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90_SB1272ham001
LRB9008932LDmbam01
1 AMENDMENT TO SENATE BILL 1272
2 AMENDMENT NO. . Amend Senate Bill 1272 by replacing
3 the title with the following:
4 "AN ACT to create the Orthotics, Prosthetics, and
5 Pedorthics Practice Act."; 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;
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 (6) a person licensed by this State as a physical
33 therapist or occupational therapist from engaging in the
34 practice of his or her profession; or
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1 (7) a physician licensed under the Podiatric Medical
2 Practice Act of 1997 from engaging in his or her profession.
3 Section 20. Powers and duties of the Department.
4 (a) The Department shall exercise the powers and duties
5 prescribed by the Civil Administrative Code of Illinois for
6 the administration of licensure Acts and shall exercise other
7 powers and duties necessary for effectuating the purposes of
8 this Act.
9 (b) The Department may adopt rules to administer and
10 enforce this Act including, but not limited to, fees for
11 original licensure and renewal and restoration of licenses
12 and may prescribe forms to be issued to implement its rules.
13 The Department shall exercise the powers and duties
14 prescribed by this Act. At a minimum, the rules adopted by
15 the Department shall include standards and criteria for
16 licensure and for professional conduct and discipline. The
17 Department shall consult with the Board in adopting rules.
18 Notice of proposed rulemaking shall be transmitted to the
19 Board, and the Department shall review the Board's response
20 and any recommendations made in writing with proper
21 explanation of deviations from the Board's recommendations
22 and response.
23 (c) The Department at any time may seek the expert
24 advice and knowledge of the Board on any matter relating to
25 the enforcement of this Act.
26 (d) The Department shall issue a quarterly report to the
27 Board of the status of all complaints related to the
28 profession and filed with the Department.
29 (e) Department may adopt rules as necessary to establish
30 eligibility for facility registration and standards.
31 Section 25. Board of Orthotics, Prosthetics, and
32 Pedorthics.
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1 (a) There is established a Board of Orthotics,
2 Prosthetics, and Pedorthics, which shall consist of 7 voting
3 members to be appointed by the Governor. Four members shall
4 be practicing licensed orthotists, licensed prosthetists, or
5 licensed pedorthists. These members may be licensed in more
6 than one discipline and their appointments must equally
7 represent all 3 disciplines. One member shall be a member of
8 the public who is a consumer of orthotic, prosthetic, or
9 pedorthic professional services. One member shall be a
10 public member who is not licensed under this Act or a
11 consumer of services licensed under this Act. One member
12 shall be a licensed physician.
13 (b) Each member of the Board shall serve a term of 3
14 years, except that of the initial appointments to the Board,
15 2 members shall be appointed for one year, 2 members shall be
16 appointed for 2 years, and 3 members shall be appointed for 3
17 years. Each member shall hold office and execute his or her
18 Board responsibilities until the qualification and
19 appointment of his or her successor. No member of the Board
20 shall serve more than 8 consecutive years or 2 full terms,
21 whichever is greater.
22 (c) Members of the Board shall receive as compensation a
23 reasonable sum as determined by the Director for each day
24 actually engaged in the duties of the office and shall be
25 reimbursed for reasonable expenses incurred in performing the
26 duties of the office.
27 (d) A quorum of the Board shall consist of a majority of
28 Board members currently appointed.
29 (e) The Governor may terminate the appointment of any
30 member for cause which, in the opinion of the Governor
31 reasonably justifies termination, which may include, but is
32 not limited to, a Board member who does not attend 2
33 consecutive meetings.
34 (f) Membership of the Board should reasonably reflect
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1 representation from the geographic areas in this State.
2 Section 30. Board; immunity; chairperson.
3 (a) Members of the Board shall be immune from suit in
4 any action based upon any disciplinary proceeding or other
5 activities performed in good faith as members of the Board.
6 (b) The Board shall annually elect a chairperson and
7 vice chairperson who shall be licensed under this Act.
8 Section 35. Application for original or temporary
9 license. An application for an original or temporary license
10 shall be made to the Department in writing on a form
11 prescribed by the Department and shall be accompanied by the
12 required fee, which shall not be refundable. An application
13 shall require information that in the judgement of the
14 Department will enable the Department to pass on the
15 qualifications of the applicant for a license.
16 Section 40. Qualifications for licensure as orthotist,
17 prosthetist, or pedorthist.
18 (a) To qualify for a license to practice orthotics or
19 prosthetics, a person shall:
20 (1) possess a baccalaureate degree from a college
21 or university;
22 (2) have completed the amount of formal training,
23 including, but not limited to, any hours of classroom
24 education and clinical practice established by the
25 Commission on Accreditation of Allied Health Education
26 Programs for an Orthotic and Prosthetic Education
27 Program;
28 (3) complete a clinical residency in the
29 professional area for which a license is sought in
30 accordance with standards, guidelines, or procedures for
31 residencies inside or outside this State established by
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1 the National Commission on Orthotic Prosthetic Education
2 or by the Board. The majority of training must be devoted
3 to services performed under the supervision of a licensed
4 practitioner of orthotics or prosthetics or a person
5 certified as a Certified Orthotist (CO), Certified
6 Prosthetist (CP), or Certified Prosthetist Orthotist
7 (CPO) whose certification was obtained before the
8 effective date of this Act;
9 (4) pass all written, practical, and oral
10 examinations that are required and approved by the
11 American Board for Certification in Prosthetics and
12 Orthotics, Incorporated, or hold similar certifications
13 from other accrediting bodies with equivalent educational
14 requirements and examination standards in orthotics and
15 prosthetics; or
16 (5) be qualified to practice in accordance with
17 internationally accepted standards of orthotic and
18 prosthetic care as outlined by the International Society
19 of Prosthetics and Orthotics' professional profile for
20 Category I orthotic and prosthetic personnel.
21 (b) To qualify for a license to practice pedorthics, a
22 person shall:
23 (1) possess a high school diploma or its
24 equivalent;
25 (2) have completed the amount of formal training,
26 including, but not limited to, any hours of classroom
27 education and clinical practice established by the Board
28 for Certification in Pedorthics for a Pedorthic Education
29 Program;
30 (3) complete a qualified work experience program or
31 internship in pedorthics in accordance with any
32 standards, guidelines, or procedures established by the
33 Board for Certification in Pedorthics;
34 (4) pass all examinations that are required and
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1 approved by the Board for Certification in Pedorthics, or
2 hold similar certifications from other accrediting bodies
3 with equivalent educational requirements and examination
4 standards in pedorthics; and
5 (5) be qualified to practice in accordance with
6 nationally accepted standards of pedorthic care as
7 outlined by the Board for Certification in Pedorthics.
8 (c) The standards and requirements for licensure
9 established by the Department shall be substantially equal to
10 or in excess of standards commonly accepted in the profession
11 of orthotics, prosthetics, or pedorthics. The Department
12 shall adopt rules as necessary to set the standards and
13 requirements.
14 (d) A person may be licensed in more than one
15 discipline.
16 Section 45. Examination requirement.
17 (a) The Department may authorize examinations of
18 applicants as orthotists, prosthetists, or pedorthists at
19 times and places as it may determine. The examination of
20 applicants shall be of a character to fairly test the
21 qualifications of the applicant to practice orthotics,
22 prosthetics, or pedorthics.
23 (b) Applicants for examination as orthotists,
24 prosthetists, and pedorthists shall be required to pay,
25 either to the Department or the designated testing service, a
26 fee covering the cost of providing the examination. Failure
27 to appear for the examination on the scheduled date at the
28 time and place specified after the applicant's application
29 for examination has been received and acknowledged by the
30 Department or the designated testing service shall result in
31 the forfeiture of the examination fee.
32 (c) If an applicant neglects, fails, or refuses to take
33 an examination or fails to pass an examination for a license
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1 under this Act within 3 years after filing his or her
2 application, the application shall be denied. All fees are
3 nonrefundable. The applicant may make a new application for
4 examination accompanied by the required fee and must furnish
5 proof of meeting qualifications for licensure in effect at
6 the time of new application.
7 (d) The Department shall set by rule the maximum number
8 of attempts that an applicant may make to pass the
9 examination within a specified period of time. The
10 Department shall also determine any further training required
11 before a reexamination.
12 (e) The Department may employ consultants for the
13 purpose of preparing and conducting examinations. An
14 applicant for an examination as an orthotist, a prosthetist,
15 or pedorthist shall be required to pay, either to the
16 Department or to the designated testing service, a fee
17 covering the cost of providing the examination.
18 Section 50. Qualifications for registration as an
19 assistant or technician. The Department shall adopt rules as
20 necessary to set standards and requirements for registration
21 to practice orthotics and prosthetics as an assistant or
22 orthotics, prosthetics, and pedorthics as a technician. The
23 Department may authorize examinations of applicants as an
24 orthotic or prosthetic assistant or an orthotic, prosthetic,
25 or pedorthic technician at times and places as it may
26 determine. The examination of applicants shall be of a
27 character to fairly test the qualifications of the applicant
28 to practice orthotics, prosthetics or pedorthics.
29 Section 55. Implementation of Act.
30 (a) Within 6 months after the effective date of this
31 Act, a person practicing orthotics, prosthetics, or
32 pedorthics or representing himself or herself as a
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1 practitioner of orthotics, prosthetics, or pedorthics shall
2 register with the Department on forms provided by the
3 Department and shall pay the appropriate registration fee.
4 (b) From one year after the effective date of this Act
5 until January 1, 2001, no person shall engage in the practice
6 of orthotics, prosthetics, or pedorthics without a license or
7 certificate of registration.
8 (c) Until January 1, 2000, a person certified as a
9 Certified Orthotist (CO), Certified Prosthetist (CP), or
10 Certified Prosthetist Orthotist (CPO) by the American Board
11 for Certification in Prosthetics and Orthotics, Incorporated,
12 or holding similar certifications from other accrediting
13 bodies with equivalent educational requirements and
14 examination standards may apply for and shall be granted
15 orthotic or prosthetic licensure under this Act upon payment
16 of the required fee. After that date, any applicant for
17 licensure as an orthotist or a prosthetist shall meet the
18 requirements of subsection (a) of Section 40 of this Act.
19 (d) Until January 1, 2000, a person certified as a
20 Certified Pedorthist (CPed) by the Board for Certification in
21 Pedorthics, Incorporated or a person certified as a Certified
22 Orthotist (CO) or Certified Prosthetist Orthotist (CPO) by
23 the American Board for Certification in Prosthetics and
24 Orthotics, Incorporated, or holding similar certifications
25 from other accrediting bodies with equivalent educational
26 requirements and examination standards may apply for and
27 shall be granted pedorthic licensure under this Act upon
28 payment of the required fee. After that date, any applicant
29 for licensure as a pedorthist shall meet the requirements of
30 subsection (b) of Section 40 of this Act.
31 (e) A person who does not qualify for licensure under
32 Section 40 or subsection (c) or (d) of this Section shall not
33 practice orthotics, prosthetics, or pedorthics without a
34 certificate of registration. Until June 30, 1999, the
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1 Department shall issue a nonrenewable certificate of
2 registration to an applicant upon payment of a $500 fee. The
3 certificate of registration shall automatically expire on
4 December 31, 2000. A registrant issued a certificate under
5 this subsection (e) shall be subject to the disciplinary
6 provisions of this Act in the same manner as a licensee.
7 (f) On and after December 31, 2000, no person shall
8 practice orthotics, prosthetics, or pedorthics in this State
9 or hold himself or herself out as being able to practice
10 either profession, unless he or she is licensed in accordance
11 with Section 40 of this Act.
12 (g) Notwithstanding any other provision of this Section,
13 a person who has practiced full time for the past 7 years in
14 a prosthetic/orthotic facility as an orthotist, prosthetist,
15 prosthetist/orthotist, assistant, or technician or in a
16 pedorthic facility as a pedorthist or pedorthic technician on
17 the effective date of this Act may file an application with
18 the Board within 60 days after the effective date of this Act
19 in order to continue to practice orthotics, prosthetics, or
20 pedorthics at his or her identified level of practice. The
21 applicant shall be issued a license or certificate of
22 registration to practice orthotics, prosthetics, or
23 pedorthics under the provisions of this Act without
24 examination upon receipt by the Department of payment of the
25 licensing or registration fee required under Section 70 of
26 this Act and after the Board has completed an investigation
27 of the applicant's work history. The Board shall complete
28 its investigation for the purposes of this Section within 6
29 months of the date of the application. The investigation may
30 include, but is not limited to, completion by the applicant
31 of a questionnaire regarding the applicant's work history and
32 scope of practice.
33 Section 57. Limitation on provision of care and
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1 services. A licensed orthotist or pedorthist may provide
2 care or services only if the care or services are provided
3 pursuant to an order from a licensed physician, chiropractor,
4 or podiatrist. A licensed prosthetist may provide care or
5 services only if the care or services are provided pursuant
6 to an order from a licensed physician.
7 Section 60. Renewal; restoration; military service.
8 (a) The expiration date and renewal period for each
9 license issued under this Act shall be set by rule of the
10 Department. The Board shall establish continuing education
11 requirements for the renewal of a license. These
12 requirements shall be based on established standards of
13 competence.
14 (b) A person who has permitted his or her license to
15 expire or who has had his or her license on inactive status
16 may have his or her license restored by (i) making
17 application to the Department, (ii) filing proof acceptable
18 to the Department of his or her fitness to have his or her
19 license restored including, but not limited to, sworn
20 evidence certifying to active practice in another
21 jurisdiction satisfactory to the Department, and (iii) paying
22 the required restoration fee. If the person has not
23 maintained an active practice in another jurisdiction
24 satisfactory to the Department, the Board shall determine, by
25 an evaluation program established by rule, his or her fitness
26 to resume active status and may require the person to
27 complete a period of evaluated clinical experience and may
28 require successful completion of an examination.
29 (c) A person whose license expired while he or she was
30 (i) in federal service on active duty within the armed forces
31 of the United States or with the State militia called into
32 service or training or (ii) in training or education under
33 the supervision of the United States preliminary to induction
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1 into military service may have his or her license renewed or
2 restored without paying a lapsed renewal fee if, within 2
3 years after termination from the service, training, or
4 education except under conditions other than honorable, he or
5 she furnished the Department with satisfactory evidence that
6 he or she has been so engaged and that his or her service,
7 training, or education has been terminated.
8 Section 65. Elective inactive status. A person who
9 notifies the Department in writing on forms prescribed by the
10 Department may elect to place his or her license on an
11 inactive status and shall, subject to rules of the
12 Department, be excused from payment of renewal fees until he
13 or she notifies the Department in writing of his or her
14 desire to resume active status.
15 A person requesting restoration from inactive status
16 shall be required to pay the current renewal fee and shall be
17 required to restore his or her license as provided in Section
18 60 of this Act.
19 An orthotist, prosthetist, or pedorthist whose license is
20 on inactive status shall not practice orthotics, prosthetics,
21 or pedorthics in this State.
22 Section 70. Endorsement; temporary license.
23 (a) The Department may, at its discretion, license as
24 either an orthotist, prosthetist, or pedorthist, without
25 examination and on payment of the required fee, an applicant
26 who is an orthotist, prosthetist, or pedorthist who is (i)
27 licensed under the laws of another state, territory, or
28 country, if the requirements for licensure in that state,
29 territory, or country in which the applicant was licensed
30 were, at the date of his or her licensure, substantially
31 equal to the requirements in force in this State on that date
32 or (ii) certified by a national certification organization
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1 with educational and testing standards equal to or more
2 stringent than the licensing requirements of this State.
3 (b) The Board may issue a temporary license to a person
4 who:
5 (1) has become a resident of this State within the
6 last 6 months or who has moved to this State with the
7 intent to fulfill residency requirements;
8 (2) has applied for a license as an orthotist,
9 prosthetist, or pedorthist; and
10 (3) has been licensed by a state of former
11 residence that has licensing requirements equal to or
12 more stringent than the requirements of this Act.
13 A temporary license shall be valid for one year from the
14 date of issuance and may be renewed upon presentation of
15 good cause to the Board for up to one additional year.
16 Section 75. Fees.
17 (a) The Department shall provide by rule for a schedule
18 of fees to be paid for licenses by all applicants. All fees
19 are not refundable.
20 (b) The fees for the administration and enforcement of
21 this Act including, but not limited to, original licensure,
22 renewal, and restoration shall be set by rule by the
23 Department.
24 (c) All fees and fines collected under this Act shall be
25 deposited into the General Professions Dedicated Fund.
26 Section 80. Roster of licensees and registrants. The
27 Department shall maintain a current roster of the names and
28 addresses of all licensees, registrants, and all persons
29 whose licenses have been suspended or revoked within the
30 previous year. This roster shall be available upon written
31 request and payment of the required fee.
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1 Section 85. Practice by corporations. Nothing in this
2 Act shall restrict licensees from forming professional
3 service corporations under the provisions of the Professional
4 Service Corporation Act.
5 Section 90. Grounds for discipline.
6 (a) The Department may refuse to issue or renew a
7 license, may revoke or suspend a license, or may suspend,
8 place on probation, censure, or reprimand a licensee for one
9 or any combination of the following:
10 (1) Making a material misstatement in furnishing
11 information to the Department or the Board.
12 (2) Violations of or negligent or intentional
13 disregard of this Act or its rules.
14 (3) Conviction of any crime that under the laws of
15 the United States or of a state or territory of the
16 United States is a felony or a misdemeanor, an essential
17 element of which is dishonesty, or of a crime that is
18 directly related to the practice of the profession.
19 (4) Making a misrepresentation for the purpose of
20 obtaining a license.
21 (5) Professional incompetence.
22 (6) Malpractice.
23 (7) Aiding or assisting another person in violating
24 a provision of this Act or its rules.
25 (8) Failing to provide information within 60 days
26 in response to a written request made by the Department.
27 (9) Engaging in dishonorable, unethical, or
28 unprofessional conduct or conduct of a character likely
29 to deceive, defraud, or harm the public.
30 (10) Habitual intoxication or addiction to the use
31 of drugs.
32 (11) Discipline by another state or territory of
33 the United States, the federal government, or foreign
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1 nation, if at least one of the grounds for the discipline
2 is the same or substantially equivalent to one set forth
3 in this Section.
4 (12) Directly or indirectly giving to or receiving
5 from a person, firm, corporation, partnership, or
6 association a fee, commission, rebate, or other form of
7 compensation for professional services not actually or
8 personally rendered.
9 (13) A finding by the Board that the licensee or
10 registrant, after having his or her license placed on
11 probationary status, has violated the terms of probation.
12 (14) Abandonment of a patient or client.
13 (15) Wilfully making or filing false records or
14 reports in his or her practice including, but not limited
15 to, false records filed with State agencies or
16 departments.
17 (16) Wilfully failing to report an instance of
18 suspected child abuse or neglect as required by the
19 Abused and Neglected Child Reporting Act.
20 (17) Physical illness including, but not limited
21 to, deterioration through the aging process or loss of
22 motor skill that results in the inability to practice the
23 profession with reasonable judgement, skill, or safety.
24 (18) Solicitation of professional services using
25 false or misleading advertising.
26 (b) The determination by a circuit court that a licensee
27 or registrant is subject to involuntary admission or judicial
28 admission, as provided in the Mental Health and Developmental
29 Disabilities Code, operates as an automatic suspension. The
30 suspension will end only upon (i) a finding by a court that
31 the patient is no longer subject to involuntary admission or
32 judicial admission and the issuance of a court order so
33 finding and discharging the patient and (ii) the
34 recommendation of the Board to the Director that the licensee
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1 or registrant be allowed to resume his or her practice.
2 Section 95. Injunction; cease and desist order.
3 (a) If any person violates a provision of this Act, the
4 Director may, in the name of the People of the State of
5 Illinois and through the Attorney General of the State of
6 Illinois, petition for an order enjoining the violation or
7 for an order enforcing compliance with this Act. Upon the
8 filing of a verified petition in court, the court may issue a
9 temporary restraining order, without notice or bond, and may
10 preliminarily and permanently enjoin the violation. If it is
11 established that the person has violated or is violating the
12 injunction, the court may punish the offender for contempt of
13 court. Proceedings under this Section shall be in addition
14 to, and not in lieu of, all other remedies and penalties
15 provided by this Act.
16 (b) If a person practices as an orthotist, prosthetist,
17 or pedorthist or holds himself or herself out as an
18 orthotist, prosthetist, or pedorthist without being licensed
19 or registered under the provisions of this Act, then any
20 other licensed or registered orthotist, prosthetist, or
21 pedorthist, any interested party, or any person injured by
22 the person may, in addition to the Director, petition for
23 relief as provided in subsection (a) of this Section.
24 (c) Whenever in the opinion of the Department a person
25 violates a provision of this Act, the Department may issue a
26 rule to show cause why an order to cease and desist should
27 not be entered against him or her. The rule shall clearly
28 set forth the grounds relied upon by the Department and shall
29 provide a period of 7 days from the date of the rule to file
30 an answer to the satisfaction of the Department. Failure to
31 answer to the satisfaction of the Department shall cause an
32 order to cease and desist to be issued immediately.
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1 Section 100. Investigations; notice and hearing. The
2 Department may investigate the actions of an applicant or of
3 a person or persons holding or claiming to hold a license.
4 Before refusing to issue or renew a license, the Department
5 shall, at least 10 days prior to the date set for the
6 hearing, notify in writing the applicant for or holder of a
7 license of the nature of the charges and that a hearing will
8 be held on the date designated. The written notice may be
9 served by personal delivery or by certified or registered
10 mail to the respondent at the address disclosed on his or her
11 last notification to the Department. At the time and place
12 fixed in the notice, the Board shall proceed to hear the
13 charges. The parties or their counsel shall be afforded
14 ample opportunity to present statements, testimony, evidence,
15 and argument that may be pertinent to the charges or to the
16 defense to the charges. The Board may continue the hearing
17 from time to time.
18 Section 105. Transcript. The Department, at its own
19 expense, shall preserve a record of all proceedings at the
20 formal hearing of a case involving the refusal to issue or
21 renew a license. The notice of hearing, complaint, and all
22 other documents in the nature of pleadings and written
23 motions filed in the proceedings, the transcript of
24 testimony, the report of the Board, and orders of the
25 Department shall be in the record of the proceeding.
26 Section 110. Compelling testimony. A circuit court may,
27 upon application of the Director or his or her designee or
28 the applicant or licensee against whom proceedings under
29 Section 100 of this Act are pending, enter an order requiring
30 the attendance of witnesses and their testimony and requiring
31 the production of documents, papers, files, books, and
32 records in connection with a hearing or investigation. The
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1 court may compel obedience to its order through contempt
2 proceedings.
3 Section 115. Board findings and recommendations. At the
4 conclusion of a hearing, the Board shall present to the
5 Director a written report of its findings and
6 recommendations. The report shall contain a finding of
7 whether or not the accused person violated this Act or failed
8 to comply with the conditions required in this Act. The
9 Board shall specify the nature of the violation or failure to
10 comply and shall make its recommendations to the Director.
11 The report of findings and recommendations of the Board shall
12 be the basis for the Department's order for the refusal or
13 for the granting of a license, unless the Director determines
14 that the Board report is contrary to the manifest weight of
15 the evidence, in which case the Director may issue an order
16 in contravention to the Board report. A Board finding is not
17 admissible in evidence against the person in a criminal
18 prosecution brought for a violation of this Act, but the
19 hearing and finding are not a bar to a criminal prosecution
20 brought for a violation of this Act.
21 Section 120. Motion for rehearing. In any case
22 involving the refusal to issue or renew a license or the
23 discipline of a licensee, a copy of the Board's report shall
24 be served upon the respondent by the Department, either
25 personally or as provided in this Act for the service of the
26 notice of hearing. Within 20 days after service, the
27 respondent may present to the Department a motion in writing
28 for a rehearing, which shall specify the particular grounds
29 for rehearing. If no motion for rehearing is filed, then
30 upon the expiration of the time specified for filing the
31 motion, or if a motion for rehearing is denied, upon the
32 denial, the Director may enter an order in accordance with
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1 recommendations of the Board, except as provided in Section
2 115 of this Act. If the respondent orders from the reporting
3 service and pays for a transcript of the record within the
4 time for filing a motion for rehearing, the 20-day period
5 within which the motion may be filed shall commence upon the
6 delivery of the transcript to the respondent.
7 Section 125. Rehearing on order of Director. Whenever
8 the Director is not satisfied that substantial justice has
9 been done in the revocation, suspension, or refusal to issue
10 or renew a license the Director may order a rehearing by the
11 same or other examiners.
12 Section 130. Appointment of hearing officer. The
13 Director shall have the authority to appoint an attorney
14 licensed to practice law in the State of Illinois to serve as
15 a hearing officer in an action for refusal to issue or renew
16 a license or to discipline a licensee. The hearing officer
17 shall have full authority to conduct the hearing. The
18 hearing officer shall report his or her findings and
19 recommendations to the Board and the Director. The Board
20 shall have 60 days from receipt of the report to review the
21 report of the hearing officer and present its findings of
22 fact, conclusions of law, and recommendations to the
23 Director. If the Board fails to present its report within
24 the 60-day period, the Director shall issue an order based on
25 the report of the hearing officer. If the Director
26 determines that the Board's report is contrary to the
27 manifest weight of the evidence, he or she may issue an order
28 in contravention of the Board's report.
29 Section 135. Order or certified copy. An order or a
30 certified copy of an order, over the seal of the Department
31 and purporting to be signed by the Director, shall be prima
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1 facie proof:
2 (1) that the signature is the genuine signature of the
3 Director;
4 (2) that the Director is duly appointed and qualified;
5 and
6 (3) that the Board and its members are qualified to act.
7 Section 140. Restoration of suspended or revoked
8 license. At any time after the suspension or revocation of
9 any license, the Department may restore the license to the
10 accused person upon the written recommendation of the Board
11 unless, after an investigation and a hearing, the Board
12 determines that restoration is not in the public interest.
13 Section 145. Surrender of license. Upon the revocation
14 or suspension of a license, the licensee shall immediately
15 surrender the license to the Department, and if the licensee
16 fails to do so, the Department shall have the right to seize
17 the license.
18 Section 150. Temporary suspension of a license. The
19 Director may temporarily suspend the license of an orthotist,
20 prosthetist, or pedorthist without a hearing simultaneously
21 with the institution of proceedings for a hearing provided
22 for in Section 95 of this Act if the Director finds that
23 evidence in his or her possession indicates that a licensee's
24 continuation in practice would constitute an imminent danger
25 to the public. If the Director temporarily suspends a
26 license without a hearing, a hearing by the Board must be
27 held within 30 days after the suspension.
28 Section 155. Administrative Review Law; venue. All
29 final administrative decisions of the Department are subject
30 to judicial review pursuant to the provisions of the
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1 Administrative Review Law and its rules. The term
2 "administrative decision" has the same meaning as in Section
3 3-101 of the Administrative Review Law. Proceedings for
4 judicial review shall be commenced in the circuit court of
5 the county in which the party applying for review resides,
6 but if the party is not a resident of this State, the venue
7 shall be in Sangamon County.
8 Section 160. Certifications of record; costs. The
9 Department shall not be required to certify any record to the
10 Court or file any answer in court or otherwise appear in any
11 court in a judicial review proceeding unless there is filed
12 in the court with the complaint a receipt from the Department
13 acknowledging payment of the costs of furnishing and
14 certifying the record, which shall be computed at the rate of
15 20 cents per page of the record. Failure on the part of a
16 plaintiff to file a receipt in court shall be grounds for
17 dismissal of the action.
18 Section 165. Penalties. A person who is found to have
19 violated a provision of this Act is guilty of a Class A
20 misdemeanor for a first offense and is guilty of a Class 4
21 felony for a second or subsequent offense.
22 Section 170. Illinois Administrative Procedure Act. The
23 Illinois Administrative Procedure Act is hereby expressly
24 adopted and incorporated in this Act as if all of the
25 provisions of that Act were included in this Act, except that
26 the provision of subsection (d) of Section 10-65 of the
27 Illinois Administrative Procedure Act, which provides that at
28 hearings the licensee has the right to show compliance with
29 all lawful requirements for retention, continuation, or
30 renewal of the license, is specifically excluded and for
31 purposes of this Act. The notice required under Section
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1 10-25 of the Illinois Administrative Procedure Act is deemed
2 sufficient when mailed to the last known address of a party.
3 Section 175. Home rule preemption. It is declared to be
4 the public policy of this State, pursuant to paragraph (h) of
5 Section 6 of Article VII of the Illinois Constitution of 1970
6 that a power or function set forth in this Act to be
7 exercised by the State is an exclusive State power or
8 function. No power or function granted under this Act shall
9 be exercised concurrently, either directly or indirectly, by
10 a unit of local government, including home rule units, except
11 as otherwise provided in this Act.
12 Section 250. The Regulatory Agency Sunset Act is amended
13 by adding Section 4.19 as follows:
14 (5 ILCS 80/4.19 new)
15 Sec. 4.19. Act repealed on January 1, 2009. The following
16 Act is repealed on January 1, 2009:
17 The Illinois Orthotics, Prosthetics, and Pedorthics
18 Practice Act.
19 Section 999. Effective date. This Act takes effect
20 January 1, 1999.".