(225 ILCS 75/2)
(from Ch. 111, par. 3702)
(Section scheduled to be repealed on January 1, 2024)
In this Act:
(1) "Department" means the Department of Financial and Professional Regulation.
(2) "Secretary" means the Secretary of the Department of Financial and Professional Regulation.
(3) "Board" means the Illinois Occupational Therapy Licensure Board
appointed by the Secretary.
(4) "Occupational therapist" means a person initially
registered and licensed to practice
occupational therapy as defined in this Act, and whose license is in good
(5) "Occupational therapy assistant" means a person
initially registered and licensed to assist in the practice of occupational
therapy under the supervision of a licensed occupational
therapist, and to implement the occupational therapy treatment program as
established by the licensed occupational therapist.
(6) "Occupational therapy" means the therapeutic use of purposeful and
meaningful occupations or goal-directed activities to evaluate and provide
interventions for individuals, groups, and populations who have a disease or disorder,
an impairment, an activity limitation, or a participation restriction that
interferes with their ability to function independently in their daily life
roles, including activities of daily living (ADLs) and instrumental activities of daily living (IADLs). Occupational therapy services are provided for the purpose of habilitation, rehabilitation, and to promote health and wellness. Occupational therapy may be provided via technology or telecommunication methods, also known as telehealth, however the standard of care shall be the same whether a patient is seen in person, through telehealth, or other method of electronically enabled health care. Occupational therapy practice
may include any of the following:
(a) remediation or restoration of performance
abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes;
(b) modification or adaptation of task, process, or
the environment or the teaching of compensatory techniques in order to enhance performance;
(c) disability prevention methods and techniques that
facilitate the development or safe application of performance skills; and
(d) health and wellness promotion strategies,
including self-management strategies, and practices that enhance performance abilities.
The licensed occupational therapist or licensed occupational therapy assistant may assume a variety of roles in
his or her career including,
but not limited to, practitioner, supervisor of professional students and
volunteers, researcher, scholar, consultant, administrator, faculty, clinical
instructor, fieldwork educator, and educator of consumers, peers, and family.
(7) "Occupational therapy services" means services that may be provided to
individuals, groups, and populations, when provided to treat an occupational therapy need, including the following:
(a) evaluating, developing, improving, sustaining, or
restoring skills in activities of daily living, work, or productive activities, including instrumental activities of daily living and play and leisure activities;
(b) evaluating, developing, remediating, or restoring
sensorimotor, cognitive, or psychosocial components of performance with considerations for cultural context and activity demands that affect performance;
(c) designing, fabricating, applying, or training in
the use of assistive technology, adaptive devices, seating and positioning, or temporary, orthoses and training in the use of orthoses and prostheses;
(d) adapting environments and processes, including
the application of ergonomic principles, to enhance performance and safety in daily life roles;
(e) for the occupational therapist or occupational
therapy assistant possessing advanced training, skill, and competency as demonstrated through criteria that shall be determined by the Department, applying physical agent modalities, including dry needling, as an adjunct to or in preparation for engagement in occupations;
(f) evaluating and providing intervention in
collaboration with the client, family, caregiver, or others;
(g) educating the client, family, caregiver, or
others in carrying out appropriate nonskilled interventions;
(h) consulting with groups, programs, organizations,
or communities to provide population-based services;
(i) assessing, recommending, and training in
techniques to enhance functional mobility, including wheelchair management;
(j) driver rehabilitation and community
(k) management of feeding, eating, and
swallowing to enable or enhance performance of these tasks;
(l) low vision rehabilitation;
(m) lymphedema and wound care management;
(n) pain management; and
(o) care coordination, case management, and
(9) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit. It is the duty of the applicant or licensee to inform the Department of any change of address, and those changes must be made either through the Department's website or by contacting the Department.
(Source: P.A. 102-307, eff. 1-1-22
(225 ILCS 75/3)
(from Ch. 111, par. 3703)
(Section scheduled to be repealed on January 1, 2024)
Licensure requirement; exempt activities.
After the effective date of this Act, no person shall practice
occupational therapy or hold himself out as an occupational therapist or
an occupational therapy assistant, or as being able to practice occupational
therapy or to render services designated as occupational therapy in this State,
he is licensed in accordance with the provisions of this Act.
Nothing in this Act shall be construed as preventing or restricting the
practice, services, or activities of:
(1) Any person licensed in this State by any other
law from engaging in the profession or occupation for which he is licensed; or
(2) Any person employed as an occupational therapist
or occupational therapy assistant by the Government of the United States, if such person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; or
(3) Any person pursuing a course of study leading to
a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study, and if such person is designated by a title which clearly indicates his or her status as a student or trainee; or
(4) Any person fulfilling the supervised work
experience requirements of Sections 8 and 9 of this Act, if such activities and services constitute a part of the experience necessary to meet the requirement of those Sections; or
(5) Any person performing occupational therapy
services in the State, if such a person is not a resident of this State and is not licensed under this Act, and if such services are performed for no more than 60 days a calendar year in association with an occupational therapist licensed under this Act and if such person meets the qualifications for license under this Act and:
(i) such person is licensed under the law of
another state which has licensure requirements at least as restrictive as the requirements of this Act, or
(ii) such person meets the requirements for
certification as an Occupational Therapist Registered (O.T.R.) or a Certified Occupational Therapy Assistant (C.O.T.A.) established by the National Board for Certification of Occupational Therapy or another nationally recognized credentialing body approved by the Board; or
(6) The practice of occupational therapy by one who
has applied in writing to the Department for a license, in form and substance satisfactory to the Department, and has complied with all the provisions of either Section 8 or 9 except the passing of the examination to be eligible to receive such license. In no event shall this exemption extend to any person for longer than 6 months, except as follows:
(i) if the date on which a person can take the
next available examination authorized by the Department extends beyond 6 months from the date the person completes the occupational therapy program as required under Section 8 or 9, the Department shall extend the exemption until the results of that examination become available to the Department; or
(ii) if the Department is unable to complete its
evaluation and processing of a person's application for a license within 6 months after the date on which the application is submitted to the Department in proper form, the Department shall extend the exemption until the Department has completed its evaluation and processing of the application.
In the event such applicant fails the examination,
the applicant shall cease work immediately until such time as the applicant is licensed to practice occupational therapy in this State; or
(7) The practice of occupational therapy by one who
has applied to the Department, in form and substance satisfactory to the Department, and who is licensed to practice occupational therapy under the laws of another state, territory of the United States or country and who is qualified to receive a license under the provisions of either Section 8 or 9 of this Act. In no event shall this exemption extend to any person for longer than 6 months; or
(Source: P.A. 98-264, eff. 12-31-13; 98-756, eff. 7-16-14.)
(225 ILCS 75/19)
(from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2024)
Grounds for discipline.
(a) The Department may refuse to issue or renew, or may revoke,
suspend, place on probation, reprimand or take other disciplinary or non-disciplinary
action as the Department may deem proper, including imposing fines not to exceed
$10,000 for each violation and the assessment of costs as provided under Section 19.3 of this Act, with regard to any license for
any one or combination of the following:
(1) Material misstatement in furnishing information
(2) Violations of this Act, or of the rules
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession;
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act, or in connection with applying for renewal of a license under this Act;
(5) Professional incompetence;
(6) Aiding or assisting another person, firm,
partnership or corporation in violating any provision of this Act or rules;
(7) Failing, within 60 days, to provide information
in response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein;
(11) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered. Nothing in this paragraph (11) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (11) shall be construed to require an employment arrangement to receive professional fees for services rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has violated the terms of the discipline;
(13) Wilfully making or filing false records or
reports in the practice of occupational therapy, including but not limited to false records filed with the State agencies or departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor skill which results in the inability to practice under this Act with reasonable judgment, skill, or safety;
(15) Solicitation of professional services other than
by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act;
(17) Practicing under a false or, except as provided
(18) Professional incompetence or gross negligence;
(20) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner to exploit the client for financial gain of the licensee;
(21) Gross, willful, or continued overcharging for
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable judgment, skill, or safety;
(23) Violating the Health Care Worker Self-Referral
(24) Having treated patients other than by the
practice of occupational therapy as defined in this Act, or having treated patients as a licensed occupational therapist independent of a referral from a physician, advanced practice registered nurse or physician assistant in accordance with Section 3.1, dentist, podiatric physician, or optometrist, or having failed to notify the physician, advanced practice registered nurse, physician assistant, dentist, podiatric physician, or optometrist who established a diagnosis that the patient is receiving occupational therapy pursuant to that diagnosis;
(25) Cheating on or attempting to subvert the
licensing examination administered under this Act; and
(26) Charging for professional services not rendered,
including filing false statements for the collection of fees for which services are not rendered.
All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
(b) The determination by a circuit court that a license holder is subject
to involuntary admission or judicial admission as provided in the Mental
Health and Developmental Disabilities Code, as now or hereafter amended,
operates as an automatic suspension. Such suspension will end only upon
a finding by a court that the patient is no longer subject to involuntary
admission or judicial admission and an order by the court so finding and
discharging the patient. In any case where a license is suspended under this provision, the licensee shall file a petition for restoration and shall include evidence acceptable to the Department that the licensee can resume practice in compliance with acceptable and prevailing standards of their profession.
(c) The Department may refuse to issue or may suspend without hearing, as provided for in the Code of Civil Procedure,
the license of any person who fails to file a return, to pay the tax, penalty,
shown in a filed return, or to pay any final assessment of tax, penalty, or
required by any tax Act administered by the Illinois Department of Revenue, until such
the requirements of any such tax Act are satisfied in accordance with subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(d) In enforcing this Section, the Department, upon a showing of a possible violation, may compel any individual who is licensed under this Act or any individual who has applied for licensure to submit to a mental or physical examination or evaluation, or both, which may include a substance abuse or sexual offender evaluation, at the expense of the Department. The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination and evaluation. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed chiropractic physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination and evaluation pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
The Department may order the examining physician or any member of the multidisciplinary team to provide to the Department any and all records, including business records, that relate to the examination and evaluation, including any supplemental testing performed. The Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this examination and evaluation of the licensee or applicant, including testimony concerning any supplemental testing or documents relating to the examination and evaluation. No information, report, record, or other documents in any way related to the examination and evaluation shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team. No authorization is necessary from the licensee or applicant ordered to undergo an evaluation and examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical examination or evaluation, or both, when directed, shall result in an automatic suspension without hearing, until such time as the individual submits to the examination. If the Department finds a licensee unable to practice because of the reasons set forth in this Section, the Department shall require the licensee to submit to care, counseling, or treatment by physicians approved or designated by the Department as a condition for continued, reinstated, or renewed licensure.
When the Secretary immediately suspends a license under this Section, a hearing upon such person's license must be convened by the Department within 15 days after the suspension and completed without appreciable delay. The Department shall have the authority to review the licensee's record of treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.
Individuals licensed under this Act that are affected under this Section, shall be afforded an opportunity to demonstrate to the Department that they can resume practice in compliance with acceptable and prevailing standards under the provisions of their license.
(f) In cases where the Department of Healthcare and Family Services has previously determined a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.
(Source: P.A. 100-513, eff. 1-1-18; 100-872, eff. 8-14-18.)