Bill Text: IL HB2996 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Illinois Occupational Therapy Practice Act from January 1, 2014 to January 1, 2024. Amends the Illinois Occupational Therapy Practice Act. Makes changes to Section headings and provisions concerning definitions, civil penalties, administration of Act, the Occupational Therapy Board, applications, examinations, licenses, fees, advertising, discipline, injunctions, investigations, hearings, confidentiality, subpoenas, findings and reports of the Board, restoration of licenses, suspensions, penalties, and home rule. Makes other changes. Effective December 31, 2013.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0264 [HB2996 Detail]

Download: Illinois-2013-HB2996-Enrolled.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.24 and by adding Section 4.34 as follows:
(5 ILCS 80/4.24)
Sec. 4.24. Acts and Section repealed on January 1, 2014.
The following Acts and Section of an Act are repealed on
January 1, 2014:
The Electrologist Licensing Act.
The Illinois Certified Shorthand Reporters Act of 1984.
The Illinois Occupational Therapy Practice Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
The Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act.
Section 2.5 of the Illinois Plumbing License Law.
The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 97-1139, eff. 12-28-12.)
(5 ILCS 80/4.34 new)
Sec. 4.34. Act repealed on January 1, 2024. The following

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Act is repealed on January 1, 2024:
The Illinois Occupational Therapy Practice Act.
Section 10. The Illinois Occupational Therapy Practice Act
is amended by changing Sections 2, 3, 3.1, 3.3, 3.5, 4, 5, 6,
7, 8, 11, 11.1, 12, 15, 16, 16.5, 18, 19, 19.1, 19.2, 19.3,
19.4, 19.5, 19.6, 19.7, 19.8, 19.9, 19.10, 19.11, 19.13, 19.15,
19.16, 20, and 21 and by adding Section 19.2a as follows:
(225 ILCS 75/2) (from Ch. 111, par. 3702)
(Section scheduled to be repealed on January 1, 2014)
Sec. 2. Definitions. In this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of the Department of
Financial and Professional Regulation. "Director" means the
Director of Professional Regulation.
(3) "Board" means the Illinois Occupational Therapy
Licensure Board appointed by the Secretary. Director.
(4) "Occupational therapist" means a person initially
registered and licensed to practice occupational therapy as
defined in this Act, and whose license is in good standing.
(5) "Occupational therapy assistant" means a person
initially registered and licensed to assist in the practice of
occupational therapy under the supervision of a licensed
occupational therapist, and to implement the occupational

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therapy treatment program as established by the licensed
occupational therapist. Such program may include training in
activities of daily living, the use of therapeutic activity
including task oriented activity to enhance functional
performance, and guidance in the selection and use of adaptive
equipment.
(6) "Occupational therapy" means the therapeutic use of
purposeful and meaningful occupations or goal-directed
activities to evaluate and provide interventions for
individuals, groups, and populations who have a disease or
disorder, an impairment, an activity limitation, or a
participation restriction that interferes with their ability
to function independently in their daily life roles, including
activities of daily living (ADLs) and instrumental activities
of daily living (IADLs). Occupational therapy services are
provided for the purpose of habilitation, rehabilitation, and
to promote health and wellness. Occupational therapy may be
provided via technology or telecommunication methods, also
known as telehealth, however the standard of care shall be the
same whether a patient is seen in person, through telehealth,
or other method of electronically enabled health care. and to
promote health and wellness. Occupational therapy practice
intervention may include any of the following:
(a) remediation or restoration of performance
abilities that are limited due to impairment in biological,
physiological, psychological, or neurological processes;

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(b) modification or adaptation of task, process, or the
environment or the teaching of compensatory techniques in
order to enhance performance;
(c) disability prevention methods and techniques that
facilitate the development or safe application of
performance skills; and
(d) health and wellness promotion strategies,
including self-management strategies, and practices that
enhance performance abilities.
The licensed occupational therapist or licensed
occupational therapy assistant may assume a variety of roles in
his or her career including, but not limited to, practitioner,
supervisor of professional students and volunteers,
researcher, scholar, consultant, administrator, faculty,
clinical instructor, fieldwork educator, and educator of
consumers, peers, and family.
(7) "Occupational therapy services" means services that
may be provided to individuals, groups, and populations, when
provided to treat an occupational therapy need, including,
without limitation, the following:
(a) evaluating, developing, improving, sustaining, or
restoring skills in activities of daily living, work, or
productive activities, including instrumental activities
of daily living and play and leisure activities;
(b) evaluating, developing, remediating, or restoring
sensorimotor, cognitive, or psychosocial components of

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performance with considerations for cultural context and
activity demands that affect performance;
(c) designing, fabricating, applying, or training in
the use of assistive technology, adaptive devices, seating
and positioning, or temporary, orthoses and training in the
use of orthoses and prostheses;
(d) adapting environments and processes, including the
application of ergonomic principles, to enhance
performance and safety in daily life roles;
(e) for the occupational therapist or occupational
therapy assistant possessing advanced training, skill, and
competency as demonstrated through criteria examinations
that shall be determined by the Department, applying
physical agent modalities as an adjunct to or in
preparation for engagement in occupations;
(f) evaluating and providing intervention in
collaboration with the client, family, caregiver, or
others;
(g) educating the client, family, caregiver, or others
in carrying out appropriate nonskilled interventions; and
(h) consulting with groups, programs, organizations,
or communities to provide population-based services; .
(i) assessing, recommending, and training in
techniques to enhance functional mobility, including
wheelchair management;
(j) driver rehabilitation and community mobility;

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(k) management of feeding, eating, and swallowing to
enable or enhance performance of these tasks;
(l) low vision rehabilitation;
(m) lymphedema and wound care management;
(n) pain management; and
(o) care coordination, case management, and transition
services.
(8) (Blank). "An aide in occupational therapy" means an
individual who provides supportive services to occupational
therapists or occupational therapy assistants but who is not
certified by a nationally recognized occupational therapy
certifying or licensing body.
(9) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change of
address, and those changes must be made either through the
Department's website or by contacting the Department.
(Source: P.A. 92-297, eff. 1-1-02; 92-366, eff. 1-1-02; 92-651,
eff. 7-11-02; 93-461, eff. 8-8-03.)
(225 ILCS 75/3) (from Ch. 111, par. 3703)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3. Licensure requirement; exempt activities. After
the effective date of this Act, no person shall practice

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occupational therapy or hold himself out as an occupational
therapist or an occupational therapy assistant, or as being
able to practice occupational therapy or to render services
designated as occupational therapy in this State, unless he is
licensed in accordance with the provisions of this Act.
Nothing in this Act shall be construed as preventing or
restricting the practice, services, or activities of:
(1) Any person licensed in this State by any other law from
engaging in the profession or occupation for which he is
licensed; or
(2) Any person employed as an occupational therapist or
occupational therapy assistant by the Government of the United
States, if such person provides occupational therapy solely
under the direction or control of the organization by which he
or she is employed; or
(3) Any person pursuing a course of study leading to a
degree or certificate in occupational therapy at an accredited
or approved educational program if such activities and services
constitute a part of a supervised course of study, and if such
person is designated by a title which clearly indicates his or
her status as a student or trainee; or
(4) Any person fulfilling the supervised work experience
requirements of Sections 8 and 9 of this Act, if such
activities and services constitute a part of the experience
necessary to meet the requirement of those Sections; or
(5) Any person performing occupational therapy services in

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the State, if such a person is not a resident of this State and
is not licensed under this Act, and if such services are
performed for no more than 60 days a calendar year in
association with an occupational therapist licensed under this
Act and if such person meets the qualifications for license
under this Act and:
(i) such person is licensed under the law of another
state which has licensure requirements at least as
restrictive as the requirements of this Act, or
(ii) such person meets the requirements for
certification as an Occupational Therapist Registered
(O.T.R.) or a Certified Occupational Therapy Assistant
(C.O.T.A.) established by the National Board for
Certification of Occupational Therapy or another
nationally recognized credentialing body approved by the
Board; or
(6) The practice of occupational therapy by one who has
applied in writing to the Department for a license, in form and
substance satisfactory to the Department, and has complied with
all the provisions of either Section 8 or 9 except the passing
of the examination to be eligible to receive such license. In
no event shall this exemption extend to any person for longer
than 6 months, except as follows:
(i) if the date on which a person can take the next
available examination authorized by the Department extends
beyond 6 months from the date the person completes the

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occupational therapy program as required under Section 8 or
9, the Department shall extend the exemption until the
results of that examination become available to the
Department; or
(ii) if the Department is unable to complete its
evaluation and processing of a person's application for a
license within 6 months after the date on which the
application is submitted to the Department in proper form,
the Department shall extend the exemption until the
Department has completed its evaluation and processing of
the application.
In the event such applicant fails the examination, the
applicant shall cease work immediately until such time as the
applicant is licensed to practice occupational therapy in this
State.
(7) The practice of occupational therapy by one who has
applied to the Department, in form and substance satisfactory
to the Department, and who is licensed to practice occupational
therapy under the laws of another state, territory of the
United States or country and who is qualified to receive a
license under the provisions of either Section 8 or 9 of this
Act. In no event shall this exemption extend to any person for
longer than 6 months.
(8) (Blank). The practice of occupational therapy by one
who has applied to the Department, in form and substance
satisfactory to the Department, and who is qualified to receive

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a license under the provisions of either Section 8 or 9 of this
Act. In no event shall this exemption extend to any person for
longer than 6 months.
(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/3.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.1. Referrals.
(a) A licensed occupational therapist or licensed
occupational therapy assistant may consult with, educate,
evaluate, and monitor services for individuals, groups, and
populations clients concerning non-medical occupational
therapy needs. Except as indicated in subsections (b) and (c)
of this Section, implementation Implementation of direct
occupational therapy treatment to individuals for their
specific health care conditions shall be based upon a referral
from a licensed physician, dentist, podiatrist, advanced
practice nurse who has a written collaborative agreement with a
collaborating physician to provide or accept referrals from
licensed occupational therapists, physician assistant who has
been delegated authority to provide or accept referrals from or
to licensed occupational therapists, or optometrist.
(b) A referral is not required for the purpose of providing
consultation, habilitation, screening, education, wellness,
prevention, environmental assessments, and work-related
ergonomic services to individuals, groups, or populations.

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(c) Referral from a physician or other health care provider
is not required for evaluation or intervention for children and
youths if an occupational therapist or occupational therapy
assistant provides services in a school-based or educational
environment, including the child's home.
(d) An occupational therapist shall refer to a licensed
physician, dentist, optometrist, advanced practice nurse,
physician assistant, or podiatrist any patient whose medical
condition should, at the time of evaluation or treatment, be
determined to be beyond the scope of practice of the
occupational therapist.
(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03; 93-962,
eff. 8-20-04.)
(225 ILCS 75/3.3)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.3. Rules. The Department shall promulgate rules to
define and regulate the activities of an aide in occupational
therapy aides.
(Source: P.A. 92-297, eff. 1-1-02.)
(225 ILCS 75/3.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 3.5. Unlicensed practice; violation; civil penalty.
(a) In addition to any other penalty provided by law, any
Any person who practices, offers to practice, attempts to

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practice, or holds oneself out to practice as an occupational
therapist or assistant without being licensed under this Act
shall, in addition to any other penalty provided by law, pay a
civil penalty to the Department in an amount not to exceed
$10,000 $5,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 75/4) (from Ch. 111, par. 3704)
(Section scheduled to be repealed on January 1, 2014)
Sec. 4. Administration of Act; rules and forms.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensing Acts and shall exercise such other
powers and duties necessary for effectuating the purposes of
this Act.

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(b) The Secretary may Director shall promulgate rules
consistent with the provisions of this Act for the
administration and enforcement thereof, and for the payment of
fees connected therewith, and may prescribe forms which shall
be issued in connection therewith. The rules may shall include
but not be limited to the standards and criteria for licensure
and professional conduct and discipline; the standards and
criteria used in determining when oral interviews will be
conducted; the standards and criteria used when determining
fitness to practice therapy; and the procedures followed in
oral interviews. The Department may shall consult with the
Board in promulgating rules. Notice of proposed rulemaking
shall be transmitted to the Board and the Department shall
review the Board's response and any recommendations made
therein. The Department shall notify the Board in writing with
proper explanation of deviations from the Board's
recommendations and responses.
(c) The Department may at any time seek the advice and the
expert knowledge of the Board on any matter relating to the
administration of this Act.
(d) The Department shall issue quarterly a report to the
Board of the status of all complaints related to the profession
filed with the Department.
(Source: P.A. 84-793.)
(225 ILCS 75/5) (from Ch. 111, par. 3705)

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(Section scheduled to be repealed on January 1, 2014)
Sec. 5. Board. The Secretary Director shall appoint an
Illinois Occupational Therapy Licensure Board as follows: 7
persons who shall be appointed by and shall serve in an
advisory capacity to the Secretary. Director. Four One member
must be a physician licensed to practice medicine in all of its
branches; 3 members must be licensed occupational therapists in
good standing, and actively engaged in the practice of
occupational therapy in this State; 2 members must be licensed
occupational therapy assistants in good standing and actively
engaged in the practice of occupational therapy in this State;
and 1 member must be a public member who is not licensed under
this Act, or a similar Act of another jurisdiction, and is not
a provider of health care service.
Members shall serve 4 year terms and until their successors
are appointed and qualified. No member shall be appointed under
this or any prior Act to the Board for service which would
constitute more than 2 full consecutive terms. Appointments to
fill vacancies shall be made in the same manner as original
appointments, for the unexpired portion of the vacated term.
Initial terms shall begin upon the effective date of this Act.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Secretary shall have the authority to remove or suspend
any member of the Board for cause at any time before the
expiration of his or her term. The Secretary shall be the sole

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arbiter of cause. Director may terminate the appointment of any
member for cause which in the opinion of the Director
reasonably justifies such termination.
The Secretary Director shall consider the recommendations
of the Board on questions involving standards of professional
conduct, discipline and qualifications of candidates and
license holders under this Act.
Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
Members of the Board have no liability in any action based
upon any disciplinary proceeding or other activity performed in
good faith as a member of the Board.
Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses incurred in
attending the meetings of the Board.
(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/6) (from Ch. 111, par. 3706)
(Section scheduled to be repealed on January 1, 2014)
Sec. 6. Applications for original licensure. Applications
for original licensure shall be made to the Department in
writing on forms prescribed by the Department and shall be
accompanied by the required fee, which shall not be returnable.
Any such application shall require such information as in the
judgment of the Department will enable the Department to pass
on the qualifications of the applicant for licensure.

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Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 83-696.)
(225 ILCS 75/7) (from Ch. 111, par. 3707)
(Section scheduled to be repealed on January 1, 2014)
Sec. 7. Examinations. The Department shall authorize
examinations of applicants for a license under this Act at the
times at least annually and at such time and place as it may
designate. The examination shall be of a character to give a
fair test of the qualifications of the applicant to practice
occupational therapy.
Applications for examination as occupational therapists
and occupational therapy assistants shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination. Failure to
appear for the examination on the scheduled date, at the time
and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee.
If an applicant neglects, fails or refuses to take the
examination within 90 days after the date the Confirmation of

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Examination and Eligibility to Examine Notice is issued or
fails to pass an examination for certification under this Act,
the application shall be denied. If an applicant fails to pass
an examination for registration under this Act within 3 years
after filing his application, the application shall be denied.
The applicant may thereafter make a new application accompanied
by the required fee, however, the applicant shall meet all
requirements in effect at the time of subsequent application
before obtaining licensure.
The Department may employ consultants for the purposes of
preparing and conducting examinations.
(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/8) (from Ch. 111, par. 3708)
(Section scheduled to be repealed on January 1, 2014)
Sec. 8. A person shall be qualified for licensure as an
occupational therapist if that person:
(1) has applied in writing in form and substance to the
Department;
(2) (blank);
(3) has completed an occupational therapy program of at
least 4 years in length, leading to a Masters or doctoral
baccalaureate degree, or its equivalent, approved by the
Department; and
(4) has successfully completed the examination
authorized by the Department within the past 5 years.

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(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/11) (from Ch. 111, par. 3711)
(Section scheduled to be repealed on January 1, 2014)
Sec. 11. Expiration and renewal; restoration; military
service.
(a) The expiration date and renewal period for each
certificate issued under this Act shall be set by rule.
(b) Any occupational therapist or occupational therapy
assistant who has permitted his or her license to expire or who
has had his or her license on inactive status may have his or
her license restored by making application to the Department,
by and filing proof acceptable to the Department of his fitness
to have his license restored, by paying the required fee, and
by showing proof of compliance with any continuing education
requirements. Proof The Department may consider a certificate
expired less than 5 years as prima facie evidence that the
applicant is fit. If the applicant's license has expired or
been placed on inactive status, proof of fitness may include
sworn evidence certifying to active practice in another
jurisdiction satisfactory to the Department and by paying the
required restoration fee.
If the occupational therapist or occupational therapy
assistant has not maintained an active practice in another
jurisdiction satisfactory to the Department, the Department
shall determine, by an evaluation program established by rule,

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his fitness to resume active status and shall establish
procedures and requirements for restoration. may require the
occupational therapist or occupational therapy assistant to
successfully complete a practice examination.
(c) However, any occupational therapist or occupational
therapy assistant whose license expired while he was (1) in
Federal Service on active duty with the Armed Forces of the
United States, or the State Militia called into service or
training, or (2) in training or education under the supervision
of the United States preliminary to induction into the military
service, may have his or her license certificate renewed or
restored without paying any lapsed renewal fees if within 2
years after honorable termination of such service, training or
education except under conditions other than honorable, he or
she furnishes furnished the Department with satisfactory
evidence to the effect that he or she has been so engaged and
that his or her service, training, or education has been so
terminated.
(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/11.1)
(Section scheduled to be repealed on January 1, 2014)
Sec. 11.1. Continuing education requirement. As a
condition for renewal of a license, licensees shall be required
to complete continuing education in occupational therapy in
accordance with rules established by the Department. All

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renewal applicants shall provide proof of having met the
continuing competency requirements set forth in the rules of
the Department. The Department shall provide by rule for an
orderly process for the reinstatement of licenses that have not
been renewed for failure to meet the continuing competency
requirements. The continuing competency requirements may be
waived in cases of extreme hardship as defined by rule.
The Department shall establish by rule a means for
verifying the completion of the continuing competency required
by this Section. This verification may be accomplished through
audits of records maintained by licensees, by requiring the
filing of continuing competency certificates with the
Department, or by any other means established by the
Department.
(Source: P.A. 92-297, eff. 1-1-02; 93-461, eff. 8-8-03.)
(225 ILCS 75/12) (from Ch. 111, par. 3712)
(Section scheduled to be repealed on January 1, 2014)
Sec. 12. Inactive status; restoration. Any occupational
therapist or occupational therapy assistant who notifies the
Department in writing on forms prescribed by the Department,
may elect to place his license on an inactive status and shall,
subject to rules of the Department, be excused from payment of
renewal fees until he notifies the Department in writing of his
desire to resume active status.
Any occupational therapist or occupational therapy

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assistant requesting restoration from inactive or expired
status shall be required to pay the current renewal fee,
demonstrate compliance with continuing education requirements,
if any, and shall be required to restore his license as
provided in Section 11.
Any occupational therapist or occupational therapy
assistant whose license is in expired or an inactive status
shall not practice occupational therapy in the State of
Illinois.
(Source: P.A. 83-696.)
(225 ILCS 75/15) (from Ch. 111, par. 3715)
(Section scheduled to be repealed on January 1, 2014)
Sec. 15. Any person who is issued a license as an
occupational therapist registered under the terms of this Act
may use the words "occupational therapist" or "licensed
occupational therapist", or may use the letters "O.T.", "OT/L",
or "OTR/L", "O.T", in connection with his or her name or place
of business to denote his or her licensure under this Act.
Any person who is issued a license as a occupational
therapy assistant under the terms of this Act may use the
words, "occupational therapy assistant" or "licensed
occupational therapy assistant", or he or she may use the
letters "O.T.A.", "OTA/L", or "COTA/L" in connection with his
or her name or place of business to denote his or her licensure
under this Act.

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(Source: P.A. 93-461, eff. 8-8-03.)
(225 ILCS 75/16) (from Ch. 111, par. 3716)
(Section scheduled to be repealed on January 1, 2014)
Sec. 16. Fees; returned checks. The fees for the
administration and enforcement of this Act, including but not
limited to, original certification, renewal, and restoration
of a license issued under this Act, shall be set by rule. The
fees shall be non-refundable.
Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this Act
for unlicensed practice or practice on a nonrenewed license.
The Department shall notify the person that payment of fees and
fines shall be paid to the Department by certified check or
money order within 30 calendar days of the notification. If,
after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Department shall automatically terminate the
license or certificate or deny the application, without
hearing. If, after termination or denial, the person seeks a
license or certificate, he or she shall apply to the Department
for restoration or issuance of the license or certificate and

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pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a license or certificate to pay all expenses of
processing this application. The Secretary Director may waive
the fines due under this Section in individual cases where the
Secretary Director finds that the fines would be unreasonable
or unnecessarily burdensome.
However, any person whose license has expired while he has
been engaged (1) in federal or state service active duty, or
(2) in training or education under the supervision of the
United States preliminary to induction into the military
service, may have his license renewed, reinstated or restored
without paying any lapsed renewal and restoration fees, if
within 2 years after termination of such service, training or
education other than by dishonorable discharge, he furnishes
the Department with satisfactory proof that he has been so
engaged and that his service, training or education has been so
terminated.
(Source: P.A. 92-146, eff. 1-1-02.)
(225 ILCS 75/16.5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 16.5. Deposit of fees and fines. All Beginning July 1,
1995, all of the fees, penalties, and fines collected under
this Act shall be deposited into the General Professions
Dedicated Fund and shall be appropriated to the Department for

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the ordinary and contingent expenses of the Department in the
administration of this Act.
(Source: P.A. 88-683, eff. 1-24-95.)
(225 ILCS 75/18) (from Ch. 111, par. 3718)
(Section scheduled to be repealed on January 1, 2014)
Sec. 18. Advertising.
(a) Any person licensed under this Act may advertise the
availability of professional services in the public media or on
the premises where such professional services are rendered as
permitted by law, on the condition that such advertising is
truthful and not misleading and is in conformity with rules
promulgated by the Department. Advertisements shall not
include false, fraudulent, deceptive, or misleading material
or guarantees of success.
(b) A licensee shall include in every advertisement for
services regulated under this Act his or her title as it
appears on the license or the initials authorized under this
Act.
(Source: P.A. 91-310, eff. 1-1-00.)
(225 ILCS 75/19) (from Ch. 111, par. 3719)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other

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disciplinary or non-disciplinary action as the Department may
deem proper, including imposing fines not to exceed $10,000
$2,500 for each violation and the assessment of costs as
provided under Section 19.3 of this Act, with regard to any
license for any one or combination of the following:
(1) Material misstatement in furnishing information to
the Department;
(2) Violations of Wilfully violating this Act, or of
the rules promulgated thereunder;
(3) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States that is
(i) a felony or (ii) a misdemeanor, an essential element of
which is dishonesty, or that is directly related to the
practice of the profession; of any crime under the laws of
the United States or any state or territory thereof which
is a felony or which is a misdemeanor, an essential element
of which is dishonesty, or of any crime which is directly
related to the practice of occupational therapy;
(4) Fraud or Making any misrepresentation in applying
for or procuring a license under this Act, or in connection
with applying for renewal of a license under this Act; for
the purpose of obtaining certification, or violating any

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provision of this Act or the rules promulgated thereunder
pertaining to advertising;
(5) Professional incompetence; Having demonstrated
unworthiness, or incompetency to act as an occupational
therapist or occupational therapy assistant in such manner
as to safeguard the interest of the public;
(6) Aiding Wilfully aiding or assisting another
person, firm, partnership or corporation in violating any
provision of this Act or rules;
(7) Failing, within 60 days, to provide information in
response to a written request made by the Department;
(8) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public;
(9) Habitual or excessive use or abuse of drugs defined
in law as controlled substances, alcohol, or any other
substance that results in the inability to practice with
reasonable judgment, skill, or safety; intoxication or
addiction to the use of drugs;
(10) Discipline by another state, unit of government,
government agency, the District of Columbia, a territory,
or foreign nation, if at least one of the grounds for the
discipline is the same or substantially equivalent to those
set forth herein;
(11) Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association

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any fee, commission, rebate or other form of compensation
for professional services not actually or personally
rendered. Nothing in this paragraph (11) affects any bona
fide independent contractor or employment arrangements
among health care professionals, health facilities, health
care providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (11) shall be construed to
require an employment arrangement to receive professional
fees for services rendered;
(12) A finding by the Department that the license
holder, after having his license disciplined, has violated
the terms of the discipline;
(13) Wilfully making or filing false records or reports
in the practice of occupational therapy, including but not
limited to false records filed with the State agencies or
departments;
(14) Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice under this
Act the profession with reasonable judgment, skill, or
safety;
(15) Solicitation of professional services other than

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by permitted advertising;
(16) Allowing one's license under this Act to be used
by an unlicensed person in violation of this Act; Wilfully
exceeding the scope of practice customarily undertaken by
persons licensed under this Act, which conduct results in,
or may result in, harm to the public;
(17) Practicing under a false or, except as provided by
law, assumed name; Holding one's self out to practice
occupational therapy under any name other than his own or
impersonation of any other occupational therapy licensee;
(18) Professional incompetence or gross Gross
negligence;
(19) Malpractice;
(20) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in any manner
to exploit the client for financial gain of the licensee;
Obtaining a fee in money or gift in kind of any other items
of value or in the form of financial profit or benefit as
personal compensation, or as compensation, or charge,
profit or gain for an employer or for any other person or
persons, on the fraudulent misrepresentation that a
manifestly incurable condition of sickness, disease or
injury to any person can be cured;
(21) Gross, willful, or continued overcharging for
professional services; Accepting commissions or rebates or
other forms of remuneration for referring persons to other

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professionals;
(22) Mental illness or disability that results in the
inability to practice under this Act with reasonable
judgment, skill, or safety; Failure to file a return, or to
pay the tax, penalty or interest shown in a filed return,
or to pay any final assessment of tax, penalty or interest,
as required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements
of any such tax Act are satisfied;
(23) Violating the Health Care Worker Self-Referral
Act; and
(24) Having treated patients other than by the practice
of occupational therapy as defined in this Act, or having
treated patients as a licensed occupational therapist
independent of a referral from a physician, advanced
practice nurse or physician assistant in accordance with
Section 3.1, dentist, podiatrist, or optometrist, or
having failed to notify the physician, advanced practice
nurse, physician assistant, dentist, podiatrist, or
optometrist who established a diagnosis that the patient is
receiving occupational therapy pursuant to that
diagnosis. ;
(25) Cheating on or attempting to subvert the licensing
examination administered under this Act; and
(26) Charging for professional services not rendered,
including filing false statements for the collection of

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fees for which services are not rendered.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(b) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission as provided in the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, operates as an
automatic suspension. Such suspension will end only upon a
finding by a court that the patient is no longer subject to
involuntary admission or judicial admission, and an order by
the court so finding and discharging the patient. In any case
where a license is suspended under this provision, the licensee
shall file a petition for restoration and shall include
evidence acceptable to the Department that the licensee can
resume practice in compliance with acceptable and prevailing
standards of their profession. , and the recommendation of the
Board to the Director that the license holder be allowed to
resume his practice.
(c) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, take disciplinary action concerning the license of
any person who fails to file a return, to pay the tax, penalty,
or interest shown in a filed return, or to pay any final
assessment of tax, penalty, or interest as required by any tax

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Act administered by the Illinois Department of Revenue, until
such time as the requirements of any such tax Act are satisfied
in accordance with subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois. as determined by the
Department of Revenue.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional

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supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to provide
any testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all

HB2996 Enrolled - 33 - LRB098 10815 MGM 41283 b
aspects of the examination.
Failure of any individual to submit to mental or physical
examination or evaluation, or both, when directed, shall result
in an automatic suspension without hearing, until such time as
the individual submits to the examination. If the Department
finds a licensee unable to practice because of the reasons set
forth in this Section, the Department shall require the
licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure.
When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
Individuals licensed under this Act that are affected under
this Section, shall be afforded an opportunity to demonstrate
to the Department that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license. In enforcing this Section, the Board, upon a
showing of a possible violation, may compel a licensee or
applicant to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The

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examining physicians or clinical psychologists shall be those
specifically designated by the Board. The Board or the
Department may order (i) the examining physician to present
testimony concerning the mental or physical examination of a
licensee or applicant or (ii) the examining clinical
psychologist to present testimony concerning the mental
examination of a licensee or applicant. No information shall be
excluded by reason of any common law or statutory privilege
relating to communications between a licensee or applicant and
the examining physician or clinical psychologist. An
individual to be examined may have, at his or her own expense,
another physician or clinical psychologist of his or her choice
present during all aspects of the examination. Failure of an
individual to submit to a mental or physical examination, when
directed, is grounds for suspension of his or her license. The
license must remain suspended until the person submits to the
examination or the Board finds, after notice and hearing, that
the refusal to submit to the examination was with reasonable
cause.
If the Board finds an individual unable to practice because
of the reasons set forth in this Section, the Board must
require the individual to submit to care, counseling, or
treatment by a physician or clinical psychologist approved by
the Board, as a condition, term, or restriction for continued,
reinstated, or renewed licensure to practice. In lieu of care,
counseling, or treatment, the Board may recommend that the

HB2996 Enrolled - 35 - LRB098 10815 MGM 41283 b
Department file a complaint to immediately suspend or revoke
the license of the individual or otherwise discipline the
licensee.
Any individual whose license was granted, continued,
reinstated, or renewed subject to conditions, terms, or
restrictions, as provided for in this Section, or any
individual who was disciplined or placed on supervision
pursuant to this Section must be referred to the Director for a
determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Board.
(e) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(f) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of

HB2996 Enrolled - 36 - LRB098 10815 MGM 41283 b
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 96-1482, eff. 11-29-10.)
(225 ILCS 75/19.1) (from Ch. 111, par. 3720)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.1. Injunctive relief; order to cease and desist.
(a) If any person violates the provisions of this Act, the
Secretary Director may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois or the State's Attorney of the county in which the
violation is alleged to have occurred, petition for an order
enjoining such violation or for an order enforcing compliance
with this Act. Upon the filing of a verified petition in such
court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently
enjoin such violation. If it is established that such person
has violated or is violating the injunction, the court may
punish the offender for contempt of court. Proceedings under
this Section shall be in addition to, and not in lieu of, all
other remedies and penalties provided by this Act.
(b) If any person practices shall practice as an
occupational therapist or an occupational therapy assistant or
holds himself or herself hold himself out as such without being

HB2996 Enrolled - 37 - LRB098 10815 MGM 41283 b
licensed under the provisions of this Act then any person
licensed under this Act, any interested party or any person
injured thereby may, in addition to the Secretary Director,
petition for relief as provided in subsection (a).
(c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him or her. The rule shall clearly set forth
the grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 83-696.)
(225 ILCS 75/19.2) (from Ch. 111, par. 3721)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.2. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or person holding or claiming to hold a license. The
Department shall, before refusing to issue, renew, or
discipline taking action under Section 19 against a licensee or
applicant, at least 30 days prior to the date set for the
hearing, notify the applicant or licensee in writing the
applicant for, or holder of, a license of the nature of the
charges and the time and place for , that a hearing on the

HB2996 Enrolled - 38 - LRB098 10815 MGM 41283 b
charges. will be held on the date designated, and The
Department shall direct the applicant or licensee applicant or
licensee to file a written answer to the charges with the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Department may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his or her license may, in the discretion of the
Department, be revoked, suspended, placed on probationary
status, or the Department may take whatever disciplinary action
considered proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without a hearing, if the act or acts charged constitute
sufficient grounds for that action under the Act. The written
notice and any notice in the subsequent proceeding may be
served by registered or certified mail to the licensee's
address of record. applicant or licensee and that the license
or certificate may be suspended, revoked, placed on
probationary status, or other disciplinary action may be taken,
including limiting the scope, nature or extent of practice, as
the Director may deem proper. Written notice may be served by

HB2996 Enrolled - 39 - LRB098 10815 MGM 41283 b
personal delivery or certified or registered mail to the
respondent at the address of his last notification to the
Department. In case the person fails to file an answer after
receiving notice, his or her license or certificate may, in the
discretion of the Department, be suspended, revoked, or placed
on probationary status, or the Department may take whatever
disciplinary action deemed proper, including limiting the
scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. At the time and place fixed in the notice, the Board
shall proceed to hear the charges and the parties or their
counsel shall be accorded ample opportunity to represent such
statements, testimony, evidence and argument as may be
pertinent to the charges or to their defense. The Board may
continue the hearing from time to time.
(Source: P.A. 87-1031; 88-424.)
(225 ILCS 75/19.2a new)
Sec. 19.2a. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the

HB2996 Enrolled - 40 - LRB098 10815 MGM 41283 b
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or to a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 75/19.3) (from Ch. 111, par. 3722)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.3. Record of proceedings. The department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue or
renew, or the taking of disciplinary action against, a license.
The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board and orders of the Department, shall be the record of such
proceedings. Any licensee who is found to have violated this
Act or who fails to appear for a hearing to refuse to issue,
restore, or renew a license or to discipline a licensee may be
required by the Department to pay for the costs of the
proceeding. These costs are limited to costs for court

HB2996 Enrolled - 41 - LRB098 10815 MGM 41283 b
reporters, transcripts, and witness attendance and mileage
fees. All costs imposed under this Section shall be paid within
60 days after the effective date of the order imposing the
fine.
(Source: P.A. 83-696.)
(225 ILCS 75/19.4) (from Ch. 111, par. 3723)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.4. Subpoenas; oaths. The Department may shall have
the power to subpoena and bring before it any person in this
State and to take the oral or written testimony or compel the
production of any books, papers, records, or any other
documents that the Secretary or his or her designee deems
relevant or material to an investigation or hearing conducted
by the Department either orally or by deposition, or both, with
the same fees and mileage and in the same manner as prescribed
by law in judicial procedure in civil cases in courts of this
State.
The Secretary Director, the designated hearing officer,
any and every member of the Board, or a certified shorthand
court reporter may shall have power to administer oaths to
witness at any hearing which the Department conducts. is
authorized by law to conduct, and any other oaths required or
authorized in any Act administered by the Department.
Notwithstanding any other statute or Department rule to the
contrary, all requests for testimony or production of documents

HB2996 Enrolled - 42 - LRB098 10815 MGM 41283 b
or records shall be in accordance with this Act.
(Source: P.A. 83-696.)
(225 ILCS 75/19.5) (from Ch. 111, par. 3724)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.5. Attendance of witnesses; contempt. Any circuit
court may, upon application of the Department or its designee,
or the applicant or licensee, may against whom proceedings
under Section 19 are pending, enter an order requiring the
attendance and testimony of witnesses and their testimony, and
the production of relevant documents, papers, files, books, and
records in connection with any hearing or investigation. The
court may compel obedience to its order by proceedings for
contempt.
(Source: P.A. 83-696.)
(225 ILCS 75/19.6) (from Ch. 111, par. 3725)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.6. Findings of Board. At the conclusion of the
hearing the Board shall present to the Secretary Director a
written report of its findings of fact, conclusions of law, and
recommendations. The report shall contain a finding whether or
not the accused person violated this Act or failed to comply
with the conditions required in this Act. The Board shall
specify the nature of the violation or failure to comply, and
shall make its recommendations to the Secretary Director. The

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report of findings of fact, conclusions of law and
recommendations of the Board may be the basis for the
Department's order for refusing to issue, restore, or renew a
license or otherwise disciplining a licensee. action regarding
a certificate. If the Secretary Director disagrees in any
regard with the report of the Board he may issue an order in
contravention thereof. The Director shall provide to the Board
a written explanation for any deviation and shall specify with
particularity the reasons for such action in the final order.
The finding is not admissible in evidence against the person in
a criminal prosecution brought for the violation of this Act,
but the hearing and findings are not a bar to a criminal
prosecution brought for the violation of this Act.
(Source: P.A. 88-424.)
(225 ILCS 75/19.7) (from Ch. 111, par. 3726)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.7. Report of Board; motion for rehearing. In any
case involving the refusal to issue or renew, or the taking of
disciplinary action against, a license, a copy of the Board's
report shall be served upon the respondent by the Department as
provided in this Act for the service of the notice of hearing.
Within 20 days after such service, the respondent may present
to the Department a motion in writing for a rehearing, which
motion shall specify the particular grounds therefor. If no
motion for rehearing is filed, then upon the expiration of the

HB2996 Enrolled - 44 - LRB098 10815 MGM 41283 b
time specified for filing such a motion, or if a motion for
rehearing is denied, then upon such denial the Secretary
Director may enter an order in accordance with recommendations
of the Board except as provided in Section 19.6. If the
respondent shall order from the reporting service, and pays pay
for a transcript of the record within the time for filing a
motion for rehearing, the 20 day period within which such a
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 83-696.)
(225 ILCS 75/19.8) (from Ch. 111, par. 3727)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.8. Rehearing. Whenever the Secretary Director is
satisfied that substantial justice has not been done in the
revocation or suspension of, or the refusal to issue or renew,
a license, the Secretary Director may order a rehearing by the
Board or a designated hearing officer.
(Source: P.A. 83-696.)
(225 ILCS 75/19.9) (from Ch. 111, par. 3728)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.9. Appointment of hearing officer. The Secretary
Notwithstanding the provisions of Section 19.2, the Director
shall have the authority to appoint any attorney duly licensed
to practice law in the State of Illinois to serve as the

HB2996 Enrolled - 45 - LRB098 10815 MGM 41283 b
hearing officer in any action involving a refusal to issue or
renew, or the taking of disciplinary action against a license.
The Director shall notify the Board of such appointment. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his or her findings
of fact, conclusions of law and recommendations to the Board
and the Secretary Director. The Board shall have 60 days from
receipt of the report to review the report of the hearing
officer and present their findings of fact, conclusion of law
and recommendations to the Secretary Director. If the Board
fails to present its report within the 60 day period, the
Secretary Director may issue an order based on the report of
the hearing officer. If the Secretary Director disagrees in any
regard with the report of the Board or hearing officer, then
the Secretary he may issue an order in contravention thereof.
The Director shall provide to the Board a written explanation
for any deviation, and shall specify with particularity the
reasons for such action in the final order.
(Source: P.A. 88-424.)
(225 ILCS 75/19.10) (from Ch. 111, par. 3729)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.10. Order or certified copy; prima facie proof. An
order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary
Director, shall be prima facie proof that:

HB2996 Enrolled - 46 - LRB098 10815 MGM 41283 b
(1) the signature is the genuine signature of the
Secretary Director; and
(2) the Secretary Director is duly appointed and
qualified. ; and
(3) the Board and the members thereof are qualified to
act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 75/19.11) (from Ch. 111, par. 3730)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.11. Restoration of license from discipline. At any
time after successful completion of a term of indefinite
probation, suspension, or revocation of a license, the
Department may restore the license to the licensee, unless,
after an investigation and a hearing, the Secretary determines
that restoration is not in the public interest or that the
licensee has not been sufficiently rehabilitated to warrant the
public trust. No person or entity whose license, certificate,
or authority has been revoked as authorized in this Act may
apply for restoration of that license, certification, or
authority until such time as provided for in the Civil
Administrative Code of Illinois. the suspension or revocation
of any license, the Department may restore it to the accused
person, upon the written recommendation of the Board, unless
after an investigation and a hearing, the Department determines
that restoration is not in the public interest.

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(Source: P.A. 83-696.)
(225 ILCS 75/19.13) (from Ch. 111, par. 3732)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.13. Summary suspension pending hearing. The
Secretary Director may summarily temporarily suspend a license
issued under this Act without a hearing, simultaneously with
the institution of proceedings for a hearing provided for in
Section 19.2 of this Act, if the Secretary Director finds that
the evidence in his possession indicates that an occupational
therapist's or occupational therapy assistant's continuation
in practice would constitute an imminent danger to the public.
In the event that the Secretary Director summarily temporarily
suspends a license without a hearing, a hearing by the Board
must be commenced held within 30 days after such suspension has
occurred and shall be concluded as expeditiously as possible.
(Source: P.A. 83-696.)
(225 ILCS 75/19.15) (from Ch. 111, par. 3734)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.15. Certification of record. The Department shall
not be required to certify any record to the court or file any
answer in court or otherwise appear in any court in a judicial
review proceeding, unless and until the Department has received
from the plaintiff there is filed in the court, with the
complaint, a receipt from the Department acknowledging payment

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of the costs of furnishing and certifying the record, which
costs shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff to
file a receipt in court shall be grounds for dismissal of the
action.
(Source: P.A. 87-1031.)
(225 ILCS 75/19.16) (from Ch. 111, par. 3735)
(Section scheduled to be repealed on January 1, 2014)
Sec. 19.16. Criminal penalties. Any person who is found to
have violated knowingly violates any provision of this Act is
guilty of a Class A misdemeanor for the first offense. On
conviction of a second or subsequent offense the violator shall
be guilty of a Class 4 felony.
(Source: P.A. 83-696.)
(225 ILCS 75/20) (from Ch. 111, par. 3736)
(Section scheduled to be repealed on January 1, 2014)
Sec. 20. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the certificate
holder has the right to show compliance with all lawful
requirements for retention, continuation or renewal of

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certification is specifically excluded. For the purpose of this
Act the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of record of a party.
(Source: P.A. 88-45.)
(225 ILCS 75/21) (from Ch. 111, par. 3737)
(Section scheduled to be repealed on January 1, 2014)
Sec. 21. Home rule. The regulation and licensing as a
occupational therapist are exclusive powers and functions of
the State. A home rule unit may not regulate or license an
occupational therapist or the practice of occupational
therapy. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution. It is declared to be
the public policy of this State, pursuant to paragraphs (h) and
(i) of Section 6 of Article VII of the Illinois Constitution of
1970, that any power or function set forth in this Act to be
exercised by the State is an exclusive State power or function.
Such power or function shall not be exercised concurrently,
either directly or indirectly, by any unit of local government,
including home rule units, except as otherwise provided in this
Act.
(Source: P.A. 83-696.)
(225 ILCS 75/10 rep.)

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Section 15. The Illinois Occupational Therapy Practice Act
is amended by repealing Section 10.