Illinois General Assembly - Full Text of SB3878
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Full Text of SB3878  101st General Assembly

SB3878 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3878

 

Introduced 2/14/2020, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 5/3  from Ch. 111, par. 7603
225 ILCS 5/4  from Ch. 111, par. 7604
225 ILCS 5/16  from Ch. 111, par. 7616

    Amends the Illinois Athletic Trainers Practice Act. Makes changes concerning definitions of terms used in the Act. Removes provision prohibiting a person not licensed under the Act from using the title "certified athletic trainer" or "athletic trainer certified" or certain letters after his or her name. Makes changes in provisions concerning exemptions from the Act and grounds for discipline, including by adding the following: failing to maintain complete and accurate records of all treatments rendered and failing to provide copies of medical records as required by law.


LRB101 18607 SPS 68062 b

 

 

A BILL FOR

 

SB3878LRB101 18607 SPS 68062 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 Illinois Athletic Trainers Practice Act is
5amended by changing Sections 3, 4, and 16 as follows:
 
6    (225 ILCS 5/3)  (from Ch. 111, par. 7603)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 3. Definitions. As used in this Act:
9    (1) "Department" means the Department of Financial and
10Professional Regulation.
11    (2) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (3) "Board" means the Illinois Board of Athletic Trainers
14appointed by the Secretary.
15    (4) "Licensed athletic trainer" means a person licensed to
16practice athletic training as defined in this Act and with the
17specific qualifications set forth in Section 9 of this Act who,
18under the direction of a upon the direction of his or her team
19physician or in collaboration with a health care professional,
20provides therapeutic intervention and rehabilitation of
21injuries and medical conditions incurred by an individual, as
22prescribed by the Board of Athletic Trainers and for which the
23athletic trainer has received the required clinical education

 

 

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1and advanced certification or training. The athletic trainer is
2responsible for maintaining complete and accurate records of
3all treatments rendered. A referral back to the physician,
4physician assistant, advanced practice registered nurse,
5dentist, or podiatric physician shall be indicated if the
6individual's condition at the time of evaluation or service is
7determined to be beyond the scope of practice of the athletic
8trainer. or consulting physician, carries out the practice of
9prevention/emergency care or physical reconditioning of
10injuries incurred by athletes participating in an athletic
11program conducted by an educational institution, professional
12athletic organization, or sanctioned amateur athletic
13organization employing the athletic trainer; or a person who,
14under the direction of a physician, carries out comparable
15functions for a health organization-based extramural program
16of athletic training services for athletes. Specific duties of
17the athletic trainer include but are not limited to:
18        A. Supervision of the selection, fitting, and
19    maintenance of protective equipment;
20        B. Provision of assistance to the coaching staff in the
21    development and implementation of conditioning programs;
22        C. Counseling of athletes on nutrition and hygiene;
23        D. Supervision of athletic training facility and
24    inspection of playing facilities;
25        E. Selection and maintenance of athletic training
26    equipment and supplies;

 

 

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1        F. Instruction and supervision of student trainer
2    staff;
3        G. Coordination with a team physician to provide:
4            (i) pre-competition physical exam and health
5        history updates,
6            (ii) game coverage or phone access to a physician
7        or paramedic,
8            (iii) follow-up injury care,
9            (iv) reconditioning programs, and
10            (v) assistance on all matters pertaining to the
11        health and well-being of athletes.
12        H. Provision of on-site injury care and evaluation as
13    well as appropriate transportation, follow-up treatment
14    and rehabilitation as necessary for all injuries sustained
15    by athletes in the program;
16        I. With a physician, determination of when an athlete
17    may safely return to full participation post-injury; and
18        J. Maintenance of complete and accurate records of all
19    athletic injuries and treatments rendered.
20    (5) "Physician" means a physician licensed to practice
21medicine in all of its branches under the Medical Practice Act
22of 1987.
23    (6) "Advanced practice registered nurse" means an advanced
24practice registered nurse licensed to practice under the
25Illinois Nurse Practice Act.
26    (7) "Physician assistant" means a physician assistant

 

 

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1licensed to practice under the Physician Assistant Practice Act
2of 1987.
3    (8) "Physical therapist" means a person who practices
4physical therapy under the requirements of the Illinois
5Physical Therapy Act.
6    (9) "Health care professional" means a dentist, podiatric
7physician, advanced practice registered nurse, physician
8assistant, or physical therapist.
9    (10) "Individual" means a person participating in physical
10activity, which may include exercise, sports, recreation,
11wellness, or employment activity.
12    (11) "Athletic training" means the application of
13principles, methods, and education in the areas of: injury and
14illness prevention and wellness promotion, examination and
15assessment, immediate and emergency care, and therapeutic
16intervention. This includes the use of To carry out these
17functions the athletic trainer is authorized to utilize
18modalities, including, but not limited to, heat, light, sound,
19cold, electricity, exercise, soft tissue mobilizations, or
20mechanical devices related to care and reconditioning.
21"Athletic training" does not include radiology,
22electrosurgery, chiropractic techniques, acupuncture,
23naprapathic techniques, or determination of a differential
24diagnosis, provided the limitation on determining a
25differential diagnosis shall not in any manner limit an
26athletic trainer licensed under this Act from performing an

 

 

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1evaluation and establishing a treatment plan pursuant to such
2license, or any such techniques that are within the educational
3standards of the Commission on Accreditation of Athletic
4Training Education or its successor agency.
5    (12) (5) "Referral" means the written or verbal
6authorization guidance and direction given by the physician,
7who shall maintain medical supervision of the individual. The
8referral may also take the form of standing orders such as
9protocols or plans of care athlete.
10    (13) (6) "Athletic trainer aide" means a person who has
11received on-the-job training specific to the facility in which
12he or she is employed, on either a paid or volunteer basis, but
13is not enrolled in an accredited athletic training professional
14degree program curriculum.
15    (14) (7) "Address of record" means the designated address
16recorded by the Department in the applicant's or licensee's
17application file or license file as maintained by the
18Department's licensure maintenance unit. It is the duty of the
19applicant or licensee to inform the Department of any change of
20address, and those changes must be made either through the
21Department's website or by contacting the Department.
22    (15) (8) "Board of Certification" means the Board of
23Certification for the Athletic Trainer.
24(Source: P.A. 99-469, eff. 8-26-15.)
 
25    (225 ILCS 5/4)  (from Ch. 111, par. 7604)

 

 

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1    (Section scheduled to be repealed on January 1, 2026)
2    Sec. 4. Licensure; exempt activities. No person shall
3provide any of the services set forth in subsection (11) (4) of
4Section 3 of this Act, or use the title "athletic trainer" or
5"certified athletic trainer" or "athletic trainer certified"
6or "licensed athletic trainer" or the letters "L.A.T." or
7"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his
8or her name, unless licensed under this Act.
9    Nothing in this Act shall be construed as preventing or
10restricting the practice, services, or activities of:
11        (1) Any person licensed or registered in this State by
12    any other law from engaging in the profession or occupation
13    for which he or she is licensed or registered.
14        (2) Any person employed as an athletic trainer by the
15    Government of the United States, if such person provides
16    athletic training solely under the direction or control of
17    the organization by which he or she is employed.
18        (3) Any person pursuing a course of study leading to a
19    degree or certificate in athletic training at an accredited
20    educational program if such activities and services
21    constitute a part of a supervised course of study involving
22    daily personal or verbal contact at the site of supervision
23    between the athletic training student and the licensed
24    athletic trainer who plans, directs, advises, and
25    evaluates the student's athletic training clinical
26    education. The supervising licensed athletic trainer must

 

 

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1    be on-site where the athletic training clinical education
2    is being obtained. A person meeting the criteria under this
3    paragraph (3) must be designated by a title which clearly
4    indicates his or her status as a student or trainee.
5        (4) (Blank).
6        (5) The practice of athletic training under the
7    supervision of a licensed athletic trainer by one who has
8    applied in writing to the Department for licensure and has
9    complied with all the provisions of Section 9 except the
10    passing of the examination to be eligible to receive such
11    license. This temporary right to act as an athletic trainer
12    shall expire 3 months after the filing of his or her
13    written application to the Department; when the applicant
14    has been notified of his or her failure to pass the
15    examination authorized by the Department; when the
16    applicant has withdrawn his or her application; when the
17    applicant has received a license from the Department after
18    successfully passing the examination authorized by the
19    Department; or when the applicant has been notified by the
20    Department to cease and desist from practicing, whichever
21    occurs first. This provision shall not apply to an
22    applicant who has previously failed the examination.
23        (6) Any person in a coaching position from rendering
24    emergency care on an as needed basis to the athletes under
25    his or her supervision when a licensed athletic trainer is
26    not available.

 

 

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1        (7) Any person who is an athletic trainer from another
2    state or territory of the United States or another nation,
3    state, or territory acting as an athletic trainer while
4    performing his or her duties for his or her respective
5    non-Illinois based team or organization, so long as he or
6    she restricts his or her duties to his or her team or
7    organization during the course of his or her team's or
8    organization's stay in this State. For the purposes of this
9    Act, a team shall be considered based in Illinois if its
10    home contests are held in Illinois, regardless of the
11    location of the team's administrative offices.
12        (8) The practice of athletic training by persons
13    licensed in another state who have applied in writing to
14    the Department for licensure by endorsement. This
15    temporary right to act as an athletic trainer shall expire
16    6 months after the filing of his or her written application
17    to the Department; upon the withdrawal of the application
18    for licensure under this Act; upon delivery of a notice of
19    intent to deny the application from the Department; or upon
20    the denial of the application by the Department, whichever
21    occurs first.
22        (9) The practice of athletic training by one who has
23    applied in writing to the Department for licensure and has
24    complied with all the provisions of Section 9. This
25    temporary right to act as an athletic trainer shall expire
26    6 months after the filing of his or her written application

 

 

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1    to the Department; upon the withdrawal of the application
2    for licensure under this Act; upon delivery of a notice of
3    intent to deny the application from the Department; or upon
4    the denial of the application by the Department, whichever
5    occurs first.
6        (10) The practice of athletic training by persons
7    actively licensed as an athletic trainer in another state
8    or territory of the United States or another country, or
9    currently certified by the Board of Certification, or its
10    successor entity, at a special athletic tournament or event
11    conducted by a sanctioned amateur athletic organization,
12    including, but not limited to, the Prairie State Games and
13    the Special Olympics, for no more than 14 days. This shall
14    not include contests or events that are part of a scheduled
15    series of regular season events.
16        (11) Athletic trainer aides from performing patient
17    care activities under the on-site supervision of a licensed
18    athletic trainer. These patient care activities shall not
19    include interpretation of referrals or evaluation
20    procedures, planning or major modifications of patient
21    programs, administration of medication, or solo practice
22    or event coverage without immediate access to a licensed
23    athletic trainer.
24        (12) Persons or entities practicing the specified
25    occupations set forth in subsection (a) of, and pursuant to
26    a licensing exemption granted in subsection (b) or (d) of,

 

 

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1    Section 2105-350 of the Department of Professional
2    Regulation Law of the Civil Administrative Code of
3    Illinois, but only for so long as the 2016 Olympic and
4    Paralympic Games Professional Licensure Exemption Law is
5    operable.
6(Source: P.A. 99-469, eff. 8-26-15.)
 
7    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 16. Grounds for discipline.
10    (1) The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary action as the Department may deem proper,
13including fines not to exceed $10,000 for each violation, with
14regard to any licensee for any one or combination of the
15following:
16        (A) Material misstatement in furnishing information to
17    the Department;
18        (B) Violations of this Act, or of the rules or
19    regulations promulgated hereunder;
20        (C) Conviction of or plea of guilty to any crime under
21    the Criminal Code of 2012 or the laws of any jurisdiction
22    of the United States that is (i) a felony, (ii) a
23    misdemeanor, an essential element of which is dishonesty,
24    or (iii) of any crime that is directly related to the
25    practice of the profession;

 

 

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1        (D) Fraud or any misrepresentation in applying for or
2    procuring a license under this Act, or in connection with
3    applying for renewal of a license under this Act;
4        (E) Professional incompetence or gross negligence;
5        (F) Malpractice;
6        (G) Aiding or assisting another person, firm,
7    partnership, or corporation in violating any provision of
8    this Act or rules;
9        (H) Failing, within 60 days, to provide information in
10    response to a written request made by the Department;
11        (I) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud or harm the public;
14        (J) Habitual or excessive use or abuse of drugs defined
15    in law as controlled substances, alcohol, or any other
16    substance that results in the inability to practice with
17    reasonable judgment, skill, or safety;
18        (K) Discipline by another state, unit of government,
19    government agency, the District of Columbia, territory, or
20    foreign nation, if at least one of the grounds for the
21    discipline is the same or substantially equivalent to those
22    set forth herein;
23        (L) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate, or other form of compensation
26    for any professional services not actually or personally

 

 

SB3878- 12 -LRB101 18607 SPS 68062 b

1    rendered. Nothing in this subparagraph (L) affects any bona
2    fide independent contractor or employment arrangements
3    among health care professionals, health facilities, health
4    care providers, or other entities, except as otherwise
5    prohibited by law. Any employment arrangements may include
6    provisions for compensation, health insurance, pension, or
7    other employment benefits for the provision of services
8    within the scope of the licensee's practice under this Act.
9    Nothing in this subparagraph (L) shall be construed to
10    require an employment arrangement to receive professional
11    fees for services rendered;
12        (M) A finding by the Department that the licensee after
13    having his or her license disciplined has violated the
14    terms of probation;
15        (N) Abandonment of the individual under care an
16    athlete;
17        (O) Willfully making or filing false records or reports
18    in his or her practice, including but not limited to false
19    records filed with State agencies or departments;
20        (P) Willfully failing to report an instance of
21    suspected child abuse or neglect as required by the Abused
22    and Neglected Child Reporting Act;
23        (Q) Physical illness, including but not limited to
24    deterioration through the aging process, or loss of motor
25    skill that results in the inability to practice the
26    profession with reasonable judgment, skill, or safety;

 

 

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1        (R) Solicitation of professional services other than
2    by permitted institutional policy;
3        (S) The use of any words, abbreviations, figures or
4    letters with the intention of indicating practice as an
5    athletic trainer without a valid license as an athletic
6    trainer under this Act;
7        (T) The evaluation or treatment of ailments of human
8    beings other than by the practice of athletic training as
9    defined in this Act or the treatment of injuries of
10    individuals athletes by a licensed athletic trainer except
11    by the referral of a physician, or other qualified health
12    care professional podiatric physician, or dentist;
13        (U) Willfully violating or knowingly assisting in the
14    violation of any law of this State relating to the use of
15    habit-forming drugs;
16        (V) Willfully violating or knowingly assisting in the
17    violation of any law of this State relating to the practice
18    of abortion;
19        (W) Continued practice by a person knowingly having an
20    infectious communicable or contagious disease;
21        (X) Being named as a perpetrator in an indicated report
22    by the Department of Children and Family Services pursuant
23    to the Abused and Neglected Child Reporting Act and upon
24    proof by clear and convincing evidence that the licensee
25    has caused a child to be an abused child or neglected child
26    as defined in the Abused and Neglected Child Reporting Act;

 

 

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1        (Y) (Blank);
2        (Z) Failure to fulfill continuing education
3    requirements;
4        (AA) Allowing one's license under this Act to be used
5    by an unlicensed person in violation of this Act;
6        (BB) Practicing under a false or, except as provided by
7    law, assumed name;
8        (CC) Promotion of the sale of drugs, devices,
9    appliances, or goods provided in any manner to exploit the
10    client for the financial gain of the licensee;
11        (DD) Gross, willful, or continued overcharging for
12    professional services;
13        (EE) Mental illness or disability that results in the
14    inability to practice under this Act with reasonable
15    judgment, skill, or safety; or
16        (FF) Cheating on or attempting to subvert the licensing
17    examination administered under this Act.
18        (GG) Failing to maintain complete and accurate records
19    of all treatments rendered.
20        (HH) Failing to provide copies of medical records as
21    required by law.
22    All fines imposed under this Section shall be paid within
2360 days after the effective date of the order imposing the fine
24or in accordance with the terms set forth in the order imposing
25the fine.
26    (2) The determination by a circuit court that a licensee is

 

 

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1subject to involuntary admission or judicial admission as
2provided in the Mental Health and Developmental Disabilities
3Code operates as an automatic suspension. Such suspension will
4end only upon a finding by a court that the licensee is no
5longer subject to involuntary admission or judicial admission
6and issuance of an order so finding and discharging the
7licensee.
8    (3) The Department may refuse to issue or may suspend
9without hearing, as provided for in the Code of Civil
10Procedure, the license of any person who fails to file a
11return, to pay the tax, penalty, or interest shown in a filed
12return, or to pay any final assessment of tax, penalty, or
13interest as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied in accordance
16with subsection (a) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code of
18Illinois.
19    (4) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any individual who
21is licensed under this Act or any individual who has applied
22for licensure to submit to a mental or physical examination or
23evaluation, or both, which may include a substance abuse or
24sexual offender evaluation, at the expense of the Department.
25The Department shall specifically designate the examining
26physician licensed to practice medicine in all of its branches

 

 

SB3878- 16 -LRB101 18607 SPS 68062 b

1or, if applicable, the multidisciplinary team involved in
2providing the mental or physical examination and evaluation.
3The multidisciplinary team shall be led by a physician licensed
4to practice medicine in all of its branches and may consist of
5one or more or a combination of physicians licensed to practice
6medicine in all of its branches, licensed chiropractic
7physicians, licensed clinical psychologists, licensed clinical
8social workers, licensed clinical professional counselors, and
9other professional and administrative staff. Any examining
10physician or member of the multidisciplinary team may require
11any person ordered to submit to an examination and evaluation
12pursuant to this Section to submit to any additional
13supplemental testing deemed necessary to complete any
14examination or evaluation process, including, but not limited
15to, blood testing, urinalysis, psychological testing, or
16neuropsychological testing.
17    The Department may order the examining physician or any
18member of the multidisciplinary team to provide to the
19Department any and all records, including business records,
20that relate to the examination and evaluation, including any
21supplemental testing performed. The Department may order the
22examining physician or any member of the multidisciplinary team
23to present testimony concerning this examination and
24evaluation of the licensee or applicant, including testimony
25concerning any supplemental testing or documents relating to
26the examination and evaluation. No information, report,

 

 

SB3878- 17 -LRB101 18607 SPS 68062 b

1record, or other documents in any way related to the
2examination and evaluation shall be excluded by reason of any
3common law or statutory privilege relating to communication
4between the licensee or applicant and the examining physician
5or any member of the multidisciplinary team. No authorization
6is necessary from the licensee or applicant ordered to undergo
7an evaluation and examination for the examining physician or
8any member of the multidisciplinary team to provide
9information, reports, records, or other documents or to provide
10any testimony regarding the examination and evaluation. The
11individual to be examined may have, at his or her own expense,
12another physician of his or her choice present during all
13aspects of the examination.
14    Failure of any individual to submit to a mental or physical
15examination or evaluation, or both, when directed, shall result
16in an automatic suspension without hearing, until such time as
17the individual submits to the examination. If the Department
18finds a licensee unable to practice because of the reasons set
19forth in this Section, the Department shall require the
20licensee to submit to care, counseling, or treatment by
21physicians approved or designated by the Department as a
22condition for continued, reinstated, or renewed licensure.
23    When the Secretary immediately suspends a license under
24this Section, a hearing upon such person's license must be
25convened by the Department within 15 days after the suspension
26and completed without appreciable delay. The Department shall

 

 

SB3878- 18 -LRB101 18607 SPS 68062 b

1have the authority to review the licensee's record of treatment
2and counseling regarding the impairment to the extent permitted
3by applicable federal statutes and regulations safeguarding
4the confidentiality of medical records.
5    Individuals licensed under this Act who are affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department that they can resume practice in compliance with
8acceptable and prevailing standards under the provisions of
9their license.
10    (5) (Blank).
11    (6) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency to
15the Department, the Department may refuse to issue or renew or
16may revoke or suspend that person's license or may take other
17disciplinary action against that person based solely upon the
18certification of delinquency made by the Department of
19Healthcare and Family Services in accordance with paragraph (5)
20of subsection (a) of Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois.
23(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)