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91_SB0658eng SB658 Engrossed LRB9103047ACtm 1 AN ACT to create the Orthotics, Prosthetics, and 2 Pedorthics Practice Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Orthotics, Prosthetics, and Pedorthics Practice Act. 7 Section 5. Declaration of public policy. The practice 8 of orthotics and prosthetics in the State of Illinois is an 9 allied health profession recognized by the American Medical 10 Association, with educational standards established by the 11 Commission on Accreditation of Allied Health Education 12 Programs. The practice of pedorthics in the State of 13 Illinois is an allied health profession recognized by the 14 American Academy of Orthopaedic Surgeons, with educational 15 standards established by the Board for Certification in 16 Pedorthics. The increasing population of elderly and 17 physically challenged individuals who need orthotic, 18 prosthetic, and pedorthic services requires that the 19 orthotic, prosthetic, and pedorthic professions be regulated 20 to ensure the provision of high-quality services and devices. 21 The people of Illinois deserve the best care available, and 22 will benefit from the assurance of initial and ongoing 23 professional competence of the orthotists, prosthetists, and 24 pedorthists practicing in this State. The practice of 25 orthotics, prosthetics, and pedorthics serves to improve and 26 enhance the lives of individuals with disabilities by 27 enabling them to resume productive lives following serious 28 illness, injury, or trauma. Unregulated dispensing of 29 orthotic, prosthetic, and pedorthic care does not adequately 30 meet the needs or serve the interests of the public. In 31 keeping with State requirements imposed on similar health SB658 Engrossed -2- LRB9103047ACtm 1 disciplines, licensure of the orthotic, prosthetic, and 2 pedorthic professions will help ensure the health and safety 3 of consumers, as well as maximize their functional abilities 4 and productivity levels. This Act shall be liberally 5 construed to best carry out these subjects and purposes. 6 Section 10. Definitions. As used in this Act: 7 "Assistant" means a person who assists an orthotist, 8 prosthetist, or prosthetist/orthotist with patient care 9 services and fabrication of orthoses or prostheses under the 10 supervision of a licensed orthotist or prosthetist. 11 "Board" means the Board of Orthotics, Prosthetics, and 12 Pedorthics. 13 "Custom" means that an orthosis, prosthesis, or pedorthic 14 device is designed, fabricated, and aligned specifically for 15 one person in accordance with sound biomechanical principles. 16 "Custom fitted" means that a prefabricated orthosis, 17 prosthesis, or pedorthic device is modified and aligned 18 specifically for one person in accordance with sound 19 biomechanical principles. 20 "Department" means the Department of Professional 21 Regulation. 22 "Director" means the Director of Professional Regulation. 23 "Facility" means the business location where orthotic, 24 prosthetic, or pedorthic care is provided and, in the case of 25 an orthotic/prosthetic facility, has the appropriate clinical 26 and laboratory space and equipment to provide comprehensive 27 orthotic or prosthetic care and, in the case of a pedorthic 28 facility, has the appropriate clinical space and equipment to 29 provide pedorthic care. Licensed orthotists, prosthetists, 30 and pedorthists must be available to either provide care or 31 supervise the provision of care by registered staff. 32 "Licensed orthotist" means a person licensed under this 33 Act to practice orthotics and who represents himself or SB658 Engrossed -3- LRB9103047ACtm 1 herself to the public by title or description of services 2 that includes the term "orthotic", "orthotist", "brace", or a 3 similar title or description of services. 4 "Licensed pedorthist" means a person licensed under this 5 Act to practice pedorthics and who represents himself or 6 herself to the public by the title or description of services 7 that include the term "pedorthic", "pedorthist", or a similar 8 title or description of services. 9 "Licensed physician" means a person licensed to practice 10 medicine in all its branches under the Medical Practice Act 11 of 1987. 12 "Licensed podiatrist" means a person licensed under the 13 Podiatric Medical Practice Act of 1987. 14 "Licensed prosthetist" means a person licensed under this 15 Act to practice prosthetics and who represents himself or 16 herself to the public by title or description of services 17 that includes the term "prosthetic", "prosthetist", 18 "artificial limb", or a similar title or description of 19 services. 20 "Orthosis" means a custom-fabricated or custom-fitted 21 brace or support designed to provide for alignment, 22 correction, or prevention of neuromuscular or musculoskeletal 23 dysfunction, disease, injury, or deformity. "Orthosis" does 24 not include fabric or elastic supports, corsets, arch 25 supports, low-temperature plastic splints, trusses, elastic 26 hoses, canes, crutches, soft cervical collars, dental 27 appliances, or other similar devices carried in stock and 28 sold as "over-the-counter" items by a drug store, department 29 store, corset shop, or surgical supply facility. 30 "Orthotic and Prosthetic Education Program" means a 31 course of instruction accredited by the Commission on 32 Accreditation of Allied Health Education Programs, consisting 33 of (i) a basic curriculum of college level instruction in 34 math, physics, biology, chemistry, and psychology and (ii) a SB658 Engrossed -4- LRB9103047ACtm 1 specific curriculum in orthotic or prosthetic courses, 2 including: (A) lectures covering pertinent anatomy, 3 biomechanics, pathomechanics, prosthetic-orthotic components 4 and materials, training and functional capabilities, 5 prosthetic or orthotic performance evaluation, prescription 6 considerations, etiology of amputations and disease processes 7 necessitating prosthetic or orthotic use, and medical 8 management; (B) subject matter related to pediatric and 9 geriatric problems; (C) instruction in acute care 10 techniques, such as immediate and early post-surgical 11 prosthetics, fracture bracing, and halo cast techniques; and 12 (D) lectures, demonstrations, and laboratory experiences 13 related to the entire process of measuring, casting, fitting, 14 fabricating, aligning, and completing prostheses or orthoses. 15 "Orthotic and prosthetic scope of practice" means a list 16 of tasks, with relative weight given to such factors as 17 importance, criticality, and frequency, based on 18 internationally accepted standards of orthotic and prosthetic 19 care as outlined by the International Society of Prosthetics 20 and Orthotics' professional profile for Category I and 21 Category III orthotic and prosthetic personnel. 22 "Orthotics" means the science and practice of evaluating, 23 measuring, designing, fabricating, assembling, fitting, 24 adjusting, or servicing an orthosis under an order from a 25 licensed physician, chiropractor, or podiatrist for the 26 correction or alleviation of neuromuscular or musculoskeletal 27 dysfunction, disease, injury, or deformity. 28 "Orthotist" means a person who measures, designs, 29 fabricates, fits, or services orthoses and assists in the 30 formulation of the prescription of orthoses as prescribed by 31 a licensed physician for the support or correction of 32 disabilities caused by neuro-musculoskeletal diseases, 33 injuries, or deformities. 34 "Over-the-counter" means a prefabricated, mass-produced SB658 Engrossed -5- LRB9103047ACtm 1 device that is prepackaged and requires no professional 2 advice or judgement in either size selection or use, 3 including fabric or elastic supports, corsets, generic arch 4 supports, elastic hoses. 5 "Pedorthic device" means therapeutic footwear, foot 6 orthoses for use at the ankle or below, and modified footwear 7 made for therapeutic purposes. "Pedorthic device" does not 8 include non-therapeutic accommodative inlays or 9 non-therapeutic accommodative footwear, regardless of method 10 of manufacture, shoe modifications made for non-therapeutic 11 purposes, unmodified, over-the-counter shoes, or 12 prefabricated foot care products. 13 "Pedorthic education program" means a course of 14 instruction accredited by the Board for Certification in 15 Pedorthics consisting of (i) a basic curriculum of 16 instruction in foot-related pathology of diseases, anatomy, 17 and biomechanics and (ii) a specific curriculum in pedorthic 18 courses, including lectures covering shoes, foot orthoses, 19 and shoe modifications, pedorthic components and materials, 20 training and functional capabilities, pedorthic performance 21 evaluation, prescription considerations, etiology of disease 22 processes necessitating use of pedorthic devices, medical 23 management, subject matter related to pediatric and geriatric 24 problems, and lectures, demonstrations, and laboratory 25 experiences related to the entire process of measuring and 26 casting, fitting, fabricating, aligning, and completing 27 pedorthic devices. 28 "Pedorthic scope of practice" means a list of tasks with 29 relative weight given to such factors as importance, 30 criticality, and frequency based on nationally accepted 31 standards of pedorthic care as outlined by the Board for 32 Certification in Pedorthics' comprehensive analysis with an 33 empirical validation study of the profession performed by an 34 independent testing company. SB658 Engrossed -6- LRB9103047ACtm 1 "Pedorthics" means the science and practice of 2 evaluating, measuring, designing, fabricating, assembling, 3 fitting, adjusting, or servicing a pedorthic device under an 4 order from a licensed physician, chiropractor or podiatrist 5 for the correction or alleviation of neuromuscular or 6 musculoskeletal dysfunction, disease, injury, or deformity. 7 "Pedorthist" means a person who measures, designs, 8 fabricates, fits, or services pedorthic devices and assists 9 in the formulation of the prescription of pedorthic devices 10 as prescribed by a licensed physician for the support or 11 correction of disabilities caused by neuro-musculoskeletal 12 diseases, injuries, or deformities. 13 "Person" means a natural person. 14 "Prosthesis" means an artificial medical device that is 15 not surgically implanted and that is used to replace a 16 missing limb, appendage, or any other external human body 17 part including an artificial limb, hand, or foot. 18 "Prosthesis" does not include artificial eyes, ears, fingers, 19 or toes, dental appliances, cosmetic devices such as 20 artificial breasts, eyelashes, or wigs, or other devices that 21 do not have a significant impact on the musculoskeletal 22 functions of the body. 23 "Prosthetics" means the science and practice of 24 evaluating, measuring, designing, fabricating, assembling, 25 fitting, adjusting, or servicing a prosthesis under an order 26 from a licensed physician. 27 "Prosthetist" means a person who measures, designs, 28 fabricates, fits, or services prostheses and assists in the 29 formulation of the prescription of prostheses as prescribed 30 by a licensed physician for the replacement of external parts 31 of the human body lost due to amputation or congenital 32 deformities or absences. 33 "Prosthetist/orthotist" means a person who practices both 34 disciplines of prosthetics and orthotics and who represents SB658 Engrossed -7- LRB9103047ACtm 1 himself or herself to the public by title or by description 2 of services. 3 "Registered prosthetist/orthotist assistant" means a 4 person registered under this Act who assists a licensed 5 orthotist or prosthetist with patient care services and the 6 fabrication of orthoses or prostheses. 7 "Registered pedorthic technician" means a person 8 registered under this Act who assists a pedorthist with 9 fabrication of pedorthic devices. 10 "Registered prosthetic/orthotic technician" means a 11 person registered under this Act who assists an orthotist or 12 prosthetist with fabrication of orthoses or prostheses. 13 "Resident" means a person who has completed an education 14 program in either orthotics or prosthetics and is continuing 15 his or her clinical education in a residency accredited by 16 the National Commission on Orthotic and Prosthetic Education. 17 "Technician" means a person who assists an orthotist, 18 prosthetist, prosthetist/orthotist, or pedorthist with 19 fabrication of orthoses, prostheses, or pedorthic devices but 20 does not provide direct patient care. 21 Section 15. Exceptions. This Act shall not be construed 22 to prohibit: 23 (1) a physician licensed in this State to practice 24 medicine in all its branches from engaging in the practice 25 for which he or she is licensed; 26 (2) a person licensed in this State under any other Act 27 from engaging in the practice for which he or she is 28 licensed; 29 (3) the practice of orthotics, prosthetics, or 30 pedorthics by a person who is employed by the federal 31 government or any bureau, division, or agency of the federal 32 government while in the discharge of the employee's official 33 duties; SB658 Engrossed -8- LRB9103047ACtm 1 (4) the practice of orthotics, prosthetics, or 2 pedorthics by (i) a student enrolled in a school of 3 orthotics, prosthetics, or pedorthics, (ii) a resident 4 continuing his or her clinical education in a residency 5 accredited by the National Commission on Orthotic and 6 Prosthetic Education, or (iii) a student in a qualified work 7 experience program or internship in pedorthics; 8 (5) the practice of orthotics, prosthetics, or 9 pedorthics by one who is an orthotist, prosthetist, or 10 pedorthist licensed under the laws of another state or 11 territory of the United States or another country and has 12 applied in writing to the Department, in a form and substance 13 satisfactory to the Department, for a license as orthotist, 14 prosthetist, or pedorthist and who is qualified to receive 15 the license under Section 40 until (i) the expiration of 6 16 months after the filing of the written application, (ii) the 17 withdrawal of the application, or (iii) the denial of the 18 application by the Department; 19 (6) a person licensed by this State as a physical 20 therapist or occupational therapist from engaging in the 21 practice of his or her profession; or 22 (7) a physician licensed under the Podiatric Medical 23 Practice Act of 1997 from engaging in his or her profession. 24 Section 20. Powers and duties of the Department. 25 (a) The Department shall exercise the powers and duties 26 prescribed by the Civil Administrative Code of Illinois for 27 the administration of licensure Acts and shall exercise other 28 powers and duties necessary for effectuating the purposes of 29 this Act. 30 (b) The Department may adopt rules to administer and 31 enforce this Act including, but not limited to, fees for 32 original licensure and renewal and restoration of licenses 33 and may prescribe forms to be issued to implement its rules. SB658 Engrossed -9- LRB9103047ACtm 1 The Department shall exercise the powers and duties 2 prescribed by this Act. At a minimum, the rules adopted by 3 the Department shall include standards and criteria for 4 licensure and for professional conduct and discipline. The 5 Department shall consult with the Board in adopting rules. 6 Notice of proposed rulemaking shall be transmitted to the 7 Board, and the Department shall review the Board's response 8 and any recommendations made in writing with proper 9 explanation of deviations from the Board's recommendations 10 and response. 11 (c) The Department at any time may seek the expert 12 advice and knowledge of the Board on any matter relating to 13 the enforcement of this Act. 14 (d) The Department shall issue a quarterly report to the 15 Board of the status of all complaints related to the 16 profession and filed with the Department. 17 (e) Department may adopt rules as necessary to establish 18 eligibility for facility registration and standards. 19 Section 25. Board of Orthotics, Prosthetics, and 20 Pedorthics. 21 (a) There is established a Board of Orthotics, 22 Prosthetics, and Pedorthics, which shall consist of 7 voting 23 members to be appointed by the Governor. Four members shall 24 be practicing licensed orthotists, licensed prosthetists, or 25 licensed pedorthists. These members may be licensed in more 26 than one discipline and their appointments must equally 27 represent all 3 disciplines. One member shall be a member of 28 the public who is a consumer of orthotic, prosthetic, or 29 pedorthic professional services. One member shall be a 30 public member who is not licensed under this Act or a 31 consumer of services licensed under this Act. One member 32 shall be a licensed physician. 33 (b) Each member of the Board shall serve a term of 3 SB658 Engrossed -10- LRB9103047ACtm 1 years, except that of the initial appointments to the Board, 2 2 members shall be appointed for one year, 2 members shall be 3 appointed for 2 years, and 3 members shall be appointed for 3 4 years. Each member shall hold office and execute his or her 5 Board responsibilities until the qualification and 6 appointment of his or her successor. No member of the Board 7 shall serve more than 8 consecutive years or 2 full terms, 8 whichever is greater. 9 (c) Members of the Board shall receive as compensation a 10 reasonable sum as determined by the Director for each day 11 actually engaged in the duties of the office and shall be 12 reimbursed for reasonable expenses incurred in performing the 13 duties of the office. 14 (d) A quorum of the Board shall consist of a majority of 15 Board members currently appointed. 16 (e) The Governor may terminate the appointment of any 17 member for cause which, in the opinion of the Governor 18 reasonably justifies termination, which may include, but is 19 not limited to, a Board member who does not attend 2 20 consecutive meetings. 21 (f) Membership of the Board should reasonably reflect 22 representation from the geographic areas in this State. 23 Section 30. Board; immunity; chairperson. 24 (a) Members of the Board shall be immune from suit in 25 any action based upon any disciplinary proceeding or other 26 activities performed in good faith as members of the Board. 27 (b) The Board shall annually elect a chairperson and 28 vice chairperson who shall be licensed under this Act. 29 Section 35. Application for original or temporary 30 license. An application for an original or temporary license 31 shall be made to the Department in writing on a form 32 prescribed by the Department and shall be accompanied by the SB658 Engrossed -11- LRB9103047ACtm 1 required fee, which shall not be refundable. An application 2 shall require information that in the judgement of the 3 Department will enable the Department to pass on the 4 qualifications of the applicant for a license. 5 Section 40. Qualifications for licensure as orthotist, 6 prosthetist, or pedorthist. 7 (a) To qualify for a license to practice orthotics or 8 prosthetics, a person shall: 9 (1) possess a baccalaureate degree from a college 10 or university; 11 (2) have completed the amount of formal training, 12 including, but not limited to, any hours of classroom 13 education and clinical practice established by the 14 Commission on Accreditation of Allied Health Education 15 Programs for an Orthotic and Prosthetic Education 16 Program; 17 (3) complete a clinical residency in the 18 professional area for which a license is sought in 19 accordance with standards, guidelines, or procedures for 20 residencies inside or outside this State established by 21 the National Commission on Orthotic and Prosthetic 22 Education or by the Board. The majority of training must 23 be devoted to services performed under the supervision of 24 a licensed practitioner of orthotics or prosthetics or a 25 person certified as a Certified Orthotist (CO), Certified 26 Prosthetist (CP), or Certified Prosthetist Orthotist 27 (CPO) whose certification was obtained before the 28 effective date of this Act; 29 (4) pass all written, practical, and oral 30 examinations that are required and approved by the 31 American Board for Certification in Prosthetics and 32 Orthotics, Incorporated, or hold similar certifications 33 from other accrediting bodies with equivalent educational SB658 Engrossed -12- LRB9103047ACtm 1 requirements and examination standards in orthotics and 2 prosthetics; or 3 (5) be qualified to practice in accordance with 4 internationally accepted standards of orthotic and 5 prosthetic care as outlined by the International Society 6 of Prosthetics and Orthotics' professional profile for 7 Category I orthotic and prosthetic personnel. 8 (b) To qualify for a license to practice pedorthics, a 9 person shall: 10 (1) possess a high school diploma or its 11 equivalent; 12 (2) have completed the amount of formal training, 13 including, but not limited to, any hours of classroom 14 education and clinical practice established by the Board 15 for Certification in Pedorthics for a Pedorthic Education 16 Program; 17 (3) complete a qualified work experience program or 18 internship in pedorthics in accordance with any 19 standards, guidelines, or procedures established by the 20 Board for Certification in Pedorthics; 21 (4) pass all examinations that are required and 22 approved by the Board for Certification in Pedorthics, or 23 hold similar certifications from other accrediting bodies 24 with equivalent educational requirements and examination 25 standards in pedorthics; and 26 (5) be qualified to practice in accordance with 27 nationally accepted standards of pedorthic care as 28 outlined by the Board for Certification in Pedorthics. 29 (c) The standards and requirements for licensure 30 established by the Department shall be substantially equal to 31 or in excess of standards commonly accepted in the profession 32 of orthotics, prosthetics, or pedorthics. The Department 33 shall adopt rules as necessary to set the standards and 34 requirements. SB658 Engrossed -13- LRB9103047ACtm 1 (d) A person may be licensed in more than one 2 discipline. 3 Section 45. Examination requirement. 4 (a) The Department may authorize examinations of 5 applicants as orthotists, prosthetists, or pedorthists at 6 times and places as it may determine. The examination of 7 applicants shall be of a character to fairly test the 8 qualifications of the applicant to practice orthotics, 9 prosthetics, or pedorthics. 10 (b) Applicants for examination as orthotists, 11 prosthetists, and pedorthists shall be required to pay, 12 either to the Department or the designated testing service, a 13 fee covering the cost of providing the examination. Failure 14 to appear for the examination on the scheduled date at the 15 time and place specified after the applicant's application 16 for examination has been received and acknowledged by the 17 Department or the designated testing service shall result in 18 the forfeiture of the examination fee. 19 (c) If an applicant neglects, fails, or refuses to take 20 an examination or fails to pass an examination for a license 21 under this Act within 3 years after filing his or her 22 application, the application shall be denied. All fees are 23 nonrefundable. The applicant may make a new application for 24 examination accompanied by the required fee and must furnish 25 proof of meeting qualifications for licensure in effect at 26 the time of new application. 27 (d) The Department shall set by rule the maximum number 28 of attempts that an applicant may make to pass the 29 examination within a specified period of time. The 30 Department shall also determine any further training required 31 before a reexamination. 32 (e) The Department may employ consultants for the 33 purpose of preparing and conducting examinations. An SB658 Engrossed -14- LRB9103047ACtm 1 applicant for an examination as an orthotist, a prosthetist, 2 or pedorthist shall be required to pay, either to the 3 Department or to the designated testing service, a fee 4 covering the cost of providing the examination. 5 Section 50. Qualifications for registration as an 6 assistant or technician. The Department shall adopt rules as 7 necessary to set standards and requirements for registration 8 to practice orthotics and prosthetics as an assistant or 9 orthotics, prosthetics, and pedorthics as a technician. The 10 Department may authorize examinations of applicants as an 11 orthotic or prosthetic assistant or an orthotic, prosthetic, 12 or pedorthic technician at times and places as it may 13 determine. The examination of applicants shall be of a 14 character to fairly test the qualifications of the applicant 15 to practice orthotics, prosthetics or pedorthics. 16 Section 55. Implementation of Act. 17 (a) Within 6 months after the effective date of this 18 Act, a person practicing orthotics, prosthetics, or 19 pedorthics or representing himself or herself as a 20 practitioner of orthotics, prosthetics, or pedorthics shall 21 register with the Department on forms provided by the 22 Department and shall pay the appropriate registration fee. 23 (b) From one year after the effective date of this Act 24 until January 1, 2002, no person shall engage in the practice 25 of orthotics, prosthetics, or pedorthics without a license or 26 certificate of registration. 27 (c) Until January 1, 2001, a person certified as a 28 Certified Orthotist (CO), Certified Prosthetist (CP), or 29 Certified Prosthetist Orthotist (CPO) by the American Board 30 for Certification in Prosthetics and Orthotics, Incorporated, 31 or holding similar certifications from other accrediting 32 bodies with equivalent educational requirements and SB658 Engrossed -15- LRB9103047ACtm 1 examination standards may apply for and shall be granted 2 orthotic or prosthetic licensure under this Act upon payment 3 of the required fee. After that date, any applicant for 4 licensure as an orthotist or a prosthetist shall meet the 5 requirements of subsection (a) of Section 40 of this Act. 6 (d) Until January 1, 2001, a person certified as a 7 Certified Pedorthist (CPed) by the Board for Certification in 8 Pedorthics, Incorporated, or a person certified as a 9 Certified Orthotist (CO) or Certified Prosthetist Orthotist 10 (CPO) by the American Board for Certification in Prosthetics 11 and Orthotics, Incorporated, or holding similar 12 certifications from other accrediting bodies with equivalent 13 educational requirements and examination standards may apply 14 for and shall be granted pedorthic licensure under this Act 15 upon payment of the required fee. After that date, any 16 applicant for licensure as a pedorthist shall meet the 17 requirements of subsection (b) of Section 40 of this Act. 18 (e) A person who does not qualify for licensure under 19 Section 40 or subsection (c) or (d) of this Section shall not 20 practice orthotics, prosthetics, or pedorthics without a 21 certificate of registration. Until June 30, 2001, the 22 Department shall issue a nonrenewable certificate of 23 registration to an applicant upon payment of a $500 fee. The 24 certificate of registration shall automatically expire on 25 December 31, 2001. A registrant issued a certificate under 26 this subsection (e) shall be subject to the disciplinary 27 provisions of this Act in the same manner as a licensee. 28 (f) On and after December 31, 2001, no person shall 29 practice orthotics, prosthetics, or pedorthics in this State 30 or hold himself or herself out as being able to practice 31 either profession, unless he or she is licensed in accordance 32 with Section 40 of this Act. 33 (g) Notwithstanding any other provision of this Section, 34 a person who has practiced full-time for the past 7 years in SB658 Engrossed -16- LRB9103047ACtm 1 a prosthetic/orthotic facility as an orthotist, prosthetist, 2 prosthetist/orthotist, assistant, or technician or in a 3 pedorthic facility as a pedorthist or pedorthic technician on 4 the effective date of this Act may file an application with 5 the Board within 60 days after the effective date of this Act 6 in order to continue to practice orthotics, prosthetics, or 7 pedorthics at his or her identified level of practice. The 8 applicant shall be issued a license or certificate of 9 registration to practice orthotics, prosthetics, or 10 pedorthics under the provisions of this Act without 11 examination upon receipt by the Department of payment of the 12 licensing or registration fee required under Section 70 of 13 this Act and after the Board has completed an investigation 14 of the applicant's work history. The Board shall complete 15 its investigation for the purposes of this Section within 6 16 months of the date of the application. The investigation may 17 include, but is not limited to, completion by the applicant 18 of a questionnaire regarding the applicant's work history and 19 scope of practice. 20 Section 57. Limitation on provision of care and 21 services. A licensed orthotist or pedorthist may provide 22 care or services only if the care or services are provided 23 pursuant to an order from a licensed physician, chiropractor, 24 or podiatrist. A licensed prosthetist may provide care or 25 services only if the care or services are provided pursuant 26 to an order from a licensed physician. 27 Section 60. Renewal; restoration; military service. 28 (a) The expiration date and renewal period for each 29 license issued under this Act shall be set by rule of the 30 Department. The Board shall establish continuing education 31 requirements for the renewal of a license. These 32 requirements shall be based on established standards of SB658 Engrossed -17- LRB9103047ACtm 1 competence. 2 (b) A person who has permitted his or her license to 3 expire or who has had his or her license on inactive status 4 may have his or her license restored by (i) making 5 application to the Department, (ii) filing proof acceptable 6 to the Department of his or her fitness to have his or her 7 license restored including, but not limited to, sworn 8 evidence certifying to active practice in another 9 jurisdiction satisfactory to the Department, and (iii) paying 10 the required restoration fee. If the person has not 11 maintained an active practice in another jurisdiction 12 satisfactory to the Department, the Board shall determine, by 13 an evaluation program established by rule, his or her fitness 14 to resume active status and may require the person to 15 complete a period of evaluated clinical experience and may 16 require successful completion of an examination. 17 (c) A person whose license expired while he or she was 18 (i) in federal service on active duty within the armed forces 19 of the United States or with the State militia called into 20 service or training or (ii) in training or education under 21 the supervision of the United States preliminary to induction 22 into military service may have his or her license renewed or 23 restored without paying a lapsed renewal fee if, within 2 24 years after termination from the service, training, or 25 education except under conditions other than honorable, he or 26 she furnished the Department with satisfactory evidence that 27 he or she has been so engaged and that his or her service, 28 training, or education has been terminated. 29 Section 65. Elective inactive status. A person who 30 notifies the Department in writing on forms prescribed by the 31 Department may elect to place his or her license on an 32 inactive status and shall, subject to rules of the 33 Department, be excused from payment of renewal fees until he SB658 Engrossed -18- LRB9103047ACtm 1 or she notifies the Department in writing of his or her 2 desire to resume active status. 3 A person requesting restoration from inactive status 4 shall be required to pay the current renewal fee and shall be 5 required to restore his or her license as provided in Section 6 60 of this Act. 7 An orthotist, prosthetist, or pedorthist whose license is 8 on inactive status shall not practice orthotics, prosthetics, 9 or pedorthics in this State. 10 Section 70. Endorsement; temporary license. 11 (a) The Department may, at its discretion, license as 12 either an orthotist, prosthetist, or pedorthist, without 13 examination and on payment of the required fee, an applicant 14 who is an orthotist, prosthetist, or pedorthist who is (i) 15 licensed under the laws of another state, territory, or 16 country, if the requirements for licensure in that state, 17 territory, or country in which the applicant was licensed 18 were, at the date of his or her licensure, substantially 19 equal to the requirements in force in this State on that date 20 or (ii) certified by a national certification organization 21 with educational and testing standards equal to or more 22 stringent than the licensing requirements of this State. 23 (b) The Board may issue a temporary license to a person 24 who: 25 (1) has become a resident of this State within the 26 last 6 months or who has moved to this State with the 27 intent to fulfill residency requirements; 28 (2) has applied for a license as an orthotist, 29 prosthetist, or pedorthist; and 30 (3) has been licensed by a state of former 31 residence that has licensing requirements equal to or 32 more stringent than the requirements of this Act. 33 A temporary license shall be valid for one year from the SB658 Engrossed -19- LRB9103047ACtm 1 date of issuance and may be renewed upon presentation of 2 good cause to the Board for up to one additional year. 3 Section 75. Fees. 4 (a) The Department shall provide by rule for a schedule 5 of fees to be paid for licenses by all applicants. All fees 6 are not refundable. 7 (b) The fees for the administration and enforcement of 8 this Act including, but not limited to, original licensure, 9 renewal, and restoration shall be set by rule by the 10 Department. 11 (c) All fees and fines collected under this Act shall be 12 deposited into the General Professions Dedicated Fund. 13 Section 80. Roster of licensees and registrants. The 14 Department shall maintain a current roster of the names and 15 addresses of all licensees, registrants, and all persons 16 whose licenses have been suspended or revoked within the 17 previous year. This roster shall be available upon written 18 request and payment of the required fee. 19 Section 85. Practice by corporations. Nothing in this 20 Act shall restrict licensees from forming professional 21 service corporations under the provisions of the Professional 22 Service Corporation Act. 23 Section 90. Grounds for discipline. 24 (a) The Department may refuse to issue or renew a 25 license, may revoke or suspend a license, or may suspend, 26 place on probation, censure, or reprimand a licensee for one 27 or any combination of the following: 28 (1) Making a material misstatement in furnishing 29 information to the Department or the Board. 30 (2) Violations of or negligent or intentional SB658 Engrossed -20- LRB9103047ACtm 1 disregard of this Act or its rules. 2 (3) Conviction of any crime that under the laws of 3 the United States or of a state or territory of the 4 United States is a felony or a misdemeanor, an essential 5 element of which is dishonesty, or of a crime that is 6 directly related to the practice of the profession. 7 (4) Making a misrepresentation for the purpose of 8 obtaining a license. 9 (5) Professional incompetence. 10 (6) Malpractice. 11 (7) Aiding or assisting another person in violating 12 a provision of this Act or its rules. 13 (8) Failing to provide information within 60 days 14 in response to a written request made by the Department. 15 (9) Engaging in dishonorable, unethical, or 16 unprofessional conduct or conduct of a character likely 17 to deceive, defraud, or harm the public. 18 (10) Habitual intoxication or addiction to the use 19 of drugs. 20 (11) Discipline by another state or territory of 21 the United States, the federal government, or foreign 22 nation, if at least one of the grounds for the discipline 23 is the same or substantially equivalent to one set forth 24 in this Section. 25 (12) Directly or indirectly giving to or receiving 26 from a person, firm, corporation, partnership, or 27 association a fee, commission, rebate, or other form of 28 compensation for professional services not actually or 29 personally rendered. 30 (13) A finding by the Board that the licensee or 31 registrant, after having his or her license placed on 32 probationary status, has violated the terms of probation. 33 (14) Abandonment of a patient or client. 34 (15) Wilfully making or filing false records or SB658 Engrossed -21- LRB9103047ACtm 1 reports in his or her practice including, but not limited 2 to, false records filed with State agencies or 3 departments. 4 (16) Wilfully failing to report an instance of 5 suspected child abuse or neglect as required by the 6 Abused and Neglected Child Reporting Act. 7 (17) Physical illness including, but not limited 8 to, deterioration through the aging process or loss of 9 motor skill that results in the inability to practice the 10 profession with reasonable judgement, skill, or safety. 11 (18) Solicitation of professional services using 12 false or misleading advertising. 13 (b) The determination by a circuit court that a licensee 14 or registrant is subject to involuntary admission or judicial 15 admission, as provided in the Mental Health and Developmental 16 Disabilities Code, operates as an automatic suspension. The 17 suspension will end only upon (i) a finding by a court that 18 the patient is no longer subject to involuntary admission or 19 judicial admission and the issuance of a court order so 20 finding and discharging the patient and (ii) the 21 recommendation of the Board to the Director that the licensee 22 or registrant be allowed to resume his or her practice. 23 Section 95. Injunction; cease and desist order. 24 (a) If any person violates a provision of this Act, the 25 Director may, in the name of the People of the State of 26 Illinois and through the Attorney General of the State of 27 Illinois, petition for an order enjoining the violation or 28 for an order enforcing compliance with this Act. Upon the 29 filing of a verified petition in court, the court may issue a 30 temporary restraining order, without notice or bond, and may 31 preliminarily and permanently enjoin the violation. If it is 32 established that the person has violated or is violating the 33 injunction, the court may punish the offender for contempt of SB658 Engrossed -22- LRB9103047ACtm 1 court. Proceedings under this Section shall be in addition 2 to, and not in lieu of, all other remedies and penalties 3 provided by this Act. 4 (b) If a person practices as an orthotist, prosthetist, 5 or pedorthist or holds himself or herself out as an 6 orthotist, prosthetist, or pedorthist without being licensed 7 or registered under the provisions of this Act, then any 8 other licensed or registered orthotist, prosthetist, or 9 pedorthist, any interested party, or any person injured by 10 the person may, in addition to the Director, petition for 11 relief as provided in subsection (a) of this Section. 12 (c) Whenever in the opinion of the Department a person 13 violates a provision of this Act, the Department may issue a 14 rule to show cause why an order to cease and desist should 15 not be entered against him or her. The rule shall clearly 16 set forth the grounds relied upon by the Department and shall 17 provide a period of 7 days from the date of the rule to file 18 an answer to the satisfaction of the Department. Failure to 19 answer to the satisfaction of the Department shall cause an 20 order to cease and desist to be issued immediately. 21 Section 100. Investigations; notice and hearing. The 22 Department may investigate the actions of an applicant or of 23 a person or persons holding or claiming to hold a license. 24 Before refusing to issue or renew a license, the Department 25 shall, at least 10 days prior to the date set for the 26 hearing, notify in writing the applicant for or holder of a 27 license of the nature of the charges and that a hearing will 28 be held on the date designated. The written notice may be 29 served by personal delivery or by certified or registered 30 mail to the respondent at the address disclosed on his or her 31 last notification to the Department. At the time and place 32 fixed in the notice, the Board shall proceed to hear the 33 charges. The parties or their counsel shall be afforded SB658 Engrossed -23- LRB9103047ACtm 1 ample opportunity to present statements, testimony, evidence, 2 and argument that may be pertinent to the charges or to the 3 defense to the charges. The Board may continue the hearing 4 from time to time. 5 Section 105. Transcript. The Department, at its own 6 expense, shall preserve a record of all proceedings at the 7 formal hearing of a case involving the refusal to issue or 8 renew a license. The notice of hearing, complaint, and all 9 other documents in the nature of pleadings and written 10 motions filed in the proceedings, the transcript of 11 testimony, the report of the Board, and orders of the 12 Department shall be in the record of the proceeding. 13 Section 110. Compelling testimony. A circuit court may, 14 upon application of the Director or his or her designee or 15 the applicant or licensee against whom proceedings under 16 Section 100 of this Act are pending, enter an order requiring 17 the attendance of witnesses and their testimony and requiring 18 the production of documents, papers, files, books, and 19 records in connection with a hearing or investigation. The 20 court may compel obedience to its order through contempt 21 proceedings. 22 Section 115. Board findings and recommendations. At the 23 conclusion of a hearing, the Board shall present to the 24 Director a written report of its findings and 25 recommendations. The report shall contain a finding of 26 whether or not the accused person violated this Act or failed 27 to comply with the conditions required in this Act. The 28 Board shall specify the nature of the violation or failure to 29 comply and shall make its recommendations to the Director. 30 The report of findings and recommendations of the Board shall 31 be the basis for the Department's order for the refusal or SB658 Engrossed -24- LRB9103047ACtm 1 for the granting of a license, unless the Director determines 2 that the Board report is contrary to the manifest weight of 3 the evidence, in which case the Director may issue an order 4 in contravention to the Board report. A Board finding is not 5 admissible in evidence against the person in a criminal 6 prosecution brought for a violation of this Act, but the 7 hearing and finding are not a bar to a criminal prosecution 8 brought for a violation of this Act. 9 Section 120. Motion for rehearing. In any case 10 involving the refusal to issue or renew a license or the 11 discipline of a licensee, a copy of the Board's report shall 12 be served upon the respondent by the Department, either 13 personally or as provided in this Act for the service of the 14 notice of hearing. Within 20 days after service, the 15 respondent may present to the Department a motion in writing 16 for a rehearing, which shall specify the particular grounds 17 for rehearing. If no motion for rehearing is filed, then 18 upon the expiration of the time specified for filing the 19 motion, or if a motion for rehearing is denied, upon the 20 denial, the Director may enter an order in accordance with 21 recommendations of the Board, except as provided in Section 22 115 of this Act. If the respondent orders from the reporting 23 service and pays for a transcript of the record within the 24 time for filing a motion for rehearing, the 20-day period 25 within which the motion may be filed shall commence upon the 26 delivery of the transcript to the respondent. 27 Section 125. Rehearing on order of Director. Whenever 28 the Director is not satisfied that substantial justice has 29 been done in the revocation, suspension, or refusal to issue 30 or renew a license the Director may order a rehearing by the 31 same or other examiners. SB658 Engrossed -25- LRB9103047ACtm 1 Section 130. Appointment of hearing officer. The 2 Director shall have the authority to appoint an attorney 3 licensed to practice law in the State of Illinois to serve as 4 a hearing officer in an action for refusal to issue or renew 5 a license or to discipline a licensee. The hearing officer 6 shall have full authority to conduct the hearing. The 7 hearing officer shall report his or her findings and 8 recommendations to the Board and the Director. The Board 9 shall have 60 days from receipt of the report to review the 10 report of the hearing officer and present its findings of 11 fact, conclusions of law, and recommendations to the 12 Director. If the Board fails to present its report within 13 the 60-day period, the Director shall issue an order based on 14 the report of the hearing officer. If the Director 15 determines that the Board's report is contrary to the 16 manifest weight of the evidence, he or she may issue an order 17 in contravention of the Board's report. 18 Section 135. Order or certified copy. An order or a 19 certified copy of an order, over the seal of the Department 20 and purporting to be signed by the Director, shall be prima 21 facie proof: 22 (1) that the signature is the genuine signature of the 23 Director; 24 (2) that the Director is duly appointed and qualified; 25 and 26 (3) that the Board and its members are qualified to act. 27 Section 140. Restoration of suspended or revoked 28 license. At any time after the suspension or revocation of 29 any license, the Department may restore the license to the 30 accused person upon the written recommendation of the Board 31 unless, after an investigation and a hearing, the Board 32 determines that restoration is not in the public interest. SB658 Engrossed -26- LRB9103047ACtm 1 Section 145. Surrender of license. Upon the revocation 2 or suspension of a license, the licensee shall immediately 3 surrender the license to the Department, and if the licensee 4 fails to do so, the Department shall have the right to seize 5 the license. 6 Section 150. Temporary suspension of a license. The 7 Director may temporarily suspend the license of an orthotist, 8 prosthetist, or pedorthist without a hearing simultaneously 9 with the institution of proceedings for a hearing provided 10 for in Section 95 of this Act if the Director finds that 11 evidence in his or her possession indicates that a licensee's 12 continuation in practice would constitute an imminent danger 13 to the public. If the Director temporarily suspends a 14 license without a hearing, a hearing by the Board must be 15 held within 30 days after the suspension. 16 Section 155. Administrative Review Law; venue. All 17 final administrative decisions of the Department are subject 18 to judicial review pursuant to the provisions of the 19 Administrative Review Law and its rules. The term 20 "administrative decision" has the same meaning as in Section 21 3-101 of the Administrative Review Law. Proceedings for 22 judicial review shall be commenced in the circuit court of 23 the county in which the party applying for review resides, 24 but if the party is not a resident of this State, the venue 25 shall be in Sangamon County. 26 Section 160. Certifications of record; costs. The 27 Department shall not be required to certify any record to the 28 court or file any answer in court or otherwise appear in any 29 court in a judicial review proceeding unless there is filed 30 in the court with the complaint a receipt from the Department 31 acknowledging payment of the costs of furnishing and SB658 Engrossed -27- LRB9103047ACtm 1 certifying the record, which shall be computed at the rate of 2 20 cents per page of the record. Failure on the part of a 3 plaintiff to file a receipt in court shall be grounds for 4 dismissal of the action. 5 Section 165. Penalties. A person who is found to have 6 violated a provision of this Act is guilty of a Class A 7 misdemeanor for a first offense and is guilty of a Class 4 8 felony for a second or subsequent offense. 9 Section 170. Illinois Administrative Procedure Act. The 10 Illinois Administrative Procedure Act is hereby expressly 11 adopted and incorporated in this Act as if all of the 12 provisions of that Act were included in this Act, except that 13 the provision of subsection (d) of Section 10-65 of the 14 Illinois Administrative Procedure Act, which provides that at 15 hearings the licensee has the right to show compliance with 16 all lawful requirements for retention, continuation, or 17 renewal of the license, is specifically excluded and for 18 purposes of this Act. The notice required under Section 19 10-25 of the Illinois Administrative Procedure Act is deemed 20 sufficient when mailed to the last known address of a party. 21 Section 175. Home rule preemption. It is declared to be 22 the public policy of this State, pursuant to paragraph (h) of 23 Section 6 of Article VII of the Illinois Constitution of 24 1970, that a power or function set forth in this Act to be 25 exercised by the State is an exclusive State power or 26 function. No power or function granted under this Act shall 27 be exercised concurrently, either directly or indirectly, by 28 a unit of local government, including home rule units, except 29 as otherwise provided in this Act. 30 Section 250. The Regulatory Sunset Act is amended by SB658 Engrossed -28- LRB9103047ACtm 1 adding Section 4.20 as follows: 2 (5 ILCS 80/4.20 new) 3 Sec. 4.20. Act repealed on January 1, 2010. The following 4 Act is repealed on January 1, 2010: 5 The Illinois Orthotics, Prosthetics, and Pedorthics 6 Practice Act. 7 Section 999. Effective date. This Act takes effect 8 January 1, 2000.