(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(Section scheduled to be repealed on January 1, 2014)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
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| abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes; |
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(b) adaptation of task, process, or the environment |
| or the teaching of compensatory techniques in order to enhance performance; |
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(c) disability prevention methods and techniques that |
| facilitate the development or safe application of performance skills; and |
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(d) health promotion strategies and practices that |
| enhance performance abilities. |
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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; |
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(b) evaluating, developing, remediating, or restoring |
| sensorimotor, cognitive, or psychosocial components of performance; |
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(c) designing, fabricating, applying, or training in |
| the use of assistive technology or temporary, orthoses and training in the use of orthoses and prostheses; |
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(d) adapting environments and processes, including |
| the application of ergonomic principles, to enhance performance and safety in daily life roles; |
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(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; |
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(f) evaluating and providing intervention in |
| collaboration with the client, family, caregiver, or others; |
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(g) educating the client, family, caregiver, or |
| others in carrying out appropriate nonskilled interventions; and |
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(h) consulting with groups, programs, organizations, |
| or communities to provide population-based services. |
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(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
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| state which has licensure requirements at least as restrictive as the requirements of this Act, or |
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(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 |
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(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 |
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(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. |
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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 75/19)
(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
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(2) Wilfully violating this Act, or of the rules |
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(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; |
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(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; |
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(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; |
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(6) Wilfully aiding or assisting another person, |
| firm, partnership or corporation in violating any provision of this Act or rules; |
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(7) Failing, within 60 days, to provide information |
| in response to a written request made by the Department; |
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(8) Engaging in dishonorable, unethical or |
| unprofessional conduct of a character likely to deceive, defraud or harm the public; |
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(9) Habitual intoxication or addiction to the use of |
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(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; |
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(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. Nothing in this paragraph (11) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (11) shall be construed to require an employment arrangement to receive professional fees for services rendered; |
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(12) A finding by the Department that the license |
| holder, after having his license disciplined, has violated the terms of the discipline; |
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(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; |
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(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; |
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(15) Solicitation of professional services other than |
| by permitted advertising; |
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(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; |
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(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; |
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(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; |
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(21) Accepting commissions or rebates or other forms |
| of remuneration for referring persons to other professionals; |
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(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; |
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(23) Violating the Health Care Worker Self-Referral |
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(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. |
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(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. 96-1482, eff. 11-29-10.) |