Illinois General Assembly - Full Text of SB2517
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Full Text of SB2517  102nd General Assembly

SB2517 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2517

 

Introduced 2/26/2021, by Sen. Chapin Rose

 

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 in provisions concerning definitions, including changing the definition of "athletic trainer" and adding a definition of "athletic training". Provides that the Department of Financial and Professional Regulation may take disciplinary action against a licensee for failing to maintain complete and accurate records of all treatments rendered or failing to provide copies of medical records as required by law. Makes changes in provisions concerning titles that may be used only by licensees; exempt activities; and grounds for discipline.


LRB102 10394 SPS 15721 b

 

 

A BILL FOR

 

SB2517LRB102 10394 SPS 15721 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7    (Section scheduled to be repealed on January 1, 2026)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
18who, under the direction of a upon the direction of his or her
19team physician or health care professional, or in
20collaboration with a physical therapist, provides therapeutic
21intervention for and rehabilitation of injuries and medical
22conditions incurred by an individual as prescribed by the
23Board of Athletic Trainers and for which the athletic trainer

 

 

SB2517- 2 -LRB102 10394 SPS 15721 b

1has received the required clinical education and advanced
2certification or training. The athletic trainer is responsible
3for maintaining complete and accurate records of all
4treatments rendered. A referral back to the physician or
5health care professional 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
21    the development and implementation of conditioning
22    programs;
23        C. Counseling of athletes on nutrition and hygiene;
24        D. Supervision of athletic training facility and
25    inspection of playing facilities;
26        E. Selection and maintenance of athletic training

 

 

SB2517- 3 -LRB102 10394 SPS 15721 b

1    equipment and supplies;
2        F. Instruction and supervision of student trainer
3    staff;
4        G. Coordination with a team physician to provide:
5            (i) pre-competition physical exam and health
6        history updates,
7            (ii) game coverage or phone access to a physician
8        or paramedic,
9            (iii) follow-up injury care,
10            (iv) reconditioning programs, and
11            (v) assistance on all matters pertaining to the
12        health and well-being of athletes.
13        H. Provision of on-site injury care and evaluation as
14    well as appropriate transportation, follow-up treatment
15    and rehabilitation as necessary for all injuries sustained
16    by athletes in the program;
17        I. With a physician, determination of when an athlete
18    may safely return to full participation post-injury; and
19        J. Maintenance of complete and accurate records of all
20    athletic injuries and treatments rendered.
21    To carry out these functions the athletic trainer is
22authorized to utilize modalities, including, but not limited
23to, heat, light, sound, cold, electricity, exercise, or
24mechanical devices related to care and reconditioning.
25    (5) "Referral" means the written or verbal authorization
26guidance and direction given by the physician or health care

 

 

SB2517- 4 -LRB102 10394 SPS 15721 b

1professional , who shall maintain supervision of the individual
2athlete. The referral may also take the form of standing
3orders such as protocols or plans of care.
4    (6) "Athletic trainer aide" means a person who has
5received on-the-job training specific to the facility in which
6he or she is employed, on either a paid or volunteer basis, but
7is not enrolled in an accredited athletic training
8professional degree program curriculum.
9    (7) "Address of record" means the designated address
10recorded by the Department in the applicant's or licensee's
11application file or license file as maintained by the
12Department's licensure maintenance unit. It is the duty of the
13applicant or licensee to inform the Department of any change
14of address, and those changes must be made either through the
15Department's website or by contacting the Department.
16    (8) "Board of Certification" means the Board of
17Certification for the Athletic Trainer.
18    (9) "Athletic training" means the application of
19principles, methods, and education in the areas of: injury and
20illness prevention and wellness promotion, examination and
21assessment, immediate and emergency care, and therapeutic
22intervention. "Athletic training" includes the use of
23modalities, including, but not limited to, heat, light, sound,
24cold, electricity, exercise, soft tissue mobilizations, or
25mechanical devices related to care and reconditioning.
26"Athletic training" does not include radiology,

 

 

SB2517- 5 -LRB102 10394 SPS 15721 b

1electrosurgery, chiropractic technique, acupuncture,
2naprapathic techniques, or determination of a differential
3diagnosis; provided, however, the limitation on determining a
4differential diagnosis shall not in any manner limit an
5athletic trainer licensed under this Act from performing an
6evaluation and establishing a treatment plan pursuant to such
7license, or any such techniques that are within the
8educational standards of the Commission on Accreditation of
9Athletic Training Education or its successor agency.
10    (10) "Physician" means a physician licensed to practice
11medicine in all of its branches under the Medical Practice Act
12of 1987.
13    (11) "Advanced practice registered nurse" means an
14advanced practice registered nurse licensed to practice under
15the Nurse Practice Act.
16    (12) "Physician assistant" means a physician assistant
17licensed to practice under the Physician Assistant Practice
18Act of 1987.
19    (13) "Physical therapist" means a physical therapist
20licensed to practice under the Illinois Physical Therapy Act.
21    (14) "Health care professional" means a dentist, podiatric
22physician, advanced practice registered nurse, or a physician
23assistant
24    (15) "Individual" means a person participating in physical
25activity; which may include exercise, sports, recreation,
26wellness, or employment activity.

 

 

SB2517- 6 -LRB102 10394 SPS 15721 b

1(Source: P.A. 99-469, eff. 8-26-15.)
 
2    (225 ILCS 5/4)  (from Ch. 111, par. 7604)
3    (Section scheduled to be repealed on January 1, 2026)
4    Sec. 4. Licensure; exempt activities. No person shall
5provide any of the services set forth in subsection (9) (4) of
6Section 3 of this Act, or use the title "athletic trainer" or
7"certified athletic trainer" or "athletic trainer certified"
8or "licensed athletic trainer" or the letters "L.A.T." "A.T.",
9"C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his or her
10name, unless licensed under this Act.
11    Nothing in this Act shall be construed as preventing or
12restricting the practice, services, or activities of:
13        (1) Any person licensed or registered in this State by
14    any other law from engaging in the profession or
15    occupation for which he or she is licensed or registered.
16        (2) Any person employed as an athletic trainer by the
17    Government of the United States, if such person provides
18    athletic training solely under the direction or control of
19    the organization by which he or she is employed.
20        (3) Any person pursuing a course of study leading to a
21    degree or certificate in athletic training at an
22    accredited educational program if such activities and
23    services constitute a part of a supervised course of study
24    involving daily personal or verbal contact at the site of
25    supervision between the athletic training student and the

 

 

SB2517- 7 -LRB102 10394 SPS 15721 b

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

 

 

SB2517- 8 -LRB102 10394 SPS 15721 b

1        (6) Any person in a coaching position from rendering
2    emergency care on an as needed basis to the athletes under
3    his or her supervision when a licensed athletic trainer is
4    not available.
5        (7) Any person who is an athletic trainer from another
6    state or territory of the United States or another nation,
7    state, or territory acting as an athletic trainer while
8    performing his or her duties for his or her respective
9    non-Illinois based team or organization, so long as he or
10    she restricts his or her duties to his or her team or
11    organization during the course of his or her team's or
12    organization's stay in this State. For the purposes of
13    this Act, a team shall be considered based in Illinois if
14    its home contests are held in Illinois, regardless of the
15    location of the team's administrative offices.
16        (8) The practice of athletic training by persons
17    licensed in another state who have applied in writing to
18    the Department for licensure by endorsement. This
19    temporary right to act as an athletic trainer shall expire
20    6 months after the filing of his or her written
21    application to the Department; upon the withdrawal of the
22    application for licensure under this Act; upon delivery of
23    a notice of intent to deny the application from the
24    Department; or upon the denial of the application by the
25    Department, whichever occurs first.
26        (9) The practice of athletic training by one who has

 

 

SB2517- 9 -LRB102 10394 SPS 15721 b

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

 

 

SB2517- 10 -LRB102 10394 SPS 15721 b

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

 

 

SB2517- 11 -LRB102 10394 SPS 15721 b

1    of the United States that is (i) a felony, (ii) a
2    misdemeanor, an essential element of which is dishonesty,
3    or (iii) of any crime that is directly related to the
4    practice of the profession;
5        (D) Fraud or any misrepresentation in applying for or
6    procuring a license under this Act, or in connection with
7    applying for renewal of a license under this Act;
8        (E) Professional incompetence or gross negligence;
9        (F) Malpractice;
10        (G) Aiding or assisting another person, firm,
11    partnership, or corporation in violating any provision of
12    this Act or rules;
13        (H) Failing, within 60 days, to provide information in
14    response to a written request made by the Department;
15        (I) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public;
18        (J) Habitual or excessive use or abuse of drugs
19    defined in law as controlled substances, alcohol, or any
20    other substance that results in the inability to practice
21    with reasonable judgment, skill, or safety;
22        (K) Discipline by another state, unit of government,
23    government agency, the District of Columbia, territory, or
24    foreign nation, if at least one of the grounds for the
25    discipline is the same or substantially equivalent to
26    those set forth herein;

 

 

SB2517- 12 -LRB102 10394 SPS 15721 b

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

 

 

SB2517- 13 -LRB102 10394 SPS 15721 b

1        (Q) Physical illness, including but not limited to
2    deterioration through the aging process, or loss of motor
3    skill that results in the inability to practice the
4    profession with reasonable judgment, skill, or safety;
5        (R) Solicitation of professional services other than
6    by permitted institutional policy;
7        (S) The use of any words, abbreviations, figures or
8    letters with the intention of indicating practice as an
9    athletic trainer without a valid license as an athletic
10    trainer under this Act;
11        (T) The evaluation or treatment of ailments of human
12    beings other than by the practice of athletic training as
13    defined in this Act or the treatment of injuries of
14    individuals athletes by a licensed athletic trainer except
15    by the referral of a physician or other qualified health
16    care professional , podiatric physician, or dentist;
17        (U) Willfully violating or knowingly assisting in the
18    violation of any law of this State relating to the use of
19    habit-forming drugs;
20        (V) Willfully violating or knowingly assisting in the
21    violation of any law of this State relating to the
22    practice of abortion;
23        (W) Continued practice by a person knowingly having an
24    infectious communicable or contagious disease;
25        (X) Being named as a perpetrator in an indicated
26    report by the Department of Children and Family Services

 

 

SB2517- 14 -LRB102 10394 SPS 15721 b

1    pursuant to the Abused and Neglected Child Reporting Act
2    and upon proof by clear and convincing evidence that the
3    licensee has caused a child to be an abused child or
4    neglected child as defined in the Abused and Neglected
5    Child Reporting Act;
6        (Y) (Blank);
7        (Z) Failure to fulfill continuing education
8    requirements;
9        (AA) Allowing one's license under this Act to be used
10    by an unlicensed person in violation of this Act;
11        (BB) Practicing under a false or, except as provided
12    by law, assumed name;
13        (CC) Promotion of the sale of drugs, devices,
14    appliances, or goods provided in any manner to exploit the
15    client for the financial gain of the licensee;
16        (DD) Gross, willful, or continued overcharging for
17    professional services;
18        (EE) Mental illness or disability that results in the
19    inability to practice under this Act with reasonable
20    judgment, skill, or safety; or
21        (FF) Cheating on or attempting to subvert the
22    licensing examination administered under this Act; .
23        (GG) Failing to maintain complete and accurate records
24    of all treatments rendered; or
25        (HH) Failing to provide copies of medical records as
26    required by law.

 

 

SB2517- 15 -LRB102 10394 SPS 15721 b

1    All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5    (2) The determination by a circuit court that a licensee
6is subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code operates as an automatic suspension. Such suspension will
9end only upon a finding by a court that the licensee is no
10longer subject to involuntary admission or judicial admission
11and issuance of an order so finding and discharging the
12licensee.
13    (3) The Department may refuse to issue or may suspend
14without hearing, as provided for in the Code of Civil
15Procedure, the license of any person who fails to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied in accordance
21with subsection (a) of Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code
23of Illinois.
24    (4) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual who
26is licensed under this Act or any individual who has applied

 

 

SB2517- 16 -LRB102 10394 SPS 15721 b

1for licensure to submit to a mental or physical examination or
2evaluation, or both, which may include a substance abuse or
3sexual offender evaluation, at the expense of the Department.
4The Department shall specifically designate the examining
5physician licensed to practice medicine in all of its branches
6or, if applicable, the multidisciplinary team involved in
7providing the mental or physical examination and evaluation.
8The multidisciplinary team shall be led by a physician
9licensed to practice medicine in all of its branches and may
10consist of one or more or a combination of physicians licensed
11to practice medicine in all of its branches, licensed
12chiropractic physicians, licensed clinical psychologists,
13licensed clinical social workers, licensed clinical
14professional counselors, and other professional and
15administrative staff. Any examining physician or member of the
16multidisciplinary team may require any person ordered to
17submit to an examination and evaluation pursuant to this
18Section to submit to any additional supplemental testing
19deemed necessary to complete any examination or evaluation
20process, including, but not limited to, blood testing,
21urinalysis, psychological testing, or neuropsychological
22testing.
23    The Department may order the examining physician or any
24member of the multidisciplinary team to provide to the
25Department any and all records, including business records,
26that relate to the examination and evaluation, including any

 

 

SB2517- 17 -LRB102 10394 SPS 15721 b

1supplemental testing performed. The Department may order the
2examining physician or any member of the multidisciplinary
3team to present testimony concerning this examination and
4evaluation of the licensee or applicant, including testimony
5concerning any supplemental testing or documents relating to
6the examination and evaluation. No information, report,
7record, or other documents in any way related to the
8examination and evaluation shall be excluded by reason of any
9common law or statutory privilege relating to communication
10between the licensee or applicant and the examining physician
11or any member of the multidisciplinary team. No authorization
12is necessary from the licensee or applicant ordered to undergo
13an evaluation and examination for the examining physician or
14any member of the multidisciplinary team to provide
15information, reports, records, or other documents or to
16provide any testimony regarding the examination and
17evaluation. The individual to be examined may have, at his or
18her own expense, another physician of his or her choice
19present during all aspects of the examination.
20    Failure of any individual to submit to a mental or
21physical examination or evaluation, or both, when directed,
22shall result in an automatic suspension without hearing, until
23such time as the individual submits to the examination. If the
24Department finds a licensee unable to practice because of the
25reasons set forth in this Section, the Department shall
26require the licensee to submit to care, counseling, or

 

 

SB2517- 18 -LRB102 10394 SPS 15721 b

1treatment by physicians approved or designated by the
2Department as a condition for continued, reinstated, or
3renewed licensure.
4    When the Secretary immediately suspends a license under
5this Section, a hearing upon such person's license must be
6convened by the Department within 15 days after the suspension
7and completed without appreciable delay. The Department shall
8have the authority to review the licensee's record of
9treatment and counseling regarding the impairment to the
10extent permitted by applicable federal statutes and
11regulations safeguarding the confidentiality of medical
12records.
13    Individuals licensed under this Act who are affected under
14this Section shall be afforded an opportunity to demonstrate
15to the Department that they can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of their license.
18    (5) (Blank).
19    (6) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency
23to the Department, the Department may refuse to issue or renew
24or may revoke or suspend that person's license or may take
25other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department

 

 

SB2517- 19 -LRB102 10394 SPS 15721 b

1of Healthcare and Family Services in accordance with paragraph
2(5) of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code
4of Illinois.
5(Source: P.A. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)