State of Illinois
92nd General Assembly
Legislation

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92_HB4107

 
                                               LRB9214314ACmg

 1        AN ACT concerning physical therapy aides.

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

 4        Section 5.  The Illinois Physical Therapy Act is  amended
 5    by changing Sections 1 and 2 as follows:

 6        (225 ILCS 90/1) (from Ch. 111, par. 4251)
 7        (Section scheduled to be repealed on January 1, 2006)
 8        Sec. 1. Definitions.  As used in this Act:
 9        (1)  "Physical therapy" means the evaluation or treatment
10    of  a  person  by  the  use  of  the  effective properties of
11    physical measures  and  heat,  cold,  light,  water,  radiant
12    energy,   electricity,   sound,  and  air;  and  the  use  of
13    therapeutic massage, therapeutic exercise, mobilization,  and
14    the  rehabilitative  procedures  with  or  without  assistive
15    devices  for  the  purposes  of  preventing,  correcting,  or
16    alleviating  a  physical  or  mental disability, or promoting
17    physical fitness and well-being.  Physical therapy  includes,
18    but  is not limited to:  (a) performance of specialized tests
19    and measurements, (b) administration of specialized treatment
20    procedures, (c) interpretation of referrals from  physicians,
21    dentists and podiatrists, (d) establishment, and modification
22    of physical therapy treatment programs, (e) administration of
23    topical   medication  used  in  generally  accepted  physical
24    therapy procedures when such medication is prescribed by  the
25    patient's physician, licensed to practice medicine in all its
26    branches,   the  patient's  physician  licensed  to  practice
27    podiatric  medicine,  or  the  patient's  dentist,  and   (f)
28    supervision  or  teaching  of  physical  therapy.    Physical
29    therapy   does   not   include   radiology,   electrosurgery,
30    chiropractic  technique  or  determination  of a differential
31    diagnosis; provided, however, the limitation on determining a
 
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 1    differential diagnosis  shall  not  in  any  manner  limit  a
 2    physical therapist licensed under this Act from performing an
 3    evaluation  pursuant to such license. Nothing in this Section
 4    shall limit a physical therapist from  employing  appropriate
 5    physical  therapy  techniques  that he or she is educated and
 6    licensed to perform.  A physical therapist shall refer  to  a
 7    licensed  physician, dentist, or podiatrist any patient whose
 8    medical condition  should,  at  the  time  of  evaluation  or
 9    treatment,  be  determined to be beyond the scope of practice
10    of the physical therapist.
11        (2)  "Physical therapist" means a  person  who  practices
12    physical therapy and who has met all requirements as provided
13    in this Act.
14        (3)  "Department"  means  the  Department of Professional
15    Regulation.
16        (4)  "Director"  means  the  Director   of   Professional
17    Regulation.
18        (5)  "Committee"  means  the  Physical  Therapy Examining
19    Committee approved by the Director.
20        (6)  "Referral" for the purpose of  this  Act  means  the
21    following  of guidance or direction to the physical therapist
22    given by the physician,  dentist,  or  podiatrist  who  shall
23    maintain supervision of the patient.
24        (7)  "Documented  current and relevant diagnosis" for the
25    purpose of this  Act  means  a  diagnosis,  substantiated  by
26    signature  or  oral  verification of a physician, dentist, or
27    podiatrist, that a patient's condition is such that it may be
28    treated by physical therapy as defined  in  this  Act,  which
29    diagnosis  shall  remain  in  effect  until  changed  by  the
30    physician, dentist or podiatrist.
31        (8)  "State" includes:
32             (a)  the states of the United States of America;
33             (b)  the District of Columbia; and or
34             (c)  the Commonwealth of Puerto Rico.
 
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 1        (9)  "Physical   therapist   assistant"  means  a  person
 2    licensed to assist a physical therapist and who has  met  all
 3    requirements  as provided in this Act and who works under the
 4    supervision of a licensed physical  therapist  to  assist  in
 5    implementing   the  physical  therapy  treatment  program  as
 6    established by the licensed physical therapist.  The  patient
 7    care  activities provided by the physical therapist assistant
 8    shall not include the interpretation of referrals, evaluation
 9    procedures,  or  the  planning  of,  or  major   modification
10    modifications of, patient programs.
11        (10)  "Physical  therapy aide" means any support person a
12    person who has received on the job training, specific to  the
13    facility  in  which he or she is employed and may be involved
14    in providing physical therapist directed  services  that  may
15    include patient-related or nonpatient-related duties, but who
16    has  not  completed  an approved physical therapist assistant
17    program.
18    (Source: P.A. 85-1440; 86-1396; revised 12-04-01.)

19        (225 ILCS 90/2) (from Ch. 111, par. 4252)
20        (Section scheduled to be repealed on January 1, 2006)
21        Sec.  2.   Licensure  requirement;   exempt   activities.
22    Practice  without a license forbidden - exception.  No person
23    shall after the date of August 31,  1965  begin  to  practice
24    physical  therapy  in this State or hold himself out as being
25    able to practice this profession, unless he  is  licensed  as
26    such in accordance with the provisions of this Act. After the
27    effective  date  of  this  amendatory  Act of 1990, no person
28    shall practice or hold himself out as  a  physical  therapist
29    assistant unless he is licensed as such under this Act.
30        This Act does not prohibit:
31             (1)  Any  person  licensed  in  this State under any
32        other Act from engaging in the practice for which  he  is
33        licensed.
 
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 1             (2)  The  practice  of  physical  therapy  by  those
 2        persons,  practicing  under the supervision of a licensed
 3        physical  therapist  and   who  have  met  all   of   the
 4        qualifications  as  provided in Sections 7, 8.1, and 9 of
 5        this  Act,  until  the  next  examination  is  given  for
 6        physical therapists or physical therapist assistants  and
 7        the  results have been received by the Department and the
 8        Department has determined the applicant's eligibility for
 9        a license. Anyone failing to pass said examination  shall
10        not again practice physical therapy until such time as an
11        examination has been successfully passed by such person.
12             (3)  The  practice  of physical therapy for a period
13        not exceeding 6 months by a person who is in  this  State
14        on  a  temporary  basis  to  assist  in a case of medical
15        emergency or to engage  in  a  special  physical  therapy
16        project,  and who meets the qualifications for a physical
17        therapist as set forth in Sections 7 and 8  of  this  Act
18        and is licensed in another state as a physical therapist.
19             (4)  Practice   of  physical  therapy  by  qualified
20        persons who have filed for endorsement for no longer than
21        one  year  or  until  such  time  that  notification   of
22        licensure has been granted or denied, whichever period of
23        time is lesser.
24             (5)  One  or  more licensed physical therapists from
25        forming a  professional  service  corporation  under  the
26        provisions of the "Professional Service Corporation Act",
27        approved September 15, 1969, as now or hereafter amended,
28        and  licensing  such  corporation  for  the  practice  of
29        physical therapy.
30             (6)  Physical  therapy aides from performing patient
31        care  activities  under   the   direction   and   on-site
32        supervision  of a licensed physical therapist or licensed
33        physical  therapist  assistant  who  is  present  in  the
34        immediate area and who  is  involved  in  each  treatment
 
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 1        session  in which a component of treatment is directed to
 2        a physical therapy aide.  These patient  care  activities
 3        shall not include interpretation of referrals, evaluation
 4        procedures,  the  planning  of or major modifications of,
 5        patient programs.
 6             (7)  Physical Therapist Assistants  from  performing
 7        patient  care activities under the general supervision of
 8        a licensed physical therapist.   The  physical  therapist
 9        must   maintain   continual  contact  with  the  physical
10        therapist   assistant   including    periodic    personal
11        supervision  and  instruction  to  insure  the safety and
12        welfare of the patient.
13             (8)  The practice of physical therapy by a  physical
14        therapy student or a physical therapist assistant student
15        under  the  on-site  supervision  of  a licensed physical
16        therapist.   The  physical  therapist  shall  be  readily
17        available  for  direct  supervision  and  instruction  to
18        insure the safety and welfare of the patient.
19             (9)  The  practice of physical therapy as part of an
20        educational program by a physical therapist  licensed  in
21        another  state  or  country  for a period not to exceed 6
22        months.
23    (Source: P.A. 90-580, eff. 5-21-98.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.

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