HB2996 EngrossedLRB098 10815 MGM 41283 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 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 Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on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 Act repealed on January 1, 2024.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



HB2996 Engrossed- 2 -LRB098 10815 MGM 41283 b

1Act is repealed on January 1, 2024: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, 3.1, 3.3, 3.5, 4, 5, 6,
57, 8, 11, 11.1, 12, 15, 16, 16.5, 18, 19, 19.1, 19.2, 19.3,
619.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.11, 19.13, 19.15,
719.16, 20, and 21 and 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9    (Section scheduled to be repealed on January 1, 2014)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



HB2996 Engrossed- 3 -LRB098 10815 MGM 41283 b

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, groups, and populations who have a disease or
11disorder, an impairment, an activity limitation, or a
12participation restriction that interferes with their ability
13to function independently in their daily life roles, including
14activities of daily living (ADLs) and instrumental activities
15of daily living (IADLs). Occupational therapy services are
16provided for the purpose of habilitation, rehabilitation, and
17to promote health and wellness. Occupational therapy may be
18provided via technology or telecommunication methods, also
19known as telehealth, however the standard of care shall be the
20same whether a patient is seen in person, through telehealth,
21or other method of electronically enabled health care. and to
22promote health and wellness. Occupational therapy practice
23intervention may include any of the following:
24        (a) remediation or restoration of performance
25    abilities that are limited due to impairment in biological,
26    physiological, psychological, or neurological processes;



HB2996 Engrossed- 4 -LRB098 10815 MGM 41283 b

1        (b) modification or adaptation of task, process, or the
2    environment or the teaching of compensatory techniques in
3    order to enhance performance;
4        (c) disability prevention methods and techniques that
5    facilitate the development or safe application of
6    performance skills; and
7        (d) health and wellness promotion strategies,
8    including self-management strategies, and practices that
9    enhance performance abilities.
10    The licensed occupational therapist or licensed
11occupational therapy assistant may assume a variety of roles in
12his or her career including, but not limited to, practitioner,
13supervisor of professional students and volunteers,
14researcher, scholar, consultant, administrator, faculty,
15clinical instructor, fieldwork educator, and educator of
16consumers, peers, and family.
17    (7) "Occupational therapy services" means services that
18may be provided to individuals, groups, and populations, when
19provided to treat an occupational therapy need, including,
20without limitation, the following:
21        (a) evaluating, developing, improving, sustaining, or
22    restoring skills in activities of daily living, work, or
23    productive activities, including instrumental activities
24    of daily living and play and leisure activities;
25        (b) evaluating, developing, remediating, or restoring
26    sensorimotor, cognitive, or psychosocial components of



HB2996 Engrossed- 5 -LRB098 10815 MGM 41283 b

1    performance with considerations for cultural context and
2    activity demands that affect performance;
3        (c) designing, fabricating, applying, or training in
4    the use of assistive technology, adaptive devices, seating
5    and positioning, or temporary, orthoses and training in the
6    use of orthoses and prostheses;
7        (d) adapting environments and processes, including the
8    application of ergonomic principles, to enhance
9    performance and safety in daily life roles;
10        (e) for the occupational therapist or occupational
11    therapy assistant possessing advanced training, skill, and
12    competency as demonstrated through criteria examinations
13    that shall be determined by the Department, applying
14    physical agent modalities as an adjunct to or in
15    preparation for engagement in occupations;
16        (f) evaluating and providing intervention in
17    collaboration with the client, family, caregiver, or
18    others;
19        (g) educating the client, family, caregiver, or others
20    in carrying out appropriate nonskilled interventions; and
21        (h) consulting with groups, programs, organizations,
22    or communities to provide population-based services; .
23        (i) assessing, recommending, and training in
24    techniques to enhance functional mobility, including
25    wheelchair management;
26        (j) driver rehabilitation and community mobility;



HB2996 Engrossed- 6 -LRB098 10815 MGM 41283 b

1        (k) management of feeding, eating, and swallowing to
2    enable or enhance performance of these tasks;
3        (l) low vision rehabilitation;
4        (m) lymphedema and wound care management;
5        (n) pain management; and
6        (o) care coordination, case management, and transition
7    services.
8    (8) (Blank). "An aide in occupational therapy" means an
9individual who provides supportive services to occupational
10therapists or occupational therapy assistants but who is not
11certified by a nationally recognized occupational therapy
12certifying or licensing body.
13    (9) "Address of record" means the designated address
14recorded by the Department in the applicant's or licensee's
15application file or license file as maintained by the
16Department's licensure maintenance unit. It is the duty of the
17applicant or licensee to inform the Department of any change of
18address, and those changes must be made either through the
19Department's website or by contacting the Department.
20(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651,
21eff. 7-11-02; 93-461, eff. 8-8-03.)
22    (225 ILCS 75/3)  (from Ch. 111, par. 3703)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 3. Licensure requirement; exempt activities. After
25the effective date of this Act, no person shall practice



HB2996 Engrossed- 7 -LRB098 10815 MGM 41283 b

1occupational therapy or hold himself out as an occupational
2therapist or an occupational therapy assistant, or as being
3able to practice occupational therapy or to render services
4designated as occupational therapy in this State, unless he is
5licensed in accordance with the provisions of this Act.
6    Nothing in this Act shall be construed as preventing or
7restricting the practice, services, or activities of:
8    (1) Any person licensed in this State by any other law from
9engaging in the profession or occupation for which he is
10licensed; or
11    (2) Any person employed as an occupational therapist or
12occupational therapy assistant by the Government of the United
13States, if such person provides occupational therapy solely
14under the direction or control of the organization by which he
15or she is employed; or
16    (3) Any person pursuing a course of study leading to a
17degree or certificate in occupational therapy at an accredited
18or approved educational program if such activities and services
19constitute a part of a supervised course of study, and if such
20person is designated by a title which clearly indicates his or
21her status as a student or trainee; or
22    (4) Any person fulfilling the supervised work experience
23requirements of Sections 8 and 9 of this Act, if such
24activities and services constitute a part of the experience
25necessary to meet the requirement of those Sections; or
26    (5) Any person performing occupational therapy services in



HB2996 Engrossed- 8 -LRB098 10815 MGM 41283 b

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



HB2996 Engrossed- 9 -LRB098 10815 MGM 41283 b

1    occupational therapy program as required under Section 8 or
2    9, the Department shall extend the exemption until the
3    results of that examination become available to the
4    Department; or
5        (ii) if the Department is unable to complete its
6    evaluation and processing of a person's application for a
7    license within 6 months after the date on which the
8    application is submitted to the Department in proper form,
9    the Department shall extend the exemption until the
10    Department has completed its evaluation and processing of
11    the application.
12    In the event such applicant fails the examination, the
13applicant shall cease work immediately until such time as the
14applicant is licensed to practice occupational therapy in this
16    (7) The practice of occupational therapy by one who has
17applied to the Department, in form and substance satisfactory
18to the Department, and who is licensed to practice occupational
19therapy under the laws of another state, territory of the
20United States or country and who is qualified to receive a
21license under the provisions of either Section 8 or 9 of this
22Act. In no event shall this exemption extend to any person for
23longer than 6 months.
24    (8) (Blank). The practice of occupational therapy by one
25who has applied to the Department, in form and substance
26satisfactory to the Department, and who is qualified to receive



HB2996 Engrossed- 10 -LRB098 10815 MGM 41283 b

1a license under the provisions of either Section 8 or 9 of this
2Act. In no event shall this exemption extend to any person for
3longer than 6 months.
4(Source: P.A. 93-461, eff. 8-8-03.)
5    (225 ILCS 75/3.1)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 3.1. Referrals.
8    (a) A licensed occupational therapist or licensed
9occupational therapy assistant may consult with, educate,
10evaluate, and monitor services for individuals, groups, and
11populations clients concerning non-medical occupational
12therapy needs. Except as indicated in subsections (b) and (c)
13of this Section, implementation Implementation of direct
14occupational therapy treatment to individuals for their
15specific health care conditions shall be based upon a referral
16from a licensed physician, dentist, podiatrist, advanced
17practice nurse who has a written collaborative agreement with a
18collaborating physician to provide or accept referrals from
19licensed occupational therapists, physician assistant who has
20been delegated authority to provide or accept referrals from or
21to licensed occupational therapists, or optometrist.
22    (b) A referral is not required for the purpose of providing
23consultation, habilitation, screening, education, wellness,
24prevention, environmental assessments, and work-related
25ergonomic services to individuals, groups, or populations.



HB2996 Engrossed- 11 -LRB098 10815 MGM 41283 b

1    (c) Referral from a physician or other health care provider
2is not required for evaluation or intervention for children and
3youths if an occupational therapist or occupational therapy
4assistant provides services in a school-based or educational
5environment, including the child's home.
6    (d) An occupational therapist shall refer to a licensed
7physician, dentist, optometrist, advanced practice nurse,
8physician assistant, or podiatrist any patient whose medical
9condition should, at the time of evaluation or treatment, be
10determined to be beyond the scope of practice of the
11occupational therapist.
12(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
13eff. 8-20-04.)
14    (225 ILCS 75/3.3)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 3.3. Rules. The Department shall promulgate rules to
17define and regulate the activities of an aide in occupational
18therapy aides.
19(Source: P.A. 92-297, eff. 1-1-02.)
20    (225 ILCS 75/3.5)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 3.5. Unlicensed practice; violation; civil penalty.
23    (a) In addition to any other penalty provided by law, any
24Any person who practices, offers to practice, attempts to



HB2996 Engrossed- 12 -LRB098 10815 MGM 41283 b

1practice, or holds oneself out to practice as an occupational
2therapist or assistant without being licensed under this Act
3shall, in addition to any other penalty provided by law, pay a
4civil penalty to the Department in an amount not to exceed
5$10,000 $5,000 for each offense as determined by the
6Department. The civil penalty shall be assessed by the
7Department after a hearing is held in accordance with the
8provisions set forth in this Act regarding the provision of a
9hearing for the discipline of a licensee.
10    (b) The Department has the authority and power to
11investigate any and all unlicensed activity.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty. The
14order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17(Source: P.A. 89-474, eff. 6-18-96.)
18    (225 ILCS 75/4)  (from Ch. 111, par. 3704)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 4. Administration of Act; rules and forms.
21    (a) The Department shall exercise the powers and duties
22prescribed by the Civil Administrative Code of Illinois for the
23administration of licensing Acts and shall exercise such other
24powers and duties necessary for effectuating the purposes of
25this Act.



HB2996 Engrossed- 13 -LRB098 10815 MGM 41283 b

1    (b) The Secretary may Director shall promulgate rules
2consistent with the provisions of this Act for the
3administration and enforcement thereof, and for the payment of
4fees connected therewith, and may prescribe forms which shall
5be issued in connection therewith. The rules may shall include
6but not be limited to the standards and criteria for licensure
7and professional conduct and discipline; the standards and
8criteria used in determining when oral interviews will be
9conducted; the standards and criteria used when determining
10fitness to practice therapy; and the procedures followed in
11oral interviews. The Department may shall consult with the
12Board in promulgating rules. Notice of proposed rulemaking
13shall be transmitted to the Board and the Department shall
14review the Board's response and any recommendations made
15therein. The Department shall notify the Board in writing with
16proper explanation of deviations from the Board's
17recommendations and responses.
18    (c) The Department may at any time seek the advice and the
19expert knowledge of the Board on any matter relating to the
20administration of this Act.
21    (d) The Department shall issue quarterly a report to the
22Board of the status of all complaints related to the profession
23filed with the Department.
24(Source: P.A. 84-793.)
25    (225 ILCS 75/5)  (from Ch. 111, par. 3705)



HB2996 Engrossed- 14 -LRB098 10815 MGM 41283 b

1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 5. Board. The Secretary Director shall appoint an
3Illinois Occupational Therapy Licensure Board as follows: 7
4persons who shall be appointed by and shall serve in an
5advisory capacity to the Secretary. Director. Four One member
6must be a physician licensed to practice medicine in all of its
7branches; 3 members must be licensed occupational therapists in
8good standing, and actively engaged in the practice of
9occupational therapy in this State; 2 members must be licensed
10occupational therapy assistants in good standing and actively
11engaged in the practice of occupational therapy in this State;
12and 1 member must be a public member who is not licensed under
13this Act, or a similar Act of another jurisdiction, and is not
14a provider of health care service.
15    Members shall serve 4 year terms and until their successors
16are appointed and qualified. No member shall be appointed under
17this or any prior Act to the Board for service which would
18constitute more than 2 full consecutive terms. Appointments to
19fill vacancies shall be made in the same manner as original
20appointments, for the unexpired portion of the vacated term.
21Initial terms shall begin upon the effective date of this Act.
22    The membership of the Board should reasonably reflect
23representation from the geographic areas in this State.
24    The Secretary shall have the authority to remove or suspend
25any member of the Board for cause at any time before the
26expiration of his or her term. The Secretary shall be the sole



HB2996 Engrossed- 15 -LRB098 10815 MGM 41283 b

1arbiter of cause. Director may terminate the appointment of any
2member for cause which in the opinion of the Director
3reasonably justifies such termination.
4    The Secretary Director shall consider the recommendations
5of the Board on questions involving standards of professional
6conduct, discipline and qualifications of candidates and
7license holders under this Act.
8    Four members of the Board shall constitute a quorum. A
9quorum is required for all Board decisions.
10    Members of the Board have no liability in any action based
11upon any disciplinary proceeding or other activity performed in
12good faith as a member of the Board.
13    Members of the Board shall be reimbursed for all
14legitimate, necessary, and authorized expenses incurred in
15attending the meetings of the Board.
16(Source: P.A. 93-461, eff. 8-8-03.)
17    (225 ILCS 75/6)  (from Ch. 111, par. 3706)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 6. Applications for original licensure. Applications
20for original licensure shall be made to the Department in
21writing on forms prescribed by the Department and shall be
22accompanied by the required fee, which shall not be returnable.
23Any such application shall require such information as in the
24judgment of the Department will enable the Department to pass
25on the qualifications of the applicant for licensure.



HB2996 Engrossed- 16 -LRB098 10815 MGM 41283 b

1Applicants have 3 years from the date of application to
2complete the application process. If the process has not been
3completed within 3 years, the application shall be denied, the
4fee forfeited, and the applicant must reapply and meet the
5requirements in effect at the time of reapplication.
6(Source: P.A. 83-696.)
7    (225 ILCS 75/7)  (from Ch. 111, par. 3707)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 7. Examinations. The Department shall authorize
10examinations of applicants for a license under this Act at the
11times at least annually and at such time and place as it may
12designate. The examination shall be of a character to give a
13fair test of the qualifications of the applicant to practice
14occupational therapy.
15    Applications for examination as occupational therapists
16and occupational therapy assistants shall be required to pay,
17either to the Department or the designated testing service, a
18fee covering the cost of providing the examination. Failure to
19appear for the examination on the scheduled date, at the time
20and place specified, after the applicant's application for
21examination has been received and acknowledged by the
22Department or the designated testing service, shall result in
23the forfeiture of the examination fee.
24    If an applicant neglects, fails or refuses to take the
25examination within 90 days after the date the Confirmation of



HB2996 Engrossed- 17 -LRB098 10815 MGM 41283 b

1Examination and Eligibility to Examine Notice is issued or
2fails to pass an examination for certification under this Act,
3the application shall be denied. If an applicant fails to pass
4an examination for registration under this Act within 3 years
5after filing his application, the application shall be denied.
6The applicant may thereafter make a new application accompanied
7by the required fee, however, the applicant shall meet all
8requirements in effect at the time of subsequent application
9before obtaining licensure.
10    The Department may employ consultants for the purposes of
11preparing and conducting examinations.
12(Source: P.A. 93-461, eff. 8-8-03.)
13    (225 ILCS 75/8)  (from Ch. 111, par. 3708)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 8. A person shall be qualified for licensure as an
16occupational therapist if that person:
17        (1) has applied in writing in form and substance to the
18    Department;
19        (2) (blank);
20        (3) has completed an occupational therapy program of at
21    least 4 years in length, leading to a Masters or doctoral
22    baccalaureate degree, or its equivalent, approved by the
23    Department; and
24        (4) has successfully completed the examination
25    authorized by the Department within the past 5 years.



HB2996 Engrossed- 18 -LRB098 10815 MGM 41283 b

1(Source: P.A. 93-461, eff. 8-8-03.)
2    (225 ILCS 75/11)  (from Ch. 111, par. 3711)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 11. Expiration and renewal; restoration; military
6    (a) The expiration date and renewal period for each
7certificate issued under this Act shall be set by rule.
8    (b) Any occupational therapist or occupational therapy
9assistant who has permitted his or her license to expire or who
10has had his or her license on inactive status may have his or
11her license restored by making application to the Department,
12by and filing proof acceptable to the Department of his fitness
13to have his license restored, by paying the required fee, and
14by showing proof of compliance with any continuing education
15requirements. Proof The Department may consider a certificate
16expired less than 5 years as prima facie evidence that the
17applicant is fit. If the applicant's license has expired or
18been placed on inactive status, proof of fitness may include
19sworn evidence certifying to active practice in another
20jurisdiction satisfactory to the Department and by paying the
21required restoration fee.
22    If the occupational therapist or occupational therapy
23assistant has not maintained an active practice in another
24jurisdiction satisfactory to the Department, the Department
25shall determine, by an evaluation program established by rule,



HB2996 Engrossed- 19 -LRB098 10815 MGM 41283 b

1his fitness to resume active status and shall establish
2procedures and requirements for restoration. may require the
3occupational therapist or occupational therapy assistant to
4successfully complete a practice examination.
5    (c) However, any occupational therapist or occupational
6therapy assistant whose license expired while he was (1) in
7Federal Service on active duty with the Armed Forces of the
8United States, or the State Militia called into service or
9training, or (2) in training or education under the supervision
10of the United States preliminary to induction into the military
11service, may have his or her license certificate renewed or
12restored without paying any lapsed renewal fees if within 2
13years after honorable termination of such service, training or
14education except under conditions other than honorable, he or
15she furnishes furnished the Department with satisfactory
16evidence to the effect that he or she has been so engaged and
17that his or her service, training, or education has been so
19(Source: P.A. 93-461, eff. 8-8-03.)
20    (225 ILCS 75/11.1)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 11.1. Continuing education requirement. As a
23condition for renewal of a license, licensees shall be required
24to complete continuing education in occupational therapy in
25accordance with rules established by the Department. All



HB2996 Engrossed- 20 -LRB098 10815 MGM 41283 b

1renewal applicants shall provide proof of having met the
2continuing competency requirements set forth in the rules of
3the Department. The Department shall provide by rule for an
4orderly process for the reinstatement of licenses that have not
5been renewed for failure to meet the continuing competency
6requirements. The continuing competency requirements may be
7waived in cases of extreme hardship as defined by rule.
8    The Department shall establish by rule a means for
9verifying the completion of the continuing competency required
10by this Section. This verification may be accomplished through
11audits of records maintained by licensees, by requiring the
12filing of continuing competency certificates with the
13Department, or by any other means established by the
15(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
16    (225 ILCS 75/12)  (from Ch. 111, par. 3712)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 12. Inactive status; restoration. Any occupational
19therapist or occupational therapy assistant who notifies the
20Department in writing on forms prescribed by the Department,
21may elect to place his license on an inactive status and shall,
22subject to rules of the Department, be excused from payment of
23renewal fees until he notifies the Department in writing of his
24desire to resume active status.
25    Any occupational therapist or occupational therapy



HB2996 Engrossed- 21 -LRB098 10815 MGM 41283 b

1assistant requesting restoration from inactive or expired
2status shall be required to pay the current renewal fee,
3demonstrate compliance with continuing education requirements,
4if any, and shall be required to restore his license as
5provided in Section 11.
6    Any occupational therapist or occupational therapy
7assistant whose license is in expired or an inactive status
8shall not practice occupational therapy in the State of
10(Source: P.A. 83-696.)
11    (225 ILCS 75/15)  (from Ch. 111, par. 3715)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 15. Any person who is issued a license as an
14occupational therapist registered under the terms of this Act
15may use the words "occupational therapist" or "licensed
16occupational therapist", or may use the letters "O.T.", "OT/L",
17or "OTR/L", "O.T", in connection with his or her name or place
18of business to denote his or her licensure under this Act.
19    Any person who is issued a license as a occupational
20therapy assistant under the terms of this Act may use the
21words, "occupational therapy assistant" or "licensed
22occupational therapy assistant", or he or she may use the
23letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his
24or her name or place of business to denote his or her licensure
25under this Act.



HB2996 Engrossed- 22 -LRB098 10815 MGM 41283 b

1(Source: P.A. 93-461, eff. 8-8-03.)
2    (225 ILCS 75/16)  (from Ch. 111, par. 3716)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 16. Fees; returned checks. The fees for the
5administration and enforcement of this Act, including but not
6limited to, original certification, renewal, and restoration
7of a license issued under this Act, shall be set by rule. The
8fees shall be non-refundable.
9    Any person who delivers a check or other payment to the
10Department that is returned to the Department unpaid by the
11financial institution upon which it is drawn shall pay to the
12Department, in addition to the amount already owed to the
13Department, a fine of $50. The fines imposed by this Section
14are in addition to any other discipline provided under this Act
15for unlicensed practice or practice on a nonrenewed license.
16The Department shall notify the person that payment of fees and
17fines shall be paid to the Department by certified check or
18money order within 30 calendar days of the notification. If,
19after the expiration of 30 days from the date of the
20notification, the person has failed to submit the necessary
21remittance, the Department shall automatically terminate the
22license or certificate or deny the application, without
23hearing. If, after termination or denial, the person seeks a
24license or certificate, he or she shall apply to the Department
25for restoration or issuance of the license or certificate and



HB2996 Engrossed- 23 -LRB098 10815 MGM 41283 b

1pay all fees and fines due to the Department. The Department
2may establish a fee for the processing of an application for
3restoration of a license or certificate to pay all expenses of
4processing this application. The Secretary Director may waive
5the fines due under this Section in individual cases where the
6Secretary Director finds that the fines would be unreasonable
7or unnecessarily burdensome.
8    However, any person whose license has expired while he has
9been engaged (1) in federal or state service active duty, or
10(2) in training or education under the supervision of the
11United States preliminary to induction into the military
12service, may have his license renewed, reinstated or restored
13without paying any lapsed renewal and restoration fees, if
14within 2 years after termination of such service, training or
15education other than by dishonorable discharge, he furnishes
16the Department with satisfactory proof that he has been so
17engaged and that his service, training or education has been so
19(Source: P.A. 92-146, eff. 1-1-02.)
20    (225 ILCS 75/16.5)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 16.5. Deposit of fees and fines. All Beginning July 1,
231995, all of the fees, penalties, and fines collected under
24this Act shall be deposited into the General Professions
25Dedicated Fund and shall be appropriated to the Department for



HB2996 Engrossed- 24 -LRB098 10815 MGM 41283 b

1the ordinary and contingent expenses of the Department in the
2administration of this Act.
3(Source: P.A. 88-683, eff. 1-24-95.)
4    (225 ILCS 75/18)  (from Ch. 111, par. 3718)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 18. Advertising.
7    (a) Any person licensed under this Act may advertise the
8availability of professional services in the public media or on
9the premises where such professional services are rendered as
10permitted by law, on the condition that such advertising is
11truthful and not misleading and is in conformity with rules
12promulgated by the Department. Advertisements shall not
13include false, fraudulent, deceptive, or misleading material
14or guarantees of success.
15    (b) A licensee shall include in every advertisement for
16services regulated under this Act his or her title as it
17appears on the license or the initials authorized under this
19(Source: P.A. 91-310, eff. 1-1-00.)
20    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 19. Grounds for discipline.
23    (a) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand or take other



HB2996 Engrossed- 25 -LRB098 10815 MGM 41283 b

1disciplinary or non-disciplinary action as the Department may
2deem proper, including imposing fines not to exceed $10,000
3$2,500 for each violation and the assessment of costs as
4provided under Section 19.3 of this Act, with regard to any
5license for any one or combination of the following:
6        (1) Material misstatement in furnishing information to
7    the Department;
8        (2) Violations of Wilfully violating this Act, or of
9    the rules promulgated thereunder;
10        (3) Conviction by plea of guilty or nolo contendere,
11    finding of guilt, jury verdict, or entry of judgment or
12    sentencing of any crime, including, but not limited to,
13    convictions, preceding sentences of supervision,
14    conditional discharge, or first offender probation, under
15    the laws of any jurisdiction of the United States that is
16    (i) a felony or (ii) a misdemeanor, an essential element of
17    which is dishonesty, or that is directly related to the
18    practice of the profession; of any crime under the laws of
19    the United States or any state or territory thereof which
20    is a felony or which is a misdemeanor, an essential element
21    of which is dishonesty, or of any crime which is directly
22    related to the practice of occupational therapy;
23        (4) Fraud or Making any misrepresentation in applying
24    for or procuring a license under this Act, or in connection
25    with applying for renewal of a license under this Act; for
26    the purpose of obtaining certification, or violating any



HB2996 Engrossed- 26 -LRB098 10815 MGM 41283 b

1    provision of this Act or the rules promulgated thereunder
2    pertaining to advertising;
3        (5) Professional incompetence; Having demonstrated
4    unworthiness, or incompetency to act as an occupational
5    therapist or occupational therapy assistant in such manner
6    as to safeguard the interest of the public;
7        (6) Aiding Wilfully aiding or assisting another
8    person, firm, partnership or corporation in violating any
9    provision of this Act or rules;
10        (7) Failing, within 60 days, to provide information in
11    response to a written request made by the Department;
12        (8) Engaging in dishonorable, unethical or
13    unprofessional conduct of a character likely to deceive,
14    defraud or harm the public;
15        (9) Habitual or excessive use or abuse of drugs defined
16    in law as controlled substances, alcohol, or any other
17    substance that results in the inability to practice with
18    reasonable judgment, skill, or safety; intoxication or
19    addiction to the use of drugs;
20        (10) Discipline by another state, unit of government,
21    government agency, the District of Columbia, a territory,
22    or foreign nation, if at least one of the grounds for the
23    discipline is the same or substantially equivalent to those
24    set forth herein;
25        (11) Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association



HB2996 Engrossed- 27 -LRB098 10815 MGM 41283 b

1    any fee, commission, rebate or other form of compensation
2    for professional services not actually or personally
3    rendered. Nothing in this paragraph (11) affects any bona
4    fide independent contractor or employment arrangements
5    among health care professionals, health facilities, health
6    care providers, or other entities, except as otherwise
7    prohibited by law. Any employment arrangements may include
8    provisions for compensation, health insurance, pension, or
9    other employment benefits for the provision of services
10    within the scope of the licensee's practice under this Act.
11    Nothing in this paragraph (11) shall be construed to
12    require an employment arrangement to receive professional
13    fees for services rendered;
14        (12) A finding by the Department that the license
15    holder, after having his license disciplined, has violated
16    the terms of the discipline;
17        (13) Wilfully making or filing false records or reports
18    in the practice of occupational therapy, including but not
19    limited to false records filed with the State agencies or
20    departments;
21        (14) Physical illness, including but not limited to,
22    deterioration through the aging process, or loss of motor
23    skill which results in the inability to practice under this
24    Act the profession with reasonable judgment, skill, or
25    safety;
26        (15) Solicitation of professional services other than



HB2996 Engrossed- 28 -LRB098 10815 MGM 41283 b

1    by permitted advertising;
2        (16) Allowing one's license under this Act to be used
3    by an unlicensed person in violation of this Act; Wilfully
4    exceeding the scope of practice customarily undertaken by
5    persons licensed under this Act, which conduct results in,
6    or may result in, harm to the public;
7        (17) Practicing under a false or, except as provided by
8    law, assumed name; Holding one's self out to practice
9    occupational therapy under any name other than his own or
10    impersonation of any other occupational therapy licensee;
11        (18) Professional incompetence or gross Gross
12    negligence;
13        (19) Malpractice;
14        (20) Promotion of the sale of drugs, devices,
15    appliances, or goods provided for a patient in any manner
16    to exploit the client for financial gain of the licensee;
17    Obtaining a fee in money or gift in kind of any other items
18    of value or in the form of financial profit or benefit as
19    personal compensation, or as compensation, or charge,
20    profit or gain for an employer or for any other person or
21    persons, on the fraudulent misrepresentation that a
22    manifestly incurable condition of sickness, disease or
23    injury to any person can be cured;
24        (21) Gross, willful, or continued overcharging for
25    professional services; Accepting commissions or rebates or
26    other forms of remuneration for referring persons to other



HB2996 Engrossed- 29 -LRB098 10815 MGM 41283 b

1    professionals;
2        (22) Mental illness or disability that results in the
3    inability to practice under this Act with reasonable
4    judgment, skill, or safety; Failure to file a return, or to
5    pay the tax, penalty or interest shown in a filed return,
6    or to pay any final assessment of tax, penalty or interest,
7    as required by any tax Act administered by the Illinois
8    Department of Revenue, until such time as the requirements
9    of any such tax Act are satisfied;
10        (23) Violating the Health Care Worker Self-Referral
11    Act; and
12        (24) Having treated patients other than by the practice
13    of occupational therapy as defined in this Act, or having
14    treated patients as a licensed occupational therapist
15    independent of a referral from a physician, advanced
16    practice nurse or physician assistant in accordance with
17    Section 3.1, dentist, podiatrist, or optometrist, or
18    having failed to notify the physician, advanced practice
19    nurse, physician assistant, dentist, podiatrist, or
20    optometrist who established a diagnosis that the patient is
21    receiving occupational therapy pursuant to that
22    diagnosis. ;
23        (25) Cheating on or attempting to subvert the licensing
24    examination administered under this Act; and
25        (26) Charging for professional services not rendered,
26    including filing false statements for the collection of



HB2996 Engrossed- 30 -LRB098 10815 MGM 41283 b

1    fees for which services are not rendered.
2    All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the fine
4or in accordance with the terms set forth in the order imposing
5the fine.
6    (b) The determination by a circuit court that a license
7holder is subject to involuntary admission or judicial
8admission as provided in the Mental Health and Developmental
9Disabilities Code, as now or hereafter amended, operates as an
10automatic suspension. Such suspension will end only upon a
11finding by a court that the patient is no longer subject to
12involuntary admission or judicial admission, and an order by
13the court so finding and discharging the patient. In any case
14where a license is suspended under this provision, the licensee
15shall file a petition for restoration and shall include
16evidence acceptable to the Department that the licensee can
17resume practice in compliance with acceptable and prevailing
18standards of their profession. , and the recommendation of the
19Board to the Director that the license holder be allowed to
20resume his practice.
21    (c) The Department may refuse to issue or may suspend
22without hearing, as provided for in the Code of Civil
23Procedure, take disciplinary action concerning the license of
24any person who fails to file a return, to pay the tax, penalty,
25or interest shown in a filed return, or to pay any final
26assessment of tax, penalty, or interest as required by any tax



HB2996 Engrossed- 31 -LRB098 10815 MGM 41283 b

1Act administered by the Illinois Department of Revenue, until
2such time as the requirements of any such tax Act are satisfied
3in accordance with subsection (a) of Section 2105-15 of the
4Department of Professional Regulation Law of the Civil
5Administrative Code of Illinois. as determined by the
6Department of Revenue.
7    (d) In enforcing this Section, the Department, upon a
8showing of a possible violation, may compel any individual who
9is licensed under this Act or any individual who has applied
10for licensure to submit to a mental or physical examination or
11evaluation, or both, which may include a substance abuse or
12sexual offender evaluation, at the expense of the Department.
13The Department shall specifically designate the examining
14physician licensed to practice medicine in all of its branches
15or, if applicable, the multidisciplinary team involved in
16providing the mental or physical examination and evaluation.
17The multidisciplinary team shall be led by a physician licensed
18to practice medicine in all of its branches and may consist of
19one or more or a combination of physicians licensed to practice
20medicine in all of its branches, licensed chiropractic
21physicians, licensed clinical psychologists, licensed clinical
22social workers, licensed clinical professional counselors, and
23other professional and administrative staff. Any examining
24physician or member of the multidisciplinary team may require
25any person ordered to submit to an examination and evaluation
26pursuant to this Section to submit to any additional



HB2996 Engrossed- 32 -LRB098 10815 MGM 41283 b

1supplemental testing deemed necessary to complete any
2examination or evaluation process, including, but not limited
3to, blood testing, urinalysis, psychological testing, or
4neuropsychological testing.
5    The Department may order the examining physician or any
6member of the multidisciplinary team to provide to the
7Department any and all records, including business records,
8that relate to the examination and evaluation, including any
9supplemental testing performed. The Department may order the
10examining physician or any member of the multidisciplinary team
11to present testimony concerning this examination and
12evaluation of the licensee or applicant, including testimony
13concerning any supplemental testing or documents relating to
14the examination and evaluation. No information, report,
15record, or other documents in any way related to the
16examination and evaluation shall be excluded by reason of any
17common law or statutory privilege relating to communication
18between the licensee or applicant and the examining physician
19or any member of the multidisciplinary team. No authorization
20is necessary from the licensee or applicant ordered to undergo
21an evaluation and examination for the examining physician or
22any member of the multidisciplinary team to provide
23information, reports, records, or other documents or to provide
24any testimony regarding the examination and evaluation. The
25individual to be examined may have, at his or her own expense,
26another physician of his or her choice present during all



HB2996 Engrossed- 33 -LRB098 10815 MGM 41283 b

1aspects of the examination.
2    Failure of any individual to submit to mental or physical
3examination or evaluation, or both, when directed, shall result
4in an automatic suspension without hearing, until such time as
5the individual submits to the examination. If the Department
6finds a licensee unable to practice because of the reasons set
7forth in this Section, the Department shall require the
8licensee to submit to care, counseling, or treatment by
9physicians approved or designated by the Department as a
10condition for continued, reinstated, or renewed licensure.
11    When the Secretary immediately suspends a license under
12this Section, a hearing upon such person's license must be
13convened by the Department within 15 days after the suspension
14and completed without appreciable delay. The Department shall
15have the authority to review the licensee's record of treatment
16and counseling regarding the impairment to the extent permitted
17by applicable federal statutes and regulations safeguarding
18the confidentiality of medical records.
19    Individuals licensed under this Act that are affected under
20this Section, shall be afforded an opportunity to demonstrate
21to the Department that they can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of their license. In enforcing this Section, the Board, upon a
24showing of a possible violation, may compel a licensee or
25applicant to submit to a mental or physical examination, or
26both, as required by and at the expense of the Department. The



HB2996 Engrossed- 34 -LRB098 10815 MGM 41283 b

1examining physicians or clinical psychologists shall be those
2specifically designated by the Board. The Board or the
3Department may order (i) the examining physician to present
4testimony concerning the mental or physical examination of a
5licensee or applicant or (ii) the examining clinical
6psychologist to present testimony concerning the mental
7examination of a licensee or applicant. No information shall be
8excluded by reason of any common law or statutory privilege
9relating to communications between a licensee or applicant and
10the examining physician or clinical psychologist. An
11individual to be examined may have, at his or her own expense,
12another physician or clinical psychologist of his or her choice
13present during all aspects of the examination. Failure of an
14individual to submit to a mental or physical examination, when
15directed, is grounds for suspension of his or her license. The
16license must remain suspended until the person submits to the
17examination or the Board finds, after notice and hearing, that
18the refusal to submit to the examination was with reasonable
20    If the Board finds an individual unable to practice because
21of the reasons set forth in this Section, the Board must
22require the individual to submit to care, counseling, or
23treatment by a physician or clinical psychologist approved by
24the Board, as a condition, term, or restriction for continued,
25reinstated, or renewed licensure to practice. In lieu of care,
26counseling, or treatment, the Board may recommend that the



HB2996 Engrossed- 35 -LRB098 10815 MGM 41283 b

1Department file a complaint to immediately suspend or revoke
2the license of the individual or otherwise discipline the
4    Any individual whose license was granted, continued,
5reinstated, or renewed subject to conditions, terms, or
6restrictions, as provided for in this Section, or any
7individual who was disciplined or placed on supervision
8pursuant to this Section must be referred to the Director for a
9determination as to whether the person shall have his or her
10license suspended immediately, pending a hearing by the Board.
11    (e) The Department shall deny a license or renewal
12authorized by this Act to a person who has defaulted on an
13educational loan or scholarship provided or guaranteed by the
14Illinois Student Assistance Commission or any governmental
15agency of this State in accordance with paragraph (5) of
16subsection (a) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code of
19    (f) 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 to
23the Department, the Department may refuse to issue or renew or
24may revoke or suspend that person's license or may take other
25disciplinary action against that person based solely upon the
26certification of delinquency made by the Department of



HB2996 Engrossed- 36 -LRB098 10815 MGM 41283 b

1Healthcare and Family Services in accordance with paragraph (5)
2of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
5(Source: P.A. 96-1482, eff. 11-29-10.)
6    (225 ILCS 75/19.1)  (from Ch. 111, par. 3720)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 19.1. Injunctive relief; order to cease and desist.
9(a) If any person violates the provisions of this Act, the
10Secretary Director may, in the name of the People of the State
11of Illinois, through the Attorney General of the State of
12Illinois or the State's Attorney of the county in which the
13violation is alleged to have occurred, petition for an order
14enjoining such violation or for an order enforcing compliance
15with this Act. Upon the filing of a verified petition in such
16court, the court may issue a temporary restraining order,
17without notice or bond, and may preliminarily and permanently
18enjoin such violation. If it is established that such person
19has violated or is violating the injunction, the court may
20punish the offender for contempt of court. Proceedings under
21this Section shall be in addition to, and not in lieu of, all
22other remedies and penalties provided by this Act.
23    (b) If any person practices shall practice as an
24occupational therapist or an occupational therapy assistant or
25holds himself or herself hold himself out as such without being



HB2996 Engrossed- 37 -LRB098 10815 MGM 41283 b

1licensed under the provisions of this Act then any person
2licensed under this Act, any interested party or any person
3injured thereby may, in addition to the Secretary Director,
4petition for relief as provided in subsection (a).
5    (c) Whenever in the opinion of the Department any person
6violates any provision of this Act, the Department may issue a
7rule to show cause why an order to cease and desist should not
8be entered against him or her. The rule shall clearly set forth
9the grounds relied upon by the Department and shall provide a
10period of 7 days from the date of the rule to file an answer to
11the satisfaction of the Department. Failure to answer to the
12satisfaction of the Department shall cause an order to cease
13and desist to be issued forthwith.
14(Source: P.A. 83-696.)
15    (225 ILCS 75/19.2)  (from Ch. 111, par. 3721)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 19.2. Investigations; notice and hearing. The
18Department may investigate the actions of any applicant or of
19any person or person holding or claiming to hold a license. The
20Department shall, before refusing to issue, renew, or
21discipline taking action under Section 19 against a licensee or
22applicant, at least 30 days prior to the date set for the
23hearing, notify the applicant or licensee in writing the
24applicant for, or holder of, a license of the nature of the
25charges and the time and place for , that a hearing on the



HB2996 Engrossed- 38 -LRB098 10815 MGM 41283 b

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



HB2996 Engrossed- 39 -LRB098 10815 MGM 41283 b

1personal delivery or certified or registered mail to the
2respondent at the address of his last notification to the
3Department. In case the person fails to file an answer after
4receiving notice, his or her license or certificate may, in the
5discretion of the Department, be suspended, revoked, or placed
6on probationary status, or the Department may take whatever
7disciplinary action deemed proper, including limiting the
8scope, nature, or extent of the person's practice or the
9imposition of a fine, without a hearing, if the act or acts
10charged constitute sufficient grounds for such action under
11this Act. At the time and place fixed in the notice, the Board
12shall proceed to hear the charges and the parties or their
13counsel shall be accorded ample opportunity to represent such
14statements, testimony, evidence and argument as may be
15pertinent to the charges or to their defense. The Board may
16continue the hearing from time to time.
17(Source: P.A. 87-1031; 88-424.)
18    (225 ILCS 75/19.2a new)
19    Sec. 19.2a. Confidentiality. All information collected by
20the Department in the course of an examination or investigation
21of a licensee or applicant, including, but not limited to, any
22complaint against a licensee filed with the Department and
23information collected to investigate any such complaint, shall
24be maintained for the confidential use of the Department and
25shall not be disclosed. The Department may not disclose the



HB2996 Engrossed- 40 -LRB098 10815 MGM 41283 b

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



HB2996 Engrossed- 41 -LRB098 10815 MGM 41283 b

1reporters, transcripts, and witness attendance and mileage
2fees. All costs imposed under this Section shall be paid within
360 days after the effective date of the order imposing the
5(Source: P.A. 83-696.)
6    (225 ILCS 75/19.4)  (from Ch. 111, par. 3723)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 19.4. Subpoenas; oaths. The Department may shall have
9the power to subpoena and bring before it any person in this
10State and to take the oral or written testimony or compel the
11production of any books, papers, records, or any other
12documents that the Secretary or his or her designee deems
13relevant or material to an investigation or hearing conducted
14by the Department either orally or by deposition, or both, with
15the same fees and mileage and in the same manner as prescribed
16by law in judicial procedure in civil cases in courts of this
18    The Secretary Director, the designated hearing officer,
19any and every member of the Board, or a certified shorthand
20court reporter may shall have power to administer oaths to
21witness at any hearing which the Department conducts. is
22authorized by law to conduct, and any other oaths required or
23authorized in any Act administered by the Department.
24Notwithstanding any other statute or Department rule to the
25contrary, all requests for testimony or production of documents



HB2996 Engrossed- 42 -LRB098 10815 MGM 41283 b

1or records shall be in accordance with this Act.
2(Source: P.A. 83-696.)
3    (225 ILCS 75/19.5)  (from Ch. 111, par. 3724)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 19.5. Attendance of witnesses; contempt. Any circuit
6court may, upon application of the Department or its designee,
7or the applicant or licensee, may against whom proceedings
8under Section 19 are pending, enter an order requiring the
9attendance and testimony of witnesses and their testimony, and
10the production of relevant documents, papers, files, books, and
11records in connection with any hearing or investigation. The
12court may compel obedience to its order by proceedings for
14(Source: P.A. 83-696.)
15    (225 ILCS 75/19.6)  (from Ch. 111, par. 3725)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 19.6. Findings of Board. At the conclusion of the
18hearing the Board shall present to the Secretary Director a
19written report of its findings of fact, conclusions of law, and
20recommendations. The report shall contain a finding whether or
21not the accused person violated this Act or failed to comply
22with the conditions required in this Act. The Board shall
23specify the nature of the violation or failure to comply, and
24shall make its recommendations to the Secretary Director. The



HB2996 Engrossed- 43 -LRB098 10815 MGM 41283 b

1report of findings of fact, conclusions of law and
2recommendations of the Board may be the basis for the
3Department's order for refusing to issue, restore, or renew a
4license or otherwise disciplining a licensee. action regarding
5a certificate. If the Secretary Director disagrees in any
6regard with the report of the Board he may issue an order in
7contravention thereof. The Director shall provide to the Board
8a written explanation for any deviation and shall specify with
9particularity the reasons for such action in the final order.
10The finding is not admissible in evidence against the person in
11a criminal prosecution brought for the violation of this Act,
12but the hearing and findings are not a bar to a criminal
13prosecution brought for the violation of this Act.
14(Source: P.A. 88-424.)
15    (225 ILCS 75/19.7)  (from Ch. 111, par. 3726)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 19.7. Report of Board; motion for rehearing. In any
18case involving the refusal to issue or renew, or the taking of
19disciplinary action against, a license, a copy of the Board's
20report shall be served upon the respondent by the Department as
21provided in this Act for the service of the notice of hearing.
22Within 20 days after such service, the respondent may present
23to the Department a motion in writing for a rehearing, which
24motion shall specify the particular grounds therefor. If no
25motion for rehearing is filed, then upon the expiration of the



HB2996 Engrossed- 44 -LRB098 10815 MGM 41283 b

1time specified for filing such a motion, or if a motion for
2rehearing is denied, then upon such denial the Secretary
3Director may enter an order in accordance with recommendations
4of the Board except as provided in Section 19.6. If the
5respondent shall order from the reporting service, and pays pay
6for a transcript of the record within the time for filing a
7motion for rehearing, the 20 day period within which such a
8motion may be filed shall commence upon the delivery of the
9transcript to the respondent.
10(Source: P.A. 83-696.)
11    (225 ILCS 75/19.8)  (from Ch. 111, par. 3727)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 19.8. Rehearing. Whenever the Secretary Director is
14satisfied that substantial justice has not been done in the
15revocation or suspension of, or the refusal to issue or renew,
16a license, the Secretary Director may order a rehearing by the
17Board or a designated hearing officer.
18(Source: P.A. 83-696.)
19    (225 ILCS 75/19.9)  (from Ch. 111, par. 3728)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 19.9. Appointment of hearing officer. The Secretary
22Notwithstanding the provisions of Section 19.2, the Director
23shall have the authority to appoint any attorney duly licensed
24to practice law in the State of Illinois to serve as the



HB2996 Engrossed- 45 -LRB098 10815 MGM 41283 b

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



HB2996 Engrossed- 46 -LRB098 10815 MGM 41283 b

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



HB2996 Engrossed- 47 -LRB098 10815 MGM 41283 b

1(Source: P.A. 83-696.)
2    (225 ILCS 75/19.13)  (from Ch. 111, par. 3732)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 19.13. Summary suspension pending hearing. The
5Secretary Director may summarily temporarily suspend a license
6issued under this Act without a hearing, simultaneously with
7the institution of proceedings for a hearing provided for in
8Section 19.2 of this Act, if the Secretary Director finds that
9the evidence in his possession indicates that an occupational
10therapist's or occupational therapy assistant's continuation
11in practice would constitute an imminent danger to the public.
12In the event that the Secretary Director summarily temporarily
13suspends a license without a hearing, a hearing by the Board
14must be commenced held within 30 days after such suspension has
15occurred and shall be concluded as expeditiously as possible.
16(Source: P.A. 83-696.)
17    (225 ILCS 75/19.15)  (from Ch. 111, par. 3734)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 19.15. Certification of record. The Department shall
20not be required to certify any record to the court or file any
21answer in court or otherwise appear in any court in a judicial
22review proceeding, unless and until the Department has received
23from the plaintiff there is filed in the court, with the
24complaint, a receipt from the Department acknowledging payment



HB2996 Engrossed- 48 -LRB098 10815 MGM 41283 b

1of the costs of furnishing and certifying the record, which
2costs shall be determined by the Department. Exhibits shall be
3certified without cost. Failure on the part of the plaintiff to
4file a receipt in court shall be grounds for dismissal of the
6(Source: P.A. 87-1031.)
7    (225 ILCS 75/19.16)  (from Ch. 111, par. 3735)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 19.16. Criminal penalties. Any person who is found to
10have violated knowingly violates any provision of this Act is
11guilty of a Class A misdemeanor for the first offense. On
12conviction of a second or subsequent offense the violator shall
13be guilty of a Class 4 felony.
14(Source: P.A. 83-696.)
15    (225 ILCS 75/20)  (from Ch. 111, par. 3736)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 20. Administrative Procedure Act. The Illinois
18Administrative Procedure Act is hereby expressly adopted and
19incorporated herein as if all of the provisions of that Act
20were included in this Act, except that the provision of
21subsection (d) of Section 10-65 of the Illinois Administrative
22Procedure Act that provides that at hearings the certificate
23holder has the right to show compliance with all lawful
24requirements for retention, continuation or renewal of



HB2996 Engrossed- 49 -LRB098 10815 MGM 41283 b

1certification is specifically excluded. For the purpose of this
2Act the notice required under Section 10-25 of the Illinois
3Administrative Procedure Act is deemed sufficient when mailed
4to the last known address of record of a party.
5(Source: P.A. 88-45.)
6    (225 ILCS 75/21)  (from Ch. 111, par. 3737)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 21. Home rule. The regulation and licensing as a
9occupational therapist are exclusive powers and functions of
10the State. A home rule unit may not regulate or license an
11occupational therapist or the practice of occupational
12therapy. This Section is a denial and limitation of home rule
13powers and functions under subsection (h) of Section 6 of
14Article VII of the Illinois Constitution. It is declared to be
15the public policy of this State, pursuant to paragraphs (h) and
16(i) of Section 6 of Article VII of the Illinois Constitution of
171970, that any power or function set forth in this Act to be
18exercised by the State is an exclusive State power or function.
19Such power or function shall not be exercised concurrently,
20either directly or indirectly, by any unit of local government,
21including home rule units, except as otherwise provided in this
23(Source: P.A. 83-696.)
24    (225 ILCS 75/10 rep.)



HB2996 Engrossed- 50 -LRB098 10815 MGM 41283 b

1    Section 15. The Illinois Occupational Therapy Practice Act
2is amended by repealing Section 10.
3    Section 99. Effective date. This Act takes effect December
431, 2013.