Rep. Michael J. Zalewski

Filed: 3/8/2013





09800HB2996ham001LRB098 10815 MGM 42068 a


2    AMENDMENT NO. ______. Amend House Bill 2996 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on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



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1Technologist Title Protection Act.
2    Section 2.5 of the Illinois Plumbing License Law.
3    The Veterinary Medicine and Surgery Practice Act of 2004.
4(Source: P.A. 97-1139, eff. 12-28-12.)
5    (5 ILCS 80/4.34 new)
6    Sec. 4.34. Act repealed on January 1, 2024. The following
7Act is repealed on January 1, 2024:
8    The Illinois Occupational Therapy Practice Act.
9    Section 10. The Illinois Occupational Therapy Practice Act
10is amended by changing Sections 2, 3, 3.1, 3.3, 3.5, 4, 5, 6,
117, 8, 11, 11.1, 12, 15, 16, 16.5, 18, 19, 19.1, 19.2, 19.3,
1219.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.11, 19.13, 19.15,
1319.16, 20, and 21 and by adding Section 19.2a as follows:
14    (225 ILCS 75/2)  (from Ch. 111, par. 3702)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 2. Definitions. In this Act:
17    (1) "Department" means the Department of Financial and
18Professional Regulation.
19    (2) "Secretary" means the Secretary of the Department of
20Financial and Professional Regulation. "Director" means the
21Director of Professional Regulation.
22    (3) "Board" means the Illinois Occupational Therapy
23Licensure Board appointed by the Secretary. Director.



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1    (4) "Occupational therapist" means a person initially
2registered and licensed to practice occupational therapy as
3defined in this Act, and whose license is in good standing.
4    (5) "Occupational therapy assistant" means a person
5initially registered and licensed to assist in the practice of
6occupational therapy under the supervision of a licensed
7occupational therapist, and to implement the occupational
8therapy treatment program as established by the licensed
9occupational therapist. Such program may include training in
10activities of daily living, the use of therapeutic activity
11including task oriented activity to enhance functional
12performance, and guidance in the selection and use of adaptive
14    (6) "Occupational therapy" means the therapeutic use of
15purposeful and meaningful occupations or goal-directed
16activities to evaluate and provide interventions for
17individuals, groups, and populations who have a disease or
18disorder, an impairment, an activity limitation, or a
19participation restriction that interferes with their ability
20to function independently in their daily life roles, including
21activities of daily living (ADLs) and instrumental activities
22of daily living (IADLs). Occupational therapy services are
23provided for the purpose of habilitation, rehabilitation, and
24to promote health and wellness. Occupational therapy may be
25provided via technology or telecommunication methods, also
26known as telehealth, however the standard of care shall be the



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1same whether a patient is seen in person, through telehealth,
2or other method of electronically enabled health care. and to
3promote health and wellness. Occupational therapy practice
4intervention may include any of the following:
5        (a) remediation or restoration of performance
6    abilities that are limited due to impairment in biological,
7    physiological, psychological, or neurological processes;
8        (b) modification or adaptation of task, process, or the
9    environment or the teaching of compensatory techniques in
10    order to enhance performance;
11        (c) disability prevention methods and techniques that
12    facilitate the development or safe application of
13    performance skills; and
14        (d) health and wellness promotion strategies,
15    including self-management strategies, and practices that
16    enhance performance abilities.
17    The licensed occupational therapist or licensed
18occupational therapy assistant may assume a variety of roles in
19his or her career including, but not limited to, practitioner,
20supervisor of professional students and volunteers,
21researcher, scholar, consultant, administrator, faculty,
22clinical instructor, fieldwork educator, and educator of
23consumers, peers, and family.
24    (7) "Occupational therapy services" means services that
25may be provided to individuals, groups, and populations, when
26provided to treat an occupational therapy need, including,



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1without limitation, the following:
2        (a) evaluating, developing, improving, sustaining, or
3    restoring skills in activities of daily living, work, or
4    productive activities, including instrumental activities
5    of daily living and play and leisure activities;
6        (b) evaluating, developing, remediating, or restoring
7    sensorimotor, cognitive, or psychosocial components of
8    performance with considerations for cultural context and
9    activity demands that affect performance;
10        (c) designing, fabricating, applying, or training in
11    the use of assistive technology, adaptive devices, seating
12    and positioning, or temporary, orthoses and training in the
13    use of orthoses and prostheses;
14        (d) adapting environments and processes, including the
15    application of ergonomic principles, to enhance
16    performance and safety in daily life roles;
17        (e) for the occupational therapist or occupational
18    therapy assistant possessing advanced training, skill, and
19    competency as demonstrated through criteria examinations
20    that shall be determined by the Department, applying
21    physical agent modalities as an adjunct to or in
22    preparation for engagement in occupations;
23        (f) evaluating and providing intervention in
24    collaboration with the client, family, caregiver, or
25    others;
26        (g) educating the client, family, caregiver, or others



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1    in carrying out appropriate nonskilled interventions; and
2        (h) consulting with groups, programs, organizations,
3    or communities to provide population-based services; .
4        (i) assessing, recommending, and training in
5    techniques to enhance functional mobility, including
6    wheelchair management;
7        (j) driver rehabilitation and community mobility;
8        (k) management of feeding, eating, and swallowing to
9    enable or enhance performance of these tasks;
10        (l) low vision rehabilitation;
11        (m) lymphedema and wound care management;
12        (n) pain management; and
13        (o) care coordination, case management, and transition
14    services.
15    (8) (Blank). "An aide in occupational therapy" means an
16individual who provides supportive services to occupational
17therapists or occupational therapy assistants but who is not
18certified by a nationally recognized occupational therapy
19certifying or licensing body.
20    (9) "Address of record" means the designated address
21recorded by the Department in the applicant's or licensee's
22application file or license file as maintained by the
23Department's licensure maintenance unit. It is the duty of the
24applicant or licensee to inform the Department of any change of
25address, and those changes must be made either through the
26Department's website or by contacting the Department.



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1(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651,
2eff. 7-11-02; 93-461, eff. 8-8-03.)
3    (225 ILCS 75/3)  (from Ch. 111, par. 3703)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 3. Licensure requirement; exempt activities. After
6the effective date of this Act, no person shall practice
7occupational therapy or hold himself out as an occupational
8therapist or an occupational therapy assistant, or as being
9able to practice occupational therapy or to render services
10designated as occupational therapy in this State, unless he is
11licensed in accordance with the provisions of this Act.
12    Nothing in this Act shall be construed as preventing or
13restricting the practice, services, or activities of:
14    (1) Any person licensed in this State by any other law from
15engaging in the profession or occupation for which he is
16licensed; or
17    (2) Any person employed as an occupational therapist or
18occupational therapy assistant by the Government of the United
19States, if such person provides occupational therapy solely
20under the direction or control of the organization by which he
21or she is employed; or
22    (3) Any person pursuing a course of study leading to a
23degree or certificate in occupational therapy at an accredited
24or approved educational program if such activities and services
25constitute a part of a supervised course of study, and if such



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



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



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1United States or country and who is qualified to receive a
2license under the provisions of either Section 8 or 9 of this
3Act. In no event shall this exemption extend to any person for
4longer than 6 months.
5    (8) (Blank). The practice of occupational therapy by one
6who has applied to the Department, in form and substance
7satisfactory to the Department, and who is qualified to receive
8a license under the provisions of either Section 8 or 9 of this
9Act. In no event shall this exemption extend to any person for
10longer than 6 months.
11(Source: P.A. 93-461, eff. 8-8-03.)
12    (225 ILCS 75/3.1)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 3.1. Referrals.
15    (a) A licensed occupational therapist or licensed
16occupational therapy assistant may consult with, educate,
17evaluate, and monitor services for individuals, groups, and
18populations clients concerning non-medical occupational
19therapy needs. Except as indicated in subsections (b) and (c)
20of this Section, implementation Implementation of direct
21occupational therapy treatment to individuals for their
22specific health care conditions shall be based upon a referral
23from a licensed physician, dentist, podiatrist, advanced
24practice nurse who has a written collaborative agreement with a
25collaborating physician to provide or accept referrals from



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1licensed occupational therapists, physician assistant who has
2been delegated authority to provide or accept referrals from or
3to licensed occupational therapists, or optometrist.
4    (b) A referral is not required for the purpose of providing
5consultation, habilitation, screening, education, wellness,
6prevention, environmental assessments, and work-related
7ergonomic services to individuals, groups, or populations.
8    (c) Referral from a physician or other health care provider
9is not required for evaluation or intervention for children and
10youths if an occupational therapist or occupational therapy
11assistant provides services in a school-based or educational
12environment, including the child's home.
13    (d) An occupational therapist shall refer to a licensed
14physician, dentist, optometrist, advanced practice nurse,
15physician assistant, or podiatrist any patient whose medical
16condition should, at the time of evaluation or treatment, be
17determined to be beyond the scope of practice of the
18occupational therapist.
19(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
20eff. 8-20-04.)
21    (225 ILCS 75/3.3)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 3.3. Rules. The Department shall promulgate rules to
24define and regulate the activities of an aide in occupational
25therapy aides.



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1(Source: P.A. 92-297, eff. 1-1-02.)
2    (225 ILCS 75/3.5)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 3.5. Unlicensed practice; violation; civil penalty.
5    (a) In addition to any other penalty provided by law, any
6Any person who practices, offers to practice, attempts to
7practice, or holds oneself out to practice as an occupational
8therapist or assistant without being licensed under this Act
9shall, in addition to any other penalty provided by law, pay a
10civil penalty to the Department in an amount not to exceed
11$10,000 $5,000 for each offense as determined by the
12Department. The civil penalty shall be assessed by the
13Department after a hearing is held in accordance with the
14provisions set forth in this Act regarding the provision of a
15hearing for the discipline of a licensee.
16    (b) The Department has the authority and power to
17investigate any and all unlicensed activity.
18    (c) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty. The
20order shall constitute a judgment and may be filed and
21execution had thereon in the same manner as any judgment from
22any court of record.
23(Source: P.A. 89-474, eff. 6-18-96.)
24    (225 ILCS 75/4)  (from Ch. 111, par. 3704)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 4. Administration of Act; rules and forms.
3    (a) The Department shall exercise the powers and duties
4prescribed by the Civil Administrative Code of Illinois for the
5administration of licensing Acts and shall exercise such other
6powers and duties necessary for effectuating the purposes of
7this Act.
8    (b) The Secretary may Director shall promulgate rules
9consistent with the provisions of this Act for the
10administration and enforcement thereof, and for the payment of
11fees connected therewith, and may prescribe forms which shall
12be issued in connection therewith. The rules may shall include
13but not be limited to the standards and criteria for licensure
14and professional conduct and discipline; the standards and
15criteria used in determining when oral interviews will be
16conducted; the standards and criteria used when determining
17fitness to practice therapy; and the procedures followed in
18oral interviews. The Department may shall consult with the
19Board in promulgating rules. Notice of proposed rulemaking
20shall be transmitted to the Board and the Department shall
21review the Board's response and any recommendations made
22therein. The Department shall notify the Board in writing with
23proper explanation of deviations from the Board's
24recommendations and responses.
25    (c) The Department may at any time seek the advice and the
26expert knowledge of the Board on any matter relating to the



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1administration of this Act.
2    (d) The Department shall issue quarterly a report to the
3Board of the status of all complaints related to the profession
4filed with the Department.
5(Source: P.A. 84-793.)
6    (225 ILCS 75/5)  (from Ch. 111, par. 3705)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 5. Board. The Secretary Director shall appoint an
9Illinois Occupational Therapy Licensure Board as follows: 7
10persons who shall be appointed by and shall serve in an
11advisory capacity to the Secretary. Director. Four One member
12must be a physician licensed to practice medicine in all of its
13branches; 3 members must be licensed occupational therapists in
14good standing, and actively engaged in the practice of
15occupational therapy in this State; 2 members must be licensed
16occupational therapy assistants in good standing and actively
17engaged in the practice of occupational therapy in this State;
18and 1 member must be a public member who is not licensed under
19this Act, or a similar Act of another jurisdiction, and is not
20a provider of health care service.
21    Members shall serve 4 year terms and until their successors
22are appointed and qualified. No member shall be appointed under
23this or any prior Act to the Board for service which would
24constitute more than 2 full consecutive terms. Appointments to
25fill vacancies shall be made in the same manner as original



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1appointments, for the unexpired portion of the vacated term.
2Initial terms shall begin upon the effective date of this Act.
3    The membership of the Board should reasonably reflect
4representation from the geographic areas in this State.
5    The Secretary shall have the authority to remove or suspend
6any member of the Board for cause at any time before the
7expiration of his or her term. The Secretary shall be the sole
8arbiter of cause. Director may terminate the appointment of any
9member for cause which in the opinion of the Director
10reasonably justifies such termination.
11    The Secretary Director shall consider the recommendations
12of the Board on questions involving standards of professional
13conduct, discipline and qualifications of candidates and
14license holders under this Act.
15    Four members of the Board shall constitute a quorum. A
16quorum is required for all Board decisions.
17    Members of the Board have no liability in any action based
18upon any disciplinary proceeding or other activity performed in
19good faith as a member of the Board.
20    Members of the Board shall be reimbursed for all
21legitimate, necessary, and authorized expenses incurred in
22attending the meetings of the Board.
23(Source: P.A. 93-461, eff. 8-8-03.)
24    (225 ILCS 75/6)  (from Ch. 111, par. 3706)
25    (Section scheduled to be repealed on January 1, 2014)



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1    Sec. 6. Applications for original licensure. Applications
2for original licensure shall be made to the Department in
3writing on forms prescribed by the Department and shall be
4accompanied by the required fee, which shall not be returnable.
5Any such application shall require such information as in the
6judgment of the Department will enable the Department to pass
7on the qualifications of the applicant for licensure.
8Applicants have 3 years from the date of application to
9complete the application process. If the process has not been
10completed within 3 years, the application shall be denied, the
11fee forfeited, and the applicant must reapply and meet the
12requirements in effect at the time of reapplication.
13(Source: P.A. 83-696.)
14    (225 ILCS 75/7)  (from Ch. 111, par. 3707)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 7. Examinations. The Department shall authorize
17examinations of applicants for a license under this Act at the
18times at least annually and at such time and place as it may
19designate. The examination shall be of a character to give a
20fair test of the qualifications of the applicant to practice
21occupational therapy.
22    Applications for examination as occupational therapists
23and occupational therapy assistants shall be required to pay,
24either to the Department or the designated testing service, a
25fee covering the cost of providing the examination. Failure to



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1appear for the examination on the scheduled date, at the time
2and place specified, after the applicant's application for
3examination has been received and acknowledged by the
4Department or the designated testing service, shall result in
5the forfeiture of the examination fee.
6    If an applicant neglects, fails or refuses to take the
7examination within 90 days after the date the Confirmation of
8Examination and Eligibility to Examine Notice is issued or
9fails to pass an examination for certification under this Act,
10the application shall be denied. If an applicant fails to pass
11an examination for registration under this Act within 3 years
12after filing his application, the application shall be denied.
13The applicant may thereafter make a new application accompanied
14by the required fee, however, the applicant shall meet all
15requirements in effect at the time of subsequent application
16before obtaining licensure.
17    The Department may employ consultants for the purposes of
18preparing and conducting examinations.
19(Source: P.A. 93-461, eff. 8-8-03.)
20    (225 ILCS 75/8)  (from Ch. 111, par. 3708)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 8. A person shall be qualified for licensure as an
23occupational therapist if that person:
24        (1) has applied in writing in form and substance to the
25    Department;



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1        (2) (blank);
2        (3) has completed an occupational therapy program of at
3    least 4 years in length, leading to a Masters or doctoral
4    baccalaureate degree, or its equivalent, approved by the
5    Department; and
6        (4) has successfully completed the examination
7    authorized by the Department within the past 5 years.
8(Source: P.A. 93-461, eff. 8-8-03.)
9    (225 ILCS 75/11)  (from Ch. 111, par. 3711)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 11. Expiration and renewal; restoration; military
13    (a) The expiration date and renewal period for each
14certificate issued under this Act shall be set by rule.
15    (b) Any occupational therapist or occupational therapy
16assistant who has permitted his or her license to expire or who
17has had his or her license on inactive status may have his or
18her license restored by making application to the Department,
19by and filing proof acceptable to the Department of his fitness
20to have his license restored, by paying the required fee, and
21by showing proof of compliance with any continuing education
22requirements. Proof The Department may consider a certificate
23expired less than 5 years as prima facie evidence that the
24applicant is fit. If the applicant's license has expired or
25been placed on inactive status, proof of fitness may include



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1sworn evidence certifying to active practice in another
2jurisdiction satisfactory to the Department and by paying the
3required restoration fee.
4    If the occupational therapist or occupational therapy
5assistant has not maintained an active practice in another
6jurisdiction satisfactory to the Department, the Department
7shall determine, by an evaluation program established by rule,
8his fitness to resume active status and shall establish
9procedures and requirements for restoration. may require the
10occupational therapist or occupational therapy assistant to
11successfully complete a practice examination.
12    (c) However, any occupational therapist or occupational
13therapy assistant whose license expired while he was (1) in
14Federal Service on active duty with the Armed Forces of the
15United States, or the State Militia called into service or
16training, or (2) in training or education under the supervision
17of the United States preliminary to induction into the military
18service, may have his or her license certificate renewed or
19restored without paying any lapsed renewal fees if within 2
20years after honorable termination of such service, training or
21education except under conditions other than honorable, he or
22she furnishes furnished the Department with satisfactory
23evidence to the effect that he or she has been so engaged and
24that his or her service, training, or education has been so
26(Source: P.A. 93-461, eff. 8-8-03.)



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1    (225 ILCS 75/11.1)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 11.1. Continuing education requirement. As a
4condition for renewal of a license, licensees shall be required
5to complete continuing education in occupational therapy in
6accordance with rules established by the Department. All
7renewal applicants shall provide proof of having met the
8continuing competency requirements set forth in the rules of
9the Department. The Department shall provide by rule for an
10orderly process for the reinstatement of licenses that have not
11been renewed for failure to meet the continuing competency
12requirements. The continuing competency requirements may be
13waived in cases of extreme hardship as defined by rule.
14    The Department shall establish by rule a means for
15verifying the completion of the continuing competency required
16by this Section. This verification may be accomplished through
17audits of records maintained by licensees, by requiring the
18filing of continuing competency certificates with the
19Department, or by any other means established by the
21(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
22    (225 ILCS 75/12)  (from Ch. 111, par. 3712)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 12. Inactive status; restoration. Any occupational



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1therapist or occupational therapy assistant who notifies the
2Department in writing on forms prescribed by the Department,
3may elect to place his license on an inactive status and shall,
4subject to rules of the Department, be excused from payment of
5renewal fees until he notifies the Department in writing of his
6desire to resume active status.
7    Any occupational therapist or occupational therapy
8assistant requesting restoration from inactive or expired
9status shall be required to pay the current renewal fee,
10demonstrate compliance with continuing education requirements,
11if any, and shall be required to restore his license as
12provided in Section 11.
13    Any occupational therapist or occupational therapy
14assistant whose license is in expired or an inactive status
15shall not practice occupational therapy in the State of
17(Source: P.A. 83-696.)
18    (225 ILCS 75/15)  (from Ch. 111, par. 3715)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 15. Any person who is issued a license as an
21occupational therapist registered under the terms of this Act
22may use the words "occupational therapist" or "licensed
23occupational therapist", or may use the letters "O.T.", "OT/L",
24or "OTR/L", "O.T", in connection with his or her name or place
25of business to denote his or her licensure under this Act.



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1    Any person who is issued a license as a occupational
2therapy assistant under the terms of this Act may use the
3words, "occupational therapy assistant" or "licensed
4occupational therapy assistant", or he or she may use the
5letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his
6or her name or place of business to denote his or her licensure
7under this Act.
8(Source: P.A. 93-461, eff. 8-8-03.)
9    (225 ILCS 75/16)  (from Ch. 111, par. 3716)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 16. Fees; returned checks. The fees for the
12administration and enforcement of this Act, including but not
13limited to, original certification, renewal, and restoration
14of a license issued under this Act, shall be set by rule. The
15fees shall be non-refundable.
16    Any person who delivers a check or other payment to the
17Department that is returned to the Department unpaid by the
18financial institution upon which it is drawn shall pay to the
19Department, in addition to the amount already owed to the
20Department, a fine of $50. The fines imposed by this Section
21are in addition to any other discipline provided under this Act
22for unlicensed practice or practice on a nonrenewed license.
23The Department shall notify the person that payment of fees and
24fines shall be paid to the Department by certified check or
25money order within 30 calendar days of the notification. If,



09800HB2996ham001- 23 -LRB098 10815 MGM 42068 a

1after the expiration of 30 days from the date of the
2notification, the person has failed to submit the necessary
3remittance, the Department shall automatically terminate the
4license or certificate or deny the application, without
5hearing. If, after termination or denial, the person seeks a
6license or certificate, he or she shall apply to the Department
7for restoration or issuance of the license or certificate and
8pay all fees and fines due to the Department. The Department
9may establish a fee for the processing of an application for
10restoration of a license or certificate to pay all expenses of
11processing this application. The Secretary Director may waive
12the fines due under this Section in individual cases where the
13Secretary Director finds that the fines would be unreasonable
14or unnecessarily burdensome.
15    However, any person whose license has expired while he has
16been engaged (1) in federal or state service active duty, or
17(2) in training or education under the supervision of the
18United States preliminary to induction into the military
19service, may have his license renewed, reinstated or restored
20without paying any lapsed renewal and restoration fees, if
21within 2 years after termination of such service, training or
22education other than by dishonorable discharge, he furnishes
23the Department with satisfactory proof that he has been so
24engaged and that his service, training or education has been so
26(Source: P.A. 92-146, eff. 1-1-02.)



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1    (225 ILCS 75/16.5)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 16.5. Deposit of fees and fines. All Beginning July 1,
41995, all of the fees, penalties, and fines collected under
5this Act shall be deposited into the General Professions
6Dedicated Fund and shall be appropriated to the Department for
7the ordinary and contingent expenses of the Department in the
8administration of this Act.
9(Source: P.A. 88-683, eff. 1-24-95.)
10    (225 ILCS 75/18)  (from Ch. 111, par. 3718)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 18. Advertising.
13    (a) Any person licensed under this Act may advertise the
14availability of professional services in the public media or on
15the premises where such professional services are rendered as
16permitted by law, on the condition that such advertising is
17truthful and not misleading and is in conformity with rules
18promulgated by the Department. Advertisements shall not
19include false, fraudulent, deceptive, or misleading material
20or guarantees of success.
21    (b) A licensee shall include in every advertisement for
22services regulated under this Act his or her title as it
23appears on the license or the initials authorized under this



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



09800HB2996ham001- 26 -LRB098 10815 MGM 42068 a

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



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



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



09800HB2996ham001- 29 -LRB098 10815 MGM 42068 a

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



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1    optometrist who established a diagnosis that the patient is
2    receiving occupational therapy pursuant to that
3    diagnosis. ;
4        (25) Cheating on or attempting to subvert the licensing
5    examination administered under this Act; and
6        (26) Charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services are not rendered.
9    All fines imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the fine
11or in accordance with the terms set forth in the order imposing
12the fine.
13    (b) The determination by a circuit court that a license
14holder is subject to involuntary admission or judicial
15admission as provided in the Mental Health and Developmental
16Disabilities Code, as now or hereafter amended, operates as an
17automatic suspension. Such suspension will end only upon a
18finding by a court that the patient is no longer subject to
19involuntary admission or judicial admission, and an order by
20the court so finding and discharging the patient. In any case
21where a license is suspended under this provision, the licensee
22shall file a petition for restoration and shall include
23evidence acceptable to the Department that the licensee can
24resume practice in compliance with acceptable and prevailing
25standards of their profession. , and the recommendation of the
26Board to the Director that the license holder be allowed to



09800HB2996ham001- 31 -LRB098 10815 MGM 42068 a

1resume his practice.
2    (c) The Department may refuse to issue or may suspend
3without hearing, as provided for in the Code of Civil
4Procedure, take disciplinary action concerning the license of
5any person who fails to file a return, to pay the tax, penalty,
6or interest shown in a filed return, or to pay any final
7assessment of tax, penalty, or interest as required by any tax
8Act administered by the Illinois Department of Revenue, until
9such time as the requirements of any such tax Act are satisfied
10in accordance with subsection (a) of Section 2105-15 of the
11Department of Professional Regulation Law of the Civil
12Administrative 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



09800HB2996ham001- 33 -LRB098 10815 MGM 42068 a

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



09800HB2996ham001- 35 -LRB098 10815 MGM 42068 a

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 Department of
24Professional Regulation Law of the Civil Administrative Code of
26    (f) In cases where the Department of Healthcare and Family



09800HB2996ham001- 36 -LRB098 10815 MGM 42068 a

1Services has previously determined a licensee or a potential
2licensee is more than 30 days delinquent in the payment of
3child support and has subsequently certified the delinquency to
4the Department, the Department may refuse to issue or renew or
5may revoke or suspend that person's license or may take other
6disciplinary action against that person based solely upon the
7certification of delinquency made by the Department of
8Healthcare and Family Services in accordance with paragraph (5)
9of subsection (a) of Section 2105-15 of the Department of
10Professional Regulation Law of the Civil Administrative Code of
12(Source: P.A. 96-1482, eff. 11-29-10.)
13    (225 ILCS 75/19.1)  (from Ch. 111, par. 3720)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 19.1. Injunctive relief; order to cease and desist.
16(a) If any person violates the provisions of this Act, the
17Secretary Director may, in the name of the People of the State
18of Illinois, through the Attorney General of the State of
19Illinois or the State's Attorney of the county in which the
20violation is alleged to have occurred, petition for an order
21enjoining such violation or for an order enforcing compliance
22with this Act. Upon the filing of a verified petition in such
23court, the court may issue a temporary restraining order,
24without notice or bond, and may preliminarily and permanently
25enjoin such violation. If it is established that such person



09800HB2996ham001- 37 -LRB098 10815 MGM 42068 a

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



09800HB2996ham001- 38 -LRB098 10815 MGM 42068 a

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



09800HB2996ham001- 39 -LRB098 10815 MGM 42068 a

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



09800HB2996ham001- 40 -LRB098 10815 MGM 42068 a

1    Sec. 19.2a. Confidentiality. All information collected by
2the Department in the course of an examination or investigation
3of a licensee or applicant, including, but not limited to, any
4complaint against a licensee filed with the Department and
5information collected to investigate any such complaint, shall
6be maintained for the confidential use of the Department and
7shall not be disclosed. The Department may not disclose the
8information to anyone other than law enforcement officials,
9other regulatory agencies that have an appropriate regulatory
10interest as determined by the Secretary, or to a party
11presenting a lawful subpoena to the Department. Information and
12documents disclosed to a federal, State, county, or local law
13enforcement agency shall not be disclosed by the agency for any
14purpose to any other agency or person. A formal complaint filed
15against a licensee by the Department or any order issued by the
16Department against a licensee or applicant shall be a public
17record, except as otherwise prohibited by law.
18    (225 ILCS 75/19.3)  (from Ch. 111, par. 3722)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 19.3. Record of proceedings. The department, at its
21expense, shall preserve a record of all proceedings at the
22formal hearing of any case involving the refusal to issue or
23renew, or the taking of disciplinary action against, a license.
24The notice of hearing, complaint and all other documents in the
25nature of pleadings and written motions filed in the



09800HB2996ham001- 41 -LRB098 10815 MGM 42068 a

1proceedings, the transcript of testimony, the report of the
2Board and orders of the Department, shall be the record of such
3proceedings. Any licensee who is found to have violated this
4Act or who fails to appear for a hearing to refuse to issue,
5restore, or renew a license or to discipline a licensee may be
6required by the Department to pay for the costs of the
7proceeding. These costs are limited to costs for court
8reporters, transcripts, and witness attendance and mileage
9fees. All costs imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the
12(Source: P.A. 83-696.)
13    (225 ILCS 75/19.4)  (from Ch. 111, par. 3723)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 19.4. Subpoenas; oaths. The Department may shall have
16the power to subpoena and bring before it any person in this
17State and to take the oral or written testimony or compel the
18production of any books, papers, records, or any other
19documents that the Secretary or his or her designee deems
20relevant or material to an investigation or hearing conducted
21by the Department either orally or by deposition, or both, with
22the same fees and mileage and in the same manner as prescribed
23by law in judicial procedure in civil cases in courts of this
25    The Secretary Director, the designated hearing officer,



09800HB2996ham001- 42 -LRB098 10815 MGM 42068 a

1any and every member of the Board, or a certified shorthand
2court reporter may shall have power to administer oaths to
3witness at any hearing which the Department conducts. is
4authorized by law to conduct, and any other oaths required or
5authorized in any Act administered by the Department.
6Notwithstanding any other statute or Department rule to the
7contrary, all requests for testimony or production of documents
8or records shall be in accordance with this Act.
9(Source: P.A. 83-696.)
10    (225 ILCS 75/19.5)  (from Ch. 111, par. 3724)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 19.5. Attendance of witnesses; contempt. Any circuit
13court may, upon application of the Department or its designee,
14or the applicant or licensee, may against whom proceedings
15under Section 19 are pending, enter an order requiring the
16attendance and testimony of witnesses and their testimony, and
17the production of relevant documents, papers, files, books, and
18records in connection with any hearing or investigation. The
19court may compel obedience to its order by proceedings for
21(Source: P.A. 83-696.)
22    (225 ILCS 75/19.6)  (from Ch. 111, par. 3725)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 19.6. Findings of Board. At the conclusion of the



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



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



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1    (225 ILCS 75/19.9)  (from Ch. 111, par. 3728)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 19.9. Appointment of hearing officer. The Secretary
4Notwithstanding the provisions of Section 19.2, the Director
5shall have the authority to appoint any attorney duly licensed
6to practice law in the State of Illinois to serve as the
7hearing officer in any action involving a refusal to issue or
8renew, or the taking of disciplinary action against a license.
9The Director shall notify the Board of such appointment. The
10hearing officer shall have full authority to conduct the
11hearing. The hearing officer shall report his or her findings
12of fact, conclusions of law and recommendations to the Board
13and the Secretary Director. The Board shall have 60 days from
14receipt of the report to review the report of the hearing
15officer and present their findings of fact, conclusion of law
16and recommendations to the Secretary Director. If the Board
17fails to present its report within the 60 day period, the
18Secretary Director may issue an order based on the report of
19the hearing officer. If the Secretary Director disagrees in any
20regard with the report of the Board or hearing officer, then
21the Secretary he may issue an order in contravention thereof.
22The Director shall provide to the Board a written explanation
23for any deviation, and shall specify with particularity the
24reasons for such action in the final order.
25(Source: P.A. 88-424.)



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1    (225 ILCS 75/19.10)  (from Ch. 111, par. 3729)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 19.10. Order or certified copy; prima facie proof. An
4order or a certified copy thereof, over the seal of the
5Department and purporting to be signed by the Secretary
6Director, shall be prima facie proof that:
7        (1) the signature is the genuine signature of the
8    Secretary Director; and
9        (2) the Secretary Director is duly appointed and
10    qualified. ; and
11        (3) the Board and the members thereof are qualified to
12    act.
13(Source: P.A. 91-357, eff. 7-29-99.)
14    (225 ILCS 75/19.11)  (from Ch. 111, par. 3730)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 19.11. Restoration of license from discipline. At any
17time after successful completion of a term of indefinite
18probation, suspension, or revocation of a license, the
19Department may restore the license to the licensee, unless,
20after an investigation and a hearing, the Secretary determines
21that restoration is not in the public interest or that the
22licensee has not been sufficiently rehabilitated to warrant the
23public trust. No person or entity whose license, certificate,
24or authority has been revoked as authorized in this Act may



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



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 19.15. Certification of record. The Department shall
3not be required to certify any record to the court or file any
4answer in court or otherwise appear in any court in a judicial
5review proceeding, unless and until the Department has received
6from the plaintiff there is filed in the court, with the
7complaint, a receipt from the Department acknowledging payment
8of the costs of furnishing and certifying the record, which
9costs shall be determined by the Department. Exhibits shall be
10certified without cost. Failure on the part of the plaintiff to
11file a receipt in court shall be grounds for dismissal of the
13(Source: P.A. 87-1031.)
14    (225 ILCS 75/19.16)  (from Ch. 111, par. 3735)
15    (Section scheduled to be repealed on January 1, 2014)
16    Sec. 19.16. Criminal penalties. Any person who is found to
17have violated knowingly violates any provision of this Act is
18guilty of a Class A misdemeanor for the first offense. On
19conviction of a second or subsequent offense the violator shall
20be guilty of a Class 4 felony.
21(Source: P.A. 83-696.)
22    (225 ILCS 75/20)  (from Ch. 111, par. 3736)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 20. Administrative Procedure Act. The Illinois



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1Administrative Procedure Act is hereby expressly adopted and
2incorporated herein as if all of the provisions of that Act
3were included in this Act, except that the provision of
4subsection (d) of Section 10-65 of the Illinois Administrative
5Procedure Act that provides that at hearings the certificate
6holder has the right to show compliance with all lawful
7requirements for retention, continuation or renewal of
8certification is specifically excluded. For the purpose of this
9Act the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11to the last known address of record of a party.
12(Source: P.A. 88-45.)
13    (225 ILCS 75/21)  (from Ch. 111, par. 3737)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 21. Home rule. The regulation and licensing as a
16occupational therapist are exclusive powers and functions of
17the State. A home rule unit may not regulate or license an
18occupational therapist or the practice of occupational
19therapy. This Section is a denial and limitation of home rule
20powers and functions under subsection (h) of Section 6 of
21Article VII of the Illinois Constitution. It is declared to be
22the public policy of this State, pursuant to paragraphs (h) and
23(i) of Section 6 of Article VII of the Illinois Constitution of
241970, that any power or function set forth in this Act to be
25exercised by the State is an exclusive State power or function.



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1Such power or function shall not be exercised concurrently,
2either directly or indirectly, by any unit of local government,
3including home rule units, except as otherwise provided in this
5(Source: P.A. 83-696.)
6    (225 ILCS 75/10 rep.)
7    Section 15. The Illinois Occupational Therapy Practice Act
8is amended by repealing Section 10.
9    Section 99. Effective date. This Act takes effect December
1031, 2013.".