Full Text of HB1359 096th General Assembly
HB1359 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1359
Introduced 2/18/2009, by Rep. Angelo Saviano - Dan Reitz - Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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Amends the Orthotics, Prosthetics, and Pedorthics Practice Act. Makes changes in Sections concerning the powers and duties of the Department, the Board, qualifications for licensure, the renewal or restoration of a license, the grounds for discipline, and the appointment of a hearing officer. In a Section concerning exceptions, provides that the Act shall not be construed to prohibit a licensed advanced practice nurse from engaging in his or her profession (now, physical therapist or occupational therapist). In a Section concerning the limitations on the provision of care and services, provides that a licensed orthotist, prosthetist, or pedorthist may provide care or services if the care or services are provided pursuant to an order from an advanced practice nurse (now, a licensed physician or podiatrist). Creates new Sections concerning returned checks and fines, subpoenas, unlicensed practice and civil penalties. Defines the terms "address of record", "off-the-shelf device", and "Secretary". Repeals Sections concerning the transition period and enforcement. Repeals a Section concerning elective inactive status and reinserts its contents into a Section concerning the renewal or restoration of a license. Makes other changes. Effective immediately.
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A BILL FOR
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HB1359 |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Orthotics, Prosthetics, and Pedorthics | 5 |
| Practice Act is amended by changing Sections 10, 15, 20, 25, | 6 |
| 40, 57, 60, 70, 80, 85, 90, 100, 105, 130, 150, and 160 and by | 7 |
| adding Sections 77, 103, and 107 as follows:
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| (225 ILCS 84/10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10. Definitions. As used in this Act:
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| "Address of record" means the designated address recorded | 12 |
| by the Department in the applicant's or licensee's application | 13 |
| file or license file maintained by the Department's licensure | 14 |
| maintenance unit. It is the duty of the applicant or licensee | 15 |
| to inform the Department of any change of address, and such | 16 |
| changes must be made either through the Department's website or | 17 |
| by directly contacting the Department. | 18 |
| "Assistant" means a person who assists an orthotist, | 19 |
| prosthetist, or
prosthetist/orthotist with patient care | 20 |
| services and fabrication of orthoses or
prostheses
under the | 21 |
| supervision of a licensed orthotist or prosthetist.
| 22 |
| "Board" means the Board of Orthotics, Prosthetics, and | 23 |
| Pedorthics.
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| "Custom" means that an orthosis, prosthesis, or pedorthic | 2 |
| device is designed,
fabricated, and aligned specifically for | 3 |
| one person in accordance with sound
biomechanical principles.
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| "Custom fitted" means that a prefabricated orthosis, | 5 |
| prosthesis, or pedorthic
device is modified and aligned | 6 |
| specifically for one person in accordance with
sound
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| biomechanical principles.
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| "Department" means the Department of Financial and | 9 |
| Professional Regulation.
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| "Secretary" "Director" means the Director of Financial and | 11 |
| Professional Regulation.
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| "Facility" means the business location where orthotic, | 13 |
| prosthetic, or
pedorthic care is provided and, in the case of | 14 |
| an orthotic/prosthetic facility,
has the
appropriate
clinical | 15 |
| and laboratory space and equipment to provide comprehensive | 16 |
| orthotic
or
prosthetic care and, in the case of a pedorthic | 17 |
| facility, has the
appropriate clinical
space and
equipment to | 18 |
| provide pedorthic care. Licensed orthotists, prosthetists, and
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| pedorthists
must be available to either provide care or | 20 |
| supervise the provision of care by
registered
staff.
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| "Licensed orthotist" means a person licensed under this Act | 22 |
| to practice
orthotics and who represents himself or herself to | 23 |
| the public by title or
description of
services that includes | 24 |
| the term "orthotic", "orthotist", "brace", or a similar
title | 25 |
| or
description of services.
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| "Licensed pedorthist" means a person licensed under this |
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| Act to practice
pedorthics and who represents himself or | 2 |
| herself to the public by the title or
description of
services | 3 |
| that include the term "pedorthic", "pedorthist", or a similar | 4 |
| title or
description
of services.
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| "Licensed physician" means a person licensed
under the | 6 |
| Medical Practice Act of 1987.
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| "Licensed podiatrist" means a person licensed under the | 8 |
| Podiatric
Medical Practice Act of 1987.
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| "Licensed prosthetist" means a person licensed under this | 10 |
| Act to practice
prosthetics and who represents himself or | 11 |
| herself to the public by title or
description of
services that | 12 |
| includes the term "prosthetic", "prosthetist", "artificial
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| limb", or a
similar title or description of services.
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| "Off-the-shelf device" means a prefabricated orthosis, | 15 |
| prosthesis, or pedorthic device that is sized or modified for | 16 |
| use by the patient in accordance with a prescription and does | 17 |
| not require substantial clinical judgment or substantive | 18 |
| alteration for appropriate use. | 19 |
| "Orthosis" means a custom-fabricated or custom-fitted | 20 |
| brace or support
designed to provide for alignment, correction, | 21 |
| or prevention of neuromuscular
or
musculoskeletal dysfunction, | 22 |
| disease, injury, or deformity. "Orthosis" does
not include
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| fabric or elastic supports, corsets, arch supports, | 24 |
| low-temperature plastic
splints,
trusses, elastic hoses, | 25 |
| canes, crutches, soft cervical collars, dental
appliances, or | 26 |
| other
similar devices carried in stock and sold as |
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| "over-the-counter" items by a drug
store,
department store, | 2 |
| corset shop, or surgical supply facility.
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| "Orthotic and Prosthetic Education Program" means a course | 4 |
| of instruction
accredited by the Commission on Accreditation of | 5 |
| Allied Health Education
Programs,
consisting of (i) a basic | 6 |
| curriculum of college level instruction in math,
physics,
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| biology, chemistry, and psychology and (ii) a specific | 8 |
| curriculum in orthotic
or
prosthetic courses, including: (A) | 9 |
| lectures covering pertinent anatomy,
biomechanics,
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| pathomechanics, prosthetic-orthotic components and materials, | 11 |
| training and
functional
capabilities, prosthetic or orthotic | 12 |
| performance evaluation, prescription
considerations,
etiology | 13 |
| of amputations and disease processes necessitating prosthetic | 14 |
| or
orthotic use,
and medical management; (B) subject matter | 15 |
| related to pediatric and geriatric
problems;
(C) instruction in | 16 |
| acute care techniques, such as immediate and early
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| post-surgical
prosthetics and fracture bracing techniques; and | 18 |
| (D) lectures,
demonstrations,
and laboratory experiences | 19 |
| related to the entire process of measuring, casting,
fitting,
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| fabricating, aligning, and completing prostheses or orthoses.
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| "Orthotic and prosthetic scope of practice" means a list of | 22 |
| tasks, with
relative
weight given to such factors as | 23 |
| importance, criticality, and frequency, based
on
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| internationally accepted standards of orthotic and prosthetic | 25 |
| care as outlined
by the
International Society of Prosthetics | 26 |
| and Orthotics' professional profile for
Category I
and Category |
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| III orthotic and prosthetic personnel.
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| "Orthotics" means the science and practice of evaluating, | 3 |
| measuring,
designing, fabricating, assembling, fitting, | 4 |
| adjusting, or servicing an
orthosis under an
order from a | 5 |
| licensed physician or podiatrist for the correction
or
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| alleviation of neuromuscular or musculoskeletal dysfunction, | 7 |
| disease, injury,
or
deformity.
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| "Orthotist" means a person who measures, designs, | 9 |
| fabricates, fits, or
services
orthoses and assists in the | 10 |
| formulation of the order of orthoses as ordered
by a
licensed | 11 |
| physician for the support or correction of disabilities caused | 12 |
| by
neuro-musculoskeletal diseases, injuries, or deformities.
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| "Over-the-counter" means a prefabricated, mass-produced | 14 |
| device that is
prepackaged and requires no professional advice | 15 |
| or judgement in either size
selection or
use, including fabric | 16 |
| or elastic supports, corsets, generic arch supports,
elastic | 17 |
| hoses.
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| "Pedorthic device" means therapeutic footwear, foot | 19 |
| orthoses for use at the
ankle or below, and modified footwear | 20 |
| made for therapeutic purposes.
"Pedorthic device" does not | 21 |
| include non-therapeutic accommodative inlays or
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| non-therapeutic
accommodative footwear, regardless of method | 23 |
| of manufacture, shoe
modifications
made for non-therapeutic | 24 |
| purposes, unmodified, over-the-counter shoes, or
prefabricated | 25 |
| foot care products.
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| "Pedorthic education program" means a course of |
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| instruction accredited by
the Board for Certification in | 2 |
| Pedorthics consisting of (i) a basic curriculum
of
instruction | 3 |
| in foot-related pathology of diseases, anatomy, and | 4 |
| biomechanics
and (ii) a
specific curriculum in pedorthic | 5 |
| courses, including lectures covering shoes,
foot
orthoses, and | 6 |
| shoe modifications, pedorthic components and materials, | 7 |
| training
and
functional capabilities, pedorthic performance | 8 |
| evaluation, prescription
considerations,
etiology of disease | 9 |
| processes necessitating use of pedorthic devices, medical
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| management, subject matter related to pediatric and geriatric | 11 |
| problems, and
lectures,
demonstrations, and laboratory | 12 |
| experiences related to the entire process of
measuring
and | 13 |
| casting, fitting, fabricating, aligning, and completing | 14 |
| pedorthic
devices.
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| "Pedorthic scope of practice" means a list of tasks with | 16 |
| relative weight
given
to such factors as importance, | 17 |
| criticality, and frequency based on nationally
accepted
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| standards of pedorthic care as outlined by the Board for | 19 |
| Certification in
Pedorthics'
comprehensive analysis with an | 20 |
| empirical validation study of the profession
performed
by an | 21 |
| independent testing company.
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| "Pedorthics" means the science and practice of evaluating, | 23 |
| measuring,
designing, fabricating, assembling, fitting, | 24 |
| adjusting, or servicing a
pedorthic device
under an order from | 25 |
| a licensed physician or podiatrist for the
correction or
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| alleviation of neuromuscular or musculoskeletal dysfunction, |
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| disease, injury,
or
deformity.
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| "Pedorthist" means a person who measures, designs, | 3 |
| fabricates, fits, or
services pedorthic devices and assists in | 4 |
| the formulation of the order
of pedorthic
devices as ordered by | 5 |
| a licensed physician for the support or correction of
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| disabilities
caused by neuro-musculoskeletal diseases, | 7 |
| injuries, or deformities.
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| "Person" means a natural person.
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| "Prosthesis" means an artificial medical device that is not | 10 |
| surgically
implanted and that is used to replace a missing | 11 |
| limb, appendage, or any other
external
human body
part | 12 |
| including an artificial limb, hand, or foot. "Prosthesis" does | 13 |
| not include
artificial
eyes, ears, fingers, or toes, dental | 14 |
| appliances, cosmetic devices such as
artificial
breasts, | 15 |
| eyelashes, or wigs, or other devices that do not have a | 16 |
| significant
impact on the
musculoskeletal functions of the | 17 |
| body.
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| "Prosthetics" means the science and practice of | 19 |
| evaluating, measuring,
designing, fabricating, assembling, | 20 |
| fitting, adjusting, or servicing a
prosthesis
under an
order | 21 |
| from a licensed physician.
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| "Prosthetist" means a person who measures, designs, | 23 |
| fabricates, fits, or
services prostheses and assists in the | 24 |
| formulation of the
order of prostheses as ordered
by a licensed | 25 |
| physician for the replacement of external parts of
the human
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| body lost due to amputation or congenital deformities or |
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| absences.
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| "Prosthetist/orthotist" means a person who practices both | 3 |
| disciplines of
prosthetics and orthotics and who represents | 4 |
| himself or herself to the public
by title or by
description of | 5 |
| services.
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| "Resident" means a person who has completed an education | 7 |
| program in either
orthotics or prosthetics and is continuing | 8 |
| his or her clinical education in a
residency
accredited by the | 9 |
| National Commission on Orthotic and Prosthetic Education.
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| "Secretary" means the Secretary of Financial and | 11 |
| Professional Regulation. | 12 |
| "Technician" means a person who assists an orthotist, | 13 |
| prosthetist,
prosthetist/orthotist, or pedorthist with | 14 |
| fabrication of orthoses, prostheses,
or pedorthic
devices but | 15 |
| does not provide direct patient care.
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| (Source: P.A. 91-590, eff. 1-1-00.)
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| (225 ILCS 84/15)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 15. Exceptions. This Act shall not be construed to | 20 |
| prohibit:
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| (1) a physician licensed in this State
from engaging in the | 22 |
| practice for which he or she is licensed;
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| (2) a person licensed in this State under any other Act | 24 |
| from engaging in the
practice for which he or she is licensed;
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| (3) the practice of orthotics, prosthetics, or pedorthics |
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| by a person who is
employed by the federal government or any | 2 |
| bureau, division, or agency of the
federal
government while in | 3 |
| the discharge of the employee's official duties;
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| (4) the practice of orthotics, prosthetics, or pedorthics | 5 |
| by (i) a student
enrolled in a school of orthotics, | 6 |
| prosthetics, or pedorthics, (ii) a
resident continuing
his or | 7 |
| her clinical education in a residency accredited by the | 8 |
| National
Commission on
Orthotic and Prosthetic Education, or | 9 |
| (iii) a student in a qualified work
experience
program or | 10 |
| internship in pedorthics;
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| (5) the practice of orthotics, prosthetics, or pedorthics | 12 |
| by one who is an
orthotist, prosthetist, or pedorthist licensed | 13 |
| under the laws of another state
or territory
of the United | 14 |
| States or another country and has applied in writing to the
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| Department, in
a form and substance satisfactory to the | 16 |
| Department, for a license as
orthotist,
prosthetist, or | 17 |
| pedorthist and who is qualified to receive the license under
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| Section 40
until (i) the expiration of 6 months after the | 19 |
| filing of the written
application, (ii) the
withdrawal of the | 20 |
| application, or (iii) the denial of the application by the
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| Department;
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| (6) a person licensed by this State as a physical | 23 |
| therapist , or occupational
therapist , or advanced practice | 24 |
| nurse from engaging in his or her profession; or
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| (7) a physician licensed under the Podiatric Medical | 26 |
| Practice Act of 1997
from engaging in his or her profession.
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| (Source: P.A. 91-590, eff. 1-1-00.)
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| (225 ILCS 84/20)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 20. Powers and duties of the Department.
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| (a) The Department shall exercise the powers and duties | 6 |
| prescribed by the
Civil
Administrative Code of Illinois for the | 7 |
| administration of licensure Acts and
shall
exercise other | 8 |
| powers and duties necessary for effectuating the purposes of
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| this Act.
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| (b) The Department may adopt rules to administer and | 11 |
| enforce this Act
including, but not limited to, fees for | 12 |
| original licensure and renewal and
restoration of
licenses and | 13 |
| may prescribe forms to be issued to implement its rules. The
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| Department shall
exercise the powers and duties prescribed by | 15 |
| this Act. At a minimum, the rules
adopted by the Department | 16 |
| shall include standards and criteria for licensure
and for
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| professional conduct and discipline. The Department shall | 18 |
| consult with the
Board in
adopting rules. Notice of proposed | 19 |
| rulemaking shall be transmitted to the
Board, and
the | 20 |
| Department shall review the Board's response and inform the | 21 |
| Board of any deviations any recommendations made
in
writing | 22 |
| with proper explanation of deviations from the Board's | 23 |
| recommendations
and
response .
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| (c) The Department at any time may seek the expert advice | 25 |
| and knowledge of
the Board on any matter relating to the |
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| enforcement of this Act.
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| (d) Department may adopt rules as necessary to establish | 3 |
| eligibility for
facility
registration and standards.
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| (Source: P.A. 91-590, eff. 1-1-00.)
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| (225 ILCS 84/25)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics.
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| (a) There is established a Board of Orthotics, Prosthetics, | 9 |
| and Pedorthics,
which shall consist of 6 voting members to be | 10 |
| appointed by the Director. Three
members shall be practicing | 11 |
| licensed orthotists, licensed prosthetists, or
licensed
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| pedorthists. These members may be licensed in more than one | 13 |
| discipline and
their
appointments must equally represent all 3 | 14 |
| disciplines. One member shall be a
member of the public who is | 15 |
| a consumer of orthotic, prosthetic, or pedorthic
professional | 16 |
| services. One member shall be a public member who is not | 17 |
| licensed
under
this Act or a consumer of services licensed | 18 |
| under this Act. One member shall
be a licensed physician.
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| (b) Each member of the Board shall serve a term of 3 years, | 20 |
| except that of
the initial appointments to the Board, 2 members | 21 |
| shall be appointed for one
year, 2
members shall be appointed | 22 |
| for 2 years, and 2 members shall be appointed for
3 years. Each | 23 |
| member shall hold office and execute his or her Board
| 24 |
| responsibilities until the qualification and appointment of | 25 |
| his or her
successor. No
member of the Board shall serve more |
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| than 8 consecutive years or 2 full terms,
whichever is greater.
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| (c) Members of the Board may shall receive as compensation | 3 |
| a reasonable sum as
determined by the Director for each day | 4 |
| actually engaged in the duties of the
office and
shall be | 5 |
| reimbursed for reasonable expenses incurred in performing the | 6 |
| duties
of the
office.
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| (d) The majority of the Board shall constitute a quorum. A | 8 |
| vacancy in the membership of the Board shall not impair the | 9 |
| right of a quorum to exercise all of the duties of the Board A | 10 |
| quorum of the Board shall consist of a majority of Board | 11 |
| members
currently appointed .
| 12 |
| (e) The Director may terminate the appointment of any | 13 |
| member for cause
which, in the opinion of the Director | 14 |
| reasonably justifies termination, which
may
include, but is not | 15 |
| limited to, a Board member who does not attend 2
consecutive
| 16 |
| meetings.
| 17 |
| (f) Membership of the Board should reasonably reflect | 18 |
| representation from
the geographic areas in this State.
| 19 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 20 |
| (225 ILCS 84/40)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 40.
Qualifications for licensure as orthotist, | 23 |
| prosthetist, or
pedorthist.
| 24 |
| (a) To qualify for a license to practice orthotics or | 25 |
| prosthetics, a
person
shall:
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| (1) possess a baccalaureate degree from a college or | 2 |
| university;
| 3 |
| (2) have completed the amount of formal training, | 4 |
| including, but not
limited to, any hours of classroom | 5 |
| education and clinical practice established
and approved | 6 |
| by the Department;
| 7 |
| (3) complete a clinical residency in the professional | 8 |
| area for which a
license is sought in accordance with | 9 |
| standards, guidelines, or procedures for
residencies | 10 |
| inside or outside this State established and approved by | 11 |
| the
Department. The majority
of training must be devoted to | 12 |
| services performed under the supervision of a
licensed | 13 |
| practitioner of orthotics or prosthetics or a person | 14 |
| certified as a
Certified Orthotist (CO), Certified | 15 |
| Prosthetist (CP), or Certified Prosthetist
Orthotist (CPO) | 16 |
| whose certification was obtained before the effective date | 17 |
| of
this Act;
| 18 |
| (4) pass all written, practical, and oral examinations | 19 |
| that are required
and approved by the Department; and
| 20 |
| (5) be qualified to practice in accordance with | 21 |
| internationally
accepted standards of orthotic and | 22 |
| prosthetic care.
| 23 |
| (b) To qualify for a license to practice pedorthics, a | 24 |
| person shall:
| 25 |
| (1) submit proof of possess a high school diploma or | 26 |
| its equivalent;
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| (2) have completed the amount of formal training, | 2 |
| including, but
not limited to, any hours of classroom | 3 |
| education and clinical practice
established and approved | 4 |
| by the Department;
| 5 |
| (3) complete a qualified work experience program or | 6 |
| internship
in pedorthics in accordance with any standards, | 7 |
| guidelines, or procedures
established and approved by the | 8 |
| Department;
| 9 |
| (4) pass all examinations that are required and | 10 |
| approved by the
Department; and
| 11 |
| (5) be qualified to practice in accordance with | 12 |
| nationally
accepted standards of pedorthic care.
| 13 |
| (c) The standards and requirements for licensure | 14 |
| established by the
Department shall be substantially equal to | 15 |
| or in excess of standards commonly
accepted
in the profession | 16 |
| of orthotics, prosthetics, or pedorthics. The Department
shall | 17 |
| adopt
rules as necessary to set the standards and requirements.
| 18 |
| (d) A person may be licensed in more than one discipline.
| 19 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 20 |
| (225 ILCS 84/57)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 57. Limitation on provision of care and services. A
| 23 |
| licensed orthotist or pedorthist may provide care or services | 24 |
| only if the care
or services are provided pursuant to an order | 25 |
| from a licensed physician ,
or podiatrist , or advanced practice |
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| nurse . A licensed prosthetist may provide care or
services only | 2 |
| if the care or services are provided pursuant to an order from | 3 |
| a
licensed physician or advanced practice nurse .
| 4 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 5 |
| (225 ILCS 84/60)
| 6 |
| (Section scheduled to be repealed on January 1, 2010)
| 7 |
| Sec. 60. Renewal; restoration; military service ; inactive | 8 |
| status .
| 9 |
| (a) The expiration date and renewal period for each license | 10 |
| issued under
this
Act shall be set by rule of the Department. | 11 |
| The Board shall establish
continuing
education requirements | 12 |
| for the renewal of a license. These requirements shall
be based
| 13 |
| on established standards of competence.
| 14 |
| (b) A person who has permitted his or her license to expire | 15 |
| or who has had
his
or her license on inactive status may have | 16 |
| his or her license restored by
(i) making
application to the | 17 |
| Department, (ii) filing proof acceptable to the Department
of | 18 |
| his or her
fitness to have his or her license restored | 19 |
| including, but not limited to,
sworn
evidence
certifying to | 20 |
| active practice in another jurisdiction satisfactory to the
| 21 |
| Department, and (iii)
paying the required restoration fee. If | 22 |
| the person has not maintained an
active
practice in another | 23 |
| jurisdiction satisfactory to the Department, the Board
shall
| 24 |
| determine, by an evaluation program established by rule, his or | 25 |
| her fitness to
resume
active status and may require the person |
|
|
|
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| 1 |
| to complete a period of evaluated
clinical
experience and may | 2 |
| require successful completion of an examination.
| 3 |
| (c) A person whose license expired while he or she was (i) | 4 |
| in federal
service on active duty within the armed forces of | 5 |
| the United States or with the
State
militia called into service | 6 |
| or training or (ii) in training or education under
the
| 7 |
| supervision of the United States preliminary to induction into | 8 |
| military
service may
have his or her license renewed or | 9 |
| restored without paying a lapsed renewal fee
if,
within 2 years | 10 |
| after termination from the service, training, or education
| 11 |
| except under
conditions other than honorable, he or she | 12 |
| furnished the Department with
satisfactory
evidence that he or | 13 |
| she has been so engaged and that his or her service,
training, | 14 |
| or education has been terminated.
| 15 |
| (d) A person who notifies the Department
in writing on | 16 |
| forms prescribed by the Department may elect to place his or | 17 |
| her
license
on inactive status and shall, subject to rules of | 18 |
| the Department, be excused
from
payment of renewal fees until | 19 |
| he or she notifies the Department in writing of
his or her
| 20 |
| desire to resume active status. | 21 |
| A person requesting restoration from inactive status shall | 22 |
| be required to pay
the current renewal fee and shall be | 23 |
| required to restore his or her license as
provided in | 24 |
| subsection (b). | 25 |
| An orthotist, prosthetist, or pedorthist whose license is | 26 |
| on inactive
status
shall not practice orthotics, prosthetics, |
|
|
|
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|
| 1 |
| or pedorthics in this State. | 2 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 3 |
| (225 ILCS 84/70)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 70. Endorsement. The Department may, at its | 6 |
| discretion, license as
either an orthotist,
prosthetist, or | 7 |
| pedorthist, without examination and on payment of the required
| 8 |
| fee,
an applicant who is an orthotist, prosthetist, or | 9 |
| pedorthist who is (i)
licensed under the
laws of another state, | 10 |
| territory, or country, if the requirements for licensure
in | 11 |
| that state,
territory, or country in which the applicant was | 12 |
| licensed were, at the date of
his or her
licensure, | 13 |
| substantially equal to the requirements in force in this State | 14 |
| on
that date or (ii)
certified by a national certification | 15 |
| organization with educational and testing
standards as set | 16 |
| forth by rule
equal to or more stringent than the licensing | 17 |
| requirements of this State .
| 18 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 19 |
| (225 ILCS 84/77 new) | 20 |
| Sec. 77. Returned checks; fines. Any person who delivers a | 21 |
| check or other payment to the Department that is returned to | 22 |
| the Department unpaid by the financial institution upon which | 23 |
| it is drawn shall pay to the Department, in addition to the | 24 |
| amount already owned to the Department, a fine of $50. The |
|
|
|
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|
| 1 |
| fines imposed by this Section are in addition to any other | 2 |
| discipline provided under this Act for unlicensed practice or | 3 |
| practice on a non-renewed license. The Department shall notify | 4 |
| the person that payment of fees and fines shall be paid to the | 5 |
| Department by certified check or money order within 30 days of | 6 |
| the notification. If the person has failed to submit the | 7 |
| necessary remittance within 30 days of the notification, the | 8 |
| Department shall automatically terminate the license or deny | 9 |
| the application without a hearing. If the person seeks a | 10 |
| license after the termination or denial of his or her license, | 11 |
| he or she shall apply to the Department for restoration or | 12 |
| issuance of the license and pay all fees and fines due to the | 13 |
| Department. The Department may establish a fee for the | 14 |
| processing of an application for restoration of a license to | 15 |
| pay all expenses of processing this application. The Secretary | 16 |
| may waive the fines due under this Section in individual cases | 17 |
| when the fines would be unreasonable or unnecessarily | 18 |
| burdensome.
| 19 |
| (225 ILCS 84/80)
| 20 |
| (Section scheduled to be repealed on January 1, 2010)
| 21 |
| Sec. 80. Roster of licensees and registrants. The | 22 |
| Department shall
maintain a current roster of the names and | 23 |
| addresses of all licensees,
registrants, and all
persons whose | 24 |
| licenses have been suspended , or revoked , or otherwise | 25 |
| disciplined within the previous year .
This
roster shall be |
|
|
|
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|
| 1 |
| available upon written request and payment of the required fee.
| 2 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 3 |
| (225 ILCS 84/85)
| 4 |
| (Section scheduled to be repealed on January 1, 2010)
| 5 |
| Sec. 85. Practice by corporations. Nothing in this Act | 6 |
| shall restrict
licensees from forming professional service | 7 |
| corporations under and in accordance with the provisions
of the
| 8 |
| Professional Service Corporation Act.
| 9 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 10 |
| (225 ILCS 84/90)
| 11 |
| (Section scheduled to be repealed on January 1, 2010)
| 12 |
| Sec. 90. Grounds for discipline.
| 13 |
| (a) The Department may refuse to issue or renew a license, | 14 |
| or may revoke or
suspend a license, or may suspend, place on | 15 |
| probation, censure, or reprimand a
licensee , or take any other | 16 |
| disciplinary or non-disciplinary action as the Department may | 17 |
| deem proper, including imposing fines not to exceed $10,000 for | 18 |
| each violation,
for one or any combination of the following:
| 19 |
| (1) Making a material misstatement in furnishing | 20 |
| information to the
Department or the Board.
| 21 |
| (2) Violations of or negligent or intentional | 22 |
| disregard of this Act or
its rules.
| 23 |
| (3) Conviction of, or entry of a plea of guilty or nolo | 24 |
| contendre to, any crime that is a felony under the laws of |
|
|
|
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|
| 1 |
| the United States or any state or territory thereof or that | 2 |
| is a misdemeanor of which an essential element is | 3 |
| dishonesty, or any crime that is directly related to the | 4 |
| practice of the profession. Conviction of any crime that | 5 |
| under the laws of the United
States or of a state or | 6 |
| territory of the United States is a felony or a
| 7 |
| misdemeanor, an essential element of which is dishonesty, | 8 |
| or of a crime that
is directly related to the practice of | 9 |
| the profession.
| 10 |
| (4) Making a misrepresentation for the purpose of | 11 |
| obtaining a
license.
| 12 |
| (5) A pattern of practice or other behavior that | 13 |
| demonstrates incapacity
or incompetence to practice under | 14 |
| this Act.
| 15 |
| (6) Gross or repeated negligence under this Act.
| 16 |
| (7) Aiding or assisting another person in violating a | 17 |
| provision of
this Act or its rules.
| 18 |
| (8) Failing to provide information within 60 days in | 19 |
| response to a
written request made by the Department.
| 20 |
| (9) Engaging in dishonorable, unethical, or | 21 |
| unprofessional conduct
or conduct of a character likely to | 22 |
| deceive, defraud, or harm the public.
| 23 |
| (10) Inability to practice with reasonable judgment, | 24 |
| skill or safety as a result of habitual or excessive use or | 25 |
| addiction to alcohol, narcotics, stimulants or any other | 26 |
| chemical agent or drug Habitual intoxication or addiction |
|
|
|
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|
| 1 |
| to the use of drugs .
| 2 |
| (11) Discipline by another state or territory of the | 3 |
| United States, the
federal government, or foreign nation, | 4 |
| if at least one of the grounds for the
discipline is the | 5 |
| same or substantially equivalent to one set forth in this
| 6 |
| Section.
| 7 |
| (12) Directly or indirectly giving to or receiving from | 8 |
| a person,
firm, corporation, partnership, or association a | 9 |
| fee, commission, rebate, or
other form of compensation for | 10 |
| professional services not actually or
personally rendered.
| 11 |
| (13) A finding by the Board that the licensee or | 12 |
| registrant, after
having his or her license placed on | 13 |
| probationary status, has violated the terms
of probation.
| 14 |
| (14) Abandonment of a patient or client.
| 15 |
| (15) Wilfully making or filing false records or reports | 16 |
| in his or her
practice including, but not limited to, false | 17 |
| records filed with State agencies
or departments.
| 18 |
| (16) Wilfully failing to report an instance of | 19 |
| suspected child abuse
or neglect as required by the Abused | 20 |
| and Neglected Child Reporting Act.
| 21 |
| (17) Inability to practice the profession with | 22 |
| reasonable judgment, skill, or safety as a result of a | 23 |
| physical illness, including but not limited to | 24 |
| deterioration due to the aging process or loss of motor | 25 |
| skill, or a mental illness or disability. Physical illness | 26 |
| including, but not limited to, deterioration
through the |
|
|
|
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|
| 1 |
| aging process or loss of motor skill that results in the
| 2 |
| inability
to practice the profession with reasonable | 3 |
| judgement, skill, or safety.
| 4 |
| (18) Solicitation of professional services using false | 5 |
| or misleading
advertising.
| 6 |
| (19) Failure to file a return, pay the tax, penalty, or | 7 |
| interest shown in a filed return, or pay any final | 8 |
| assessment of tax, penalty, or interest as required by any | 9 |
| tax Act administered by the Department of Revenue, until | 10 |
| such time as the requirements of the tax Act are satisfied | 11 |
| in accordance with subsection (g) of Section 15 of the | 12 |
| Department of Professional Regulation Law of the Civil | 13 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15). | 14 |
| (b) The determination by a circuit court that a licensee or | 15 |
| registrant is
subject
to involuntary admission or judicial | 16 |
| admission, as provided in the Mental
Health and
Developmental | 17 |
| Disabilities Code, operates as an automatic suspension. The
| 18 |
| suspension
will end only upon (i) a finding by a court that the | 19 |
| patient is no longer
subject to
involuntary admission or | 20 |
| judicial admission and the issuance of a court
order so finding
| 21 |
| and discharging the patient and (ii) the recommendation of the | 22 |
| Board to
the
Director that the licensee or registrant be | 23 |
| allowed to resume his or her
practice.
| 24 |
| (c) In enforcing this Section, the Department or Board upon | 25 |
| a showing of a
possible violation may compel an individual | 26 |
| licensed to practice under this
Act, or who
has applied for |
|
|
|
HB1359 |
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|
| 1 |
| licensure under this Act, to submit to a mental or physical
| 2 |
| examination, or
both, as required by and at the expense of the | 3 |
| Department. The Department or
Board may
order the examining | 4 |
| physician to present testimony concerning the mental or
| 5 |
| physical
examination of the licensee or applicant. No | 6 |
| information shall be excluded by
reason of
any common law or | 7 |
| statutory privilege relating to communications between the
| 8 |
| licensee
or applicant and the examining physician. The | 9 |
| examining physicians shall be
specifically
designated by the | 10 |
| Board or Department. The individual to be examined may have,
at | 11 |
| his
or her own expense, another physician of his or her choice | 12 |
| present during all aspects of
this examination. The examination | 13 |
| shall be performed by a physician licensed
to practice
medicine | 14 |
| in all its branches. Failure of an individual to submit to a | 15 |
| mental
or physical
examination, when directed, shall be grounds | 16 |
| for suspension of his or her
license until the
individual | 17 |
| submits to the examination if the Department finds, after | 18 |
| notice and
hearing,
that the refusal to submit to the | 19 |
| examination was without reasonable cause.
| 20 |
| If the Department or Board finds an individual unable to | 21 |
| practice because of
the
reasons set forth in this Section, the | 22 |
| Department or Board may require that
individual to
submit to | 23 |
| care, counseling, or treatment by physicians approved or | 24 |
| designated
by the
Department or Board, as a condition, term, or | 25 |
| restriction for continued,
reinstated, or
renewed licensure to | 26 |
| practice; or, in lieu of care, counseling, or treatment,
the |
|
|
|
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|
| 1 |
| Department
may file, or the Board may recommend to the | 2 |
| Department to file, a complaint to
immediately suspend, revoke, | 3 |
| or otherwise discipline the license of the
individual. An
| 4 |
| individual whose license was granted, continued, reinstated, | 5 |
| renewed,
disciplined or
supervised subject to such terms, | 6 |
| conditions, or restrictions, and who fails to
comply with
such | 7 |
| terms, conditions, or restrictions, shall be referred to the | 8 |
| Director for
a determination
as to whether the individual shall | 9 |
| have his or her license suspended
immediately, pending
a | 10 |
| hearing by the Department.
| 11 |
| In instances in which the Director immediately suspends a | 12 |
| person's license
under
this Section, a hearing on that person's | 13 |
| license must be convened by the
Department
within 30 15 days | 14 |
| after the suspension and completed without appreciable delay.
| 15 |
| The
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 |
| (d) The Department shall deny a license or renewal | 26 |
| authorized by this Act to a person who has defaulted on an |
|
|
|
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|
| 1 |
| educational loan or scholarship provided or guaranteed by the | 2 |
| Illinois Student Assistance Commission or any governmental | 3 |
| agency of this State in accordance with subdivision (a)(5) of | 4 |
| Section 15 of the Department of Professional Regulation Law of | 5 |
| the Civil Administrative Code of Illinois (20 ILCS | 6 |
| 2105/2105-15). | 7 |
| (e) In cases where the Department of Healthcare and Family | 8 |
| Services (formerly the Department of Public Aid) has previously | 9 |
| determined that a licensee or a potential licensee is more than | 10 |
| 30 days delinquent in the payment of child support and has | 11 |
| subsequently certified the delinquency to the Department, the | 12 |
| Department may refuse to issue or renew or may revoke or | 13 |
| suspend that person's license or may take other disciplinary | 14 |
| action against that person based solely upon the certification | 15 |
| of delinquency made by the Department of Healthcare and Family | 16 |
| Services in accordance with subdivision (a)(5) of Section 15 of | 17 |
| the Department of Professional Regulation Law of the Civil | 18 |
| Administrative Code of Illinois (20 ILCS 2105/2105-15). | 19 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 20 |
| (225 ILCS 84/100)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 100. Investigations; notice and hearing. The | 23 |
| Department may
investigate the actions of an applicant or of a | 24 |
| person or persons holding or
claiming to
hold a license. Before | 25 |
| refusing to issue or renew a license, the Department
shall, at
|
|
|
|
HB1359 |
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|
| 1 |
| least 30 10 days prior to the date set for the hearing, notify | 2 |
| in writing the
applicant for or
holder of a license of the | 3 |
| nature of the charges and that a hearing will be
held on the
| 4 |
| date designated. The written notice may be served by personal | 5 |
| delivery or by
certified
or registered mail to the respondent | 6 |
| at the address of record with disclosed on his or her
last | 7 |
| notification to the
Department. At the time and place fixed in | 8 |
| the notice, the Board shall proceed
to hear
the charges. The | 9 |
| parties or their counsel shall be afforded ample opportunity
to
| 10 |
| present statements, testimony, evidence, and argument that may | 11 |
| be pertinent to
the
charges or to the defense to the charges. | 12 |
| The Board may continue the hearing
from
time to time.
| 13 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 14 |
| (225 ILCS 84/103 new) | 15 |
| Sec. 103. Subpoenas; depositions; oaths. The Department | 16 |
| has the power to subpoena documents, books, records, or other | 17 |
| materials and to bring before it any person to take testimony | 18 |
| either orally or by deposition, or both, with the same fees and | 19 |
| mileage and in the same manner as prescribed in civil cases in | 20 |
| the courts of this State. | 21 |
| The Secretary, the designated hearing officer, and every | 22 |
| member of the Board has the power to administer oaths to | 23 |
| witnesses at any hearing that the Department is authorized to | 24 |
| conduct, and any other oaths authorized in any Act administered | 25 |
| by the Department.
|
|
|
|
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|
| 1 |
| (225 ILCS 84/105)
| 2 |
| (Section scheduled to be repealed on January 1, 2010)
| 3 |
| Sec. 105. Record of proceedings; transcript Transcript . | 4 |
| The Department, at its own expense, shall preserve
a
record of | 5 |
| all proceedings at the formal hearing of any a case involving | 6 |
| the refusal
to issue or
renew a license . The notice of hearing, | 7 |
| complaint, and all other documents in
the nature
of pleadings | 8 |
| and written motions filed in the proceedings, the transcripts | 9 |
| transcript of
testimony,
the report of the Board, and orders of | 10 |
| the Department shall be in the record of
the
proceeding.
| 11 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 12 |
| (225 ILCS 84/107 new) | 13 |
| Sec. 107. Unlicensed practice; civil penalty. | 14 |
| (a) Any person who practices, offers to practice, attempts | 15 |
| to practice, or holds himself or herself out to practice | 16 |
| orthotics, prosthetics, or pedorthics, or performs the | 17 |
| functions and duties of an orthotist, prosthetist, or | 18 |
| pedorthist without being licensed under this Act shall, in | 19 |
| addition to any other penalty provided by law, pay a civil | 20 |
| penalty to the Department in an amount not to exceed $10,000 | 21 |
| for each offense as determined by the Department. The civil | 22 |
| penalty shall be assessed by the Department after a hearing is | 23 |
| held in accordance with the provisions set forth in this Act | 24 |
| regarding the provision of a hearing for the discipline of a |
|
|
|
HB1359 |
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LRB096 08529 ASK 18650 b |
|
| 1 |
| licensee. | 2 |
| (b) The Department has the authority and power to | 3 |
| investigate any and all unlicensed activity. | 4 |
| (c) The civil penalty shall be paid within 60 days after | 5 |
| the effective date of the order imposing the civil penalty. The | 6 |
| order shall constitute a judgment and may be filed and | 7 |
| execution had thereon in the same manner as any judgment from | 8 |
| any court of record.
| 9 |
| (225 ILCS 84/130)
| 10 |
| (Section scheduled to be repealed on January 1, 2010)
| 11 |
| Sec. 130. Appointment of hearing officer. The Director | 12 |
| shall have the
authority to appoint an attorney licensed to | 13 |
| practice law in the State of Illinois to serve
as a hearing | 14 |
| officer in an action for refusal to issue or renew a license or | 15 |
| to discipline a
licensee. The hearing officer shall have full | 16 |
| authority to conduct the hearing. The
hearing officer shall | 17 |
| report his or her findings and recommendations to the
Board and
| 18 |
| the Director. The Board shall have 60 days from receipt of the | 19 |
| report to review
the
report of the hearing officer and present | 20 |
| its findings of fact, conclusions of
law, and
recommendations | 21 |
| to the Director. If the Board fails to present its report
| 22 |
| within the 60-day period, the Director shall issue an order | 23 |
| based on the report
of the hearing officer.
If the Director | 24 |
| determines that the Board's report is contrary to the manifest
| 25 |
| weight of
the evidence, he or she may issue an order in |
|
|
|
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LRB096 08529 ASK 18650 b |
|
| 1 |
| contravention of the Board's
report. Nothing in this Section | 2 |
| shall prohibit a Board member from attending an informal | 3 |
| conference and such participation shall not be grounds for | 4 |
| recusal from any other proceeding.
| 5 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 6 |
| (225 ILCS 84/150)
| 7 |
| (Section scheduled to be repealed on January 1, 2010)
| 8 |
| Sec. 150. Temporary suspension of a license. The Director | 9 |
| may
temporarily suspend the license of an orthotist, | 10 |
| prosthetist, or pedorthist
without a
hearing simultaneously | 11 |
| with the institution of proceedings for a hearing
provided for | 12 |
| in
Section 95 of this Act if the Director finds that evidence | 13 |
| in his or her
possession
indicates that a licensee's | 14 |
| continuation in practice would constitute an
imminent danger
to | 15 |
| the public. If the Director temporarily suspends a license | 16 |
| without a
hearing, a
hearing by the Board must be held within | 17 |
| 30 days after the suspension and completed without appreciable | 18 |
| delay .
| 19 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 20 |
| (225 ILCS 84/160)
| 21 |
| (Section scheduled to be repealed on January 1, 2010)
| 22 |
| Sec. 160. Certifications of record; costs. The Department | 23 |
| shall not be
required to certify any record to the court or | 24 |
| file any answer in court or
otherwise
appear in any court in a |
|
|
|
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LRB096 08529 ASK 18650 b |
|
| 1 |
| judicial review proceeding unless there is filed in
the court
| 2 |
| with the complaint a receipt from the Department acknowledging | 3 |
| payment of the
costs
of furnishing and certifying the record, | 4 |
| in an amount which shall be determined by the Department | 5 |
| computed at the rate of
20 cents
per page of the record . | 6 |
| Failure on the part of a plaintiff to file a receipt
in court | 7 |
| shall be
grounds for dismissal of the action.
| 8 |
| (Source: P.A. 91-590, eff. 1-1-00.)
| 9 |
| (225 ILCS 84/55 rep.)
| 10 |
| (225 ILCS 84/56 rep.)
| 11 |
| 225 ILCS 84/65 rep. | 12 |
| Section 10. The Orthotics, Prosthetics, and Pedorthics | 13 |
| Practice Act is amended by repealing Sections 55, 56, and 65.
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|
|
|
HB1359 |
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LRB096 08529 ASK 18650 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 84/10 |
|
| 4 |
| 225 ILCS 84/15 |
|
| 5 |
| 225 ILCS 84/20 |
|
| 6 |
| 225 ILCS 84/25 |
|
| 7 |
| 225 ILCS 84/40 |
|
| 8 |
| 225 ILCS 84/57 |
|
| 9 |
| 225 ILCS 84/60 |
|
| 10 |
| 225 ILCS 84/70 |
|
| 11 |
| 225 ILCS 84/77 new |
|
| 12 |
| 225 ILCS 84/80 |
|
| 13 |
| 225 ILCS 84/85 |
|
| 14 |
| 225 ILCS 84/90 |
|
| 15 |
| 225 ILCS 84/100 |
|
| 16 |
| 225 ILCS 84/103 new |
|
| 17 |
| 225 ILCS 84/105 |
|
| 18 |
| 225 ILCS 84/107 new |
|
| 19 |
| 225 ILCS 84/130 |
|
| 20 |
| 225 ILCS 84/150 |
|
| 21 |
| 225 ILCS 84/160 |
|
| 22 |
| 225 ILCS 84/55 rep. |
|
| 23 |
| 225 ILCS 84/56 rep. |
|
| 24 |
| 225 ILCS 84/65 rep. |
|
| |
|