Bill Text: IL HB4478 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Physical Therapy Act. Provides that a licensed physical therapist may provide physical therapy without a referral only if the physical therapist is at least 21 years of age and holds a master or doctorate degree or has completed at least 2 years of practical experience as a licensed physical therapist. Provides that a physical therapist shall refer a patient to a physician, dentist, advanced practice nurse, physician assistant, or podiatrist if the physical therapist has (i) reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy or (ii) provided physical therapy treatment and upon examination or reexamination the same condition that the person sought physical therapy does not demonstrate objective, measurable, functional improvement within a period of 90 consecutive days. Removes having treated ailments of human beings as a licensed physical therapist independent of a documented referral or a documented current and relevant diagnosis from a physician, dentist, advanced practice nurse, physician assistant, or podiatrist, and having failed to notify the physician, dentist, advanced practice nurse, physician assistant, or podiatrist who established a documented current and relevant diagnosis that the patient is receiving physical therapy pursuant to that diagnosis from the list of occurrences upon which the Department of Financial and Professional Regulation may base the decision to take disciplinary action. Effective immediately.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4478 Detail]

Download: Illinois-2011-HB4478-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4478 Introduced , by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED:
225 ILCS 90/8.6 new
225 ILCS 90/17 from Ch. 111, par. 4267
Amends the Illinois Physical Therapy Act. Provides that a licensed physical therapist may provide physical therapy without a referral only if the physical therapist is at least 21 years of age and holds a master or doctorate degree or has completed at least 2 years of practical experience as a licensed physical therapist. Provides that a physical therapist shall refer a patient to a physician, dentist, advanced practice nurse, physician assistant, or podiatrist if the physical therapist has (i) reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy or (ii) provided physical therapy treatment and upon examination or reexamination the same condition that the person sought physical therapy does not demonstrate objective, measurable, functional improvement within a period of 90 consecutive days. Removes having treated ailments of human beings as a licensed physical therapist independent of a documented referral or a documented current and relevant diagnosis from a physician, dentist, advanced practice nurse, physician assistant, or podiatrist, and having failed to notify the physician, dentist, advanced practice nurse, physician assistant, or podiatrist who established a documented current and relevant diagnosis that the patient is receiving physical therapy pursuant to that diagnosis from the list of occurrences upon which the Department of Financial and Professional Regulation may base the decision to take disciplinary action. Effective immediately.
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A BILL FOR
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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 Illinois Physical Therapy Act is amended by
changing Section 17 and by adding Section 8.6 as follows:
(225 ILCS 90/8.6 new)
Sec. 8.6. Physical therapy services without a referral.
(a) In addition to the requirements of Section 8.1 and
subject to the scope of practice limitations of this Act, a
licensed physical therapist may provide physical therapy
services without a referral from a physician, dentist, advanced
practice nurse, physician assistant, or podiatrist only if the
physical therapist is at least 21 years of age and holds a
master or doctorate degree or has completed at least 2 years of
practical experience as a licensed physical therapist.
(b) A physical therapist shall refer a patient to a
physician, dentist, advanced practice nurse, physician
assistant, or podiatrist if the physical therapist has (i)
reasonable cause to believe that symptoms or conditions are
present that require services beyond the scope of the practice
of physical therapy or (ii) provided physical therapy treatment
and upon examination or reexamination the same condition that
the person sought physical therapy does not demonstrate

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objective, measurable, functional improvement within a period
of 90 consecutive days.
(225 ILCS 90/17) (from Ch. 111, par. 4267)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17. (1) The Department may refuse to issue or to
renew, or may revoke, suspend, place on probation, reprimand,
or take other disciplinary action as the Department deems
appropriate, including the issuance of fines not to exceed
$5000, with regard to a license for any one or a combination of
the following:
A. Material misstatement in furnishing information to
the Department or otherwise making misleading, deceptive,
untrue, or fraudulent representations in violation of this
Act or otherwise in the practice of the profession;
B. Violations of this Act, or of the rules or
regulations promulgated hereunder;
C. Conviction 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 the profession; conviction, as used in this
paragraph, shall include a finding or verdict of guilty, an
admission of guilt or a plea of nolo contendere;
D. Making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act

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or the rules promulgated thereunder pertaining to
advertising;
E. A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act;
F. Aiding or assisting another person in violating any
provision of this Act or Rules;
G. Failing, within 60 days, to provide information in
response to a written request made by the Department;
H. Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public. Unprofessional conduct shall
include any departure from or the failure to conform to the
minimal standards of acceptable and prevailing physical
therapy practice, in which proceeding actual injury to a
patient need not be established;
I. Unlawful distribution of any drug or narcotic, or
unlawful conversion of any drug or narcotic not belonging
to the person for such person's own use or benefit or for
other than medically accepted therapeutic purposes;
J. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
which results in a physical therapist's or physical
therapist assistant's inability to practice with
reasonable judgment, skill or safety;
K. Revocation or suspension of a license to practice

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physical therapy as a physical therapist or physical
therapist assistant or the taking of other disciplinary
action by the proper licensing authority of another state,
territory or country;
L. 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 any professional services not actually or personally
rendered. Nothing contained in this paragraph prohibits
persons holding valid and current licenses under this Act
from practicing physical therapy in partnership under a
partnership agreement, including a limited liability
partnership, a limited liability company, or a corporation
under the Professional Service Corporation Act or from
pooling, sharing, dividing, or apportioning the fees and
monies received by them or by the partnership, company, or
corporation in accordance with the partnership agreement
or the policies of the company or professional corporation.
Nothing in this paragraph (L) 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.

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Nothing in this paragraph (L) shall be construed to require
an employment arrangement to receive professional fees for
services rendered;
M. A finding by the Board that the licensee after
having his or her license placed on probationary status has
violated the terms of probation;
N. Abandonment of a patient;
O. Willfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
P. Willfully failing to report an instance of suspected
elder abuse or neglect as required by the Elder Abuse
Reporting Act;
Q. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgement, skill or safety;
R. The use of any words (such as physical therapy,
physical therapist physiotherapy or physiotherapist),
abbreviations, figures or letters with the intention of
indicating practice as a licensed physical therapist
without a valid license as a physical therapist issued
under this Act;
S. The use of the term physical therapist assistant, or
abbreviations, figures, or letters with the intention of
indicating practice as a physical therapist assistant

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without a valid license as a physical therapist assistant
issued under this Act;
T. Willfully violating or knowingly assisting in the
violation of any law of this State relating to the practice
of abortion;
U. Continued practice by a person knowingly having an
infectious, communicable or contagious disease;
V. Having treated ailments of human beings otherwise
than by the practice of physical therapy as defined in this
Act, or having treated ailments of human beings as a
licensed physical therapist independent of a documented
referral or a documented current and relevant diagnosis
from a physician, dentist, advanced practice nurse,
physician assistant, or podiatrist, or having failed to
notify the physician, dentist, advanced practice nurse,
physician assistant, or podiatrist who established a
documented current and relevant diagnosis that the patient
is receiving physical therapy pursuant to that diagnosis;
W. Being named as a perpetrator in an indicated report
by the Department of Children and Family Services pursuant
to the Abused and Neglected Child Reporting Act, and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or neglected child
as defined in the Abused and Neglected Child Reporting Act;
X. Interpretation of referrals, performance of
evaluation procedures, planning or making major

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modifications of patient programs by a physical therapist
assistant;
Y. Failure by a physical therapist assistant and
supervising physical therapist to maintain continued
contact, including periodic personal supervision and
instruction, to insure safety and welfare of patients;
Z. Violation of the Health Care Worker Self-Referral
Act.
(2) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code 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 the issuance of an order so finding and discharging the
patient; and upon the recommendation of the Board to the
Director that the licensee be allowed to resume his practice.
(3) The Department may refuse to issue or may suspend the
license of any person who fails 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.
(Source: P.A. 96-1482, eff. 11-29-10.)
Section 99. Effective date. This Act takes effect upon

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becoming law.