HB2811 EngrossedLRB101 10814 AMC 55944 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.
17    The Pharmacy Practice Act.
18    The Professional Engineering Practice Act of 1989.
19    The Real Estate License Act of 2000.
20    The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)
 

 

 

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1    (5 ILCS 80/4.40 new)
2    Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4    The Orthotics, Prosthetics, and Pedorthics Practice Act.
 
5    Section 10. The Orthotics, Prosthetics, and Pedorthics
6Practice Act is amended by changing Sections 10, 25, 30, 35,
740, 90, 95, 100, 105, 130, 150, 155, 160, and 170 and by adding
8Sections 10.5 and 180 as follows:
 
9    (225 ILCS 84/10)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 10. Definitions. As used in this Act:
12    "Accredited facility" means a facility that which has been
13accredited by the Center for Medicare Medicaid Services to
14practice prosthetics, orthotics or pedorthics and which
15represents itself to the public by title or description of
16services that includes the term "prosthetic", "prosthetist",
17"artificial limb", "orthotic", "orthotist", "brace",
18"pedorthic", "pedorthist" or a similar title or description of
19services.
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file maintained by the Department's licensure
23maintenance unit. It is the duty of the applicant or licensee
24to inform the Department of any change of address, and such

 

 

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1changes must be made either through the Department's website or
2by contacting the Department.
3    "Assistant" means a person who is educated and trained to
4participate in comprehensive orthotic or prosthetic care while
5under the supervision, as defined by rule, of a licensed
6orthotist or licensed prosthetist. Assistants may perform
7orthotic or prosthetic procedures and related tasks in the
8management of patient care. Assistants may also fabricate,
9repair, and maintain orthoses and prostheses.
10    "Board" means the Board of Orthotics, Prosthetics, and
11Pedorthics.
12    "Custom-fabricated Custom fabricated device" means an
13orthosis, prosthesis, or pedorthic device that is fabricated to
14comprehensive measurements or a mold or patient model for use
15by a patient in accordance with a prescription and which
16requires clinical and technical judgment in its design,
17fabrication, and fitting.
18    "Custom-fitted Custom fitted device" means an orthosis,
19prosthesis, or pedorthic device that is made to patient
20measurements sized or modified for use by the patient in
21accordance with a prescription and which requires clinical and
22technical judgment and substantive alteration in its design.
23    "Department" means the Department of Financial and
24Professional Regulation.
25    "Email address of record" means the designated email
26address recorded by the Department in the applicant's

 

 

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1application file or the licensee's license file, as maintained
2by the Department's licensure maintenance unit.
3    "Facility" means the business location where orthotic,
4prosthetic, or pedorthic care is provided and, in the case of
5an orthotic/prosthetic facility, has the appropriate clinical
6and laboratory space and equipment to provide comprehensive
7orthotic or prosthetic care and, in the case of a pedorthic
8facility, has the appropriate clinical space and equipment to
9provide pedorthic care. Licensed orthotists, prosthetists, and
10pedorthists must be available to either provide care or
11supervise the provision of care by unlicensed staff.
12    "Licensed orthotist" or "LO" means a person licensed under
13this Act to practice orthotics and who represents himself or
14herself to the public by title or description of services that
15includes the term "orthotic", "orthotist", "brace", or a
16similar title or description of services.
17    "Licensed pedorthist" or "LPed" means a person licensed
18under this Act to practice pedorthics and who represents
19himself or herself to the public by the title or description of
20services that include the term "pedorthic", "pedorthist", or a
21similar title or description of services.
22    "Licensed physician" means a person licensed under the
23Medical Practice Act of 1987.
24    "Licensed podiatric physician" means a person licensed
25under the Podiatric Medical Practice Act of 1987.
26    "Licensed prosthetist" or "LP" means a person licensed

 

 

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1under this Act to practice prosthetics and who represents
2himself or herself to the public by title or description of
3services that includes the term "prosthetic", "prosthetist",
4"artificial limb", or a similar title or description of
5services.
6    "Off-the-shelf device" means a prefabricated orthosis,
7prosthesis, or pedorthic device sized or modified for use by
8the patient in accordance with a prescription and that does not
9require substantial clinical judgment and substantive
10alteration for appropriate use.
11    "Orthosis" means a custom-fabricated or custom-fitted
12brace or support designed to provide for alignment, correction,
13or prevention of neuromuscular or musculoskeletal dysfunction,
14disease, injury, or deformity. "Orthosis" does not include
15fabric or elastic supports, corsets, arch supports,
16low-temperature plastic splints, trusses, elastic hoses,
17canes, crutches, soft cervical collars, dental appliances, or
18other similar devices carried in stock and sold as
19"over-the-counter" items by a drug store, department store,
20corset shop, or surgical supply facility.
21    "Orthotic and Prosthetic Education Program" means a course
22of instruction accredited by the Commission on Accreditation of
23Allied Health Education Programs, consisting of (i) a basic
24curriculum of college level instruction in math, physics,
25biology, chemistry, and psychology and (ii) a specific
26curriculum in orthotic or prosthetic courses, including: (A)

 

 

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1lectures covering pertinent anatomy, biomechanics,
2pathomechanics, prosthetic-orthotic components and materials,
3training and functional capabilities, prosthetic or orthotic
4performance evaluation, prescription considerations, etiology
5of amputations and disease processes necessitating prosthetic
6or orthotic use, and medical management; (B) subject matter
7related to pediatric and geriatric problems; (C) instruction in
8acute care techniques, such as immediate and early
9post-surgical prosthetics and fracture bracing techniques; and
10(D) lectures, demonstrations, and laboratory experiences
11related to the entire process of measuring, casting, fitting,
12fabricating, aligning, and completing prostheses or orthoses.
13    "Orthotic and prosthetic scope of practice" means a list of
14tasks, with relative weight given to such factors as
15importance, criticality, and frequency, based on
16internationally accepted standards of orthotic and prosthetic
17care as outlined by the International Society of Prosthetics
18and Orthotics' professional profile for Category I and Category
19III orthotic and prosthetic personnel.
20    "Orthotics" means the science and practice of evaluating,
21measuring, designing, fabricating, assembling, fitting,
22adjusting, or servicing an orthosis under an order from a
23licensed physician or podiatric physician for the correction or
24alleviation of neuromuscular or musculoskeletal dysfunction,
25disease, injury, or deformity.
26    "Orthotist" means a health care professional, specifically

 

 

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1educated and trained in orthotic patient care, who measures,
2designs, fabricates, fits, or services orthoses and may assist
3in the formulation of the order and treatment plan of orthoses
4for the support or correction of disabilities caused by
5neuro-musculoskeletal diseases, injuries, or deformities.
6    "Over-the-counter" means a prefabricated, mass-produced
7device that is prepackaged and requires no professional advice
8or judgment judgement in either size selection or use,
9including fabric or elastic supports, corsets, generic arch
10supports, elastic hoses.
11    "Pedorthic device" means therapeutic shoes (e.g. diabetic
12shoes and inserts), shoe modifications made for therapeutic
13purposes, below the ankle partial foot prostheses, and foot
14orthoses for use at the ankle or below. It also includes
15subtalar-control foot orthoses designed to manage the function
16of the anatomy by controlling the range of motion of the
17subtalar joint. Excluding footwear, the proximal height of a
18custom pedorthic device does not extend beyond the junction of
19the gastrocnemius and the Achilles tendon. Pedorthic devices do
20not include non-therapeutic inlays or footwear regardless of
21method of manufacture; unmodified, non-therapeutic
22over-the-counter shoes; or prefabricated foot care products.
23"Therapeutic" devices address a medical condition, diagnosed
24by a prescribing medical professional, while "non-therapeutic"
25devices do not address a medical condition.
26    "Pedorthic education program" means an educational program

 

 

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1accredited by the National Commission on Orthotic and
2Prosthetic Education consisting of (i) a basic curriculum of
3instruction in foot-related pathology of diseases, anatomy,
4and biomechanics and (ii) a specific curriculum in pedorthic
5courses, including lectures covering shoes, foot orthoses, and
6shoe modifications, pedorthic components and materials,
7training and functional capabilities, pedorthic performance
8evaluation, prescription considerations, etiology of disease
9processes necessitating use of pedorthic devices, medical
10management, subject matter related to pediatric and geriatric
11problems, and lectures, demonstrations, and laboratory
12experiences related to the entire process of measuring and
13casting, fitting, fabricating, aligning, and completing
14pedorthic devices.
15    "Pedorthic scope of practice" means a list of tasks with
16relative weight given to such factors as importance,
17criticality, and frequency based on nationally accepted
18standards of pedorthic care as outlined by the National
19Commission on Orthotic and Prosthetic Education comprehensive
20analysis with an empirical validation study of the profession
21performed by an independent testing company.
22    "Pedorthics" means the science and practice of evaluating,
23measuring, designing, fabricating, assembling, fitting,
24adjusting, or servicing a pedorthic device under an order from
25a licensed physician or podiatric physician for the correction
26or alleviation of neuromuscular or musculoskeletal

 

 

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1dysfunction, disease, injury, or deformity.
2    "Pedorthist" means a health care professional,
3specifically educated and trained in pedorthic patient care,
4who measures, designs, fabricates, fits, or services pedorthic
5devices and may assist in the formulation of the order and
6treatment plan of pedorthic devices for the support or
7correction of disabilities caused by neuro-musculoskeletal
8diseases, injuries, or deformities.
9    "Person" means a natural person.
10    "Prosthesis" means an artificial medical device that is not
11surgically implanted and that is used to replace a missing
12limb, appendage, or any other external human body part
13including an artificial limb, hand, or foot. "Prosthesis" does
14not include artificial eyes, ears, fingers, or toes, dental
15appliances, cosmetic devices such as artificial breasts,
16eyelashes, or wigs, or other devices that do not have a
17significant impact on the musculoskeletal functions of the
18body.
19    "Prosthetics" means the science and practice of
20evaluating, measuring, designing, fabricating, assembling,
21fitting, adjusting, or servicing a prosthesis under an order
22from a licensed physician.
23    "Prosthetist" means a health care professional,
24specifically educated and trained in prosthetic patient care,
25who measures, designs, fabricates, fits, or services
26prostheses and may assist in the formulation of the order and

 

 

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1treatment plan of prostheses for the replacement of external
2parts of the human body lost due to amputation or congenital
3deformities or absences.
4    "Prosthetist/orthotist" means a person who practices both
5disciplines of prosthetics and orthotics and who represents
6himself or herself to the public by title or by description of
7services. A person who is currently licensed by the State as
8both a licensed prosthetist and a licensed orthotist may use
9the title "Licensed Prosthetist Orthotist" or "LPO".
10    "Resident" means a person who has completed an education
11program in either orthotics or prosthetics and is continuing
12his or her clinical education in a residency accredited by the
13National Commission on Orthotic and Prosthetic Education.
14    "Residency" means a minimum of a one-year approved
15supervised program to acquire practical clinical training in
16orthotics or prosthetics in a patient care setting.
17    "Secretary" means the Secretary of Financial and
18Professional Regulation.
19    "Technician" means a person who assists an orthotist,
20prosthetist, prosthetist/orthotist, or pedorthist with
21fabrication of orthoses, prostheses, or pedorthic devices but
22does not provide direct patient care.
23(Source: P.A. 98-214, eff. 8-9-13.)
 
24    (225 ILCS 84/10.5 new)
25    Sec. 10.5. Address of record; email address of record. All

 

 

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1applicants and licensees shall:
2        (1) provide a valid address and email address to the
3    Department, which shall serve as the address of record and
4    email address of record, respectively, at the time of
5    application for licensure or renewal of a license; and
6        (2) inform the Department of any change of address of
7    record or email address of record within 14 days after such
8    change either through the Department's website or by
9    contacting the Department's licensure maintenance unit.
 
10    (225 ILCS 84/25)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics.
13    (a) There is established a Board of Orthotics, Prosthetics,
14and Pedorthics, which shall consist of 6 voting members to be
15appointed by the Secretary. Three members shall be practicing
16licensed orthotists, licensed prosthetists, or licensed
17pedorthists. These members may be licensed in more than one
18discipline and their appointments must equally represent all 3
19disciplines. One member shall be a member of the public who is
20a consumer of orthotic, prosthetic, or pedorthic professional
21services. One member shall be a public member who is not
22licensed under this Act or a consumer of services licensed
23under this Act. One member shall be a licensed physician.
24    (b) Each member of the Board shall serve a term of 3 years,
25except that of the initial appointments to the Board, 2 members

 

 

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1shall be appointed for one year, 2 members shall be appointed
2for 2 years, and 2 members shall be appointed for 3 years. Each
3member shall hold office and execute his or her Board
4responsibilities until the qualification and appointment of
5his or her successor. No member of the Board shall serve more
6than 8 consecutive years or 2 full terms, whichever is greater.
7    (c) Members of the Board shall receive as compensation a
8reasonable sum as determined by the Secretary for each day
9actually engaged in the duties of the office and shall be
10reimbursed for all legitimate, necessary, and authorized
11reasonable expenses incurred in performing the duties of the
12office.
13    (d) Four members of the Board shall constitute a quorum. A
14quorum is required for all Board decisions.
15    (e) The Secretary may terminate the appointment of any
16member for cause which, in the opinion of the Secretary
17reasonably justifies termination, which may include, but is not
18limited to, a Board member who does not attend 2 consecutive
19meetings.
20    (f) Membership of the Board should reasonably reflect
21representation from the geographic areas in this State.
22(Source: P.A. 96-682, eff. 8-25-09.)
 
23    (225 ILCS 84/30)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 30. Board; immunity; chairperson.

 

 

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1    (a) A member Members of the Board has no liability shall be
2immune from suit in any action based upon a any disciplinary
3proceeding or other activity activities performed in good faith
4as a member members of the Board.
5    (b) The Board shall annually elect a chairperson and vice
6chairperson who shall be licensed under this Act.
7(Source: P.A. 91-590, eff. 1-1-00.)
 
8    (225 ILCS 84/35)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 35. Application for original license. An application
11for an original license shall be made to the Department in
12writing on a form prescribed by the Department and shall be
13accompanied by the required fee, which shall not be refundable.
14An application shall require information that in the judgment
15judgement of the Department will enable the Department to pass
16on the qualifications of the applicant for a license.
17(Source: P.A. 91-590, eff. 1-1-00.)
 
18    (225 ILCS 84/40)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 40. Qualifications for licensure as orthotist,
21prosthetist, or pedorthist.
22    (a) To qualify for a license to practice orthotics or
23prosthetics, a person shall:
24        (1) possess a baccalaureate degree or higher from a

 

 

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1    college or university;
2        (2) have completed the amount of formal training,
3    including, but not limited to, any hours of classroom
4    education and clinical practice established and approved
5    by the Department;
6        (3) complete a clinical residency in the professional
7    area for which a license is sought in accordance with
8    standards, guidelines, or procedures for residencies
9    inside or outside this State established and approved by
10    the Department. The majority of training must be devoted to
11    services performed under the supervision of a licensed
12    practitioner of orthotics or prosthetics or a person
13    certified as a Certified Orthotist (CO), Certified
14    Prosthetist (CP), or Certified Prosthetist Orthotist (CPO)
15    whose practice is located outside of the State;
16        (4) pass all written, practical, and oral examinations
17    that are required and approved by the Department; and
18        (5) be qualified to practice in accordance with
19    internationally accepted standards of orthotic and
20    prosthetic care.
21    (b) To qualify for a license to practice pedorthics, a
22person shall:
23        (1) submit proof of a high school diploma or its
24    equivalent;
25        (2) have completed the amount of formal training,
26    including, but not limited to, any hours of classroom

 

 

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1    education and clinical practice established and approved
2    by the Department;
3        (3) complete a qualified work experience program or
4    internship in pedorthics that has a minimum of 1,000 hours
5    of pedorthic patient care experience in accordance with any
6    standards, guidelines, or procedures established and
7    approved by the Department. The majority of training must
8    be devoted to services performed under the supervision of a
9    licensed practitioner of pedorthics or a person certified
10    as a Certified Pedorthist (C.Ped) whose practice is located
11    outside of the State;
12        (4) pass all examinations that are required and
13    approved by the Department; and
14        (5) be qualified to practice in accordance with
15    nationally accepted standards of pedorthic care.
16    (c) The standards and requirements for licensure
17established by the Department shall be substantially equal to
18or in excess of standards commonly accepted in the profession
19of orthotics, prosthetics, or pedorthics. The Department shall
20adopt rules as necessary to set the standards and requirements.
21    (d) A person may be licensed in more than one discipline.
22(Source: P.A. 96-682, eff. 8-25-09.)
 
23    (225 ILCS 84/90)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 90. Grounds for discipline.

 

 

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1    (a) The Department may refuse to issue or renew a license,
2or may revoke or suspend a license, or may suspend, place on
3probation, or reprimand a licensee or take other disciplinary
4or non-disciplinary action as the Department may deem proper,
5including, but not limited to, the imposition of fines not to
6exceed $10,000 for each violation for one or any combination of
7the following:
8        (1) Making a material misstatement in furnishing
9    information to the Department or the Board.
10        (2) Violations of or negligent or intentional
11    disregard of this Act or its rules.
12        (3) Conviction of, or entry of a plea of guilty or nolo
13    contendere, finding of guilt, jury verdict, or entry of
14    judgment or sentencing, including, but not limited to,
15    convictions, preceding sentences of supervision,
16    conditional discharge, or first offender probation to any
17    crime that is a felony under the laws of the United States
18    or any state or territory thereof or that is (i) a felony,
19    or (ii) a misdemeanor, of which an essential element of
20    which is dishonesty, or any crime that is directly related
21    to the practice of the profession.
22        (4) Making a misrepresentation for the purpose of
23    obtaining a license under this Act or in connection with
24    applying for renewal or restoration of a license under this
25    Act.
26        (5) A pattern of practice or other behavior that

 

 

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1    demonstrates incapacity or incompetence to practice under
2    this Act.
3        (6) Gross negligence under this Act.
4        (7) Aiding or assisting another person in violating a
5    provision of this Act or its rules.
6        (8) Failing to provide information within 60 days in
7    response to a written request made by the Department.
8        (9) Engaging in dishonorable, unethical, or
9    unprofessional conduct or conduct of a character likely to
10    deceive, defraud, or harm the public.
11        (10) Inability to practice with reasonable judgment,
12    skill, or safety as a result of habitual or excessive use
13    or addiction to alcohol, narcotics, stimulants, or any
14    other chemical agent or drug.
15        (11) Discipline by another state or territory of the
16    United States, the federal government, or foreign nation,
17    if at least one of the grounds for the discipline is the
18    same or substantially equivalent to one set forth in this
19    Section.
20        (12) Directly or indirectly giving to or receiving from
21    a person, firm, corporation, partnership, or association a
22    fee, commission, rebate, or other form of compensation for
23    professional services not actually or personally rendered.
24    Nothing in this paragraph (12) affects any bona fide
25    independent contractor or employment arrangements among
26    health care professionals, health facilities, health care

 

 

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1    providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this Act.
6    Nothing in this paragraph (12) shall be construed to
7    require an employment arrangement to receive professional
8    fees for services rendered.
9        (13) A finding by the Board that the licensee or
10    registrant, after having his or her license placed on
11    probationary status, has violated the terms of probation or
12    failed to comply with such terms.
13        (14) Abandonment of a patient or client.
14        (15) Willfully making or filing false records or
15    reports related to the licensee's in his or her practice,
16    including, but not limited to, false records filed with
17    federal or State agencies or departments.
18        (16) Willfully failing to report an instance of
19    suspected child abuse, or neglect, financial exploitation,
20    or self-neglect of an eligible child or adult as required
21    by the Abused and Neglected Child Reporting Act and the
22    Adult Protective Services Act.
23        (17) Inability to practice the profession with
24    reasonable judgment, skill, or safety as a result of a
25    physical illness, including, but not limited to,
26    deterioration through the aging process or loss of motor

 

 

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1    skill, or a mental illness or disability.
2        (18) Solicitation of professional services using false
3    or misleading advertising.
4    (b) In enforcing this Section, the Department or Board upon
5a showing of a possible violation, may compel a licensee or
6applicant to submit to a mental or physical examination, or
7both, as required by and at the expense of the Department. The
8Department or Board may order the examining physician to
9present testimony concerning the mental or physical
10examination of the licensee or applicant. No information shall
11be excluded by reason of any common law or statutory privilege
12relating to communications between the licensee or applicant
13and the examining physician. The examining physicians shall be
14specifically designated by the Board or Department. The
15individual to be examined may have, at his or her own expense,
16another physician of his or her choice present during all
17aspects of this examination. Failure of an individual to submit
18to a mental or physical examination, when directed, shall be
19grounds for the immediate suspension of his or her license
20until the individual submits to the examination if the
21Department finds that the refusal to submit to the examination
22was without reasonable cause as defined by rule.
23    If In instances in which the Secretary immediately suspends
24a person's license for his or her failure to submit to a mental
25or physical examination, when directed, a hearing on that
26person's license must be convened by the Department within 15

 

 

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1days after the suspension and completed without appreciable
2delay.
3    If In instances in which the Secretary otherwise suspends a
4person's license pursuant to the results of a compelled mental
5or physical examination, a hearing on that person's license
6must be convened by the Department within 15 days after the
7suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18    (c) (Blank).
19    (d) If In cases where the Department of Healthcare and
20Family Services (formerly Department of Public Aid) has
21previously determined that a licensee or a potential licensee
22is more than 30 days delinquent in the payment of child support
23and has subsequently certified the delinquency to the
24Department, the Department may refuse to issue or renew or may
25revoke or suspend that person's license or may take other
26disciplinary action against that person based solely upon the

 

 

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1certification of delinquency made by the Department of
2Healthcare and Family Services in accordance with subsection
3(a)(5) of Section 2105-15 of the Department of Professional
4Regulation Law of the Civil Administrative Code of Illinois (20
5ILCS 2105/2105-15).
6    (e) The Department shall may refuse to issue or renew a
7license, or may revoke or suspend a license, for failure to
8file a return, to pay the tax, penalty, or interest shown in a
9filed return, or to pay any final assessment of tax, penalty,
10or interest as required by any tax Act administered by the
11Department of Revenue, until such time as the requirements of
12the tax Act are satisfied in accordance with subsection (g) of
13Section 2105-15 of the Department of Professional Regulation
14Law of the Civil Administrative Code of Illinois (20 ILCS
152105/2105-15).
16(Source: P.A. 100-872, eff. 8-14-18.)
 
17    (225 ILCS 84/95)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 95. Injunction; cease and desist order.
20    (a) If any person, company, or corporation violates a
21provision of this Act, the Secretary may, in the name of the
22People of the State of Illinois and through the Attorney
23General of the State of Illinois or the State's Attorney of the
24county in which the violation is alleged to have occurred,
25petition for an order enjoining the violation or for an order

 

 

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1enforcing compliance with this Act. Upon the filing of a
2verified petition in court, the court may issue a temporary
3restraining order, without notice or bond, and may
4preliminarily and permanently enjoin the violation. If it is
5established that the person, company, or corporation has
6violated or is violating the injunction, the court may punish
7the offender for contempt of court. Proceedings under this
8Section shall be in addition to, and not in lieu of, all other
9remedies and penalties provided by this Act.
10    (b) (Blank). If a person practices as an orthotist,
11prosthetist, or pedorthist or holds himself or herself out as
12an orthotist, prosthetist, or pedorthist without being
13licensed under the provisions of this Act, then any other
14licensed orthotist, prosthetist, or pedorthist, any interested
15party, or any person injured by the person may, in addition to
16the Secretary, petition for relief as provided in subsection
17(a) of this Section.
18    (c) (Blank). If a company or corporation holds itself out
19to provide orthotic, prosthetic, or pedorthic services without
20having an orthotist, prosthetist, or pedorthist licensed under
21the provisions of this Act on its staff to provide those
22services, then any other licensed orthotist, prosthetist, or
23pedorthist or any interested party or injured person may, in
24addition to the Secretary, petition for relief as provided in
25subsection (a) of this Section.
26    (d) If, Whenever in the opinion of the Department, a

 

 

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1person, company, or corporation violates a provision of this
2Act, the Department may issue a rule to show cause why an order
3to cease and desist should not be entered against him, her, or
4it. The rule shall clearly set forth the grounds relied upon by
5the Department and shall provide a period of 7 days from the
6date of the rule to file an answer to the satisfaction of the
7Department. Failure to answer to the satisfaction of the
8Department shall cause an order to cease and desist to be
9issued immediately.
10(Source: P.A. 96-682, eff. 8-25-09.)
 
11    (225 ILCS 84/100)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 100. Investigations; notice and hearing.
14    (a) The Department may investigate the actions of any an
15applicant or of any a person or persons holding or claiming to
16hold a license under this Act.
17    (b) The Department may also investigate the actions of a
18company or corporation that holds itself out to provide
19orthotic, prosthetic, or pedorthic services with or without
20having an orthotist, prosthetist, or pedorthist licensed under
21the provisions of this Act on its staff to provide those
22services.
23    (c) The Department shall, before disciplining an applicant
24or licensee, at least 30 days before the date set for the
25hearing: (i) notify, in writing, the applicant or licensee of

 

 

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1the charges made and the time and place for the hearing on the
2charges, (ii) direct him or her to file a written answer to the
3charges under oath within 20 days after service of the notice,
4and (iii) inform the applicant or licensee that failure to file
5an answer will result in a default being entered against the
6applicant or licensee. Before refusing to issue or renew a
7license or taking any other disciplinary action with respect to
8a license, the Department shall, at least 30 days prior to the
9date set for the hearing, notify in writing the applicant for
10or holder of a license of the nature of the charges and that a
11hearing will be held on the date designated. The written notice
12may be served by personal delivery or by certified or
13registered mail to the respondent at the address of record with
14the Department. At the time and place fixed in the notice, the
15Board shall proceed to hear the charges. The parties or their
16counsel shall be afforded ample opportunity to present
17statements, testimony, evidence, and argument that may be
18pertinent to the charges or to the defense to the charges. The
19Board may continue the hearing from time to time.
20    (d) At the time and place fixed in the notice, the Board or
21hearing officer appointed by the Secretary shall proceed to
22hear the charges and the applicant or licensee or his or her
23counsel shall be accorded ample opportunity to present any
24statement, testimony, evidence, and argument as may be
25pertinent to the charges or to his or her defense. The Board or
26hearing officer may continue the hearing from time to time.

 

 

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1    (e) In case the person, after receiving the notice, fails
2to file an answer, his or her license may, in the discretion of
3the Secretary, having first received the recommendation of the
4Board, be suspended, revoked, or placed on probationary status
5or be subject to whatever disciplinary action the Secretary
6considers proper, including limiting the scope, nature, or
7extent of the person's practice or the imposition of a fine,
8without hearing, if the act or acts charged constitute
9sufficient grounds for that action under this Act.
10(Source: P.A. 96-682, eff. 8-25-09.)
 
11    (225 ILCS 84/105)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 105. Record of proceedings; transcript. The
14Department, at its own expense, shall preserve a record of all
15proceedings at the formal hearing of any case. The notice of
16hearing, complaint, and all other documents in the nature of
17pleadings and written motions filed in the proceedings, the
18transcripts of testimony, the report of the Board, and orders
19of the Department shall be in the record of the proceeding.
20(Source: P.A. 96-682, eff. 8-25-09.)
 
21    (225 ILCS 84/130)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 130. Appointment of hearing officer. The Secretary
24shall have the authority to appoint an attorney licensed to

 

 

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1practice law in the State of Illinois to serve as a hearing
2officer in an action for refusal to issue or renew a license or
3to discipline a licensee. The hearing officer shall have full
4authority to conduct the hearing. The hearing officer shall
5report his or her findings and recommendations to the Board and
6the Secretary. The Board shall have 60 days from receipt of the
7report to review the report of the hearing officer and present
8its findings of fact, conclusions of law, and recommendations
9to the Secretary. If the Board fails to present its report
10within the 60-day period, the Secretary shall issue an order
11based on the report of the hearing officer. If the Secretary
12determines that the Board's report is contrary to the manifest
13weight of the evidence, he or she may issue an order in
14contravention of the Board's report. Nothing in this Section
15shall prohibit a Board member from attending an informal
16conference and such participation shall not be grounds for
17recusal from any other proceeding.
18(Source: P.A. 96-682, eff. 8-25-09.)
 
19    (225 ILCS 84/150)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 150. Temporary suspension of a license. The Secretary
22may temporarily suspend the license of an orthotist,
23prosthetist, or pedorthist without a hearing simultaneously
24with the institution of proceedings for a hearing under
25provided for in Section 95 of this Act if the Secretary finds

 

 

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1that evidence in his or her possession indicates that a
2licensee's continuation in practice would constitute an
3imminent danger to the public. If the Secretary temporarily
4suspends a license without a hearing, a hearing by the Board
5must be held within 30 days after the suspension and completed
6without appreciable delay.
7(Source: P.A. 96-682, eff. 8-25-09.)
 
8    (225 ILCS 84/155)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 155. Administrative Review Law; venue. All final
11administrative decisions of the Department are subject to
12judicial review pursuant to the provisions of the
13Administrative Review Law and all its rules adopted pursuant
14thereto. The term "administrative decision" has the same
15meaning as in Section 3-101 of the Administrative Review Law.
16Proceedings for judicial review shall be commenced in the
17circuit court of the county in which the party applying for
18review resides, but if the party is not a resident of this
19State, the venue shall be in Sangamon County.
20(Source: P.A. 91-590, eff. 1-1-00.)
 
21    (225 ILCS 84/160)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 160. Certifications of record; costs. The Department
24shall not be required to certify any record to the court or

 

 

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1file any answer in court or to otherwise appear in any court in
2a judicial review proceeding unless and until the Department
3has received from the plaintiff there is filed in the court
4with the complaint a receipt from the Department acknowledging
5payment of the costs of furnishing and certifying the record,
6which cost shall be determined by the Department. Failure on
7the part of a plaintiff to file a receipt in court shall be
8grounds for dismissal of the action. During the pendency and
9hearing of any and all judicial proceedings incident to a
10disciplinary action, the sanctions imposed upon the plaintiff
11by the Department shall remain in full force and effect.
12(Source: P.A. 96-682, eff. 8-25-09.)
 
13    (225 ILCS 84/170)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 170. Illinois Administrative Procedure Act. The
16Illinois Administrative Procedure Act is hereby expressly
17adopted and incorporated in this Act as if all of the
18provisions of that Act were included in this Act, except that
19the provision of subsection (d) of Section 10-65 of the
20Illinois Administrative Procedure Act, which provides that at
21hearings the licensee has the right to show compliance with all
22lawful requirements for retention, continuation, or renewal of
23the license, is specifically excluded and for purposes of this
24Act. The notice required under Section 10-25 of the Illinois
25Administrative Procedure Act is deemed sufficient when mailed

 

 

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1or emailed to the last known address or email address of record
2a party.
3(Source: P.A. 91-590, eff. 1-1-00.)
 
4    (225 ILCS 84/180 new)
5    Sec. 180. Confidentiality. All information collected by
6the Department in the course of an examination or investigation
7of a licensee or applicant, including, but not limited to, any
8complaint against a licensee filed with the Department and
9information collected to investigate any such complaint, shall
10be maintained for the confidential use of the Department and
11shall not be disclosed. The Department shall not disclose the
12information to anyone other than law enforcement officials,
13other regulatory agencies that have an appropriate regulatory
14interest as determined by the Secretary, or a party presenting
15a lawful subpoena to the Department. Information and documents
16disclosed to a federal, State, county, or local law enforcement
17agency shall not be disclosed by the agency for any purpose to
18any other agency or person. A formal complaint filed against a
19licensee by the Department or any order issued by the
20Department against a licensee or applicant shall be a public
21record, except as otherwise prohibited by law.
 
22    (225 ILCS 84/80 rep.)
23    Section 15. The Orthotics, Prosthetics, and Pedorthics
24Practice Act is amended by repealing Section 80.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.