Illinois General Assembly - Full Text of HB2996
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Full Text of HB2996  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Michael J. Zalewski


See Index

    Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Occupational Therapy Practice Act from January 1, 2014 to January 1, 2024. Amends the Illinois Occupational Therapy Practice Act. Makes changes to Section headings and provisions concerning definitions, civil penalties, administration of Act, the Occupational Therapy Board, applications, examinations, licenses, fees, advertising, discipline, injunctions, investigations, hearings, confidentiality, subpoenas, findings and reports of the Board, restoration of licenses, suspensions, penalties, and home rule. Makes other changes. Effective December 31, 2013.

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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 4.24 and by adding Section 4.34 as follows:
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following



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1Act is repealed on January 1, 2024:
2    The Illinois Occupational Therapy Practice Act.
3    Section 10. The Illinois Occupational Therapy Practice Act
4is amended by changing Sections 2, 3, 3.5, 4, 5, 6, 7, 11,
511.1, 12, 16, 16.5, 18, 19, 19.1, 19.2, 19.3, 19.4, 19.5, 19.6,
619.7, 19.8, 19.9, 19.10, 19.11, 19.13, 19.15, 19.16, 20, and 21
7and by adding Section 19.2a as follows:
8    (225 ILCS 75/2)  (from Ch. 111, par. 3702)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 2. Definitions. In this Act:
11    (1) "Department" means the Department of Financial and
12Professional Regulation.
13    (2) "Secretary" means the Secretary of the Department of
14Financial and Professional Regulation. "Director" means the
15Director of Professional Regulation.
16    (3) "Board" means the Illinois Occupational Therapy
17Licensure Board appointed by the Secretary. Director.
18    (4) " Occupational therapist" means a person initially
19registered and licensed to practice occupational therapy as
20defined in this Act, and whose license is in good standing.
21    (5) "Occupational therapy assistant" means a person
22initially registered and licensed to assist in the practice of
23occupational therapy under the supervision of a licensed
24occupational therapist, and to implement the occupational



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1therapy treatment program as established by the licensed
2occupational therapist. Such program may include training in
3activities of daily living, the use of therapeutic activity
4including task oriented activity to enhance functional
5performance, and guidance in the selection and use of adaptive
7    (6) "Occupational therapy" means the therapeutic use of
8purposeful and meaningful occupations or goal-directed
9activities to evaluate and provide interventions for
10individuals and populations who have a disease or disorder, an
11impairment, an activity limitation, or a participation
12restriction that interferes with their ability to function
13independently in their daily life roles and to promote health
14and wellness. Occupational therapy intervention may include
15any of the following:
16        (a) remediation or restoration of performance
17    abilities that are limited due to impairment in biological,
18    physiological, psychological, or neurological processes;
19        (b) adaptation of task, process, or the environment or
20    the teaching of compensatory techniques in order to enhance
21    performance;
22        (c) disability prevention methods and techniques that
23    facilitate the development or safe application of
24    performance skills; and
25        (d) health promotion strategies and practices that
26    enhance performance abilities.



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1    The licensed occupational therapist or licensed
2occupational therapy assistant may assume a variety of roles in
3his or her career including, but not limited to, practitioner,
4supervisor of professional students and volunteers,
5researcher, scholar, consultant, administrator, faculty,
6clinical instructor, and educator of consumers, peers, and
8    (7) "Occupational therapy services" means services that
9may be provided to individuals and populations including,
10without limitation, the following:
11        (a) evaluating, developing, improving, sustaining, or
12    restoring skills in activities of daily living, work, or
13    productive activities, including instrumental living and
14    play and leisure activities;
15        (b) evaluating, developing, remediating, or restoring
16    sensorimotor, cognitive, or psychosocial components of
17    performance;
18        (c) designing, fabricating, applying, or training in
19    the use of assistive technology or temporary, orthoses and
20    training in the use of orthoses and prostheses;
21        (d) adapting environments and processes, including the
22    application of ergonomic principles, to enhance
23    performance and safety in daily life roles;
24        (e) for the occupational therapist or occupational
25    therapy assistant possessing advanced training, skill, and
26    competency as demonstrated through examinations that shall



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1    be determined by the Department, applying physical agent
2    modalities as an adjunct to or in preparation for
3    engagement in occupations;
4        (f) evaluating and providing intervention in
5    collaboration with the client, family, caregiver, or
6    others;
7        (g) educating the client, family, caregiver, or others
8    in carrying out appropriate nonskilled interventions; and
9        (h) consulting with groups, programs, organizations,
10    or communities to provide population-based services.
11    (8) "An aide in occupational therapy" means an individual
12who provides supportive services to occupational therapists or
13occupational therapy assistants but who is not certified by a
14nationally recognized occupational therapy certifying or
15licensing body.
16    (9) "Address of record" means the designated address
17recorded by the Department in the applicant's or licensee's
18application file or license file as maintained by the
19Department's licensure maintenance unit. It is the duty of the
20applicant or licensee to inform the Department of any change of
21address, and those changes must be made either through the
22Department's website or by contacting the Department.
23(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651,
24eff. 7-11-02; 93-461, eff. 8-8-03.)
25    (225 ILCS 75/3)  (from Ch. 111, par. 3703)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 3. Licensure requirement; exempt activities. After
3the effective date of this Act, no person shall practice
4occupational therapy or hold himself out as an occupational
5therapist or an occupational therapy assistant, or as being
6able to practice occupational therapy or to render services
7designated as occupational therapy in this State, unless he is
8licensed in accordance with the provisions of 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 in this State by any other law from
12engaging in the profession or occupation for which he is
13licensed; or
14    (2) Any person employed as an occupational therapist or
15occupational therapy assistant by the Government of the United
16States, if such person provides occupational therapy solely
17under the direction or control of the organization by which he
18or she is employed; or
19    (3) Any person pursuing a course of study leading to a
20degree or certificate in occupational therapy at an accredited
21or approved educational program if such activities and services
22constitute a part of a supervised course of study, and if such
23person is designated by a title which clearly indicates his or
24her status as a student or trainee; or
25    (4) Any person fulfilling the supervised work experience
26requirements of Sections 8 and 9 of this Act, if such



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1activities and services constitute a part of the experience
2necessary to meet the requirement of those Sections; or
3    (5) Any person performing occupational therapy services in
4the State, if such a person is not a resident of this State and
5is not licensed under this Act, and if such services are
6performed for no more than 60 days a calendar year in
7association with an occupational therapist licensed under this
8Act and if such person meets the qualifications for license
9under this Act and:
10        (i) such person is licensed under the law of another
11    state which has licensure requirements at least as
12    restrictive as the requirements of this Act, or
13        (ii) such person meets the requirements for
14    certification as an Occupational Therapist Registered
15    (O.T.R.) or a Certified Occupational Therapy Assistant
16    (C.O.T.A.) established by the National Board for
17    Certification of Occupational Therapy or another
18    nationally recognized credentialing body approved by the
19    Board; or
20    (6) The practice of occupational therapy by one who has
21applied in writing to the Department for a license, in form and
22substance satisfactory to the Department, and has complied with
23all the provisions of either Section 8 or 9 except the passing
24of the examination to be eligible to receive such license. In
25no event shall this exemption extend to any person for longer
26than 6 months, except as follows:



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1        (i) if the date on which a person can take the next
2    available examination authorized by the Department extends
3    beyond 6 months from the date the person completes the
4    occupational therapy program as required under Section 8 or
5    9, the Department shall extend the exemption until the
6    results of that examination become available to the
7    Department; or
8        (ii) if the Department is unable to complete its
9    evaluation and processing of a person's application for a
10    license within 6 months after the date on which the
11    application is submitted to the Department in proper form,
12    the Department shall extend the exemption until the
13    Department has completed its evaluation and processing of
14    the application.
15    In the event such applicant fails the examination, the
16applicant shall cease work immediately until such time as the
17applicant is licensed to practice occupational therapy in this
19    (7) The practice of occupational therapy by one who has
20applied to the Department, in form and substance satisfactory
21to the Department, and who is licensed to practice occupational
22therapy under the laws of another state, territory of the
23United States or country and who is qualified to receive a
24license under the provisions of either Section 8 or 9 of this
25Act. In no event shall this exemption extend to any person for
26longer than 6 months.



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1    (8) The practice of occupational therapy by one who has
2applied to the Department, in form and substance satisfactory
3to the Department, and who is qualified to receive a license
4under the provisions of either Section 8 or 9 of this Act. In
5no event shall this exemption extend to any person for longer
6than 6 months.
7(Source: P.A. 93-461, eff. 8-8-03.)
8    (225 ILCS 75/3.5)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 3.5. Unlicensed practice; violation; civil penalty.
11    (a) In addition to any other penalty provided by law, any
12Any person who practices, offers to practice, attempts to
13practice, or holds oneself out to practice as an occupational
14therapist or assistant without being licensed under this Act
15shall, in addition to any other penalty provided by law, pay a
16civil penalty to the Department in an amount not to exceed
17$10,000 $5,000 for each offense as determined by the Department
18and the assessment of costs as provided under Section 19.3. The
19civil penalty shall be assessed by the Department after a
20hearing is held in accordance with the provisions set forth in
21this Act regarding the provision of a hearing for the
22discipline of a licensee.
23    (b) The Department has the authority and power to
24investigate any and all unlicensed activity.
25    (c) The civil penalty shall be paid within 60 days after



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1the effective date of the order imposing the civil penalty. The
2order shall constitute a judgment and may be filed and
3execution had thereon in the same manner as any judgment from
4any court of record.
5(Source: P.A. 89-474, eff. 6-18-96.)
6    (225 ILCS 75/4)  (from Ch. 111, par. 3704)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 4. Administration of Act; rules and forms.
9    (a) The Department shall exercise the powers and duties
10prescribed by the Civil Administrative Code of Illinois for the
11administration of licensing Acts and shall exercise such other
12powers and duties necessary for effectuating the purposes of
13this Act.
14    (b) The Secretary may Director shall promulgate rules
15consistent with the provisions of this Act for the
16administration and enforcement thereof, and for the payment of
17fees connected therewith, and may prescribe forms which shall
18be issued in connection therewith. The rules may shall include
19but not be limited to the standards and criteria for licensure
20and professional conduct and discipline; the standards and
21criteria used in determining when oral interviews will be
22conducted; the standards and criteria used when determining
23fitness to practice therapy; and the procedures followed in
24oral interviews. The Department may shall consult with the
25Board in promulgating rules. Notice of proposed rulemaking



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1shall be transmitted to the Board and the Department shall
2review the Board's response and any recommendations made
3therein. The Department shall notify the Board in writing with
4proper explanation of deviations from the Board's
5recommendations and responses.
6    (c) The Department may at any time seek the advice and the
7expert knowledge of the Board on any matter relating to the
8administration of this Act.
9    (d) The Department shall issue quarterly a report to the
10Board of the status of all complaints related to the profession
11filed with the Department.
12(Source: P.A. 84-793.)
13    (225 ILCS 75/5)  (from Ch. 111, par. 3705)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 5. Occupational Therapy Board. The Secretary Director
16shall appoint an Illinois Occupational Therapy Licensure Board
17as follows: 7 persons who shall be appointed by and shall serve
18in an advisory capacity to the Secretary. Director. Four One
19member must be a physician licensed to practice medicine in all
20of its branches; 3 members must be licensed occupational
21therapists in good standing, and actively engaged in the
22practice of occupational therapy in this State; 2 members must
23be licensed occupational therapy assistants in good standing
24and actively engaged in the practice of occupational therapy in
25this State; and 1 member must be a public member who is not



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1licensed under this Act, or a similar Act of another
2jurisdiction, and is not a provider of health care service.
3    Members shall serve 4 year terms and until their successors
4are appointed and qualified. No member shall be appointed under
5this or any prior Act to the Board for service which would
6constitute more than 2 full terms. Appointments to fill
7vacancies shall be made in the same manner as original
8appointments, for the unexpired portion of the vacated term.
9Initial terms shall begin upon the effective date of this Act.
10    The membership of the Board should reasonably reflect
11representation from the geographic areas in this State.
12    The Secretary shall have the authority to remove or suspend
13any member of the Board for cause at any time before the
14expiration of his or her term. The Secretary shall be the sole
15arbiter of cause. Director may terminate the appointment of any
16member for cause which in the opinion of the Director
17reasonably justifies such termination.
18    The Secretary Director shall consider the recommendations
19of the Board on questions involving standards of professional
20conduct, discipline and qualifications of candidates and
21license holders under this Act.
22    Four members of the Board shall constitute a quorum. A
23quorum is required for all Board decisions.
24    Members of the Board have no liability in any action based
25upon any disciplinary proceeding or other activity performed in
26good faith as a member of the Board.



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1    Members of the Board shall be reimbursed for all
2legitimate, necessary, and authorized expenses incurred in
3attending the meetings of the Board.
4(Source: P.A. 93-461, eff. 8-8-03.)
5    (225 ILCS 75/6)  (from Ch. 111, par. 3706)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 6. Applications for original licensure. Applications
8for original licensure shall be made to the Department in
9writing on forms prescribed by the Department and shall be
10accompanied by the required fee, which shall not be returnable.
11Any such application shall require such information as in the
12judgment of the Department will enable the Department to pass
13on the qualifications of the applicant for licensure.
14Applicants have 3 years from the date of application to
15complete the application process. If the process has not been
16completed within 3 years, the application shall be denied, the
17fee forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19(Source: P.A. 83-696.)
20    (225 ILCS 75/7)  (from Ch. 111, par. 3707)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 7. Examinations. The Department shall authorize
23examinations of applicants for a license under this Act at the
24times at least annually and at such time and place as it may



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1designate. The examination shall be of a character to give a
2fair test of the qualifications of the applicant to practice
3occupational therapy.
4    Applications for examination as occupational therapists
5and occupational therapy assistants shall be required to pay,
6either to the Department or the designated testing service, a
7fee covering the cost of providing the examination. Failure to
8appear for the examination on the scheduled date, at the time
9and place specified, after the applicant's application for
10examination has been received and acknowledged by the
11Department or the designated testing service, shall result in
12the forfeiture of the examination fee.
13    If an applicant neglects, fails or refuses to take the
14examination within 90 days after the date the Confirmation of
15Examination and Eligibility to Examine Notice is issued or
16fails to pass an examination for certification under this Act,
17the application shall be denied. If an applicant fails to pass
18an examination for registration under this Act within 3 years
19after filing his application, the application shall be denied.
20The applicant may thereafter make a new application accompanied
21by the required fee, however, the applicant shall meet all
22requirements in effect at the time of subsequent application
23before obtaining licensure.
24    The Department may employ consultants for the purposes of
25preparing and conducting examinations.
26(Source: P.A. 93-461, eff. 8-8-03.)



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1    (225 ILCS 75/11)  (from Ch. 111, par. 3711)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 11. Expiration and renewal; restoration; military
5    (a) The expiration date and renewal period for each
6certificate issued under this Act shall be set by rule.
7    (b) Any occupational therapist or occupational therapy
8assistant who has permitted his or her license to expire or who
9has had his or her license on inactive status may have his or
10her license restored by making application to the Department,
11by and filing proof acceptable to the Department of his fitness
12to have his license restored, by paying the required fee, and
13by showing proof of compliance with any continuing education
14requirements. Proof The Department may consider a certificate
15expired less than 5 years as prima facie evidence that the
16applicant is fit. If the applicant's license has expired or
17been placed on inactive status, proof of fitness may include
18sworn evidence certifying to active practice in another
19jurisdiction satisfactory to the Department and by paying the
20required restoration fee.
21    If the occupational therapist or occupational therapy
22assistant has not maintained an active practice in another
23jurisdiction satisfactory to the Department, the Department
24shall determine, by an evaluation program established by rule,
25his fitness to resume active status and shall establish



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1procedures and requirements for restoration. may require the
2occupational therapist or occupational therapy assistant to
3successfully complete a practice examination.
4    (c) However, any occupational therapist or occupational
5therapy assistant whose license expired while he was (1) in
6Federal Service on active duty with the Armed Forces of the
7United States, or the State Militia called into service or
8training, or (2) in training or education under the supervision
9of the United States preliminary to induction into the military
10service, may have his or her license certificate renewed or
11restored without paying any lapsed renewal fees if within 2
12years after honorable termination of such service, training or
13education except under conditions other than honorable, he or
14she furnishes furnished the Department with satisfactory
15evidence to the effect that he or she has been so engaged and
16that his or her service, training, or education has been so
18(Source: P.A. 93-461, eff. 8-8-03.)
19    (225 ILCS 75/11.1)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 11.1. Continuing education requirement. As a
22condition for renewal of a license, licensees shall be required
23to complete continuing education in occupational therapy in
24accordance with rules established by the Department. All
25renewal applicants shall provide proof of having met the



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1continuing competency requirements set forth in the rules of
2the Department. The Department shall provide by rule for an
3orderly process for the reinstatement of licenses that have not
4been renewed for failure to meet the continuing competency
5requirements. The continuing competency requirements may be
6waived in cases of extreme hardship as defined by rule.
7    The Department shall establish by rule a means for
8verifying the completion of the continuing competency required
9by this Section. This verification may be accomplished through
10audits of records maintained by licensees, by requiring the
11filing of continuing competency certificates with the
12Department, or by any other means established by the
14(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
15    (225 ILCS 75/12)  (from Ch. 111, par. 3712)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 12. Inactive status; restoration. Any occupational
18therapist or occupational therapy assistant who notifies the
19Department in writing on forms prescribed by the Department,
20may elect to place his license on an inactive status and shall,
21subject to rules of the Department, be excused from payment of
22renewal fees until he notifies the Department in writing of his
23desire to resume active status.
24    Any occupational therapist or occupational therapy
25assistant requesting restoration from inactive or expired



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1status shall be required to pay the current renewal fee,
2demonstrate compliance with continuing education requirements,
3if any, and shall be required to restore his license as
4provided in Section 11.
5    Any occupational therapist or occupational therapy
6assistant whose license is in expired or an inactive status
7shall not practice occupational therapy in the State of
9(Source: P.A. 83-696.)
10    (225 ILCS 75/16)  (from Ch. 111, par. 3716)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 16. Fees; returned checks. The fees for the
13administration and enforcement of this Act, including but not
14limited to, original certification, renewal, and restoration
15of a license issued under this Act, shall be set by rule. The
16fees shall be non-refundable.
17    Any person who delivers a check or other payment to the
18Department that is returned to the Department unpaid by the
19financial institution upon which it is drawn shall pay to the
20Department, in addition to the amount already owed to the
21Department, a fine of $50. The fines imposed by this Section
22are in addition to any other discipline provided under this Act
23for unlicensed practice or practice on a nonrenewed license.
24The Department shall notify the person that payment of fees and
25fines shall be paid to the Department by certified check or



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1money order within 30 calendar days of the notification. If,
2after the expiration of 30 days from the date of the
3notification, the person has failed to submit the necessary
4remittance, the Department shall automatically terminate the
5license or certificate or deny the application, without
6hearing. If, after termination or denial, the person seeks a
7license or certificate, he or she shall apply to the Department
8for restoration or issuance of the license or certificate and
9pay all fees and fines due to the Department. The Department
10may establish a fee for the processing of an application for
11restoration of a license or certificate to pay all expenses of
12processing this application. The Secretary Director may waive
13the fines due under this Section in individual cases where the
14Secretary Director finds that the fines would be unreasonable
15or unnecessarily burdensome.
16    However, any person whose license has expired while he has
17been engaged (1) in federal or state service active duty, or
18(2) in training or education under the supervision of the
19United States preliminary to induction into the military
20service, may have his license renewed, reinstated or restored
21without paying any lapsed renewal and restoration fees, if
22within 2 years after termination of such service, training or
23education other than by dishonorable discharge, he furnishes
24the Department with satisfactory proof that he has been so
25engaged and that his service, training or education has been so



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1(Source: P.A. 92-146, eff. 1-1-02.)
2    (225 ILCS 75/16.5)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 16.5. Deposit of fees and fines. All Beginning July 1,
51995, all of the fees, penalties, and fines collected under
6this Act shall be deposited into the General Professions
7Dedicated Fund and shall be appropriated to the Department for
8the ordinary and contingent expenses of the Department in the
9administration of this Act.
10(Source: P.A. 88-683, eff. 1-24-95.)
11    (225 ILCS 75/18)  (from Ch. 111, par. 3718)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 18. Advertising.
14    (a) Any person licensed under this Act may advertise the
15availability of professional services in the public media or on
16the premises where such professional services are rendered as
17permitted by law, on the condition that such advertising is
18truthful and not misleading and is in conformity with rules
19promulgated by the Department. Advertisements shall not
20include false, fraudulent, deceptive, or misleading material
21or guarantees of success.
22    (b) A licensee shall include in every advertisement for
23services regulated under this Act his or her title as it
24appears on the license or the initials authorized under this



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2(Source: P.A. 91-310, eff. 1-1-00.)
3    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 19. Grounds for discipline.
6    (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand or take other
8disciplinary or non-disciplinary action as the Department may
9deem proper, including imposing fines not to exceed $10,000
10$2,500 for each violation and the assessment of costs as
11provided under Section 19.3 of this Act, with regard to any
12license for any one or combination of the following:
13        (1) Material misstatement in furnishing information to
14    the Department;
15        (2) Violations of Wilfully violating this Act, or of
16    the rules promulgated thereunder;
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States that is
23    (i) a felony or (ii) a misdemeanor, an essential element of
24    which is dishonesty, or that is directly related to the
25    practice of the profession; of any crime under the laws of



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1    the United States or any state or territory thereof which
2    is a felony or which is a misdemeanor, an essential element
3    of which is dishonesty, or of any crime which is directly
4    related to the practice of occupational therapy;
5        (4) Fraud or Making any misrepresentation in applying
6    for or procuring a license under this Act, or in connection
7    with applying for renewal of a license under this Act; for
8    the purpose of obtaining certification, or violating any
9    provision of this Act or the rules promulgated thereunder
10    pertaining to advertising;
11        (5) Professional incompetence; Having demonstrated
12    unworthiness, or incompetency to act as an occupational
13    therapist or occupational therapy assistant in such manner
14    as to safeguard the interest of the public;
15        (6) Aiding Wilfully aiding or assisting another
16    person, firm, partnership or corporation in violating any
17    provision of this Act or rules;
18        (7) Failing, within 60 days, to provide information in
19    response to a written request made by the Department;
20        (8) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public;
23        (9) Habitual or excessive use or abuse of drugs defined
24    in law as controlled substances, alcohol, or any other
25    substance that results in the inability to practice with
26    reasonable judgment, skill, or safety; intoxication or



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1    addiction to the use of drugs;
2        (10) Discipline by another state, unit of government,
3    government agency, the District of Columbia, a territory,
4    or foreign nation, if at least one of the grounds for the
5    discipline is the same or substantially equivalent to those
6    set forth herein;
7        (11) Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership, or association
9    any fee, commission, rebate or other form of compensation
10    for professional services not actually or personally
11    rendered. Nothing in this paragraph (11) affects any bona
12    fide independent contractor or employment arrangements
13    among health care professionals, health facilities, health
14    care providers, or other entities, except as otherwise
15    prohibited by law. Any employment arrangements may include
16    provisions for compensation, health insurance, pension, or
17    other employment benefits for the provision of services
18    within the scope of the licensee's practice under this Act.
19    Nothing in this paragraph (11) shall be construed to
20    require an employment arrangement to receive professional
21    fees for services rendered;
22        (12) A finding by the Department that the license
23    holder, after having his license disciplined, has violated
24    the terms of the discipline;
25        (13) Wilfully making or filing false records or reports
26    in the practice of occupational therapy, including but not



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1    limited to false records filed with the State agencies or
2    departments;
3        (14) Physical illness, including but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in the inability to practice under this
6    Act the profession with reasonable judgment, skill, or
7    safety;
8        (15) Solicitation of professional services other than
9    by permitted advertising;
10        (16) Allowing one's license under this Act to be used
11    by an unlicensed person in violation of this Act; Wilfully
12    exceeding the scope of practice customarily undertaken by
13    persons licensed under this Act, which conduct results in,
14    or may result in, harm to the public;
15        (17) Practicing under a false or, except as provided by
16    law, assumed name; Holding one's self out to practice
17    occupational therapy under any name other than his own or
18    impersonation of any other occupational therapy licensee;
19        (18) Professional incompetence or gross Gross
20    negligence;
21        (19) Malpractice;
22        (20) Promotion of the sale of drugs, devices,
23    appliances, or goods provided for a patient in any manner
24    to exploit the client for financial gain of the licensee;
25    Obtaining a fee in money or gift in kind of any other items
26    of value or in the form of financial profit or benefit as



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1    personal compensation, or as compensation, or charge,
2    profit or gain for an employer or for any other person or
3    persons, on the fraudulent misrepresentation that a
4    manifestly incurable condition of sickness, disease or
5    injury to any person can be cured;
6        (21) Gross, willful, or continued overcharging for
7    professional services; Accepting commissions or rebates or
8    other forms of remuneration for referring persons to other
9    professionals;
10        (22) Mental illness or disability that results in the
11    inability to practice under this Act with reasonable
12    judgment, skill, or safety; Failure to file a return, or to
13    pay the tax, penalty or interest shown in a filed return,
14    or to pay any final assessment of tax, penalty or interest,
15    as required by any tax Act administered by the Illinois
16    Department of Revenue, until such time as the requirements
17    of any such tax Act are satisfied;
18        (23) Violating the Health Care Worker Self-Referral
19    Act; and
20        (24) Having treated patients other than by the practice
21    of occupational therapy as defined in this Act, or having
22    treated patients as a licensed occupational therapist
23    independent of a referral from a physician, advanced
24    practice nurse or physician assistant in accordance with
25    Section 3.1, dentist, podiatrist, or optometrist, or
26    having failed to notify the physician, advanced practice



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1    nurse, physician assistant, dentist, podiatrist, or
2    optometrist who established a diagnosis that the patient is
3    receiving occupational therapy pursuant to that
4    diagnosis. ;
5        (25) Cheating on or attempting to subvert the licensing
6    examination administered under this Act; and
7        (26) Charging for professional services not rendered,
8    including filing false statements for the collection of
9    fees for which services are not rendered.
10    All fines imposed under this Section shall be paid within
1160 days after the effective date of the order imposing the fine
12or in accordance with the terms set forth in the order imposing
13the fine.
14    (b) The determination by a circuit court that a license
15holder is subject to involuntary admission or judicial
16admission as provided in the Mental Health and Developmental
17Disabilities Code, as now or hereafter amended, operates as an
18automatic suspension. Such suspension will end only upon a
19finding by a court that the patient is no longer subject to
20involuntary admission or judicial admission, and an order by
21the court so finding and discharging the patient. In any case
22where a license is suspended under this provision, the licensee
23shall file a petition for restoration and shall include
24evidence acceptable to the Department that the licensee can
25resume practice in compliance with acceptable and prevailing
26standards of their profession. , and the recommendation of the



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1Board to the Director that the license holder be allowed to
2resume his practice.
3    (c) The Department may refuse to issue or may suspend
4without hearing, as provided for in the Code of Civil
5Procedure, take disciplinary action concerning the license of
6any person who fails to file a return, to pay the tax, penalty,
7or interest shown in a filed return, or to pay any final
8assessment of tax, penalty, or interest as required by any tax
9Act administered by the Illinois Department of Revenue, until
10such time as the requirements of any such tax Act are satisfied
11in accordance with subsection (a) of Section 2105-15 of the
12Civil Administrative Code of Illinois. as determined by the
13Department of Revenue.
14    (d) In enforcing this Section, the Department, upon a
15showing of a possible violation, may compel any individual who
16is licensed under this Act or any individual who has applied
17for licensure to submit to a mental or physical examination or
18evaluation, or both, which may include a substance abuse or
19sexual offender evaluation, at the expense of the Department.
20The Department shall specifically designate the examining
21physician licensed to practice medicine in all of its branches
22or, if applicable, the multidisciplinary team involved in
23providing the mental or physical examination and evaluation.
24The multidisciplinary team shall be led by a physician licensed
25to practice medicine in all of its branches and may consist of
26one or more or a combination of physicians licensed to practice



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



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1is necessary from the licensee or applicant ordered to undergo
2an evaluation and examination for the examining physician or
3any member of the multidisciplinary team to provide
4information, reports, records, or other documents or to provide
5any testimony regarding the examination and evaluation. The
6individual to be examined may have, at his or her own expense,
7another physician of his or her choice present during all
8aspects of the examination.
9    Failure of any individual to submit to mental or physical
10examination or evaluation, or both, when directed, shall result
11in an automatic suspension without hearing, until such time as
12the individual submits to the examination. If the Department
13finds a licensee unable to practice because of the reasons set
14forth in this Section, the Department shall require the
15licensee to submit to care, counseling, or treatment by
16physicians approved or designated by the Department as a
17condition for continued, reinstated, or renewed licensure.
18    When the Secretary immediately suspends a license under
19this Section, a hearing upon such person's license must be
20convened by the Department within 15 days after the suspension
21and completed without appreciable delay. The Department shall
22have the authority to review the licensee's record of treatment
23and counseling regarding the impairment to the extent permitted
24by applicable federal statutes and regulations safeguarding
25the confidentiality of medical records.
26    Individuals licensed under this Act that are affected under



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1this Section, shall be afforded an opportunity to demonstrate
2to the Department that they can resume practice in compliance
3with acceptable and prevailing standards under the provisions
4of their license. In enforcing this Section, the Board, upon a
5showing 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
8examining physicians or clinical psychologists shall be those
9specifically designated by the Board. The Board or the
10Department may order (i) the examining physician to present
11testimony concerning the mental or physical examination of a
12licensee or applicant or (ii) the examining clinical
13psychologist to present testimony concerning the mental
14examination of a licensee or applicant. No information shall be
15excluded by reason of any common law or statutory privilege
16relating to communications between a licensee or applicant and
17the examining physician or clinical psychologist. An
18individual to be examined may have, at his or her own expense,
19another physician or clinical psychologist of his or her choice
20present during all aspects of the examination. Failure of an
21individual to submit to a mental or physical examination, when
22directed, is grounds for suspension of his or her license. The
23license must remain suspended until the person submits to the
24examination or the Board finds, after notice and hearing, that
25the refusal to submit to the examination was with reasonable



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1    If the Board finds an individual unable to practice because
2of the reasons set forth in this Section, the Board must
3require the individual to submit to care, counseling, or
4treatment by a physician or clinical psychologist approved by
5the Board, as a condition, term, or restriction for continued,
6reinstated, or renewed licensure to practice. In lieu of care,
7counseling, or treatment, the Board may recommend that the
8Department file a complaint to immediately suspend or revoke
9the license of the individual or otherwise discipline the
11    Any individual whose license was granted, continued,
12reinstated, or renewed subject to conditions, terms, or
13restrictions, as provided for in this Section, or any
14individual who was disciplined or placed on supervision
15pursuant to this Section must be referred to the Director for a
16determination as to whether the person shall have his or her
17license suspended immediately, pending a hearing by the Board.
18    (e) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with paragraph (5) of
23subsection (a) of Section 2105-15 of the Civil Administrative
24Code of Illinois.
25    (f) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential



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1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with paragraph (5)
8of subsection (a) of Section 1205-15 of the Civil
9Administrative Code of Illinois.
10(Source: P.A. 96-1482, eff. 11-29-10.)
11    (225 ILCS 75/19.1)  (from Ch. 111, par. 3720)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 19.1. Injunctive relief; order to cease and desist.
14(a) If any person violates the provisions of this Act, the
15Secretary Director may, in the name of the People of the State
16of Illinois, through the Attorney General of the State of
17Illinois or the State's Attorney of the county in which the
18violation is alleged to have occurred, petition for an order
19enjoining such violation or for an order enforcing compliance
20with this Act. Upon the filing of a verified petition in such
21court, the court may issue a temporary restraining order,
22without notice or bond, and may preliminarily and permanently
23enjoin such violation. If it is established that such person
24has violated or is violating the injunction, the court may
25punish the offender for contempt of court. Proceedings under



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1this Section shall be in addition to, and not in lieu of, all
2other remedies and penalties provided by this Act.
3    (b) If any person practices shall practice as an
4occupational therapist or an occupational therapy assistant or
5holds himself or herself hold himself out as such without being
6licensed under the provisions of this Act then any person
7licensed under this Act, any interested party or any person
8injured thereby may, in addition to the Secretary Director,
9petition for relief as provided in subsection (a).
10    (c) Whenever in the opinion of the Department any person
11violates any provision of this Act, the Department may issue a
12rule to show cause why an order to cease and desist should not
13be entered against him or her. The rule shall clearly set forth
14the grounds relied upon by the Department and shall provide a
15period of 7 days from the date of the rule to file an answer to
16the satisfaction of the Department. Failure to answer to the
17satisfaction of the Department shall cause an order to cease
18and desist to be issued forthwith.
19(Source: P.A. 83-696.)
20    (225 ILCS 75/19.2)  (from Ch. 111, par. 3721)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 19.2. Investigations; notice and hearing. The
23Department may investigate the actions of any applicant or of
24any person or person holding or claiming to hold a license. The
25Department shall, before refusing to issue, renew, or



HB2996- 34 -LRB098 10815 MGM 41283 b

1discipline taking action under Section 19 against a licensee or
2applicant, at least 30 days prior to the date set for the
3hearing, notify the applicant or licensee in writing the
4applicant for, or holder of, a license of the nature of the
5charges and the time and place for , that a hearing on the
6charges. will be held on the date designated, and The
7Department shall direct the applicant or licensee applicant or
8licensee to file a written answer to the charges with the Board
9under oath within 20 days after the service of the notice and
10inform the accused applicant or licensee that failure to file
11an answer will result in default being taken against the
12applicant or licensee. At the time and place fixed in the
13notice, the Department shall proceed to hear the charges and
14the parties or their counsel shall be accorded ample
15opportunity to present any pertinent statements, testimony,
16evidence, and arguments. The Department may continue the
17hearing from time to time. In case the person, after receiving
18the notice, fails to file an answer, his or her license may, in
19the discretion of the Department, be revoked, suspended, placed
20on probationary status, or the Department may take whatever
21disciplinary action considered proper, including limiting the
22scope, nature, or extent of the person's practice or the
23imposition of a fine, without a hearing, if the act or acts
24charged constitute sufficient grounds for that action under the
25Act. The written notice and any notice in the subsequent
26proceeding may be served by registered or certified mail to the



HB2996- 35 -LRB098 10815 MGM 41283 b

1licensee's address of record. applicant or licensee and that
2the license or certificate may be suspended, revoked, placed on
3probationary status, or other disciplinary action may be taken,
4including limiting the scope, nature or extent of practice, as
5the Director may deem proper. Written notice may be served by
6personal delivery or certified or registered mail to the
7respondent at the address of his last notification to the
8Department. In case the person fails to file an answer after
9receiving notice, his or her license or certificate may, in the
10discretion of the Department, be suspended, revoked, or placed
11on probationary status, or the Department may take whatever
12disciplinary action deemed proper, including limiting the
13scope, nature, or extent of the person's practice or the
14imposition of a fine, without a hearing, if the act or acts
15charged constitute sufficient grounds for such action under
16this Act. At the time and place fixed in the notice, the Board
17shall proceed to hear the charges and the parties or their
18counsel shall be accorded ample opportunity to represent such
19statements, testimony, evidence and argument as may be
20pertinent to the charges or to their defense. The Board may
21continue the hearing from time to time.
22(Source: P.A. 87-1031; 88-424.)
23    (225 ILCS 75/19.2a new)
24    Sec. 19.2a. Confidentiality. All information collected by
25the Department in the course of an examination or investigation



HB2996- 36 -LRB098 10815 MGM 41283 b

1of a licensee or applicant, including, but not limited to, any
2complaint against a licensee filed with the Department and
3information collected to investigate any such complaint, shall
4be maintained for the confidential use of the Department and
5shall not be disclosed. The Department may not disclose the
6information to anyone other than law enforcement officials,
7other regulatory agencies that have an appropriate regulatory
8interest as determined by the Secretary, or to a party
9presenting a lawful subpoena to the Department. Information and
10documents disclosed to a federal, State, county, or local law
11enforcement agency shall not be disclosed by the agency for any
12purpose to any other agency or person. A formal complaint filed
13against a licensee by the Department or any order issued by the
14Department against a licensee or applicant shall be a public
15record, except as otherwise prohibited by law.
16    (225 ILCS 75/19.3)  (from Ch. 111, par. 3722)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 19.3. Record of proceedings. The department, at its
19expense, shall preserve a record of all proceedings at the
20formal hearing of any case involving the refusal to issue or
21renew, or the taking of disciplinary action against, a license.
22The notice of hearing, complaint and all other documents in the
23nature of pleadings and written motions filed in the
24proceedings, the transcript of testimony, the report of the
25Board and orders of the Department, shall be the record of such



HB2996- 37 -LRB098 10815 MGM 41283 b

1proceedings. Any licensee who is found to have violated this
2Act or who fails to appear for a hearing to refuse to issue,
3restore, or renew a license or to discipline a licensee may be
4required by the Department to pay for the costs of the
5proceeding. These costs are limited to costs for court
6reporters, transcripts, and witness attendance and mileage
7fees. All costs imposed under this Section shall be paid within
860 days after the effective date of the order imposing the
10(Source: P.A. 83-696.)
11    (225 ILCS 75/19.4)  (from Ch. 111, par. 3723)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 19.4. Subpoenas; oaths. The Department may shall have
14the power to subpoena and bring before it any person in this
15State and to take the oral or written testimony or compel the
16production of any books, papers, records, or any other
17documents that the Secretary or his or her designee deems
18relevant or material to an investigation or hearing conducted
19by the Department either orally or by deposition, or both, with
20the same fees and mileage and in the same manner as prescribed
21by law in judicial procedure in civil cases in courts of this
23    The Secretary Director, the designated hearing officer,
24any and every member of the Board, or a certified shorthand
25court reporter may shall have power to administer oaths to



HB2996- 38 -LRB098 10815 MGM 41283 b

1witness at any hearing which the Department conducts. is
2authorized by law to conduct, and any other oaths required or
3authorized in any Act administered by the Department.
4Notwithstanding any other statute or Department rule to the
5contrary, all requests for testimony or production of documents
6or records shall be in accordance with this Act.
7(Source: P.A. 83-696.)
8    (225 ILCS 75/19.5)  (from Ch. 111, par. 3724)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 19.5. Attendance of witnesses; contempt. Any circuit
11court may, upon application of the Department or its designee,
12or the applicant or licensee, may against whom proceedings
13under Section 19 are pending, enter an order requiring the
14attendance and testimony of witnesses and their testimony, and
15the production of relevant documents, papers, files, books, and
16records in connection with any hearing or investigation. The
17court may compel obedience to its order by proceedings for
19(Source: P.A. 83-696.)
20    (225 ILCS 75/19.6)  (from Ch. 111, par. 3725)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 19.6. Findings of Board. At the conclusion of the
23hearing the Board shall present to the Secretary Director a
24written report of its findings of fact, conclusions of law, and



HB2996- 39 -LRB098 10815 MGM 41283 b

1recommendations. The report shall contain a finding whether or
2not the accused person violated this Act or failed to comply
3with the conditions required in this Act. The Board shall
4specify the nature of the violation or failure to comply, and
5shall make its recommendations to the Secretary Director. The
6report of findings of fact, conclusions of law and
7recommendations of the Board may be the basis for the
8Department's order for refusing to issue, restore, or renew a
9license or otherwise disciplining a licensee. action regarding
10a certificate. If the Secretary Director disagrees in any
11regard with the report of the Board he may issue an order in
12contravention thereof. The Director shall provide to the Board
13a written explanation for any deviation and shall specify with
14particularity the reasons for such action in the final order.
15The finding is not admissible in evidence against the person in
16a criminal prosecution brought for the violation of this Act,
17but the hearing and findings are not a bar to a criminal
18prosecution brought for the violation of this Act.
19(Source: P.A. 88-424.)
20    (225 ILCS 75/19.7)  (from Ch. 111, par. 3726)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 19.7. Report of Board; motion for rehearing. In any
23case involving the refusal to issue or renew, or the taking of
24disciplinary action against, a license, a copy of the Board's
25report shall be served upon the respondent by the Department as



HB2996- 40 -LRB098 10815 MGM 41283 b

1provided in this Act for the service of the notice of hearing.
2Within 20 days after such service, the respondent may present
3to the Department a motion in writing for a rehearing, which
4motion shall specify the particular grounds therefor. If no
5motion for rehearing is filed, then upon the expiration of the
6time specified for filing such a motion, or if a motion for
7rehearing is denied, then upon such denial the Secretary
8Director may enter an order in accordance with recommendations
9of the Board except as provided in Section 19.6. If the
10respondent shall order from the reporting service, and pays pay
11for a transcript of the record within the time for filing a
12motion for rehearing, the 20 day period within which such a
13motion may be filed shall commence upon the delivery of the
14transcript to the respondent.
15(Source: P.A. 83-696.)
16    (225 ILCS 75/19.8)  (from Ch. 111, par. 3727)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 19.8. Rehearing. Whenever the Secretary Director is
19satisfied that substantial justice has not been done in the
20revocation or suspension of, or the refusal to issue or renew,
21a license, the Secretary Director may order a rehearing by the
22Board or a designated hearing officer.
23(Source: P.A. 83-696.)
24    (225 ILCS 75/19.9)  (from Ch. 111, par. 3728)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 19.9. Appointment of hearing officer. The Secretary
3Notwithstanding the provisions of Section 19.2, the Director
4shall have the authority to appoint any attorney duly licensed
5to practice law in the State of Illinois to serve as the
6hearing officer in any action involving a refusal to issue or
7renew, or the taking of disciplinary action against a license.
8The Director shall notify the Board of such appointment. The
9hearing officer shall have full authority to conduct the
10hearing. The hearing officer shall report his or her findings
11of fact, conclusions of law and recommendations to the Board
12and the Secretary Director. The Board shall have 60 days from
13receipt of the report to review the report of the hearing
14officer and present their findings of fact, conclusion of law
15and recommendations to the Secretary Director. If the Board
16fails to present its report within the 60 day period, the
17Secretary Director may issue an order based on the report of
18the hearing officer. If the Secretary Director disagrees in any
19regard with the report of the Board or hearing officer, then
20the Secretary he may issue an order in contravention thereof.
21The Director shall provide to the Board a written explanation
22for any deviation, and shall specify with particularity the
23reasons for such action in the final order.
24(Source: P.A. 88-424.)
25    (225 ILCS 75/19.10)  (from Ch. 111, par. 3729)



HB2996- 42 -LRB098 10815 MGM 41283 b

1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 19.10. Order or certified copy; prima facie proof. An
3order or a certified copy thereof, over the seal of the
4Department and purporting to be signed by the Secretary
5Director, shall be prima facie proof that:
6        (1) the signature is the genuine signature of the
7    Secretary Director; and
8        (2) the Secretary Director is duly appointed and
9    qualified. ; and
10        (3) the Board and the members thereof are qualified to
11    act.
12(Source: P.A. 91-357, eff. 7-29-99.)
13    (225 ILCS 75/19.11)  (from Ch. 111, par. 3730)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 19.11. Restoration of license from discipline. At any
16time after successful completion of a term of indefinite
17probation, suspension, or revocation of a license, the
18Department may restore the license to the licensee, unless,
19after an investigation and a hearing, the Secretary determines
20that restoration is not in the public interest or that the
21licensee has not been sufficiently rehabilitated to warrant the
22public trust. No person or entity whose license, certificate,
23or authority has been revoked as authorized in this Act may
24apply for restoration of that license, certification, or
25authority until such time as provided for in the Civil



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1Administrative Code of Illinois. the suspension or revocation
2of any license, the Department may restore it to the accused
3person, upon the written recommendation of the Board, unless
4after an investigation and a hearing, the Department determines
5that restoration is not in the public interest.
6(Source: P.A. 83-696.)
7    (225 ILCS 75/19.13)  (from Ch. 111, par. 3732)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 19.13. Summary suspension pending hearing. The
10Secretary Director may summarily temporarily suspend a license
11issued under this Act without a hearing, simultaneously with
12the institution of proceedings for a hearing provided for in
13Section 19.2 of this Act, if the Secretary Director finds that
14the evidence in his possession indicates that an occupational
15therapist's or occupational therapy assistant's continuation
16in practice would constitute an imminent danger to the public.
17In the event that the Secretary Director summarily temporarily
18suspends a license without a hearing, a hearing by the Board
19must be commenced held within 30 days after such suspension has
20occurred and shall be concluded as expeditiously as possible.
21(Source: P.A. 83-696.)
22    (225 ILCS 75/19.15)  (from Ch. 111, par. 3734)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 19.15. Certification of record. The Department shall



HB2996- 44 -LRB098 10815 MGM 41283 b

1not be required to certify any record to the court or file any
2answer in court or otherwise appear in any court in a judicial
3review proceeding, unless and until the Department has received
4from the plaintiff there is filed in the court, with the
5complaint, a receipt from the Department acknowledging payment
6of the costs of furnishing and certifying the record, which
7costs shall be determined by the Department. Exhibits shall be
8certified without cost. Failure on the part of the plaintiff to
9file a receipt in court shall be grounds for dismissal of the
11(Source: P.A. 87-1031.)
12    (225 ILCS 75/19.16)  (from Ch. 111, par. 3735)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 19.16. Criminal penalties. Any person who is found to
15have violated knowingly violates any provision of this Act is
16guilty of a Class A misdemeanor for the first offense. On
17conviction of a second or subsequent offense the violator shall
18be guilty of a Class 4 felony.
19(Source: P.A. 83-696.)
20    (225 ILCS 75/20)  (from Ch. 111, par. 3736)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 20. Administrative Procedure Act. The Illinois
23Administrative Procedure Act is hereby expressly adopted and
24incorporated herein as if all of the provisions of that Act



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1were included in this Act, except that the provision of
2subsection (d) of Section 10-65 of the Illinois Administrative
3Procedure Act that provides that at hearings the certificate
4holder has the right to show compliance with all lawful
5requirements for retention, continuation or renewal of
6certification is specifically excluded. For the purpose of this
7Act the notice required under Section 10-25 of the Illinois
8Administrative Procedure Act is deemed sufficient when mailed
9to the last known address of record of a party.
10(Source: P.A. 88-45.)
11    (225 ILCS 75/21)  (from Ch. 111, par. 3737)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 21. Home rule. The regulation and licensing as a
14occupational therapist are exclusive powers and functions of
15the State. A home rule unit may not regulate or license an
16occupational therapist or the practice of occupational
17therapy. This Section is a denial and limitation of home rule
18powers and functions under subsection (h) of Section 6 of
19Article VII of the Illinois Constitution. It is declared to be
20the public policy of this State, pursuant to paragraphs (h) and
21(i) of Section 6 of Article VII of the Illinois Constitution of
221970, that any power or function set forth in this Act to be
23exercised by the State is an exclusive State power or function.
24Such power or function shall not be exercised concurrently,
25either directly or indirectly, by any unit of local government,



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1including home rule units, except as otherwise provided in this
3(Source: P.A. 83-696.)
4    (225 ILCS 75/10 rep.)
5    Section 15. The Illinois Occupational Therapy Practice Act
6is amended by repealing Section 10.
7    Section 99. Effective date. This Act takes effect December
831, 2013.



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2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 75/2from Ch. 111, par. 3702
6    225 ILCS 75/3from Ch. 111, par. 3703
7    225 ILCS 75/3.5
8    225 ILCS 75/4from Ch. 111, par. 3704
9    225 ILCS 75/5from Ch. 111, par. 3705
10    225 ILCS 75/6from Ch. 111, par. 3706
11    225 ILCS 75/7from Ch. 111, par. 3707
12    225 ILCS 75/11from Ch. 111, par. 3711
13    225 ILCS 75/11.1
14    225 ILCS 75/12from Ch. 111, par. 3712
15    225 ILCS 75/16from Ch. 111, par. 3716
16    225 ILCS 75/16.5
17    225 ILCS 75/18from Ch. 111, par. 3718
18    225 ILCS 75/19from Ch. 111, par. 3719
19    225 ILCS 75/19.1from Ch. 111, par. 3720
20    225 ILCS 75/19.2from Ch. 111, par. 3721
21    225 ILCS 75/19.2a new
22    225 ILCS 75/19.3from Ch. 111, par. 3722
23    225 ILCS 75/19.4from Ch. 111, par. 3723
24    225 ILCS 75/19.5from Ch. 111, par. 3724
25    225 ILCS 75/19.6from Ch. 111, par. 3725



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1    225 ILCS 75/19.7from Ch. 111, par. 3726
2    225 ILCS 75/19.8from Ch. 111, par. 3727
3    225 ILCS 75/19.9from Ch. 111, par. 3728
4    225 ILCS 75/19.10from Ch. 111, par. 3729
5    225 ILCS 75/19.11from Ch. 111, par. 3730
6    225 ILCS 75/19.13from Ch. 111, par. 3732
7    225 ILCS 75/19.15from Ch. 111, par. 3734
8    225 ILCS 75/19.16from Ch. 111, par. 3735
9    225 ILCS 75/20from Ch. 111, par. 3736
10    225 ILCS 75/21from Ch. 111, par. 3737
11    225 ILCS 75/10 rep.