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Public Act 102-0940


 

Public Act 0940 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0940
 
HB4629 EnrolledLRB102 22345 SPS 31482 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Athletic Trainers Practice Act is
amended by changing Sections 3, 4, 13, and 16 as follows:
 
    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 3. Definitions. As used in this Act:
    (1) "Department" means the Department of Financial and
Professional Regulation.
    (2) "Secretary" means the Secretary of Financial and
Professional Regulation.
    (3) "Board" means the Illinois Board of Athletic Trainers
appointed by the Secretary.
    (4) "Licensed athletic trainer" means a person licensed to
practice athletic training as defined in this Act and with the
specific qualifications set forth in Section 9 of this Act
who, upon the direction or consultation of a his or her team
physician or consulting physician, carries out the practice of
evaluation, prevention or emergency prevention/emergency care,
or physical reconditioning of injuries incurred by athletes
participating in an athletic program conducted by an
educational institution, professional athletic organization,
or sanctioned amateur athletic organization, performing arts
setting, clinical setting, or employment setting employing the
athletic trainer; or a person who, under the direction of a
physician, carries out comparable functions for a health
organization-based extramural program of athletic training
services for athletes. Specific duties of the athletic trainer
include, but are not limited to:
        A. Supervision of the selection, fitting, and
    maintenance of protective equipment;
        B. Provision of assistance to the coaching staff in
    the development and implementation of conditioning
    programs;
        C. Counseling of athletes on nutrition and hygiene;
        D. Supervision of athletic training facility and
    inspection of playing facilities;
        E. Selection and maintenance of athletic training
    equipment and supplies;
        F. (Blank); Instruction and supervision of student
    trainer staff;
        G. Coordination with a team physician to provide:
            (i) pre-competition physical exam and health
        history updates,
            (ii) game coverage or phone access to a physician
        or paramedic,
            (iii) follow-up injury care,
            (iv) reconditioning programs, and
            (v) assistance on all matters pertaining to the
        health and well-being of athletes; .
        H. Provision of on-site injury care and evaluation as
    well as appropriate transportation, follow-up treatment
    and reconditioning rehabilitation as necessary for all
    injuries sustained by athletes in the program;
        I. With a physician, determination of when an athlete
    may safely return to full participation post-injury; and
        J. Maintenance of complete and accurate records of all
    athlete athletic injuries and treatments rendered; and .
        K. Written reports to a referring individual every 30
    days services are provided.
    To carry out these functions the athletic trainer is
authorized to utilize modalities, including, but not limited
to, heat, light, sound, cold, electricity, exercise, or
mechanical devices related to care and reconditioning. An
athletic trainer may also carry out these functions upon
receiving a referral. A licensed athletic trainer shall use
"LAT" or "L.A.T." in connection with the athletic trainer's
name to denote licensure under this Act.
    (5) "Referral" means the written authorization for
athletic trainer services as provided in paragraph (4)
guidance and direction given by a the physician, physician
assistant, advanced practice registered nurse, podiatric
physician, or dentist, who shall maintain medical supervision
of the athlete and makes a diagnosis or verifies that the
patient's condition is such that it may be treated by an
athletic trainer.
    (6) "Aide" Athletic trainer aide" means a person who has
received on-the-job training specific to the facility in which
he or she is employed, on either a paid or volunteer basis, but
is not enrolled in an accredited athletic training curriculum.
    (7) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change
of address, and those changes must be made either through the
Department's website or by contacting the Department.
    (8) "Board of Certification" means the Board of
Certification for the Athletic Trainer.
    (9) "Athlete" means a person participating in an activity
that requires a level of strength, endurance, flexibility,
range of motion, speed, or agility which may include exercise,
sports, recreation, wellness, or employment activity.
    (10) "Physician assistant" means a physician assistant
licensed to practice under the Physician Assistant Practice
Act of 1987 in accordance with a written collaborative
agreement with a physician licensed to practice medicine in
all of its branches.
    (11) "Advanced practice registered nurse" means an
advanced practice registered nurse licensed to practice under
the Nurse Practice Act.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4. Licensure; exempt activities. No person shall
provide any of the services set forth in subsection (4) of
Section 3 of this Act, or use the title "athletic trainer" or
"certified athletic trainer" or "athletic trainer certified"
or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after the
athletic trainer's his or her name, unless licensed under this
Act.
    Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
        (1) Any person licensed or registered in this State by
    any other law from engaging in the profession or
    occupation for which he or she is licensed or registered.
        (2) Any person employed as an athletic trainer by the
    Government of the United States, if such person provides
    athletic training solely under the direction or control of
    the organization by which he or she is employed.
        (3) Any person pursuing a course of study leading to a
    degree or certificate in athletic training at an
    accredited educational program if such activities and
    services constitute a part of a supervised course of study
    involving daily personal or verbal contact at the site of
    supervision between the athletic training student and the
    licensed athletic trainer who plans, directs, advises, and
    evaluates the student's athletic training clinical
    education. The supervising licensed athletic trainer must
    be on-site where the athletic training clinical education
    is being obtained. A person meeting the criteria under
    this paragraph (3) must be designated by a title which
    clearly indicates his or her status as a student or
    trainee.
        (4) (Blank).
        (5) The practice of athletic training under the
    supervision of a licensed athletic trainer by one who has
    applied in writing to the Department for licensure and has
    complied with all the provisions of Section 9 except the
    passing of the examination to be eligible to receive such
    license. This temporary right to act as an athletic
    trainer shall expire 3 months after the filing of his or
    her written application to the Department; when the
    applicant has been notified of his or her failure to pass
    the examination authorized by the Department; when the
    applicant has withdrawn his or her application; when the
    applicant has received a license from the Department after
    successfully passing the examination authorized by the
    Department; or when the applicant has been notified by the
    Department to cease and desist from practicing, whichever
    occurs first. This provision shall not apply to an
    applicant who has previously failed the examination.
        (6) Any person in a coaching position from rendering
    emergency care on an as needed basis to the athletes under
    his or her supervision when a licensed athletic trainer is
    not available.
        (7) Any person who is an athletic trainer from another
    state or territory of the United States or another nation,
    state, or territory acting as an athletic trainer while
    performing his or her duties for his or her respective
    non-Illinois based team or organization, so long as he or
    she restricts his or her duties to his or her team or
    organization during the course of his or her team's or
    organization's stay in this State. For the purposes of
    this Act, a team shall be considered based in Illinois if
    its home contests are held in Illinois, regardless of the
    location of the team's administrative offices.
        (8) The practice of athletic training by persons
    licensed in another state who have applied in writing to
    the Department for licensure by endorsement. This
    temporary right to act as an athletic trainer shall expire
    6 months after the filing of his or her written
    application to the Department; upon the withdrawal of the
    application for licensure under this Act; upon delivery of
    a notice of intent to deny the application from the
    Department; or upon the denial of the application by the
    Department, whichever occurs first.
        (9) The practice of athletic training by one who has
    applied in writing to the Department for licensure and has
    complied with all the provisions of Section 9. This
    temporary right to act as an athletic trainer shall expire
    6 months after the filing of his or her written
    application to the Department; upon the withdrawal of the
    application for licensure under this Act; upon delivery of
    a notice of intent to deny the application from the
    Department; or upon the denial of the application by the
    Department, whichever occurs first.
        (10) The practice of athletic training by persons
    actively licensed as an athletic trainer in another state
    or territory of the United States or another country, or
    currently certified by the Board of Certification, or its
    successor entity, at a special athletic tournament or
    event conducted by a sanctioned amateur athletic
    organization, including, but not limited to, the Prairie
    State Games and the Special Olympics, for no more than 14
    days. This shall not include contests or events that are
    part of a scheduled series of regular season events.
        (11) Aides Athletic trainer aides from performing
    patient care activities under the on-site supervision of a
    licensed athletic trainer. These patient care activities
    shall not include interpretation of referrals or
    evaluation procedures, planning or major modifications of
    patient programs, administration of medication, or solo
    practice or event coverage without immediate access to a
    licensed athletic trainer.
        (12) Persons or entities practicing the specified
    occupations set forth in subsection (a) of, and pursuant
    to a licensing exemption granted in subsection (b) or (d)
    of, Section 2105-350 of the Department of Professional
    Regulation Law of the Civil Administrative Code of
    Illinois, but only for so long as the 2016 Olympic and
    Paralympic Games Professional Licensure Exemption Law is
    operable.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 13. Endorsement. The Department may, at its
discretion, license as an athletic trainer, without
examination, on payment of the required fee, an applicant for
licensure who is an athletic trainer registered or licensed
under the laws of another jurisdiction if the requirements
pertaining to athletic trainers in such jurisdiction were at
the date of his or her registration or licensure substantially
equal to the requirements in force in Illinois on that date or
equivalent to the requirements of this Act.
    An applicant for endorsement who has practiced for 10
consecutive years in another jurisdiction shall meet the
requirements for licensure by endorsement upon filing an
application on forms provided by the Department, paying the
required fee, and showing proof of licensure in another
jurisdiction for at least 10 consecutive years without
discipline by certified verification of licensure from the
jurisdiction in which the applicant practiced.
    Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the fee
forfeited and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 16. Grounds for discipline.
    (1) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action as the Department may deem proper,
including fines not to exceed $10,000 for each violation, with
regard to any licensee for any one or combination of the
following:
        (A) Material misstatement in furnishing information to
    the Department;
        (B) Violations of this Act, or of the rules or
    regulations promulgated hereunder;
        (C) Conviction of or plea of guilty to any crime under
    the Criminal Code of 2012 or the laws of any jurisdiction
    of the United States that is (i) a felony, (ii) a
    misdemeanor, an essential element of which is dishonesty,
    or (iii) of any crime that is directly related to the
    practice of the profession;
        (D) Fraud or any misrepresentation in applying for or
    procuring a license under this Act, or in connection with
    applying for renewal of a license under this Act;
        (E) Professional incompetence or gross negligence;
        (F) Malpractice;
        (G) Aiding or assisting another person, firm,
    partnership, or corporation in violating any provision of
    this Act or rules;
        (H) Failing, within 60 days, to provide information in
    response to a written request made by the Department;
        (I) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public;
        (J) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, alcohol, or any
    other substance that results in the inability to practice
    with reasonable judgment, skill, or safety;
        (K) Discipline by another state, unit of government,
    government agency, the District of Columbia, territory, or
    foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to
    those set forth herein;
        (L) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered. Nothing in this subparagraph (L) affects any
    bona fide independent contractor or employment
    arrangements among health care professionals, health
    facilities, health care providers, or other entities,
    except as otherwise prohibited by law. Any employment
    arrangements may include provisions for compensation,
    health insurance, pension, or other employment benefits
    for the provision of services within the scope of the
    licensee's practice under this Act. Nothing in this
    subparagraph (L) shall be construed to require an
    employment arrangement to receive professional fees for
    services rendered;
        (M) A finding by the Department that the licensee
    after having his or her license disciplined has violated
    the terms of probation;
        (N) Abandonment of an athlete;
        (O) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to false records filed with State agencies or departments;
        (P) Willfully failing to report an instance of
    suspected child abuse or neglect as required by the Abused
    and Neglected Child Reporting Act;
        (Q) Physical illness, including but not limited to
    deterioration through the aging process, or loss of motor
    skill that results in the inability to practice the
    profession with reasonable judgment, skill, or safety;
        (R) Solicitation of professional services other than
    by permitted institutional policy;
        (S) The use of any words, abbreviations, figures or
    letters with the intention of indicating practice as an
    athletic trainer without a valid license as an athletic
    trainer under this Act;
        (T) The evaluation or treatment of ailments of human
    beings other than by the practice of athletic training as
    defined in this Act or the treatment of injuries of
    athletes by a licensed athletic trainer except by the
    referral of a physician, physician assistant, advanced
    practice registered nurse, podiatric physician, or
    dentist;
        (U) Willfully violating or knowingly assisting in the
    violation of any law of this State relating to the use of
    habit-forming drugs;
        (V) Willfully violating or knowingly assisting in the
    violation of any law of this State relating to the
    practice of abortion;
        (W) Continued practice by a person knowingly having an
    infectious communicable or contagious disease;
        (X) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    pursuant to the Abused and Neglected Child Reporting Act
    and upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act;
        (X-5) Failure to provide a monthly report on the
    patient's progress to the referring physician, physician
    assistant, advanced practice registered nurse, podiatric
    physician, or dentist;
        (Y) (Blank);
        (Z) Failure to fulfill continuing education
    requirements;
        (AA) Allowing one's license under this Act to be used
    by an unlicensed person in violation of this Act;
        (BB) Practicing under a false or, except as provided
    by law, assumed name;
        (CC) Promotion of the sale of drugs, devices,
    appliances, or goods provided in any manner to exploit the
    client for the financial gain of the licensee;
        (DD) Gross, willful, or continued overcharging for
    professional services;
        (EE) Mental illness or disability that results in the
    inability to practice under this Act with reasonable
    judgment, skill, or safety; or
        (FF) Cheating on or attempting to subvert the
    licensing examination administered under this Act; .
        (GG) Violation of the Health Care Worker Self-Referral
    Act; or
        (HH) Failure by a supervising athletic trainer of an
    aide to maintain contact, including personal supervision
    and instruction, to ensure the safety and welfare of an
    athlete.
    All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
    (2) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission
and issuance of an order so finding and discharging the
licensee.
    (3) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied in accordance
with subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
    (4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician
licensed to practice medicine in all of its branches and may
consist of one or more or a combination of physicians licensed
to practice medicine in all of its branches, licensed
chiropractic physicians, licensed clinical psychologists,
licensed clinical social workers, licensed clinical
professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to
provide any testimony regarding the examination and
evaluation. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of the examination.
    Failure of any individual to submit to a mental or
physical examination or evaluation, or both, when directed,
shall result in an automatic suspension without hearing, until
such time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall
require the licensee to submit to care, counseling, or
treatment by physicians approved or designated by the
Department as a condition for continued, reinstated, or
renewed licensure.
    When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of
treatment and counseling regarding the impairment to the
extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
    Individuals licensed under this Act who are affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    (5) (Blank).
    (6) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency
to the Department, the Department may refuse to issue or renew
or may revoke or suspend that person's license or may take
other disciplinary action against that person based solely
upon the certification of delinquency made by the Department
of Healthcare and Family Services in accordance with paragraph
(5) of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)

Effective Date: 1/1/2023