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90_HB2687ham001
LRB9009839LDpkam
1 AMENDMENT TO HOUSE BILL 2687
2 AMENDMENT NO. . Amend House Bill 2687 by replacing
3 the title with the following:
4 "AN ACT in relation to functions of State government,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Orthotics, Prosthetics, and Pedorthics Practice Act.
10 Section 5. Declaration of public policy. The practice
11 of orthotics and prosthetics in the State of Illinois is an
12 allied health profession recognized by the American Medical
13 Association, with educational standards established by the
14 Commission on Accreditation of Allied Health Education
15 Programs. The practice of pedorthics in the State of
16 Illinois is an allied health profession recognized by the
17 American Academy of Orthopaedic Surgeons, with educational
18 standards established by the Board for Certification in
19 Pedorthics. The increasing population of elderly and
20 physically challenged individuals who need orthotic,
21 prosthetic, and pedorthic services requires that the
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1 orthotic, prosthetic, and pedorthic professions be regulated
2 to ensure the provision of high-quality services and devices.
3 The people of Illinois deserve the best care available, and
4 will benefit from the assurance of initial and ongoing
5 professional competence of the orthotists, prosthetists, and
6 pedorthists practicing in this State. The practice of
7 orthotics, prosthetics, and pedorthics serves to improve and
8 enhance the lives of individuals with disabilities by
9 enabling them to resume productive lives following serious
10 illness, injury, or trauma. Unregulated dispensing of
11 orthotic, prosthetic, and pedorthic care does not adequately
12 meet the needs or serve the interests of the public. In
13 keeping with State requirements imposed on similar health
14 disciplines, licensure of the orthotic, prosthetic, and
15 pedorthic professions will help ensure the health and safety
16 of consumers, as well as maximize their functional abilities
17 and productivity levels. This Act shall be liberally
18 construed to best carry out these subjects and purposes.
19 Section 10. Definitions. As used in this Act:
20 "Assistant" means a person who assists an orthotist,
21 prosthetist, or prosthetist/orthotist with patient care
22 services and fabrication of orthoses or prostheses under the
23 supervision of a licensed orthotist or prosthetist.
24 "Board" means the Board of Orthotics, Prosthetics, and
25 Pedorthics.
26 "Custom" means that an orthosis, prosthesis, or pedorthic
27 device is designed, fabricated, and aligned specifically for
28 one person in accordance with sound biomechanical principles.
29 "Custom fitted" means that a prefabricated orthosis,
30 prosthesis, or pedorthic device is modified and aligned
31 specifically for one person in accordance with sound
32 biomechanical principles.
33 "Department" means the Department of Professional
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1 Regulation.
2 "Director" means the Director of Professional Regulation.
3 "Facility" means the business location where orthotic,
4 prosthetic, or pedorthic care is provided and, in the case of
5 an orthotic/prosthetic facility, has the appropriate clinical
6 and laboratory space and equipment to provide comprehensive
7 orthotic or prosthetic care and, in the case of a pedorthic
8 facility, has the appropriate clinical space and equipment to
9 provide pedorthic care. Licensed orthotists, prosthetists,
10 and pedorthists must be available to either provide care or
11 supervise the provision of care by registered staff.
12 "Licensed orthotist" means a person licensed under this
13 Act to practice orthotics and who represents himself or
14 herself to the public by title or description of services
15 that includes the term "orthotic", "orthotist", "brace", or a
16 similar title or description of services.
17 "Licensed pedorthist" means a person licensed under this
18 Act to practice pedorthics and who represents himself or
19 herself to the public by the title or description of services
20 that include the term "pedorthic", "pedorthist", or a similar
21 title or description of services.
22 "Licensed physician" means a person licensed to practice
23 medicine in all its branches under the Medical Practice Act
24 of 1987.
25 "Licensed podiatrist" means a person licensed under the
26 Podiatric Medical Practice Act of 1987.
27 "Licensed prosthetist" means a person licensed under this
28 Act to practice prosthetics and who represents himself or
29 herself to the public by title or description of services
30 that includes the term "prosthetic", "prosthetist",
31 "artificial limb", or a similar title or description of
32 services.
33 "Orthosis" means a custom-fabricated or custom-fitted
34 brace or support designed to provide for alignment,
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1 correction, or prevention of neuromuscular or musculoskeletal
2 dysfunction, disease, injury, or deformity. "Orthosis" does
3 not include fabric or elastic supports, corsets, arch
4 supports, low-temperature plastic splints, trusses, elastic
5 hoses, canes, crutches, soft cervical collars, dental
6 appliances, or other similar devices carried in stock and
7 sold as "over-the-counter" items by a drug store, department
8 store, corset shop, or surgical supply facility.
9 "Orthotic and Prosthetic Education Program" means a
10 course of instruction accredited by the Commission on
11 Accreditation of Allied Health Education Programs, consisting
12 of (i) a basic curriculum of college level instruction in
13 math, physics, biology, chemistry, and psychology and (ii) a
14 specific curriculum in orthotic or prosthetic courses,
15 including: (A) lectures covering pertinent anatomy,
16 biomechanics, pathomechanics, prosthetic-orthotic components
17 and materials, training and functional capabilities,
18 prosthetic or orthotic performance evaluation, prescription
19 considerations, etiology of amputations and disease processes
20 necessitating prosthetic or orthotic use, and medical
21 management; (B) subject matter related to pediatric and
22 geriatric problems; (C) instruction in acute care
23 techniques, such as immediate and early post-surgical
24 prosthetics, fracture bracing, and halo cast techniques; and
25 (D) lectures, demonstrations, and laboratory experiences
26 related to the entire process of measuring, casting, fitting,
27 fabricating, aligning, and completing prostheses or orthoses.
28 "Orthotic and prosthetic scope of practice" means a list
29 of tasks, with relative weight given to such factors as
30 importance, criticality, and frequency, based on
31 internationally accepted standards of orthotic and prosthetic
32 care as outlined by the International Society of Prosthetics
33 and Orthotics' professional profile for Category I and
34 Category III orthotic and prosthetic personnel.
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1 "Orthotics" means the science and practice of evaluating,
2 measuring, designing, fabricating, assembling, fitting,
3 adjusting, or servicing an orthosis under an order from a
4 licensed physician, chiropractor, or podiatrist for the
5 correction or alleviation of neuromuscular or musculoskeletal
6 dysfunction, disease, injury, or deformity.
7 "Orthotist" means a person who measures, designs,
8 fabricates, fits, or services orthoses and assists in the
9 formulation of the prescription of orthoses as prescribed by
10 a licensed physician for the support or correction of
11 disabilities caused by neuro-musculoskeletal diseases,
12 injuries, or deformities.
13 "Over-the-counter" means a prefabricated, mass produced
14 device that is prepackaged and requires no professional
15 advice or judgement in either size selection or use,
16 including fabric or elastic supports, corsets, generic arch
17 supports, elastic hoses.
18 "Pedorthic device" means therapeutic footwear, foot
19 orthoses for use at the ankle or below, and modified footwear
20 made for therapeutic purposes. "Pedorthic device" does not
21 include non-therapeutic accommodative inlays or
22 non-therapeutic accommodative footwear, regardless of method
23 of manufacture, shoe modifications made for non-therapeutic
24 purposes, unmodified, over-the-counter shoes, or
25 prefabricated foot care products.
26 "Pedorthic education program" means a course of
27 instruction accredited by the Board for Certification in
28 Pedothics consisting of (i) a basic curriculum of instruction
29 in foot related pathology of diseases, anatomy, and
30 biomechanics and (ii) a specific curriculum in pedorthic
31 courses, including, lectures covering shoes, foot orthoses,
32 and shoe modifications, pedorthic components and materials,
33 training and functional capabilities, pedorthic performance
34 evaluation, prescription considerations, etiology of disease
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1 processes necessitating use of pedorthic devices, medical
2 management, subject matter related to pediatric and geriatric
3 problems, and lectures demonstrations, and laboratory
4 experiences related to the entire process of measuring and
5 casting, fitting, fabricating, aligning, and completing
6 pedorthic devices.
7 "Pedorthic scope of practice" means a list of tasks with
8 relative weight given to such factors as importance,
9 criticality, and frequency based on nationally accepted
10 standards of pedorthic care as outlined by the Board for
11 Certification in Pedorthics' comprehensive analysis with an
12 empirical validation study of the profession performed by an
13 independent testing company.
14 "Pedorthics" means the science and practice of
15 evaluating, measuring, designing, fabricating, assembling,
16 fitting, adjusting, or servicing a pedorthic device under an
17 order from a licensed physician, chiropractor or podiatrist
18 for the correction or alleviation of neuromuscular or
19 musculoskeletal dysfunction, disease, injury, or deformity.
20 "Pedorthist" means a person who measures, designs,
21 fabricates, fits, or services pedorthic devices and assists
22 in the formulation of the prescription of pedorthic devices
23 as prescribed by a licensed physician for the support or
24 correction of disabilities caused by neuro-musculoskeletal
25 diseases, injuries, or deformities.
26 "Person" means a natural person.
27 "Prosthesis" means an artificial medical device that is
28 not surgically implanted and that is used to replace a
29 missing limb, appendage, or any other external human body
30 part including an artificial limb, hand, or foot.
31 "Prosthesis" does not include artificial eyes, ears, fingers,
32 or toes, dental appliances, cosmetic devices such as
33 artificial breasts, eyelashes, or wigs, or other devices that
34 do not have a significant impact on the musculoskeletal
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1 functions of the body.
2 "Prosthetics" means the science and practice of
3 evaluating, measuring, designing, fabricating, assembling,
4 fitting, adjusting, or servicing a prosthesis under an order
5 from a licensed physician.
6 "Prosthetist" means a person who measures, designs,
7 fabricates, fits, or services prostheses and assists in the
8 formulation of the prescription of prostheses as prescribed
9 by a licensed physician for the replacement of external parts
10 of the human body lost due to amputation or congenital
11 deformities or absences.
12 "Prosthetist/orthotist" means a person who practices both
13 disciplines of prosthetics and orthotics and who represents
14 himself or herself to the public by title or by description
15 of services.
16 "Registered prosthetist/orthotist assistant" means a
17 person registered under this Act who assists a licensed
18 orthotist or prosthetist with patient care services and the
19 fabrication of orthoses or prostheses.
20 "Registered pedorthic technician" means a person
21 registered under this Act who assists a pedorthist with
22 fabrication of pedorthic devices.
23 "Registered prosthetic/orthotic technician" means a
24 person registered under this Act who assists an orthotist or
25 prosthetist with fabrication of orthoses or prostheses.
26 "Resident" means a person who has completed an education
27 program in either orthotics or prosthetics and is continuing
28 his or her clinical education in a residency accredited by
29 the National Commission on Orthotic and Prosthetic Education
30 "Technician" means a person who assists an orthotist,
31 prosthetist, prosthetist/orthotist, or pedorthist with
32 fabrication of orthoses, prostheses, or pedorthic devices but
33 does not provide direct patient care.
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1 Section 15. Exceptions. This Act shall not be construed
2 to prohibit:
3 (1) a physician licensed in this State to practice
4 medicine in all its branches from engaging in the practice
5 for which he or she is licensed;
6 (2) a person licensed in this State under any other Act
7 from engaging in the practice for which he or she is
8 licensed;
9 (3) the practice of orthotics, prosthetics, or
10 pedorthics by a person who is employed by the federal
11 government or any bureau, division, or agency of the federal
12 government while in the discharge of the employee's official
13 duties;
14 (4) the practice of orthotics, prosthetics, or
15 pedorthics by (i) a student enrolled in a school of
16 orthotics, prosthetics, or pedorthics, (ii) a resident
17 continuing his or her clinical education in a residency
18 accredited by the National Commission on Orthotic and
19 Prosthetic Education, or (iii) a student in a qualified work
20 experience program or internship in pedorthics; or
21 (5) the practice of orthotics, prosthetics, or
22 pedorthics by one who is an orthotist, prosthetist, or
23 pedorthist licensed under the laws of another state or
24 territory of the United States or another country and has
25 applied in writing to the Department, in a form and substance
26 satisfactory to the Department, for a license as orthotist,
27 prosthetist, or pedorthist and who is qualified to receive
28 the license under Section 40 until (i) the expiration of 6
29 months after the filing of the written application, (ii) the
30 withdrawal of the application, or (iii) the denial of the
31 application by the Department.
32 Section 20. Powers and duties of the Department.
33 (a) The Department shall exercise the powers and duties
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1 prescribed by the Civil Administrative Code of Illinois for
2 the administration of licensure Acts and shall exercise other
3 powers and duties necessary for effectuating the purposes of
4 this Act.
5 (b) The Department may adopt rules to administer and
6 enforce this Act including, but not limited to, fees for
7 original licensure and renewal and restoration of licenses
8 and may prescribe forms to be issued to implement its rules.
9 The Department shall exercise the powers and duties
10 prescribed by this Act. At a minimum, the rules adopted by
11 the Department shall include standards and criteria for
12 licensure and for professional conduct and discipline. The
13 Department shall consult with the Board in adopting rules.
14 Notice of proposed rulemaking shall be transmitted to the
15 Board, and the Department shall review the Board's response
16 and any recommendations made in writing with proper
17 explanation of deviations from the Board's recommendations
18 and response.
19 (c) The Department at any time may seek the expert
20 advice and knowledge of the Board on any matter relating to
21 the enforcement of this Act.
22 (d) The Department shall issue a quarterly report to the
23 Board of the status of all complaints related to the
24 profession and filed with the Department.
25 (e) Department may adopt rules as necessary to establish
26 eligibility for facility registration and standards.
27 Section 25. Board of Orthotics, Prosthetics, and
28 Pedorthics.
29 (a) There is established a Board of Orthotics,
30 Prosthetics, and Pedorthics, which shall consist of 7 voting
31 members to be appointed by the Governor. Four members shall
32 be practicing licensed orthotists, licensed prosthetists, or
33 licensed pedorthists. These members may be licensed in more
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1 than one discipline and their appointments must equally
2 represent all 3 disciplines. One member shall be a member of
3 the public who is a consumer of orthotic, prosthetic, or
4 pedorthic professional services. One member shall be a
5 public member who is not licensed under this Act or a
6 consumer of services licensed under this Act. One member
7 shall be a licensed physician.
8 (b) Each member of the Board shall serve a term of 3
9 years, except that of the initial appointments to the Board,
10 2 members shall be appointed for one year, 2 members shall be
11 appointed for 2 years, and 3 members shall be appointed for 3
12 years. Each member shall hold office and execute his or her
13 Board responsibilities until the qualification and
14 appointment of his or her successor. No member of the Board
15 shall serve more than 8 consecutive years or 2 full terms,
16 whichever is greater.
17 (c) Members of the Board shall receive as compensation a
18 reasonable sum as determined by the Director for each day
19 actually engaged in the duties of the office and shall be
20 reimbursed for reasonable expenses incurred in performing the
21 duties of the office.
22 (d) A quorum of the Board shall consist of a majority of
23 Board members currently appointed.
24 (e) The Governor may terminate the appointment of any
25 member for cause which, in the opinion of the Governor
26 reasonably justifies termination, which may include, but is
27 not limited to, a Board member who does not attend 2
28 consecutive meetings.
29 (f) Membership of the Board should reasonably reflect
30 representation from the geographic areas in this State.
31 Section 30. Board; immunity; chairperson.
32 (a) Members of the Board shall be immune from suit in
33 any action based upon any disciplinary proceeding or other
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1 activities performed in good faith as members of the Board.
2 (b) The Board shall annually elect a chairperson and
3 vice chairperson who shall be licensed under this Act.
4 Section 35. Application for original or temporary
5 license. An application for an original or temporary license
6 shall be made to the Department in writing on a form
7 prescribed by the Department and shall be accompanied by the
8 required fee, which shall not be refundable. An application
9 shall require information that in the judgement of the
10 Department will enable the Department to pass on the
11 qualifications of the applicant for a license.
12 Section 40. Qualifications for licensure as orthotist,
13 prosthetist, or pedorthist.
14 (a) To qualify for a license to practice orthotics or
15 prosthetics, a person shall:
16 (1) possess a baccalaureate degree from a college
17 or university;
18 (2) have completed the amount of formal training,
19 including, but not limited to, any hours of classroom
20 education and clinical practice established by the
21 Commission on Accreditation of Allied Health Education
22 Programs for an Orthotic and Prosthetic Education
23 Program;
24 (3) complete a clinical residency in the
25 professional area for which a license is sought in
26 accordance with standards, guidelines, or procedures for
27 residencies inside or outside this State established by
28 the National Commission on Orthotic Prosthetic Education
29 or by the Board. The majority of training must be devoted
30 to services performed under the supervision of a licensed
31 practitioner of orthotics or prosthetics or a person
32 certified as a Certified Orthotist (CO), Certified
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1 Prosthetist (CP), or Certified Prosthetist Orthotist
2 (CPO) whose certification was obtained before the
3 effective date of this Act;
4 (4) pass all written, practical, and oral
5 examinations that are required and approved by the
6 American Board for Certification in Prosthetics and
7 Orthotics, Incorporated, or hold similar certifications
8 from other accrediting bodies with equivalent educational
9 requirements and examination standards in orthotics and
10 prosthetics; or
11 (5) be qualified to practice in accordance with
12 internationally accepted standards of orthotic and
13 prosthetic care as outlined by the International Society
14 of Prosthetics and Orthotics' professional profile for
15 Category I orthotic and prosthetic personnel.
16 (b) To qualify for a license to practice pedorthics, a
17 person shall:
18 (1) possess a high school diploma or its
19 equivalent;
20 (2) have completed the amount of formal training,
21 including, but not limited to, any hours of classroom
22 education and clinical practice established by the Board
23 for Certification in Pedorthics for a Pedorthic Education
24 Program;
25 (3) complete a qualified work experience program or
26 internship in pedorthics in accordance with any
27 standards, guidelines, or procedures established by the
28 Board for Certification in Pedorthics;
29 (4) pass all examinations that are required and
30 approved by the Board for Certification in Pedorthics, or
31 hold similar certifications from other accrediting bodies
32 with equivalent educational requirements and examination
33 standards in pedorthics; and
34 (5) be qualified to practice in accordance with
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1 nationally accepted standards of pedorthic care as
2 outlined by the Board for Certification in Pedorthics.
3 (c) The standards and requirements for licensure
4 established by the Department shall be substantially equal to
5 or in excess of standards commonly accepted in the profession
6 of orthotics, prosthetics, or pedorthics. The Department
7 shall adopt rules as necessary to set the standards and
8 requirements.
9 (d) A person may be licensed in more than one
10 discipline.
11 Section 45. Examination requirement.
12 (a) The Department may authorize examinations of
13 applicants as orthotists, prosthetists, or pedorthists at
14 times and places as it may determine. The examination of
15 applicants shall be of a character to fairly test the
16 qualifications of the applicant to practice orthotics,
17 prosthetics, or pedorthics.
18 (b) Applicants for examination as orthotists,
19 prosthetists, and pedorthists shall be required to pay,
20 either to the Department or the designated testing service, a
21 fee covering the cost of providing the examination. Failure
22 to appear for the examination on the scheduled date at the
23 time and place specified after the applicant's application
24 for examination has been received and acknowledged by the
25 Department or the designated testing service shall result in
26 the forfeiture of the examination fee.
27 (c) If an applicant neglects, fails, or refuses to take
28 an examination or fails to pass an examination for a license
29 under this Act within 3 years after filing his or her
30 application, the application shall be denied. All fees are
31 nonrefundable. The applicant may make a new application for
32 examination accompanied by the required fee and must furnish
33 proof of meeting qualifications for licensure in effect at
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1 the time of new application.
2 (d) The Department shall set by rule the maximum number
3 of attempts that an applicant may make to pass the
4 examination within a specified period of time. The
5 Department shall also determine any further training required
6 before a reexamination.
7 (e) The Department may employ consultants for the
8 purpose of preparing and conducting examinations. An
9 applicant for an examination as an orthotist, a prosthetist,
10 or pedorthist shall be required to pay, either to the
11 Department or to the designated testing service, a fee
12 covering the cost of providing the examination.
13 Section 50. Qualifications for registration as an
14 assistant or technician. The Department shall adopt rules as
15 necessary to set standards and requirements for registration
16 to practice orthotics and prosthetics as an assistant or
17 orthotics, prosthetics, and pedorthics as a technician. The
18 Department may authorize examinations of applicants as an
19 orthotic or prosthetic assistant or an orthotic, prosthetic,
20 or pedorthic technician at times and places as it may
21 determine. The examination of applicants shall be of a
22 character to fairly test the qualifications of the applicant
23 to practice orthotics, prosthetics or pedorthics.
24 Section 55. Implementation of Act.
25 (a) Within 6 months after the effective date of this
26 Act, a person practicing orthotics, prosthetics, or
27 pedorthics or representing himself or herself as a
28 practitioner of orthotics, prosthetics, or pedorthics shall
29 register with the Department on forms provided by the
30 Department and shall pay the appropriate registration fee.
31 (b) From one year after the effective date of this Act
32 until January 1, 2001, no person shall engage in the practice
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1 of orthotics, prosthetics, or pedorthics without a license or
2 certificate of registration.
3 (c) Until January 1, 2000, a person certified as a
4 Certified Orthotist (CO), Certified Prosthetist (CP), or
5 Certified Prosthetist Orthotist (CPO) by the American Board
6 for Certification in Prosthetics and Orthotics, Incorporated,
7 or holding similar certifications from other accrediting
8 bodies with equivalent educational requirements and
9 examination standards may apply for and shall be granted
10 orthotic or prosthetic licensure under this Act upon payment
11 of the required fee. After that date, any applicant for
12 licensure as an orthotist or a prosthetist shall meet the
13 requirements of subsection (a) of Section 40 of this Act.
14 (d) Until January 1, 2000, a person certified as a
15 Certified Pedorthist (CPed) by the Board for Certification in
16 Pedorthics, Incorporated or a person certified as a Certified
17 Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by
18 the American Board for Certification in Prosthetics and
19 Orthotics, Incorporated, or holding similar certifications
20 from other accrediting bodies with equivalent educational
21 requirements and examination standards may apply for and
22 shall be granted pedorthic licensure under this Act upon
23 payment of the required fee. After that date, any applicant
24 for licensure as a pedorthist shall meet the requirements of
25 subsection (b) of Section 40 of this Act.
26 (e) A person who does not qualify for licensure under
27 Section 40 or subsection (c) or (d) of this Section shall not
28 practice orthotics, prosthetics, or pedorthics without a
29 certificate of registration. Until June 30, 1999, the
30 Department shall issue a nonrenewable certificate of
31 registration to an applicant upon payment of a $500 fee. The
32 certificate of registration shall automatically expire on
33 December 31, 2000. A registrant issued a certificate under
34 this subsection (e) shall be subject to the disciplinary
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1 provisions of this Act in the same manner as a licensee.
2 (f) On and after December 31, 2000, no person shall
3 practice orthotics, prosthetics, or pedorthics in this State
4 or hold himself or herself out as being able to practice
5 either profession, unless he or she is licensed in accordance
6 with Section 40 of this Act.
7 (g) 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 or in a
11 pedorthic facility as a pedorthist or pedorthic technician on
12 the effective date of this Act may file an application with
13 the Board within 60 days after the effective date of this Act
14 in order to continue to practice orthotics, prosthetics, or
15 pedorthics at his or her identified level of practice. The
16 applicant shall be issued a license or certificate of
17 registration to practice orthotics, prosthetics, or
18 pedorthics under the provisions of this Act without
19 examination upon receipt by the Department of payment of the
20 licensing or registration fee required under Section 70 of
21 this Act and after the Board has completed an investigation
22 of the applicant's work history. The Board shall complete
23 its investigation for the purposes of this Section within 6
24 months of the date of the application. The investigation may
25 include, but is not limited to, completion by the applicant
26 of a questionnaire regarding the applicant's work history and
27 scope of practice.
28 Section 57. Limitation on provision of care and
29 services. A licensed orthotist or pedorthist may provide
30 care or services only if the care or services are provided
31 pursuant to an order from a licensed physician, chiropractor,
32 or podiatrist. A licensed prosthetist may provide care or
33 services only if the care or services are provided pursuant
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1 to an order from a licensed physician.
2 Section 60. Renewal; restoration; military service.
3 (a) The expiration date and renewal period for each
4 license issued under this Act shall be set by rule of the
5 Department. The Board shall establish continuing education
6 requirements for the renewal of a license. These
7 requirements shall be based on established standards of
8 competence.
9 (b) A person who has permitted his or her license to
10 expire or who has had his or her license on inactive status
11 may have his or her license restored by (i) making
12 application to the Department, (ii) filing proof acceptable
13 to the Department of his or her fitness to have his or her
14 license restored including, but not limited to, sworn
15 evidence certifying to active practice in another
16 jurisdiction satisfactory to the Department, and (iii) paying
17 the required restoration fee. If the person has not
18 maintained an active practice in another jurisdiction
19 satisfactory to the Department, the Board shall determine, by
20 an evaluation program established by rule, his or her fitness
21 to resume active status and may require the person to
22 complete a period of evaluated clinical experience and may
23 require successful completion of an examination.
24 (c) A person whose license expired while he or she was
25 (i) in federal service on active duty within the armed forces
26 of the United States or with the State militia called into
27 service or training or (ii) in training or education under
28 the supervision of the United States preliminary to induction
29 into military service may have his or her license renewed or
30 restored without paying a lapsed renewal fee if, within 2
31 years after termination from the service, training, or
32 education except under conditions other than honorable, he or
33 she furnished the Department with satisfactory evidence that
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1 he or she has been so engaged and that his or her service,
2 training, or education has been terminated.
3 Section 65. Elective inactive status. A person who
4 notifies the Department in writing on forms prescribed by the
5 Department may elect to place his or her license on an
6 inactive status and shall, subject to rules of the
7 Department, be excused from payment of renewal fees until he
8 or she notifies the Department in writing of his or her
9 desire to resume active status.
10 A person requesting restoration from inactive status
11 shall be required to pay the current renewal fee and shall be
12 required to restore his or her license as provided in Section
13 60 of this Act.
14 An orthotist, prosthetist, or pedorthist whose license is
15 on inactive status shall not practice orthotics, prosthetics,
16 or pedorthics in this State.
17 Section 70. Endorsement; temporary license.
18 (a) The Department may, at its discretion, license as
19 either an orthotist, prosthetist, or pedorthist, without
20 examination and on payment of the required fee, an applicant
21 who is an orthotist, prosthetist, or pedorthist who is (i)
22 licensed under the laws of another state, territory, or
23 country, if the requirements for licensure in that state,
24 territory, or country in which the applicant was licensed
25 were, at the date of his or her licensure, substantially
26 equal to the requirements in force in this State on that date
27 or (ii) certified by a national certification organization
28 with educational and testing standards equal to or more
29 stringent than the licensing requirements of this State.
30 (b) The Board may issue a temporary license to a person
31 who:
32 (1) has become a resident of this State within the
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1 last 6 months or who has moved to this State with the
2 intent to fulfill residency requirements;
3 (2) has applied for a license as an orthotist,
4 prosthetist, or pedorthist; and
5 (3) has been licensed by a state of former
6 residence that has licensing requirements equal to or
7 more stringent than the requirements of this Act.
8 A temporary license shall be valid for one year from the
9 date of issuance and may be renewed upon presentation of
10 good cause to the Board for up to one additional year.
11 Section 75. Fees.
12 (a) The Department shall provide by rule for a schedule
13 of fees to be paid for licenses by all applicants. All fees
14 are not refundable.
15 (b) The fees for the administration and enforcement of
16 this Act including, but not limited to, original licensure,
17 renewal, and restoration shall be set by rule by the
18 Department.
19 (c) All fees and fines collected under this Act shall be
20 deposited into the General Professions Dedicated Fund.
21 Section 80. Roster of licensees and registrants. The
22 Department shall maintain a current roster of the names and
23 addresses of all licensees, registrants, and all persons
24 whose licenses have been suspended or revoked within the
25 previous year. This roster shall be available upon written
26 request and payment of the required fee.
27 Section 85. Practice by corporations. Nothing in this
28 Act shall restrict licensees from forming professional
29 service corporations under the provisions of the Professional
30 Service Corporation Act.
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1 Section 90. Grounds for discipline.
2 (a) The Department may refuse to issue or renew a
3 license, may revoke or suspend a license, or may suspend,
4 place on probation, censure, or reprimand a licensee for one
5 or any combination of the following:
6 (1) Making a material misstatement in furnishing
7 information to the Department or the Board.
8 (2) Violations of or negligent or intentional
9 disregard of this Act or its rules.
10 (3) Conviction of any crime that under the laws of
11 the United States or of a state or territory of the
12 United States is a felony or a misdemeanor, an essential
13 element of which is dishonesty, or of a crime that is
14 directly related to the practice of the profession.
15 (4) Making a misrepresentation for the purpose of
16 obtaining a license.
17 (5) Professional incompetence.
18 (6) Malpractice.
19 (7) Aiding or assisting another person in violating
20 a provision of this Act or its rules.
21 (8) Failing to provide information within 60 days
22 in response to a written request made by the Department.
23 (9) Engaging in dishonorable, unethical, or
24 unprofessional conduct or conduct of a character likely
25 to deceive, defraud, or harm the public.
26 (10) Habitual intoxication or addiction to the use
27 of drugs.
28 (11) Discipline by another state or territory of
29 the United States, the federal government, or foreign
30 nation, if at least one of the grounds for the discipline
31 is the same or substantially equivalent to one set forth
32 in this Section.
33 (12) Directly or indirectly giving to or receiving
34 from a person, firm, corporation, partnership, or
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1 association a fee, commission, rebate, or other form of
2 compensation for professional services not actually or
3 personally rendered.
4 (13) A finding by the Board that the licensee or
5 registrant, after having his or her license placed on
6 probationary status, has violated the terms of probation.
7 (14) Abandonment of a patient or client.
8 (15) Wilfully making or filing false records or
9 reports in his or her practice including, but not limited
10 to, false records filed with State agencies or
11 departments.
12 (16) Wilfully failing to report an instance of
13 suspected child abuse or neglect as required by the
14 Abused and Neglected Child Reporting Act.
15 (17) Physical illness including, but not limited
16 to, deterioration through the aging process or loss of
17 motor skill that results in the inability to practice the
18 profession with reasonable judgement, skill, or safety.
19 (18) Solicitation of professional services using
20 false or misleading advertising.
21 (b) The determination by a circuit court that a licensee
22 or registrant is subject to involuntary admission or judicial
23 admission, as provided in the Mental Health and Developmental
24 Disabilities Code, operates as an automatic suspension. The
25 suspension will end only upon (i) a finding by a court that
26 the patient is no longer subject to involuntary admission or
27 judicial admission and the issuance of a court order so
28 finding and discharging the patient and (ii) the
29 recommendation of the Board to the Director that the licensee
30 or registrant be allowed to resume his or her practice.
31 Section 95. Injunction; cease and desist order.
32 (a) If any person violates a provision of this Act, the
33 Director may, in the name of the People of the State of
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1 Illinois and through the Attorney General of the State of
2 Illinois, petition for an order enjoining the violation or
3 for an order enforcing compliance with this Act. Upon the
4 filing of a verified petition in court, the court may issue a
5 temporary restraining order, without notice or bond, and may
6 preliminarily and permanently enjoin the violation. If it is
7 established that the person has violated or is violating the
8 injunction, the court may punish the offender for contempt of
9 court. Proceedings under this Section shall be in addition
10 to, and not in lieu of, all other remedies and penalties
11 provided by this Act.
12 (b) If a person practices as an orthotist, prosthetist,
13 or pedorthist or holds himself or herself out as an
14 orthotist, prosthetist, or pedorthist without being licensed
15 or registered under the provisions of this Act, then any
16 other licensed or registered orthotist, prosthetist, or
17 pedorthist, any interested party, or any person injured by
18 the person may, in addition to the Director, petition for
19 relief as provided in subsection (a) of this Section.
20 (c) Whenever in the opinion of the Department a person
21 violates a provision of this Act, the Department may issue a
22 rule to show cause why an order to cease and desist should
23 not be entered against him or her. The rule shall clearly
24 set forth the grounds relied upon by the Department and shall
25 provide a period of 7 days from the date of the rule to file
26 an answer to the satisfaction of the Department. Failure to
27 answer to the satisfaction of the Department shall cause an
28 order to cease and desist to be issued immediately.
29 Section 100. Investigations; notice and hearing. The
30 Department may investigate the actions of an applicant or of
31 a person or persons holding or claiming to hold a license.
32 Before refusing to issue or renew a license, the Department
33 shall, at least 10 days prior to the date set for the
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1 hearing, notify in writing the applicant for or holder of a
2 license of the nature of the charges and that a hearing will
3 be held on the date designated. The written notice may be
4 served by personal delivery or by certified or registered
5 mail to the respondent at the address disclosed on his or her
6 last notification to the Department. At the time and place
7 fixed in the notice, the Board shall proceed to hear the
8 charges. The parties or their counsel shall be afforded
9 ample opportunity to present statements, testimony, evidence,
10 and argument that may be pertinent to the charges or to the
11 defense to the charges. The Board may continue the hearing
12 from time to time.
13 Section 105. Transcript. The Department, at its own
14 expense, shall preserve a record of all proceedings at the
15 formal hearing of a case involving the refusal to issue or
16 renew a license. The notice of hearing, complaint, and all
17 other documents in the nature of pleadings and written
18 motions filed in the proceedings, the transcript of
19 testimony, the report of the Board, and orders of the
20 Department shall be in the record of the proceeding.
21 Section 110. Compelling testimony. A circuit court may,
22 upon application of the Director or his or her designee or
23 the applicant or licensee against whom proceedings under
24 Section 100 of this Act are pending, enter an order requiring
25 the attendance of witnesses and their testimony and requiring
26 the production of documents, papers, files, books, and
27 records in connection with a hearing or investigation. The
28 court may compel obedience to its order through contempt
29 proceedings.
30 Section 115. Board findings and recommendations. At the
31 conclusion of a hearing, the Board shall present to the
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1 Director a written report of its findings and
2 recommendations. The report shall contain a finding of
3 whether or not the accused person violated this Act or failed
4 to comply with the conditions required in this Act. The
5 Board shall specify the nature of the violation or failure to
6 comply and shall make its recommendations to the Director.
7 The report of findings and recommendations of the Board shall
8 be the basis for the Department's order for the refusal or
9 for the granting of a license, unless the Director determines
10 that the Board report is contrary to the manifest weight of
11 the evidence, in which case the Director may issue an order
12 in contravention to the Board report. A Board finding is not
13 admissible in evidence against the person in a criminal
14 prosecution brought for a violation of this Act, but the
15 hearing and finding are not a bar to a criminal prosecution
16 brought for a violation of this Act.
17 Section 120. Motion for rehearing. In any case
18 involving the refusal to issue or renew a license or the
19 discipline of a licensee, a copy of the Board's report shall
20 be served upon the respondent by the Department, either
21 personally or as provided in this Act for the service of the
22 notice of hearing. Within 20 days after service, the
23 respondent may present to the Department a motion in writing
24 for a rehearing, which shall specify the particular grounds
25 for rehearing. If no motion for rehearing is filed, then
26 upon the expiration of the time specified for filing the
27 motion, or if a motion for rehearing is denied, upon the
28 denial, the Director may enter an order in accordance with
29 recommendations of the Board, except as provided in Section
30 115 of this Act. If the respondent orders from the reporting
31 service and pays for a transcript of the record within the
32 time for filing a motion for rehearing, the 20-day period
33 within which the motion may be filed shall commence upon the
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1 delivery of the transcript to the respondent.
2 Section 125. Rehearing on order of Director. Whenever
3 the Director is not satisfied that substantial justice has
4 been done in the revocation, suspension, or refusal to issue
5 or renew a license the Director may order a rehearing by the
6 same or other examiners.
7 Section 130. Appointment of hearing officer. The
8 Director shall have the authority to appoint an attorney
9 licensed to practice law in the State of Illinois to serve as
10 a hearing officer in an action for refusal to issue or renew
11 a license or to discipline a licensee. The hearing officer
12 shall have full authority to conduct the hearing. The
13 hearing officer shall report his or her findings and
14 recommendations to the Board and the Director. The Board
15 shall have 60 days from receipt of the report to review the
16 report of the hearing officer and present its findings of
17 fact, conclusions of law, and recommendations to the
18 Director. If the Board fails to present its report within
19 the 60-day period, the Director shall issue an order based on
20 the report of the hearing officer. If the Director
21 determines that the Board's report is contrary to the
22 manifest weight of the evidence, he or she may issue an order
23 in contravention of the Board's report.
24 Section 135. Order or certified copy. An order or a
25 certified copy of an order, over the seal of the Department
26 and purporting to be signed by the Director, shall be prima
27 facie proof:
28 (1) that the signature is the genuine signature of the
29 Director;
30 (2) that the Director is duly appointed and qualified;
31 and
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1 (3) that the Board and its members are qualified to act.
2 Section 140. Restoration of suspended or revoked
3 license. At any time after the suspension or revocation of
4 any license, the Department may restore the license to the
5 accused person upon the written recommendation of the Board
6 unless, after an investigation and a hearing, the Board
7 determines that restoration is not in the public interest.
8 Section 145. Surrender of license. Upon the revocation
9 or suspension of a license, the licensee shall immediately
10 surrender the license to the Department, and if the licensee
11 fails to do so, the Department shall have the right to seize
12 the license.
13 Section 150. Temporary suspension of a license. The
14 Director may temporarily suspend the license of an orthotist,
15 prosthetist, or pedorthist without a hearing simultaneously
16 with the institution of proceedings for a hearing provided
17 for in Section 95 of this Act if the Director finds that
18 evidence in his or her possession indicates that a licensee's
19 continuation in practice would constitute an imminent danger
20 to the public. If the Director temporarily suspends a
21 license without a hearing, a hearing by the Board must be
22 held within 30 days after the suspension.
23 Section 155. Administrative Review Law; venue. All
24 final administrative decisions of the Department are subject
25 to judicial review pursuant to the provisions of the
26 Administrative Review Law and its rules. The term
27 "administrative decision" has the same meaning as in Section
28 3-101 of the Administrative Review Law. Proceedings for
29 judicial review shall be commenced in the circuit court of
30 the county in which the party applying for review resides,
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1 but if the party is not a resident of this State, the venue
2 shall be in Sangamon County.
3 Section 160. Certifications of record; costs. The
4 Department shall not be required to certify any record to the
5 Court or file any answer in court or otherwise appear in any
6 court in a judicial review proceeding unless there is filed
7 in the court with the complaint a receipt from the Department
8 acknowledging payment of the costs of furnishing and
9 certifying the record, which shall be computed at the rate of
10 20 cents per page of the record. Failure on the part of a
11 plaintiff to file a receipt in court shall be grounds for
12 dismissal of the action.
13 Section 165. Penalties. A person who is found to have
14 violated a provision of this Act is guilty of a Class A
15 misdemeanor for a first offense and is guilty of a Class 4
16 felony for a second or subsequent offense.
17 Section 170. Illinois Administrative Procedure Act. The
18 Illinois Administrative Procedure Act is hereby expressly
19 adopted and incorporated in this Act as if all of the
20 provisions of that Act were included in this Act, except that
21 the provision of subsection (d) of Section 10-65 of the
22 Illinois Administrative Procedure Act, which provides that at
23 hearings the licensee has the right to show compliance with
24 all lawful requirements for retention, continuation, or
25 renewal of the license, is specifically excluded and for
26 purposes of this Act. The notice required under Section
27 10-25 of the Illinois Administrative Procedure Act is deemed
28 sufficient when mailed to the last known address of a party.
29 Section 175. Home rule preemption. It is declared to be
30 the public policy of this State, pursuant to paragraph (h) of
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1 Section 6 of Article VII of the Illinois Constitution of 1970
2 that a power or function set forth in this Act to be
3 exercised by the State is an exclusive State power or
4 function. No power or function granted under this Act shall
5 be exercised concurrently, either directly or indirectly, by
6 a unit of local government, including home rule units, except
7 as otherwise provided in this Act.
8 Section 250. The Regulatory Agency Sunset Act is amended
9 by adding Section 4.19 as follows:
10 (5 ILCS 80/4.19 new)
11 Sec. 4.19. Act repealed on January 1, 2009. The following
12 Act is repealed on January 1, 2009:
13 The Illinois Orthotics, Prosthetics, and Pedorthics
14 Practice Act.
15 Section 255. The Illinois Lottery Law is amended by
16 changing Section 19 as follows:
17 (20 ILCS 1605/19) (from Ch. 120, par. 1169)
18 Sec. 19. The Department shall establish an appropriate
19 period for the claiming of prizes for each lottery game
20 offered. Each claim period shall be stated in game rules and
21 written play instructions issued by the Director in
22 accordance with Section 7.1 of this Act. Written play
23 instructions shall be made available to all players through
24 sales agents licensed to sell game tickets or shares. Prizes
25 for lottery games which involve the purchase of a physical
26 lottery ticket may be claimed only by presentation of a valid
27 winning lottery ticket that matches validation records on
28 file with the Lottery; no claim may be honored which is based
29 on the assertion that the ticket was lost or stolen. No
30 lottery ticket which has been altered, mutilated, or fails to
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1 pass validation tests shall be deemed to be a winning ticket.
2 If no claim is made for the money within the established
3 claim period, the prize may be included in the prize pool of
4 such special drawing or drawings as the Department may, from
5 time to time, designate., provided that Unclaimed multi-state
6 game prize money may shall be included in the multi-state
7 prize pool for such special drawing or drawings as the
8 multi-state game directors may, from time to time, designate.
9 Any bonuses offered by the Department to sales agents who
10 sell winning tickets or shares shall be payable to such
11 agents regardless of whether or not the prize money on the
12 ticket or share is claimed, provided that the agent can be
13 identified as the vendor of the winning ticket or share, and
14 that the winning ticket or share was sold on or after January
15 1, 1984. All unclaimed prize money not included in the prize
16 pool of a special drawing shall be transferred to the Common
17 School Fund.
18 (Source: P.A. 87-860; 88-676, eff. 12-14-94.)
19 Section 265. The Marriage and Family Therapy Licensing
20 Act is amended by changing Sections 5, 10, 15, 35, 40, 45,
21 70, 85, and 145 as follows:
22 (225 ILCS 55/5) (from Ch. 111, par. 8351-5)
23 Sec. 5. Legislative declaration of public policy. The
24 practice of marriage and family therapy in Illinois is hereby
25 declared to affect the public health, safety and welfare, and
26 to be subject to regulations in the public interest. The
27 purpose of this Act is to establish standards of
28 qualifications for marriage and family therapists and license
29 marriage and family therapists and associate marriage and
30 family therapists who meet these standards, thereby
31 protecting the public from persons who are unauthorized or
32 unqualified to represent themselves as licensed marriage and
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1 family therapists or licensed associate marriage and family
2 therapists, and from unprofessional conduct by persons
3 licensed to practice marriage and family therapy.
4 (Source: P.A. 87-783.)
5 (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
6 Sec. 10. Definitions. As used in this Act:
7 "Advertise" means, but is not limited to, issuing or
8 causing to be distributed any card, sign or device to any
9 person; or causing, permitting or allowing any sign or
10 marking on or in any building, structure, newspaper, magazine
11 or directory, or on radio or television; or advertising by
12 any other means designed to secure public attention.
13 "Approved program" and "approved comprehensive program of
14 study in marriage and family therapy" means a graduate
15 program in a regionally accredited educational institution
16 approved by the Department for the training of marriage and
17 family therapists.
18 "Board" means the Illinois Marriage and Family Therapy
19 Licensing and Disciplinary Board.
20 "Department" means the Department of Professional
21 Regulation.
22 "Director" means the Director of the Department of
23 Professional Regulation.
24 "License" means that which is required to practice
25 marriage and family therapy under this Act, the
26 qualifications for which include specific education,
27 acceptable experience and examination requirements.
28 "Licensed marriage and family therapist" and "LMFT" mean
29 means a person to whom a license as a licensed marriage and
30 family therapist has been issued under this Act.
31 "Licensed associate marriage and family therapist" and
32 "LAMFT" mean a person to whom a license as a licensed
33 associate marriage and family therapist has been issued under
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1 this Act.
2 "Marriage and family therapy" means the evaluation and
3 treatment of mental and emotional problems within the context
4 of human relationships. Marriage and family therapy involves
5 the use of psychotherapeutic methods to ameliorate
6 interpersonal and intrapersonal conflict and to modify
7 perceptions, beliefs and behavior in areas of human life that
8 include, but are not limited to, premarriage, marriage,
9 sexuality, family, divorce adjustment, and parenting.
10 "Person" means any individual, firm, corporation,
11 partnership, organization, or body politic.
12 "Practice of marriage and family therapy" means the
13 rendering of marriage and family therapy services to
14 individuals, couples, and families as defined in this
15 Section, either singly or in groups, whether the services are
16 offered directly to the general public or through
17 organizations, either public or private, for a fee, monetary
18 or otherwise.
19 "Title or description" means to hold oneself out as a
20 licensed marriage and family therapist or a licensed
21 associate marriage and family therapist to the public by
22 means of stating on signs, mailboxes, address plates,
23 stationery, announcements, calling cards or other instruments
24 of professional identification.
25 (Source: P.A. 87-783; 87-1237.)
26 (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
27 Sec. 15. Exemptions.
28 (a) Nothing contained in this Act shall restrict any
29 person not licensed under this Act from performing marriage
30 and family therapy if that person does not represent himself
31 or herself as a "licensed marriage and family therapist" or a
32 "licensed associate marriage and family therapist".
33 (b) Nothing in this Act shall be construed as permitting
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1 persons licensed as marriage and family therapists or
2 associate marriage and family therapists to engage in any
3 manner in the practice of medicine as defined in the laws of
4 this State.
5 (c) Nothing in this Act shall be construed to prevent
6 qualified members of other professional groups, including but
7 not limited to clinical psychologists, social workers,
8 counselors, attorneys at law, or psychiatric nurses, from
9 performing or advertising that they perform the work of a
10 marriage and family therapist consistent with the laws of
11 this State, their training, and any code of ethics of their
12 respective professions, provided they do not represent
13 themselves by any title or description as a licensed marriage
14 and family therapist or a licensed associate marriage and
15 family therapist.
16 (d) Nothing in this Act shall be construed to prevent
17 any person from the bona fide practice of the doctrines of an
18 established church or religious denomination if the person
19 does not hold himself or herself out to be a licensed
20 marriage and family therapist or a licensed associate
21 marriage and family therapist.
22 (e) Nothing in this Act shall prohibit self-help groups
23 or programs or not-for-profit organizations from providing
24 services so long as these groups, programs, or organizations
25 do not hold themselves out as practicing or being able to
26 practice marriage and family therapy.
27 (f) This Act does not prohibit:
28 (1) A person from practicing marriage and family
29 therapy as part of his or her duties as an employee of a
30 recognized academic institution, or a federal, State,
31 county, or local governmental institution or agency while
32 performing those duties for which he or she was employed
33 by the institution, agency or facility.
34 (2) A person from practicing marriage and family
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1 therapy as part of his or her duties as an employee of a
2 nonprofit organization consistent with the laws of this
3 State, his or her training, and any code of ethics of his
4 or her respective professions, provided the person does
5 not represent himself or herself as a "licensed marriage
6 and family therapist" or a "licensed associate marriage
7 and family therapist under supervision in accordance with
8 this Act.
9 (3) A person from practicing marriage and family
10 therapy if the person is obtaining experience for
11 licensure as a marriage and family therapist or an
12 associate marriage and family therapist, provided the
13 person is designated by a title that clearly indicates
14 training status.
15 (4) A person licensed in this State under any other
16 Act from engaging the practice for which he or she is
17 licensed.
18 (5) A person from practicing marriage and family
19 therapy if the person is a marriage and family therapist
20 regulated under the laws of another State, territory of
21 the United States or country and who has applied in
22 writing to the Department, on forms prepared and
23 furnished by the Department, for licensing as a marriage
24 and family therapist and who is qualified to receive
25 registration under Section 40 until the expiration of 6
26 months after the filing of the written application, the
27 withdrawal of the application, a notice of intent to deny
28 the application, or the denial of the application by the
29 Department.
30 (Source: P.A. 87-783; 87-1237.)
31 (225 ILCS 55/35) (from Ch. 111, par. 8351-35)
32 Sec. 35. Examinations.
33 (a) The Department shall authorize examinations of
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1 applicants as licensed marriage and family therapists or
2 licensed associate marriage and family therapists at such
3 times and places as it may determine. The examination of
4 applicants shall be of a character to give a fair test of the
5 qualifications of the applicant to practice marriage and
6 family therapy.
7 (b) Applicants for examination as marriage and family
8 therapists shall be required to pay, either to the Department
9 or the designated testing service, a fee covering the cost of
10 providing the examination.
11 (c) The Department may employ consultants for the
12 purpose of preparing and conducting examinations.
13 (Source: P.A. 87-783; 87-1237.)
14 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
15 Sec. 40. Qualifications for licensure.
16 (a) A person is qualified for licensure as a marriage
17 and family therapist if that person:
18 (1) is at least 21 years of age;
19 (2) has applied in writing on forms prepared and
20 furnished by the Department;
21 (3) (blank);
22 (4) has not engaged or is not engaged in any
23 practice or conduct that would be grounds for
24 disciplining a licensee under Section 85 of this Act;
25 (5) satisfies the education and experience
26 requirements of subsection (b) of this Section; and
27 (6) passes a written examination authorized by the
28 Department.
29 (b) Any person who applies to the Department shall be
30 issued a license as a licensed marriage and family therapist
31 by the Department if the person meets the qualifications set
32 forth in subsection (a) of this Section and provides evidence
33 to the Department that the person:
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1 (1) holds a master's or doctoral degree in marriage
2 and family therapy approved by the Department from a
3 regionally accredited educational institution; holds a
4 master's or doctoral degree from a regionally accredited
5 educational institution in marriage and family therapy or
6 in a related field with an equivalent course of study in
7 marriage and family therapy that is recommended by the
8 Board and approved by the Department; or holds a master's
9 or doctoral degree from a program accredited by the
10 commission on accreditations for marriage and family
11 therapy education of the American Association for
12 Marriage and Family Therapists;
13 (2) following the receipt of the first qualifying
14 degree, has at least 2 years of experience, as defined by
15 rule, in the practice of marriage and family therapy,
16 including at least 1,000 hours of face-to-face contact
17 with couples and families for the purpose of evaluation
18 and treatment;
19 (3) has completed at least 200 hours of supervision
20 of marriage and family therapy, as defined by rule.
21 (c) Any person who applies to the Department shall be
22 issued a license as a licensed associate marriage and family
23 therapist by the Department if the person meets the
24 qualifications set forth in items (1), (2), (4), and (6) of
25 subsection (a) of this Section and provides evidence to the
26 Department that the person meets the qualifications set forth
27 in item (1) of subsection (b) of this Section.
28 Upon providing evidence to the Department that the
29 applicant either meets the qualifications set forth in item
30 (1) of subsection (b) of this Section or is in the last term
31 of an approved comprehensive program of study in marriage and
32 family therapy, the applicant shall be qualified to take the
33 written examination.
34 Upon providing evidence of completion of the applicant's
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1 first qualifying degree and passage of the examination, the
2 applicant shall receive a license as a licensed associate
3 marriage and family therapist.
4 A licensed associate marriage and family therapist may
5 not practice independently but must be clinically supervised
6 by a marriage and family therapist as defined by rule.
7 A licensed associate marriage and family therapist may
8 petition the Department for licensure as a licensed marriage
9 and family therapist upon completion of the requirements set
10 forth in items (2) and (3) subsection (b) of this Section.
11 (Source: P.A. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)
12 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
13 Sec. 45. Licenses; renewals; restoration; person in
14 military service.
15 (a) The expiration date and renewal period for each
16 license issued under this Act shall be set by rule. As a
17 condition for renewal of a license, the licensee shall be
18 required to complete continuing education under requirements
19 set forth in rules of the Department.
20 (b) Any person who has permitted his or her license to
21 expire may have his or her license restored by making
22 application to the Department and filing proof acceptable to
23 the Department of fitness to have his or her license
24 restored, which may include sworn evidence certifying to
25 active practice in another jurisdiction satisfactory to the
26 Department, complying with any continuing education
27 requirements, and paying the required restoration fee.
28 (c) If the person has not maintained an active practice
29 in another jurisdiction satisfactory to the Department, the
30 Board shall determine, by an evaluation program established
31 by rule, the person's fitness to resume active status and may
32 require the person to complete a period of evaluated clinical
33 experience and successful completion of a practical
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1 examination.
2 However, any person whose license expired while (i) in
3 federal service on active duty with the Armed Forces of the
4 United States or called into service or training with the
5 State Militia, or (ii) in training or education under the
6 supervision of the United States preliminary to induction
7 into the military service may have his or her license renewed
8 or restored without paying any lapsed renewal fees if, within
9 2 years after honorable termination of the service, training
10 or education, except under condition other than honorable, he
11 or she furnishes the Department with satisfactory evidence to
12 the effect that he or she has been so engaged and that the
13 service, training, or education has been so terminated.
14 (d) Any person who notifies the Department, in writing
15 on forms prescribed by the Department, may place his or her
16 license on inactive status and shall be excused from the
17 payment of renewal fees until the person notifies the
18 Department in writing of the intention to resume active
19 practice.
20 (e) Any person requesting his or her license be changed
21 from inactive to active status shall be required to pay the
22 current renewal fee and shall also demonstrate compliance
23 with the continuing education requirements.
24 (f) Any marriage and family therapist whose license is
25 nonrenewed or on inactive status shall not engage in the
26 practice of marriage and family therapy in the State of
27 Illinois and use the title or advertise that he or she
28 performs the services of a "licensed marriage and family
29 therapist" or a "licensed associate marriage and family
30 therapist".
31 (g) Any person violating subsection (f) of this Section
32 shall be considered to be practicing without a license and
33 will be subject to the disciplinary provisions of this Act.
34 (h) (Blank).
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1 (Source: P.A. 90-61, eff. 12-30-97.)
2 (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
3 Sec. 70. Privileged communications and exceptions.
4 (a) No licensed marriage and family therapist or
5 licensed associate marriage and family therapist shall
6 disclose any information acquired from persons consulting the
7 marriage and family therapist or associate marriage and
8 family therapist in a professional capacity, except that
9 which may be voluntarily disclosed under the following
10 circumstances:
11 (1) In the course of formally reporting,
12 conferring, or consulting with administrative superiors,
13 colleagues, or consultants who share professional
14 responsibility, in which instance all recipients of the
15 information are similarly bound to regard the
16 communications as privileged;
17 (2) With the written consent of the person who
18 provided the information;
19 (3) In case of death or disability, with the
20 written consent of a personal representative, other
21 person authorized to sue, or the beneficiary of an
22 insurance policy on the person's life, health, or
23 physical condition;
24 (4) When a communication reveals the intended
25 commission of a crime or harmful act and the disclosure
26 is judged necessary by the licensed marriage and family
27 therapist or licensed associate marriage and family
28 therapist to protect any person from a clear, imminent
29 risk of serious mental or physical harm or injury, or to
30 forestall a serious threat to the public safety; or
31 (5) When the person waives the privilege by
32 bringing any public charges, criminal, or civil, against
33 the licensee.
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1 (b) Any person having access to records and or any one
2 who participates in providing marriage and family therapy
3 services or who, in providing any human services, is
4 supervised by a licensed marriage and family therapist or
5 licensed associate marriage and family therapist, is
6 similarly bound to regard all information and communications
7 as privileged in accord with this Section.
8 (c) The Mental Health and Developmental Disabilities
9 Confidentiality Act is incorporated in this Act as if all of
10 its provisions were included in this Act.
11 (Source: P.A. 87-783.)
12 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
13 Sec. 85. Refusal, revocation or suspension.
14 (a) The Department may refuse to issue or renew, or may
15 revoke a license, or may suspend, place on probation, fine,
16 or take any disciplinary action as the Department may deem
17 proper, including fines not to exceed $1000 for each
18 violation, with regard to any licensee for any one or
19 combination of the following causes:
20 (1) Material misstatement in furnishing information
21 to the Department.
22 (2) Violations of this Act or its rules.
23 (3) Conviction of any crime under the laws of the
24 United States or any state or territory thereof that is
25 (i) a felony, (ii) a misdemeanor, an essential element of
26 which is dishonesty, or (iii) a crime that is related to
27 the practice of the profession.
28 (4) Making any misrepresentation for the purpose of
29 obtaining a license or violating any provision of this
30 Act or its rules.
31 (5) Professional incompetence or gross negligence.
32 (6) Malpractice.
33 (7) Aiding or assisting another person in violating
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1 any provision of this Act or its rules.
2 (8) Failing, within 60 days, to provide information
3 in response to a written request made by the Department.
4 (9) Engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud or harm the public as defined by the rules of the
7 Department, or violating the rules of professional
8 conduct adopted by the Board and published by the
9 Department.
10 (10) Habitual or excessive use or addiction to
11 alcohol, narcotics, stimulants, or any other chemical
12 agent or drug that results in the inability to practice
13 with reasonable judgment, skill, or safety.
14 (11) Discipline by another state, territory, or
15 country if at least one of the grounds for the discipline
16 is the same or substantially equivalent to those set
17 forth in this Act.
18 (12) Directly or indirectly giving to or receiving
19 from any person, firm, corporation, partnership or
20 association any fee, commission, rebate, or other form of
21 compensation for any professional services not actually
22 or personally rendered.
23 (13) A finding by the Department that the licensee,
24 after having his or her license placed on probationary
25 status, has violated the terms of probation.
26 (14) Abandonment of a patient without cause.
27 (15) Willfully making or filing false records or
28 reports relating to a licensee's practice, including but
29 not limited to false records filed with State agencies or
30 departments.
31 (16) Wilfully failing to report an instance of
32 suspected child abuse or neglect as required by the
33 Abused and Neglected Child Reporting Act.
34 (17) Being named as a perpetrator in an indicated
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1 report by the Department of Children and Family Services
2 under the Abused and Neglected Child Reporting Act and
3 upon proof by clear and convincing evidence that the
4 licensee has caused a child to be an abused child or
5 neglected child as defined in the Abused and Neglected
6 Child Reporting Act.
7 (18) Physical or mental disability, including
8 deterioration through the aging process, or loss of
9 abilities and skills that results in the inability to
10 practice the profession with reasonable judgment, skill,
11 or safety.
12 (19) Solicitation of professional services by using
13 false or misleading advertising.
14 (20) A finding that licensure has been applied for
15 or obtained by fraudulent means.
16 (21) Practicing or attempting to practice under a
17 name other than the full name as shown on the license or
18 any other legally authorized name.
19 (22) Gross overcharging for professional services
20 including filing statements for collection of fees or
21 moneys for which services are not rendered.
22 (b) The Department shall deny any application for a
23 license, without hearing, or renewal under this Act to any
24 person who has defaulted on an educational loan guaranteed by
25 the Illinois Student Assistance Commission; however, the
26 Department may issue a license or renewal if the person in
27 default has established a satisfactory repayment record as
28 determined by the Illinois Student Assistance Commission.
29 (c) The determination by a circuit court that a licensee
30 is subject to involuntary admission or judicial admission, as
31 provided in the Mental Health and Developmental Disabilities
32 Code, operates as an automatic suspension. The suspension
33 will terminate only upon a finding by a court that the
34 patient is no longer subject to involuntary admission or
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1 judicial admission and the issuance of an order so finding
2 and discharging the patient, and upon the recommendation of
3 the Board to the Director that the licensee be allowed to
4 resume his or her practice as a licensed marriage and family
5 therapist or an associate marriage and family therapist.
6 (d) The Department may refuse to issue or may suspend
7 the license of any person who fails to file a return, pay the
8 tax, penalty, or interest shown in a filed return or pay any
9 final assessment of tax, penalty, or interest, as required by
10 any tax Act administered by the Illinois Department of
11 Revenue, until the time the requirements of the tax Act are
12 satisfied.
13 (e) In enforcing this Section, the Department or Board
14 upon a showing of a possible violation may compel an
15 individual licensed to practice under this Act, or who has
16 applied for licensure under this Act, to submit to a mental
17 or physical examination, or both, as required by and at the
18 expense of the Department. The Department or Board may order
19 the examining physician to present testimony concerning the
20 mental or physical examination of the licensee or applicant.
21 No information shall be excluded by reason of any common law
22 or statutory privilege relating to communications between the
23 licensee or applicant and the examining physician. The
24 examining physicians shall be specifically designated by the
25 Board or Department. The individual to be examined may have,
26 at his or her own expense, another physician of his or her
27 choice present during all aspects of this examination.
28 Failure of an individual to submit to a mental or physical
29 examination, when directed, shall be grounds for suspension
30 of his or her license until the individual submits to the
31 examination if the Department finds, after notice and
32 hearing, that the refusal to submit to the examination was
33 without reasonable cause.
34 If the Department or Board finds an individual unable to
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1 practice because of the reasons set forth in this Section,
2 the Department or Board may require that individual to submit
3 to care, counseling, or treatment by physicians approved or
4 designated by the Department or Board, as a condition, term,
5 or restriction for continued, reinstated, or renewed
6 licensure to practice; or, in lieu of care, counseling, or
7 treatment, the Department may file, or the Board may
8 recommend to the Department to file, a complaint to
9 immediately suspend, revoke, or otherwise discipline the
10 license of the individual. An individual whose license was
11 granted, continued, reinstated, renewed, disciplined or
12 supervised subject to such terms, conditions, or
13 restrictions, and who fails to comply with such terms,
14 conditions, or restrictions, shall be referred to the
15 Director for a determination as to whether the individual
16 shall have his or her license suspended immediately, pending
17 a hearing by the Department.
18 In instances in which the Director immediately suspends a
19 person's license under this Section, a hearing on that
20 person's license must be convened by the Department within 15
21 days after the suspension and completed without appreciable
22 delay. The Department and Board shall have the authority to
23 review the subject individual's record of treatment and
24 counseling regarding the impairment to the extent permitted
25 by applicable federal statutes and regulations safeguarding
26 the confidentiality of medical records.
27 An individual licensed under this Act and affected under
28 this Section shall be afforded an opportunity to demonstrate
29 to the Department or Board that he or she can resume practice
30 in compliance with acceptable and prevailing standards under
31 the provisions of his or her license.
32 (Source: P.A. 90-61, eff. 12-30-97.)
33 (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
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1 Sec. 145. Summary suspension. The Director may summarily
2 suspend the license of a marriage and family therapist or an
3 associate marriage and family therapist without a hearing,
4 simultaneously with the institution of proceedings for a
5 hearing provided for in this Act, if the Director finds that
6 evidence in his or her possession indicates that a marriage
7 and family therapist's or an associate marriage and family
8 therapist's continuation in practice would constitute an
9 imminent danger to the public. In the event that the
10 Director summarily suspends the license of a marriage and
11 family therapist or an associate marriage and family
12 therapist without a hearing, a hearing by the Board must be
13 held within 30 calendar days after the suspension has
14 occurred.
15 (Source: P.A. 87-783; 87-1237.)
16 Section 270. The Mental Health and Developmental
17 Disabilities Code is amended by changing Section 1-122 as
18 follows:
19 (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)
20 Sec. 1-122. Qualified examiner. "Qualified examiner"
21 means a person who is:
22 (a) a Clinical social worker as defined in this Act, or
23 (b) a registered nurse with a master's degree in
24 psychiatric nursing who has 3 years of clinical training and
25 experience in the evaluation and treatment of mental illness
26 which has been acquired subsequent to any training and
27 experience which constituted a part of the degree program, or
28 (c) a licensed clinical professional counselor who has
29 at least 3 years of supervised post-master's experience in
30 the evaluation and treatment of mental illness.
31 A social worker who is a qualified examiner shall be a
32 licensed clinical social worker under the Clinical Social
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1 Work and Social Work Practice Act.
2 (Source: P.A. 87-124; 87-530.)
3 Section 275. The Uniform Disposition of Unclaimed
4 Property Act is amended by changing Section 2 as follows:
5 (765 ILCS 1025/2) (from Ch. 141, par. 102)
6 Sec. 2. Property held by financial organizations;
7 presumption of abandonment. The following property held or
8 owing by a banking or financial organization is presumed
9 abandoned:
10 (a) Any demand, savings, or matured time deposit with a
11 banking organization, together with any interest or dividend
12 thereon, excluding any charges that may lawfully be withheld,
13 unless the owner has, within 5 years:
14 (1) Increased or decreased the amount of the
15 deposit, or presented the passbook or other similar
16 evidence of the deposit for the crediting of interest; or
17 (2) Corresponded in writing with the banking
18 organization concerning the deposit; or
19 (3) Otherwise indicated an interest in the deposit
20 as evidenced by a memorandum on file with the banking
21 organization.
22 (b) Any funds paid toward the purchase of withdrawable
23 shares or other interest in a financial organization, or any
24 deposit made, and any interest or dividends thereon,
25 excluding any charges that may be lawfully withheld, unless
26 the owner has within 5 years:
27 (1) Increased or decreased the amount of the funds,
28 or deposit, or presented an appropriate record for the
29 crediting of interest or dividends; or
30 (2) Corresponded in writing with the financial
31 organization concerning the funds or deposit; or
32 (3) Otherwise indicated an interest in the funds or
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1 deposit as evidenced by a memorandum on file with the
2 financial organization.
3 (c) Any sum payable on checks or on written instruments
4 on which a banking or financial organization or business
5 association is directly liable including, by way of
6 illustration but not of limitation, certificates of deposit,
7 drafts, money orders and travelers checks, that with the
8 exception of travelers checks has been outstanding for more
9 than 5 years from the date it was payable, or from the date
10 of its issuance if payable on demand, or, in the case of
11 travelers checks, that has been outstanding for more than 15
12 years from the date of its issuance, excluding any charges
13 that may be lawfully withheld relating to money orders issued
14 by currency exchanges, unless the owner has within 5 years or
15 within 15 years in the case of travelers checks corresponded
16 in writing with the banking or financial organization or
17 business association concerning it, or otherwise indicated an
18 interest as evidenced by a memorandum on file with the
19 banking or financial organization or business association.
20 (d) Any funds or other personal property, tangible or
21 intangible, removed from a safe deposit box or any other
22 safekeeping repository or agency or collateral deposit box on
23 which the lease or rental period has expired due to
24 nonpayment of rental charges or other reason, or any surplus
25 amounts arising from the sale thereof pursuant to law, that
26 have been unclaimed by the owner for more than 5 years from
27 the date on which the lease or rental period expired,
28 subject to lien of the holder for reimbursement of costs
29 incurred in the opening of a safe deposit box as determined
30 by the holder's regular schedule of charges.
31 (e) Notwithstanding any other provision of this Section,
32 no deposit except passbook, checking, NOW accounts, super NOW
33 accounts, money market accounts, or such similar accounts as
34 established by Rule of the Director, held by a banking or
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1 financial organization shall be presumed abandoned if with
2 respect to such a deposit which specifies a definite maturity
3 date, such organization was authorized in writing to extend
4 or rollover the account for an additional like period and
5 such organization does so extend. Such deposits are not
6 presumed abandoned less than 5 years from that final maturity
7 date. Property of any kind held in an individual retirement
8 account (IRA) is not presumed abandoned earlier than 5 years
9 after the owner attains the age at which distributions from
10 the account become mandatory under law.
11 (Source: P.A. 89-604, eff. 8-2-96; 90-167, eff. 7-23-97.)
12 Section 999. Effective date. This Act takes effect upon
13 becoming law, except that Sections 1 through 250 and Section
14 265 take effect on January 1, 1999.".