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Public Act 91-0590
SB658 Enrolled LRB9103047ACtm
AN ACT to create the Orthotics, Prosthetics, and
Pedorthics Practice Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Orthotics, Prosthetics, and Pedorthics Practice Act.
Section 5. Declaration of public policy. The practice
of orthotics and prosthetics in the State of Illinois is an
allied health profession recognized by the American Medical
Association, with educational standards established by the
Commission on Accreditation of Allied Health Education
Programs. The practice of pedorthics in the State of
Illinois is an allied health profession recognized by the
American Academy of Orthopaedic Surgeons, with educational
standards established by the Board for Certification in
Pedorthics. The increasing population of elderly and
physically challenged individuals who need orthotic,
prosthetic, and pedorthic services requires that the
orthotic, prosthetic, and pedorthic professions be regulated
to ensure the provision of high-quality services and devices.
The people of Illinois deserve the best care available, and
will benefit from the assurance of initial and ongoing
professional competence of the orthotists, prosthetists, and
pedorthists practicing in this State. The practice of
orthotics, prosthetics, and pedorthics serves to improve and
enhance the lives of individuals with disabilities by
enabling them to resume productive lives following serious
illness, injury, or trauma. Unregulated dispensing of
orthotic, prosthetic, and pedorthic care does not adequately
meet the needs or serve the interests of the public. In
keeping with State requirements imposed on similar health
disciplines, licensure of the orthotic, prosthetic, and
pedorthic professions will help ensure the health and safety
of consumers, as well as maximize their functional abilities
and productivity levels. This Act shall be liberally
construed to best carry out these subjects and purposes.
Section 10. Definitions. As used in this Act:
"Assistant" means a person who assists an orthotist,
prosthetist, or prosthetist/orthotist with patient care
services and fabrication of orthoses or prostheses under the
supervision of a licensed orthotist or prosthetist.
"Board" means the Board of Orthotics, Prosthetics, and
"Custom" means that an orthosis, prosthesis, or pedorthic
device is designed, fabricated, and aligned specifically for
one person in accordance with sound biomechanical principles.
"Custom fitted" means that a prefabricated orthosis,
prosthesis, or pedorthic device is modified and aligned
specifically for one person in accordance with sound
"Department" means the Department of Professional
"Director" means the Director of Professional Regulation.
"Facility" means the business location where orthotic,
prosthetic, or pedorthic care is provided and, in the case of
an orthotic/prosthetic facility, has the appropriate clinical
and laboratory space and equipment to provide comprehensive
orthotic or prosthetic care and, in the case of a pedorthic
facility, has the appropriate clinical space and equipment to
provide pedorthic care. Licensed orthotists, prosthetists,
and pedorthists must be available to either provide care or
supervise the provision of care by registered staff.
"Licensed orthotist" means a person licensed under this
Act to practice orthotics and who represents himself or
herself to the public by title or description of services
that includes the term "orthotic", "orthotist", "brace", or a
similar title or description of services.
"Licensed pedorthist" means a person licensed under this
Act to practice pedorthics and who represents himself or
herself to the public by the title or description of services
that include the term "pedorthic", "pedorthist", or a similar
title or description of services.
"Licensed physician" means a person licensed under the
Medical Practice Act of 1987.
"Licensed podiatrist" means a person licensed under the
Podiatric Medical Practice Act of 1987.
"Licensed prosthetist" means a person licensed under this
Act to practice prosthetics and who represents himself or
herself to the public by title or description of services
that includes the term "prosthetic", "prosthetist",
"artificial limb", or a similar title or description of
"Orthosis" means a custom-fabricated or custom-fitted
brace or support designed to provide for alignment,
correction, or prevention of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity. "Orthosis" does
not include fabric or elastic supports, corsets, arch
supports, low-temperature plastic splints, trusses, elastic
hoses, canes, crutches, soft cervical collars, dental
appliances, or other similar devices carried in stock and
sold as "over-the-counter" items by a drug store, department
store, corset shop, or surgical supply facility.
"Orthotic and Prosthetic Education Program" means a
course of instruction accredited by the Commission on
Accreditation of Allied Health Education Programs, consisting
of (i) a basic curriculum of college level instruction in
math, physics, biology, chemistry, and psychology and (ii) a
specific curriculum in orthotic or prosthetic courses,
including: (A) lectures covering pertinent anatomy,
biomechanics, pathomechanics, prosthetic-orthotic components
and materials, training and functional capabilities,
prosthetic or orthotic performance evaluation, prescription
considerations, etiology of amputations and disease processes
necessitating prosthetic or orthotic use, and medical
management; (B) subject matter related to pediatric and
geriatric problems; (C) instruction in acute care
techniques, such as immediate and early post-surgical
prosthetics and fracture bracing techniques; and (D)
lectures, demonstrations, and laboratory experiences related
to the entire process of measuring, casting, fitting,
fabricating, aligning, and completing prostheses or orthoses.
"Orthotic and prosthetic scope of practice" means a list
of tasks, with relative weight given to such factors as
importance, criticality, and frequency, based on
internationally accepted standards of orthotic and prosthetic
care as outlined by the International Society of Prosthetics
and Orthotics' professional profile for Category I and
Category III orthotic and prosthetic personnel.
"Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing an orthosis under an order from a
licensed physician or podiatrist for the correction or
alleviation of neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity.
"Orthotist" means a person who measures, designs,
fabricates, fits, or services orthoses and assists in the
formulation of the order of orthoses as ordered by a licensed
physician for the support or correction of disabilities
caused by neuro-musculoskeletal diseases, injuries, or
"Over-the-counter" means a prefabricated, mass-produced
device that is prepackaged and requires no professional
advice or judgement in either size selection or use,
including fabric or elastic supports, corsets, generic arch
supports, elastic hoses.
"Pedorthic device" means therapeutic footwear, foot
orthoses for use at the ankle or below, and modified footwear
made for therapeutic purposes. "Pedorthic device" does not
include non-therapeutic accommodative inlays or
non-therapeutic accommodative footwear, regardless of method
of manufacture, shoe modifications made for non-therapeutic
purposes, unmodified, over-the-counter shoes, or
prefabricated foot care products.
"Pedorthic education program" means a course of
instruction accredited by the Board for Certification in
Pedorthics consisting of (i) a basic curriculum of
instruction in foot-related pathology of diseases, anatomy,
and biomechanics and (ii) a specific curriculum in pedorthic
courses, including lectures covering shoes, foot orthoses,
and shoe modifications, pedorthic components and materials,
training and functional capabilities, pedorthic performance
evaluation, prescription considerations, etiology of disease
processes necessitating use of pedorthic devices, medical
management, subject matter related to pediatric and geriatric
problems, and lectures, demonstrations, and laboratory
experiences related to the entire process of measuring and
casting, fitting, fabricating, aligning, and completing
"Pedorthic scope of practice" means a list of tasks with
relative weight given to such factors as importance,
criticality, and frequency based on nationally accepted
standards of pedorthic care as outlined by the Board for
Certification in Pedorthics' comprehensive analysis with an
empirical validation study of the profession performed by an
independent testing company.
"Pedorthics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, adjusting, or servicing a pedorthic device under an
order from a licensed physician or podiatrist for the
correction or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity.
"Pedorthist" means a person who measures, designs,
fabricates, fits, or services pedorthic devices and assists
in the formulation of the order of pedorthic devices as
ordered by a licensed physician for the support or correction
of disabilities caused by neuro-musculoskeletal diseases,
injuries, or deformities.
"Person" means a natural person.
"Prosthesis" means an artificial medical device that is
not surgically implanted and that is used to replace a
missing limb, appendage, or any other external human body
part including an artificial limb, hand, or foot.
"Prosthesis" does not include artificial eyes, ears, fingers,
or toes, dental appliances, cosmetic devices such as
artificial breasts, eyelashes, or wigs, or other devices that
do not have a significant impact on the musculoskeletal
functions of the body.
"Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, adjusting, or servicing a prosthesis under an order
from a licensed physician.
"Prosthetist" means a person who measures, designs,
fabricates, fits, or services prostheses and assists in the
formulation of the order of prostheses as ordered by a
licensed physician for the replacement of external parts of
the human body lost due to amputation or congenital
deformities or absences.
"Prosthetist/orthotist" means a person who practices both
disciplines of prosthetics and orthotics and who represents
himself or herself to the public by title or by description
"Resident" means a person who has completed an education
program in either orthotics or prosthetics and is continuing
his or her clinical education in a residency accredited by
the National Commission on Orthotic and Prosthetic Education.
"Technician" means a person who assists an orthotist,
prosthetist, prosthetist/orthotist, or pedorthist with
fabrication of orthoses, prostheses, or pedorthic devices but
does not provide direct patient care.
Section 15. Exceptions. This Act shall not be construed
(1) a physician licensed in this State from engaging in
the practice for which he or she is licensed;
(2) a person licensed in this State under any other Act
from engaging in the practice for which he or she is
(3) the practice of orthotics, prosthetics, or
pedorthics by a person who is employed by the federal
government or any bureau, division, or agency of the federal
government while in the discharge of the employee's official
(4) the practice of orthotics, prosthetics, or
pedorthics by (i) a student enrolled in a school of
orthotics, prosthetics, or pedorthics, (ii) a resident
continuing his or her clinical education in a residency
accredited by the National Commission on Orthotic and
Prosthetic Education, or (iii) a student in a qualified work
experience program or internship in pedorthics;
(5) the practice of orthotics, prosthetics, or
pedorthics by one who is an orthotist, prosthetist, or
pedorthist licensed under the laws of another state or
territory of the United States or another country and has
applied in writing to the Department, in a form and substance
satisfactory to the Department, for a license as orthotist,
prosthetist, or pedorthist and who is qualified to receive
the license under Section 40 until (i) the expiration of 6
months after the filing of the written application, (ii) the
withdrawal of the application, or (iii) the denial of the
application by the Department;
(6) a person licensed by this State as a physical
therapist or occupational therapist from engaging in his or
her profession; or
(7) a physician licensed under the Podiatric Medical
Practice Act of 1997 from engaging in his or her profession.
Section 20. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for
the administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes of
(b) The Department may adopt rules to administer and
enforce this Act including, but not limited to, fees for
original licensure and renewal and restoration of licenses
and may prescribe forms to be issued to implement its rules.
The Department shall exercise the powers and duties
prescribed by this Act. At a minimum, the rules adopted by
the Department shall include standards and criteria for
licensure and for professional conduct and discipline. The
Department shall consult with the Board in adopting rules.
Notice of proposed rulemaking shall be transmitted to the
Board, and the Department shall review the Board's response
and any recommendations made in writing with proper
explanation of deviations from the Board's recommendations
(c) The Department at any time may seek the expert
advice and knowledge of the Board on any matter relating to
the enforcement of this Act.
(d) Department may adopt rules as necessary to establish
eligibility for facility registration and standards.
Section 25. Board of Orthotics, Prosthetics, and
(a) There is established a Board of Orthotics,
Prosthetics, and Pedorthics, which shall consist of 6 voting
members to be appointed by the Director. Three members shall
be practicing licensed orthotists, licensed prosthetists, or
licensed pedorthists. These members may be licensed in more
than one discipline and their appointments must equally
represent all 3 disciplines. One member shall be a member of
the public who is a consumer of orthotic, prosthetic, or
pedorthic professional services. One member shall be a
public member who is not licensed under this Act or a
consumer of services licensed under this Act. One member
shall be a licensed physician.
(b) Each member of the Board shall serve a term of 3
years, except that of the initial appointments to the Board,
2 members shall be appointed for one year, 2 members shall be
appointed for 2 years, and 2 members shall be appointed for 3
years. Each member shall hold office and execute his or her
Board responsibilities until the qualification and
appointment of his or her successor. No member of the Board
shall serve more than 8 consecutive years or 2 full terms,
whichever is greater.
(c) Members of the Board shall receive as compensation a
reasonable sum as determined by the Director for each day
actually engaged in the duties of the office and shall be
reimbursed for reasonable expenses incurred in performing the
duties of the office.
(d) A quorum of the Board shall consist of a majority of
Board members currently appointed.
(e) The Director may terminate the appointment of any
member for cause which, in the opinion of the Director
reasonably justifies termination, which may include, but is
not limited to, a Board member who does not attend 2
(f) Membership of the Board should reasonably reflect
representation from the geographic areas in this State.
Section 30. Board; immunity; chairperson.
(a) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceeding or other
activities performed in good faith as members of the Board.
(b) The Board shall annually elect a chairperson and
vice chairperson who shall be licensed under this Act.
Section 35. Application for original license. An
application for an original license shall be made to the
Department in writing on a form prescribed by the Department
and shall be accompanied by the required fee, which shall not
be refundable. An application shall require information that
in the judgement of the Department will enable the Department
to pass on the qualifications of the applicant for a license.
Section 40. Qualifications for licensure as orthotist,
prosthetist, or pedorthist.
(a) To qualify for a license to practice orthotics or
prosthetics, a person shall:
(1) possess a baccalaureate degree from a college
(2) have completed the amount of formal training,
including, but not limited to, any hours of classroom
education and clinical practice established and approved
by the Department;
(3) complete a clinical residency in the
professional area for which a license is sought in
accordance with standards, guidelines, or procedures for
residencies inside or outside this State established and
approved by the Department. The majority of training must
be devoted to services performed under the supervision of
a licensed practitioner of orthotics or prosthetics or a
person certified as a Certified Orthotist (CO), Certified
Prosthetist (CP), or Certified Prosthetist Orthotist
(CPO) whose certification was obtained before the
effective date of this Act;
(4) pass all written, practical, and oral
examinations that are required and approved by the
(5) be qualified to practice in accordance with
internationally accepted standards of orthotic and
(b) To qualify for a license to practice pedorthics, a
(1) possess a high school diploma or its
(2) have completed the amount of formal training,
including, but not limited to, any hours of classroom
education and clinical practice established and approved
by the Department;
(3) complete a qualified work experience program or
internship in pedorthics in accordance with any
standards, guidelines, or procedures established and
approved by the Department;
(4) pass all examinations that are required and
approved by the Department; and
(5) be qualified to practice in accordance with
nationally accepted standards of pedorthic care.
(c) The standards and requirements for licensure
established by the Department shall be substantially equal to
or in excess of standards commonly accepted in the profession
of orthotics, prosthetics, or pedorthics. The Department
shall adopt rules as necessary to set the standards and
(d) A person may be licensed in more than one
Section 45. Examination requirement.
(a) The Department may authorize examinations of
applicants as orthotists, prosthetists, or pedorthists at
times and places as it may determine. The examination of
applicants shall be of a character to fairly test the
qualifications of the applicant to practice orthotics,
prosthetics, or pedorthics.
(b) Applicants for examination as orthotists,
prosthetists, and pedorthists shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination. Failure
to appear for the examination on the scheduled date at the
time and place specified after the applicant's application
for examination has been received and acknowledged by the
Department or the designated testing service shall result in
the forfeiture of the examination fee.
(c) If an applicant neglects, fails, or refuses to take
an examination or fails to pass an examination for a license
under this Act within 3 years after filing his or her
application, the application shall be denied. All fees are
nonrefundable. The applicant may make a new application for
examination accompanied by the required fee and must furnish
proof of meeting qualifications for licensure in effect at
the time of new application.
(d) The Department shall set by rule the maximum number
of attempts that an applicant may make to pass the
examination within a specified period of time. The
Department shall also determine any further training required
before a reexamination.
(e) The Department may employ consultants for the
purpose of preparing and conducting examinations. An
applicant for an examination as an orthotist, a prosthetist,
or pedorthist shall be required to pay, either to the
Department or to the designated testing service, a fee
covering the cost of providing the examination.
Section 50. Assistants; technicians.
(a) No person shall work as an assistant to an
orthotist, prosthetist, or prosthetist/orthotist and provide
patient care services or fabrication of orthoses or
prostheses, unless he or she is doing the work under the
supervision of a licensed orthotist or prosthetist.
(b) No person shall work as a technician, as defined in
this Act, unless the work is performed under the supervision
of a person licensed under this Act.
Section 55. Transition period.
(a) Until January 1, 2002, a person certified as a
Certified Orthotist (CO), Certified Prosthetist (CP), or
Certified Prosthetist Orthotist (CPO) by the American Board
for Certification in Prosthetics and Orthotics, Incorporated,
or holding similar certifications from other accrediting
bodies with equivalent educational requirements and
examination standards may apply for and shall be granted
orthotic or prosthetic licensure under this Act upon payment
of the required fee. After that date, any applicant for
licensure as an orthotist or a prosthetist shall meet the
requirements of subsection (a) of Section 40 of this Act.
(b) Until January 1, 2002, a person certified as a
Certified Pedorthist (CPed) by the Board for Certification in
Pedorthics, Incorporated, or a person certified as a
Certified Orthotist (CO) or Certified Prosthetist Orthotist
(CPO) by the American Board for Certification in Prosthetics
and Orthotics, Incorporated, or holding similar
certifications from other accrediting bodies with equivalent
educational requirements and examination standards may apply
for and shall be granted pedorthic licensure under this Act
upon payment of the required fee. After that date, any
applicant for licensure as a pedorthist shall meet the
requirements of subsection (b) of Section 40 of this Act.
(c) On and after January 1, 2002, no person shall
practice orthotics, prosthetics, or pedorthics in this State
or hold himself or herself out as being able to practice
either profession, unless he or she is licensed in accordance
with Section 40 of this Act.
(d) Notwithstanding any other provision of this Section,
a person who has practiced full-time for the past 7 years in
a prosthetic/orthotic facility as an orthotist, prosthetist,
prosthetist/orthotist, assistant, or technician or in a
pedorthic facility as a pedorthist or pedorthic technician on
the effective date of this Act may file an application with
the Board within 60 days after the enforcement of this
Section begins pursuant to Section 56 of this Act in order to
continue to practice orthotics, prosthetics, or pedorthics at
his or her identified level of practice. The applicant
shall be issued a license or certificate of registration to
practice orthotics, prosthetics, or pedorthics under the
provisions of this Act without examination upon receipt by
the Department of payment of the licensing or registration
fee required under Section 70 of this Act and after the Board
has completed an investigation of the applicant's work
history. The Board shall complete its investigation for the
purposes of this Section within 6 months of the date of the
application. The investigation may include, but is not
limited to, completion by the applicant of a questionnaire
regarding the applicant's work history and scope of practice.
Section 56. Enforcement. The licensure requirements of
Sections 40, 50, and 55 shall not be enforced until 12 months
after the adoption of final administrative rules for this
Section 57. Limitation on provision of care and
services. A licensed orthotist or pedorthist may provide
care or services only if the care or services are provided
pursuant to an order from a licensed physician or podiatrist.
A licensed prosthetist may provide care or services only if
the care or services are provided pursuant to an order from a
Section 60. Renewal; restoration; military service.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule of the
Department. The Board shall establish continuing education
requirements for the renewal of a license. These
requirements shall be based on established standards of
(b) A person who has permitted his or her license to
expire or who has had his or her license on inactive status
may have his or her license restored by (i) making
application to the Department, (ii) filing proof acceptable
to the Department of his or her fitness to have his or her
license restored including, but not limited to, sworn
evidence certifying to active practice in another
jurisdiction satisfactory to the Department, and (iii) paying
the required restoration fee. If the person has not
maintained an active practice in another jurisdiction
satisfactory to the Department, the Board shall determine, by
an evaluation program established by rule, his or her fitness
to resume active status and may require the person to
complete a period of evaluated clinical experience and may
require successful completion of an examination.
(c) A person whose license expired while he or she was
(i) in federal service on active duty within the armed forces
of the United States or with the State militia called into
service or training or (ii) in training or education under
the supervision of the United States preliminary to induction
into military service may have his or her license renewed or
restored without paying a lapsed renewal fee if, within 2
years after termination from the service, training, or
education except under conditions other than honorable, he or
she furnished the Department with satisfactory evidence that
he or she has been so engaged and that his or her service,
training, or education has been terminated.
Section 65. Elective inactive status. A person who
notifies the Department in writing on forms prescribed by the
Department may elect to place his or her license on an
inactive status and shall, subject to rules of the
Department, be excused from payment of renewal fees until he
or she notifies the Department in writing of his or her
desire to resume active status.
A person requesting restoration from inactive status
shall be required to pay the current renewal fee and shall be
required to restore his or her license as provided in Section
60 of this Act.
An orthotist, prosthetist, or pedorthist whose license is
on inactive status shall not practice orthotics, prosthetics,
or pedorthics in this State.
Section 70. Endorsement. The Department may, at its
discretion, license as either an orthotist, prosthetist, or
pedorthist, without examination and on payment of the
required fee, an applicant who is an orthotist, prosthetist,
or pedorthist who is (i) licensed under the laws of another
state, territory, or country, if the requirements for
licensure in that state, territory, or country in which the
applicant was licensed were, at the date of his or her
licensure, substantially equal to the requirements in force
in this State on that date or (ii) certified by a national
certification organization with educational and testing
standards equal to or more stringent than the licensing
requirements of this State.
Section 75. Fees.
(a) The Department shall provide by rule for a schedule
of fees to be paid for licenses by all applicants. All fees
are not refundable.
(b) The fees for the administration and enforcement of
this Act including, but not limited to, original licensure,
renewal, and restoration shall be set by rule by the
(c) All fees and fines collected under this Act shall be
deposited into the General Professions Dedicated Fund.
Section 80. Roster of licensees and registrants. The
Department shall maintain a current roster of the names and
addresses of all licensees, registrants, and all persons
whose licenses have been suspended or revoked within the
previous year. This roster shall be available upon written
request and payment of the required fee.
Section 85. Practice by corporations. Nothing in this
Act shall restrict licensees from forming professional
service corporations under the provisions of the Professional
Service Corporation Act.
Section 90. Grounds for discipline.
(a) The Department may refuse to issue or renew a
license, may revoke or suspend a license, or may suspend,
place on probation, censure, or reprimand a licensee for one
or any combination of the following:
(1) Making a material misstatement in furnishing
information to the Department or the Board.
(2) Violations of or negligent or intentional
disregard of this Act or its rules.
(3) Conviction of any crime that under the laws of
the United States or of a state or territory of the
United States is a felony or a misdemeanor, an essential
element of which is dishonesty, or of a crime that is
directly related to the practice of the profession.
(4) Making a misrepresentation for the purpose of
obtaining a license.
(5) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
(6) Gross negligence under this Act.
(7) Aiding or assisting another person in violating
a provision of this Act or its rules.
(8) Failing to provide information within 60 days
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct or conduct of a character likely
to deceive, defraud, or harm the public.
(10) Habitual intoxication or addiction to the use
(11) Discipline by another state or territory of
the United States, the federal government, or foreign
nation, if at least one of the grounds for the discipline
is the same or substantially equivalent to one set forth
in this Section.
(12) Directly or indirectly giving to or receiving
from a person, firm, corporation, partnership, or
association a fee, commission, rebate, or other form of
compensation for professional services not actually or
(13) A finding by the Board that the licensee or
registrant, after having his or her license placed on
probationary status, has violated the terms of probation.
(14) Abandonment of a patient or client.
(15) Wilfully making or filing false records or
reports in his or her practice including, but not limited
to, false records filed with State agencies or
(16) Wilfully failing to report an instance of
suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
(17) 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 judgement, skill, or safety.
(18) Solicitation of professional services using
false or misleading advertising.
(b) The determination by a circuit court that a licensee
or registrant is subject to involuntary admission or judicial
admission, as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. The
suspension will end only upon (i) a finding by a court that
the patient is no longer subject to involuntary admission or
judicial admission and the issuance of a court order so
finding and discharging the patient and (ii) the
recommendation of the Board to the Director that the licensee
or registrant be allowed to resume his or her practice.
(c) In enforcing this Section, the Department or Board
upon a showing of a possible violation may compel an
individual licensed to practice under this Act, or who has
applied for licensure under this Act, to submit to a mental
or physical examination, or both, as required by and at the
expense of the Department. The Department or Board may order
the examining physician to present testimony concerning the
mental or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common law
or statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination,
when directed, shall be grounds for suspension of his or her
license until the individual submits to the examination if
the Department finds, after notice and hearing, that the
refusal to submit to the examination was without reasonable
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section,
the Department or Board may require that individual to submit
to care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling, or
treatment, the Department may file, or the Board may
recommend to the Department to file, a complaint to
immediately suspend, revoke, or otherwise discipline the
license of the individual. An individual whose license was
granted, continued, reinstated, renewed, disciplined or
supervised subject to such terms, conditions, or
restrictions, and who fails to comply with such terms,
conditions, or restrictions, shall be referred to the
Director for a determination as to whether the individual
shall have his or her license suspended immediately, pending
a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
Section 95. Injunction; cease and desist order.
(a) If any person violates a provision of this Act, the
Director may, in the name of the People of the State of
Illinois and through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties
provided by this Act.
(b) If a person practices as an orthotist, prosthetist,
or pedorthist or holds himself or herself out as an
orthotist, prosthetist, or pedorthist without being licensed
or registered under the provisions of this Act, then any
other licensed or registered orthotist, prosthetist, or
pedorthist, any interested party, or any person injured by
the person may, in addition to the Director, petition for
relief as provided in subsection (a) of this Section.
(c) Whenever in the opinion of the Department a person
violates a provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should
not be entered against him or her. The rule shall clearly
set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
Section 100. Investigations; notice and hearing. The
Department may investigate the actions of an applicant or of
a person or persons holding or claiming to hold a license.
Before refusing to issue or renew a license, the Department
shall, at least 10 days prior to the date set for the
hearing, notify in writing the applicant for or holder of a
license of the nature of the charges and that a hearing will
be held on the date designated. The written notice may be
served by personal delivery or by certified or registered
mail to the respondent at the address disclosed on his or her
last notification to the Department. At the time and place
fixed in the notice, the Board shall proceed to hear the
charges. The parties or their counsel shall be afforded
ample opportunity to present statements, testimony, evidence,
and argument that may be pertinent to the charges or to the
defense to the charges. The Board may continue the hearing
from time to time.
Section 105. Transcript. The Department, at its own
expense, shall preserve a record of all proceedings at the
formal hearing of a case involving the refusal to issue or
renew a license. The notice of hearing, complaint, and all
other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of
testimony, the report of the Board, and orders of the
Department shall be in the record of the proceeding.
Section 110. Compelling testimony. A circuit court may,
upon application of the Director or his or her designee or
the applicant or licensee against whom proceedings under
Section 100 of this Act are pending, enter an order requiring
the attendance of witnesses and their testimony and requiring
the production of documents, papers, files, books, and
records in connection with a hearing or investigation. The
court may compel obedience to its order through contempt
Section 115. Board findings and recommendations. At the
conclusion of a hearing, the Board shall present to the
Director a written report of its findings and
recommendations. The report shall contain a finding of
whether or not the accused person violated this Act or failed
to comply with the conditions required in this Act. The
Board shall specify the nature of the violation or failure to
comply and shall make its recommendations to the Director.
The report of findings and recommendations of the Board shall
be the basis for the Department's order for the refusal or
for the granting of a license, unless the Director determines
that the Board report is contrary to the manifest weight of
the evidence, in which case the Director may issue an order
in contravention to the Board report. A Board finding is not
admissible in evidence against the person in a criminal
prosecution brought for a violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for a violation of this Act.
Section 120. Motion for rehearing. In any case
involving the refusal to issue or renew a license or the
discipline of a licensee, a copy of the Board's report shall
be served upon the respondent by the Department, either
personally or as provided in this Act for the service of the
notice of hearing. Within 20 days after service, the
respondent may present to the Department a motion in writing
for a rehearing, which shall specify the particular grounds
for rehearing. If no motion for rehearing is filed, then
upon the expiration of the time specified for filing the
motion, or if a motion for rehearing is denied, upon the
denial, the Director may enter an order in accordance with
recommendations of the Board, except as provided in Section
115 of this Act. If the respondent orders from the reporting
service and pays for a transcript of the record within the
time for filing a motion for rehearing, the 20-day period
within which the motion may be filed shall commence upon the
delivery of the transcript to the respondent.
Section 125. Rehearing on order of Director. Whenever
the Director is not satisfied that substantial justice has
been done in the revocation, suspension, or refusal to issue
or renew a license the Director may order a rehearing by the
same or other examiners.
Section 130. Appointment of hearing officer. The
Director shall have the authority to appoint an attorney
licensed to practice law in the State of Illinois to serve as
a hearing officer in an action for refusal to issue or renew
a license or to discipline a licensee. The hearing officer
shall have full authority to conduct the hearing. The
hearing officer shall report his or her findings and
recommendations to the Board and the Director. The Board
shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of
fact, conclusions of law, and recommendations to the
Director. If the Board fails to present its report within
the 60-day period, the Director shall issue an order based on
the report of the hearing officer. If the Director
determines that the Board's report is contrary to the
manifest weight of the evidence, he or she may issue an order
in contravention of the Board's report.
Section 135. Order or certified copy. An order or a
certified copy of an order, over the seal of the Department
and purporting to be signed by the Director, shall be prima
(1) that the signature is the genuine signature of the
(2) that the Director is duly appointed and qualified;
(3) that the Board and its members are qualified to act.
Section 140. Restoration of suspended or revoked
license. At any time after the suspension or revocation of
any license, the Department may restore the license to the
accused person upon the written recommendation of the Board
unless, after an investigation and a hearing, the Board
determines that restoration is not in the public interest.
Section 145. Surrender of license. Upon the revocation
or suspension of a license, the licensee shall immediately
surrender the license to the Department, and if the licensee
fails to do so, the Department shall have the right to seize
Section 150. Temporary suspension of a license. The
Director may temporarily suspend the license of an orthotist,
prosthetist, or pedorthist without a hearing simultaneously
with the institution of proceedings for a hearing provided
for in Section 95 of this Act if the Director finds that
evidence in his or her possession indicates that a licensee's
continuation in practice would constitute an imminent danger
to the public. If the Director temporarily suspends a
license without a hearing, a hearing by the Board must be
held within 30 days after the suspension.
Section 155. Administrative Review Law; venue. All
final administrative decisions of the Department are subject
to judicial review pursuant to the provisions of the
Administrative Review Law and its rules. The term
"administrative decision" has the same meaning as in Section
3-101 of the Administrative Review Law. Proceedings for
judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides,
but if the party is not a resident of this State, the venue
shall be in Sangamon County.
Section 160. Certifications of record; costs. The
Department shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any
court in a judicial review proceeding unless there is filed
in the court with the complaint a receipt from the Department
acknowledging payment of the costs of furnishing and
certifying the record, which shall be computed at the rate of
20 cents per page of the record. Failure on the part of a
plaintiff to file a receipt in court shall be grounds for
dismissal of the action.
Section 165. Penalties. A person who is found to have
violated a provision of this Act is guilty of a Class A
misdemeanor for a first offense and is guilty of a Class 4
felony for a second or subsequent offense.
Section 170. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at
hearings the licensee has the right to show compliance with
all lawful requirements for retention, continuation, or
renewal of the license, is specifically excluded and for
purposes of this Act. The notice required under Section
10-25 of the Illinois Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
Section 175. Home rule preemption. It is declared to be
the public policy of this State, pursuant to paragraph (h) of
Section 6 of Article VII of the Illinois Constitution of
1970, that a power or function set forth in this Act to be
exercised by the State is an exclusive State power or
function. No power or function granted under this Act shall
be exercised concurrently, either directly or indirectly, by
a unit of local government, including home rule units, except
as otherwise provided in this Act.
Section 250. The Regulatory Sunset Act is amended by
adding Section 4.20 as follows:
(5 ILCS 80/4.20 new)
Sec. 4.20. Act repealed on January 1, 2010. The following
Act is repealed on January 1, 2010:
The Illinois Orthotics, Prosthetics, and Pedorthics
Section 999. Effective date. This Act takes effect
January 1, 2000.
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