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91_SB0658ham001
LRB9103047ACtmam06
1 AMENDMENT TO SENATE BILL 658
2 AMENDMENT NO. . Amend Senate Bill 658 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Orthotics, Prosthetics, and Pedorthics Practice Act.
6 Section 5. Declaration of public policy. The practice
7 of orthotics and prosthetics in the State of Illinois is an
8 allied health profession recognized by the American Medical
9 Association, with educational standards established by the
10 Commission on Accreditation of Allied Health Education
11 Programs. The practice of pedorthics in the State of
12 Illinois is an allied health profession recognized by the
13 American Academy of Orthopaedic Surgeons, with educational
14 standards established by the Board for Certification in
15 Pedorthics. The increasing population of elderly and
16 physically challenged individuals who need orthotic,
17 prosthetic, and pedorthic services requires that the
18 orthotic, prosthetic, and pedorthic professions be regulated
19 to ensure the provision of high-quality services and devices.
20 The people of Illinois deserve the best care available, and
21 will benefit from the assurance of initial and ongoing
22 professional competence of the orthotists, prosthetists, and
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1 pedorthists practicing in this State. The practice of
2 orthotics, prosthetics, and pedorthics serves to improve and
3 enhance the lives of individuals with disabilities by
4 enabling them to resume productive lives following serious
5 illness, injury, or trauma. Unregulated dispensing of
6 orthotic, prosthetic, and pedorthic care does not adequately
7 meet the needs or serve the interests of the public. In
8 keeping with State requirements imposed on similar health
9 disciplines, licensure of the orthotic, prosthetic, and
10 pedorthic professions will help ensure the health and safety
11 of consumers, as well as maximize their functional abilities
12 and productivity levels. This Act shall be liberally
13 construed to best carry out these subjects and purposes.
14 Section 10. Definitions. As used in this Act:
15 "Assistant" means a person who assists an orthotist,
16 prosthetist, or prosthetist/orthotist with patient care
17 services and fabrication of orthoses or prostheses under the
18 supervision of a licensed orthotist or prosthetist.
19 "Board" means the Board of Orthotics, Prosthetics, and
20 Pedorthics.
21 "Custom" means that an orthosis, prosthesis, or pedorthic
22 device is designed, fabricated, and aligned specifically for
23 one person in accordance with sound biomechanical principles.
24 "Custom fitted" means that a prefabricated orthosis,
25 prosthesis, or pedorthic device is modified and aligned
26 specifically for one person in accordance with sound
27 biomechanical principles.
28 "Department" means the Department of Professional
29 Regulation.
30 "Director" means the Director of Professional Regulation.
31 "Facility" means the business location where orthotic,
32 prosthetic, or pedorthic care is provided and, in the case of
33 an orthotic/prosthetic facility, has the appropriate clinical
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1 and laboratory space and equipment to provide comprehensive
2 orthotic or prosthetic care and, in the case of a pedorthic
3 facility, has the appropriate clinical space and equipment to
4 provide pedorthic care. Licensed orthotists, prosthetists,
5 and pedorthists must be available to either provide care or
6 supervise the provision of care by registered staff.
7 "Licensed orthotist" means a person licensed under this
8 Act to practice orthotics and who represents himself or
9 herself to the public by title or description of services
10 that includes the term "orthotic", "orthotist", "brace", or a
11 similar title or description of services.
12 "Licensed pedorthist" means a person licensed under this
13 Act to practice pedorthics and who represents himself or
14 herself to the public by the title or description of services
15 that include the term "pedorthic", "pedorthist", or a similar
16 title or description of services.
17 "Licensed physician" means a person licensed under the
18 Medical Practice Act of 1987.
19 "Licensed podiatrist" means a person licensed under the
20 Podiatric Medical Practice Act of 1987.
21 "Licensed prosthetist" means a person licensed under this
22 Act to practice prosthetics and who represents himself or
23 herself to the public by title or description of services
24 that includes the term "prosthetic", "prosthetist",
25 "artificial limb", or a similar title or description of
26 services.
27 "Orthosis" means a custom-fabricated or custom-fitted
28 brace or support designed to provide for alignment,
29 correction, or prevention of neuromuscular or musculoskeletal
30 dysfunction, disease, injury, or deformity. "Orthosis" does
31 not include fabric or elastic supports, corsets, arch
32 supports, low-temperature plastic splints, trusses, elastic
33 hoses, canes, crutches, soft cervical collars, dental
34 appliances, or other similar devices carried in stock and
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1 sold as "over-the-counter" items by a drug store, department
2 store, corset shop, or surgical supply facility.
3 "Orthotic and Prosthetic Education Program" means a
4 course of instruction accredited by the Commission on
5 Accreditation of Allied Health Education Programs, consisting
6 of (i) a basic curriculum of college level instruction in
7 math, physics, biology, chemistry, and psychology and (ii) a
8 specific curriculum in orthotic or prosthetic courses,
9 including: (A) lectures covering pertinent anatomy,
10 biomechanics, pathomechanics, prosthetic-orthotic components
11 and materials, training and functional capabilities,
12 prosthetic or orthotic performance evaluation, prescription
13 considerations, etiology of amputations and disease processes
14 necessitating prosthetic or orthotic use, and medical
15 management; (B) subject matter related to pediatric and
16 geriatric problems; (C) instruction in acute care
17 techniques, such as immediate and early post-surgical
18 prosthetics, fracture bracing, and halo cast techniques; and
19 (D) lectures, demonstrations, and laboratory experiences
20 related to the entire process of measuring, casting, fitting,
21 fabricating, aligning, and completing prostheses or orthoses.
22 "Orthotic and prosthetic scope of practice" means a list
23 of tasks, with relative weight given to such factors as
24 importance, criticality, and frequency, based on
25 internationally accepted standards of orthotic and prosthetic
26 care as outlined by the International Society of Prosthetics
27 and Orthotics' professional profile for Category I and
28 Category III orthotic and prosthetic personnel.
29 "Orthotics" means the science and practice of evaluating,
30 measuring, designing, fabricating, assembling, fitting,
31 adjusting, or servicing an orthosis under an order from a
32 licensed physician or podiatrist for the correction or
33 alleviation of neuromuscular or musculoskeletal dysfunction,
34 disease, injury, or deformity.
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1 "Orthotist" means a person who measures, designs,
2 fabricates, fits, or services orthoses and assists in the
3 formulation of the prescription of orthoses as prescribed by
4 a licensed physician for the support or correction of
5 disabilities caused by neuro-musculoskeletal diseases,
6 injuries, or deformities.
7 "Over-the-counter" means a prefabricated, mass-produced
8 device that is prepackaged and requires no professional
9 advice or judgement in either size selection or use,
10 including fabric or elastic supports, corsets, generic arch
11 supports, elastic hoses.
12 "Pedorthic device" means therapeutic footwear, foot
13 orthoses for use at the ankle or below, and modified footwear
14 made for therapeutic purposes. "Pedorthic device" does not
15 include non-therapeutic accommodative inlays or
16 non-therapeutic accommodative footwear, regardless of method
17 of manufacture, shoe modifications made for non-therapeutic
18 purposes, unmodified, over-the-counter shoes, or
19 prefabricated foot care products.
20 "Pedorthic education program" means a course of
21 instruction accredited by the Board for Certification in
22 Pedorthics consisting of (i) a basic curriculum of
23 instruction in foot-related pathology of diseases, anatomy,
24 and biomechanics and (ii) a specific curriculum in pedorthic
25 courses, including lectures covering shoes, foot orthoses,
26 and shoe modifications, pedorthic components and materials,
27 training and functional capabilities, pedorthic performance
28 evaluation, prescription considerations, etiology of disease
29 processes necessitating use of pedorthic devices, medical
30 management, subject matter related to pediatric and geriatric
31 problems, and lectures, demonstrations, and laboratory
32 experiences related to the entire process of measuring and
33 casting, fitting, fabricating, aligning, and completing
34 pedorthic devices.
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1 "Pedorthic scope of practice" means a list of tasks with
2 relative weight given to such factors as importance,
3 criticality, and frequency based on nationally accepted
4 standards of pedorthic care as outlined by the Board for
5 Certification in Pedorthics' comprehensive analysis with an
6 empirical validation study of the profession performed by an
7 independent testing company.
8 "Pedorthics" means the science and practice of
9 evaluating, measuring, designing, fabricating, assembling,
10 fitting, adjusting, or servicing a pedorthic device under an
11 order from a licensed physician, chiropractor or podiatrist
12 for the correction or alleviation of neuromuscular or
13 musculoskeletal dysfunction, disease, injury, or deformity.
14 "Pedorthist" means a person who measures, designs,
15 fabricates, fits, or services pedorthic devices and assists
16 in the formulation of the prescription of pedorthic devices
17 as prescribed by a licensed physician for the support or
18 correction of disabilities caused by neuro-musculoskeletal
19 diseases, injuries, or deformities.
20 "Person" means a natural person.
21 "Prosthesis" means an artificial medical device that is
22 not surgically implanted and that is used to replace a
23 missing limb, appendage, or any other external human body
24 part including an artificial limb, hand, or foot.
25 "Prosthesis" does not include artificial eyes, ears, fingers,
26 or toes, dental appliances, cosmetic devices such as
27 artificial breasts, eyelashes, or wigs, or other devices that
28 do not have a significant impact on the musculoskeletal
29 functions of the body.
30 "Prosthetics" means the science and practice of
31 evaluating, measuring, designing, fabricating, assembling,
32 fitting, adjusting, or servicing a prosthesis under an order
33 from a licensed physician.
34 "Prosthetist" means a person who measures, designs,
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1 fabricates, fits, or services prostheses and assists in the
2 formulation of the prescription of prostheses as prescribed
3 by a licensed physician for the replacement of external parts
4 of the human body lost due to amputation or congenital
5 deformities or absences.
6 "Prosthetist/orthotist" means a person who practices both
7 disciplines of prosthetics and orthotics and who represents
8 himself or herself to the public by title or by description
9 of services.
10 "Registered prosthetist/orthotist assistant" means a
11 person registered under this Act who assists a licensed
12 orthotist or prosthetist with patient care services and the
13 fabrication of orthoses or prostheses.
14 "Registered pedorthic technician" means a person
15 registered under this Act who assists a pedorthist with
16 fabrication of pedorthic devices.
17 "Registered prosthetic/orthotic technician" means a
18 person registered under this Act who assists an orthotist or
19 prosthetist with fabrication of orthoses or prostheses.
20 "Resident" means a person who has completed an education
21 program in either orthotics or prosthetics and is continuing
22 his or her clinical education in a residency accredited by
23 the National Commission on Orthotic and Prosthetic Education.
24 "Technician" means a person who assists an orthotist,
25 prosthetist, prosthetist/orthotist, or pedorthist with
26 fabrication of orthoses, prostheses, or pedorthic devices but
27 does not provide direct patient care.
28 Section 15. Exceptions. This Act shall not be construed
29 to prohibit:
30 (1) a physician licensed in this State from engaging in
31 the practice for which he or she is licensed;
32 (2) a person licensed in this State under any other Act
33 from engaging in the practice for which he or she is
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1 licensed;
2 (3) the practice of orthotics, prosthetics, or
3 pedorthics by a person who is employed by the federal
4 government or any bureau, division, or agency of the federal
5 government while in the discharge of the employee's official
6 duties;
7 (4) the practice of orthotics, prosthetics, or
8 pedorthics by (i) a student enrolled in a school of
9 orthotics, prosthetics, or pedorthics, (ii) a resident
10 continuing his or her clinical education in a residency
11 accredited by the National Commission on Orthotic and
12 Prosthetic Education, or (iii) a student in a qualified work
13 experience program or internship in pedorthics;
14 (5) the practice of orthotics, prosthetics, or
15 pedorthics by one who is an orthotist, prosthetist, or
16 pedorthist licensed under the laws of another state or
17 territory of the United States or another country and has
18 applied in writing to the Department, in a form and substance
19 satisfactory to the Department, for a license as orthotist,
20 prosthetist, or pedorthist and who is qualified to receive
21 the license under Section 40 until (i) the expiration of 6
22 months after the filing of the written application, (ii) the
23 withdrawal of the application, or (iii) the denial of the
24 application by the Department;
25 (6) a person licensed by this State as a physical
26 therapist or occupational therapist from engaging in the
27 practice of his or her profession; or
28 (7) a physician licensed under the Podiatric Medical
29 Practice Act of 1997 from engaging in his or her profession.
30 Section 20. Powers and duties of the Department.
31 (a) The Department shall exercise the powers and duties
32 prescribed by the Civil Administrative Code of Illinois for
33 the administration of licensure Acts and shall exercise other
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1 powers and duties necessary for effectuating the purposes of
2 this Act.
3 (b) The Department may adopt rules to administer and
4 enforce this Act including, but not limited to, fees for
5 original licensure and renewal and restoration of licenses
6 and may prescribe forms to be issued to implement its rules.
7 The Department shall exercise the powers and duties
8 prescribed by this Act. At a minimum, the rules adopted by
9 the Department shall include standards and criteria for
10 licensure and for professional conduct and discipline. The
11 Department shall consult with the Board in adopting rules.
12 Notice of proposed rulemaking shall be transmitted to the
13 Board, and the Department shall review the Board's response
14 and any recommendations made in writing with proper
15 explanation of deviations from the Board's recommendations
16 and response.
17 (c) The Department at any time may seek the expert
18 advice and knowledge of the Board on any matter relating to
19 the enforcement of this Act.
20 (d) The Department shall issue a quarterly report to the
21 Board of the status of all complaints related to the
22 profession and filed with the Department.
23 (e) Department may adopt rules as necessary to establish
24 eligibility for facility registration and standards.
25 Section 25. Board of Orthotics, Prosthetics, and
26 Pedorthics.
27 (a) There is established a Board of Orthotics,
28 Prosthetics, and Pedorthics, which shall consist of 6 voting
29 members to be appointed by the Governor. Three members shall
30 be practicing licensed orthotists, licensed prosthetists, or
31 licensed pedorthists. These members may be licensed in more
32 than one discipline and their appointments must equally
33 represent all 3 disciplines. One member shall be a member of
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1 the public who is a consumer of orthotic, prosthetic, or
2 pedorthic professional services. One member shall be a
3 public member who is not licensed under this Act or a
4 consumer of services licensed under this Act. One member
5 shall be a licensed physician.
6 (b) Each member of the Board shall serve a term of 3
7 years, except that of the initial appointments to the Board,
8 2 members shall be appointed for one year, 2 members shall be
9 appointed for 2 years, and 2 members shall be appointed for 3
10 years. Each member shall hold office and execute his or her
11 Board responsibilities until the qualification and
12 appointment of his or her successor. No member of the Board
13 shall serve more than 8 consecutive years or 2 full terms,
14 whichever is greater.
15 (c) Members of the Board shall receive as compensation a
16 reasonable sum as determined by the Director for each day
17 actually engaged in the duties of the office and shall be
18 reimbursed for reasonable expenses incurred in performing the
19 duties of the office.
20 (d) A quorum of the Board shall consist of a majority of
21 Board members currently appointed.
22 (e) The Governor may terminate the appointment of any
23 member for cause which, in the opinion of the Governor
24 reasonably justifies termination, which may include, but is
25 not limited to, a Board member who does not attend 2
26 consecutive meetings.
27 (f) Membership of the Board should reasonably reflect
28 representation from the geographic areas in this State.
29 Section 30. Board; immunity; chairperson.
30 (a) Members of the Board shall be immune from suit in
31 any action based upon any disciplinary proceeding or other
32 activities performed in good faith as members of the Board.
33 (b) The Board shall annually elect a chairperson and
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1 vice chairperson who shall be licensed under this Act.
2 Section 35. Application for original or temporary
3 license. An application for an original or temporary license
4 shall be made to the Department in writing on a form
5 prescribed by the Department and shall be accompanied by the
6 required fee, which shall not be refundable. An application
7 shall require information that in the judgement of the
8 Department will enable the Department to pass on the
9 qualifications of the applicant for a license.
10 Section 40. Qualifications for licensure as orthotist,
11 prosthetist, or pedorthist.
12 (a) To qualify for a license to practice orthotics or
13 prosthetics, a person shall:
14 (1) possess a baccalaureate degree from a college
15 or university;
16 (2) have completed the amount of formal training,
17 including, but not limited to, any hours of classroom
18 education and clinical practice established and approved
19 by the Department;
20 (3) complete a clinical residency in the
21 professional area for which a license is sought in
22 accordance with standards, guidelines, or procedures for
23 residencies inside or outside this State established and
24 approved by the Department. The majority of training must
25 be devoted to services performed under the supervision of
26 a licensed practitioner of orthotics or prosthetics or a
27 person certified as a Certified Orthotist (CO), Certified
28 Prosthetist (CP), or Certified Prosthetist Orthotist
29 (CPO) whose certification was obtained before the
30 effective date of this Act;
31 (4) pass all written, practical, and oral
32 examinations that are required and approved by the
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1 Department; and
2 (5) be qualified to practice in accordance with
3 internationally accepted standards of orthotic and
4 prosthetic care.
5 (b) To qualify for a license to practice pedorthics, a
6 person shall:
7 (1) possess a high school diploma or its
8 equivalent;
9 (2) have completed the amount of formal training,
10 including, but not limited to, any hours of classroom
11 education and clinical practice established and approved
12 by the Department;
13 (3) complete a qualified work experience program or
14 internship in pedorthics in accordance with any
15 standards, guidelines, or procedures established and
16 approved by the Department;
17 (4) pass all examinations that are required and
18 approved by the Department; and
19 (5) be qualified to practice in accordance with
20 nationally accepted standards of pedorthic care.
21 (c) The standards and requirements for licensure
22 established by the Department shall be substantially equal to
23 or in excess of standards commonly accepted in the profession
24 of orthotics, prosthetics, or pedorthics. The Department
25 shall adopt rules as necessary to set the standards and
26 requirements.
27 (d) A person may be licensed in more than one
28 discipline.
29 Section 45. Examination requirement.
30 (a) The Department may authorize examinations of
31 applicants as orthotists, prosthetists, or pedorthists at
32 times and places as it may determine. The examination of
33 applicants shall be of a character to fairly test the
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1 qualifications of the applicant to practice orthotics,
2 prosthetics, or pedorthics.
3 (b) Applicants for examination as orthotists,
4 prosthetists, and pedorthists shall be required to pay,
5 either to the Department or the designated testing service, a
6 fee covering the cost of providing the examination. Failure
7 to appear for the examination on the scheduled date at the
8 time and place specified after the applicant's application
9 for examination has been received and acknowledged by the
10 Department or the designated testing service shall result in
11 the forfeiture of the examination fee.
12 (c) If an applicant neglects, fails, or refuses to take
13 an examination or fails to pass an examination for a license
14 under this Act within 3 years after filing his or her
15 application, the application shall be denied. All fees are
16 nonrefundable. The applicant may make a new application for
17 examination accompanied by the required fee and must furnish
18 proof of meeting qualifications for licensure in effect at
19 the time of new application.
20 (d) The Department shall set by rule the maximum number
21 of attempts that an applicant may make to pass the
22 examination within a specified period of time. The
23 Department shall also determine any further training required
24 before a reexamination.
25 (e) The Department may employ consultants for the
26 purpose of preparing and conducting examinations. An
27 applicant for an examination as an orthotist, a prosthetist,
28 or pedorthist shall be required to pay, either to the
29 Department or to the designated testing service, a fee
30 covering the cost of providing the examination.
31 Section 50. Assistants; technicians.
32 (a) No person shall work as an assistant to an
33 orthotist, prosthetist, or prosthetist/orthotist and provide
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1 patient care services or fabrication of orthoses or
2 prostheses, unless he or she is doing the work under the
3 supervision of a licensed orthotist or prosthetist.
4 (b) No person shall work as a technician, as defined in
5 this Act, unless the work is performed under the supervision
6 of a person licensed under this Act.
7 Section 55. Transition period.
8 (a) Until January 1, 2002, 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 (b) Until January 1, 2002, a person certified as a
20 Certified Pedorthist (CPed) by the Board for Certification in
21 Pedorthics, Incorporated, or a person certified as a
22 Certified Orthotist (CO) or Certified Prosthetist Orthotist
23 (CPO) by the American Board for Certification in Prosthetics
24 and Orthotics, Incorporated, or holding similar
25 certifications from other accrediting bodies with equivalent
26 educational requirements and examination standards may apply
27 for and shall be granted pedorthic licensure under this Act
28 upon payment of the required fee. After that date, any
29 applicant for licensure as a pedorthist shall meet the
30 requirements of subsection (b) of Section 40 of this Act.
31 (c) On and after January 1, 2002, no person shall
32 practice orthotics, prosthetics, or pedorthics in this State
33 or hold himself or herself out as being able to practice
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1 either profession, unless he or she is licensed in accordance
2 with Section 40 of this Act.
3 (d) Notwithstanding any other provision of this Section,
4 a person who has practiced full-time for the past 7 years in
5 a prosthetic/orthotic facility as an orthotist, prosthetist,
6 prosthetist/orthotist, assistant, or technician or in a
7 pedorthic facility as a pedorthist or pedorthic technician on
8 the effective date of this Act may file an application with
9 the Board within 60 days after the effective date of this Act
10 in order to continue to practice orthotics, prosthetics, or
11 pedorthics at his or her identified level of practice. The
12 applicant shall be issued a license or certificate of
13 registration to practice orthotics, prosthetics, or
14 pedorthics under the provisions of this Act without
15 examination upon receipt by the Department of payment of the
16 licensing or registration fee required under Section 70 of
17 this Act and after the Board has completed an investigation
18 of the applicant's work history. The Board shall complete
19 its investigation for the purposes of this Section within 6
20 months of the date of the application. The investigation may
21 include, but is not limited to, completion by the applicant
22 of a questionnaire regarding the applicant's work history and
23 scope of practice.
24 Section 56. Enforcement. The licensure requirements of
25 Sections 40, 50, and 55 shall not be enforced until 12 months
26 after the adoption of final administrative rules for this
27 Act.
28 Section 57. Limitation on provision of care and
29 services. A licensed orthotist or pedorthist may provide
30 care or services only if the care or services are provided
31 pursuant to an order from a licensed physician or podiatrist.
32 A licensed prosthetist may provide care or services only if
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1 the care or services are provided pursuant to an order from a
2 licensed physician.
3 Section 60. Renewal; restoration; military service.
4 (a) The expiration date and renewal period for each
5 license issued under this Act shall be set by rule of the
6 Department. The Board shall establish continuing education
7 requirements for the renewal of a license. These
8 requirements shall be based on established standards of
9 competence.
10 (b) A person who has permitted his or her license to
11 expire or who has had his or her license on inactive status
12 may have his or her license restored by (i) making
13 application to the Department, (ii) filing proof acceptable
14 to the Department of his or her fitness to have his or her
15 license restored including, but not limited to, sworn
16 evidence certifying to active practice in another
17 jurisdiction satisfactory to the Department, and (iii) paying
18 the required restoration fee. If the person has not
19 maintained an active practice in another jurisdiction
20 satisfactory to the Department, the Board shall determine, by
21 an evaluation program established by rule, his or her fitness
22 to resume active status and may require the person to
23 complete a period of evaluated clinical experience and may
24 require successful completion of an examination.
25 (c) A person whose license expired while he or she was
26 (i) in federal service on active duty within the armed forces
27 of the United States or with the State militia called into
28 service or training or (ii) in training or education under
29 the supervision of the United States preliminary to induction
30 into military service may have his or her license renewed or
31 restored without paying a lapsed renewal fee if, within 2
32 years after termination from the service, training, or
33 education except under conditions other than honorable, he or
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1 she furnished the Department with satisfactory evidence that
2 he or she has been so engaged and that his or her service,
3 training, or education has been terminated.
4 Section 65. Elective inactive status. A person who
5 notifies the Department in writing on forms prescribed by the
6 Department may elect to place his or her license on an
7 inactive status and shall, subject to rules of the
8 Department, be excused from payment of renewal fees until he
9 or she notifies the Department in writing of his or her
10 desire to resume active status.
11 A person requesting restoration from inactive status
12 shall be required to pay the current renewal fee and shall be
13 required to restore his or her license as provided in Section
14 60 of this Act.
15 An orthotist, prosthetist, or pedorthist whose license is
16 on inactive status shall not practice orthotics, prosthetics,
17 or pedorthics in this State.
18 Section 70. Endorsement. The Department may, at its
19 discretion, license as either an orthotist, prosthetist, or
20 pedorthist, without examination and on payment of the
21 required fee, an applicant who is an orthotist, prosthetist,
22 or pedorthist who is (i) licensed under the laws of another
23 state, territory, or country, if the requirements for
24 licensure in that state, territory, or country in which the
25 applicant was licensed were, at the date of his or her
26 licensure, substantially equal to the requirements in force
27 in this State on that date or (ii) certified by a national
28 certification organization with educational and testing
29 standards equal to or more stringent than the licensing
30 requirements of this State.
31 Section 75. Fees.
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1 (a) The Department shall provide by rule for a schedule
2 of fees to be paid for licenses by all applicants. All fees
3 are not refundable.
4 (b) The fees for the administration and enforcement of
5 this Act including, but not limited to, original licensure,
6 renewal, and restoration shall be set by rule by the
7 Department.
8 (c) All fees and fines collected under this Act shall be
9 deposited into the General Professions Dedicated Fund.
10 Section 80. Roster of licensees and registrants. The
11 Department shall maintain a current roster of the names and
12 addresses of all licensees, registrants, and all persons
13 whose licenses have been suspended or revoked within the
14 previous year. This roster shall be available upon written
15 request and payment of the required fee.
16 Section 85. Practice by corporations. Nothing in this
17 Act shall restrict licensees from forming professional
18 service corporations under the provisions of the Professional
19 Service Corporation Act.
20 Section 90. Grounds for discipline.
21 (a) The Department may refuse to issue or renew a
22 license, may revoke or suspend a license, or may suspend,
23 place on probation, censure, or reprimand a licensee for one
24 or any combination of the following:
25 (1) Making a material misstatement in furnishing
26 information to the Department or the Board.
27 (2) Violations of or negligent or intentional
28 disregard of this Act or its rules.
29 (3) Conviction of any crime that under the laws of
30 the United States or of a state or territory of the
31 United States is a felony or a misdemeanor, an essential
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1 element of which is dishonesty, or of a crime that is
2 directly related to the practice of the profession.
3 (4) Making a misrepresentation for the purpose of
4 obtaining a license.
5 (5) Professional incompetence.
6 (6) Malpractice.
7 (7) Aiding or assisting another person in violating
8 a provision of this Act or its rules.
9 (8) Failing to provide information within 60 days
10 in response to a written request made by the Department.
11 (9) Engaging in dishonorable, unethical, or
12 unprofessional conduct or conduct of a character likely
13 to deceive, defraud, or harm the public.
14 (10) Habitual intoxication or addiction to the use
15 of drugs.
16 (11) Discipline by another state or territory of
17 the United States, the federal government, or foreign
18 nation, if at least one of the grounds for the discipline
19 is the same or substantially equivalent to one set forth
20 in this Section.
21 (12) Directly or indirectly giving to or receiving
22 from a person, firm, corporation, partnership, or
23 association a fee, commission, rebate, or other form of
24 compensation for professional services not actually or
25 personally rendered.
26 (13) A finding by the Board that the licensee or
27 registrant, after having his or her license placed on
28 probationary status, has violated the terms of probation.
29 (14) Abandonment of a patient or client.
30 (15) Wilfully making or filing false records or
31 reports in his or her practice including, but not limited
32 to, false records filed with State agencies or
33 departments.
34 (16) Wilfully failing to report an instance of
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1 suspected child abuse or neglect as required by the
2 Abused and Neglected Child Reporting Act.
3 (17) Physical illness including, but not limited
4 to, deterioration through the aging process or loss of
5 motor skill that results in the inability to practice the
6 profession with reasonable judgement, skill, or safety.
7 (18) Solicitation of professional services using
8 false or misleading advertising.
9 (b) The determination by a circuit court that a licensee
10 or registrant is subject to involuntary admission or judicial
11 admission, as provided in the Mental Health and Developmental
12 Disabilities Code, operates as an automatic suspension. The
13 suspension will end only upon (i) a finding by a court that
14 the patient is no longer subject to involuntary admission or
15 judicial admission and the issuance of a court order so
16 finding and discharging the patient and (ii) the
17 recommendation of the Board to the Director that the licensee
18 or registrant be allowed to resume his or her practice.
19 (c) In enforcing this Section, the Department or Board
20 upon a showing of a possible violation may compel an
21 individual licensed to practice under this Act, or who has
22 applied for licensure under this Act, to submit to a mental
23 or physical examination, or both, as required by and at the
24 expense of the Department. The Department or Board may order
25 the examining physician to present testimony concerning the
26 mental or physical examination of the licensee or applicant.
27 No information shall be excluded by reason of any common law
28 or statutory privilege relating to communications between the
29 licensee or applicant and the examining physician. The
30 examining physicians shall be specifically designated by the
31 Board or Department. The individual to be examined may have,
32 at his or her own expense, another physician of his or her
33 choice present during all aspects of this examination. The
34 examination shall be performed by a physician licensed to
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1 practice medicine in all its branches. Failure of an
2 individual to submit to a mental or physical examination,
3 when directed, shall be grounds for suspension of his or her
4 license until the individual submits to the examination if
5 the Department finds, after notice and hearing, that the
6 refusal to submit to the examination was without reasonable
7 cause.
8 If the Department or Board finds an individual unable to
9 practice because of the reasons set forth in this Section,
10 the Department or Board may require that individual to submit
11 to care, counseling, or treatment by physicians approved or
12 designated by the Department or Board, as a condition, term,
13 or restriction for continued, reinstated, or renewed
14 licensure to practice; or, in lieu of care, counseling, or
15 treatment, the Department may file, or the Board may
16 recommend to the Department to file, a complaint to
17 immediately suspend, revoke, or otherwise discipline the
18 license of the individual. An individual whose license was
19 granted, continued, reinstated, renewed, disciplined or
20 supervised subject to such terms, conditions, or
21 restrictions, and who fails to comply with such terms,
22 conditions, or restrictions, shall be referred to the
23 Director for a determination as to whether the individual
24 shall have his or her license suspended immediately, pending
25 a hearing by the Department.
26 In instances in which the Director immediately suspends a
27 person's license under this Section, a hearing on that
28 person's license must be convened by the Department within 15
29 days after the suspension and completed without appreciable
30 delay. The Department and Board shall have the authority to
31 review the subject individual's record of treatment and
32 counseling regarding the impairment to the extent permitted
33 by applicable federal statutes and regulations safeguarding
34 the confidentiality of medical records.
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1 An individual licensed under this Act and affected under
2 this Section shall be afforded an opportunity to demonstrate
3 to the Department or Board that he or she can resume practice
4 in compliance with acceptable and prevailing standards under
5 the provisions of his or her license.
6 Section 95. Injunction; cease and desist order.
7 (a) If any person violates a provision of this Act, the
8 Director may, in the name of the People of the State of
9 Illinois and through the Attorney General of the State of
10 Illinois, petition for an order enjoining the violation or
11 for an order enforcing compliance with this Act. Upon the
12 filing of a verified petition in court, the court may issue a
13 temporary restraining order, without notice or bond, and may
14 preliminarily and permanently enjoin the violation. If it is
15 established that the person has violated or is violating the
16 injunction, the court may punish the offender for contempt of
17 court. Proceedings under this Section shall be in addition
18 to, and not in lieu of, all other remedies and penalties
19 provided by this Act.
20 (b) If a person practices as an orthotist, prosthetist,
21 or pedorthist or holds himself or herself out as an
22 orthotist, prosthetist, or pedorthist without being licensed
23 or registered under the provisions of this Act, then any
24 other licensed or registered orthotist, prosthetist, or
25 pedorthist, any interested party, or any person injured by
26 the person may, in addition to the Director, petition for
27 relief as provided in subsection (a) of this Section.
28 (c) Whenever in the opinion of the Department a person
29 violates a provision of this Act, the Department may issue a
30 rule to show cause why an order to cease and desist should
31 not be entered against him or her. The rule shall clearly
32 set forth the grounds relied upon by the Department and shall
33 provide a period of 7 days from the date of the rule to file
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1 an answer to the satisfaction of the Department. Failure to
2 answer to the satisfaction of the Department shall cause an
3 order to cease and desist to be issued immediately.
4 Section 100. Investigations; notice and hearing. The
5 Department may investigate the actions of an applicant or of
6 a person or persons holding or claiming to hold a license.
7 Before refusing to issue or renew a license, the Department
8 shall, at least 10 days prior to the date set for the
9 hearing, notify in writing the applicant for or holder of a
10 license of the nature of the charges and that a hearing will
11 be held on the date designated. The written notice may be
12 served by personal delivery or by certified or registered
13 mail to the respondent at the address disclosed on his or her
14 last notification to the Department. At the time and place
15 fixed in the notice, the Board shall proceed to hear the
16 charges. The parties or their counsel shall be afforded
17 ample opportunity to present statements, testimony, evidence,
18 and argument that may be pertinent to the charges or to the
19 defense to the charges. The Board may continue the hearing
20 from time to time.
21 Section 105. Transcript. The Department, at its own
22 expense, shall preserve a record of all proceedings at the
23 formal hearing of a case involving the refusal to issue or
24 renew a license. The notice of hearing, complaint, and all
25 other documents in the nature of pleadings and written
26 motions filed in the proceedings, the transcript of
27 testimony, the report of the Board, and orders of the
28 Department shall be in the record of the proceeding.
29 Section 110. Compelling testimony. A circuit court may,
30 upon application of the Director or his or her designee or
31 the applicant or licensee against whom proceedings under
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1 Section 100 of this Act are pending, enter an order requiring
2 the attendance of witnesses and their testimony and requiring
3 the production of documents, papers, files, books, and
4 records in connection with a hearing or investigation. The
5 court may compel obedience to its order through contempt
6 proceedings.
7 Section 115. Board findings and recommendations. At the
8 conclusion of a hearing, the Board shall present to the
9 Director a written report of its findings and
10 recommendations. The report shall contain a finding of
11 whether or not the accused person violated this Act or failed
12 to comply with the conditions required in this Act. The
13 Board shall specify the nature of the violation or failure to
14 comply and shall make its recommendations to the Director.
15 The report of findings and recommendations of the Board shall
16 be the basis for the Department's order for the refusal or
17 for the granting of a license, unless the Director determines
18 that the Board report is contrary to the manifest weight of
19 the evidence, in which case the Director may issue an order
20 in contravention to the Board report. A Board finding is not
21 admissible in evidence against the person in a criminal
22 prosecution brought for a violation of this Act, but the
23 hearing and finding are not a bar to a criminal prosecution
24 brought for a violation of this Act.
25 Section 120. Motion for rehearing. In any case
26 involving the refusal to issue or renew a license or the
27 discipline of a licensee, a copy of the Board's report shall
28 be served upon the respondent by the Department, either
29 personally or as provided in this Act for the service of the
30 notice of hearing. Within 20 days after service, the
31 respondent may present to the Department a motion in writing
32 for a rehearing, which shall specify the particular grounds
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1 for rehearing. If no motion for rehearing is filed, then
2 upon the expiration of the time specified for filing the
3 motion, or if a motion for rehearing is denied, upon the
4 denial, the Director may enter an order in accordance with
5 recommendations of the Board, except as provided in Section
6 115 of this Act. If the respondent orders from the reporting
7 service and pays for a transcript of the record within the
8 time for filing a motion for rehearing, the 20-day period
9 within which the motion may be filed shall commence upon the
10 delivery of the transcript to the respondent.
11 Section 125. Rehearing on order of Director. Whenever
12 the Director is not satisfied that substantial justice has
13 been done in the revocation, suspension, or refusal to issue
14 or renew a license the Director may order a rehearing by the
15 same or other examiners.
16 Section 130. Appointment of hearing officer. The
17 Director shall have the authority to appoint an attorney
18 licensed to practice law in the State of Illinois to serve as
19 a hearing officer in an action for refusal to issue or renew
20 a license or to discipline a licensee. The hearing officer
21 shall have full authority to conduct the hearing. The
22 hearing officer shall report his or her findings and
23 recommendations to the Board and the Director. The Board
24 shall have 60 days from receipt of the report to review the
25 report of the hearing officer and present its findings of
26 fact, conclusions of law, and recommendations to the
27 Director. If the Board fails to present its report within
28 the 60-day period, the Director shall issue an order based on
29 the report of the hearing officer. If the Director
30 determines that the Board's report is contrary to the
31 manifest weight of the evidence, he or she may issue an order
32 in contravention of the Board's report.
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1 Section 135. Order or certified copy. An order or a
2 certified copy of an order, over the seal of the Department
3 and purporting to be signed by the Director, shall be prima
4 facie proof:
5 (1) that the signature is the genuine signature of the
6 Director;
7 (2) that the Director is duly appointed and qualified;
8 and
9 (3) that the Board and its members are qualified to act.
10 Section 140. Restoration of suspended or revoked
11 license. At any time after the suspension or revocation of
12 any license, the Department may restore the license to the
13 accused person upon the written recommendation of the Board
14 unless, after an investigation and a hearing, the Board
15 determines that restoration is not in the public interest.
16 Section 145. Surrender of license. Upon the revocation
17 or suspension of a license, the licensee shall immediately
18 surrender the license to the Department, and if the licensee
19 fails to do so, the Department shall have the right to seize
20 the license.
21 Section 150. Temporary suspension of a license. The
22 Director may temporarily suspend the license of an orthotist,
23 prosthetist, or pedorthist without a hearing simultaneously
24 with the institution of proceedings for a hearing provided
25 for in Section 95 of this Act if the Director finds that
26 evidence in his or her possession indicates that a licensee's
27 continuation in practice would constitute an imminent danger
28 to the public. If the Director temporarily suspends a
29 license without a hearing, a hearing by the Board must be
30 held within 30 days after the suspension.
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1 Section 155. Administrative Review Law; venue. All
2 final administrative decisions of the Department are subject
3 to judicial review pursuant to the provisions of the
4 Administrative Review Law and its rules. The term
5 "administrative decision" has the same meaning as in Section
6 3-101 of the Administrative Review Law. Proceedings for
7 judicial review shall be commenced in the circuit court of
8 the county in which the party applying for review resides,
9 but if the party is not a resident of this State, the venue
10 shall be in Sangamon County.
11 Section 160. Certifications of record; costs. The
12 Department shall not be required to certify any record to the
13 court or file any answer in court or otherwise appear in any
14 court in a judicial review proceeding unless there is filed
15 in the court with the complaint a receipt from the Department
16 acknowledging payment of the costs of furnishing and
17 certifying the record, which shall be computed at the rate of
18 20 cents per page of the record. Failure on the part of a
19 plaintiff to file a receipt in court shall be grounds for
20 dismissal of the action.
21 Section 165. Penalties. A person who is found to have
22 violated a provision of this Act is guilty of a Class A
23 misdemeanor for a first offense and is guilty of a Class 4
24 felony for a second or subsequent offense.
25 Section 170. Illinois Administrative Procedure Act. The
26 Illinois Administrative Procedure Act is hereby expressly
27 adopted and incorporated in this Act as if all of the
28 provisions of that Act were included in this Act, except that
29 the provision of subsection (d) of Section 10-65 of the
30 Illinois Administrative Procedure Act, which provides that at
31 hearings the licensee has the right to show compliance with
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1 all lawful requirements for retention, continuation, or
2 renewal of the license, is specifically excluded and for
3 purposes of this Act. The notice required under Section
4 10-25 of the Illinois Administrative Procedure Act is deemed
5 sufficient when mailed to the last known address of a party.
6 Section 175. Home rule preemption. It is declared to be
7 the public policy of this State, pursuant to paragraph (h) of
8 Section 6 of Article VII of the Illinois Constitution of
9 1970, that a power or function set forth in this Act to be
10 exercised by the State is an exclusive State power or
11 function. No power or function granted under this Act shall
12 be exercised concurrently, either directly or indirectly, by
13 a unit of local government, including home rule units, except
14 as otherwise provided in this Act.
15 Section 250. The Regulatory Sunset Act is amended by
16 adding Section 4.20 as follows:
17 (5 ILCS 80/4.20 new)
18 Sec. 4.20. Act repealed on January 1, 2010. The following
19 Act is repealed on January 1, 2010:
20 The Illinois Orthotics, Prosthetics, and Pedorthics
21 Practice Act.
22 Section 999. Effective date. This Act takes effect
23 January 1, 2000.".