96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1359


 
Introduced 2/18/2009, by Rep. Angelo Saviano - Dan Reitz - Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:














See Index










 Amends the Orthotics, Prosthetics, and Pedorthics Practice Act. Makes changes in Sections concerning the powers and duties of the Department, the Board, qualifications for licensure, the renewal or restoration of a license, the grounds for discipline, and the appointment of a hearing officer. In a Section concerning exceptions, provides that the Act shall not be construed to prohibit a licensed advanced practice nurse from engaging in his or her profession (now, physical therapist or occupational therapist). In a Section concerning the limitations on the provision of care and services, provides that a licensed orthotist, prosthetist, or pedorthist may provide care or services if the care or services are provided pursuant to an order from an advanced practice nurse (now, a licensed physician or podiatrist). Creates new Sections concerning returned checks and fines, subpoenas, unlicensed practice and civil penalties. Defines the terms "address of record", "off-the-shelf device", and "Secretary". Repeals Sections concerning the transition period and enforcement. Repeals a Section concerning elective inactive status and reinserts its contents into a Section concerning the renewal or restoration of a license. Makes other changes. Effective immediately.
















LRB096 08529 ASK 18650 b

















 


 


A BILL FOR









 











HB1359

LRB096 08529 ASK 18650 b






1
 AN ACT concerning regulation.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Orthotics, Prosthetics, and Pedorthics 
5
Practice Act is amended by changing Sections 10, 15, 20, 25, 
6
40, 57, 60, 70, 80, 85, 90, 100, 105, 130, 150, and 160 and by 
7
adding Sections 77, 103, and 107 as follows:




8
 (225 ILCS 84/10)



9
 (Section scheduled to be repealed on January 1, 2010)

10
 Sec. 10. Definitions. As used in this Act:

11
 "Address of record" means the designated address recorded 
12
by the Department in the applicant's or licensee's application 
13
file or license file maintained by the Department's licensure 
14
maintenance unit. It is the duty of the applicant or licensee 
15
to inform the Department of any change of address, and such 
16
changes must be made either through the Department's website or 
17
by directly contacting the Department. 
18
 "Assistant" means a person who assists an orthotist, 
19
prosthetist, or
prosthetist/orthotist with patient care 
20
services and fabrication of orthoses or
prostheses
under the 
21
supervision of a licensed orthotist or prosthetist.

22
 "Board" means the Board of Orthotics, Prosthetics, and 
23
Pedorthics.

 


 






HB1359
- 2 -
LRB096 08529 ASK 18650 b





1
 "Custom" means that an orthosis, prosthesis, or pedorthic 
2
device is designed,
fabricated, and aligned specifically for 
3
one person in accordance with sound
biomechanical principles.

4
 "Custom fitted" means that a prefabricated orthosis, 
5
prosthesis, or pedorthic
device is modified and aligned 
6
specifically for one person in accordance with
sound

7
biomechanical principles.

8
 "Department" means the Department of Financial and 
9
Professional Regulation.

10
 "Secretary" "Director" means the Director of Financial and 
11
Professional Regulation.

12
 "Facility" means the business location where orthotic, 
13
prosthetic, or
pedorthic care is provided and, in the case of 
14
an orthotic/prosthetic facility,
has the
appropriate
clinical 
15
and laboratory space and equipment to provide comprehensive 
16
orthotic
or
prosthetic care and, in the case of a pedorthic 
17
facility, has the
appropriate clinical
space and
equipment to 
18
provide pedorthic care. Licensed orthotists, prosthetists, and

19
pedorthists
must be available to either provide care or 
20
supervise the provision of care by
registered
staff.

21
 "Licensed orthotist" means a person licensed under this Act 
22
to practice
orthotics and who represents himself or herself to 
23
the public by title or
description of
services that includes 
24
the term "orthotic", "orthotist", "brace", or a similar
title 
25
or
description of services.

26
 "Licensed pedorthist" means a person licensed under this 
 


 






HB1359
- 3 -
LRB096 08529 ASK 18650 b





1
Act to practice
pedorthics and who represents himself or 
2
herself to the public by the title or
description of
services 
3
that include the term "pedorthic", "pedorthist", or a similar 
4
title or
description
of services.

5
 "Licensed physician" means a person licensed
under the 
6
Medical Practice Act of 1987.

7
 "Licensed podiatrist" means a person licensed under the 
8
Podiatric
Medical Practice Act of 1987.

9
 "Licensed prosthetist" means a person licensed under this 
10
Act to practice
prosthetics and who represents himself or 
11
herself to the public by title or
description of
services that 
12
includes the term "prosthetic", "prosthetist", "artificial

13
limb", or a
similar title or description of services.

14
 "Off-the-shelf device" means a prefabricated orthosis, 
15
prosthesis, or pedorthic device that is sized or modified for 
16
use by the patient in accordance with a prescription and does 
17
not require substantial clinical judgment or substantive 
18
alteration for appropriate use. 
19
 "Orthosis" means a custom-fabricated or custom-fitted 
20
brace or support
designed to provide for alignment, correction, 
21
or prevention of neuromuscular
or
musculoskeletal dysfunction, 
22
disease, injury, or deformity. "Orthosis" does
not include

23
fabric or elastic supports, corsets, arch supports, 
24
low-temperature plastic
splints,
trusses, elastic hoses, 
25
canes, crutches, soft cervical collars, dental
appliances, or 
26
other
similar devices carried in stock and sold as 
 


 






HB1359
- 4 -
LRB096 08529 ASK 18650 b





1
"over-the-counter" items by a drug
store,
department store, 
2
corset shop, or surgical supply facility.

3
 "Orthotic and Prosthetic Education Program" means a course 
4
of instruction
accredited by the Commission on Accreditation of 
5
Allied Health Education
Programs,
consisting of (i) a basic 
6
curriculum of college level instruction in math,
physics,

7
biology, chemistry, and psychology and (ii) a specific 
8
curriculum in orthotic
or
prosthetic courses, including: (A) 
9
lectures covering pertinent anatomy,
biomechanics,

10
pathomechanics, prosthetic-orthotic components and materials, 
11
training and
functional
capabilities, prosthetic or orthotic 
12
performance evaluation, prescription
considerations,
etiology 
13
of amputations and disease processes necessitating prosthetic 
14
or
orthotic use,
and medical management; (B) subject matter 
15
related to pediatric and geriatric
problems;
(C) instruction in 
16
acute care techniques, such as immediate and early

17
post-surgical
prosthetics and fracture bracing techniques; and 
18
(D) lectures,
demonstrations,
and laboratory experiences 
19
related to the entire process of measuring, casting,
fitting,

20
fabricating, aligning, and completing prostheses or orthoses.

21
 "Orthotic and prosthetic scope of practice" means a list of 
22
tasks, with
relative
weight given to such factors as 
23
importance, criticality, and frequency, based
on

24
internationally accepted standards of orthotic and prosthetic 
25
care as outlined
by the
International Society of Prosthetics 
26
and Orthotics' professional profile for
Category I
and Category 
 


 






HB1359
- 5 -
LRB096 08529 ASK 18650 b





1
III orthotic and prosthetic personnel.

2
 "Orthotics" means the science and practice of evaluating, 
3
measuring,
designing, fabricating, assembling, fitting, 
4
adjusting, or servicing an
orthosis under an
order from a 
5
licensed physician or podiatrist for the correction
or

6
alleviation of neuromuscular or musculoskeletal dysfunction, 
7
disease, injury,
or
deformity.

8
 "Orthotist" means a person who measures, designs, 
9
fabricates, fits, or
services
orthoses and assists in the 
10
formulation of the order of orthoses as ordered
by a
licensed 
11
physician for the support or correction of disabilities caused 
12
by
neuro-musculoskeletal diseases, injuries, or deformities.

13
 "Over-the-counter" means a prefabricated, mass-produced 
14
device that is
prepackaged and requires no professional advice 
15
or judgement in either size
selection or
use, including fabric 
16
or elastic supports, corsets, generic arch supports,
elastic 
17
hoses.

18
 "Pedorthic device" means therapeutic footwear, foot 
19
orthoses for use at the
ankle or below, and modified footwear 
20
made for therapeutic purposes.
"Pedorthic device" does not 
21
include non-therapeutic accommodative inlays or

22
non-therapeutic
accommodative footwear, regardless of method 
23
of manufacture, shoe
modifications
made for non-therapeutic 
24
purposes, unmodified, over-the-counter shoes, or
prefabricated 
25
foot care products. 

26
 "Pedorthic education program" means a course of 
 


 






HB1359
- 6 -
LRB096 08529 ASK 18650 b





1
instruction accredited by
the Board for Certification in 
2
Pedorthics consisting of (i) a basic curriculum
of
instruction 
3
in foot-related pathology of diseases, anatomy, and 
4
biomechanics
and (ii) a
specific curriculum in pedorthic 
5
courses, including lectures covering shoes,
foot
orthoses, and 
6
shoe modifications, pedorthic components and materials, 
7
training
and
functional capabilities, pedorthic performance 
8
evaluation, prescription
considerations,
etiology of disease 
9
processes necessitating use of pedorthic devices, medical

10
management, subject matter related to pediatric and geriatric 
11
problems, and
lectures,
demonstrations, and laboratory 
12
experiences related to the entire process of
measuring
and 
13
casting, fitting, fabricating, aligning, and completing 
14
pedorthic
devices.

15
 "Pedorthic scope of practice" means a list of tasks with 
16
relative weight
given
to such factors as importance, 
17
criticality, and frequency based on nationally
accepted

18
standards of pedorthic care as outlined by the Board for 
19
Certification in
Pedorthics'
comprehensive analysis with an 
20
empirical validation study of the profession
performed
by an 
21
independent testing company.

22
 "Pedorthics" means the science and practice of evaluating, 
23
measuring,
designing, fabricating, assembling, fitting, 
24
adjusting, or servicing a
pedorthic device
under an order from 
25
a licensed physician or podiatrist for the
correction or

26
alleviation of neuromuscular or musculoskeletal dysfunction, 
 


 






HB1359
- 7 -
LRB096 08529 ASK 18650 b





1
disease, injury,
or
deformity.

2
 "Pedorthist" means a person who measures, designs, 
3
fabricates, fits, or
services pedorthic devices and assists in 
4
the formulation of the order
of pedorthic
devices as ordered by 
5
a licensed physician for the support or correction of

6
disabilities
caused by neuro-musculoskeletal diseases, 
7
injuries, or deformities.

8
 "Person" means a natural person.

9
 "Prosthesis" means an artificial medical device that is not 
10
surgically
implanted and that is used to replace a missing 
11
limb, appendage, or any other
external
human body
part 
12
including an artificial limb, hand, or foot. "Prosthesis" does 
13
not include
artificial
eyes, ears, fingers, or toes, dental 
14
appliances, cosmetic devices such as
artificial
breasts, 
15
eyelashes, or wigs, or other devices that do not have a 
16
significant
impact on the
musculoskeletal functions of the 
17
body.

18
 "Prosthetics" means the science and practice of 
19
evaluating, measuring,
designing, fabricating, assembling, 
20
fitting, adjusting, or servicing a
prosthesis
under an
order 
21
from a licensed physician.

22
 "Prosthetist" means a person who measures, designs, 
23
fabricates, fits, or
services prostheses and assists in the 
24
formulation of the
order of prostheses as ordered
by a licensed 
25
physician for the replacement of external parts of
the human

26
body lost due to amputation or congenital deformities or 
 


 






HB1359
- 8 -
LRB096 08529 ASK 18650 b





1
absences.

2
 "Prosthetist/orthotist" means a person who practices both 
3
disciplines of
prosthetics and orthotics and who represents 
4
himself or herself to the public
by title or by
description of 
5
services.

6
 "Resident" means a person who has completed an education 
7
program in either
orthotics or prosthetics and is continuing 
8
his or her clinical education in a
residency
accredited by the 
9
National Commission on Orthotic and Prosthetic Education.

10
 "Secretary" means the Secretary of Financial and 
11
Professional Regulation. 
12
 "Technician" means a person who assists an orthotist, 
13
prosthetist,
prosthetist/orthotist, or pedorthist with 
14
fabrication of orthoses, prostheses,
or pedorthic
devices but 
15
does not provide direct patient care.

16
(Source: P.A. 91-590, eff. 1-1-00.)





17
 (225 ILCS 84/15)



18
 (Section scheduled to be repealed on January 1, 2010)

19
 Sec. 15. Exceptions. This Act shall not be construed to 
20
prohibit:

21
 (1) a physician licensed in this State
from engaging in the 
22
practice for which he or she is licensed;

23
 (2) a person licensed in this State under any other Act 
24
from engaging in the
practice for which he or she is licensed;

25
 (3) the practice of orthotics, prosthetics, or pedorthics 
 


 






HB1359
- 9 -
LRB096 08529 ASK 18650 b





1
by a person who is
employed by the federal government or any 
2
bureau, division, or agency of the
federal
government while in 
3
the discharge of the employee's official duties;

4
 (4) the practice of orthotics, prosthetics, or pedorthics 
5
by (i) a student
enrolled in a school of orthotics, 
6
prosthetics, or pedorthics, (ii) a
resident continuing
his or 
7
her clinical education in a residency accredited by the 
8
National
Commission on
Orthotic and Prosthetic Education, or 
9
(iii) a student in a qualified work
experience
program or 
10
internship in pedorthics;

11
 (5) the practice of orthotics, prosthetics, or pedorthics 
12
by one who is an
orthotist, prosthetist, or pedorthist licensed 
13
under the laws of another state
or territory
of the United 
14
States or another country and has applied in writing to the

15
Department, in
a form and substance satisfactory to the 
16
Department, for a license as
orthotist,
prosthetist, or 
17
pedorthist and who is qualified to receive the license under

18
Section 40
until (i) the expiration of 6 months after the 
19
filing of the written
application, (ii) the
withdrawal of the 
20
application, or (iii) the denial of the application by the

21
Department;

22
 (6) a person licensed by this State as a physical 
23
therapist, or occupational
therapist, or advanced practice 
24
nurse from engaging in his or her profession; or

25
 (7) a physician licensed under the Podiatric Medical 
26
Practice Act of 1997
from engaging in his or her profession.

 


 






HB1359
- 10 -
LRB096 08529 ASK 18650 b





1
(Source: P.A. 91-590, eff. 1-1-00.)





2
 (225 ILCS 84/20)



3
 (Section scheduled to be repealed on January 1, 2010)

4
 Sec. 20. Powers and duties of the Department. 

5
 (a) The Department shall exercise the powers and duties 
6
prescribed by the
Civil
Administrative Code of Illinois for the 
7
administration of licensure Acts and
shall
exercise other 
8
powers and duties necessary for effectuating the purposes of

9
this Act. 

10
 (b) The Department may adopt rules to administer and 
11
enforce this Act
including, but not limited to, fees for 
12
original licensure and renewal and
restoration of
licenses and 
13
may prescribe forms to be issued to implement its rules. The

14
Department shall
exercise the powers and duties prescribed by 
15
this Act. At a minimum, the rules
adopted by the Department 
16
shall include standards and criteria for licensure
and for

17
professional conduct and discipline. The Department shall 
18
consult with the
Board in
adopting rules. Notice of proposed 
19
rulemaking shall be transmitted to the
Board, and
the 
20
Department shall review the Board's response and inform the 
21
Board of any deviations any recommendations made
in
writing 
22
with proper explanation of deviations from the Board's 
23
recommendations
and
response.

24
 (c) The Department at any time may seek the expert advice 
25
and knowledge of
the Board on any matter relating to the 
 


 






HB1359
- 11 -
LRB096 08529 ASK 18650 b





1
enforcement of this Act.

2
 (d) Department may adopt rules as necessary to establish 
3
eligibility for
facility
registration and standards.

4
(Source: P.A. 91-590, eff. 1-1-00.)





5
 (225 ILCS 84/25)



6
 (Section scheduled to be repealed on January 1, 2010)

7
 Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics. 

8
 (a) There is established a Board of Orthotics, Prosthetics, 
9
and Pedorthics,
which shall consist of 6 voting members to be 
10
appointed by the Director. Three
members shall be practicing 
11
licensed orthotists, licensed prosthetists, or
licensed

12
pedorthists. These members may be licensed in more than one 
13
discipline and
their
appointments must equally represent all 3 
14
disciplines. One member shall be a
member of the public who is 
15
a consumer of orthotic, prosthetic, or pedorthic
professional 
16
services. One member shall be a public member who is not 
17
licensed
under
this Act or a consumer of services licensed 
18
under this Act. One member shall
be a licensed physician.

19
 (b) Each member of the Board shall serve a term of 3 years, 
20
except that of
the initial appointments to the Board, 2 members 
21
shall be appointed for one
year, 2
members shall be appointed 
22
for 2 years, and 2 members shall be appointed for
3 years. Each 
23
member shall hold office and execute his or her Board

24
responsibilities until the qualification and appointment of 
25
his or her
successor. No
member of the Board shall serve more 
 


 






HB1359
- 12 -
LRB096 08529 ASK 18650 b





1
than 8 consecutive years or 2 full terms,
whichever is greater.

2
 (c) Members of the Board may shall receive as compensation 
3
a reasonable sum as
determined by the Director for each day 
4
actually engaged in the duties of the
office and
shall be 
5
reimbursed for reasonable expenses incurred in performing the 
6
duties
of the
office.

7
 (d) The majority of the Board shall constitute a quorum. A 
8
vacancy in the membership of the Board shall not impair the 
9
right of a quorum to exercise all of the duties of the Board A 
10
quorum of the Board shall consist of a majority of Board 
11
members
currently appointed.

12
 (e) The Director may terminate the appointment of any 
13
member for cause
which, in the opinion of the Director 
14
reasonably justifies termination, which
may
include, but is not 
15
limited to, a Board member who does not attend 2
consecutive

16
meetings.

17
 (f) Membership of the Board should reasonably reflect 
18
representation from
the geographic areas in this State.

19
(Source: P.A. 91-590, eff. 1-1-00.)





20
 (225 ILCS 84/40)



21
 (Section scheduled to be repealed on January 1, 2010)

22
 Sec. 40. 
Qualifications for licensure as orthotist, 
23
prosthetist, or
pedorthist.

24
 (a) To qualify for a license to practice orthotics or 
25
prosthetics, a
person
shall:


 


 






HB1359
- 13 -
LRB096 08529 ASK 18650 b





1
  (1) possess a baccalaureate degree from a college or 
2
 university;


3
  (2) have completed the amount of formal training, 
4
 including, but not
limited to, any hours of classroom 
5
 education and clinical practice established
and approved 
6
 by the Department;


7
  (3) complete a clinical residency in the professional 
8
 area for which a
license is sought in accordance with 
9
 standards, guidelines, or procedures for
residencies 
10
 inside or outside this State established and approved by 
11
 the
Department. The majority
of training must be devoted to 
12
 services performed under the supervision of a
licensed 
13
 practitioner of orthotics or prosthetics or a person 
14
 certified as a
Certified Orthotist (CO), Certified 
15
 Prosthetist (CP), or Certified Prosthetist
Orthotist (CPO) 
16
 whose certification was obtained before the effective date 
17
 of
this Act;


18
  (4) pass all written, practical, and oral examinations 
19
 that are required
and approved by the Department; and


20
  (5) be qualified to practice in accordance with 
21
 internationally
accepted standards of orthotic and 
22
 prosthetic care.

23
 (b) To qualify for a license to practice pedorthics, a 
24
person shall:


25
  (1) submit proof of possess a high school diploma or 
26
 its equivalent;


 


 






HB1359
- 14 -
LRB096 08529 ASK 18650 b





1
  (2) have completed the amount of formal training, 
2
 including, but
not limited to, any hours of classroom 
3
 education and clinical practice
established and approved 
4
 by the Department;


5
  (3) complete a qualified work experience program or 
6
 internship
in pedorthics in accordance with any standards, 
7
 guidelines, or procedures
established and approved by the 
8
 Department;


9
  (4) pass all examinations that are required and 
10
 approved by the
Department; and


11
  (5) be qualified to practice in accordance with 
12
 nationally
accepted standards of pedorthic care.

13
 (c) The standards and requirements for licensure 
14
established by the
Department shall be substantially equal to 
15
or in excess of standards commonly
accepted
in the profession 
16
of orthotics, prosthetics, or pedorthics. The Department
shall 
17
adopt
rules as necessary to set the standards and requirements.

18
 (d) A person may be licensed in more than one discipline.

19
(Source: P.A. 91-590, eff. 1-1-00.)





20
 (225 ILCS 84/57)



21
 (Section scheduled to be repealed on January 1, 2010)

22
 Sec. 57. Limitation on provision of care and services. A

23
licensed orthotist or pedorthist may provide care or services 
24
only if the care
or services are provided pursuant to an order 
25
from a licensed physician,
or podiatrist, or advanced practice 
 


 






HB1359
- 15 -
LRB096 08529 ASK 18650 b





1
nurse. A licensed prosthetist may provide care or
services only 
2
if the care or services are provided pursuant to an order from 
3
a
licensed physician or advanced practice nurse.

4
(Source: P.A. 91-590, eff. 1-1-00.)





5
 (225 ILCS 84/60)



6
 (Section scheduled to be repealed on January 1, 2010)

7
 Sec. 60. Renewal; restoration; military service; inactive 
8
status. 

9
 (a) The expiration date and renewal period for each license 
10
issued under
this
Act shall be set by rule of the Department. 
11
The Board shall establish
continuing
education requirements 
12
for the renewal of a license. These requirements shall
be based

13
on established standards of competence.

14
 (b) A person who has permitted his or her license to expire 
15
or who has had
his
or her license on inactive status may have 
16
his or her license restored by
(i) making
application to the 
17
Department, (ii) filing proof acceptable to the Department
of 
18
his or her
fitness to have his or her license restored 
19
including, but not limited to,
sworn
evidence
certifying to 
20
active practice in another jurisdiction satisfactory to the

21
Department, and (iii)
paying the required restoration fee. If 
22
the person has not maintained an
active
practice in another 
23
jurisdiction satisfactory to the Department, the Board
shall

24
determine, by an evaluation program established by rule, his or 
25
her fitness to
resume
active status and may require the person 
 


 






HB1359
- 16 -
LRB096 08529 ASK 18650 b





1
to complete a period of evaluated
clinical
experience and may 
2
require successful completion of an examination.

3
 (c) A person whose license expired while he or she was (i) 
4
in federal
service on active duty within the armed forces of 
5
the United States or with the
State
militia called into service 
6
or training or (ii) in training or education under
the

7
supervision of the United States preliminary to induction into 
8
military
service may
have his or her license renewed or 
9
restored without paying a lapsed renewal fee
if,
within 2 years 
10
after termination from the service, training, or education

11
except under
conditions other than honorable, he or she 
12
furnished the Department with
satisfactory
evidence that he or 
13
she has been so engaged and that his or her service,
training, 
14
or education has been terminated.

15
 (d) A person who notifies the Department
in writing on 
16
forms prescribed by the Department may elect to place his or 
17
her
license
on inactive status and shall, subject to rules of 
18
the Department, be excused
from
payment of renewal fees until 
19
he or she notifies the Department in writing of
his or her

20
desire to resume active status. 
21
 A person requesting restoration from inactive status shall 
22
be required to pay
the current renewal fee and shall be 
23
required to restore his or her license as
provided in 
24
subsection (b). 
25
 An orthotist, prosthetist, or pedorthist whose license is 
26
on inactive
status
shall not practice orthotics, prosthetics, 
 


 






HB1359
- 17 -
LRB096 08529 ASK 18650 b





1
or pedorthics in this State. 
2
(Source: P.A. 91-590, eff. 1-1-00.)





3
 (225 ILCS 84/70)



4
 (Section scheduled to be repealed on January 1, 2010)

5
 Sec. 70. Endorsement. The Department may, at its 
6
discretion, license as
either an orthotist,
prosthetist, or 
7
pedorthist, without examination and on payment of the required

8
fee,
an applicant who is an orthotist, prosthetist, or 
9
pedorthist who is (i)
licensed under the
laws of another state, 
10
territory, or country, if the requirements for licensure
in 
11
that state,
territory, or country in which the applicant was 
12
licensed were, at the date of
his or her
licensure, 
13
substantially equal to the requirements in force in this State 
14
on
that date or (ii)
certified by a national certification 
15
organization with educational and testing
standards as set 
16
forth by rule
equal to or more stringent than the licensing 
17
requirements of this State.

18
(Source: P.A. 91-590, eff. 1-1-00.)


19
 (225 ILCS 84/77 new)
20
 Sec. 77. Returned checks; fines. Any person who delivers a 
21
check or other payment to the Department that is returned to 
22
the Department unpaid by the financial institution upon which 
23
it is drawn shall pay to the Department, in addition to the 
24
amount already owned to the Department, a fine of $50. The 
 


 






HB1359
- 18 -
LRB096 08529 ASK 18650 b





1
fines imposed by this Section are in addition to any other 
2
discipline provided under this Act for unlicensed practice or 
3
practice on a non-renewed license. The Department shall notify 
4
the person that payment of fees and fines shall be paid to the 
5
Department by certified check or money order within 30 days of 
6
the notification. If the person has failed to submit the 
7
necessary remittance within 30 days of the notification, the 
8
Department shall automatically terminate the license or deny 
9
the application without a hearing. If the person seeks a 
10
license after the termination or denial of his or her license, 
11
he or she shall apply to the Department for restoration or 
12
issuance of the license and pay all fees and fines due to the 
13
Department. The Department may establish a fee for the 
14
processing of an application for restoration of a license to 
15
pay all expenses of processing this application. The Secretary 
16
may waive the fines due under this Section in individual cases 
17
when the fines would be unreasonable or unnecessarily 
18
burdensome.




19
 (225 ILCS 84/80)



20
 (Section scheduled to be repealed on January 1, 2010)

21
 Sec. 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 whose 
24
licenses have been suspended, or revoked, or otherwise 
25
disciplined within the previous year.
This
roster shall be 
 


 






HB1359
- 19 -
LRB096 08529 ASK 18650 b





1
available upon written request and payment of the required fee.

2
(Source: P.A. 91-590, eff. 1-1-00.)





3
 (225 ILCS 84/85)



4
 (Section scheduled to be repealed on January 1, 2010)

5
 Sec. 85. Practice by corporations. Nothing in this Act 
6
shall restrict
licensees from forming professional service 
7
corporations under and in accordance with the provisions
of the

8
Professional Service Corporation Act.

9
(Source: P.A. 91-590, eff. 1-1-00.)





10
 (225 ILCS 84/90)



11
 (Section scheduled to be repealed on January 1, 2010)

12
 Sec. 90. Grounds for discipline. 

13
 (a) The Department may refuse to issue or renew a license, 
14
or may revoke or
suspend a license, or may suspend, place on 
15
probation, censure, or reprimand a
licensee, or take any other 
16
disciplinary or non-disciplinary action as the Department may 
17
deem proper, including imposing fines not to exceed $10,000 for 
18
each violation,
for one or any combination of the following:


19
  (1) Making a material misstatement in furnishing 
20
 information to the
Department or the Board.


21
  (2) Violations of or negligent or intentional 
22
 disregard of this Act or
its rules.


23
  (3) Conviction of, or entry of a plea of guilty or nolo 
24
 contendre to, any crime that is a felony under the laws of 
 


 






HB1359
- 20 -
LRB096 08529 ASK 18650 b





1
 the United States or any state or territory thereof or that 
2
 is a misdemeanor of which an essential element is 
3
 dishonesty, or any crime that is directly related to the 
4
 practice of the profession. Conviction of any crime that 
5
 under the laws of the United
States or of a state or 
6
 territory of the United States is a felony or a

7
 misdemeanor, an essential element of which is dishonesty, 
8
 or of a crime that
is directly related to the practice of 
9
 the profession.


10
  (4) Making a misrepresentation for the purpose of 
11
 obtaining a
license.


12
  (5) A pattern of practice or other behavior that 
13
 demonstrates incapacity
or incompetence to practice under 
14
 this Act.


15
  (6) Gross or repeated negligence under this Act.


16
  (7) Aiding or assisting another person in violating a 
17
 provision of
this Act or its rules.


18
  (8) Failing to provide information within 60 days in 
19
 response to a
written request made by the Department.


20
  (9) Engaging in dishonorable, unethical, or 
21
 unprofessional conduct
or conduct of a character likely to 
22
 deceive, defraud, or harm the public.


23
  (10) Inability to practice with reasonable judgment, 
24
 skill or safety as a result of habitual or excessive use or 
25
 addiction to alcohol, narcotics, stimulants or any other 
26
 chemical agent or drug Habitual intoxication or addiction 
 


 






HB1359
- 21 -
LRB096 08529 ASK 18650 b





1
 to the use of drugs.


2
  (11) Discipline by another state or territory of the 
3
 United States, the
federal government, or foreign nation, 
4
 if at least one of the grounds for the
discipline is the 
5
 same or substantially equivalent to one set forth in this

6
 Section.


7
  (12) Directly or indirectly giving to or receiving from 
8
 a person,
firm, corporation, partnership, or association a 
9
 fee, commission, rebate, or
other form of compensation for 
10
 professional services not actually or
personally rendered.


11
  (13) A finding by the Board that the licensee or 
12
 registrant, after
having his or her license placed on 
13
 probationary status, has violated the terms
of probation.


14
  (14) Abandonment of a patient or client.


15
  (15) Wilfully making or filing false records or reports 
16
 in his or her
practice including, but not limited to, false 
17
 records filed with State agencies
or departments.


18
  (16) Wilfully failing to report an instance of 
19
 suspected child abuse
or neglect as required by the Abused 
20
 and Neglected Child Reporting Act.


21
  (17) Inability to practice the profession with 
22
 reasonable judgment, skill, or safety as a result of a 
23
 physical illness, including but not limited to 
24
 deterioration due to the aging process or loss of motor 
25
 skill, or a mental illness or disability. Physical illness 
26
 including, but not limited to, deterioration
through the 
 


 






HB1359
- 22 -
LRB096 08529 ASK 18650 b





1
 aging process or loss of motor skill that results in the

2
 inability
to practice the profession with reasonable 
3
 judgement, skill, or safety.


4
  (18) Solicitation of professional services using false 
5
 or misleading
advertising.

6
  (19) Failure to file a return, pay the tax, penalty, or 
7
 interest shown in a filed return, or pay any final 
8
 assessment of tax, penalty, or interest as required by any 
9
 tax Act administered by the Department of Revenue, until 
10
 such time as the requirements of the tax Act are satisfied 
11
 in accordance with subsection (g) of Section 15 of the 
12
 Department of Professional Regulation Law of the Civil 
13
 Administrative Code of Illinois (20 ILCS 2105/2105-15). 
14
 (b) The determination by a circuit court that a licensee or 
15
registrant is
subject
to involuntary admission or judicial 
16
admission, as provided in the Mental
Health and
Developmental 
17
Disabilities Code, operates as an automatic suspension. The

18
suspension
will end only upon (i) a finding by a court that the 
19
patient is no longer
subject to
involuntary admission or 
20
judicial admission and the issuance of a court
order so finding

21
and discharging the patient and (ii) the recommendation of the 
22
Board to
the
Director that the licensee or registrant be 
23
allowed to resume his or her
practice.

24
 (c) In enforcing this Section, the Department or Board upon 
25
a showing of a
possible violation may compel an individual 
26
licensed to practice under this
Act, or who
has applied for 
 


 






HB1359
- 23 -
LRB096 08529 ASK 18650 b





1
licensure under this Act, to submit to a mental or physical

2
examination, or
both, as required by and at the expense of the 
3
Department. The Department or
Board may
order the examining 
4
physician to present testimony concerning the mental or

5
physical
examination of the licensee or applicant. No 
6
information shall be excluded by
reason of
any common law or 
7
statutory privilege relating to communications between the

8
licensee
or applicant and the examining physician. The 
9
examining physicians shall be
specifically
designated by the 
10
Board or Department. The individual to be examined may have,
at 
11
his
or her own expense, another physician of his or her choice 
12
present during all aspects of
this examination. The examination 
13
shall be performed by a physician licensed
to practice
medicine 
14
in all its branches. Failure of an individual to submit to a 
15
mental
or physical
examination, when directed, shall be grounds 
16
for suspension of his or her
license until the
individual 
17
submits to the examination if the Department finds, after 
18
notice and
hearing,
that the refusal to submit to the 
19
examination was without reasonable cause.

20
 If the Department or Board finds an individual unable to 
21
practice because of
the
reasons set forth in this Section, the 
22
Department or Board may require that
individual to
submit to 
23
care, counseling, or treatment by physicians approved or 
24
designated
by the
Department or Board, as a condition, term, or 
25
restriction for continued,
reinstated, or
renewed licensure to 
26
practice; or, in lieu of care, counseling, or treatment,
the 
 


 






HB1359
- 24 -
LRB096 08529 ASK 18650 b





1
Department
may file, or the Board may recommend to the 
2
Department to file, a complaint to
immediately suspend, revoke, 
3
or otherwise discipline the license of the
individual. An

4
individual whose license was granted, continued, reinstated, 
5
renewed,
disciplined or
supervised subject to such terms, 
6
conditions, or restrictions, and who fails to
comply with
such 
7
terms, conditions, or restrictions, shall be referred to the 
8
Director for
a determination
as to whether the individual shall 
9
have his or her license suspended
immediately, pending
a 
10
hearing by the Department.

11
 In instances in which the Director immediately suspends a 
12
person's license
under
this Section, a hearing on that person's 
13
license must be convened by the
Department
within 30 15 days 
14
after the suspension and completed without appreciable delay.

15
The
Department and Board shall have the authority to review the 
16
subject
individual's record
of treatment and counseling 
17
regarding the impairment to the extent permitted by
applicable 
18
federal statutes and regulations safeguarding the 
19
confidentiality of
medical
records.

20
 An individual licensed under this Act and affected under 
21
this Section shall
be
afforded an opportunity to demonstrate to 
22
the Department or Board that he or
she can
resume practice in 
23
compliance with acceptable and prevailing standards under
the

24
provisions of his or her license.

25
 (d) The Department shall deny a license or renewal 
26
authorized by this Act to a person who has defaulted on an 
 


 






HB1359
- 25 -
LRB096 08529 ASK 18650 b





1
educational loan or scholarship provided or guaranteed by the 
2
Illinois Student Assistance Commission or any governmental 
3
agency of this State in accordance with subdivision (a)(5) of 
4
Section 15 of the Department of Professional Regulation Law of 
5
the Civil Administrative Code of Illinois (20 ILCS 
6
2105/2105-15).
7
 (e) In cases where the Department of Healthcare and Family 
8
Services (formerly the Department of Public Aid) has previously 
9
determined that a licensee or a potential licensee is more than 
10
30 days delinquent in the payment of child support and has 
11
subsequently certified the delinquency to the Department, the 
12
Department may refuse to issue or renew or may revoke or 
13
suspend that person's license or may take other disciplinary 
14
action against that person based solely upon the certification 
15
of delinquency made by the Department of Healthcare and Family 
16
Services in accordance with subdivision (a)(5) of Section 15 of 
17
the Department of Professional Regulation Law of the Civil 
18
Administrative Code of Illinois (20 ILCS 2105/2105-15). 
19
(Source: P.A. 91-590, eff. 1-1-00.)





20
 (225 ILCS 84/100)



21
 (Section scheduled to be repealed on January 1, 2010)

22
 Sec. 100. Investigations; notice and hearing. The 
23
Department may
investigate the actions of an applicant or of a 
24
person or persons holding or
claiming to
hold a license. Before 
25
refusing to issue or renew a license, the Department
shall, at

 


 






HB1359
- 26 -
LRB096 08529 ASK 18650 b





1
least 30 10 days prior to the date set for the hearing, notify 
2
in writing the
applicant for or
holder of a license of the 
3
nature of the charges and that a hearing will be
held on the

4
date designated. The written notice may be served by personal 
5
delivery or by
certified
or registered mail to the respondent 
6
at the address of record with disclosed on his or her
last 
7
notification to the
Department. At the time and place fixed in 
8
the notice, the Board shall proceed
to hear
the charges. The 
9
parties or their counsel shall be afforded ample opportunity
to

10
present statements, testimony, evidence, and argument that may 
11
be pertinent to
the
charges or to the defense to the charges. 
12
The Board may continue the hearing
from
time to time.

13
(Source: P.A. 91-590, eff. 1-1-00.)


14
 (225 ILCS 84/103 new)
15
 Sec. 103. Subpoenas; depositions; oaths. The Department 
16
has the power to subpoena documents, books, records, or other 
17
materials and to bring before it any person to take testimony 
18
either orally or by deposition, or both, with the same fees and 
19
mileage and in the same manner as prescribed in civil cases in 
20
the courts of this State.
21
 The Secretary, the designated hearing officer, and every 
22
member of the Board has the power to administer oaths to 
23
witnesses at any hearing that the Department is authorized to 
24
conduct, and any other oaths authorized in any Act administered 
25
by the Department.




 


 






HB1359
- 27 -
LRB096 08529 ASK 18650 b





1
 (225 ILCS 84/105)



2
 (Section scheduled to be repealed on January 1, 2010)

3
 Sec. 105. Record of proceedings; transcript Transcript. 
4
The Department, at its own expense, shall preserve
a
record of 
5
all proceedings at the formal hearing of any a case involving 
6
the refusal
to issue or
renew a license. The notice of hearing, 
7
complaint, and all other documents in
the nature
of pleadings 
8
and written motions filed in the proceedings, the transcripts 
9
transcript of
testimony,
the report of the Board, and orders of 
10
the Department shall be in the record of
the
proceeding.

11
(Source: P.A. 91-590, eff. 1-1-00.)


12
 (225 ILCS 84/107 new)
13
 Sec. 107. Unlicensed practice; civil penalty.
14
 (a) Any person who practices, offers to practice, attempts 
15
to practice, or holds himself or herself out to practice 
16
orthotics, prosthetics, or pedorthics, or performs the 
17
functions and duties of an orthotist, prosthetist, or 
18
pedorthist without being licensed under this Act shall, in 
19
addition to any other penalty provided by law, pay a civil 
20
penalty to the Department in an amount not to exceed $10,000 
21
for each offense as determined by the Department. The civil 
22
penalty shall be assessed by the Department after a hearing is 
23
held in accordance with the provisions set forth in this Act 
24
regarding the provision of a hearing for the discipline of a 
 


 






HB1359
- 28 -
LRB096 08529 ASK 18650 b





1
licensee.
2
 (b) The Department has the authority and power to 
3
investigate any and all unlicensed activity.
4
 (c) The civil penalty shall be paid within 60 days after 
5
the effective date of the order imposing the civil penalty. The 
6
order shall constitute a judgment and may be filed and 
7
execution had thereon in the same manner as any judgment from 
8
any court of record.




9
 (225 ILCS 84/130)



10
 (Section scheduled to be repealed on January 1, 2010)

11
 Sec. 130. Appointment of hearing officer. The Director 
12
shall have the
authority to appoint an attorney licensed to 
13
practice law in the State of Illinois to serve
as a hearing 
14
officer in an action for refusal to issue or renew a license or 
15
to discipline a
licensee. The hearing officer shall have full 
16
authority to conduct the hearing. The
hearing officer shall 
17
report his or her findings and recommendations to the
Board and

18
the Director. The Board shall have 60 days from receipt of the 
19
report to review
the
report of the hearing officer and present 
20
its findings of fact, conclusions of
law, and
recommendations 
21
to the Director. If the Board fails to present its report

22
within the 60-day period, the Director shall issue an order 
23
based on the report
of the hearing officer.
If the Director 
24
determines that the Board's report is contrary to the manifest

25
weight of
the evidence, he or she may issue an order in 
 


 






HB1359
- 29 -
LRB096 08529 ASK 18650 b





1
contravention of the Board's
report. Nothing in this Section 
2
shall prohibit a Board member from attending an informal 
3
conference and such participation shall not be grounds for 
4
recusal from any other proceeding. 

5
(Source: P.A. 91-590, eff. 1-1-00.)






6
 (225 ILCS 84/150)



7
 (Section scheduled to be repealed on January 1, 2010)

8
 Sec. 150. Temporary suspension of a license. The Director 
9
may
temporarily suspend the license of an orthotist, 
10
prosthetist, or pedorthist
without a
hearing simultaneously 
11
with the institution of proceedings for a hearing
provided for 
12
in
Section 95 of this Act if the Director finds that evidence 
13
in his or her
possession
indicates that a licensee's 
14
continuation in practice would constitute an
imminent danger
to 
15
the public. If the Director temporarily suspends a license 
16
without a
hearing, a
hearing by the Board must be held within 
17
30 days after the suspension and completed without appreciable 
18
delay.

19
(Source: P.A. 91-590, eff. 1-1-00.)





20
 (225 ILCS 84/160)



21
 (Section scheduled to be repealed on January 1, 2010)

22
 Sec. 160. Certifications of record; costs. The Department 
23
shall not be
required to certify any record to the court or 
24
file any answer in court or
otherwise
appear in any court in a 
 


 






HB1359
- 30 -
LRB096 08529 ASK 18650 b





1
judicial review proceeding unless there is filed in
the court

2
with the complaint a receipt from the Department acknowledging 
3
payment of the
costs
of furnishing and certifying the record, 
4
in an amount which shall be determined by the Department 
5
computed at the rate of
20 cents
per page of the record. 
6
Failure on the part of a plaintiff to file a receipt
in court 
7
shall be
grounds for dismissal of the action.

8
(Source: P.A. 91-590, eff. 1-1-00.)



9
 (225 ILCS 84/55 rep.)


10
 (225 ILCS 84/56 rep.)

11
 225 ILCS 84/65 rep.
12
 Section 10. The Orthotics, Prosthetics, and Pedorthics 
13
Practice Act is amended by repealing Sections 55, 56, and 65.


14
 Section 99. Effective date. This Act takes effect upon 
15
becoming law.



                                    
 


 






HB1359
- 31 -
LRB096 08529 ASK 18650 b





1


INDEX

2


Statutes amended in order of appearance


3
 225 ILCS 84/10




4
 225 ILCS 84/15




5
 225 ILCS 84/20




6
 225 ILCS 84/25




7
 225 ILCS 84/40




8
 225 ILCS 84/57




9
 225 ILCS 84/60




10
 225 ILCS 84/70






11
 225 ILCS 84/77 new





12
 225 ILCS 84/80




13
 225 ILCS 84/85




14
 225 ILCS 84/90




15
 225 ILCS 84/100






16
 225 ILCS 84/103 new





17
 225 ILCS 84/105






18
 225 ILCS 84/107 new





19
 225 ILCS 84/130




20
 225 ILCS 84/150




21
 225 ILCS 84/160




22
 225 ILCS 84/55 rep.




23
 225 ILCS 84/56 rep.






24
 225 ILCS 84/65 rep.