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91_SB0658enr SB658 Enrolled LRB9103047ACtm 1 AN ACT to create the Orthotics, Prosthetics, and 2 Pedorthics Practice Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Orthotics, Prosthetics, and Pedorthics Practice Act. 7 Section 5. Declaration of public policy. The practice 8 of orthotics and prosthetics in the State of Illinois is an 9 allied health profession recognized by the American Medical 10 Association, with educational standards established by the 11 Commission on Accreditation of Allied Health Education 12 Programs. The practice of pedorthics in the State of 13 Illinois is an allied health profession recognized by the 14 American Academy of Orthopaedic Surgeons, with educational 15 standards established by the Board for Certification in 16 Pedorthics. The increasing population of elderly and 17 physically challenged individuals who need orthotic, 18 prosthetic, and pedorthic services requires that the 19 orthotic, prosthetic, and pedorthic professions be regulated 20 to ensure the provision of high-quality services and devices. 21 The people of Illinois deserve the best care available, and 22 will benefit from the assurance of initial and ongoing 23 professional competence of the orthotists, prosthetists, and 24 pedorthists practicing in this State. The practice of 25 orthotics, prosthetics, and pedorthics serves to improve and 26 enhance the lives of individuals with disabilities by 27 enabling them to resume productive lives following serious 28 illness, injury, or trauma. Unregulated dispensing of 29 orthotic, prosthetic, and pedorthic care does not adequately 30 meet the needs or serve the interests of the public. In 31 keeping with State requirements imposed on similar health SB658 Enrolled -2- LRB9103047ACtm 1 disciplines, licensure of the orthotic, prosthetic, and 2 pedorthic professions will help ensure the health and safety 3 of consumers, as well as maximize their functional abilities 4 and productivity levels. This Act shall be liberally 5 construed to best carry out these subjects and purposes. 6 Section 10. Definitions. As used in this Act: 7 "Assistant" means a person who assists an orthotist, 8 prosthetist, or prosthetist/orthotist with patient care 9 services and fabrication of orthoses or prostheses under the 10 supervision of a licensed orthotist or prosthetist. 11 "Board" means the Board of Orthotics, Prosthetics, and 12 Pedorthics. 13 "Custom" means that an orthosis, prosthesis, or pedorthic 14 device is designed, fabricated, and aligned specifically for 15 one person in accordance with sound biomechanical principles. 16 "Custom fitted" means that a prefabricated orthosis, 17 prosthesis, or pedorthic device is modified and aligned 18 specifically for one person in accordance with sound 19 biomechanical principles. 20 "Department" means the Department of Professional 21 Regulation. 22 "Director" means the Director of Professional Regulation. 23 "Facility" means the business location where orthotic, 24 prosthetic, or pedorthic care is provided and, in the case of 25 an orthotic/prosthetic facility, has the appropriate clinical 26 and laboratory space and equipment to provide comprehensive 27 orthotic or prosthetic care and, in the case of a pedorthic 28 facility, has the appropriate clinical space and equipment to 29 provide pedorthic care. Licensed orthotists, prosthetists, 30 and pedorthists must be available to either provide care or 31 supervise the provision of care by registered staff. 32 "Licensed orthotist" means a person licensed under this 33 Act to practice orthotics and who represents himself or SB658 Enrolled -3- LRB9103047ACtm 1 herself to the public by title or description of services 2 that includes the term "orthotic", "orthotist", "brace", or a 3 similar title or description of services. 4 "Licensed pedorthist" means a person licensed under this 5 Act to practice pedorthics and who represents himself or 6 herself to the public by the title or description of services 7 that include the term "pedorthic", "pedorthist", or a similar 8 title or description of services. 9 "Licensed physician" means a person licensed under the 10 Medical Practice Act of 1987. 11 "Licensed podiatrist" means a person licensed under the 12 Podiatric Medical Practice Act of 1987. 13 "Licensed prosthetist" means a person licensed under this 14 Act to practice prosthetics and who represents himself or 15 herself to the public by title or description of services 16 that includes the term "prosthetic", "prosthetist", 17 "artificial limb", or a similar title or description of 18 services. 19 "Orthosis" means a custom-fabricated or custom-fitted 20 brace or support designed to provide for alignment, 21 correction, or prevention of neuromuscular or musculoskeletal 22 dysfunction, disease, injury, or deformity. "Orthosis" does 23 not include fabric or elastic supports, corsets, arch 24 supports, low-temperature plastic splints, trusses, elastic 25 hoses, canes, crutches, soft cervical collars, dental 26 appliances, or other similar devices carried in stock and 27 sold as "over-the-counter" items by a drug store, department 28 store, corset shop, or surgical supply facility. 29 "Orthotic and Prosthetic Education Program" means a 30 course of instruction accredited by the Commission on 31 Accreditation of Allied Health Education Programs, consisting 32 of (i) a basic curriculum of college level instruction in 33 math, physics, biology, chemistry, and psychology and (ii) a 34 specific curriculum in orthotic or prosthetic courses, SB658 Enrolled -4- LRB9103047ACtm 1 including: (A) lectures covering pertinent anatomy, 2 biomechanics, pathomechanics, prosthetic-orthotic components 3 and materials, training and functional capabilities, 4 prosthetic or orthotic performance evaluation, prescription 5 considerations, etiology of amputations and disease processes 6 necessitating prosthetic or orthotic use, and medical 7 management; (B) subject matter related to pediatric and 8 geriatric problems; (C) instruction in acute care 9 techniques, such as immediate and early post-surgical 10 prosthetics and fracture bracing techniques; and (D) 11 lectures, demonstrations, and laboratory experiences related 12 to the entire process of measuring, casting, fitting, 13 fabricating, aligning, and completing prostheses or orthoses. 14 "Orthotic and prosthetic scope of practice" means a list 15 of tasks, with relative weight given to such factors as 16 importance, criticality, and frequency, based on 17 internationally accepted standards of orthotic and prosthetic 18 care as outlined by the International Society of Prosthetics 19 and Orthotics' professional profile for Category I and 20 Category III orthotic and prosthetic personnel. 21 "Orthotics" means the science and practice of evaluating, 22 measuring, designing, fabricating, assembling, fitting, 23 adjusting, or servicing an orthosis under an order from a 24 licensed physician or podiatrist for the correction or 25 alleviation of neuromuscular or musculoskeletal dysfunction, 26 disease, injury, or deformity. 27 "Orthotist" means a person who measures, designs, 28 fabricates, fits, or services orthoses and assists in the 29 formulation of the order of orthoses as ordered by a licensed 30 physician for the support or correction of disabilities 31 caused by neuro-musculoskeletal diseases, injuries, or 32 deformities. 33 "Over-the-counter" means a prefabricated, mass-produced 34 device that is prepackaged and requires no professional SB658 Enrolled -5- LRB9103047ACtm 1 advice or judgement in either size selection or use, 2 including fabric or elastic supports, corsets, generic arch 3 supports, elastic hoses. 4 "Pedorthic device" means therapeutic footwear, foot 5 orthoses for use at the ankle or below, and modified footwear 6 made for therapeutic purposes. "Pedorthic device" does not 7 include non-therapeutic accommodative inlays or 8 non-therapeutic accommodative footwear, regardless of method 9 of manufacture, shoe modifications made for non-therapeutic 10 purposes, unmodified, over-the-counter shoes, or 11 prefabricated foot care products. 12 "Pedorthic education program" means a course of 13 instruction accredited by the Board for Certification in 14 Pedorthics consisting of (i) a basic curriculum of 15 instruction in foot-related pathology of diseases, anatomy, 16 and biomechanics and (ii) a specific curriculum in pedorthic 17 courses, including lectures covering shoes, foot orthoses, 18 and shoe modifications, pedorthic components and materials, 19 training and functional capabilities, pedorthic performance 20 evaluation, prescription considerations, etiology of disease 21 processes necessitating use of pedorthic devices, medical 22 management, subject matter related to pediatric and geriatric 23 problems, and lectures, demonstrations, and laboratory 24 experiences related to the entire process of measuring and 25 casting, fitting, fabricating, aligning, and completing 26 pedorthic devices. 27 "Pedorthic scope of practice" means a list of tasks with 28 relative weight given to such factors as importance, 29 criticality, and frequency based on nationally accepted 30 standards of pedorthic care as outlined by the Board for 31 Certification in Pedorthics' comprehensive analysis with an 32 empirical validation study of the profession performed by an 33 independent testing company. 34 "Pedorthics" means the science and practice of SB658 Enrolled -6- LRB9103047ACtm 1 evaluating, measuring, designing, fabricating, assembling, 2 fitting, adjusting, or servicing a pedorthic device under an 3 order from a licensed physician or podiatrist for the 4 correction or alleviation of neuromuscular or musculoskeletal 5 dysfunction, disease, injury, or deformity. 6 "Pedorthist" means a person who measures, designs, 7 fabricates, fits, or services pedorthic devices and assists 8 in the formulation of the order of pedorthic devices as 9 ordered by a licensed physician for the support or correction 10 of disabilities caused by neuro-musculoskeletal diseases, 11 injuries, or deformities. 12 "Person" means a natural person. 13 "Prosthesis" means an artificial medical device that is 14 not surgically implanted and that is used to replace a 15 missing limb, appendage, or any other external human body 16 part including an artificial limb, hand, or foot. 17 "Prosthesis" does not include artificial eyes, ears, fingers, 18 or toes, dental appliances, cosmetic devices such as 19 artificial breasts, eyelashes, or wigs, or other devices that 20 do not have a significant impact on the musculoskeletal 21 functions of the body. 22 "Prosthetics" means the science and practice of 23 evaluating, measuring, designing, fabricating, assembling, 24 fitting, adjusting, or servicing a prosthesis under an order 25 from a licensed physician. 26 "Prosthetist" means a person who measures, designs, 27 fabricates, fits, or services prostheses and assists in the 28 formulation of the order of prostheses as ordered by a 29 licensed physician for the replacement of external parts of 30 the human body lost due to amputation or congenital 31 deformities or absences. 32 "Prosthetist/orthotist" means a person who practices both 33 disciplines of prosthetics and orthotics and who represents 34 himself or herself to the public by title or by description SB658 Enrolled -7- LRB9103047ACtm 1 of services. 2 "Resident" means a person who has completed an education 3 program in either orthotics or prosthetics and is continuing 4 his or her clinical education in a residency accredited by 5 the National Commission on Orthotic and Prosthetic Education. 6 "Technician" means a person who assists an orthotist, 7 prosthetist, prosthetist/orthotist, or pedorthist with 8 fabrication of orthoses, prostheses, or pedorthic devices but 9 does not provide direct patient care. 10 Section 15. Exceptions. This Act shall not be construed 11 to prohibit: 12 (1) a physician licensed in this State from engaging in 13 the practice for which he or she is licensed; 14 (2) a person licensed in this State under any other Act 15 from engaging in the practice for which he or she is 16 licensed; 17 (3) the practice of orthotics, prosthetics, or 18 pedorthics by a person who is employed by the federal 19 government or any bureau, division, or agency of the federal 20 government while in the discharge of the employee's official 21 duties; 22 (4) the practice of orthotics, prosthetics, or 23 pedorthics by (i) a student enrolled in a school of 24 orthotics, prosthetics, or pedorthics, (ii) a resident 25 continuing his or her clinical education in a residency 26 accredited by the National Commission on Orthotic and 27 Prosthetic Education, or (iii) a student in a qualified work 28 experience program or internship in pedorthics; 29 (5) the practice of orthotics, prosthetics, or 30 pedorthics by one who is an orthotist, prosthetist, or 31 pedorthist licensed under the laws of another state or 32 territory of the United States or another country and has 33 applied in writing to the Department, in a form and substance SB658 Enrolled -8- LRB9103047ACtm 1 satisfactory to the Department, for a license as orthotist, 2 prosthetist, or pedorthist and who is qualified to receive 3 the license under Section 40 until (i) the expiration of 6 4 months after the filing of the written application, (ii) the 5 withdrawal of the application, or (iii) the denial of the 6 application by the Department; 7 (6) a person licensed by this State as a physical 8 therapist or occupational therapist from engaging in his or 9 her profession; or 10 (7) a physician licensed under the Podiatric Medical 11 Practice Act of 1997 from engaging in his or her profession. 12 Section 20. Powers and duties of the Department. 13 (a) The Department shall exercise the powers and duties 14 prescribed by the Civil Administrative Code of Illinois for 15 the administration of licensure Acts and shall exercise other 16 powers and duties necessary for effectuating the purposes of 17 this Act. 18 (b) The Department may adopt rules to administer and 19 enforce this Act including, but not limited to, fees for 20 original licensure and renewal and restoration of licenses 21 and may prescribe forms to be issued to implement its rules. 22 The Department shall exercise the powers and duties 23 prescribed by this Act. At a minimum, the rules adopted by 24 the Department shall include standards and criteria for 25 licensure and for professional conduct and discipline. The 26 Department shall consult with the Board in adopting rules. 27 Notice of proposed rulemaking shall be transmitted to the 28 Board, and the Department shall review the Board's response 29 and any recommendations made in writing with proper 30 explanation of deviations from the Board's recommendations 31 and response. 32 (c) The Department at any time may seek the expert 33 advice and knowledge of the Board on any matter relating to SB658 Enrolled -9- LRB9103047ACtm 1 the enforcement of this Act. 2 (d) Department may adopt rules as necessary to establish 3 eligibility for facility registration and standards. 4 Section 25. Board of Orthotics, Prosthetics, and 5 Pedorthics. 6 (a) There is established a Board of Orthotics, 7 Prosthetics, and Pedorthics, which shall consist of 6 voting 8 members to be appointed by the Director. Three members shall 9 be practicing licensed orthotists, licensed prosthetists, or 10 licensed pedorthists. These members may be licensed in more 11 than one discipline and their appointments must equally 12 represent all 3 disciplines. One member shall be a member of 13 the public who is a consumer of orthotic, prosthetic, or 14 pedorthic professional services. One member shall be a 15 public member who is not licensed under this Act or a 16 consumer of services licensed under this Act. One member 17 shall be a licensed physician. 18 (b) Each member of the Board shall serve a term of 3 19 years, except that of the initial appointments to the Board, 20 2 members shall be appointed for one year, 2 members shall be 21 appointed for 2 years, and 2 members shall be appointed for 3 22 years. Each member shall hold office and execute his or her 23 Board responsibilities until the qualification and 24 appointment of his or her successor. No member of the Board 25 shall serve more than 8 consecutive years or 2 full terms, 26 whichever is greater. 27 (c) Members of the Board shall receive as compensation a 28 reasonable sum as determined by the Director for each day 29 actually engaged in the duties of the office and shall be 30 reimbursed for reasonable expenses incurred in performing the 31 duties of the office. 32 (d) A quorum of the Board shall consist of a majority of 33 Board members currently appointed. SB658 Enrolled -10- LRB9103047ACtm 1 (e) The Director may terminate the appointment of any 2 member for cause which, in the opinion of the Director 3 reasonably justifies termination, which may include, but is 4 not limited to, a Board member who does not attend 2 5 consecutive meetings. 6 (f) Membership of the Board should reasonably reflect 7 representation from the geographic areas in this State. 8 Section 30. Board; immunity; chairperson. 9 (a) Members of the Board shall be immune from suit in 10 any action based upon any disciplinary proceeding or other 11 activities performed in good faith as members of the Board. 12 (b) The Board shall annually elect a chairperson and 13 vice chairperson who shall be licensed under this Act. 14 Section 35. Application for original license. An 15 application for an original license shall be made to the 16 Department in writing on a form prescribed by the Department 17 and shall be accompanied by the required fee, which shall not 18 be refundable. An application shall require information that 19 in the judgement of the Department will enable the Department 20 to pass on the qualifications of the applicant for a license. 21 Section 40. Qualifications for licensure as orthotist, 22 prosthetist, or pedorthist. 23 (a) To qualify for a license to practice orthotics or 24 prosthetics, a person shall: 25 (1) possess a baccalaureate degree from a college 26 or university; 27 (2) have completed the amount of formal training, 28 including, but not limited to, any hours of classroom 29 education and clinical practice established and approved 30 by the Department; 31 (3) complete a clinical residency in the SB658 Enrolled -11- LRB9103047ACtm 1 professional area for which a license is sought in 2 accordance with standards, guidelines, or procedures for 3 residencies inside or outside this State established and 4 approved by the Department. The majority of training must 5 be devoted to services performed under the supervision of 6 a licensed practitioner of orthotics or prosthetics or a 7 person certified as a Certified Orthotist (CO), Certified 8 Prosthetist (CP), or Certified Prosthetist Orthotist 9 (CPO) whose certification was obtained before the 10 effective date of this Act; 11 (4) pass all written, practical, and oral 12 examinations that are required and approved by the 13 Department; and 14 (5) be qualified to practice in accordance with 15 internationally accepted standards of orthotic and 16 prosthetic care. 17 (b) To qualify for a license to practice pedorthics, a 18 person shall: 19 (1) possess a high school diploma or its 20 equivalent; 21 (2) have completed the amount of formal training, 22 including, but not limited to, any hours of classroom 23 education and clinical practice established and approved 24 by the Department; 25 (3) complete a qualified work experience program or 26 internship in pedorthics in accordance with any 27 standards, guidelines, or procedures established and 28 approved by the Department; 29 (4) pass all examinations that are required and 30 approved by the Department; and 31 (5) be qualified to practice in accordance with 32 nationally accepted standards of pedorthic care. 33 (c) The standards and requirements for licensure 34 established by the Department shall be substantially equal to SB658 Enrolled -12- LRB9103047ACtm 1 or in excess of standards commonly accepted in the profession 2 of orthotics, prosthetics, or pedorthics. The Department 3 shall adopt rules as necessary to set the standards and 4 requirements. 5 (d) A person may be licensed in more than one 6 discipline. 7 Section 45. Examination requirement. 8 (a) The Department may authorize examinations of 9 applicants as orthotists, prosthetists, or pedorthists at 10 times and places as it may determine. The examination of 11 applicants shall be of a character to fairly test the 12 qualifications of the applicant to practice orthotics, 13 prosthetics, or pedorthics. 14 (b) Applicants for examination as orthotists, 15 prosthetists, and pedorthists shall be required to pay, 16 either to the Department or the designated testing service, a 17 fee covering the cost of providing the examination. Failure 18 to appear for the examination on the scheduled date at the 19 time and place specified after the applicant's application 20 for examination has been received and acknowledged by the 21 Department or the designated testing service shall result in 22 the forfeiture of the examination fee. 23 (c) If an applicant neglects, fails, or refuses to take 24 an examination or fails to pass an examination for a license 25 under this Act within 3 years after filing his or her 26 application, the application shall be denied. All fees are 27 nonrefundable. The applicant may make a new application for 28 examination accompanied by the required fee and must furnish 29 proof of meeting qualifications for licensure in effect at 30 the time of new application. 31 (d) The Department shall set by rule the maximum number 32 of attempts that an applicant may make to pass the 33 examination within a specified period of time. The SB658 Enrolled -13- LRB9103047ACtm 1 Department shall also determine any further training required 2 before a reexamination. 3 (e) The Department may employ consultants for the 4 purpose of preparing and conducting examinations. An 5 applicant for an examination as an orthotist, a prosthetist, 6 or pedorthist shall be required to pay, either to the 7 Department or to the designated testing service, a fee 8 covering the cost of providing the examination. 9 Section 50. Assistants; technicians. 10 (a) No person shall work as an assistant to an 11 orthotist, prosthetist, or prosthetist/orthotist and provide 12 patient care services or fabrication of orthoses or 13 prostheses, unless he or she is doing the work under the 14 supervision of a licensed orthotist or prosthetist. 15 (b) No person shall work as a technician, as defined in 16 this Act, unless the work is performed under the supervision 17 of a person licensed under this Act. 18 Section 55. Transition period. 19 (a) Until January 1, 2002, a person certified as a 20 Certified Orthotist (CO), Certified Prosthetist (CP), or 21 Certified Prosthetist Orthotist (CPO) by the American Board 22 for Certification in Prosthetics and Orthotics, Incorporated, 23 or holding similar certifications from other accrediting 24 bodies with equivalent educational requirements and 25 examination standards may apply for and shall be granted 26 orthotic or prosthetic licensure under this Act upon payment 27 of the required fee. After that date, any applicant for 28 licensure as an orthotist or a prosthetist shall meet the 29 requirements of subsection (a) of Section 40 of this Act. 30 (b) Until January 1, 2002, a person certified as a 31 Certified Pedorthist (CPed) by the Board for Certification in 32 Pedorthics, Incorporated, or a person certified as a SB658 Enrolled -14- LRB9103047ACtm 1 Certified Orthotist (CO) or Certified Prosthetist Orthotist 2 (CPO) by the American Board for Certification in Prosthetics 3 and Orthotics, Incorporated, or holding similar 4 certifications from other accrediting bodies with equivalent 5 educational requirements and examination standards may apply 6 for and shall be granted pedorthic licensure under this Act 7 upon payment of the required fee. After that date, any 8 applicant for licensure as a pedorthist shall meet the 9 requirements of subsection (b) of Section 40 of this Act. 10 (c) On and after January 1, 2002, no person shall 11 practice orthotics, prosthetics, or pedorthics in this State 12 or hold himself or herself out as being able to practice 13 either profession, unless he or she is licensed in accordance 14 with Section 40 of this Act. 15 (d) Notwithstanding any other provision of this Section, 16 a person who has practiced full-time for the past 7 years in 17 a prosthetic/orthotic facility as an orthotist, prosthetist, 18 prosthetist/orthotist, assistant, or technician or in a 19 pedorthic facility as a pedorthist or pedorthic technician on 20 the effective date of this Act may file an application with 21 the Board within 60 days after the enforcement of this 22 Section begins pursuant to Section 56 of this Act in order to 23 continue to practice orthotics, prosthetics, or pedorthics at 24 his or her identified level of practice. The applicant 25 shall be issued a license or certificate of registration to 26 practice orthotics, prosthetics, or pedorthics under the 27 provisions of this Act without examination upon receipt by 28 the Department of payment of the licensing or registration 29 fee required under Section 70 of this Act and after the Board 30 has completed an investigation of the applicant's work 31 history. The Board shall complete its investigation for the 32 purposes of this Section within 6 months of the date of the 33 application. The investigation may include, but is not 34 limited to, completion by the applicant of a questionnaire SB658 Enrolled -15- LRB9103047ACtm 1 regarding the applicant's work history and scope of practice. 2 Section 56. Enforcement. The licensure requirements of 3 Sections 40, 50, and 55 shall not be enforced until 12 months 4 after the adoption of final administrative rules for this 5 Act. 6 Section 57. Limitation on provision of care and 7 services. A licensed orthotist or pedorthist may provide 8 care or services only if the care or services are provided 9 pursuant to an order from a licensed physician or podiatrist. 10 A licensed prosthetist may provide care or services only if 11 the care or services are provided pursuant to an order from a 12 licensed physician. 13 Section 60. Renewal; restoration; military service. 14 (a) The expiration date and renewal period for each 15 license issued under this Act shall be set by rule of the 16 Department. The Board shall establish continuing education 17 requirements for the renewal of a license. These 18 requirements shall be based on established standards of 19 competence. 20 (b) A person who has permitted his or her license to 21 expire or who has had his or her license on inactive status 22 may have his or her license restored by (i) making 23 application to the Department, (ii) filing proof acceptable 24 to the Department of his or her fitness to have his or her 25 license restored including, but not limited to, sworn 26 evidence certifying to active practice in another 27 jurisdiction satisfactory to the Department, and (iii) paying 28 the required restoration fee. If the person has not 29 maintained an active practice in another jurisdiction 30 satisfactory to the Department, the Board shall determine, by 31 an evaluation program established by rule, his or her fitness SB658 Enrolled -16- LRB9103047ACtm 1 to resume active status and may require the person to 2 complete a period of evaluated clinical experience and may 3 require successful completion of an examination. 4 (c) A person whose license expired while he or she was 5 (i) in federal service on active duty within the armed forces 6 of the United States or with the State militia called into 7 service or training or (ii) in training or education under 8 the supervision of the United States preliminary to induction 9 into military service may have his or her license renewed or 10 restored without paying a lapsed renewal fee if, within 2 11 years after termination from the service, training, or 12 education except under conditions other than honorable, he or 13 she furnished the Department with satisfactory evidence that 14 he or she has been so engaged and that his or her service, 15 training, or education has been terminated. 16 Section 65. Elective inactive status. A person who 17 notifies the Department in writing on forms prescribed by the 18 Department may elect to place his or her license on an 19 inactive status and shall, subject to rules of the 20 Department, be excused from payment of renewal fees until he 21 or she notifies the Department in writing of his or her 22 desire to resume active status. 23 A person requesting restoration from inactive status 24 shall be required to pay the current renewal fee and shall be 25 required to restore his or her license as provided in Section 26 60 of this Act. 27 An orthotist, prosthetist, or pedorthist whose license is 28 on inactive status shall not practice orthotics, prosthetics, 29 or pedorthics in this State. 30 Section 70. Endorsement. The Department may, at its 31 discretion, license as either an orthotist, prosthetist, or 32 pedorthist, without examination and on payment of the SB658 Enrolled -17- LRB9103047ACtm 1 required fee, an applicant who is an orthotist, prosthetist, 2 or pedorthist who is (i) licensed under the laws of another 3 state, territory, or country, if the requirements for 4 licensure in that state, territory, or country in which the 5 applicant was licensed were, at the date of his or her 6 licensure, substantially equal to the requirements in force 7 in this State on that date or (ii) certified by a national 8 certification organization with educational and testing 9 standards equal to or more stringent than the licensing 10 requirements of this State. 11 Section 75. Fees. 12 (a) The Department shall provide by rule for a schedule 13 of fees to be paid for licenses by all applicants. All fees 14 are not refundable. 15 (b) The fees for the administration and enforcement of 16 this Act including, but not limited to, original licensure, 17 renewal, and restoration shall be set by rule by the 18 Department. 19 (c) All fees and fines collected under this Act shall be 20 deposited into the General Professions Dedicated Fund. 21 Section 80. Roster of licensees and registrants. The 22 Department shall maintain a current roster of the names and 23 addresses of all licensees, registrants, and all persons 24 whose licenses have been suspended or revoked within the 25 previous year. This roster shall be available upon written 26 request and payment of the required fee. 27 Section 85. Practice by corporations. Nothing in this 28 Act shall restrict licensees from forming professional 29 service corporations under the provisions of the Professional 30 Service Corporation Act. SB658 Enrolled -18- LRB9103047ACtm 1 Section 90. Grounds for discipline. 2 (a) The Department may refuse to issue or renew a 3 license, may revoke or suspend a license, or may suspend, 4 place on probation, censure, or reprimand a licensee for one 5 or any combination of the following: 6 (1) Making a material misstatement in furnishing 7 information to the Department or the Board. 8 (2) Violations of or negligent or intentional 9 disregard of this Act or its rules. 10 (3) Conviction of any crime that under the laws of 11 the United States or of a state or territory of the 12 United States is a felony or a misdemeanor, an essential 13 element of which is dishonesty, or of a crime that is 14 directly related to the practice of the profession. 15 (4) Making a misrepresentation for the purpose of 16 obtaining a license. 17 (5) A pattern of practice or other behavior that 18 demonstrates incapacity or incompetence to practice under 19 this Act. 20 (6) Gross negligence under this Act. 21 (7) Aiding or assisting another person in violating 22 a provision of this Act or its rules. 23 (8) Failing to provide information within 60 days 24 in response to a written request made by the Department. 25 (9) Engaging in dishonorable, unethical, or 26 unprofessional conduct or conduct of a character likely 27 to deceive, defraud, or harm the public. 28 (10) Habitual intoxication or addiction to the use 29 of drugs. 30 (11) Discipline by another state or territory of 31 the United States, the federal government, or foreign 32 nation, if at least one of the grounds for the discipline 33 is the same or substantially equivalent to one set forth 34 in this Section. SB658 Enrolled -19- LRB9103047ACtm 1 (12) Directly or indirectly giving to or receiving 2 from a person, firm, corporation, partnership, or 3 association a fee, commission, rebate, or other form of 4 compensation for professional services not actually or 5 personally rendered. 6 (13) A finding by the Board that the licensee or 7 registrant, after having his or her license placed on 8 probationary status, has violated the terms of probation. 9 (14) Abandonment of a patient or client. 10 (15) Wilfully making or filing false records or 11 reports in his or her practice including, but not limited 12 to, false records filed with State agencies or 13 departments. 14 (16) Wilfully failing to report an instance of 15 suspected child abuse or neglect as required by the 16 Abused and Neglected Child Reporting Act. 17 (17) Physical illness including, but not limited 18 to, deterioration through the aging process or loss of 19 motor skill that results in the inability to practice the 20 profession with reasonable judgement, skill, or safety. 21 (18) Solicitation of professional services using 22 false or misleading advertising. 23 (b) The determination by a circuit court that a licensee 24 or registrant is subject to involuntary admission or judicial 25 admission, as provided in the Mental Health and Developmental 26 Disabilities Code, operates as an automatic suspension. The 27 suspension will end only upon (i) a finding by a court that 28 the patient is no longer subject to involuntary admission or 29 judicial admission and the issuance of a court order so 30 finding and discharging the patient and (ii) the 31 recommendation of the Board to the Director that the licensee 32 or registrant be allowed to resume his or her practice. 33 (c) In enforcing this Section, the Department or Board 34 upon a showing of a possible violation may compel an SB658 Enrolled -20- LRB9103047ACtm 1 individual licensed to practice under this Act, or who has 2 applied for licensure under this Act, to submit to a mental 3 or physical examination, or both, as required by and at the 4 expense of the Department. The Department or Board may order 5 the examining physician to present testimony concerning the 6 mental or physical examination of the licensee or applicant. 7 No information shall be excluded by reason of any common law 8 or statutory privilege relating to communications between the 9 licensee or applicant and the examining physician. The 10 examining physicians shall be specifically designated by the 11 Board or Department. The individual to be examined may have, 12 at his or her own expense, another physician of his or her 13 choice present during all aspects of this examination. The 14 examination shall be performed by a physician licensed to 15 practice medicine in all its branches. Failure of an 16 individual to submit to a mental or physical examination, 17 when directed, shall be grounds for suspension of his or her 18 license until the individual submits to the examination if 19 the Department finds, after notice and hearing, that the 20 refusal to submit to the examination was without reasonable 21 cause. 22 If the Department or Board finds an individual unable to 23 practice because of the reasons set forth in this Section, 24 the Department or Board may require that individual to submit 25 to care, counseling, or treatment by physicians approved or 26 designated by the Department or Board, as a condition, term, 27 or restriction for continued, reinstated, or renewed 28 licensure to practice; or, in lieu of care, counseling, or 29 treatment, the Department may file, or the Board may 30 recommend to the Department to file, a complaint to 31 immediately suspend, revoke, or otherwise discipline the 32 license of the individual. An individual whose license was 33 granted, continued, reinstated, renewed, disciplined or 34 supervised subject to such terms, conditions, or SB658 Enrolled -21- LRB9103047ACtm 1 restrictions, and who fails to comply with such terms, 2 conditions, or restrictions, shall be referred to the 3 Director for a determination as to whether the individual 4 shall have his or her license suspended immediately, pending 5 a hearing by the Department. 6 In instances in which the Director immediately suspends a 7 person's license under this Section, a hearing on that 8 person's license must be convened by the Department within 15 9 days after the suspension and completed without appreciable 10 delay. The Department and Board shall have the authority to 11 review the subject individual's record of treatment and 12 counseling regarding the impairment to the extent permitted 13 by applicable federal statutes and regulations safeguarding 14 the confidentiality of medical records. 15 An individual licensed under this Act and affected under 16 this Section shall be afforded an opportunity to demonstrate 17 to the Department or Board that he or she can resume practice 18 in compliance with acceptable and prevailing standards under 19 the provisions of his or her license. 20 Section 95. Injunction; cease and desist order. 21 (a) If any person violates a provision of this Act, the 22 Director may, in the name of the People of the State of 23 Illinois and through the Attorney General of the State of 24 Illinois, petition for an order enjoining the violation or 25 for an order enforcing compliance with this Act. Upon the 26 filing of a verified petition in court, the court may issue a 27 temporary restraining order, without notice or bond, and may 28 preliminarily and permanently enjoin the violation. If it is 29 established that the person has violated or is violating the 30 injunction, the court may punish the offender for contempt of 31 court. Proceedings under this Section shall be in addition 32 to, and not in lieu of, all other remedies and penalties 33 provided by this Act. SB658 Enrolled -22- LRB9103047ACtm 1 (b) If a person practices as an orthotist, prosthetist, 2 or pedorthist or holds himself or herself out as an 3 orthotist, prosthetist, or pedorthist without being licensed 4 or registered under the provisions of this Act, then any 5 other licensed or registered orthotist, prosthetist, or 6 pedorthist, any interested party, or any person injured by 7 the person may, in addition to the Director, petition for 8 relief as provided in subsection (a) of this Section. 9 (c) Whenever in the opinion of the Department a person 10 violates a provision of this Act, the Department may issue a 11 rule to show cause why an order to cease and desist should 12 not be entered against him or her. The rule shall clearly 13 set forth the grounds relied upon by the Department and shall 14 provide a period of 7 days from the date of the rule to file 15 an answer to the satisfaction of the Department. Failure to 16 answer to the satisfaction of the Department shall cause an 17 order to cease and desist to be issued immediately. 18 Section 100. Investigations; notice and hearing. The 19 Department may investigate the actions of an applicant or of 20 a person or persons holding or claiming to hold a license. 21 Before refusing to issue or renew a license, the Department 22 shall, at least 10 days prior to the date set for the 23 hearing, notify in writing the applicant for or holder of a 24 license of the nature of the charges and that a hearing will 25 be held on the date designated. The written notice may be 26 served by personal delivery or by certified or registered 27 mail to the respondent at the address disclosed on his or her 28 last notification to the Department. At the time and place 29 fixed in the notice, the Board shall proceed to hear the 30 charges. The parties or their counsel shall be afforded 31 ample opportunity to present statements, testimony, evidence, 32 and argument that may be pertinent to the charges or to the 33 defense to the charges. The Board may continue the hearing SB658 Enrolled -23- LRB9103047ACtm 1 from time to time. 2 Section 105. Transcript. The Department, at its own 3 expense, shall preserve a record of all proceedings at the 4 formal hearing of a case involving the refusal to issue or 5 renew a license. The notice of hearing, complaint, and all 6 other documents in the nature of pleadings and written 7 motions filed in the proceedings, the transcript of 8 testimony, the report of the Board, and orders of the 9 Department shall be in the record of the proceeding. 10 Section 110. Compelling testimony. A circuit court may, 11 upon application of the Director or his or her designee or 12 the applicant or licensee against whom proceedings under 13 Section 100 of this Act are pending, enter an order requiring 14 the attendance of witnesses and their testimony and requiring 15 the production of documents, papers, files, books, and 16 records in connection with a hearing or investigation. The 17 court may compel obedience to its order through contempt 18 proceedings. 19 Section 115. Board findings and recommendations. At the 20 conclusion of a hearing, the Board shall present to the 21 Director a written report of its findings and 22 recommendations. The report shall contain a finding of 23 whether or not the accused person violated this Act or failed 24 to comply with the conditions required in this Act. The 25 Board shall specify the nature of the violation or failure to 26 comply and shall make its recommendations to the Director. 27 The report of findings and recommendations of the Board shall 28 be the basis for the Department's order for the refusal or 29 for the granting of a license, unless the Director determines 30 that the Board report is contrary to the manifest weight of 31 the evidence, in which case the Director may issue an order SB658 Enrolled -24- LRB9103047ACtm 1 in contravention to the Board report. A Board finding is not 2 admissible in evidence against the person in a criminal 3 prosecution brought for a violation of this Act, but the 4 hearing and finding are not a bar to a criminal prosecution 5 brought for a violation of this Act. 6 Section 120. Motion for rehearing. In any case 7 involving the refusal to issue or renew a license or the 8 discipline of a licensee, a copy of the Board's report shall 9 be served upon the respondent by the Department, either 10 personally or as provided in this Act for the service of the 11 notice of hearing. Within 20 days after service, the 12 respondent may present to the Department a motion in writing 13 for a rehearing, which shall specify the particular grounds 14 for rehearing. If no motion for rehearing is filed, then 15 upon the expiration of the time specified for filing the 16 motion, or if a motion for rehearing is denied, upon the 17 denial, the Director may enter an order in accordance with 18 recommendations of the Board, except as provided in Section 19 115 of this Act. If the respondent orders from the reporting 20 service and pays for a transcript of the record within the 21 time for filing a motion for rehearing, the 20-day period 22 within which the motion may be filed shall commence upon the 23 delivery of the transcript to the respondent. 24 Section 125. Rehearing on order of Director. Whenever 25 the Director is not satisfied that substantial justice has 26 been done in the revocation, suspension, or refusal to issue 27 or renew a license the Director may order a rehearing by the 28 same or other examiners. 29 Section 130. Appointment of hearing officer. The 30 Director shall have the authority to appoint an attorney 31 licensed to practice law in the State of Illinois to serve as SB658 Enrolled -25- LRB9103047ACtm 1 a hearing officer in an action for refusal to issue or renew 2 a license or to discipline a licensee. The hearing officer 3 shall have full authority to conduct the hearing. The 4 hearing officer shall report his or her findings and 5 recommendations to the Board and the Director. The Board 6 shall have 60 days from receipt of the report to review the 7 report of the hearing officer and present its findings of 8 fact, conclusions of law, and recommendations to the 9 Director. If the Board fails to present its report within 10 the 60-day period, the Director shall issue an order based on 11 the report of the hearing officer. If the Director 12 determines that the Board's report is contrary to the 13 manifest weight of the evidence, he or she may issue an order 14 in contravention of the Board's report. 15 Section 135. Order or certified copy. An order or a 16 certified copy of an order, over the seal of the Department 17 and purporting to be signed by the Director, shall be prima 18 facie proof: 19 (1) that the signature is the genuine signature of the 20 Director; 21 (2) that the Director is duly appointed and qualified; 22 and 23 (3) that the Board and its members are qualified to act. 24 Section 140. Restoration of suspended or revoked 25 license. At any time after the suspension or revocation of 26 any license, the Department may restore the license to the 27 accused person upon the written recommendation of the Board 28 unless, after an investigation and a hearing, the Board 29 determines that restoration is not in the public interest. 30 Section 145. Surrender of license. Upon the revocation 31 or suspension of a license, the licensee shall immediately SB658 Enrolled -26- LRB9103047ACtm 1 surrender the license to the Department, and if the licensee 2 fails to do so, the Department shall have the right to seize 3 the license. 4 Section 150. Temporary suspension of a license. The 5 Director may temporarily suspend the license of an orthotist, 6 prosthetist, or pedorthist without a hearing simultaneously 7 with the institution of proceedings for a hearing provided 8 for in Section 95 of this Act if the Director finds that 9 evidence in his or her possession indicates that a licensee's 10 continuation in practice would constitute an imminent danger 11 to the public. If the Director temporarily suspends a 12 license without a hearing, a hearing by the Board must be 13 held within 30 days after the suspension. 14 Section 155. Administrative Review Law; venue. All 15 final administrative decisions of the Department are subject 16 to judicial review pursuant to the provisions of the 17 Administrative Review Law and its rules. The term 18 "administrative decision" has the same meaning as in Section 19 3-101 of the Administrative Review Law. Proceedings for 20 judicial review shall be commenced in the circuit court of 21 the county in which the party applying for review resides, 22 but if the party is not a resident of this State, the venue 23 shall be in Sangamon County. 24 Section 160. Certifications of record; costs. The 25 Department shall not be required to certify any record to the 26 court or file any answer in court or otherwise appear in any 27 court in a judicial review proceeding unless there is filed 28 in the court with the complaint a receipt from the Department 29 acknowledging payment of the costs of furnishing and 30 certifying the record, which shall be computed at the rate of 31 20 cents per page of the record. Failure on the part of a SB658 Enrolled -27- LRB9103047ACtm 1 plaintiff to file a receipt in court shall be grounds for 2 dismissal of the action. 3 Section 165. Penalties. A person who is found to have 4 violated a provision of this Act is guilty of a Class A 5 misdemeanor for a first offense and is guilty of a Class 4 6 felony for a second or subsequent offense. 7 Section 170. Illinois Administrative Procedure Act. The 8 Illinois Administrative Procedure Act is hereby expressly 9 adopted and incorporated in this Act as if all of the 10 provisions of that Act were included in this Act, except that 11 the provision of subsection (d) of Section 10-65 of the 12 Illinois Administrative Procedure Act, which provides that at 13 hearings the licensee has the right to show compliance with 14 all lawful requirements for retention, continuation, or 15 renewal of the license, is specifically excluded and for 16 purposes of this Act. The notice required under Section 17 10-25 of the Illinois Administrative Procedure Act is deemed 18 sufficient when mailed to the last known address of a party. 19 Section 175. Home rule preemption. It is declared to be 20 the public policy of this State, pursuant to paragraph (h) of 21 Section 6 of Article VII of the Illinois Constitution of 22 1970, that a power or function set forth in this Act to be 23 exercised by the State is an exclusive State power or 24 function. No power or function granted under this Act shall 25 be exercised concurrently, either directly or indirectly, by 26 a unit of local government, including home rule units, except 27 as otherwise provided in this Act. 28 Section 250. The Regulatory Sunset Act is amended by 29 adding Section 4.20 as follows: SB658 Enrolled -28- LRB9103047ACtm 1 (5 ILCS 80/4.20 new) 2 Sec. 4.20. Act repealed on January 1, 2010. The following 3 Act is repealed on January 1, 2010: 4 The Illinois Orthotics, Prosthetics, and Pedorthics 5 Practice Act. 6 Section 999. Effective date. This Act takes effect 7 January 1, 2000.