State of Illinois
92^nd General Assembly
Legislation

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92_HB3194eng

 
HB3194 Engrossed                               LRB9205124LBgc

 1        AN ACT concerning the regulation of professions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Occupational Therapy Practice
 5    Act is amended by changing Section 2 and adding Sections 3.1,
 6    3.2, and 11.1 as follows:

 7        (225 ILCS 75/2) (from Ch. 111, par. 3702)
 8        Sec. 2.  Definitions.  In this Act:
 9        (1)  "Department" means the  Department  of  Professional
10    Regulation.
11        (2)  "Director"   means   the  Director  of  Professional
12    Regulation.
13        (3)  "Board"  means  the  Illinois  Occupational  Therapy
14    Board appointed by the Director.
15        (4)  "Registered occupational therapist" means  a  person
16    licensed  to practice occupational therapy as defined in this
17    Act, and whose license is in good standing.
18        (5)  "Certified occupational therapy assistant"  means  a
19    person  licensed  to  assist  in the practice of occupational
20    therapy under the supervision of  a  registered  occupational
21    therapist,   and   to   implement  the  occupational  therapy
22    treatment  program   as   established   by   the   registered
23    occupational therapist.  Such program may include training in
24    activities  of  daily living, the use of therapeutic activity
25    including  task  oriented  activity  to  enhance   functional
26    performance,  and  guidance  in  the  selection  and  use  of
27    adaptive equipment.
28        (6)  "Occupational  therapy" means the therapeutic use of
29    purposeful  and  meaningful  occupations   or   goal-directed
30    activities   to   evaluate   and  provide  interventions  for
31    individuals and populations who have a disease  or  disorder,
 
HB3194 Engrossed            -2-                LRB9205124LBgc
 1    an  impairment,  an  activity  limitation, or a participation
 2    restriction that interferes with their  ability  to  function
 3    independently in their daily life roles and to promote health
 4    and  wellness.  Occupational therapy intervention may include
 5    any of the following:
 6             (a)  remediation  or  restoration   of   performance
 7        abilities   that   are   limited  due  to  impairment  in
 8        biological, physiological, psychological, or neurological
 9        processes;
10             (b)  adaptation of task, process, or the environment
11        or the teaching of compensatory techniques  in  order  to
12        enhance performance;
13             (c)  disability  prevention  methods  and techniques
14        that facilitate the development or  safe  application  of
15        performance skills; and
16             (d)  health  promotion strategies and practices that
17        enhance performance abilities.
18        The  registered  occupational  therapist   or   certified
19    occupational  therapy assistant may assume a variety of roles
20    in  his  or  her  career  including,   but  not  limited  to,
21    practitioner,  supervisor  of   professional   students   and
22    volunteers,  researcher,  scholar, consultant, administrator,
23    faculty, clinical  instructor,  and  educator  of  consumers,
24    peers, and family.
25        (7)  "Occupational  therapy services" means services that
26    may be provided to  individuals  and  populations  including,
27    without limitation, the following:
28             (a)  evaluating,  developing, improving, sustaining,
29        or restoring skills in activities of daily living,  work,
30        or  productive  activities, including instrumental living
31        and play and leisure activities;
32             (b)  evaluating, developing, improving, or restoring
33        sensory motor, cognitive, or psychosocial  components  of
34        performance;
 
HB3194 Engrossed            -3-                LRB9205124LBgc
 1             (c)  designing,  fabricating,  applying, or training
 2        in the use of assistive technology or temporary, orthoses
 3        and training in the use of orthoses and prostheses;
 4             (d)  adapting environments and processes,  including
 5        the  application  of  ergonomic  principles,  to  enhance
 6        performance and safety in daily life roles;
 7             (e)  for occupational therapists possessing advanced
 8        training,  skill,  and competency as demonstrated through
 9        examinations that shall be determined by the  Department,
10        applying physical agent modalities as an adjunct to or in
11        preparation for engagement in occupations;
12             (f)  evaluating   and   providing   intervention  in
13        collaboration with  the  client,  family,  caregiver,  or
14        others;
15             (g)  educating  the  client,  family,  caregiver, or
16        others   in   carrying   out    appropriate    nonskilled
17        interventions; and
18             (h)  consulting      with      groups,     programs,
19        organizations, or communities to provide population-based
20        services.
21        (8)  "An  aide  in   occupational   therapy"   means   an
22    individual  who  provides supportive services to occupational
23    therapy  practitioners  but  who  is  not  certified   by   a
24    nationally  recognized  occupational  therapy  certifying  or
25    licensing  body.  the  evaluation  of  functional performance
26    ability of persons impaired by physical  illness  or  injury,
27    emotional  disorder,  congenital or developmental disability,
28    or  the  aging  process,  and  the  analysis,  selection  and
29    application of occupations or goal directed  activities,  for
30    the  treatment or prevention of these disabilities to achieve
31    optimum functioning.  Occupational therapy services  include,
32    but  are not limited to activities of daily living (ADL); the
33    design fabrication and application or splints, administration
34    and  interpretation  of  standardized   tests   to   identify
 
HB3194 Engrossed            -4-                LRB9205124LBgc
 1    dysfunctions,   sensory-integrative   and   perceptual  motor
 2    activities, the use of task oriented activities, guidance  in
 3    the  selection  and  use  of assistive devices, goal oriented
 4    activities directed toward enhancing functional  performance,
 5    prevocational   evaluation   and   vocational  training,  and
 6    consultation in the adaptation of physical  environments  for
 7    the  handicapped.  These services are provided to individuals
 8    or groups through medical, health,  educational,  and  social
 9    systems.  An occupational therapist may evaluate a person but
10    shall obtain a referral by a physician  before  treatment  is
11    administered  by  the occupational therapist. An occupational
12    therapist shall refer to a licensed  physician,  dentist,  or
13    podiatrist any patient whose medical condition should, at the
14    time  of  evaluation or treatment, be determined to be beyond
15    the scope of practice of the occupational therapist.
16    (Source: P.A. 88-424.)

17        (225 ILCS 75/3.1 new)
18        Sec. 3.1. Referrals.  A registered occupational therapist
19    or certified occupational therapy assistant may consult with,
20    educate,  evaluate,  and   monitor   services   for   clients
21    concerning    non-medical    occupational    therapy   needs.
22    Implementation of direct occupational therapy to  individuals
23    for their specific health care conditions shall be based upon
24    a referral from a licensed physician, dentist, podiatrist, or
25    optometrist.
26        An  occupational  therapist  shall  refer  to  a licensed
27    physician, dentist, optometrist, or  podiatrist  any  patient
28    whose  medical condition should, at the time of evaluation or
29    treatment, be determined to be beyond the scope  of  practice
30    of the occupational therapist.

31        (225 ILCS 75/3.2 new)
32        Sec.  3.2.  Practice  of  optometry.   No  rule  shall be
 
HB3194 Engrossed            -5-                LRB9205124LBgc
 1    adopted under this Act that allows an occupational  therapist
 2    to  perform  an act, task, or function primarily performed in
 3    the  lawful  practice  of  optometry   under   the   Illinois
 4    Optometric Practice Act of 1987.

 5        (225 ILCS 75/3.3 new)
 6        Sec.  3.3.  Rules.  The Department shall promulgate rules
 7    to define and regulate the activities of occupational therapy
 8    aides.

 9        (225 ILCS 75/11.1 new)
10        Sec.  11.1.  Continuing   education   requirement.    All
11    renewal  applicants  shall  provide  proof  of having met the
12    continuing competency requirements set forth in the rules  of
13    the  Department.   At  a  minimum,  the rules shall require a
14    renewal applicant to provide proof of completing at least  12
15    units  of  continuing competency activities during the 2-year
16    licensing cycle for which he or she  is  currently  licensed.
17    The  Department  shall provide by rule for an orderly process
18    for the reinstatement of licenses that have not been  renewed
19    for  failure  to meet the continuing competency requirements.
20    The continuing competency requirements may be waived in cases
21    of extreme hardship as defined by rule.
22        The Department  shall  establish  by  rule  a  means  for
23    verifying   the   completion  of  the  continuing  competency
24    required  by  this  Section.     This  verification  may   be
25    accomplished   through   audits   of  records  maintained  by
26    licensees, by requiring the filing of  continuing  competency
27    certificates  with  the  Department,  or  by  any other means
28    established by the Department.

29        Section 99.  Effective date.  This Act  takes  effect  on
30    January 1, 2002.

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