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90_HB1879
New Act
5 ILCS 80/4.18 new
30 ILCS 105/5.449 new
Creates the Orthotics and Prosthetics Practice Act to
regulate persons who practice orthotics or prosthetics
through licensing requirements. Amends the Regulatory Agency
Sunset Act to repeal the new Act on January 1, 2008. Amends
the State Finance Act to add the Orthotics and Prosthetics
License Fund. Preempts home rule powers.
LRB9004662DPcc
LRB9004662DPcc
1 AN ACT to create the Orthotics and Prosthetics Practice
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Orthotics and Prosthetics Practice Act.
7 Section 5. Declaration of public policy. The practice
8 of orthotics and prosthetics in the State of Illinois is an
9 allied health profession recognized by the American Medical
10 Association, with educational standards established by the
11 Commission on Accreditation of Allied Health Education
12 Programs. The increasing population of elderly and
13 physically challenged individuals who need orthotic and
14 prosthetic services requires that the orthotic and prosthetic
15 profession be regulated to ensure the provision of
16 high-quality services and devices. The people of Illinois
17 deserve the best care available, and will benefit from the
18 assurance of initial and ongoing professional competence of
19 the orthotists and prosthetists practicing in this State.
20 The practice of orthotics and prosthetics serves to improve
21 and enhance the lives of individuals with disabilities, by
22 enabling them to resume productive lives following serious
23 illness, injury, or trauma. The present unregulated system
24 for dispensing orthotic and prosthetic care does not
25 adequately meet the needs or serve the interests of the
26 public. In keeping with State requirements imposed on similar
27 health disciplines, licensure of the orthotic and prosthetic
28 profession will help ensure the health and safety of
29 consumers, as well as maximize their functional abilities and
30 productivity levels. This Act shall be liberally construed
31 to best carry out these subjects and purposes.
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1 Section 10. Definitions. As used in this Act:
2 "Assistant" means a person who assists an orthotist,
3 prosthetist, or prosthetist/orthotist with patient care
4 services and fabrication of orthoses or prostheses under the
5 supervision of a licensed orthotist, prosthetist, or
6 prosthetist/orthotist.
7 "Board" means the Board of Orthotics and Prosthetics.
8 "Custom" means that an orthosis or prosthesis is
9 designed, fabricated, and aligned specifically for one person
10 in accordance with sound biomechanical principles.
11 "Department" means the Department of Professional
12 Regulation.
13 "Director" means the Director of Professional Regulation.
14 "Education program" means a course of instruction
15 approved by the Department and accredited by the Commission
16 on Accreditation of Allied Health Education Programs and
17 provided by rule, consisting of (i) a basic curriculum of
18 college level instruction in math, physics, biology,
19 chemistry, and psychology and (ii) a specific curriculum in
20 orthotic or prosthetic courses, including: lectures covering
21 pertinent anatomy, biomechanics, pathomechanics,
22 prosthetic-orthotic components and materials, training and
23 functional capabilities, prosthetic or orthotic performance
24 evaluation, prescription considerations, etiology of
25 amputations and disease processes necessitating prosthetic or
26 orthotic use, and medical management; subject matter related
27 to pediatric and geriatric problems; instruction in acute
28 care techniques, such as immediate and early post-surgical
29 prosthetics, fracture bracing, and halo cast techniques; and
30 lectures, demonstrations, and laboratory experiences related
31 to the entire process of measuring, casting, fitting,
32 fabrication, alignment, and completion of prostheses or
33 orthoses.
34 "Licensed orthotist" means a person licensed under this
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1 Act to practice orthotics and who represents himself or
2 herself to the public by title or description of services
3 that includes the term "orthotic", "orthotist", "brace", or
4 a similar title or description of services.
5 "Licensed physician" means a physician licensed under the
6 Medical Practice Act of 1987 or the Podiatric Medical
7 Practice Act of 1987.
8 "Licensed prosthetist" means a person licensed under this
9 Act to practice prosthetics and who represents himself or
10 herself to the public by title or description of services
11 that includes the term "prosthetic", "prosthetist",
12 "artificial limb", or a similar title or description of
13 services.
14 "Licensed prosthetist/orthotist" means a person licensed
15 under this Act to practice both prosthetics and orthotics and
16 who represents himself or herself to the public by title or
17 description of services that includes the term "prosthetic",
18 "orthotic", "prosthetist/orthotist", "artificial limb",
19 "brace", or a similar title or description of services.
20 "Orthosis" means a custom-fabricated or custom-fitted
21 brace or support designed to provide for alignment,
22 correction, or prevention of neuromuscular or musculoskeletal
23 dysfunction, disease, injury, or deformity. "Orthosis" does
24 not include fabric or elastic supports, corsets, arch
25 supports, low-temperature plastic splints, trusses, elastic
26 hoses, canes, crutches, cervical collars, dental appliances,
27 or other similar devices carried in stock and sold by a drug
28 store, department store, corset shop, or surgical supply
29 facility.
30 "Orthotics" means the science and practice of evaluating,
31 measuring, designing, fabricating, assembling, fitting,
32 adjusting, or servicing an orthosis under an order from a
33 licensed physician, chiropractor, or podiatrist for the
34 correction or alleviation of neuromuscular or musculoskeletal
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1 dysfunction, disease, injury, or deformity.
2 "Orthotist" means a person who measures, designs,
3 fabricates, fits, or services orthoses and assists in the
4 formulation of the prescription of orthoses as prescribed by
5 a licensed physician or a physician licensed to practice
6 podiatric medicine for the support or correction of
7 disabilities caused by neuro-musculoskeletal diseases,
8 injuries, or deformities.
9 "Pedorthist" means a person who designs, fabricates, and
10 fits therapeutic footwear, orthoses (for feet only), and
11 modified footwear based on a licensed physician's
12 prescription.
13 "Person" means a natural person.
14 "Prosthesis" means an artificial medical device that is
15 not surgically implanted and that is used to replace a
16 missing limb, appendage, or any other external human body
17 part including an artificial limb, hand, or foot.
18 "Prosthesis" does not include artificial eyes, ears, fingers,
19 or toes, dental appliances, cosmetic devices (such as
20 artificial breasts, eyelashes, or wigs), or other devices
21 that do not have a significant impact on the musculoskeletal
22 functions of the body.
23 "Prosthetics" means the science and practice of
24 evaluating, measuring, designing, fabricating, assembling,
25 fitting, adjusting, or servicing a prosthesis under an order
26 from a licensed physician.
27 "Prosthetist" means a person who measures, designs,
28 fabricates, fits, or services prostheses and assists in the
29 formulation of the prescription of prostheses as prescribed
30 by a licensed physician, for the replacement of external
31 parts of the human body lost due to amputation or congenital
32 deformities or absences.
33 "Prosthetist/Orthotist" means a person who practices both
34 disciplines of prosthetics and orthotics and who represents
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1 himself or herself to the public by title or by description
2 of services.
3 "Registered prosthetist/orthotist assistant" means a
4 person registered under this Act who assists a licensed
5 orthotist, prosthetist, or prosthetist/orthotist with patient
6 care services and the fabrication of orthoses or prostheses.
7 "Registered prosthetic/orthotic technician" means a
8 person registered under this Act who assists the orthotist,
9 prosthetist, or prosthetist/orthotist with fabrication of
10 orthoses or prostheses.
11 "Resident" means a person that has completed an education
12 program in either orthotics or prosthetics and is continuing
13 his or her clinical education in a residency accredited by
14 the National Commission on Orthotic and Prosthetic Education.
15 "Scope of practice" means a list of tasks, with relative
16 weight given to such factors as importance, criticality, and
17 frequency, based on internationally accepted standards of
18 orthotic and prosthetic care as outlined by the International
19 Society of Prosthetics and Orthotics' professional profile
20 for Category I and Category III orthotic and prosthetic
21 personnel.
22 "Technician" means a person who assists an orthotist,
23 prosthetist, or prosthetist/orthotist with fabrication of
24 orthoses or prostheses but does not provide direct patient
25 care.
26 Section 15. Exceptions. This Act shall not be construed
27 to prohibit:
28 (1) a physician licensed in this State to practice
29 medicine in all its branches from engaging in the
30 practice for which he or she is licensed;
31 (2) a person licensed in this State under any other
32 Act from engaging in the practice for which he or she is
33 licensed;
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1 (3) the practice of orthotics or prosthetics by a
2 person who is employed by the federal government or any
3 bureau, division, or agency of the federal government
4 while in the discharge of the employee's official duties;
5 (4) the practice of orthotics or prosthetics by a
6 student enrolled in a school of orthotics or prosthetics
7 or in a refresher course approved by the Department if
8 the practice is included in the program of study;
9 (5) the practice of orthotics or prosthetics by one
10 who is an orthotist or prosthetist licensed under the
11 laws of another state or territory of the United States
12 or another country and has applied in writing to the
13 Department, in a form and substance satisfactory to the
14 Department, for a license as an orthotist or prosthetist
15 and who is qualified to receive the license under Section
16 35 until (A) the expiration of 6 months after the filing
17 of the written application, (B) the withdrawal of the
18 application, or (C) the denial of the application by the
19 Department;
20 (6) a person licensed by this State as a physical
21 therapist or occupational therapist from engaging in the
22 practice of his or her profession or applying temporary
23 or low-temperature orthotic devices;
24 (7) the practice of pedorthics by a pedorthist in
25 the design, fabrication, and fit of therapeutic footwear,
26 foot orthoses (for feet only), and modified footwear.
27 Section 20. Powers and duties of the Department. The
28 Director may adopt rules consistent with the provisions of
29 this Act and may prescribe forms for its administration and
30 enforcement. The Board shall adopt rules as necessary to set
31 standards and requirements. The Board shall adopt rules as
32 necessary to establish eligibility for registration to
33 practice orthotics and prosthetics as an assistant or
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1 technician.
2 Section 25. Board of Orthotics and Prosthetics.
3 (a) There is established a Board of Orthotics and
4 Prosthetics, which shall consist of 7 voting members to be
5 appointed by the Governor. Two members shall be practicing
6 licensed orthotists or licensed prosthetist/orthotists; 2
7 members shall be practicing licensed prosthetists or licensed
8 prosthetist/orthotists; 2 members shall be members of the
9 public who are consumers of orthotic and prosthetic
10 professional services; and one member shall be licensed by
11 the State as a doctor of medicine or doctor of osteopathy
12 specializing in orthopaedic medicine and surgery or a doctor
13 of podiatry.
14 (b) An administrative director of the Board shall be a
15 State employee who is appointed by the Director and shall
16 serve as an ex-officio member of the Board without voting
17 power. The ex-officio member shall be compensated according
18 to the State's compensation program for his or her duties and
19 responsibilities.
20 (c) Each member of the Board, except the ex-officio
21 member, shall serve a term of 3 years, except that of the
22 initial appointments to the Board, 2 members shall be
23 appointed for one year, 2 members shall be appointed for 2
24 years, and 3 members shall be appointed for 3 years. Each
25 member shall hold office and execute his or her Board
26 responsibilities until the qualification and appointment of
27 his or her successor. Except for the ex-officio member, no
28 member of the Board shall serve more than 8 consecutive years
29 or 2 full terms, whichever is greater.
30 (d) The ex-officio member of the Board shall serve only
31 so long as he or she occupies the incumbent's position as
32 administrative director of the Board. In the event of a
33 vacancy within the administrative director's position, an
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1 acting administrative director may be appointed to serve on
2 the Board in the interim.
3 (e) All Board members shall serve without compensation,
4 except that members shall be reimbursed for necessary and
5 reasonable expenses, including but not limited to travel and
6 out-of-pocket costs, for fulfilling their duties and
7 responsibilities as members of the Board.
8 (f) Except for the ex-officio member, a member may be
9 removed from the Board by the Governor for any one of the
10 following:
11 (1) Loss of license as an orthotist, prosthetist,
12 or prosthetist/orthotist for disciplinary reasons.
13 (2) Loss of license as a doctor of medicine, doctor
14 of osteopathy, or doctor of podiatry.
15 (3) Failure to fulfill his or her duties and
16 responsibilities as a Board member.
17 (4) Having been found by the Department or a court
18 of competent jurisdiction to be culpable for committing
19 acts of moral turpitude, malfeasance in office, or
20 criminal behavior.
21 (g) The ex-officio member may be removed only if he or
22 she is removed from or vacates the position of administrative
23 director of the Board.
24 Section 30. Application for original license. An
25 application for an original license, certificate of
26 registration, or temporary license a shall be made to the
27 Department in writing on a form prescribed by the Department
28 and shall be accompanied by the required fee, which shall not
29 be refundable. An application shall require information that
30 in the judgement of the Department will enable the Department
31 to pass on the qualifications of the applicant for a
32 license.
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1 Section 35. Qualifications for licensure.
2 (a) To qualify for a license to practice orthotics and
3 prosthetics, a person shall:
4 (1) possess a baccalaureate degree from a college
5 or university approved by the Department;
6 (2) have completed the amount of formal training,
7 including but not limited to any hours of classroom
8 education and clinical practice established by the
9 Commission on Accreditation of Allied Health Education
10 Programs and as the Board deems necessary and
11 appropriate. The majority of training must be devoted to
12 services performed under the supervision of a
13 practitioner of orthotics or prosthetics or a person
14 certified as a Certified Orthotist (CO), Certified
15 Prosthetist (CP), or Certified Prosthetist and Orthotist
16 (CPO) whose certification was obtained before the
17 effective date of this Act;
18 (3) complete a clinical residency in the
19 professional area for which a license is sought in
20 accordance with standards, guidelines, or procedures for
21 clinical residencies inside or outside this State
22 established by the National Commission on Orthotic
23 Prosthetic Education or by the Board;
24 (4) pass all written, practical, and oral
25 examinations that are required and approved by the Board;
26 and
27 (5) be qualified to practice in accordance with
28 internationally accepted standards of orthotic and
29 prosthetic care as outlined by the International Society
30 of Prosthetics and Orthotics' professional profile for
31 Category I orthotic and prosthetic personnel or as
32 outlined by the American Board for Certification in
33 Orthotics and Prosthetics, Incorporated.
34 (b) The standards and requirements for licensure
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1 established by the Board shall be substantially equal to or
2 in excess of standards commonly accepted in the profession of
3 orthotics and prosthetics. The Board shall adopt rules as
4 necessary to set the standards and requirements.
5 Section 40. Examination requirement.
6 (a) The Department shall authorize examinations of
7 applicants as orthotists and prosthetists at times and places
8 as it may determine. The examination of applicants shall be
9 of a character to fairly test the qualifications of the
10 applicant to practice orthotics or prosthetics.
11 (b) Applicants for examination as orthotists and as
12 prosthetists shall be required to pay, either to the
13 Department or the designated testing service, a fee covering
14 the cost of providing the examination. Failure to appear
15 for the examination on the scheduled date at the time and
16 place specified after the applicant's application for
17 examination has been received and acknowledged by the
18 Department or the designated testing service shall result in
19 the forfeiture of the examination fee.
20 (c) If an applicant neglects, fails, or refuses to take
21 an examination or fails to pass an examination for a license
22 under this Act within 3 years after filing his or her
23 application, the application shall be denied. However, the
24 applicant may make a new application accompanied by the
25 required fee.
26 (d) The Department shall set by rule the maximum number
27 of attempts that an applicant may make to pass the
28 examination within a specified period of time. The Department
29 shall also determine any further training required before a
30 reexamination.
31 (e) The Department may employ consultants for the
32 purpose of preparing and conducting examinations. Applicants
33 for an examination as an orthotist or a prosthetist shall be
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1 required to pay, either to the Department or to the
2 designated testing service, a fee covering the cost of
3 providing the examination.
4 Section 45. Implementation of Act.
5 (a) Within 6 months after the effective date of this
6 Act, all persons practicing orthotics or prosthetics or
7 representing themselves to be practitioners of orthotics or
8 prosthetics shall make application to the Department on forms
9 provided by the Department and shall pay the appropriate
10 application fee.
11 (b) From 6 months after the effective date of this Act
12 until June 30, 1999, no person shall engage in the practice
13 of orthotics or prosthetics without a license or a
14 certificate of registration.
15 (c) Until June 30, 1999, a person certified as a
16 Certified Orthotist (CO), Certified Prosthetist (CP), or
17 Certified Prosthetist and Orthotist (CPO) by the American
18 Board for Certification in Prosthetics and Orthotics,
19 Incorporated, or holding similar certifications from other
20 accrediting bodies with equivalent educational requirements,
21 may apply for and shall be granted licensure under this Act
22 on payment of the required fee. After that date, all
23 applicants for licensure as an orthotist or a prosthetist
24 shall meet the requirements of Section 35 of this Act.
25 (d) A person who does not qualify for licensure under
26 Section 35 or subsection (c) of this Section shall not
27 practice orthotics or prosthetics without a certificate of
28 registration. Until June 30, 1998, the Department shall issue
29 a nonrenewable certificate of registration to an applicant on
30 payment of a $20 fee. The certificate of registration shall
31 automatically expire on June 30, 1999. A registrant issued a
32 certificate under this subsection shall be subject to the
33 disciplinary provisions of this Act in the same manner as a
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1 licensee.
2 (e) On and after July 1, 1999, no person shall practice
3 orthotics or prosthetics in this State or hold himself or
4 herself out as being able to practice either profession,
5 unless he or she is licensed in accordance with Section 35 of
6 this Act.
7 (f) Notwithstanding any other provision of this Section,
8 a person who has practiced full time for the past 7 years in
9 a prosthetic/orthotic facility as an orthotist, prosthetist,
10 prosthetist/orthotist, assistant, or technician on the
11 effective date of this Act may file an application with the
12 Board within 180 days of the effective date of this Act in
13 order to continue to practice orthotics or prosthetics at his
14 or her identified level of practice. The applicant shall be
15 issued a license or certificate of registration to practice
16 orthotics or prosthetics under the provision of this Act
17 without examination upon receipt by the Department of payment
18 of the licensing or registration fee required under Section
19 65 of this Act and after the Board has completed an
20 investigation of the applicant's work history. The Board
21 shall complete its investigation for the purposes of this
22 Section within 6 months of the date of the application. The
23 investigation may include but is not limited to completion by
24 the applicant of a questionnaire regarding the applicant's
25 work history and scope of practice.
26 Section 50. Renewal; restoration; military service.
27 (a) The expiration date and renewal period for each
28 license issued under this Act shall be set by rule of the
29 Department. The Board shall establish continuing education
30 requirements for the renewal of a license. These requirements
31 shall be based on established standards of competence.
32 (b) A person who has permitted his or her license to
33 expire or who has had his or her license on inactive status
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1 may have his or her license restored by making application to
2 the Department and filing proof acceptable to the Department
3 of his or her fitness to have his or her license restored,
4 including but not limited to sworn evidence certifying to
5 active practice in another jurisdiction satisfactory to the
6 Department, and by paying the required restoration fee. If
7 the person has not maintained an active practice in another
8 jurisdiction satisfactory to the Department, the Board shall
9 determine, by an evaluation program established by rule, his
10 or her fitness to resume active status and may require the
11 person to complete a period of evaluated clinical experience
12 and may require successful completion of a practical
13 examination.
14 (c) A person whose license expired while he or she was
15 (1) in federal Service on active duty with the Armed Forces
16 of the United States or with the State Militia called into
17 service or training or (2) in training or education under the
18 supervision of the United States preliminary to induction
19 into the military service, may have his or her license
20 renewed or restored without paying a lapsed renewal fee if,
21 within 2 years after termination from the service, training,
22 or education except under conditions other than honorable, he
23 or she furnished the Department with satisfactory evidence to
24 the effect that he or she has been so engaged and that his or
25 her service, training, or education has been so terminated.
26 Section 55. Elective inactive status. A person who
27 notifies the Department in writing on forms prescribed by the
28 Department may elect to place his or her license on an
29 inactive status and shall, subject to rules of the
30 Department, be excused from payment of renewal fees until he
31 or she notifies the Department in writing of his or her
32 desire to resume active status.
33 A person requesting restoration from inactive status
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1 shall be required to pay the current renewal fee and shall be
2 required to restore his or her license as provided in Section
3 50 of this Act.
4 An orthotist or prosthetist whose license is on an
5 inactive status shall not practice orthotics or prosthetics
6 in this State.
7 Section 60. Endorsement; temporary license; residency
8 registration.
9 (a) The Department may, at its discretion, license as
10 either an orthotist or as a prosthetist, without examination
11 and on payment of the required fee, an applicant who is an
12 orthotist or prosthetist who is (1) licensed under the laws
13 of another state, territory, or country, if the requirements
14 for licensure in that state, territory, or country in which
15 the applicant was licensed were, at the date of his or her
16 licensure, substantially equal to the requirements in force
17 in this State on that date or (2) certified by a national
18 certification organization with educational and testing
19 standards equal to or more stringent than the licensing
20 requirements of this State.
21 (b) The Board may issue a temporary license to a person
22 who:
23 (1) has become a resident of this State within the
24 last 6 months or who has moved to this State with the
25 intent to fulfill residency requirements;
26 (2) has applied for a license as an orthotist,
27 prosthetist, or prosthetist/orthotist; and
28 (3) has been licensed by a state of former
29 residence that has licensing requirements equal to or
30 more stringent than the requirements of this Act.
31 A temporary license shall be valid for one year from the
32 date of issuance, and may be renewed upon presentation of
33 good cause to the Board for up to one additional year.
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1 (c) The Board may issue an orthotic or prosthetic
2 residency registration certificate to a person who has a
3 bachelor's degree from a college or university approved by
4 the Board, has completed an educational program accredited by
5 the Commission on Accreditation of Allied Health Education
6 Programs, and who is working toward fulfilling the
7 requirements for licensing as an orthotist, prosthetist, or
8 prosthetist/orthotist in a residency program accredited by
9 the National Commission on Orthotic and Prosthetic Education.
10 A residency registrant may only work under the direct and
11 immediate supervision of a licensed orthotist or prosthetist
12 who shall be responsible for the acts of the residency
13 registrant. A residency registration certificate is valid for
14 no more than 2 years from the date of issuance and may be
15 renewed once for an additional 2-year period.
16 Section 65. Fees. The following fees are not refundable:
17 (1) The fee for application for a license as an
18 orthotist or a prosthetist is $25.
19 (2) The fee for the renewal of a license as an
20 orthotist, prosthetist, or orthotist/prosthetist shall be
21 calculated at the rate of $25 per year.
22 (3) The fee for the restoration of a license other
23 than from inactive status is $10, plus payment of all
24 lapsed renewal fees, but not to exceed $135.
25 (4) The fee for the issuance of a duplicate license
26 or certificate of registration, for the issuance of a
27 replacement license or certificate for a license or
28 certificate that has been lost or destroyed, or for the
29 issuance of a license or certificate with a change of
30 name or address other than during the renewal period is
31 $10. No fee is required for name and address changes on
32 Department records when no duplicate license or
33 certificate is issued.
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1 (5) The fee for a certification of a licensee's or
2 registrant's record for any purpose is $10.
3 (6) The fee to have the scoring of an examination
4 administered by the Department reviewed and verified is
5 $10, plus any fees charged by the applicable testing
6 service.
7 (7) The fee for a wall certificate showing
8 licensure shall be the actual cost of producing the
9 certificate.
10 (8) The fee for a roster of persons licensed or
11 registered as an orthotist, prosthetist, or
12 orthotist/prosthetist in this State shall be the actual
13 cost of reproducing the roster.
14 Section 70. Roster of licensees and registrants. The
15 Department shall maintain a current roster of the names and
16 addresses of all licensees, registrants (until July 1, 1999),
17 and all persons whose licenses have been suspended or revoked
18 within the previous year. This roster shall be available
19 upon written request and payment of the required fee.
20 Section 75. Practice by corporations. Nothing in this
21 Act shall restrict licensees or registrants from forming
22 professional service corporations under the provisions of the
23 Professional Service Corporation Act.
24 Section 80. Grounds for discipline.
25 (a) The Department may refuse to issue or renew a
26 license, may revoke or suspend a license, or may suspend,
27 place on probation, censure, or reprimand a licensee for any
28 one or combination of the following:
29 (1) Making a material misstatement in furnishing
30 information to the Department or the Board.
31 (2) Violations of or negligent or intentional
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1 disregard of this Act or its rules.
2 (3) Conviction of any crime that, under the laws of
3 the United States or of a state or territory of the
4 United States, is a felony or a misdemeanor, an essential
5 element of which is dishonesty, or of a crime that is
6 directly related to the practice of the profession.
7 (4) Making a misrepresentation for the purpose of
8 obtaining a license.
9 (5) Professional incompetence.
10 (6) Malpractice.
11 (7) Aiding or assisting another person in violating
12 a provision of this Act or its rules.
13 (8) Failing, within 60 days, to provide information
14 in response to a written request made by the Department.
15 (9) Engaging in dishonorable, unethical, or
16 unprofessional conduct or conduct of a character likely
17 to deceive, defraud, or harm the public.
18 (10) Habitual intoxication or addiction to the use
19 of drugs.
20 (11) Discipline by another state or territory of
21 the United States, the federal government, or foreign
22 nation, if at least one of the grounds for the discipline
23 is the same or substantially equivalent to one set forth
24 in this Section.
25 (12) Directly or indirectly giving to or receiving
26 from a person, firm, corporation, partnership, or
27 association a fee, commission, rebate, or other form of
28 compensation for professional services not actually or
29 personally rendered.
30 (13) A finding by the Board that the licensee or
31 registrant, after having his or her license placed on
32 probationary status has violated the terms of probation.
33 (14) Abandonment of a patient or client.
34 (15) Willfully making or filing false records or
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1 reports in his or her practice, including but not limited
2 to false records filed with State agencies or
3 departments.
4 (16) Willfully failing to report an instance of
5 suspected child abuse or neglect as required by the
6 Abused and Neglected Child Reporting Act.
7 (17) Physical illness, including but not limited to
8 deterioration through the aging process or loss of motor
9 skill, which results in the inability to practice the
10 profession with reasonable judgement, skill, or safety.
11 (18) Solicitation of professional services using
12 false or misleading advertising.
13 (b) The determination by a circuit court that a licensee
14 or registrant is subject to involuntary admission or judicial
15 admission, as provided in the Mental Health and Developmental
16 Disabilities Code, operates as an automatic suspension. The
17 suspension will end only upon (i) a finding by a court that
18 the patient is no longer subject to involuntary admission or
19 judicial admission and the court issues an order so finding
20 and discharging the patient and (ii) upon the recommendation
21 of the Board to the Director that the licensee or registrant
22 be allowed to resume his or her practice.
23 Section 85. Injunction; cease and desist order.
24 (a) If any person violates a provision of this Act, the
25 Director may, in the name of the People of the State of
26 Illinois and through the Attorney General of the State of
27 Illinois, petition for an order enjoining the violation or
28 for an order enforcing compliance with this Act. Upon the
29 filing of a verified petition in court, the court may issue a
30 temporary restraining order, without notice or bond, and may
31 preliminarily and permanently enjoin the violation, and if it
32 is established that the person has violated or is violating
33 the injunction, the court may punish the offender for
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1 contempt of court. Proceedings under this Section shall be in
2 addition to, and not in lieu of, all other remedies and
3 penalties provided by this Act.
4 (b) If a person practices as an orthotist, prosthetist,
5 or orthotist/prosthetist, or holds himself or herself out as
6 an orthotist, prosthetist, or orthotist/prosthetist, without
7 being licensed or registered under the provisions of this
8 Act, then any other licensed or registered orthotist,
9 prosthetist, or orthotist/prosthetist, any interested party,
10 or any person injured by the person may, in addition to the
11 Director, petition for relief as provided in subsection (a)
12 of this Section.
13 (c) Whenever in the opinion of the Department a person
14 violates a provision of this Act, the Department may issue a
15 rule to show cause why an order to cease and desist should
16 not be entered against him or her. The rule shall clearly set
17 forth the grounds relied upon by the Department and shall
18 provide a period of 7 days from the date of the rule to file
19 an answer to the satisfaction of the Department. Failure to
20 answer to the satisfaction of the Department shall cause an
21 order to cease and desist to be issued immediately.
22 Section 90. Investigations; notice and hearing. The
23 Department may investigate the actions of an applicant or of
24 a person or persons holding or claiming to hold a license.
25 The Department shall, before refusing to issue or renew a
26 license, at least 10 days prior to the date set for the
27 hearing, notify in writing the applicant for or holder of a
28 license of the nature of the charges and that a hearing will
29 be held on the date designated. The written notice may be
30 served by personal delivery or by certified or registered
31 mail to the respondent at the address of his or her last
32 notification to the Department. At the time and place fixed
33 in the notice, the Board shall proceed to hear the charges
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1 and the parties or their counsel shall be afforded ample
2 opportunity to present statements, testimony, evidence, and
3 argument that may be pertinent to the charges or to the
4 defense to the charges. The Board may continue the hearing
5 from time to time.
6 Section 95. Transcript. The Department, at its expense,
7 shall preserve a record of all proceedings at the formal
8 hearing of a case involving the refusal to issue or renew a
9 license. The notice of hearing, complaint, and all other
10 documents in the nature of pleadings and written motions
11 filed in the proceedings, the transcript of testimony, the
12 report of the Board, and orders of the Department shall be in
13 the record of the proceeding.
14 Section 100. Compelling testimony. A circuit court may,
15 upon application of the Director or his or her designee or of
16 the applicant or licensee against whom proceedings under
17 Section 90 of this Act are pending, enter an order requiring
18 the attendance of witnesses and their testimony and requiring
19 the production of documents, papers, files, books, and
20 records in connection with a hearing or investigation. The
21 court may compel obedience to its order through contempt
22 proceedings.
23 Section 105. Board findings and recommendations. At the
24 conclusion of the hearing the Board shall present to the
25 Director a written report of its findings and
26 recommendations. The report shall contain a finding whether
27 or not the accused person violated this Act or failed to
28 comply with the conditions required in this Act. The Board
29 shall specify the nature of the violation or failure to
30 comply and shall make its recommendations to the Director.
31 The report of findings and recommendations of the Board
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1 shall be the basis for the Department's order for the refusal
2 or for the granting of a license, unless the Director shall
3 determine that the Board report is contrary to the manifest
4 weight of the evidence, in which case the Director may issue
5 an order in contravention to the Board report. The finding
6 is not admissible in evidence against the person in a
7 criminal prosecution brought for a violation of this Act, but
8 the hearing and finding are not a bar to a criminal
9 prosecution brought for a violation of this Act.
10 Section 110. Motion for rehearing. In any case involving
11 the refusal to issue or renew a license or the discipline of
12 a licensee, a copy of the Board's report shall be served upon
13 the respondent by the Department, either personally or as
14 provided in this Act for the service of the notice of
15 hearing. Within 20 days after service, the respondent may
16 present to the Department a motion in writing for a
17 rehearing, which shall specify the particular grounds for
18 rehearing. If no motion for rehearing is filed, then upon the
19 expiration of the time specified for filing the motion, or if
20 a motion for rehearing is denied, then upon the denial, the
21 Director may enter an order in accordance with
22 recommendations of the Board except as provided in Section
23 105 of this Act. If the respondent shall order from the
24 reporting service, and pay for a transcript of the record
25 within the time for filing a motion for rehearing the 20-day
26 period within which the motion may be filed shall commence
27 upon the delivery of the transcript to the respondent.
28 Section 115. Rehearing on order of Director. Whenever
29 the Director is not satisfied that substantial justice has
30 been done in the revocation, suspension, or refusal to issue
31 or renew a license, the Director may order a rehearing by the
32 same or other examiners.
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1 Section 120. Appointment of hearing officer. The
2 Director shall have the authority to appoint an attorney
3 licensed to practice law in the State of Illinois to serve as
4 a hearing officer in an action for refusal to issue or renew
5 a license or to discipline a licensee. The hearing officer
6 shall have full authority to conduct the hearing. The
7 hearing officer shall report his or her findings and
8 recommendations to the Board and the Director. The Board
9 shall have 60 days from receipt of the report to review the
10 report of the hearing officer and present its findings of
11 fact, conclusions of law, and recommendations to the
12 Director. If the Board fails to present its report within
13 the 60-day period, the Director shall issue an order based on
14 the report of the hearing officer. If the Director
15 determines that the Board's report is contrary to the
16 manifest weight of the evidence, he or she may issue an order
17 in contravention of the Board's report.
18 Section 125. Order or certified copy. An order or a
19 certified copy of an order, over the seal of the Department
20 and purporting to be signed by the Director, shall be prima
21 facie proof:
22 (1) that the signature is the genuine signature of
23 the Director;
24 (2) that the Director is duly appointed and
25 qualified; and
26 (3) that the Board and its members are qualified to
27 act.
28 Section 130. Restoration of suspended or revoked license.
29 At any time after the suspension or revocation of any
30 license, the Department may restore the license to the
31 accused person upon the written recommendation of the Board
32 unless, after an investigation and a hearing, the Board
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1 determines that restoration is not in the public interest.
2 Section 135. Surrender of license. Upon the revocation
3 or suspension of a license, the licensee shall immediately
4 surrender the license to the Department and if the licensee
5 fails to do so, the Department shall have the right to seize
6 the license.
7 Section 140. Temporary suspension of a license. The
8 Director may temporarily suspend the license of an orthotist,
9 prosthetist, or orthotist/prosthetist without a hearing,
10 simultaneously with the institution of proceedings for a
11 hearing provided for in Section 90 of this Act, if the
12 Director finds that evidence in his or her possession
13 indicates that a licensee's continuation in practice would
14 constitute an imminent danger to the public. If the Director
15 temporarily suspends a license without a hearing, a hearing
16 by the Board must be held within 30 days after the suspension
17 has occurred.
18 Section 145. Administrative Review Law; Venue. All final
19 administrative decisions of the Department are subject to
20 judicial review pursuant to the provisions of the
21 Administrative Review Law and its rules. The term
22 "administrative decision" is defined as in Section 3-101 of
23 the Administrative Review Law.
24 Proceedings for judicial review shall be commenced in the
25 circuit court of the county in which the party applying for
26 review resides, but if the party is not a resident of this
27 State, the venue shall be in Sangamon County.
28 Section 150. Certifications of record; costs. The
29 Department shall not be required to certify any record to the
30 Court or file any answer in court or otherwise appear in any
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1 court in a judicial review proceeding unless there is filed
2 in the court, with the complaint, a receipt from the
3 Department acknowledging payment of the costs of furnishing
4 and certifying the record, which shall be computed at the
5 rate of 20 cents per page of the record. Failure on the part
6 of a plaintiff to file a receipt in court shall be grounds
7 for dismissal of the action.
8 Section 155. Penalties. A person who is found to have
9 violated a provision of this Act is guilty of a Class A
10 misdemeanor for a first offense and is guilty of a Class 4
11 felony for a second or subsequent offense.
12 Section 160. Illinois Administrative Procedure Act. The
13 Illinois Administrative Procedure Act is hereby expressly
14 adopted and incorporated in this Act as if all of the
15 provisions of that Act were included in this Act, except
16 that the provision of paragraph (c) of Section 16 of The
17 Illinois Administrative Procedure Act, which provides that at
18 hearings the licensee has the right to show compliance with
19 all lawful requirements for retention, continuation, or
20 renewal of the license, is specifically excluded and for
21 purposes of this Act, the notice required under Section 10 of
22 the Illinois Administrative Procedure Act is deemed
23 sufficient when mailed to the last known address of a party.
24 Section 165. Home rule preemption. It is declared to be
25 the public policy of this State, pursuant to paragraph (h) of
26 Section 6 of Article VII of the Illinois Constitution of 1970
27 that a power or function set forth in this Act to be
28 exercised by the State is an exclusive State power or
29 function. No power or function granted under this Act shall
30 be exercised concurrently, either directly or indirectly, by
31 a unit of local government, including home rule units,
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1 except as otherwise provided in this Act.
2 Section 170. Orthotics and Prosthetics License Fund.
3 There is created the Orthotics and Prosthetics License Fund
4 as a special fund in the State Treasury. All moneys collected
5 by the Department under this Act shall be deposited into the
6 Fund and shall be used, pursuant to appropriation, by the
7 Department to administer and enforce this Act.
8 Section 250. The Regulatory Agency Sunset Act is amended
9 by adding Section 4.18 as follows:
10 (5 ILCS 80/4.18 new)
11 Sec. 4.18. Act repealed on January 1, 2008. The
12 following Act is repealed on January 1, 2008:
13 The Orthotics and Prosthetics Practice Act.
14 (30 ILCS 105/5.449 new)
15 Section 300. The State Finance Act is amended by adding
16 Section 5.449 as follows:
17 Sec. 5.449. The Orthotics and Prosthetics License Fund.