of human
23    beings other than by the practice of athletic training as
24    defined in this Act or the treatment of injuries of
25    athletes by a licensed athletic trainer except by the
26    referral of a physician, physician assistant, advanced



10200HB4629ham001- 14 -LRB102 22345 AMQ 36809 a

1    practice registered nurse, podiatric physician, or
2    dentist;
3        (U) Willfully violating or knowingly assisting in the
4    violation of any law of this State relating to the use of
5    habit-forming drugs;
6        (V) Willfully violating or knowingly assisting in the
7    violation of any law of this State relating to the
8    practice of abortion;
9        (W) Continued practice by a person knowingly having an
10    infectious communicable or contagious disease;
11        (X) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    pursuant to the Abused and Neglected Child Reporting Act
14    and upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act;
18        (X-5) Failure to provide a monthly report on the
19    patient's progress to the referring physician, physician
20    assistant, advanced practice registered nurse, podiatric
21    physician, or dentist;
22        (Y) (Blank);
23        (Z) Failure to fulfill continuing education
24    requirements;
25        (AA) Allowing one's license under this Act to be used
26    by an unlicensed person in violation of this Act;



10200HB4629ham001- 15 -LRB102 22345 AMQ 36809 a

1        (BB) Practicing under a false or, except as provided
2    by law, assumed name;
3        (CC) Promotion of the sale of drugs, devices,
4    appliances, or goods provided in any manner to exploit the
5    client for the financial gain of the licensee;
6        (DD) Gross, willful, or continued overcharging for
7    professional services;
8        (EE) Mental illness or disability that results in the
9    inability to practice under this Act with reasonable
10    judgment, skill, or safety; or
11        (FF) Cheating on or attempting to subvert the
12    licensing examination administered under this Act; .
13        (GG) Violation of the Health Care Worker Self-Referral
14    Act; or
15        (HH) Failure by a supervising athletic trainer of an
16    aide to maintain contact, including personal supervision
17    and instruction, to ensure the safety and welfare of an
18    athlete.
19    All fines imposed under this Section shall be paid within
2060 days after the effective date of the order imposing the fine
21or in accordance with the terms set forth in the order imposing
22the fine.
23    (2) The determination by a circuit court that a licensee
24is subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code operates as an automatic suspension. Such suspension will



10200HB4629ham001- 16 -LRB102 22345 AMQ 36809 a

1end only upon a finding by a court that the licensee is no
2longer subject to involuntary admission or judicial admission
3and issuance of an order so finding and discharging the
5    (3) The Department may refuse to issue or may suspend
6without hearing, as provided for in the Code of Civil
7Procedure, the license of any person who fails to file a
8return, to pay the tax, penalty, or interest shown in a filed
9return, or to pay any final assessment of tax, penalty, or
10interest as required by any tax Act administered by the
11Illinois Department of Revenue, until such time as the
12requirements of any such tax Act are satisfied in accordance
13with subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code
15of Illinois.
16    (4) In enforcing this Section, the Department, upon a
17showing of a possible violation, may compel any individual who
18is licensed under this Act or any individual who has applied
19for licensure to submit to a mental or physical examination or
20evaluation, or both, which may include a substance abuse or
21sexual offender evaluation, at the expense of the Department.
22The Department shall specifically designate the examining
23physician licensed to practice medicine in all of its branches
24or, if applicable, the multidisciplinary team involved in
25providing the mental or physical examination and evaluation.
26The multidisciplinary team shall be led by a physician



10200HB4629ham001- 17 -LRB102 22345 AMQ 36809 a

1licensed to practice medicine in all of its branches and may
2consist of one or more or a combination of physicians licensed
3to practice medicine in all of its branches, licensed
4chiropractic physicians, licensed clinical psychologists,
5licensed clinical social workers, licensed clinical
6professional counselors, and other professional and
7administrative staff. Any examining physician or member of the
8multidisciplinary team may require any person ordered to
9submit to an examination and evaluation pursuant to this
10Section to submit to any additional supplemental testing
11deemed necessary to complete any examination or evaluation
12process, including, but not limited to, blood testing,
13urinalysis, psychological testing, or neuropsychological
15    The Department may order the examining physician or any
16member of the multidisciplinary team to provide to the
17Department any and all records, including business records,
18that relate to the examination and evaluation, including any
19supplemental testing performed. The Department may order the
20examining physician or any member of the multidisciplinary
21team to present testimony concerning this examination and
22evaluation of the licensee or applicant, including testimony
23concerning any supplemental testing or documents relating to
24the examination and evaluation. No information, report,
25record, or other documents in any way related to the
26examination and evaluation shall be excluded by reason of any



10200HB4629ham001- 18 -LRB102 22345 AMQ 36809 a

1common law or statutory privilege relating to communication
2between the licensee or applicant and the examining physician
3or any member of the multidisciplinary team. No authorization
4is necessary from the licensee or applicant ordered to undergo
5an evaluation and examination for the examining physician or
6any member of the multidisciplinary team to provide
7information, reports, records, or other documents or to
8provide any testimony regarding the examination and
9evaluation. The individual to be examined may have, at his or
10her own expense, another physician of his or her choice
11present during all aspects of the examination.
12    Failure of any individual to submit to a mental or
13physical examination or evaluation, or both, when directed,
14shall result in an automatic suspension without hearing, until
15such time as the individual submits to the examination. If the
16Department finds a licensee unable to practice because of the
17reasons set forth in this Section, the Department shall
18require the licensee to submit to care, counseling, or
19treatment by physicians approved or designated by the
20Department as a condition for continued, reinstated, or
21renewed licensure.
22    When the Secretary immediately suspends a license under
23this Section, a hearing upon such person's license must be
24convened by the Department within 15 days after the suspension
25and completed without appreciable delay. The Department shall
26have the authority to review the licensee's record of



10200HB4629ham001- 19 -LRB102 22345 AMQ 36809 a

1treatment and counseling regarding the impairment to the
2extent permitted by applicable federal statutes and
3regulations safeguarding the confidentiality of medical
5    Individuals licensed under this Act who are affected under
6this Section shall be afforded an opportunity to demonstrate
7to the Department that they can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of their license.
10    (5) (Blank).
11    (6) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency
15to the Department, the Department may refuse to issue or renew
16or may revoke or suspend that person's license or may take
17other disciplinary action against that person based solely
18upon the certification of delinquency made by the Department
19of Healthcare and Family Services in accordance with paragraph
20(5) of subsection (a) of Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code
22of Illinois.
23(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)".