Illinois General Assembly - Full Text of Public Act 094-0246
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Public Act 094-0246


 

Public Act 0246 94TH GENERAL ASSEMBLY

 


 
Public Act 094-0246
 
HB0298 Enrolled LRB094 06459 RAS 36547 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.16 and by adding Section 4.26 as follows:
 
    (5 ILCS 80/4.16)
    Sec. 4.16. Acts repealed January 1, 2006. The following
Acts are repealed January 1, 2006:
    The Respiratory Care Practice Act.
    The Hearing Instrument Consumer Protection Act.
    The Illinois Dental Practice Act.
    The Professional Geologist Licensing Act.
    The Illinois Athletic Trainers Practice Act.
    The Barber, Cosmetology, Esthetics, and Nail Technology
Act of 1985.
    The Collection Agency Act.
    The Illinois Roofing Industry Licensing Act.
    The Illinois Physical Therapy Act.
(Source: P.A. 89-33, eff. 1-1-96; 89-72, eff. 12-31-95; 89-80,
eff. 6-30-95; 89-116, eff. 7-7-95; 89-366, eff. 7-1-96; 89-387,
eff. 8-20-95; 89-626, eff. 8-9-96.)
 
    (5 ILCS 80/4.26 new)
    Sec. 4.26. Act repealed on January 1, 2016. The following
Act is repealed on January 1, 2016:
    The Illinois Athletic Trainers Practice Act.
 
    Section 10. The Illinois Athletic Trainers Practice Act is
amended by changing Sections 3, 4, 6, 9, 10, 13, 16, 17.5, and
34 and by adding Section 34.1 as follows:
 
    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 3. Definitions. As used in this Act:
    (1) "Department" means the Department of Professional
Regulation.
    (2) "Director" means the Director of Professional
Regulation.
    (3) "Board" means the Illinois Board of Athletic Trainers
appointed by the Director.
    (4) "Licensed athletic trainer" means a person licensed to
practice athletic training as defined in this Act and with the
specific qualifications set forth in Section 9 of this Act who,
upon the direction of his or her team physician or consulting
physician, carries out the practice of prevention/emergency
care or physical reconditioning of injuries incurred by
athletes participating in an athletic program conducted by an
educational institution, professional athletic organization,
or sanctioned amateur athletic organization employing the
athletic trainer; or a person who, under the direction of a
physician, carries out comparable functions for a health
organization-based extramural program of athletic training
services for athletes. Specific duties of the athletic trainer
include but are not limited to:
        A. Supervision of the selection, fitting, and
    maintenance of protective equipment;
        B. Provision of assistance to the coaching staff in the
    development and implementation of conditioning programs;
        C. Counseling of athletes on nutrition and hygiene;
        D. Supervision of athletic training facility and
    inspection of playing facilities;
        E. Selection and maintenance of athletic training
    equipment and supplies;
        F. Instruction and supervision of student trainer
    staff;
        G. Coordination with a team physician to provide:
            (i) pre-competition physical exam and health
        history updates,
            (ii) game coverage or phone access to a physician
        or paramedic,
            (iii) follow-up injury care,
            (iv) reconditioning programs, and
            (v) assistance on all matters pertaining to the
        health and well-being of athletes.
        H. Provision of on-site injury care and evaluation as
    well as appropriate transportation, follow-up treatment
    and rehabilitation as necessary for all injuries sustained
    by athletes in the program;
        I. With a physician, determination of when an athlete
    may safely return to full participation post-injury; and
        J. Maintenance of complete and accurate records of all
    athletic injuries and treatments rendered.
    To carry out these functions the athletic trainer is
authorized to utilize modalities, including, but not limited
to, such as heat, light, sound, cold, electricity, exercise, or
mechanical devices related to care and reconditioning.
    (5) "Referral" means the guidance and or direction to the
athletic trainer given by the physician, who shall maintain
supervision of the athlete.
    (6) "Athletic trainer aide" means a person who has received
on-the-job training specific to the facility in which he or she
is employed, on either a paid or volunteer basis, but is not
enrolled in an accredited athletic training curriculum.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 4. Licensure requirement - Exempt activities. After
the effective date of this Act, no person shall provide any of
the services set forth in subsection (4) of Section 3 of this
Act, or use the title "athletic trainer" or "certified athletic
trainer" or "athletic trainer certified" or the letters "A.T.",
"C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his name,
unless licensed under this Act.
    Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
    (1) Any person licensed or registered in this State by any
other law from engaging in the profession or occupation for
which he or she is licensed or registered. ; or
    (2) Any person employed as an athletic trainer by the
Government of the United States, if such person provides
athletic training 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 athletic training at an accredited or
approved educational program if such activities and services
constitute a part of a supervised course of study involving
daily personal or verbal contact at the site of supervision
between the athletic training student and the licensed athletic
trainer who plans, directs, advises, and evaluates the
student's athletic training clinical education. The
supervising licensed athletic trainer must be on-site where the
athletic training clinical education is being obtained. , and if
such person is A person meeting the criteria under this
paragraph (3) must be designated by a title which clearly
indicates his or her status as a student or trainee. ; or
    (4) (Blank). Any person fulfilling the supervised work
experience requirements of Section 9 of this Act, if such
activities and services constitute a part of the experience
necessary to meet the requirements of that Section; or
    (5) The practice of athletic training under the supervision
of a licensed athletic trainer by one who has applied in
writing to the Department for licensure and has complied with
all the provisions of Section 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 3
months. Anyone who has previously failed the examination, or
who fails the examination during this 3-month period, shall
immediately cease practice as an athletic trainer and shall not
engage in the practice of athletic training again until he or
she passes the examination. ; or
    (6) Any person in a coaching position from rendering
emergency care on an as needed basis to the athletes under his
or her supervision when a licensed athletic trainer is not
available. ; or
    (7) Any person who is an athletic trainer from another
nation, state, or territory acting as an athletic trainer while
performing his duties for his or her respective non-Illinois
based team or organization, so long as he or she restricts his
or her duties to his or her team or organization during the
course of his or her team's or organization's stay in this
State. For the purposes of this Act, a team shall be considered
based in Illinois if its home contests are held in Illinois,
regardless of the location of the team's administrative
offices.
    (8) The practice of athletic training by persons licensed
in another state who have applied in writing to the Department
for licensure by endorsement for no longer than 6 months or
until notification has been given that licensure has been
granted or denied, whichever period of time is lesser.
    (9) The practice of athletic training by one who has
applied in writing to the Department for licensure and has
complied with all the provisions of Section 9 for no longer
than 6 months or until notification has been given that
licensure has been granted or denied, whichever period of time
is lesser.
    (10) The practice of athletic training by persons actively
licensed as an athletic trainer in another state, or currently
certified by the National Athletic Trainers Association Board
of Certification, Inc., or its successor entity, at a special
athletic tournament or event conducted by a sanctioned amateur
athletic organization, including, but not limited to, the
Prairie State Games and the Special Olympics, for no more than
14 days. This shall not include contests or events that are
part of a scheduled series of regular season events.
    (11) Athletic trainer aides from performing patient care
activities under the on-site supervision of a licensed athletic
trainer. These patient care activities shall not include
interpretation of referrals or evaluation procedures, planning
or major modifications of patient programs, administration of
medication, or solo practice or event coverage without
immediate access to a licensed athletic trainer.
(Source: P.A. 89-216, eff. 1-1-96.)
 
    (225 ILCS 5/6)  (from Ch. 111, par. 7606)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 6. Athletic Training Board - Appointment - Membership -
Term - Duties. The Director shall appoint an Illinois Board
of Athletic Trainers as follows: 7 6 persons who shall be
appointed by and shall serve in an advisory capacity to the
Director. Two members must be licensed physicians; 4 3 members
must be licensed registered athletic trainers in good standing,
and actively engaged in the practice or teaching of athletic
training in this State; and 1 member must be a public member
who is not licensed registered under this Act, or a similar Act
of another jurisdiction, and is not a provider of athletic
health care service.
    Members shall serve 4 year terms and until their successors
are appointed and qualified except that of the initial
appointments, 1 member shall be appointed to serve for one
year, 2 shall be appointed to serve for 2 years, 2 shall be
appointed to serve for 3 years, and the remaining one, who
shall be the public member, shall be appointed to serve for 4
years, and until their successors are appointed and qualified.
No member shall be reappointed to the Board for more than 2
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 recommendation of the Board
on questions involving standards of professional conduct,
discipline, and qualifications of candidates and license
holders under this Act.
(Source: P.A. 91-827, eff. 6-13-00.)
 
    (225 ILCS 5/9)  (from Ch. 111, par. 7609)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 9. Educational and Professional Requirements. A
person having the qualifications prescribed in this Section
shall be qualified to receive a license as an athletic trainer
if he or she:
    (a) Has has graduated from a curriculum in athletic
training accredited approved by the Department. In approving a
curriculum in athletic training, the Department shall
consider, but not be bound by, accreditation by the Joint
Review Committee on Athletic Training (JRC-AT) of the
Commission Committee on Accreditation of Allied Health
Education Programs (CAAHEP), or its successor entity, or its
equivalent, as approved by the Department. ; or
    (b) Gives gives proof of current certification, on the date
of application, in CPR/AED for the Healthcare Professional or
its equivalent based on American Red Cross or American Heart
Association standards and graduation from a 4 year accredited
college or university. and has met the following minimum
athletic training curriculum requirements established by the
Board:
    Completion of the following specific course requirements:
        (1) Anatomy
        (2) Physiology
        (3) Physiology of Exercise
        (4) Applied Anatomy and Kinesiology
        (5) Psychology (2 courses)
        (6) First Aid and CPR or equivalent (American Red Cross
    standards)
        (7) Nutrition
        (8) Remedial Exercise or Therapeutic Exercise
        (9) Personal, Community, and School Health
        (10) Techniques of Athletic Training (fundamentals)
        (11) Advanced Techniques of Athletic Training
    (modalities, administration)
        (12) Clinical Experience (1500 hours) over a minimum of
    a 2 year academic period within a 5 year calendar period.
    (c) Has passed an examination approved by the Department to
determine his or her fitness for practice as an athletic
trainer, or is entitled to be licensed without examination as
provided in Sections 7 and 8 of this Act.
    The Department may request a personal interview of an
applicant before the Board committee to further evaluate his or
her qualifications for a license.
    An applicant has 3 years from the date of his or her
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. 89-216, eff. 1-1-96.)
 
    (225 ILCS 5/10)  (from Ch. 111, par. 7610)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 10. License expiration; renewal; continuing education
requirement. The expiration date of licenses issued under this
Act shall be set by rule. Licenses shall be renewed according
to procedures established by the Department and upon payment of
the renewal fee established herein and notarized proof of
completion 40 contact hours of approved continuing education
relating to the performance and practice of athletic training.
The number of hours required and their composition shall be set
by rule.
(Source: P.A. 89-216, eff. 1-1-96; 89-626, eff. 8-9-96.)
 
    (225 ILCS 5/13)  (from Ch. 111, par. 7613)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 13. Endorsement. The Department may, at its
discretion, license as an athletic trainer, without
examination, on payment of the fee, an applicant for licensure
who is an athletic trainer registered or licensed under the
laws of another state if the requirements pertaining to
athletic trainers in such state were at the date of his or her
registration or licensure substantially equal to the
requirements in force in Illinois on that date. If the
requirements of that state are not substantially equal to the
Illinois requirements, or if at the time of application the
state in which the applicant has been practicing does not
regulate the practice of athletic training, and the applicant
began practice in that state prior to January 1, 2004, a person
having the qualifications prescribed in this Section may be
qualified to receive a license as an athletic trainer if he or
she:
        (1) has passed an examination approved by the
    Department to determine his or her fitness for practice as
    an athletic trainer; and
        (2) gives proof of current certification, on the date
    of application, in CPR/AED for the Healthcare Professional
    or equivalent based on American Red Cross or American Heart
    Association standards.
    The Department may request a personal interview of an
applicant before the Board to further evaluate his or her
qualifications for a license.
    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. 89-216, eff. 1-1-96.)
 
    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 16. Refusal to issue, suspension, or revocation of
license. 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 $5,000 $1,000 for each violation,
with regard to any licensee for any one or combination of the
following:
    (A) Material misstatement in furnishing information to the
Department;
    (B) Negligent or intentional disregard of this Act, or of
the rules or regulations promulgated hereunder;
    (C) Conviction of any crime under the laws of the United
States or any state or territory thereof that is (i) a felony,
(ii) or a misdemeanor, and an essential element of which is
dishonesty, or (iii) of any crime that is directly related to
the practice of the profession;
    (D) Making any misrepresentation for the purpose of
obtaining registration, or violating any provision of this Act;
    (E) Professional incompetence;
    (F) Malpractice;
    (G) Aiding or assisting another person in violating any
provision of this Act or rules;
    (H) Failing, within 60 days, to provide information in
response to a written request made by the Department;
    (I) Engaging in dishonorable, unethical, or unprofessional
conduct of a character likely to deceive, defraud or harm the
public;
    (J) Habitual intoxication or addiction to the use of drugs;
    (K) Discipline by another state, District of Columbia,
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;
    (L) 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 any
professional services not actually or personally rendered;
    (M) A finding that the licensee after having his or her
license placed on probationary status has violated the terms of
probation;
    (N) Abandonment of an athlete;
    (O) Willfully making or filing false records or reports in
his or her practice, including but not limited to false records
filed with State agencies or departments;
    (P) Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and Neglected
Child Reporting Act;
    (Q) Physical illness, including but not limited to
deterioration through the aging process, or loss of motor skill
that results in the inability to practice the profession with
reasonable judgment, skill, or safety;
    (R) Solicitation of professional services other than by
permitted institutional policy;
    (S) The use of any words, abbreviations, figures or letters
with the intention of indicating practice as an athletic
trainer without a valid license as an athletic trainer under
this Act;
    (T) The evaluation or treatment of ailments of human beings
other than by the practice of athletic training as defined in
this Act or the The treatment of injuries of athletes by a
licensed athletic trainer except by the referral of a
physician, podiatrist, or dentist;
    (U) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the use of
habit-forming drugs;
    (V) Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice of
abortion;
    (W) Continued practice by a person knowingly having an
infectious communicable or contagious disease;
    (X) Being named as a perpetrator in an indicated report by
the Department of Children and Family Services pursuant to the
Abused and Neglected Child Reporting Act and upon proof by
clear and convincing evidence that the licensee has caused a
child to be an abused child or neglected child as defined in
the Abused and Neglected Child Reporting Act;
    (Y) 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; or
    (Z) Failure to fulfill continuing education requirements
as prescribed in Section 10 of this Act.
    The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. Such suspension will
end only upon a finding by a court that the athletic trainer is
no longer subject to involuntary admission or judicial
admission and issues an order so finding and discharging the
athlete; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his or her
practice.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (225 ILCS 5/17.5)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 17.5. Unlicensed Unregistered practice; violation;
civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a licensed
registered athletic trainer without being licensed registered
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 5/34)  (from Ch. 111, par. 7634)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 34. Persons currently practicing. Any person
currently holding an active Illinois license as an athletic
trainer on the effective date of this amendatory Act of the
94th General Assembly shall be considered licensed under this
Act. Any person actively engaged as an athletic trainer on the
effective date of this Act will be considered licensed under
this Act if he or she submits an application, pays the license
fee required by this Act and upon evaluation of his or her
qualifications by the Department is found to have a level of
competence equal to that of one possessing the educational
qualifications set forth in Section 9 of this Act. In its
evaluation, the Department shall accept the applicant's having
certification by the National Athletic Trainers Association as
being the required level of competence. For applicants not
having such certification, the Department shall, with the
advice of the Board, establish rules for examination and
evaluation which shall take into account the applicant's
education, training, and experience qualifications.
    For the purpose of this Section a person is actively
engaged as an athletic trainer if he or she is employed on a
salary basis by an educational institution, health care
organization, professional athletic organization, or
sanctioned amateur athletic organization for the duration of
the institution's school year, or the length of the athletic
organization's season, and performs the duties of athletic
trainer as a major responsibility of his or her employment.
    Applications for a license under this Section must be made
within 180 days from the effective date of this Act.
(Source: P.A. 89-216, eff. 1-1-96.)
 
    (225 ILCS 5/34.1 new)
    Sec. 34.1. Partial invalidity. If any portion of this Act
is held invalid, such invalidity shall not affect any other
part of this Act, which can be given effect without the invalid
portion.

Effective Date: 1/1/2006