State of Illinois
91st General Assembly

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SB658 Enrolled                                 LRB9103047ACtm

 1        AN  ACT  to  create  the  Orthotics,   Prosthetics,   and
 2    Pedorthics Practice Act.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Orthotics, Prosthetics, and Pedorthics Practice Act.

 7        Section  5.  Declaration of public policy.   The practice
 8    of orthotics and prosthetics in the State of Illinois  is  an
 9    allied  health  profession recognized by the American Medical
10    Association, with educational standards  established  by  the
11    Commission   on  Accreditation  of  Allied  Health  Education
12    Programs.    The practice  of  pedorthics  in  the  State  of
13    Illinois  is  an  allied  health profession recognized by the
14    American Academy of Orthopaedic  Surgeons,  with  educational
15    standards  established  by  the  Board  for  Certification in
16    Pedorthics.  The  increasing  population   of   elderly   and
17    physically   challenged   individuals   who   need  orthotic,
18    prosthetic,  and  pedorthic  services   requires   that   the
19    orthotic,  prosthetic, and pedorthic professions be regulated
20    to ensure the provision of high-quality services and devices.
21    The people of Illinois deserve the best care  available,  and
22    will  benefit  from  the  assurance  of  initial  and ongoing
23    professional competence of the orthotists, prosthetists,  and
24    pedorthists  practicing  in  this  State.   The  practice  of
25    orthotics,  prosthetics, and pedorthics serves to improve and
26    enhance  the  lives  of  individuals  with  disabilities   by
27    enabling  them  to  resume productive lives following serious
28    illness,  injury,  or  trauma.   Unregulated  dispensing   of
29    orthotic,  prosthetic, and pedorthic care does not adequately
30    meet the needs or serve the  interests  of  the  public.   In
31    keeping  with  State  requirements  imposed on similar health
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 1    disciplines,  licensure  of  the  orthotic,  prosthetic,  and
 2    pedorthic professions will help ensure the health and  safety
 3    of  consumers, as well as maximize their functional abilities
 4    and  productivity  levels.   This  Act  shall  be   liberally
 5    construed to best carry out these subjects and purposes.

 6        Section 10.  Definitions.  As used in this Act:
 7        "Assistant"  means  a  person  who  assists an orthotist,
 8    prosthetist,  or  prosthetist/orthotist  with  patient   care
 9    services  and fabrication of orthoses or prostheses under the
10    supervision of a licensed orthotist or prosthetist.
11        "Board" means the Board of  Orthotics,  Prosthetics,  and
12    Pedorthics.
13        "Custom" means that an orthosis, prosthesis, or pedorthic
14    device  is designed, fabricated, and aligned specifically for
15    one person in accordance with sound biomechanical principles.
16        "Custom fitted"  means  that  a  prefabricated  orthosis,
17    prosthesis,  or  pedorthic  device  is  modified  and aligned
18    specifically  for  one  person  in  accordance   with   sound
19    biomechanical principles.
20        "Department"   means   the   Department  of  Professional
21    Regulation.
22        "Director" means the Director of Professional Regulation.
23        "Facility" means the business  location  where  orthotic,
24    prosthetic, or pedorthic care is provided and, in the case of
25    an orthotic/prosthetic facility, has the appropriate clinical
26    and  laboratory  space and equipment to provide comprehensive
27    orthotic or prosthetic care and, in the case of  a  pedorthic
28    facility, has the appropriate clinical space and equipment to
29    provide  pedorthic care.   Licensed orthotists, prosthetists,
30    and pedorthists must be available to either provide  care  or
31    supervise the provision of care by registered staff.
32        "Licensed  orthotist"  means a person licensed under this
33    Act to practice  orthotics  and  who  represents  himself  or
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 1    herself  to  the  public  by title or description of services
 2    that includes the term "orthotic", "orthotist", "brace", or a
 3    similar title or description of services.
 4        "Licensed pedorthist" means a person licensed under  this
 5    Act  to  practice  pedorthics  and  who represents himself or
 6    herself to the public by the title or description of services
 7    that include the term "pedorthic", "pedorthist", or a similar
 8    title or description of services.
 9        "Licensed physician" means a person  licensed  under  the
10    Medical Practice Act of 1987.
11        "Licensed  podiatrist"  means a person licensed under the
12    Podiatric Medical Practice Act of 1987.
13        "Licensed prosthetist" means a person licensed under this
14    Act to practice prosthetics and  who  represents  himself  or
15    herself  to  the  public  by title or description of services
16    that  includes   the   term   "prosthetic",    "prosthetist",
17    "artificial  limb",  or  a  similar  title  or description of
18    services.
19        "Orthosis" means  a  custom-fabricated  or  custom-fitted
20    brace   or   support   designed  to  provide  for  alignment,
21    correction, or prevention of neuromuscular or musculoskeletal
22    dysfunction, disease, injury, or deformity.  "Orthosis"  does
23    not   include  fabric  or  elastic  supports,  corsets,  arch
24    supports, low-temperature plastic splints,  trusses,  elastic
25    hoses,   canes,   crutches,  soft  cervical  collars,  dental
26    appliances, or other similar devices  carried  in  stock  and
27    sold  as "over-the-counter" items by a drug store, department
28    store, corset shop, or surgical supply facility.
29        "Orthotic  and  Prosthetic  Education  Program"  means  a
30    course  of  instruction  accredited  by  the  Commission   on
31    Accreditation of Allied Health Education Programs, consisting
32    of  (i)  a  basic  curriculum of college level instruction in
33    math, physics, biology, chemistry, and psychology and (ii)  a
34    specific   curriculum  in  orthotic  or  prosthetic  courses,
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 1    including:   (A)   lectures   covering   pertinent   anatomy,
 2    biomechanics, pathomechanics, prosthetic-orthotic  components
 3    and   materials,   training   and   functional  capabilities,
 4    prosthetic or orthotic performance  evaluation,  prescription
 5    considerations, etiology of amputations and disease processes
 6    necessitating   prosthetic   or  orthotic  use,  and  medical
 7    management; (B)  subject  matter  related  to  pediatric  and
 8    geriatric   problems;   (C)   instruction   in   acute   care
 9    techniques,  such  as  immediate  and   early   post-surgical
10    prosthetics   and   fracture   bracing  techniques;  and  (D)
11    lectures, demonstrations, and laboratory experiences  related
12    to   the  entire  process  of  measuring,  casting,  fitting,
13    fabricating, aligning, and completing prostheses or orthoses.
14        "Orthotic and prosthetic scope of practice" means a  list
15    of  tasks,  with  relative  weight  given  to such factors as
16    importance,   criticality,   and    frequency,    based    on
17    internationally accepted standards of orthotic and prosthetic
18    care  as outlined by the International Society of Prosthetics
19    and  Orthotics'  professional  profile  for  Category  I  and
20    Category III orthotic and prosthetic personnel.
21        "Orthotics" means the science and practice of evaluating,
22    measuring,  designing,  fabricating,   assembling,   fitting,
23    adjusting,  or  servicing  an  orthosis under an order from a
24    licensed  physician  or  podiatrist  for  the  correction  or
25    alleviation of neuromuscular or musculoskeletal  dysfunction,
26    disease, injury, or deformity.
27        "Orthotist"   means   a  person  who  measures,  designs,
28    fabricates, fits, or services orthoses  and  assists  in  the
29    formulation of the order of orthoses as ordered by a licensed
30    physician  for  the  support  or  correction  of disabilities
31    caused  by  neuro-musculoskeletal  diseases,   injuries,   or
32    deformities.
33        "Over-the-counter"  means  a prefabricated, mass-produced
34    device that  is  prepackaged  and  requires  no  professional
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 1    advice   or  judgement  in  either  size  selection  or  use,
 2    including fabric or elastic supports, corsets,  generic  arch
 3    supports, elastic hoses.
 4        "Pedorthic   device"  means  therapeutic  footwear,  foot
 5    orthoses for use at the ankle or below, and modified footwear
 6    made for therapeutic purposes.  "Pedorthic device"  does  not
 7    include     non-therapeutic     accommodative    inlays    or
 8    non-therapeutic accommodative footwear, regardless of  method
 9    of  manufacture,  shoe modifications made for non-therapeutic
10    purposes,    unmodified,    over-the-counter    shoes,     or
11    prefabricated foot care products.
12        "Pedorthic   education   program"   means   a  course  of
13    instruction accredited by  the  Board  for  Certification  in
14    Pedorthics   consisting   of   (i)   a  basic  curriculum  of
15    instruction in foot-related pathology of  diseases,  anatomy,
16    and  biomechanics and (ii) a specific curriculum in pedorthic
17    courses, including lectures covering  shoes,  foot  orthoses,
18    and  shoe  modifications, pedorthic components and materials,
19    training and functional capabilities,  pedorthic  performance
20    evaluation,  prescription considerations, etiology of disease
21    processes necessitating use  of  pedorthic  devices,  medical
22    management, subject matter related to pediatric and geriatric
23    problems,   and   lectures,  demonstrations,  and  laboratory
24    experiences related to the entire process  of  measuring  and
25    casting,   fitting,  fabricating,  aligning,  and  completing
26    pedorthic devices.
27        "Pedorthic scope of practice" means a list of tasks  with
28    relative   weight   given  to  such  factors  as  importance,
29    criticality,  and  frequency  based  on  nationally  accepted
30    standards of pedorthic care as  outlined  by  the  Board  for
31    Certification  in  Pedorthics' comprehensive analysis with an
32    empirical validation study of the profession performed by  an
33    independent testing company.
34        "Pedorthics"   means   the   science   and   practice  of
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 1    evaluating, measuring,  designing,  fabricating,  assembling,
 2    fitting,  adjusting, or servicing a pedorthic device under an
 3    order  from  a  licensed  physician  or  podiatrist  for  the
 4    correction or alleviation of neuromuscular or musculoskeletal
 5    dysfunction, disease, injury, or deformity.
 6        "Pedorthist"  means  a  person  who  measures,   designs,
 7    fabricates,  fits,  or services pedorthic devices and assists
 8    in the formulation of  the  order  of  pedorthic  devices  as
 9    ordered by a licensed physician for the support or correction
10    of  disabilities  caused  by  neuro-musculoskeletal diseases,
11    injuries, or deformities.
12        "Person" means a natural person.
13        "Prosthesis" means an artificial medical device  that  is
14    not  surgically  implanted  and  that  is  used  to replace a
15    missing limb, appendage, or any  other  external  human  body
16    part   including   an   artificial   limb,   hand,  or  foot.
17    "Prosthesis" does not include artificial eyes, ears, fingers,
18    or  toes,  dental  appliances,  cosmetic  devices   such   as
19    artificial breasts, eyelashes, or wigs, or other devices that
20    do  not  have  a  significant  impact  on the musculoskeletal
21    functions of the body.
22        "Prosthetics"  means  the   science   and   practice   of
23    evaluating,  measuring,  designing,  fabricating, assembling,
24    fitting, adjusting, or servicing a prosthesis under an  order
25    from a licensed physician.
26        "Prosthetist"  means  a  person  who  measures,  designs,
27    fabricates,  fits,  or services prostheses and assists in the
28    formulation of the  order  of  prostheses  as  ordered  by  a
29    licensed  physician  for the replacement of external parts of
30    the  human  body  lost  due  to  amputation   or   congenital
31    deformities or absences.
32        "Prosthetist/orthotist" means a person who practices both
33    disciplines  of  prosthetics and orthotics and who represents
34    himself or herself to the public by title or  by  description
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 1    of services.
 2        "Resident"  means a person who has completed an education
 3    program in either orthotics or prosthetics and is  continuing
 4    his  or  her  clinical education in a residency accredited by
 5    the National Commission on Orthotic and Prosthetic Education.
 6        "Technician" means a person  who  assists  an  orthotist,
 7    prosthetist,   prosthetist/orthotist,   or   pedorthist  with
 8    fabrication of orthoses, prostheses, or pedorthic devices but
 9    does not provide direct patient care.

10        Section 15.  Exceptions.  This Act shall not be construed
11    to prohibit:
12        (1)  a physician licensed in this State from engaging  in
13    the practice for which he or she is licensed;
14        (2)  a  person licensed in this State under any other Act
15    from engaging  in  the  practice  for  which  he  or  she  is
16    licensed;
17        (3)  the   practice   of   orthotics,   prosthetics,   or
18    pedorthics  by  a  person  who  is  employed  by  the federal
19    government or any bureau, division, or agency of the  federal
20    government  while in the discharge of the employee's official
21    duties;
22        (4)  the   practice   of   orthotics,   prosthetics,   or
23    pedorthics  by  (i)  a  student  enrolled  in  a  school   of
24    orthotics,   prosthetics,  or  pedorthics,  (ii)  a  resident
25    continuing his or  her  clinical  education  in  a  residency
26    accredited   by  the  National  Commission  on  Orthotic  and
27    Prosthetic Education, or (iii) a student in a qualified  work
28    experience program or internship in pedorthics;
29        (5)  the   practice   of   orthotics,   prosthetics,   or
30    pedorthics  by  one  who  is  an  orthotist,  prosthetist, or
31    pedorthist licensed  under  the  laws  of  another  state  or
32    territory  of  the  United  States or another country and has
33    applied in writing to the Department, in a form and substance
SB658 Enrolled             -8-                 LRB9103047ACtm
 1    satisfactory to the Department, for a license  as  orthotist,
 2    prosthetist,  or  pedorthist  and who is qualified to receive
 3    the license under Section 40 until (i) the  expiration  of  6
 4    months  after the filing of the written application, (ii) the
 5    withdrawal of the application, or (iii)  the  denial  of  the
 6    application by the Department;
 7        (6)  a  person  licensed  by  this  State  as  a physical
 8    therapist or occupational therapist from engaging in  his  or
 9    her profession; or
10        (7)  a  physician  licensed  under  the Podiatric Medical
11    Practice Act of 1997 from engaging in his or her profession.

12        Section 20.  Powers and duties of the Department.
13        (a)  The Department shall exercise the powers and  duties
14    prescribed  by  the Civil Administrative Code of Illinois for
15    the administration of licensure Acts and shall exercise other
16    powers and duties necessary for effectuating the purposes  of
17    this Act.
18        (b)  The  Department  may  adopt  rules to administer and
19    enforce this Act including, but  not  limited  to,  fees  for
20    original  licensure  and  renewal and restoration of licenses
21    and may prescribe forms to be issued to implement its  rules.
22    The   Department   shall   exercise  the  powers  and  duties
23    prescribed by this Act.  At a minimum, the rules  adopted  by
24    the  Department  shall  include  standards  and  criteria for
25    licensure and for professional conduct and  discipline.   The
26    Department  shall  consult  with the Board in adopting rules.
27    Notice of proposed rulemaking shall  be  transmitted  to  the
28    Board,  and  the Department shall review the Board's response
29    and  any  recommendations  made  in   writing   with   proper
30    explanation  of  deviations  from the Board's recommendations
31    and response.
32        (c)  The Department at  any  time  may  seek  the  expert
33    advice  and  knowledge of the Board on any matter relating to
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 1    the enforcement of this Act.
 2        (d)  Department may adopt rules as necessary to establish
 3    eligibility for facility registration and standards.

 4        Section  25.   Board  of  Orthotics,   Prosthetics,   and
 5    Pedorthics.
 6        (a)  There   is   established   a   Board  of  Orthotics,
 7    Prosthetics, and Pedorthics, which shall consist of 6  voting
 8    members  to be appointed by the Director. Three members shall
 9    be practicing licensed orthotists, licensed prosthetists,  or
10    licensed  pedorthists.  These members may be licensed in more
11    than one  discipline  and  their  appointments  must  equally
12    represent  all 3 disciplines. One member shall be a member of
13    the public who is a  consumer  of  orthotic,  prosthetic,  or
14    pedorthic  professional  services.   One  member  shall  be a
15    public member who  is  not  licensed  under  this  Act  or  a
16    consumer  of  services  licensed  under this Act.  One member
17    shall be a licensed physician.
18        (b)  Each member of the Board shall serve  a  term  of  3
19    years,  except that of the initial appointments to the Board,
20    2 members shall be appointed for one year, 2 members shall be
21    appointed for 2 years, and 2 members shall be appointed for 3
22    years.  Each member shall hold office and execute his or  her
23    Board    responsibilities   until   the   qualification   and
24    appointment of his or her successor.  No member of the  Board
25    shall  serve  more  than 8 consecutive years or 2 full terms,
26    whichever is greater.
27        (c)  Members of the Board shall receive as compensation a
28    reasonable sum as determined by the  Director  for  each  day
29    actually  engaged  in  the  duties of the office and shall be
30    reimbursed for reasonable expenses incurred in performing the
31    duties of the office.
32        (d)  A quorum of the Board shall consist of a majority of
33    Board members currently appointed.
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 1        (e)  The Director may terminate the  appointment  of  any
 2    member  for  cause  which,  in  the  opinion  of the Director
 3    reasonably justifies termination, which may include,  but  is
 4    not  limited  to,  a  Board  member  who  does  not  attend 2
 5    consecutive meetings.
 6        (f)  Membership of the Board  should  reasonably  reflect
 7    representation from the geographic areas in this State.

 8        Section 30.  Board; immunity; chairperson.
 9        (a)  Members  of  the  Board shall be immune from suit in
10    any action based upon any disciplinary  proceeding  or  other
11    activities performed in good faith as members of the Board.
12        (b)  The  Board  shall  annually  elect a chairperson and
13    vice chairperson who shall be licensed under this Act.

14        Section  35.   Application  for  original  license.    An
15    application for an original license  shall  be  made  to  the
16    Department  in writing on a form prescribed by the Department
17    and shall be accompanied by the required fee, which shall not
18    be refundable.  An application shall require information that
19    in the judgement of the Department will enable the Department
20    to pass on the qualifications of the applicant for a license.

21        Section 40.  Qualifications for licensure  as  orthotist,
22    prosthetist, or pedorthist.
23        (a)  To  qualify  for  a license to practice orthotics or
24    prosthetics, a person shall:
25             (1)  possess a baccalaureate degree from  a  college
26        or university;
27             (2)  have  completed  the amount of formal training,
28        including, but not limited to,  any  hours  of  classroom
29        education  and clinical practice established and approved
30        by the Department;
31             (3)  complete   a   clinical   residency   in    the
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 1        professional  area  for  which  a  license  is  sought in
 2        accordance with standards, guidelines, or procedures  for
 3        residencies  inside or outside this State established and
 4        approved by the Department. The majority of training must
 5        be devoted to services performed under the supervision of
 6        a licensed practitioner of orthotics or prosthetics or  a
 7        person certified as a Certified Orthotist (CO), Certified
 8        Prosthetist  (CP),  or  Certified  Prosthetist  Orthotist
 9        (CPO)   whose   certification  was  obtained  before  the
10        effective date of this Act;
11             (4)  pass   all   written,   practical,   and   oral
12        examinations  that  are  required  and  approved  by  the
13        Department; and
14             (5)  be qualified to  practice  in  accordance  with
15        internationally   accepted   standards  of  orthotic  and
16        prosthetic care.
17        (b)  To qualify for a license to practice  pedorthics,  a
18    person shall:
19             (1)  possess   a   high   school   diploma   or  its
20        equivalent;
21             (2)  have completed the amount of  formal  training,
22        including,  but  not  limited  to, any hours of classroom
23        education and clinical practice established and  approved
24        by the Department;
25             (3)  complete a qualified work experience program or
26        internship   in   pedorthics   in   accordance  with  any
27        standards,  guidelines,  or  procedures  established  and
28        approved by the Department;
29             (4)  pass all examinations  that  are  required  and
30        approved by the Department; and
31             (5)  be  qualified  to  practice  in accordance with
32        nationally accepted standards of pedorthic care.
33        (c)  The  standards  and   requirements   for   licensure
34    established by the Department shall be substantially equal to
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 1    or in excess of standards commonly accepted in the profession
 2    of  orthotics,  prosthetics,  or  pedorthics.  The Department
 3    shall adopt rules as  necessary  to  set  the  standards  and
 4    requirements.
 5        (d)  A   person   may   be  licensed  in  more  than  one
 6    discipline.

 7        Section 45.  Examination requirement.
 8        (a)  The  Department  may   authorize   examinations   of
 9    applicants  as  orthotists,  prosthetists,  or pedorthists at
10    times and places as it may  determine.   The  examination  of
11    applicants  shall  be  of  a  character  to  fairly  test the
12    qualifications  of  the  applicant  to  practice   orthotics,
13    prosthetics, or pedorthics.
14        (b)  Applicants    for    examination    as   orthotists,
15    prosthetists, and  pedorthists  shall  be  required  to  pay,
16    either to the Department or the designated testing service, a
17    fee  covering the cost of providing the examination.  Failure
18    to appear for the examination on the scheduled  date  at  the
19    time  and  place  specified after the applicant's application
20    for examination has been received  and  acknowledged  by  the
21    Department  or the designated testing service shall result in
22    the forfeiture of the examination fee.
23        (c)  If an applicant neglects, fails, or refuses to  take
24    an  examination or fails to pass an examination for a license
25    under this Act  within  3  years  after  filing  his  or  her
26    application,  the  application shall be denied.  All fees are
27    nonrefundable.  The applicant may make a new application  for
28    examination  accompanied by the required fee and must furnish
29    proof of meeting qualifications for licensure  in  effect  at
30    the time of new application.
31        (d)  The  Department shall set by rule the maximum number
32    of  attempts  that  an  applicant  may  make  to   pass   the
33    examination   within   a  specified  period  of  time.    The
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 1    Department shall also determine any further training required
 2    before a reexamination.
 3        (e)  The  Department  may  employ  consultants  for   the
 4    purpose   of   preparing  and  conducting  examinations.   An
 5    applicant for an examination as an orthotist, a  prosthetist,
 6    or  pedorthist  shall  be  required  to  pay,  either  to the
 7    Department or  to  the  designated  testing  service,  a  fee
 8    covering the cost of providing the examination.

 9        Section 50. Assistants; technicians.
10        (a)  No   person   shall  work  as  an  assistant  to  an
11    orthotist, prosthetist, or prosthetist/orthotist and  provide
12    patient   care   services   or  fabrication  of  orthoses  or
13    prostheses, unless he or she is  doing  the  work  under  the
14    supervision of a licensed orthotist or prosthetist.
15        (b)  No  person shall work as a technician, as defined in
16    this Act, unless the work is performed under the  supervision
17    of a person licensed under this Act.

18        Section 55. Transition period.
19        (a)  Until  January  1,  2002,  a  person  certified as a
20    Certified Orthotist  (CO),  Certified  Prosthetist  (CP),  or
21    Certified  Prosthetist  Orthotist (CPO) by the American Board
22    for Certification in Prosthetics and Orthotics, Incorporated,
23    or holding  similar  certifications  from  other  accrediting
24    bodies   with   equivalent   educational   requirements   and
25    examination  standards  may  apply  for  and shall be granted
26    orthotic or prosthetic licensure under this Act upon  payment
27    of  the  required  fee.   After  that date, any applicant for
28    licensure as an orthotist or a  prosthetist  shall  meet  the
29    requirements of subsection (a) of Section 40 of this Act.
30        (b)  Until  January  1,  2002,  a  person  certified as a
31    Certified Pedorthist (CPed) by the Board for Certification in
32    Pedorthics,  Incorporated,  or  a  person  certified   as   a
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 1    Certified  Orthotist  (CO) or Certified Prosthetist Orthotist
 2    (CPO) by the American Board for Certification in  Prosthetics
 3    and    Orthotics,    Incorporated,    or    holding   similar
 4    certifications from other accrediting bodies with  equivalent
 5    educational  requirements and examination standards may apply
 6    for and shall be granted pedorthic licensure under  this  Act
 7    upon  payment  of  the  required  fee.   After that date, any
 8    applicant for  licensure  as  a  pedorthist  shall  meet  the
 9    requirements of subsection (b) of Section 40 of this Act.
10        (c)  On  and  after  January  1,  2002,  no  person shall
11    practice orthotics, prosthetics, or pedorthics in this  State
12    or  hold  himself  or  herself  out as being able to practice
13    either profession, unless he or she is licensed in accordance
14    with Section 40 of this Act.
15        (d)  Notwithstanding any other provision of this Section,
16    a person who has practiced full-time for the past 7 years  in
17    a  prosthetic/orthotic facility as an orthotist, prosthetist,
18    prosthetist/orthotist,  assistant,  or  technician  or  in  a
19    pedorthic facility as a pedorthist or pedorthic technician on
20    the effective date of this Act may file an  application  with
21    the  Board  within  60  days  after  the  enforcement of this
22    Section begins pursuant to Section 56 of this Act in order to
23    continue to practice orthotics, prosthetics, or pedorthics at
24    his or her identified  level  of  practice.    The  applicant
25    shall  be  issued a license or certificate of registration to
26    practice orthotics,  prosthetics,  or  pedorthics  under  the
27    provisions  of  this  Act without examination upon receipt by
28    the Department of payment of the  licensing  or  registration
29    fee required under Section 70 of this Act and after the Board
30    has  completed  an  investigation  of  the  applicant's  work
31    history.   The Board shall complete its investigation for the
32    purposes  of  this Section within 6 months of the date of the
33    application.  The  investigation  may  include,  but  is  not
34    limited  to,  completion  by the applicant of a questionnaire
SB658 Enrolled             -15-                LRB9103047ACtm
 1    regarding the applicant's work history and scope of practice.

 2        Section 56.  Enforcement.  The licensure requirements  of
 3    Sections 40, 50, and 55 shall not be enforced until 12 months
 4    after  the  adoption  of  final administrative rules for this
 5    Act.

 6        Section  57.   Limitation  on  provision  of   care   and
 7    services.   A  licensed  orthotist  or pedorthist may provide
 8    care or services only if the care or  services  are  provided
 9    pursuant to an order from a licensed physician or podiatrist.
10    A  licensed  prosthetist may provide care or services only if
11    the care or services are provided pursuant to an order from a
12    licensed physician.

13        Section 60.  Renewal; restoration; military service.
14        (a)  The expiration date  and  renewal  period  for  each
15    license  issued  under  this  Act shall be set by rule of the
16    Department. The Board shall  establish  continuing  education
17    requirements   for   the   renewal   of   a  license.   These
18    requirements shall  be  based  on  established  standards  of
19    competence.
20        (b)  A  person  who  has  permitted his or her license to
21    expire or who has had his or her license on  inactive  status
22    may   have   his  or  her  license  restored  by  (i)  making
23    application to the Department, (ii) filing  proof  acceptable
24    to  the  Department  of his or her fitness to have his or her
25    license  restored  including,  but  not  limited  to,   sworn
26    evidence   certifying   to   active   practice   in   another
27    jurisdiction satisfactory to the Department, and (iii) paying
28    the   required  restoration  fee.   If  the  person  has  not
29    maintained  an  active  practice  in   another   jurisdiction
30    satisfactory to the Department, the Board shall determine, by
31    an evaluation program established by rule, his or her fitness
SB658 Enrolled             -16-                LRB9103047ACtm
 1    to  resume  active  status  and  may  require  the  person to
 2    complete a period of evaluated clinical  experience  and  may
 3    require successful completion of an examination.
 4        (c)  A  person  whose license expired while he or she was
 5    (i) in federal service on active duty within the armed forces
 6    of the United States or with the State  militia  called  into
 7    service  or  training  or (ii) in training or education under
 8    the supervision of the United States preliminary to induction
 9    into military service may have his or her license renewed  or
10    restored  without  paying  a  lapsed renewal fee if, within 2
11    years  after  termination  from  the  service,  training,  or
12    education except under conditions other than honorable, he or
13    she furnished the Department with satisfactory evidence  that
14    he  or  she  has been so engaged and that his or her service,
15    training, or education has been terminated.

16        Section 65.  Elective  inactive  status.   A  person  who
17    notifies the Department in writing on forms prescribed by the
18    Department  may  elect  to  place  his  or  her license on an
19    inactive  status  and  shall,  subject  to   rules   of   the
20    Department,  be excused from payment of renewal fees until he
21    or she notifies the Department  in  writing  of  his  or  her
22    desire to resume active status.
23        A  person  requesting  restoration  from  inactive status
24    shall be required to pay the current renewal fee and shall be
25    required to restore his or her license as provided in Section
26    60 of this Act.
27        An orthotist, prosthetist, or pedorthist whose license is
28    on inactive status shall not practice orthotics, prosthetics,
29    or pedorthics in this State.

30        Section 70.  Endorsement.  The  Department  may,  at  its
31    discretion,  license  as either an orthotist, prosthetist, or
32    pedorthist,  without  examination  and  on  payment  of   the
SB658 Enrolled             -17-                LRB9103047ACtm
 1    required  fee, an applicant who is an orthotist, prosthetist,
 2    or pedorthist who is (i) licensed under the laws  of  another
 3    state,   territory,  or  country,  if  the  requirements  for
 4    licensure in that state, territory, or country in  which  the
 5    applicant  was  licensed  were,  at  the  date  of his or her
 6    licensure, substantially equal to the requirements  in  force
 7    in  this  State  on that date or (ii) certified by a national
 8    certification  organization  with  educational  and   testing
 9    standards  equal  to  or  more  stringent  than the licensing
10    requirements of this State.

11        Section 75.  Fees.
12        (a)  The Department shall provide by rule for a  schedule
13    of  fees to be paid for licenses by all applicants.  All fees
14    are not refundable.
15        (b)  The fees for the administration and  enforcement  of
16    this  Act  including, but not limited to, original licensure,
17    renewal,  and  restoration  shall  be  set  by  rule  by  the
18    Department.
19        (c)  All fees and fines collected under this Act shall be
20    deposited into the General Professions Dedicated Fund.

21        Section 80.  Roster of licensees  and  registrants.   The
22    Department  shall  maintain a current roster of the names and
23    addresses of all  licensees,  registrants,  and  all  persons
24    whose  licenses  have  been  suspended  or revoked within the
25    previous year.  This roster shall be available  upon  written
26    request and payment of the required fee.

27        Section  85.   Practice by corporations.  Nothing in this
28    Act  shall  restrict  licensees  from  forming   professional
29    service corporations under the provisions of the Professional
30    Service Corporation Act.

SB658 Enrolled             -18-                LRB9103047ACtm
 1        Section 90.  Grounds for discipline.
 2        (a)  The  Department  may  refuse  to  issue  or  renew a
 3    license, may revoke or suspend a  license,  or  may  suspend,
 4    place  on probation, censure, or reprimand a licensee for one
 5    or any combination of the following:
 6             (1)  Making a material  misstatement  in  furnishing
 7        information to the Department or the Board.
 8             (2)  Violations   of  or  negligent  or  intentional
 9        disregard of this Act or its rules.
10             (3)  Conviction of any crime that under the laws  of
11        the  United  States  or  of  a  state or territory of the
12        United States is a felony or a misdemeanor, an  essential
13        element  of  which  is  dishonesty, or of a crime that is
14        directly related to the practice of the profession.
15             (4)  Making a misrepresentation for the  purpose  of
16        obtaining a license.
17             (5)  A  pattern  of  practice or other behavior that
18        demonstrates incapacity or incompetence to practice under
19        this Act.
20             (6)  Gross negligence under this Act.
21             (7)  Aiding or assisting another person in violating
22        a provision of this Act or its rules.
23             (8)  Failing to provide information within  60  days
24        in response to a written request made by the Department.
25             (9)  Engaging   in   dishonorable,   unethical,   or
26        unprofessional  conduct  or conduct of a character likely
27        to deceive, defraud, or harm the public.
28             (10)  Habitual intoxication or addiction to the  use
29        of drugs.
30             (11)  Discipline  by  another  state or territory of
31        the United States, the  federal  government,  or  foreign
32        nation, if at least one of the grounds for the discipline
33        is  the same or substantially equivalent to one set forth
34        in this Section.
SB658 Enrolled             -19-                LRB9103047ACtm
 1             (12)  Directly or indirectly giving to or  receiving
 2        from   a   person,  firm,  corporation,  partnership,  or
 3        association a fee, commission, rebate, or other  form  of
 4        compensation  for  professional  services not actually or
 5        personally rendered.
 6             (13)  A finding by the Board that  the  licensee  or
 7        registrant,  after  having  his  or her license placed on
 8        probationary status, has violated the terms of probation.
 9             (14)  Abandonment of a patient or client.
10             (15)  Wilfully making or  filing  false  records  or
11        reports in his or her practice including, but not limited
12        to,   false   records   filed   with  State  agencies  or
13        departments.
14             (16)  Wilfully failing  to  report  an  instance  of
15        suspected  child  abuse  or  neglect  as  required by the
16        Abused and Neglected Child Reporting Act.
17             (17)  Physical illness including,  but  not  limited
18        to,  deterioration  through  the aging process or loss of
19        motor skill that results in the inability to practice the
20        profession with reasonable judgement, skill, or safety.
21             (18)  Solicitation of  professional  services  using
22        false or misleading advertising.
23        (b)  The determination by a circuit court that a licensee
24    or registrant is subject to involuntary admission or judicial
25    admission, as provided in the Mental Health and Developmental
26    Disabilities  Code, operates as an automatic suspension.  The
27    suspension will end only upon (i) a finding by a  court  that
28    the  patient is no longer subject to involuntary admission or
29    judicial admission and the issuance of  a  court    order  so
30    finding   and   discharging   the   patient   and   (ii)  the
31    recommendation of the Board to the Director that the licensee
32    or registrant be allowed to resume his or her practice.
33        (c)  In enforcing this Section, the Department  or  Board
34    upon  a  showing  of  a  possible  violation  may  compel  an
SB658 Enrolled             -20-                LRB9103047ACtm
 1    individual  licensed  to  practice under this Act, or who has
 2    applied for licensure under this Act, to submit to  a  mental
 3    or  physical  examination, or both, as required by and at the
 4    expense of the Department. The Department or Board may  order
 5    the  examining  physician to present testimony concerning the
 6    mental or physical examination of the licensee or  applicant.
 7    No  information shall be excluded by reason of any common law
 8    or statutory privilege relating to communications between the
 9    licensee  or  applicant  and  the  examining  physician.  The
10    examining physicians shall be specifically designated by  the
11    Board  or Department. The individual to be examined may have,
12    at his or her own expense, another physician of  his  or  her
13    choice  present  during all aspects of this examination.  The
14    examination shall be performed by  a  physician  licensed  to
15    practice  medicine  in  all  its  branches.   Failure  of  an
16    individual  to  submit  to  a mental or physical examination,
17    when directed, shall be grounds for suspension of his or  her
18    license  until  the  individual submits to the examination if
19    the Department finds, after  notice  and  hearing,  that  the
20    refusal  to  submit to the examination was without reasonable
21    cause.
22        If the Department or Board finds an individual unable  to
23    practice  because  of  the reasons set forth in this Section,
24    the Department or Board may require that individual to submit
25    to care, counseling, or treatment by physicians  approved  or
26    designated  by the Department or Board, as a condition, term,
27    or  restriction  for  continued,   reinstated,   or   renewed
28    licensure  to  practice;  or, in lieu of care, counseling, or
29    treatment,  the  Department  may  file,  or  the  Board   may
30    recommend   to   the  Department  to  file,  a  complaint  to
31    immediately suspend,  revoke,  or  otherwise  discipline  the
32    license  of  the  individual. An individual whose license was
33    granted,  continued,  reinstated,  renewed,  disciplined   or
34    supervised    subject   to   such   terms,   conditions,   or
SB658 Enrolled             -21-                LRB9103047ACtm
 1    restrictions, and  who  fails  to  comply  with  such  terms,
 2    conditions,   or  restrictions,  shall  be  referred  to  the
 3    Director for a determination as  to  whether  the  individual
 4    shall  have his or her license suspended immediately, pending
 5    a hearing by the Department.
 6        In instances in which the Director immediately suspends a
 7    person's license  under  this  Section,  a  hearing  on  that
 8    person's license must be convened by the Department within 15
 9    days  after  the suspension and completed without appreciable
10    delay. The Department and Board shall have the  authority  to
11    review  the  subject  individual's  record  of  treatment and
12    counseling regarding the impairment to the  extent  permitted
13    by  applicable  federal statutes and regulations safeguarding
14    the confidentiality of medical records.
15        An individual licensed under this Act and affected  under
16    this  Section shall be afforded an opportunity to demonstrate
17    to the Department or Board that he or she can resume practice
18    in compliance with acceptable and prevailing standards  under
19    the provisions of his or her license.

20        Section 95.  Injunction; cease and desist order.
21        (a)  If  any person violates a provision of this Act, the
22    Director may, in the name of  the  People  of  the  State  of
23    Illinois  and  through  the  Attorney General of the State of
24    Illinois, petition for an order enjoining  the  violation  or
25    for  an  order  enforcing compliance with this Act.  Upon the
26    filing of a verified petition in court, the court may issue a
27    temporary restraining order, without notice or bond, and  may
28    preliminarily and permanently enjoin the violation.  If it is
29    established  that the person has violated or is violating the
30    injunction, the court may punish the offender for contempt of
31    court.  Proceedings under this Section shall be  in  addition
32    to,  and  not  in  lieu  of, all other remedies and penalties
33    provided by this Act.
SB658 Enrolled             -22-                LRB9103047ACtm
 1        (b)  If a person practices as an orthotist,  prosthetist,
 2    or   pedorthist  or  holds  himself  or  herself  out  as  an
 3    orthotist, prosthetist, or pedorthist without being  licensed
 4    or  registered  under  the  provisions  of this Act, then any
 5    other  licensed  or  registered  orthotist,  prosthetist,  or
 6    pedorthist, any interested party, or any  person  injured  by
 7    the  person  may,  in  addition to the Director, petition for
 8    relief as provided in subsection (a) of this Section.
 9        (c)  Whenever in the opinion of the Department  a  person
10    violates  a provision of this Act, the Department may issue a
11    rule to show cause why an order to cease  and  desist  should
12    not  be  entered  against him or her.  The rule shall clearly
13    set forth the grounds relied upon by the Department and shall
14    provide a period of 7 days from the date of the rule to  file
15    an  answer to the satisfaction of the Department.  Failure to
16    answer to the satisfaction of the Department shall  cause  an
17    order to cease and desist to be issued immediately.

18        Section  100.   Investigations;  notice and hearing.  The
19    Department may investigate the actions of an applicant or  of
20    a  person  or  persons holding or claiming to hold a license.
21    Before refusing to issue or renew a license,  the  Department
22    shall,  at  least  10  days  prior  to  the  date set for the
23    hearing, notify in writing the applicant for or holder  of  a
24    license  of the nature of the charges and that a hearing will
25    be held on the date designated.  The written  notice  may  be
26    served  by  personal  delivery  or by certified or registered
27    mail to the respondent at the address disclosed on his or her
28    last notification to the Department.  At the time  and  place
29    fixed  in  the  notice,  the  Board shall proceed to hear the
30    charges.  The parties or  their  counsel  shall  be  afforded
31    ample opportunity to present statements, testimony, evidence,
32    and  argument  that may be pertinent to the charges or to the
33    defense to the charges.  The Board may continue  the  hearing
SB658 Enrolled             -23-                LRB9103047ACtm
 1    from time to time.

 2        Section  105.   Transcript.   The  Department, at its own
 3    expense, shall preserve a record of all  proceedings  at  the
 4    formal  hearing  of  a case involving the refusal to issue or
 5    renew a license.  The notice of hearing, complaint,  and  all
 6    other  documents  in  the  nature  of  pleadings  and written
 7    motions  filed  in  the  proceedings,   the   transcript   of
 8    testimony,  the  report  of  the  Board,  and  orders  of the
 9    Department shall be in the record of the proceeding.

10        Section 110.  Compelling testimony.  A circuit court may,
11    upon application of the Director or his or  her  designee  or
12    the  applicant  or  licensee  against  whom proceedings under
13    Section 100 of this Act are pending, enter an order requiring
14    the attendance of witnesses and their testimony and requiring
15    the  production  of  documents,  papers,  files,  books,  and
16    records in connection with a hearing or  investigation.   The
17    court  may  compel  obedience  to  its order through contempt
18    proceedings.

19        Section 115. Board findings and recommendations.  At  the
20    conclusion  of  a  hearing,  the  Board  shall present to the
21    Director   a   written   report   of   its    findings    and
22    recommendations.   The  report  shall  contain  a  finding of
23    whether or not the accused person violated this Act or failed
24    to comply with the conditions required in  this  Act.     The
25    Board shall specify the nature of the violation or failure to
26    comply  and  shall  make its recommendations to the Director.
27    The report of findings and recommendations of the Board shall
28    be the basis for the Department's order for  the  refusal  or
29    for the granting of a license, unless the Director determines
30    that  the  Board report is contrary to the manifest weight of
31    the evidence, in which case the Director may issue  an  order
SB658 Enrolled             -24-                LRB9103047ACtm
 1    in contravention to the Board report.  A Board finding is not
 2    admissible  in  evidence  against  the  person  in a criminal
 3    prosecution brought for a violation  of  this  Act,  but  the
 4    hearing  and  finding are not a bar to a criminal prosecution
 5    brought for a violation of this Act.

 6        Section  120.   Motion  for  rehearing.   In   any   case
 7    involving  the  refusal  to  issue  or renew a license or the
 8    discipline of a licensee, a copy of the Board's report  shall
 9    be  served  upon  the  respondent  by  the Department, either
10    personally or as provided in this Act for the service of  the
11    notice  of  hearing.   Within  20  days  after  service,  the
12    respondent  may present to the Department a motion in writing
13    for a rehearing, which shall specify the  particular  grounds
14    for  rehearing.   If  no  motion for rehearing is filed, then
15    upon the expiration of the  time  specified  for  filing  the
16    motion,  or  if  a  motion  for rehearing is denied, upon the
17    denial, the Director may enter an order  in  accordance  with
18    recommendations  of  the Board, except as provided in Section
19    115 of this Act.  If the respondent orders from the reporting
20    service and pays for a transcript of the  record  within  the
21    time  for  filing  a  motion for rehearing, the 20-day period
22    within which the motion may be filed shall commence upon  the
23    delivery of the transcript to the respondent.

24        Section 125.    Rehearing on order of Director.  Whenever
25    the  Director  is  not satisfied that substantial justice has
26    been done in the revocation, suspension, or refusal to  issue
27    or  renew a license the Director may order a rehearing by the
28    same or other examiners.

29        Section  130.  Appointment  of  hearing   officer.    The
30    Director  shall  have  the  authority  to appoint an attorney
31    licensed to practice law in the State of Illinois to serve as
SB658 Enrolled             -25-                LRB9103047ACtm
 1    a hearing officer in an action for refusal to issue or  renew
 2    a  license  or to discipline a licensee.  The hearing officer
 3    shall have  full  authority  to  conduct  the  hearing.   The
 4    hearing   officer  shall  report  his  or  her  findings  and
 5    recommendations to the Board  and  the  Director.  The  Board
 6    shall  have  60 days from receipt of the report to review the
 7    report of the hearing officer and  present  its  findings  of
 8    fact,   conclusions   of  law,  and  recommendations  to  the
 9    Director.  If the Board fails to present  its  report  within
10    the 60-day period, the Director shall issue an order based on
11    the   report  of  the  hearing  officer.    If  the  Director
12    determines  that  the  Board's  report  is  contrary  to  the
13    manifest weight of the evidence, he or she may issue an order
14    in contravention of the Board's report.

15        Section 135. Order or certified  copy.   An  order  or  a
16    certified  copy  of an order, over the seal of the Department
17    and purporting to be signed by the Director, shall  be  prima
18    facie proof:
19        (1)  that  the  signature is the genuine signature of the
20    Director;
21        (2)  that the Director is duly appointed  and  qualified;
22    and
23        (3)  that the Board and its members are qualified to act.

24        Section   140.    Restoration  of  suspended  or  revoked
25    license.  At any time after the suspension or  revocation  of
26    any  license,  the  Department may restore the license to the
27    accused person upon the written recommendation of  the  Board
28    unless,  after  an  investigation  and  a  hearing, the Board
29    determines that restoration is not in the public interest.

30        Section 145.  Surrender of license.  Upon the  revocation
31    or  suspension  of  a license, the licensee shall immediately
SB658 Enrolled             -26-                LRB9103047ACtm
 1    surrender the license to the Department, and if the  licensee
 2    fails  to do so, the Department shall have the right to seize
 3    the license.

 4        Section 150. Temporary  suspension  of  a  license.   The
 5    Director may temporarily suspend the license of an orthotist,
 6    prosthetist,  or  pedorthist without a hearing simultaneously
 7    with the institution of proceedings for  a  hearing  provided
 8    for  in  Section  95  of  this Act if the Director finds that
 9    evidence in his or her possession indicates that a licensee's
10    continuation in practice would constitute an imminent  danger
11    to  the  public.   If  the  Director  temporarily  suspends a
12    license without a hearing, a hearing by  the  Board  must  be
13    held within 30 days after the suspension.

14        Section  155.   Administrative  Review  Law;  venue.  All
15    final administrative decisions of the Department are  subject
16    to   judicial  review  pursuant  to  the  provisions  of  the
17    Administrative  Review  Law  and   its   rules.    The   term
18    "administrative  decision" has the same meaning as in Section
19    3-101 of  the  Administrative  Review  Law.  Proceedings  for
20    judicial  review  shall  be commenced in the circuit court of
21    the county in which the party applying  for  review  resides,
22    but  if  the party is not a resident of this State, the venue
23    shall be in Sangamon County.

24        Section  160.  Certifications  of  record;  costs.    The
25    Department shall not be required to certify any record to the
26    court  or file any answer in court or otherwise appear in any
27    court in a judicial review proceeding unless there  is  filed
28    in the court with the complaint a receipt from the Department
29    acknowledging   payment   of  the  costs  of  furnishing  and
30    certifying the record, which shall be computed at the rate of
31    20 cents per page of the record.  Failure on the  part  of  a
SB658 Enrolled             -27-                LRB9103047ACtm
 1    plaintiff  to  file  a  receipt in court shall be grounds for
 2    dismissal of the action.

 3        Section 165.  Penalties.  A person who is found  to  have
 4    violated  a  provision  of  this  Act  is guilty of a Class A
 5    misdemeanor for a first offense and is guilty of  a  Class  4
 6    felony for a second or subsequent offense.

 7        Section 170.  Illinois Administrative Procedure Act.  The
 8    Illinois  Administrative  Procedure  Act  is hereby expressly
 9    adopted and incorporated  in  this  Act  as  if  all  of  the
10    provisions of that Act were included in this Act, except that
11    the  provision  of  subsection  (d)  of  Section 10-65 of the
12    Illinois Administrative Procedure Act, which provides that at
13    hearings the licensee has the right to show  compliance  with
14    all  lawful  requirements  for  retention,  continuation,  or
15    renewal  of  the  license,  is  specifically excluded and for
16    purposes of this Act.   The  notice  required  under  Section
17    10-25  of the Illinois Administrative Procedure Act is deemed
18    sufficient when mailed to the last known address of a party.

19        Section 175.  Home rule preemption.  It is declared to be
20    the public policy of this State, pursuant to paragraph (h) of
21    Section 6 of Article VII  of  the  Illinois  Constitution  of
22    1970,  that  a  power or function set forth in this Act to be
23    exercised by  the  State  is  an  exclusive  State  power  or
24    function.   No power or function granted under this Act shall
25    be exercised concurrently, either directly or indirectly,  by
26    a unit of local government, including home rule units, except
27    as otherwise provided in this Act.

28        Section  250.   The  Regulatory  Sunset Act is amended by
29    adding Section 4.20 as follows:
SB658 Enrolled             -28-                LRB9103047ACtm
 1        (5 ILCS 80/4.20 new)
 2        Sec. 4.20. Act repealed on January 1, 2010. The following
 3    Act is repealed on January 1, 2010:
 4        The  Illinois  Orthotics,  Prosthetics,  and   Pedorthics
 5    Practice Act.

 6        Section  999.   Effective  date.   This  Act takes effect
 7    January 1, 2000.

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