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91st General Assembly
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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
Pedorthics.
    "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
biomechanical principles.
    "Department"   means   the   Department  of  Professional
Regulation.
    "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
services.
    "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
deformities.
    "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 devices.
    "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
of services.
    "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
to prohibit:
    (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
licensed;
    (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
duties;
    (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
this Act.
    (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
and response.
    (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
Pedorthics.
    (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
consecutive meetings.
    (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
    or university;
         (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
    Department; and
         (5)  be qualified to  practice  in  accordance  with
    internationally   accepted   standards  of  orthotic  and
    prosthetic care.
    (b)  To qualify for a license to practice  pedorthics,  a
person shall:
         (1)  possess   a   high   school   diploma   or  its
    equivalent;
         (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
requirements.
    (d)  A   person   may   be  licensed  in  more  than  one
discipline.

    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
Act.

    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
licensed physician.

    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
competence.
    (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
Department.
    (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
    this Act.
         (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
    of drugs.
         (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
    personally rendered.
         (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
    departments.
         (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
cause.
    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
proceedings.

    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
facie proof:
    (1)  that  the  signature is the genuine signature of the
Director;
    (2)  that the Director is duly appointed  and  qualified;
and
    (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
the license.

    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
Practice Act.

    Section  999.   Effective  date.   This  Act takes effect
January 1, 2000.

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