(225 ILCS 90/0.05)
(Section scheduled to be repealed on January 1, 2026)
Sec. 0.05.
Legislative Intent.
This Act is enacted for the purpose of
protecting the public health, safety, and welfare, and for providing for State
administrative control, supervision, licensure, and regulation of the practice
of physical therapy. It is the legislature's intent that only individuals who
meet and maintain prescribed standards of competence and conduct may engage in
the practice of physical therapy as authorized by this
Act. This Act shall be liberally construed to promote the public
interest and to accomplish the purpose stated herein. This Act does not
prohibit a person licensed under any other Act in this State from engaging in
the practice for which he or she is licensed or from delegating services as
provided for under that other Act.
(Source: P.A. 92-350, eff. 8-15-01 .)
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(225 ILCS 90/1) (from Ch. 111, par. 4251)
(Section scheduled to be repealed on January 1, 2026)
Sec. 1. Definitions. As used in this Act:
(1) "Physical therapy" means all of the following: (A) Examining, evaluating, and testing individuals | ||
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(B) Alleviating impairments, functional limitations, | ||
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(C) Reducing the risk of injury, impairment, | ||
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(D) Engaging in administration, consultation, | ||
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"Physical therapy"
includes, but is not limited to: (a) performance
of specialized tests and measurements, (b) administration of specialized
treatment procedures, (c) interpretation of referrals from physicians, dentists, advanced practice registered nurses, physician assistants,
and podiatric physicians, (d) establishment, and modification of physical therapy
treatment programs, (e) administration of topical medication used in generally
accepted physical therapy procedures when such medication is either prescribed
by the patient's physician, licensed to practice medicine in all its branches,
the patient's physician licensed to practice podiatric medicine, the patient's advanced practice registered nurse, the patient's physician assistant, or the
patient's dentist or used following the physician's orders or written instructions, (f) supervision or teaching of physical therapy, and (g) dry needling in accordance with Section 1.5.
"Physical therapy" does not include radiology, electrosurgery, acupuncture, chiropractic
technique or determination of a differential
diagnosis; provided, however,
the limitation on determining a differential diagnosis shall not in any
manner limit a physical therapist licensed under this Act from performing
an evaluation and establishing a physical therapy treatment plan pursuant to such license. Nothing in this Section shall limit
a physical therapist from employing appropriate physical therapy techniques
that he or she is educated and licensed to perform.
(2) "Physical therapist" means a person who practices physical therapy
and who has met all requirements as provided in this Act.
(3) "Department" means the Department of Professional Regulation.
(4) "Director" means the Director of Professional Regulation.
(5) "Board" means the Physical Therapy Licensing and Disciplinary Board approved
by the Director.
(6) "Referral" means a written or oral authorization for physical therapy services for a patient by a physician, dentist, advanced practice registered nurse, physician assistant, or podiatric physician who maintains medical supervision of the patient and makes a diagnosis or verifies that the patient's condition is such that it may be treated by a physical therapist.
(7) (Blank).
(8) "State" includes:
(a) the states of the United States of America;
(b) the District of Columbia; and
(c) the Commonwealth of Puerto Rico.
(9) "Physical therapist assistant" means a person licensed to assist a
physical therapist and who has met all requirements as provided in this Act
and who works under the supervision of a licensed physical therapist to assist
in implementing the physical therapy treatment program as established by the
licensed physical therapist. The patient care activities provided by the
physical therapist assistant shall not include the interpretation of referrals,
evaluation procedures, or the planning or major modification of patient programs.
(10) "Physical therapy aide" means a person who has received on
the job training, specific to the facility in which he is employed.
(11) "Advanced practice registered nurse" means a person licensed as an advanced practice registered nurse under the Nurse Practice Act. (12) "Physician assistant" means a person licensed under the Physician Assistant Practice Act of 1987.
(13) "Health care professional" means a physician, dentist, podiatric physician, advanced practice registered nurse, or physician assistant. (Source: P.A. 102-307, eff. 1-1-22 .)
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(225 ILCS 90/1.2) (Section scheduled to be repealed on January 1, 2026) Sec. 1.2. Physical therapy services. (a) A physical therapist may provide physical therapy services to a patient with or without a referral from a health care professional. (b) A physical therapist providing services without a referral from a health care professional must notify the patient's treating health care professional within 5 business days after the patient's first visit that the patient is receiving physical therapy. This does not apply to physical therapy services related to fitness or wellness, unless the patient presents with an ailment or injury. (b-5) A physical therapist providing services to a patient who has been diagnosed by a health care professional as having a chronic disease that may benefit from physical therapy must communicate at least monthly with the patient's treating health care professional to provide updates on the patient's course of therapy. (c) A physical therapist shall refer a patient to the patient's treating health care professional of record or, in the case where there is no health care professional of record, to a health care professional of the patient's choice, if: (1) the patient does not demonstrate measurable or | ||
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(2) the patient was under the care of a physical | ||
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(3) the patient's condition, at the time of | ||
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(d) Wound debridement services may only be provided by a physical therapist with written authorization from a health care professional. (e) A physical therapist shall promptly consult and collaborate with the appropriate health care professional anytime a patient's condition indicates that it may be related to temporomandibular disorder so that a diagnosis can be made by that health care professional for an appropriate treatment plan.
(Source: P.A. 102-307, eff. 1-1-22 .) |
(225 ILCS 90/1.3) (This Section may contain text from a Public Act with a delayed effective date ) (Section scheduled to be repealed on January 1, 2026) Sec. 1.3. Telehealth services. (a) Physical therapy through telehealth services may be used to address access issues to care, enhance care delivery, or increase the physical therapist's ability to assess and direct the patient's performance in the patient's own environment. (b) A physical therapist or physical therapist assistant working under the general supervision of a physical therapist may provide physical therapy through telehealth services pursuant to the terms and use defined in the Telehealth Act and the Illinois Insurance Code subject to the following conditions: (1) Initial physical therapy evaluations without a | ||
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(2) The use of telehealth as a primary means of | ||
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(3) A patient receiving physical therapy must be able | ||
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(4) A physical therapist providing telehealth must | ||
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(Source: P.A. 103-849, eff. 1-1-25.) |
(225 ILCS 90/1.5) (Section scheduled to be repealed on January 1, 2026) Sec. 1.5. 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) A physical therapist or physical therapist assistant 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 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 physical therapist or licensed physical therapist assistant. (c) (Blank). (d) (Blank). (e) (Blank).
(Source: P.A. 102-307, eff. 1-1-22 .) |
(225 ILCS 90/2) (from Ch. 111, par. 4252)
(Section scheduled to be repealed on January 1, 2026)
Sec. 2. Licensure requirement; exempt activities. Practice without a
license forbidden - exception.
No person shall
after the date of August 31, 1965 begin to practice physical therapy in
this State or hold himself out as being able to practice this profession,
unless he is licensed as such in accordance with the provisions of this Act.
After the effective date of this amendatory Act of 1990, no person shall
practice or hold himself out as a physical therapist assistant unless he is
licensed as such under this Act. A physical therapist shall use the initials "PT" in connection with his or her name to denote licensure under this Act, and a physical therapist assistant shall use the initials "PTA" in connection with his or her name to denote licensure under this Act.
This Act does not prohibit:
(1) Any person licensed in this State under any other | ||
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(2) The practice of physical therapy by those | ||
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(3) The practice of physical therapy for a period not | ||
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(4) Practice of physical therapy by qualified persons | ||
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(5) One or more licensed physical therapists from | ||
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(6) Physical therapy aides from performing patient | ||
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(7) Physical Therapist Assistants from performing | ||
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(8) The practice of physical therapy by a physical | ||
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(9) The practice of physical therapy as part of an | ||
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(10) The practice, services, or activities of | ||
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(Source: P.A. 96-7, eff. 4-3-09 .)
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(225 ILCS 90/2.5) (Section scheduled to be repealed on January 1, 2026) Sec. 2.5. 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 physical therapist or assistant 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. 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. 99-229, eff. 8-3-15.) |
(225 ILCS 90/3) (from Ch. 111, par. 4253)
(Section scheduled to be repealed on January 1, 2026)
Sec. 3.
Powers and duties of the Department.
Subject to the provisions
of this Act, the Department shall:
1. Prescribe rules defining what constitutes a curriculum for physical
therapy that is reputable and in good standing.
2. Adopt rules providing for the establishment of a uniform and
reasonable standard of instruction and maintenance to be observed by all
curricula for physical therapy which are approved by the Department; and
determine the reputability and good standing of such curricula for physical
therapy by reference to compliance with such rules, provided that no school
of physical therapy that refuses admittance to applicants solely on account
of race, color, creed, sex or national origin shall be considered reputable
and in good standing.
3. Prescribe and publish rules for a method of examination of candidates
for licensed physical therapists and licensed physical therapist assistants
and for issuance of licenses authorizing candidates upon passing
examination to practice as licensed physical therapists and licensed
physical therapist assistants.
4. Review application to ascertain the qualifications of applicants
for licenses.
5. Authorize examinations to ascertain the qualifications of those
applicants who require such examinations as a component of a license.
6. Conduct hearings on proceedings to refuse to issue licenses and to
discipline persons who are licensed under this Act and refuse to issue such
licenses, and to discipline such licensees, or to refuse to issue a license
to any person who has practiced physical therapy in violation of this Act,
prior to applying for a license.
7. Formulate rules required for the administration of this Act.
8. Maintain a list of licensed
physical therapists
and licensed physical therapist assistants authorized to practice in the
State. This list shall show the name of every licensee, his last known
place of residence and the date and number of his or her license. Any
interested person in the State may obtain a copy of that list on
application to the Department and payment of the required fee.
9. Exercise the powers and duties prescribed by the
Civil Administrative Code of Illinois for the administration of licensing
Acts.
(Source: P.A. 91-357, eff. 7-29-99 .)
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(225 ILCS 90/4) (from Ch. 111, par. 4254)
(Section scheduled to be repealed on January 1, 2026)
Sec. 4.
Administrative Procedure Act.
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 licensee has the right to show compliance
with all lawful requirements for retention, or continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the 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 90/5) (from Ch. 111, par. 4255)
Sec. 5.
(Repealed).
(Source: P.A. 85-342. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/6) (from Ch. 111, par. 4256)
(Section scheduled to be repealed on January 1, 2026)
Sec. 6. Duties and functions of Director and Board. The Director shall appoint a Physical Therapy Licensing and Disciplinary
Board as follows: Seven persons who shall be appointed by and shall
serve in an advisory capacity to the Director. Six members must be
actively engaged in the practice of physical therapy in this State for a
minimum of 5 years and one member must be a member of the public who is not
licensed under this Act, or a similar Act of another jurisdiction.
Members shall serve 4 year terms and until their successors are appointed
and qualified. No member shall be reappointed to
the Board for a term which would cause his continuous service on the
Board to be longer than 9 successive years. Appointments to fill
vacancies shall be made in the same manner as original appointments, for
the unexpired portion of the vacated term.
For the initial appointment of the Board, the Director shall give
priority to filling the public member terms as vacancies become available.
Members of the Board shall be immune from suit in any action based upon
any disciplinary proceedings or other activities performed in good faith as
members of the Board.
A vacancy in the membership of the Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties of the Board.
The members of the Board are entitled to receive as compensation a
reasonable sum as determined by the Director for each day actually engaged in
the duties of the office and all legitimate and necessary expenses incurred in
attending the meetings of the Board.
The membership of the Board should reasonably reflect representation
from the geographic areas in this State.
The Director may terminate the appointment of any member for cause which
in the opinion of the Director reasonably justifies such termination.
The Director shall consider the recommendations of the Board on
questions involving standards of professional conduct, discipline and
qualifications of candidates and licensees under this Act.
Nothing shall limit the ability of the Board to provide
recommendations to the Director in regard to any matter affecting the
administration of this Act.
The Director shall give due consideration to all recommendations of the
Board. If the Director takes action contrary to a recommendation of the
Board, the Director shall promptly provide a written explanation of that
action.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/7) (from Ch. 111, par. 4257)
Sec. 7.
(Repealed).
(Source: P.A. 86-1396. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/8) (from Ch. 111, par. 4258)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8. Qualifications for licensure as a physical therapist.
(a) A person is qualified to receive a license
as a physical therapist if that person has applied in writing, on forms
prescribed by the Department, has paid the required fees, and meets all
of the following requirements:
(1) He or she is at least 21 years of age and of good | ||
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(2) He or she has graduated from a curriculum in | ||
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(3) He or she has passed an examination approved by | ||
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(b) The Department reserves the right and may request a personal
interview of an applicant before the Board
to further evaluate
his or her qualifications for a license.
(Source: P.A. 99-229, eff. 8-3-15.)
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(225 ILCS 90/8.1) (from Ch. 111, par. 4258.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.1. Qualifications for licensure as
a physical therapist assistant. A person is qualified to receive a license as a
physical therapist assistant if that person has applied in writing, on forms
prescribed by the Department, has paid the required fees and:
(1) Is at least 18 years of age and of good moral | ||
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(2) Has graduated from a physical therapist assistant | ||
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(3) Has successfully completed the examination | ||
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(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/8.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 8.5. 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 agency'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. 97-400, eff. 1-1-12 .)
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(225 ILCS 90/9) (from Ch. 111, par. 4259)
Sec. 9.
(Repealed).
(Source: P.A. 86-1396. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/10) (from Ch. 111, par. 4260)
Sec. 10.
(Repealed).
(Source: P.A. 84-595. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/11) (from Ch. 111, par. 4261)
(Section scheduled to be repealed on January 1, 2026)
Sec. 11. Endorsement. The Department may, without examination, grant a license under this Act to an applicant who is licensed as a physical therapist or physical therapist assistant, without
examination, on payment of the required fee, an applicant for a license who
is a physical therapist or physical
therapist
assistant, as the
case may be, licensed under the laws of another jurisdiction upon filing of an application on forms provided by the Department, paying the required fee, and meeting such requirements as are established by rule. The Department may adopt rules governing recognition of education and legal practice in another jurisdiction, requiring additional education, and determining when an examination may be required. 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. The Department may waive the English proficiency examination by rule.
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. 100-893, eff. 8-14-18.)
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(225 ILCS 90/12) (from Ch. 111, par. 4262)
(Section scheduled to be repealed on January 1, 2026)
Sec. 12. Examinations. The Department shall examine applicants for
licenses as physical therapists or physical therapist assistants at
such times and places as it may determine. At least 2 written examinations
shall be given during each calendar year for both physical therapists and
physical therapist assistants. The examination shall be approved by the
Department.
Following notification of eligibility for examination, an applicant who
fails to take the examination for a license under this Act within 60 days of the notification or on the next available exam date, if no exam is held within 60 days of the notification,
shall forfeit his or her fee and his or her right to practice as a physical therapist
or physical therapist assistant until such time as the applicant has
passed the appropriate examination.
Any applicant failing the examination three times in any jurisdiction will
not be allowed to
sit for another examination until the applicant has presented satisfactory
evidence to the Board of appropriate remedial work as set forth in the
rules and regulations.
If an applicant neglects, fails or refuses to take an examination or
fails to pass an examination for a license or otherwise fails to complete the
application process under this Act within 3 years
after filing his application, the application shall be denied. However,
such applicant may make a new application for examination
accompanied by the required fee, and must furnish proof of meeting
qualifications for examination in effect at the time of new application.
(Source: P.A. 99-229, eff. 8-3-15.)
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(225 ILCS 90/13) (from Ch. 111, par. 4263)
Sec. 13.
(Repealed).
(Source: P.A. 86-1396. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/14) (from Ch. 111, par. 4264)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14.
Renewal of licenses.
The expiration date and renewal period
for each license issued under this Act
shall be set by rule. The holder of a license may renew such license during
the month preceding the expiration date thereof by paying the required fee.
(Source: P.A. 84-595 .)
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(225 ILCS 90/14.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 14.1.
Continuing education renewal requirements.
The Department
shall promulgate rules concerning continuing education for persons licensed
under this Act that require 40 hours of continuing education per license
renewal cycle for a physical therapist and 20 hours of continuing education per
license renewal cycle for a physical therapist assistant. In establishing
these rules, the Department shall consider education required for the 2
categories of licensees to maintain current knowledge and understanding of
their
respective scope of practice, professional ethics, and standards of care, as
described in this Act, and in material provided by relevant professional
associations. The Department shall also consider the educational requirements
for board certification in physical therapy specialty areas, requirements for
advanced clinical or academic degrees related to physical therapy, requirements
for attaining advanced skills specific to particular practice environments and
patient populations, and the educational needs related to special interest
groups within the professions. These rules shall assure that licensees are
given the opportunity to participate in those programs sponsored by or through
their professional associations,
hospitals, or employers and which are relevant
to
their practice. These rules shall also address variances for illness or
hardship. Each licensee is responsible for maintaining records of completion
of continuing education and shall be prepared to produce
the records when requested by the Department.
(Source: P.A. 92-350, eff. 8-15-01 .)
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(225 ILCS 90/15) (from Ch. 111, par. 4265)
(Section scheduled to be repealed on January 1, 2026)
Sec. 15. Restoration of expired licenses. A physical therapist or
physical therapist assistant 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, including
sworn evidence
certifying to active practice in another jurisdiction satisfactory to the
Department and by paying the required restoration fee.
If the physical therapist or physical therapist assistant has not
maintained an active practice in another jurisdiction satisfactory to the
Department, the Board shall determine, by an evaluation program
established by rule his or her fitness to resume active status and may
require the physical therapist or physical therapist assistant to complete
a period of evaluated clinical experience and may require successful
completion of an examination.
Any physical therapist or physical therapist assistant whose license
has been expired or placed on inactive status 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 physical therapist or physical therapist assistant whose
license has expired while he 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 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 furnishes the Department with an
affidavit to the effect that he has been so engaged and
that his service, training or education has been so terminated.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/16) (from Ch. 111, par. 4266)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.
Inactive Licenses.
Any physical therapist or physical
therapist assistant 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 physical therapist or physical therapist assistant requesting
restoration from inactive status shall be required to pay the current
renewal fee and shall be required to restore his or her license, as
provided in Section 15 of this Act.
Any physical therapist or physical therapist assistant whose license
is in an inactive status shall not practice physical therapy in the
State of Illinois and that practice shall be deemed unlicensed practice.
(Source: P.A. 89-387, eff. 1-1-96 .)
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(225 ILCS 90/16.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.1.
Fees.
The Department shall provide by rule a schedule of fees for the
administration
and enforcement of this Act, including but not limited to original licensure,
renewal, and restoration. The fees shall be nonrefundable.
(Source: P.A. 91-454, eff. 1-1-00 .)
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(225 ILCS 90/16.2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.2. Deposit of fees and fines; appropriations. All fees, penalties, and fines collected under this Act
shall be deposited into the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and contingent expenses of the Department in the administration of this Act.
(Source: P.A. 99-229, eff. 8-3-15.)
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(225 ILCS 90/16.5)
(Section scheduled to be repealed on January 1, 2026)
Sec. 16.5. Advertising services.
(a) A licensee shall include in every advertisement for services regulated under
this
Act his or her title as it
appears on the license or the initials authorized under this Act.
(b) It is unlawful for any person licensed under this Act
to use claims of superior quality of care to
entice the public. It shall be unlawful to advertise fee
comparisons of available services with those of other
persons licensed under this Act.
(c) This Act does not authorize the advertising of
professional services that the offeror of such services is
not licensed to render. Nor shall the advertiser use
statements that contain false, fraudulent, deceptive or
misleading material or guarantees of success, play upon the vanity or fears of the public, or
promote or produce unfair competition.
(d) It is unlawful and punishable under Section 31 for any person
licensed under this Act to knowingly advertise that the licensee will accept as
payment for services rendered by assignment from any third-party payor the
amount the third-party payor covers as payment in full, if the effect is to
give the impression of eliminating the need of payment by the patient of any
required deductible or copayment applicable in the patient's health benefit
plan.
(e) As used in this Section, "advertise" means solicitation by the licensee or
through another by means of handbills, posters, circulars, motion pictures,
radio, newspapers, or television or in any other manner.
(Source: P.A. 98-768, eff. 1-1-15 .)
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(225 ILCS 90/17) (from Ch. 111, par. 4267)
(Section scheduled to be repealed on January 1, 2026)
Sec. 17. (1) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand, or
take other disciplinary action as the Department deems appropriate,
including the issuance of fines not to exceed $5000, with regard to a
license for any one or a combination of the following:
A. Material misstatement in furnishing information to | ||
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B. Violations of this Act, or of the rules or | ||
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C. Conviction of any crime under the laws of the | ||
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D. Making any misrepresentation for the purpose of | ||
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E. A pattern of practice or other behavior which | ||
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F. Aiding or assisting another person in violating | ||
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G. Failing, within 60 days, to provide information in | ||
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H. Engaging in dishonorable, unethical or | ||
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I. Unlawful distribution of any drug or narcotic, or | ||
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J. Habitual or excessive use or addiction to alcohol, | ||
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K. Revocation or suspension of a license to practice | ||
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L. Directly or indirectly giving to or receiving from | ||
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M. A finding by the Board that the licensee after | ||
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N. Abandonment of a patient;
O. Willfully failing to report an instance of | ||
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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. The use of any words (such as physical therapy, | ||
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S. The use of the term physical therapist assistant, | ||
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T. Willfully violating or knowingly assisting in the | ||
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U. Continued practice by a person knowingly having an | ||
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V. Having treated ailments of human beings otherwise | ||
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W. Being named as a perpetrator in an indicated | ||
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X. Interpretation of referrals, performance of | ||
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Y. Failure by a physical therapist assistant and | ||
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Z. Violation of the Health Care Worker Self-Referral | ||
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(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 patient is
no longer subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient; and upon the
recommendation of the Board to the Director that the licensee be
allowed to resume his practice.
(3) The Department may refuse to issue or may suspend the license of any
person who fails to file a return, or 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.
(Source: P.A. 100-513, eff. 1-1-18; 100-897, eff. 8-16-18.)
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(225 ILCS 90/17.5) (Section scheduled to be repealed on January 1, 2026) Sec. 17.5. 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 90/18) (from Ch. 111, par. 4268)
(Section scheduled to be repealed on January 1, 2026)
Sec. 18.
Violations - Injunction - Cease and Desist Order.
(a) If
any person violates the provision of this Act, the Director 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 in the county in which the
offense occurs, 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. 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 practice as a physical therapist or physical
therapist assistant or hold himself out as a physical therapist or physical
therapist assistant without being licensed under the provisions of this Act
then any licensed physical therapist or physical therapist assistant, any
interested party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a) of this
Section or may apply to the Circuit Court of the county in which such
violation or some part thereof occurred, or in which the person complained
of has his principal place of business or resides, to prevent such
violation. The court has jurisdiction to enforce obedience by injunction or
by other process restricting such person complained of from further
violation and enjoining upon him obedience.
(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. 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
immediately.
(Source: P.A. 86-1396 .)
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(225 ILCS 90/19) (from Ch. 111, par. 4269)
(Section scheduled to be repealed on January 1, 2026)
Sec. 19. 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, to renew or discipline a license pursuant to Section 17, at least 30
days prior to
the date
set for the hearing, notify in writing the applicant for, or holder of,
a license of the nature of the charges, that a hearing will be held
on
the date designated, and
direct the applicant or licensee to file a written answer to the Board under
oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer will result
in default being taken against the applicant or licensee and that the
license or certificate may be
suspended, revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature or extent of
practice, as the Director may deem proper. Written notice may be served by personal delivery
or certified or registered mail to the respondent at the address of his
last notification to the Department.
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 Board 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 Board may continue a hearing from time to time.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/19.5) (Section scheduled to be repealed on January 1, 2026) Sec. 19.5. 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 of the Department, 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 by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.
(Source: P.A. 99-229, eff. 8-3-15.) |
(225 ILCS 90/20) (from Ch. 111, par. 4270)
(Section scheduled to be repealed on January 1, 2026)
Sec. 20. Stenographer - Transcript. The Department, at its expense,
shall preserve a record of all proceedings at the formal hearing of any
case involving the refusal to issue, renew or discipline of a license.
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.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/21) (from Ch. 111, par. 4271)
(Section scheduled to be repealed on January 1, 2026)
Sec. 21.
Compelling Testimony.
Any circuit court may, upon application
of the Department or designee or of the applicant or licensee against whom
proceedings pursuant to Section 19 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. 86-1296 .)
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(225 ILCS 90/22) (from Ch. 111, par. 4272)
(Section scheduled to be repealed on January 1, 2026)
Sec. 22. Findings and Recommendations. At the conclusion of the hearing
the Board shall present to the Director a written report of its findings
and recommendations. The report shall contain a finding 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 Director.
The report of findings and recommendations of the Board shall be the
basis for the Department's order or refusal or for the granting of a license
or permit unless the Director shall determine that the Board report
is contrary to the manifest weight of the evidence, in which case the Director
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. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/23) (from Ch. 111, par. 4273)
(Section scheduled to be repealed on January 1, 2026)
Sec. 23. Rehearing. In any case involving the refusal to issue, renew
or discipline of a license, a copy of the Board's report shall be served
upon the respondent by the Department, either personally or 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 Director may enter an order in accordance with
recommendations of the Board except as provided in Section 22
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. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/24) (from Ch. 111, par. 4274)
(Section scheduled to be repealed on January 1, 2026)
Sec. 24.
Director - Rehearing.
Whenever the Director is satisfied
that substantial justice has not been done in the revocation, suspension
or refusal to issue or renew a license, the Director may order a rehearing
by the same or other examiners.
(Source: P.A. 84-595 .)
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(225 ILCS 90/25) (from Ch. 111, par. 4275)
(Section scheduled to be repealed on January 1, 2026)
Sec. 25. Appointment of a Hearing Officer. The Director 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, renew or discipline of a license or permit. The hearing officer
shall have full authority to conduct the hearing. At least one member of the
Board shall attend each hearing. The hearing officer shall
report his findings and recommendations to the Board and the Director.
The Board shall have 60 days from receipt of the report to review the
report of the hearing officer and present their findings of fact, conclusions
of law and recommendations to the Director. If the Board fails to present
its report within the 60 day period, the Director shall issue an order based
on the report of the hearing officer. If the Director determines that the Board's report is contrary to the manifest weight of the evidence, he
may issue an order in contravention of the Board's report.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/26) (from Ch. 111, par. 4276)
(Section scheduled to be repealed on January 1, 2026)
Sec. 26. 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 Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Board and the members thereof are qualified | ||
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(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/27) (from Ch. 111, par. 4277)
(Section scheduled to be repealed on January 1, 2026)
Sec. 27. Restoration of Suspended or Revoked License. At any time
after the suspension or revocation of any license, the Department may restore
it to the accused person, upon the written recommendation of the Board
unless after an investigation and a hearing, the Board determines that
restoration is not in the public interest.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/28) (from Ch. 111, par. 4278)
(Section scheduled to be repealed on January 1, 2026)
Sec. 28.
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 the licensee fails to do so, the Department
shall have the right to seize the license.
(Source: P.A. 84-595 .)
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(225 ILCS 90/29) (from Ch. 111, par. 4279)
(Section scheduled to be repealed on January 1, 2026)
Sec. 29. Temporary Suspension of a License. The Director may
temporarily suspend the license of a physical therapist or physical
therapist assistant without a hearing, simultaneously with the institution
of proceedings for a hearing provided for in Section 19 of this Act, if the
Director finds that evidence in his possession indicates that a physical
therapist's or a physical therapist assistant's continuation in practice
would constitute an imminent danger to the public. In the event that the
Director suspends, temporarily, the license of a physical therapist or
physical therapist assistant without a hearing, a hearing by the Board
must be held within 30 calendar days after such suspension has occurred.
(Source: P.A. 94-651, eff. 1-1-06 .)
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(225 ILCS 90/30) (from Ch. 111, par. 4280)
(Section scheduled to be repealed on January 1, 2026)
Sec. 30.
Administrative review; venue.
All final administrative
decisions of the Department are subject to judicial review pursuant to the
Administrative Review Law and its rules. 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 relief resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
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 there is filed in the court, with the complaint,
a receipt from the Department acknowledging payment of the costs of
furnishing and certifying the record. Failure on the part of the
plaintiff to file a receipt in Court shall be grounds for dismissal of the
action.
(Source: P.A. 87-1031 .)
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(225 ILCS 90/31) (from Ch. 111, par. 4281)
(Section scheduled to be repealed on January 1, 2026)
Sec. 31. Violations.
(a) Any person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor for the first
offense and a Class 4 felony for the second and any subsequent offense.
(b) Any person representing himself or herself or advertising
as a physical therapist or that the services he or she renders are physical therapy, or who uses any words, such as physical therapy, physical therapist,
physiotherapy, or physiotherapist, abbreviations, figures, or letters, such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA", indicating that he or she is engaged in the practice of physical therapy when
he or she does not possess a currently valid license as defined herein, commits
a Class A misdemeanor, for a first offense, and a Class 4 felony for a second
or subsequent offense.
(c) Any person representing himself or herself or advertising as a physical therapist assistant
or that the services he or she renders are physical therapy, or who uses any
words, such as physical therapy or physical therapist assistant,
abbreviations, figures, or letters, such as "PT", "DPT", "MPT", "RPT", "LPT", or "PTA", indicating that he or she is engaged in the practice
of physical therapy when he or she does not possess a currently
valid license as defined herein, commits a Class A misdemeanor for a first
offense, and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 93-1010, eff. 8-24-04 .)
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(225 ILCS 90/31.5) (Section scheduled to be repealed on January 1, 2026) Sec. 31.5. 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. 99-229, eff. 8-3-15.) |
(225 ILCS 90/32) (from Ch. 111, par. 4282)
Sec. 32.
(Repealed).
(Source: P.A. 86-1396. Repealed by P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 90/32.1) (from Ch. 111, par. 4282.1)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32.1.
Returned checks; fines.
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 Director
may waive the fines due under this Section in individual cases where the
Director finds that the fines would be unreasonable or unnecessarily
burdensome.
(Source: P.A. 92-146, eff. 1-1-02 .)
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(225 ILCS 90/32.2)
(Section scheduled to be repealed on January 1, 2026)
Sec. 32.2. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice, attempts to practice, or
holds oneself out to practice physical therapy or as a physical therapist or a
physical therapist assistant without being licensed under this Act or who violates Section 16.5 or subsection (b) or (c) of Section 31 shall, in
addition to any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000 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. 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. 93-1010, eff. 8-24-04 .)
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(225 ILCS 90/33) (from Ch. 111, par. 4283)
(Section scheduled to be repealed on January 1, 2026)
Sec. 33.
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. 84-595 .)
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(225 ILCS 90/34) (from Ch. 111, par. 4284)
(Section scheduled to be repealed on January 1, 2026)
Sec. 34.
Short title.
This Act may be known and cited as
the "Illinois Physical Therapy Act".
(Source: P.A. 85-342 .)
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(225 ILCS 90/35) (from Ch. 111, par. 4285)
(Section scheduled to be repealed on January 1, 2026)
Sec. 35.
Emergency care; civil liability.
Exemption from
civil liability for emergency care is as provided in the
Good Samaritan Act.
(Source: P.A. 89-607, eff. 1-1-97 .)
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(225 ILCS 90/36) (from Ch. 111, par. 4286)
(Section scheduled to be repealed on January 1, 2026)
Sec. 36.
Exclusive jurisdiction.
The regulation and licensing of
physical therapists and physical therapist assistants are exclusive powers
and functions of the State. A home rule unit may not regulate or license
physical therapists or physical therapist assistants. This Section is a
denial and limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 85-342; 86-1396 .)
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