(225 ILCS 5/1) (from Ch. 111, par. 7601)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1.
Declaration of findings and public policy.
The General
Assembly finds that athletic training in the State of
Illinois affects the public health, welfare, and safety and its regulation
and control to be in the public interest. It is further found and declared
that, as a matter of public policy in the public interest, athletic
trainers, as defined in this Act,
merit and receive the understanding and confidence of the public and, to
this end, that only qualified persons be permitted to hold themselves out to
the public as athletic trainers in the State of
Illinois. This Act shall be liberally construed to best carry out these
findings and purposes.
(Source: P.A. 84-1080 .)
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(225 ILCS 5/2) (from Ch. 111, par. 7602)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2.
Title.
This Act shall be known and may be cited as the
"Illinois Athletic Trainers Practice Act".
(Source: P.A. 84-1080 .)
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(225 ILCS 5/3) (from Ch. 111, par. 7603)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and Professional Regulation.
(2) "Secretary" means the Secretary of Financial and Professional Regulation.
(3) "Board" means the Illinois Board of Athletic Trainers appointed by the Secretary.
(4) "Licensed
athletic trainer" means a person licensed to
practice athletic training as defined in this Act and with the specific
qualifications set forth in Section 9 of this Act who, upon
the
direction or consultation of a physician,
carries out the practice of evaluation, prevention or emergency care, or
physical
reconditioning of injuries incurred by athletes conducted by an educational institution,
professional athletic organization, sanctioned amateur athletic
organization, performing arts setting, clinical setting, or employment setting employing the athletic trainer; or a person who, under the
direction of a physician, carries out comparable functions for a health
organization-based extramural program of athletic training services for
athletes. Specific duties of the athletic trainer include, but are not limited
to:
A. Supervision of the selection, fitting, and | ||
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B. Provision of assistance to the coaching staff in | ||
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C. Counseling of athletes on nutrition and hygiene;
D. Supervision of athletic training facility and | ||
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E. Selection and maintenance of athletic training | ||
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F. (Blank);
G. Coordination with a physician to provide:
(i) pre-competition physical exam and health | ||
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(ii) game coverage or phone access to a physician | ||
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(iii) follow-up injury care,
(iv) reconditioning programs, and
(v) assistance on all matters pertaining to the | ||
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H. Provision of on-site injury care and evaluation as | ||
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I. With a physician, determination of when an athlete | ||
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J. Maintenance of complete and accurate records of | ||
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K. Written reports to a referring individual every 30 | ||
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To carry out these functions the athletic trainer is authorized to
utilize modalities, including, but not limited to, heat, light, sound, cold, electricity, exercise,
or mechanical devices related to
care and reconditioning. An athletic trainer may also carry out these functions upon receiving a referral. A licensed athletic trainer shall use "LAT" or "L.A.T." in connection with the athletic trainer's name to denote licensure under this Act.
(5) "Referral" means the written authorization for athletic trainer services as provided in paragraph (4)
given by a physician, physician assistant, advanced practice registered nurse, podiatric physician, or dentist, who shall maintain medical supervision of the athlete and makes a diagnosis or verifies that the patient's condition is such that it may be treated by an athletic trainer.
(6) "Aide" means a person who has received on-the-job training specific to the facility in which he or she is employed, on either a paid or volunteer basis, but is not enrolled in an accredited curriculum.
(7) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department. (8) "Board of Certification" means the Board of Certification for the Athletic Trainer. (9) "Athlete" means a person participating in an activity that requires a level of strength, endurance, flexibility, range of motion, speed, or agility which may include exercise, sports, recreation, wellness, or employment activity. (10) "Physician assistant" means a physician assistant licensed to practice under the Physician Assistant Practice Act of 1987 in accordance with a written collaborative agreement with a physician licensed to practice medicine in all of its branches. (11) "Advanced practice registered nurse" means an advanced practice registered nurse licensed to practice under the Nurse Practice Act. (Source: P.A. 102-940, eff. 1-1-23 .)
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(225 ILCS 5/4) (from Ch. 111, par. 7604)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4. Licensure; exempt activities. No
person
shall provide any of the services set forth in subsection (4) of Section 3
of this Act, or use the title "athletic trainer",
"certified athletic trainer", "athletic trainer certified", or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after the athletic trainer's name, unless licensed
under this Act.
Nothing in this Act shall be construed as preventing or restricting the
practice, services, or activities of:
(1) Any person licensed or registered in this State | ||
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(2) Any person employed as an athletic trainer by the | ||
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(3) Any person pursuing a course of study leading to | ||
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(4) (Blank).
(5) The practice of athletic training under the | ||
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(6) Any person in a coaching position from rendering | ||
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(7) Any person who is an athletic trainer from | ||
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(8) The practice of athletic training by persons | ||
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(9) The practice of athletic training by one who has | ||
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(10) The practice of athletic training by persons | ||
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(11) Aides from performing patient care activities | ||
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(12) (Blank). (Source: P.A. 102-940, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(225 ILCS 5/4.5) (Section scheduled to be repealed on January 1, 2026) Sec. 4.5. Use of dry needling. (a) For the purpose of this Act, "dry needling", also known as intramuscular therapy, means an advanced needling skill or technique limited to the treatment of myofascial pain, using a single use, single insertion, sterile filiform needle (without the use of heat, cold, or any other added modality or medication), that is inserted into the skin or underlying tissues to stimulate trigger points. Dry needling may apply theory based only upon Western medical concepts, requires an examination and diagnosis, and treats specific anatomic entities selected according to physical signs. "Dry needling" does not include the teaching or application of acupuncture described by the stimulation of auricular points, utilization of distal points or non-local points, needle retention, application of retained electric stimulation leads, or other acupuncture theory. (b) An athletic trainer licensed under this Act may only perform dry needling after completion of requirements, as determined by the Department by rule, that meet or exceed the following: (1) 50 hours of instructional courses that include, but are not limited to, studies in the musculoskeletal and neuromuscular system, the anatomical basis of pain mechanisms, chronic pain, and referred pain, myofascial trigger point theory, and universal precautions; (2) completion of at least 30 hours of didactic course work specific to dry needling; (3) successful completion of at least 54 practicum hours in dry needling course work; (4) completion of at least 200 supervised patient treatment sessions; and (5) successful completion of a competency examination. Dry needling shall only be performed by a licensed athletic trainer upon referral.
(Source: P.A. 102-307, eff. 1-1-22 .) |
(225 ILCS 5/5) (from Ch. 111, par. 7605)
(Section scheduled to be repealed on January 1, 2026)
Sec. 5. Administration of Act; rules and forms. (a) The Department shall exercise the powers and duties prescribed by the
Civil
Administrative Code of Illinois for the administration of
Licensure Acts
and shall exercise such other powers and duties necessary for effectuating
the purposes of this Act.
(b) The Secretary may promulgate rules consistent with the provisions of
this Act for the administration and enforcement thereof, and for the
payment of fees connected therewith, and may prescribe forms which shall
be issued in connection therewith. The rules may include standards and
criteria for
licensure, certification, and professional conduct and discipline. The
Department may consult with the
Board in promulgating rules.
(c) The Department may at any time seek the advice and the expert
knowledge of the Board on any matter relating to the administration of this
Act.
(d) (Blank).
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/6) (from Ch. 111, par. 7606)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Board.
The Secretary shall appoint an Illinois Board of Athletic Trainers as
follows: 7 persons who shall be appointed by and shall serve in an advisory
capacity to the Secretary. Two members must be licensed physicians in good standing in this State; 4 members
must be licensed athletic trainers in good standing, and actively engaged
in the practice or teaching of athletic training in this State; and 1 member must be a
public member who is not licensed under this Act, or a similar Act of
another jurisdiction, and is not a provider of athletic health care service.
Members shall serve 4 year terms and until their successors are appointed
and qualified. No member shall be reappointed to
the Board for more than 2 consecutive terms. Appointments to fill vacancies shall be
made in the same manner as original appointments, for the unexpired portion
of the vacated term.
The Secretary shall have the authority to remove or suspend any member of the Board for cause at any time before the expiration of his or her term. The Secretary shall be the sole arbiter of cause which
in the opinion of the Secretary reasonably justifies such termination.
The Secretary may consider the recommendation of the Board on questions
involving standards of professional conduct, discipline, and qualifications
of candidates and license holders under this Act.
Four members of the Board shall constitute a quorum. A quorum is required for all Board decisions. Members of the Board have no liability in any action based upon any disciplinary proceeding or other activity performed in good faith as a member of the Board. Members of the Board shall be reimbursed for all legitimate, necessary, and authorized expenses incurred in attending the meetings of the Board, from funds appropriated for that purpose. (Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/7) (from Ch. 111, par. 7607)
(Section scheduled to be repealed on January 1, 2026)
Sec. 7. Applications for original licensure. Applications for
original
licensure shall be made to the Department in writing on forms
prescribed by the Department and shall be accompanied by the required fee,
which shall not be returnable. Any such application shall require such
information as in the judgment of the Department will enable the
Department to pass on the qualifications of the applicant for
licensure. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/7.5) (Section scheduled to be repealed on January 1, 2026) Sec. 7.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number, which shall be retained in the Department's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal or restored license shall require the applicant's customer identification number.
(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 5/8) (from Ch. 111, par. 7608)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8. Examinations. If an applicant neglects, fails, or refuses to take an examination or
fails to pass an examination for
licensure under this Act within 3 years
after filing his or her application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure.
The Department may employ consultants for the purposes of preparing
and conducting examinations.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/9) (from Ch. 111, par. 7609)
(Section scheduled to be repealed on January 1, 2026)
Sec. 9. Qualifications for licensure. A person shall be qualified for licensure as an athletic trainer if he or she fulfills all of the following:
(a) Has graduated from a curriculum in athletic | ||
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(b) Gives proof of current certification, on the date | ||
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(b-5) Has graduated from a 4 year accredited college | ||
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(c) Has passed an examination approved by the | ||
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(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/9.5) (Section scheduled to be repealed on January 1, 2026) Sec. 9.5. Abnormal skin growth education. (a) In addition to any other requirements under this Act, the following applicants must provide proof of completion of a course approved by the Department in abnormal skin growth education, including training on identifying melanoma: (1) An applicant who submits an application for | ||
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(2) An applicant who was licensed before January 1, | ||
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(b) Nothing in this Section shall be construed to create a cause of action or any civil liabilities or to require or permit a licensee or applicant under this Act to practice medicine or otherwise practice outside of the scope of practice of a licensed athletic trainer. (c) A person licensed under this Act may refer an individual to seek care from a medical professional regarding an abnormal skin growth. Neither a person licensed under this Act who completes abnormal skin growth education as a part of the person's continuing education, nor the person's employer, shall be civilly or criminally liable for acting in good faith or failing to act on information obtained during the course of practicing in the person's profession or employment concerning potential abnormal skin growths. (Source: P.A. 103-851, eff. 8-9-24.) |
(225 ILCS 5/10) (from Ch. 111, par. 7610)
(Section scheduled to be repealed on January 1, 2026)
Sec. 10. Expiration and renewal; continuing education requirement.
The expiration date and renewal period for licenses issued under this Act shall be set by rule. As a condition for renewal of a license, licensees shall be required to complete continuing education in athletic training in accordance with rules established by the Department.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/11) (from Ch. 111, par. 7611)
(Section scheduled to be repealed on January 1, 2026)
Sec. 11. Inactive
licenses; restoration. Any athletic trainer who notifies
the Department in writing on forms prescribed by the Department, may elect
to place his or her
license on an inactive status and shall, subject
to rules of the Department, be excused from payment of renewal fees until
he or she notifies the Department in writing of his or her desire to resume
active status.
Any athletic trainer requesting restoration from inactive status shall be
required to pay the current renewal fee, shall demonstrate compliance with continuing education requirements, if any, and shall be required to
restore his or her license as provided in Section 12.
Any athletic trainer whose license is in expired or inactive status shall not practice athletic training in the State of Illinois. (Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/12) (from Ch. 111, par. 7612)
(Section scheduled to be repealed on January 1, 2026)
Sec. 12. Restoration of expired
licenses. An athletic trainer
who has permitted his
or her license
to expire or who has had his or her license on inactive status may have his or her
license restored by
making application to the Department and filing proof acceptable to the
Department of his or her fitness to have his or her
license restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying active lawful practice in another jurisdiction.
If the athletic trainer has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Department shall
determine, by an evaluation program established by rule, his or her
fitness for restoration of the license and shall establish procedures and requirements for restoration.
Any athletic trainer whose license has been expired for more than
5 years may have his or her
license restored
by making application to the Department and filing proof acceptable to
the Department of his or her fitness to have his or her
license restored, including
sworn evidence certifying to active practice in another jurisdiction and
by paying the required restoration fee.
However, any athletic trainer whose
license has expired while he or she has
been engaged (1) in the federal service in active duty with the Army of the
United States, the United States Navy, the Marine Corps, the Air Force,
the Coast Guard, or the State Militia called into the service or training
of the United States of America, or (2) in training or education under
the supervision of the United States preliminary to induction into the military
service, may have his or her license restored without paying any lapsed renewal
fees or restoration fee, if within 2 years after termination of
such service, training, or education, other than by dishonorable discharge,
he or she furnished the Department with an affidavit to the effect that he or
she has been so engaged and that his or her service, training, or education has
been so terminated.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/13) (from Ch. 111, par. 7613)
(Section scheduled to be repealed on January 1, 2026)
Sec. 13. Endorsement. The Department may, at its discretion, license as an athletic trainer, without examination, on payment of the required
fee, an
applicant for licensure who is an athletic trainer
registered or licensed under the laws of another jurisdiction if the requirements
pertaining to
athletic trainers in such jurisdiction were at the date of his or her registration
or licensure substantially equal to the requirements in force in Illinois on
that date or equivalent to the requirements of this Act.
An applicant for endorsement who has practiced for 10 consecutive years in another jurisdiction shall meet the requirements for licensure by endorsement upon filing an application on forms provided by the Department, paying the required fee, and showing proof of licensure in another jurisdiction for at least 10 consecutive years without discipline by certified verification of licensure from the jurisdiction in which the applicant practiced. Applicants have 3 years from the date of application to complete the
application process. If the process has not been completed in 3
years, the application shall be denied, the fee forfeited and the
applicant must reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 102-940, eff. 1-1-23 .)
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(225 ILCS 5/14) (from Ch. 111, par. 7614)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14. Fees; returned checks. The fees for administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration shall be set by rule. The fees shall be non-refundable.
Any person who delivers a check or other payment to the Department that
is returned to the Department unpaid by the financial institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50.
The fines imposed by this Section are in addition
to any other discipline provided under this Act for unlicensed
practice or practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the Department
by certified check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or certificate or deny
the application, without hearing. If, after termination or denial, the
person seeks a license or certificate, he or she shall apply to the
Department for restoration or issuance of the license or certificate and
pay all fees and fines due to the Department. The Department may establish
a fee for the processing of an application for restoration of a license or
certificate to pay all expenses of processing this application. The Secretary
may waive the fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/15) (from Ch. 111, par. 7615)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15.
Roster of
licensees. The Department shall maintain a roster
of the names and addresses of all
licensees and of all persons whose
license
has been suspended or revoked within the previous year. This roster shall
be available upon written request and payment of the required fee.
(Source: P.A. 89-216, eff. 1-1-96 .)
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(225 ILCS 5/16) (from Ch. 111, par. 7616)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16. Grounds for discipline. (1) The
Department may refuse to issue or renew, or may revoke, suspend,
place on probation, reprimand, or take other disciplinary
action as the Department may deem proper, including fines not to exceed $10,000
for each violation, with regard to any licensee for any one or
combination of the following:
(A) Material misstatement in furnishing information | ||
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(B) Violations of this Act, or of the rules or | ||
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(C) Conviction of or plea of guilty to any crime | ||
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(D) Fraud or any misrepresentation in applying for or | ||
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(E) Professional incompetence or gross negligence;
(F) Malpractice;
(G) Aiding or assisting another person, firm, | ||
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(H) Failing, within 60 days, to provide information | ||
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(I) Engaging in dishonorable, unethical, or | ||
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(J) Habitual or excessive use or abuse of drugs | ||
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(K) Discipline by another state, unit of government, | ||
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(L) Directly or indirectly giving to or receiving | ||
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(M) A finding by the Department that the licensee | ||
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(N) Abandonment of an athlete;
(O) Willfully making or filing false records or | ||
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(P) Willfully failing to report an instance of | ||
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(Q) Physical illness, including but not limited to | ||
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(R) Solicitation of professional services other than | ||
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(S) The use of any words, abbreviations, figures or | ||
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(T) The evaluation or treatment of ailments of human | ||
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(U) Willfully violating or knowingly assisting in the | ||
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(V) Willfully violating or knowingly assisting in the | ||
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(W) Continued practice by a person knowingly having | ||
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(X) Being named as a perpetrator in an indicated | ||
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(X-5) Failure to provide a monthly report on the | ||
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(Y) (Blank);
(Z) Failure to fulfill continuing education | ||
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(AA) Allowing one's license under this Act to be used | ||
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(BB) Practicing under a false or, except as provided | ||
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(CC) Promotion of the sale of drugs, devices, | ||
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(DD) Gross, willful, or continued overcharging for | ||
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(EE) Mental illness or disability that results in the | ||
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(FF) Cheating on or attempting to subvert the | ||
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(GG) Violation of the Health Care Worker | ||
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(HH) Failure by a supervising athletic trainer of an | ||
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All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine. (2) The determination by a circuit court that a
licensee is subject to
involuntary admission or judicial admission as provided in the Mental Health
and Developmental Disabilities Code operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial
admission and issuance of an order so finding and discharging the licensee.
(3) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure, the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied in accordance with subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (4) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is licensed under this Act or any individual who has applied for licensure to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing. The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to submit to a mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing, until such time as the individual submits to the examination. If the Department finds a licensee unable to practice because of the reasons set forth in this Section, the Department shall require the licensee to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed licensure. When the Secretary immediately suspends a license under this Section, a hearing upon such person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records. Individuals licensed under this Act who are affected under this Section shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license. (5) (Blank). (6) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. (Source: P.A. 102-940, eff. 1-1-23 .)
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(225 ILCS 5/16.5) (Section scheduled to be repealed on January 1, 2026) Sec. 16.5. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13 .) |
(225 ILCS 5/17) (from Ch. 111, par. 7617)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. Violations; injunction; cease and desist order. (a) If
any person violates a provision of this Act, the Secretary may, in the
name of the People of the State of Illinois, through the Attorney General
of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the filing of a
verified petition in such court, the court may issue a temporary
restraining order, without notice or bond, and may preliminarily and
permanently enjoin such violation, and if it is established that such
person has violated or is violating the injunction,
the court may punish the offender for contempt of court. Proceedings under
this Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If any person shall hold himself or herself out in a manner prohibited by this Act,
any interested party or any person injured
thereby may, in addition to the Secretary, petition for relief as provided
in subsection (a) of this Section.
(c) Whenever in the opinion of the Department any person violates any
provision of this Act, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against him or her. The rule
shall clearly set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the satisfaction
of the Department shall cause an order to cease and desist to be issued forthwith.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/17.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17.5. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice as a licensed athletic trainer without being
licensed
under this Act shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each offense as determined by
the Department. The civil penalty shall be assessed by the Department after a
hearing is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to investigate any and all
unlicensed activity.
(c) The civil penalty shall be paid within 60 days after the effective date
of the order imposing the civil penalty or in accordance with the order imposing the civil penalty. The order shall constitute a judgment
and may be filed and execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/18) (from Ch. 111, par. 7618)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18. Investigations; notice and hearing. The Department may
investigate the actions of any applicant or of any person or persons
holding or claiming to hold a
license. The Department shall, before
refusing to issue or to renew a
license or disciplining a registrant,
at least 30 days prior to the date set for the hearing, notify in
writing
the applicant or licensee of the nature of the
charges and the time and place that a hearing will be held on the charges.
The Department shall direct the applicant or licensee to file a written
answer under oath within 20 days after the service of the
notice.
In case the person fails to file an answer after receiving notice, his or
her license or certificate may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the Department may
take whatever disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the imposition of a
fine, without a hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
At
the time and place fixed in the notice, the Department shall proceed to hear the
charges, and the parties or their counsel shall be accorded ample
opportunity to present such statements, testimony, evidence, and argument
as may be pertinent to the charges or to their defense. The Department
may continue a hearing from time to time. The written notice and any notice in the subsequent proceeding may be served by registered or certified mail to the licensee's address of record.
(Source: P.A. 99-469, eff. 8-26-15; 99-642, eff. 7-28-16.)
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(225 ILCS 5/18.5) (Section scheduled to be repealed on January 1, 2026) Sec. 18.5. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 5/19) (from Ch. 111, par. 7619)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. Record of proceedings. The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case.
The notice of hearing, complaint and all other documents in the nature of
pleadings and
written motions filed in the proceedings, the transcript of testimony, the
report of the Board and order of the Department shall be the record of such
proceeding. Any licensee who is found to have violated this Act or who fails to appear for a hearing to refuse to issue, restore, or renew a license or to discipline a licensee may be required by the Department to pay for the costs of the proceeding. These costs are limited to costs for court reporters, transcripts, and witness attendance and mileage fees. All costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/19.5) (Section scheduled to be repealed on January 1, 2026) Sec. 19.5. Subpoenas; oaths. The Department may subpoena and bring before it any person and may take the oral or written testimony of any person or compel the production of any books, papers, records, or any other documents that the Secretary or his or her designee deems relevant or material to an investigation or hearing conducted by the Department with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State. The Secretary, the designated hearing officer, any member of the Board, or a certified shorthand court reporter may administer oaths at any hearing which the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony or production of documents or records shall be in accordance with this Act.
(Source: P.A. 99-469, eff. 8-26-15.) |
(225 ILCS 5/20) (from Ch. 111, par. 7620)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Attendance of witnesses; contempt. Any circuit court may, upon application
of the Department or its designee or of the applicant or
licensee against
whom proceedings pursuant to Section 20 of this Act are pending, enter an
order requiring the attendance of witnesses and their testimony, and the
production of documents, papers, files, books, and records in connection
with any hearing or investigation. The court may compel obedience to its
order by proceedings for contempt.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/21) (from Ch. 111, par. 7621)
(Section scheduled to be repealed on January 1, 2026)
Sec. 21. Findings of Board. At the conclusion of the hearing
the Board shall present to the Secretary a written report of its findings of fact, conclusions of law,
and recommendations. The report shall contain a finding of whether or not
the accused person violated this Act or failed to comply with the conditions
required in this Act. The Board shall specify the nature of the violation
or failure to comply, and shall make its recommendations to the Secretary.
The report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis
for the Department's order refusing to issue, restore, or renew a license, or otherwise disciplining a licensee. If the Secretary disagrees with the report of the Board, the Secretary may issue
an order in contravention of the Board report. The finding is not
admissible in evidence against the person in a criminal prosecution brought
for the violation of this Act, but the hearing and finding are not a bar to
a criminal prosecution brought for the violation of this Act.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/22) (from Ch. 111, par. 7622)
(Section scheduled to be repealed on January 1, 2026)
Sec. 22. Report of Board; motion for rehearing. In any case involving the refusal to issue or
renew a
license or the discipline of a licensee, a copy of
the Board's report shall be
served upon the respondent by the Department as
provided in this Act for the service of the notice of hearing. Within 20
days after such service, the respondent may present to the Department a
motion in writing for a rehearing, which motion shall specify the
particular grounds therefor. If no motion for rehearing is filed, then
upon the expiration of the time specified for filing such a motion, or if a
motion for rehearing is denied, then upon such denial the Secretary may
enter an order in accordance with recommendations of
the Board except as provided in Section 23 of this Act. If the respondent
shall order from the reporting service, and pay for a transcript of the
record within the time for filing a motion for rehearing, the 20 day period
within which such a motion may be filed shall commence upon the delivery of
the transcript to the respondent.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/23) (from Ch. 111, par. 7623)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23. Rehearing. Whenever the Secretary is satisfied that
substantial justice has not been done in the revocation or suspension of a
license or
refusal to issue or renew a
license, the Secretary may order a rehearing
by the same or other examiners.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/24) (from Ch. 111, par. 7624)
(Section scheduled to be repealed on January 1, 2026)
Sec. 24. Hearing officer appointment. The Secretary shall have the
authority to appoint any attorney duly licensed to practice law in the State
of Illinois to serve as the hearing officer in any action for refusal to
issue or renew a license, or for the taking of disciplinary action against a license. The hearing officer shall have
full authority to conduct the hearing. The hearing officer shall report
his or her findings of fact, conclusions of law, and recommendations to the Board and the Secretary. The
Board shall have 90 days from receipt of the report to review the report of the
hearing officer and present its findings of fact, conclusions of law and
recommendation to the Secretary. If the Board fails to present its report
within the 90 day period, the Secretary may issue an order based on the report of the hearing officer. If the Secretary
determines that the Board's report is contrary to the manifest
weight of the evidence, he or she may issue an order in contravention of
the Board's report.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/25) (from Ch. 111, par. 7625)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the Department and
purporting to be signed by the Secretary, shall be prima facie proof:
(a) That such signature is the genuine signature of | ||
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(b) That such Secretary is duly appointed and | ||
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(c) (Blank).
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/26) (from Ch. 111, par. 7626)
(Section scheduled to be repealed on January 1, 2026)
Sec. 26. Restoration of
license from discipline. At any
time after the successful completion of a term of indefinite probation, suspension or revocation of any
license, the Department
may restore the license to the licensee, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest or that the licensee has not been sufficiently rehabilitated to warrant the public trust. No person or entity whose license, certificate, or authority has been revoked as authorized in this Act may apply for restoration of that license, certificate, or authority until such time as provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/27) (from Ch. 111, par. 7627)
(Section scheduled to be repealed on January 1, 2026)
Sec. 27. Surrender of license. Upon the revocation or
suspension of any license, the licensee
shall forthwith surrender the license or licenses to the Department,
and if he
or she
fails to do so, the Department shall have the right to seize the
license.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/28) (from Ch. 111, par. 7628)
(Section scheduled to be repealed on January 1, 2026)
Sec. 28. Summary suspension of a license. The Secretary
may summarily suspend the
license of an athletic trainer without a hearing, simultaneously with
the institution of proceedings for a hearing provided
for in Section 20 of this Act, if the Secretary finds that evidence indicates that an athletic trainer's continuation in practice
would constitute an imminent danger to the public. In the event that the Secretary
suspends, summarily, the
license of an athletic trainer
without a hearing, a hearing shall be commenced within 30 days after such suspension has occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/29) (from Ch. 111, par. 7629)
(Section scheduled to be repealed on January 1, 2026)
Sec. 29. Administrative review; venue. All final administrative
decisions of the Department are subject to
judicial review pursuant to the provisions of the "Administrative Review
Law" and all rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/30) (from Ch. 111, par. 7630)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30. Certifications of record; costs. The Department shall not be
required to certify any record to the Court or
file any answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Exhibits shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/31) (from Ch. 111, par. 7631)
(Section scheduled to be repealed on January 1, 2026)
Sec. 31. Criminal penalties. Any person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for a first offense. On conviction of
a second or subsequent offense, the violator shall be guilty of a Class 4 felony.
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/32) (from Ch. 111, par. 7632)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32.
Administrative Procedure Act applicable.
The Illinois
Administrative Procedure Act is hereby expressly adopted and incorporated
herein as if all of the provisions of that Act were included in
this Act, except that the provision of subsection (d) of
Section 10-65 of the Illinois Administrative Procedure Act
that provides that at hearings the certificate holder has the
right to show compliance with all lawful requirements for retention,
continuation or renewal of certification is specifically excluded.
For the purpose of this Act the notice required under Section 10-25
of the Illinois Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
(Source: P.A. 88-45 .)
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(225 ILCS 5/33) (from Ch. 111, par. 7633)
(Section scheduled to be repealed on January 1, 2026)
Sec. 33.
Public policy.
It is declared to be the public policy of
this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII
of the Illinois Constitution of 1970, that any power or function set forth
in this Act to be exercised by the State is an exclusive State power or
function. Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government, including
home rule units, except as otherwise provided in this Act.
(Source: P.A. 84-1080 .)
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(225 ILCS 5/34) (from Ch. 111, par. 7634)
(Section scheduled to be repealed on January 1, 2026)
Sec. 34. Persons currently practicing. Any person currently holding an active Illinois license as an athletic trainer on the effective date of this amendatory Act of the 94th General Assembly shall be considered licensed under this Act.
Applications for a
license under this Section must be made within
180 days from the effective date of this Act.
(Source: P.A. 94-246, eff. 1-1-06 .)
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(225 ILCS 5/34.1) (Section scheduled to be repealed on January 1, 2026)
Sec. 34.1. Partial invalidity. If any portion of this Act is held invalid, such invalidity shall not affect any other part of this Act, which can be given effect without the invalid portion.
(Source: P.A. 94-246, eff. 1-1-06 .) |
(225 ILCS 5/35)
(Section scheduled to be repealed on January 1, 2026)
Sec. 35.
Deposit of fees and fines; appropriations.
All of the fees and
fines collected under this Act shall be deposited in the General Professions
Dedicated Fund. All monies in the fund shall be used by the Department, as
appropriated, for the ordinary and contingent expenses of the Department.
(Source: P.A. 89-216, eff. 1-1-96 .)
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