Public Act 098-0264

HB2996 Enrolled LRB098 10815 MGM 41283 b

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 Acts and Section repealed on January 1, 2014.

The following Acts and Section of an Act are repealed on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 Act repealed on January 1, 2024.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

Act is repealed on January 1, 2024: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(Section scheduled to be repealed on January 1, 2014)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

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;

(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

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;

(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

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

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

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

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.

(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

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.

(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)

(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

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.

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

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.

(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,

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

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

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.

(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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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:

(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.

(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

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

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.)

Section 15. The Illinois Occupational Therapy Practice Act

is amended by repealing Section 10.