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2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 75/      Illinois Occupational Therapy Practice Act.

    (225 ILCS 75/1) (from Ch. 111, par. 3701)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 1. This Act shall be known and may be cited as the "Illinois Occupational Therapy Practice Act".
(Source: P.A. 83‑696.)

    (225 ILCS 75/2) (from Ch. 111, par. 3702)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 2. Definitions. In this Act:
    (1) "Department" means the Department of Professional Regulation.
    (2) "Director" means the Director of Professional Regulation.
    (3) "Board" means the Illinois Occupational Therapy Licensure Board appointed by the Director.
    (4) " Occupational therapist" means a person initially registered and licensed to practice occupational therapy as defined in this Act, and whose license is in good standing.
    (5) "Occupational therapy assistant" means a person initially registered and licensed to assist in the practice of occupational therapy under the supervision of a licensed occupational therapist, and to implement the occupational therapy treatment program as established by the licensed occupational therapist. Such program may include training in activities of daily living, the use of therapeutic activity including task oriented activity to enhance functional performance, and guidance in the selection and use of adaptive equipment.
    (6) "Occupational therapy" means the therapeutic use of purposeful and meaningful occupations or goal‑directed activities to evaluate and provide interventions for individuals and populations who have a disease or disorder, an impairment, an activity limitation, or a participation restriction that interferes with their ability to function independently in their daily life roles and to promote health and wellness. Occupational therapy intervention may include any of the following:
        (a) remediation or restoration of performance
    
abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes;
        (b) adaptation of task, process, or the environment
    
or the teaching of compensatory techniques in order to enhance performance;
        (c) disability prevention methods and techniques
    
that facilitate the development or safe application of performance skills; and
        (d) health promotion strategies and practices that
    
enhance performance abilities.
    The licensed occupational therapist or licensed occupational therapy assistant may assume a variety of roles in his or her career including, but not limited to, practitioner, supervisor of professional students and volunteers, researcher, scholar, consultant, administrator, faculty, clinical instructor, and educator of consumers, peers, and family.
    (7) "Occupational therapy services" means services that may be provided to individuals and populations including, without limitation, the following:
        (a) evaluating, developing, improving, sustaining,
    
or restoring skills in activities of daily living, work, or productive activities, including instrumental living and play and leisure activities;
        (b) evaluating, developing, remediating, or
    
restoring sensorimotor, cognitive, or psychosocial components of performance;
        (c) designing, fabricating, applying, or training in
    
the use of assistive technology or temporary, orthoses and training in the use of orthoses and prostheses;
        (d) adapting environments and processes, including
    
the application of ergonomic principles, to enhance performance and safety in daily life roles;
        (e) for the occupational therapist or occupational
    
therapy assistant possessing advanced training, skill, and competency as demonstrated through examinations that shall be determined by the Department, applying physical agent modalities as an adjunct to or in preparation for engagement in occupations;
        (f) evaluating and providing intervention in
    
collaboration with the client, family, caregiver, or others;
        (g) educating the client, family, caregiver, or
    
others in carrying out appropriate nonskilled interventions; and
        (h) consulting with groups, programs, organizations,
    
or communities to provide population‑based services.
    (8) "An aide in occupational therapy" means an individual who provides supportive services to occupational therapists or occupational therapy assistants but who is not certified by a nationally recognized occupational therapy certifying or licensing body.
(Source: P.A. 92‑297, eff. 1‑1‑02; 92‑366, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02; 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/3) (from Ch. 111, par. 3703)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3. After the effective date of this Act, no person shall practice occupational therapy or hold himself out as an occupational therapist or an occupational therapy assistant, or as being able to practice occupational therapy or to render services designated as occupational therapy in this State, unless he is licensed in accordance with the provisions of this Act.
    Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of:
    (1) Any person licensed in this State by any other law from engaging in the profession or occupation for which he is licensed; or
    (2) Any person employed as an occupational therapist or occupational therapy assistant by the Government of the United States, if such person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; or
    (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study, and if such person is designated by a title which clearly indicates his or her status as a student or trainee; or
    (4) Any person fulfilling the supervised work experience requirements of Sections 8 and 9 of this Act, if such activities and services constitute a part of the experience necessary to meet the requirement of those Sections; or
    (5) Any person performing occupational therapy services in the State, if such a person is not a resident of this State and is not licensed under this Act, and if such services are performed for no more than 60 days a calendar year in association with an occupational therapist licensed under this Act and if such person meets the qualifications for license under this Act and:
        (i) such person is licensed under the law of another
    
state which has licensure requirements at least as restrictive as the requirements of this Act, or
        (ii) such person meets the requirements for
    
certification as an Occupational Therapist Registered (O.T.R.) or a Certified Occupational Therapy Assistant (C.O.T.A.) established by the National Board for Certification of Occupational Therapy or another nationally recognized credentialing body approved by the Board; or
    (6) The practice of occupational therapy by one who has applied in writing to the Department for a license, in form and substance satisfactory to the Department, and has complied with all the provisions of either Section 8 or 9 except the passing of the examination to be eligible to receive such license. In no event shall this exemption extend to any person for longer than 6 months, except as follows:
        (i) if the date on which a person can take the next
    
available examination authorized by the Department extends beyond 6 months from the date the person completes the occupational therapy program as required under Section 8 or 9, the Department shall extend the exemption until the results of that examination become available to the Department; or
        (ii) if the Department is unable to complete its
    
evaluation and processing of a person's application for a license within 6 months after the date on which the application is submitted to the Department in proper form, the Department shall extend the exemption until the Department has completed its evaluation and processing of the application.
    In the event such applicant fails the examination, the applicant shall cease work immediately until such time as the applicant is licensed to practice occupational therapy in this State.
    (7) The practice of occupational therapy by one who has applied to the Department, in form and substance satisfactory to the Department, and who is licensed to practice occupational therapy under the laws of another state, territory of the United States or country and who is qualified to receive a license under the provisions of either Section 8 or 9 of this Act. In no event shall this exemption extend to any person for longer than 6 months.
    (8) The practice of occupational therapy by one who has applied to the Department, in form and substance satisfactory to the Department, and who is qualified to receive a license under the provisions of either Section 8 or 9 of this Act. In no event shall this exemption extend to any person for longer than 6 months.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/3.1)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.1. Referrals. A licensed occupational therapist or licensed occupational therapy assistant may consult with, educate, evaluate, and monitor services for clients concerning non‑medical occupational therapy needs. Implementation of direct occupational therapy to individuals for their specific health care conditions shall be based upon a referral from a licensed physician, dentist, podiatrist, advanced practice nurse who has a written collaborative agreement with a collaborating physician to provide or accept referrals from licensed occupational therapists, physician assistant who has been delegated authority to provide or accept referrals from or to licensed occupational therapists, or optometrist.
    An occupational therapist shall refer to a licensed physician, dentist, optometrist, advanced practice nurse, physician assistant, or podiatrist any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the occupational therapist.
(Source: P.A. 92‑297, eff. 1‑1‑02; 93‑461, eff. 8‑8‑03; 93‑962, eff. 8‑20‑04.)

    (225 ILCS 75/3.2)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.2. Practice of optometry.
    (a) No rule shall be adopted under this Act that allows an occupational therapist to perform an act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
    (b) An occupational therapist may not perform an act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
(Source: P.A. 92‑297, eff. 1‑1‑02; 92‑366, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)

    (225 ILCS 75/3.3)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.3. Rules. The Department shall promulgate rules to define and regulate the activities of occupational therapy aides.
(Source: P.A. 92‑297, eff. 1‑1‑02.)

    (225 ILCS 75/3.5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as an occupational therapist or assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 75/4) (from Ch. 111, par. 3704)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 4. (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act.
    (b) The Director shall promulgate rules consistent with the provisions of this Act for the administration and enforcement thereof, and for the payment of fees connected therewith, and may prescribe forms which shall be issued in connection therewith. The rules shall include but not be limited to the standards and criteria for licensure and professional conduct and discipline; the standards and criteria used in determining when oral interviews will be conducted; the standards and criteria used when determining fitness to practice therapy; and the procedures followed in oral interviews. The Department shall consult with the Board in promulgating rules. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein. The Department shall notify the Board in writing with proper explanation of deviations from the Board's recommendations and responses.
    (c) The Department may at any time seek the advice and the expert knowledge of the Board on any matter relating to the administration of this Act.
    (d) The Department shall issue quarterly a report to the Board of the status of all complaints related to the profession filed with the Department.
(Source: P.A. 84‑793.)

    (225 ILCS 75/5) (from Ch. 111, par. 3705)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5. The Director shall appoint an Illinois Occupational Therapy Licensure Board as follows: 7 persons who shall be appointed by and shall serve in an advisory capacity to the Director. One member must be a physician licensed to practice medicine in all of its branches; 3 members must be licensed occupational therapists in good standing, and actively engaged in the practice of occupational therapy in this State; 2 members must be licensed occupational therapy assistants in good standing and actively engaged in the practice of occupational therapy in this State; and 1 member must be a public member who is not licensed under this Act, or a similar Act of another jurisdiction, and is not a provider of health care service.
    Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be appointed under this or any prior Act to the Board for service which would constitute more than 2 full terms. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act.
    The membership of the Board should reasonably reflect representation from the geographic areas in this State.
    The Director may terminate the appointment of any member for cause which in the opinion of the Director reasonably justifies such termination.
    The Director shall consider the recommendations of the Board on questions involving standards of professional conduct, discipline and qualifications of candidates and license holders under this Act.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/6) (from Ch. 111, par. 3706)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 6. Applications for original licensure shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for licensure.
(Source: P.A. 83‑696.)

    (225 ILCS 75/6.5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 6.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 75/7) (from Ch. 111, par. 3707)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 7. The Department shall authorize examinations at least annually and at such time and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice occupational therapy.
    Applications for examination as occupational therapists and occupational therapy assistants shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take the examination within 90 days after the date the Confirmation of Examination and Eligibility to Examine Notice is issued or fails to pass an examination for certification under this Act, the application shall be denied. If an applicant fails to pass an examination for registration under this Act within 3 years after filing his application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee, however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure.
    The Department may employ consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/8) (from Ch. 111, par. 3708)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 8. A person shall be qualified for licensure as an occupational therapist if that person:
        (1) has applied in writing in form and substance to
    
the Department;
        (2) (blank);
        (3) has completed an occupational therapy program of
    
at least 4 years in length, leading to a baccalaureate degree, or its equivalent, approved by the Department; and
        (4) has successfully completed the examination
    
authorized by the Department within the past 5 years.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/9) (from Ch. 111, par. 3709)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 9. A person shall be qualified for licensure as an occupational therapy assistant if that person:
        (1) has applied in writing in form and substance to
    
the Department;
        (2) (blank);
        (3) has completed an occupational therapy program of
    
at least 2 years in length leading to an associate degree, or its equivalent, approved by the Department; and
        (4) has successfully completed the examination
    
authorized by the Department within the past 5 years.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/10) (from Ch. 111, par. 3710)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10. No action or suit shall be instituted, nor recovery therein be had, in any court of this State by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this Act to other than persons licensed under this Act.
(Source: P.A. 83‑696.)

    (225 ILCS 75/11) (from Ch. 111, par. 3711)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 11. The expiration date and renewal period for each certificate issued under this Act shall be set by rule.
    Any occupational therapist or occupational therapy assistant who has permitted his license to expire or who has had his license on inactive status may have his license restored by making application to the Department and filing proof acceptable to the Department of his fitness to have his license restored. The Department may consider a certificate expired less than 5 years as prima facie evidence that the applicant is fit. If the applicant's license has expired or been placed on inactive status, proof of fitness may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee.
    If the occupational therapist or occupational therapy assistant has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his fitness to resume active status and may require the occupational therapist or occupational therapy assistant to successfully complete a practice examination.
    However, any occupational therapist or occupational therapy assistant whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his certificate renewed or restored without paying any lapsed renewal fees if within 2 years after termination of such service, training or education except under conditions other than honorable, he furnished the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/11.1)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 11.1. Continuing education requirement. All renewal applicants shall provide proof of having met the continuing competency requirements set forth in the rules of the Department. The Department shall provide by rule for an orderly process for the reinstatement of licenses that have not been renewed for failure to meet the continuing competency requirements. The continuing competency requirements may be waived in cases of extreme hardship as defined by rule.
    The Department shall establish by rule a means for verifying the completion of the continuing competency required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continuing competency certificates with the Department, or by any other means established by the Department.
(Source: P.A. 92‑297, eff. 1‑1‑02; 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/12) (from Ch. 111, par. 3712)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 12. Any occupational therapist or occupational therapy assistant who notifies the Department in writing on forms prescribed by the Department, may elect to place his license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he notifies the Department in writing of his desire to resume active status.
    Any occupational therapist or occupational therapy assistant requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his license as provided in Section 11.
    Any occupational therapist or occupational therapy assistant whose license is in an inactive status shall not practice occupational therapy in the State of Illinois.
(Source: P.A. 83‑696.)

    (225 ILCS 75/13) (from Ch. 111, par. 3713)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 13. Endorsement. The Department may, in its discretion, license as an occupational therapist or occupational therapy assistant, without examination, on payment of the required fee, an applicant who is an occupational therapist or occupational therapy assistant licensed under the laws of another jurisdiction, if the requirements for licensure in that jurisdiction were, at the date of his licensure, substantially equivalent to the requirements in force in this State on that date or equivalent to the requirements of this Act.
    Applicants have 3 years from the date of application to complete the application process. If the process has not been completed in 3 years, the application shall be denied, the fee forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 88‑424.)

    (225 ILCS 75/14) (from Ch. 111, par. 3714)
    Sec. 14. (Repealed).
(Source: Repealed by P.A. 88‑424.)

    (225 ILCS 75/15) (from Ch. 111, par. 3715)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 15. Any person who is issued a license as an occupational therapist registered under the terms of this Act may use the words "occupational therapist" or "licensed occupational therapist", or may use the letters "O.T", in connection with his or her name or place of business to denote his or her licensure under this Act.
    Any person who is issued a license as a occupational therapy assistant under the terms of this Act may use the words, "occupational therapy assistant" or "licensed occupational therapy assistant", or he or she may use the letters "O.T.A.", in connection with his or her name or place of business to denote his or her licensure under this Act.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/16) (from Ch. 111, par. 3716)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 16. Fees; returned checks. The fees for the administration and enforcement of this Act, including but not limited to, original certification, renewal and restoration, shall be set by rule.
    Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.
    However, any person whose license has expired while he has been engaged (1) in federal or state service active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees, if within 2 years after termination of such service, training or education other than by dishonorable discharge, he furnishes the Department with satisfactory proof that he has been so engaged and that his service, training or education has been so terminated.
(Source: P.A. 92‑146, eff. 1‑1‑02.)

    (225 ILCS 75/16.5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 16.5. Deposit of fees and fines. Beginning July 1, 1995, all of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.
(Source: P.A. 88‑683, eff. 1‑24‑95.)

    (225 ILCS 75/17) (from Ch. 111, par. 3717)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 17. The Department shall maintain a roster of the names and addresses of all license holders and of all persons whose licenses have been suspended, revoked or placed on inactive or nonrenewed status within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 83‑696.)

    (225 ILCS 75/18) (from Ch. 111, par. 3718)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 18. Advertising.
    (a) Any person licensed under this Act may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law, on the condition that such advertising is truthful and not misleading and is in conformity with rules promulgated by the Department.
    (b) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
(Source: P.A. 91‑310, eff. 1‑1‑00.)

    (225 ILCS 75/19) (from Ch. 111, par. 3719)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19. (a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper, including fines not to exceed $2,500 for each violation, with regard to any license for any one or combination of the following:
        (1) Material misstatement in furnishing information
    
to the Department;
        (2) Wilfully violating this Act, or of the rules
    
promulgated thereunder;
        (3) Conviction of any crime under the laws of the
    
United States or any state or territory thereof which is a felony or which is a misdemeanor, an essential element of which is dishonesty, or of any crime which is directly related to the practice of occupational therapy;
        (4) Making any misrepresentation for the purpose of
    
obtaining certification, or violating any provision of this Act or the rules promulgated thereunder pertaining to advertising;
        (5) Having demonstrated unworthiness, or
    
incompetency to act as an occupational therapist or occupational therapy assistant in such manner as to safeguard the interest of the public;
        (6) Wilfully aiding or assisting another person,
    
firm, partnership or corporation in violating any provision of this Act or rules;
        (7) Failing, within 60 days, to provide information
    
in response to a written request made by the Department;
        (8) Engaging in dishonorable, unethical or
    
unprofessional conduct of a character likely to deceive, defraud or harm the public;
        (9) Habitual intoxication or addiction to the use of
    
drugs;
        (10) Discipline by another state, the District of
    
Columbia, a territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein;
        (11) Directly or indirectly giving to or receiving
    
from any person, firm, corporation, partnership or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered;
        (12) A finding by the Department that the license
    
holder, after having his license disciplined, has violated the terms of the discipline;
        (13) Wilfully making or filing false records or
    
reports in the practice of occupational therapy, including but not limited to false records filed with the State agencies or departments;
        (14) Physical illness, including but not limited to,
    
deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgment, skill or safety;
        (15) Solicitation of professional services other
    
than by permitted advertising;
        (16) Wilfully exceeding the scope of practice
    
customarily undertaken by persons licensed under this Act, which conduct results in, or may result in, harm to the public;
        (17) Holding one's self out to practice occupational
    
therapy under any name other than his own or impersonation of any other occupational therapy licensee;
        (18) Gross negligence;
        (19) Malpractice;
        (20) Obtaining a fee in money or gift in kind of any
    
other items of value or in the form of financial profit or benefit as personal compensation, or as compensation, or charge, profit or gain for an employer or for any other person or persons, on the fraudulent misrepresentation that a manifestly incurable condition of sickness, disease or injury to any person can be cured;
        (21) Accepting commissions or rebates or other forms
    
of remuneration for referring persons to other professionals;
        (22) Failure to file a return, or to pay the tax,
    
penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied;
        (23) Violating the Health Care Worker Self‑Referral
    
Act; and
        (24) Having treated patients other than by the
    
practice of occupational therapy as defined in this Act, or having treated patients as a licensed occupational therapist independent of a referral from a physician, advanced practice nurse or physician assistant in accordance with Section 3.1, dentist, podiatrist, or optometrist, or having failed to notify the physician, advanced practice nurse, physician assistant, dentist, podiatrist, or optometrist who established a diagnosis that the patient is receiving occupational therapy pursuant to that diagnosis.
    (b) The determination by a circuit court that a license holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, as now or hereafter amended, operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, an order by the court so finding and discharging the patient, and the recommendation of the Board to the Director that the license holder be allowed to resume his practice.
    (c) The Department may refuse to issue or take disciplinary action concerning the license of any person who fails to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied as determined by the Department of Revenue.
    (d) In enforcing this Section, the Board, upon a showing of a possible violation, may compel a licensee or applicant to submit to a mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The Board or the Department may order (i) the examining physician to present testimony concerning the mental or physical examination of a licensee or applicant or (ii) the examining clinical psychologist to present testimony concerning the mental examination of a licensee or applicant. No information shall be excluded by reason of any common law or statutory privilege relating to communications between a licensee or applicant and the examining physician or clinical psychologist. An individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of the examination. Failure of an individual to submit to a mental or physical examination, when directed, is grounds for suspension of his or her license. The license must remain suspended until the person submits to the examination or the Board finds, after notice and hearing, that the refusal to submit to the examination was with reasonable cause.
    If the Board finds an individual unable to practice because of the reasons set forth in this Section, the Board must require the individual to submit to care, counseling, or treatment by a physician or clinical psychologist approved by the Board, as a condition, term, or restriction for continued, reinstated, or renewed licensure to practice. In lieu of care, counseling, or treatment, the Board may recommend that the Department file a complaint to immediately suspend or revoke the license of the individual or otherwise discipline the licensee.
    Any individual whose license was granted, continued, reinstated, or renewed subject to conditions, terms, or restrictions, as provided for in this Section, or any individual who was disciplined or placed on supervision pursuant to this Section must be referred to the Director for a determination as to whether the person shall have his or her license suspended immediately, pending a hearing by the Board.
(Source: P.A. 93‑461, eff. 8‑8‑03; 93‑962, eff. 8‑20‑04.)

    (225 ILCS 75/19.1) (from Ch. 111, par. 3720)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.1. (a) If any person violates the provisions of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation. If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as an occupational therapist or an occupational therapy assistant or hold himself out as such without being licensed under the provisions of this Act then any person licensed under this Act, any interested party or any person injured thereby may, in addition to the Director, petition for relief as provided in subsection (a).
    (c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.2) (from Ch. 111, par. 3721)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.2. Investigations; notice. The Department may investigate the actions of any applicant or of any person or person holding or claiming to hold a license. The Department shall, before taking action under Section 19 against a licensee or applicant, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder of, a license of the nature of the charges, that a hearing will be held on the date designated, and direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his last notification to the Department. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to represent such statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Board may continue the hearing from time to time.
(Source: P.A. 87‑1031; 88‑424.)

    (225 ILCS 75/19.3) (from Ch. 111, par. 3722)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.3. The department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew, or the taking of disciplinary action against, a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board and orders of the Department, shall be the record of such proceedings.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.4) (from Ch. 111, par. 3723)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.4. The Department shall have the power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.
    The Director, the designated hearing officer, and every member of the Board shall have power to administer oaths to witness at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.5) (from Ch. 111, par. 3724)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.5. Any circuit court may, upon application of the Department or its designee, or the applicant or licensee against whom proceedings under Section 19 are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.6) (from Ch. 111, par. 3725)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.6. At the conclusion of the hearing the Board shall present to the Director a written report of its findings of fact, conclusions of law and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director. The report of findings of fact, conclusions of law and recommendations of the Board may be the basis for the Department's action regarding a certificate. If the Director disagrees in any regard with the report of the Board he may issue an order in contravention thereof. The Director shall provide to the Board a written explanation for any deviation and shall specify with particularity the reasons for such action in the final order. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act.
(Source: P.A. 88‑424.)

    (225 ILCS 75/19.7) (from Ch. 111, par. 3726)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.7. In any case involving the refusal to issue or renew, or the taking of disciplinary action against, a license, a copy of the Board's report shall be served upon the respondent by the Department as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the Board except as provided in Section 19.6. If the respondent shall order from the reporting service, and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.8) (from Ch. 111, par. 3727)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.8. Whenever the Director is satisfied that substantial justice has not been done in the revocation or suspension of, or the refusal to issue or renew, a license, the Director may order a rehearing by the Board or a designated hearing officer.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.9) (from Ch. 111, par. 3728)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.9. Notwithstanding the provisions of Section 19.2, the Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action involving a refusal to issue or renew, or the taking of disciplinary action against a license. The Director shall notify the Board of such appointment. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his findings of fact, conclusions of law and recommendations to the Board and the Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present their findings of fact, conclusion of law and recommendations to the Director. If the Board fails to present its report within the 60 day period, the Director may issue an order based on the report of the hearing officer. If the Director disagrees in any regard with the report of the Board or hearing officer, he may issue an order in contravention thereof. The Director shall provide to the Board a written explanation for any deviation, and shall specify with particularity the reasons for such action in the final order.
(Source: P.A. 88‑424.)

    (225 ILCS 75/19.10) (from Ch. 111, par. 3729)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.10. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:
        (1) the signature is the genuine signature of the
    
Director;
        (2) the Director is duly appointed and qualified; and
        (3) the Board and the members thereof are qualified
    
to act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (225 ILCS 75/19.11) (from Ch. 111, par. 3730)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.11. At any time after the suspension or revocation of any license, the Department may restore it to the accused person, upon the written recommendation of the Board, unless after an investigation and a hearing, the Department determines that restoration is not in the public interest.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.12) (from Ch. 111, par. 3731)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.12. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Department. If the licensee fails to do so, the Department shall have the right to seize the license.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.13) (from Ch. 111, par. 3732)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.13. The Director may temporarily suspend a license issued under this Act without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 19.2 of this Act, if the Director finds that evidence in his possession indicates that an occupational therapist's or occupational therapy assistant's continuation in practice would constitute an imminent danger to the public. In the event that the Director temporarily suspends a license without a hearing, a hearing by the Board must be held within 30 days after such suspension has occurred.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.14) (from Ch. 111, par. 3733)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.14. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law and all rules adopted pursuant thereto. The term "administrative decision" is defined in Section 3‑101 of the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, except that if the party is not a resident of this State, the venue shall be Sangamon County.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.15) (from Ch. 111, par. 3734)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.15. Certification of record. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 87‑1031.)

    (225 ILCS 75/19.16) (from Ch. 111, par. 3735)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.16. Any person who knowingly violates any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 83‑696.)

    (225 ILCS 75/19.17)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.17. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

    (225 ILCS 75/20) (from Ch. 111, par. 3736)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 20. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the certificate holder has the right to show compliance with all lawful requirements for retention, continuation or renewal of certification is specifically excluded. For the purpose of this Act the notice required under Section 10‑25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

    (225 ILCS 75/21) (from Ch. 111, par. 3737)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 21. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.
(Source: P.A. 83‑696.)

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