State of Illinois
92nd General Assembly
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92_HB3194ham001

 










                                             LRB9205124ACsbam

 1                    AMENDMENT TO HOUSE BILL 3194

 2        AMENDMENT NO.     .  Amend House Bill 3194  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois Occupational Therapy Practice
 5    Act is amended by changing Section 2 and adding Sections 3.1,
 6    3.2, and 11.1 as follows:

 7        (225 ILCS 75/2) (from Ch. 111, par. 3702)
 8        Sec. 2.  Definitions.  In this Act:
 9        (1)  "Department" means the  Department  of  Professional
10    Regulation.
11        (2)  "Director"   means   the  Director  of  Professional
12    Regulation.
13        (3)  "Board"  means  the  Illinois  Occupational  Therapy
14    Board appointed by the Director.
15        (4)  "Registered occupational therapist" means  a  person
16    licensed  to practice occupational therapy as defined in this
17    Act, and whose license is in good standing.
18        (5)  "Certified occupational therapy assistant"  means  a
19    person  licensed  to  assist  in the practice of occupational
20    therapy under the supervision of  a  registered  occupational
21    therapist,   and   to   implement  the  occupational  therapy
22    treatment  program   as   established   by   the   registered
 
                            -2-              LRB9205124ACsbam
 1    occupational therapist.  Such program may include training in
 2    activities  of  daily living, the use of therapeutic activity
 3    including  task  oriented  activity  to  enhance   functional
 4    performance,  and  guidance  in  the  selection  and  use  of
 5    adaptive equipment.
 6        (6)  "Occupational  therapy" means the therapeutic use of
 7    purposeful  and  meaningful  occupations   or   goal-directed
 8    activities   to   evaluate   and  provide  interventions  for
 9    individuals and populations who have a disease  or  disorder,
10    an  impairment,  an  activity  limitation, or a participation
11    restriction that interferes with their  ability  to  function
12    independently in their daily life roles and to promote health
13    and  wellness.  Occupational therapy intervention may include
14    any of the following:
15             (a)  remediation  or  restoration   of   performance
16        abilities   that   are   limited  due  to  impairment  in
17        biological, physiological, psychological, or neurological
18        processes;
19             (b)  adaptation of task, process, or the environment
20        or the teaching of compensatory techniques  in  order  to
21        enhance performance;
22             (c)  disability  prevention  methods  and techniques
23        that facilitate the development or  safe  application  of
24        performance skills; and
25             (d)  health  promotion strategies and practices that
26        enhance performance abilities.
27        The  registered  occupational  therapist   or   certified
28    occupational  therapy assistant may assume a variety of roles
29    in  his  or  her  career  including,   but  not  limited  to,
30    practitioner,  supervisor  of   professional   students   and
31    volunteers,  researcher,  scholar, consultant, administrator,
32    faculty, clinical  instructor,  and  educator  of  consumers,
33    peers, and family.
34        (7)  "Occupational  therapy services" means services that
 
                            -3-              LRB9205124ACsbam
 1    may be provided to  individuals  and  populations  including,
 2    without limitation, the following:
 3             (a)  evaluating,  developing, improving, sustaining,
 4        or restoring skills in activities of daily living,  work,
 5        or  productive  activities, including instrumental living
 6        and play and leisure activities;
 7             (b)  evaluating, developing, improving, or restoring
 8        sensory motor, cognitive, or psychosocial  components  of
 9        performance;
10             (c)  designing,  fabricating,  applying, or training
11        in the use of assistive technology  or  orthotic  devices
12        and training in the use of prosthestic devices;
13             (d)  adapting  environments and processes, including
14        the  application  of  ergonomic  principles,  to  enhance
15        performance and safety in daily life roles;
16             (e)  for occupational therapists possessing advanced
17        training, skills, and competency  as  determined  by  the
18        Department,  applying  physical  agent  modalities  as an
19        adjunct  to  or  in   preparation   for   engagement   in
20        occupations;
21             (f)  evaluating   and   providing   intervention  in
22        collaboration with  the  client,  family,  caregiver,  or
23        others;
24             (g)  educating  the  client,  family,  caregiver, or
25        others   in   carrying   out    appropriate    nonskilled
26        interventions; and
27             (h)  consulting      with      groups,     programs,
28        organizations, or communities to provide population-based
29        services.
30        (8)  "Occupational therapy aid" means an  individual  who
31    provides   supportive   services   to   occupational  therapy
32    practitioners but  who  is  not  certified  by  a  nationally
33    recognized occupational therapy certifying or licensing body.
34    the  evaluation  of functional performance ability of persons
 
                            -4-              LRB9205124ACsbam
 1    impaired by physical illness or injury,  emotional  disorder,
 2    congenital or developmental disability, or the aging process,
 3    and the analysis, selection and application of occupations or
 4    goal  directed activities, for the treatment or prevention of
 5    these   disabilities   to   achieve   optimum    functioning.
 6    Occupational therapy services include, but are not limited to
 7    activities  of daily living (ADL); the design fabrication and
 8    application or splints, administration and interpretation  of
 9    standardized      tests     to     identify     dysfunctions,
10    sensory-integrative and perceptual motor activities, the  use
11    of  task  oriented  activities, guidance in the selection and
12    use of assistive devices, goal oriented  activities  directed
13    toward   enhancing   functional   performance,  prevocational
14    evaluation and vocational training, and consultation  in  the
15    adaptation  of  physical  environments  for  the handicapped.
16    These services are provided to individuals or groups  through
17    medical,   health,   educational,   and  social  systems.  An
18    occupational therapist may evaluate a person but shall obtain
19    a referral by a physician before treatment is administered by
20    the occupational therapist. An occupational  therapist  shall
21    refer  to  a  licensed  physician, dentist, or podiatrist any
22    patient whose  medical  condition  should,  at  the  time  of
23    evaluation or treatment, be determined to be beyond the scope
24    of practice of the occupational therapist.
25    (Source: P.A. 88-424.)

26        (225 ILCS 75/3.1 new)
27        Sec.  3.1.  Referrals.   An  occupational  therapist  may
28    enter  a  case  for  the  purposes of providing consultation,
29    education,  and monitoring services  and  for  evaluating  an
30    individual for the need for occupational therapy services for
31    non-medical   client   needs.    Implementation   of   direct
32    occupational therapy to individuals for their specific health
33    care  conditions  shall  be  based  upon  a  referral  from a
 
                            -5-              LRB9205124ACsbam
 1    licensed physician, dentist, podiatrist, optometrist, or  any
 2    other qualified licensed health care professional who, within
 3    the  scope  of  the  professional licensure, is authorized to
 4    refer for health care services.
 5        An occupational  therapist  shall  refer  to  a  licensed
 6    physician,  dentist,  optometrist,  or podiatrist any patient
 7    whose medical condition should, at the time of evaluation  or
 8    treatment,  be  determined to be beyond the scope of practice
 9    of the occupational therapist.

10        (225 ILCS 75/3.2 new)
11        Sec. 3.2.  Practice  of  optometry.   No  rule  shall  be
12    adopted  under this Act that allows an occupational therapist
13    to perform an act, task, or function primarily  performed  in
14    the   lawful   practice   of  optometry  under  the  Illinois
15    Optometric Practice Act of 1987.

16        (225 ILCS 75/11.1 new)
17        Sec. 11.1.  Continuing education requirement.  Registered
18    occupational therapists and  certified  occupational  therapy
19    assistants   shall  demonstrate  continued  competency  as  a
20    requirement for the renewal  of  their  licenses.   Continued
21    competency  is  the  ongoing  application  and integration of
22    knowledge, critical thinking, interpersonal, and  psychomotor
23    skills   essential   to   safely   and   effectively  deliver
24    occupational  therapy  services  within  the  context  of   a
25    practitioner's  role  and  environment.    The  indicators of
26    continued competency change over  time  as  various  factors,
27    such  as  a  change  in  role,  practice  setting,  or client
28    population  and  responsibility,  reshape  the  scope  of  an
29    occupational  therapist's  practice.   Continued   competency
30    includes  the  demonstration  of  observable and quantifiable
31    behaviors  throughout  the   occupational   therapy   process
32    including evaluation, planning, analysis, and modification of
 
                            -6-              LRB9205124ACsbam
 1    interventions,  supervision,  administration,  research,  and
 2    education.   Interpersonal  and behavioral characteristics of
 3    continued competency include a safe, efficient, and effective
 4    service  of   practice   and   an   ongoing   assumption   of
 5    responsibility   for   continued   professional   growth  and
 6    development.

 7        Section 99.  Effective date.  This Act  takes  effect  on
 8    January 1, 2002.".

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