Full Text of SB2240 94th General Assembly
SB2240 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2240
Introduced 1/11/2006, by Sen. Carol Ronen SYNOPSIS AS INTRODUCED: |
|
225 ILCS 90/17 |
from Ch. 111, par. 4267 |
|
Amends the Illinois Physical Therapy Act. Removes having treated
ailments of human beings as a licensed physical therapist independent of a
documented referral or a documented current and relevant diagnosis from a
physician, dentist, advanced practice nurse, physician assistant, or podiatrist, and having failed to notify the
physician, dentist, advanced practice nurse, physician assistant, or podiatrist who established a documented current and
relevant diagnosis that the patient is receiving physical therapy pursuant
to that diagnosis from the list of occurrences upon which the Department of Financial and Professional Regulation may base the decision to take disciplinary action. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB2240 |
|
LRB094 15593 RAS 50798 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Physical Therapy Act is amended by | 5 |
| changing Section 17 as follows:
| 6 |
| (225 ILCS 90/17) (from Ch. 111, par. 4267)
| 7 |
| (Section scheduled to be repealed on January 1, 2016)
| 8 |
| Sec. 17. (1) The Department may refuse to issue or to | 9 |
| renew, or may
revoke, suspend, place on probation, reprimand, | 10 |
| or
take other disciplinary action as the Department deems | 11 |
| appropriate,
including the issuance of fines not to exceed | 12 |
| $5000, with regard to a
license for any one or a combination of | 13 |
| the following:
| 14 |
| A. Material misstatement in furnishing information to | 15 |
| the Department
or otherwise making misleading, deceptive, | 16 |
| untrue, or fraudulent
representations in violation of this | 17 |
| Act or otherwise in the practice of
the profession;
| 18 |
| B. Violations of this Act, or of
the rules or | 19 |
| regulations promulgated hereunder;
| 20 |
| C. Conviction of any crime under the laws of the United | 21 |
| States or any
state or territory thereof which is a felony | 22 |
| or which is a misdemeanor,
an essential element of which is | 23 |
| dishonesty, or of any crime which is directly
related to | 24 |
| the practice of the profession; conviction, as used in this
| 25 |
| paragraph, shall include a finding or verdict of guilty, an | 26 |
| admission of
guilt or a plea of nolo contendere;
| 27 |
| D. Making any misrepresentation for the purpose of | 28 |
| obtaining licenses,
or violating any provision of this Act | 29 |
| or the rules promulgated thereunder
pertaining to | 30 |
| advertising;
| 31 |
| E. A pattern of practice or other behavior which | 32 |
| demonstrates incapacity
or incompetency to practice under |
|
|
|
SB2240 |
- 2 - |
LRB094 15593 RAS 50798 b |
|
| 1 |
| this Act;
| 2 |
| F. Aiding or assisting another person in violating any
| 3 |
| provision of this Act or Rules;
| 4 |
| G. Failing, within 60 days, to provide information in | 5 |
| response to a written
request made by the Department;
| 6 |
| H. Engaging in dishonorable, unethical or | 7 |
| unprofessional conduct of a
character likely to deceive, | 8 |
| defraud or harm the public. Unprofessional
conduct shall | 9 |
| include any departure from or the failure to conform to the
| 10 |
| minimal standards of acceptable and prevailing physical | 11 |
| therapy practice,
in which proceeding actual injury to a | 12 |
| patient need not be established;
| 13 |
| I. Unlawful distribution of any drug or narcotic, or | 14 |
| unlawful
conversion of any drug or narcotic not belonging | 15 |
| to the person for such
person's own use or benefit or for | 16 |
| other than medically accepted
therapeutic purposes;
| 17 |
| J. Habitual or excessive use or addiction to alcohol, | 18 |
| narcotics,
stimulants, or any other chemical agent or drug | 19 |
| which results in a physical
therapist's or physical | 20 |
| therapist assistant's
inability to practice with | 21 |
| reasonable judgment, skill or safety;
| 22 |
| K. Revocation or suspension of a license to practice | 23 |
| physical therapy
as a physical therapist or physical | 24 |
| therapist assistant or the taking
of other disciplinary | 25 |
| action by the proper licensing authority of
another state, | 26 |
| territory or country;
| 27 |
| L. Directly or indirectly giving to or receiving from | 28 |
| any person, firm,
corporation, partnership or association | 29 |
| any fee, commission, rebate or other
form of compensation | 30 |
| for any professional services not actually or
personally | 31 |
| rendered. Nothing contained in this paragraph prohibits | 32 |
| persons holding valid and current licenses under this Act | 33 |
| from practicing physical therapy in partnership under a | 34 |
| partnership agreement, including a limited liability | 35 |
| partnership, a limited liability company, or a corporation | 36 |
| under the Professional Service Corporation Act or from |
|
|
|
SB2240 |
- 3 - |
LRB094 15593 RAS 50798 b |
|
| 1 |
| pooling, sharing, dividing, or apportioning the fees and | 2 |
| monies received by them or by the partnership, company, or | 3 |
| corporation in accordance with the partnership agreement | 4 |
| or the policies of the company or professional corporation;
| 5 |
| M. A finding by the Board that the licensee after | 6 |
| having his or
her license
placed on probationary status has | 7 |
| violated the terms of probation;
| 8 |
| N. Abandonment of a patient;
| 9 |
| O. Willfully failing to report an instance of suspected | 10 |
| child abuse or
neglect as required by the Abused and | 11 |
| Neglected Child Reporting Act;
| 12 |
| P. Willfully failing to report an instance of suspected | 13 |
| elder abuse or
neglect as required by the Elder Abuse | 14 |
| Reporting Act;
| 15 |
| Q. Physical illness, including but not limited to, | 16 |
| deterioration through
the aging process, or loss of motor | 17 |
| skill which results in the inability
to practice the | 18 |
| profession with reasonable judgement, skill or safety;
| 19 |
| R. The use of any words (such as physical therapy, | 20 |
| physical therapist
physiotherapy or physiotherapist), | 21 |
| abbreviations, figures or letters with
the intention of | 22 |
| indicating practice as a licensed physical therapist
| 23 |
| without a valid license as a physical therapist issued | 24 |
| under this Act;
| 25 |
| S. The use of the term physical therapist assistant, or | 26 |
| abbreviations,
figures, or letters with the intention of | 27 |
| indicating practice as a physical
therapist assistant | 28 |
| without a valid license as a physical therapist
assistant | 29 |
| issued under this Act;
| 30 |
| T. Willfully violating or knowingly assisting in the | 31 |
| violation of any
law of this State relating to the practice | 32 |
| of abortion;
| 33 |
| U. Continued practice by a person knowingly having an | 34 |
| infectious,
communicable or contagious disease;
| 35 |
| V. Having treated ailments of human beings otherwise | 36 |
| than by
the practice of physical therapy as defined in this |
|
|
|
SB2240 |
- 4 - |
LRB094 15593 RAS 50798 b |
|
| 1 |
| Act , or having treated
ailments of human beings as a | 2 |
| licensed physical therapist independent of a
documented | 3 |
| referral or a documented current and relevant diagnosis | 4 |
| from a
physician, dentist, advanced practice nurse, | 5 |
| physician assistant, or podiatrist, or having failed to | 6 |
| notify the
physician, dentist, advanced practice nurse, | 7 |
| physician assistant, or podiatrist who established a | 8 |
| documented current and
relevant diagnosis that the patient | 9 |
| is receiving physical therapy pursuant
to that diagnosis ;
| 10 |
| W. Being named as a perpetrator in an indicated report | 11 |
| by the
Department of Children and Family Services pursuant | 12 |
| to the Abused and
Neglected Child Reporting Act, and upon | 13 |
| proof by clear and convincing
evidence that the licensee | 14 |
| has caused a child to be an abused child or
neglected child | 15 |
| as defined in the Abused and Neglected Child Reporting Act;
| 16 |
| X. Interpretation of referrals, performance of | 17 |
| evaluation procedures,
planning or making major | 18 |
| modifications of patient programs by a physical
therapist | 19 |
| assistant;
| 20 |
| Y. Failure by a physical therapist assistant and | 21 |
| supervising physical
therapist to maintain continued | 22 |
| contact, including periodic personal
supervision and | 23 |
| instruction, to insure safety and welfare of patients;
| 24 |
| Z. Violation of the Health Care Worker Self-Referral | 25 |
| Act.
| 26 |
| (2) The determination by a circuit court that a licensee is | 27 |
| subject to
involuntary admission or judicial admission as | 28 |
| provided in the Mental Health
and Developmental Disabilities | 29 |
| Code operates as an automatic suspension.
Such suspension will | 30 |
| end only upon a finding by a court that the patient is
no | 31 |
| longer subject to involuntary admission or judicial admission | 32 |
| and the
issuance of an order so finding and discharging the | 33 |
| patient; and upon the
recommendation of the Board to the | 34 |
| Director that the licensee be
allowed to resume his practice.
| 35 |
| (3) The Department may refuse to issue or may suspend the | 36 |
| license of any
person who fails to file a return, or to pay the |
|
|
|
SB2240 |
- 5 - |
LRB094 15593 RAS 50798 b |
|
| 1 |
| tax, penalty or interest
shown in a filed return, or to pay any | 2 |
| final assessment of tax, penalty or
interest, as required by | 3 |
| any tax Act administered by the Illinois
Department of Revenue, | 4 |
| until such time as the requirements of any such tax
Act are | 5 |
| satisfied.
| 6 |
| (Source: P.A. 93-1010, eff. 8-24-04; 94-651, eff. 1-1-06.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.
|
|