Bill Title: Amends the Illinois Athletic Trainers Practice Act. Makes changes in provisions concerning definitions, including the definition of "licensed athletic trainer" and "referral". Changes "athletic trainer aide" to "aide". Defines "athlete", "physician assistant", and "advanced practice registered nurse". Provides that an applicant for endorsement who has practiced for 10 consecutive years in another jurisdiction shall meet the requirements for licensure by endorsement upon filing an application on forms provided by the Department of Financial and Professional Regulation, paying the required fee, and showing proof of licensure in another jurisdiction for at least 10 consecutive years without discipline by certified verification of licensure from the jurisdiction in which the applicant practiced. Provides that the Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action the Department may deem proper with regard to any licensee for: failing to provide a monthly report on the patient's progress to the referring physician, physician assistant, advanced practice registered nurse, podiatric physician, or dentist; violating the Health Care Worker Self-Referral Act; or failure of the supervising athletic trainer of an aide to maintain contact to ensure the safety and welfare of an athlete. Makes other changes.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0940
[HB4629 Detail]Download: Illinois-2021-HB4629-Chaptered.html
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| Public Act 102-0940
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| HB4629 Enrolled | LRB102 22345 SPS 31482 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Athletic Trainers Practice Act is |
amended by changing Sections 3, 4, 13, and 16 as follows:
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(225 ILCS 5/3) (from Ch. 111, par. 7603)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 3. Definitions. As used in this Act:
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(1) "Department" means the Department of Financial and |
Professional Regulation.
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(2) "Secretary" means the Secretary of Financial and |
Professional Regulation.
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(3) "Board" means the Illinois Board of Athletic Trainers |
appointed by the Secretary.
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(4) "Licensed
athletic trainer" means a person licensed to
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practice athletic training as defined in this Act and with the |
specific
qualifications set forth in Section 9 of this Act |
who, upon
the
direction or consultation of a his or her team |
physician or consulting
physician,
carries out the practice of |
evaluation, prevention or emergency prevention/emergency care, |
or
physical
reconditioning of injuries incurred by athletes |
participating in
an athletic program conducted by an |
educational institution,
professional athletic organization, |
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or sanctioned amateur athletic
organization, performing arts |
setting, clinical setting, or employment setting employing the |
athletic trainer; or a person who, under the
direction of a |
physician, carries out comparable functions for a health
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organization-based extramural program of athletic training |
services for
athletes. Specific duties of the athletic trainer |
include, but are not limited
to:
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A. Supervision of the selection, fitting, and |
maintenance of
protective
equipment;
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B. Provision of assistance to the coaching staff in |
the development and
implementation of conditioning |
programs;
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C. Counseling of athletes on nutrition and hygiene;
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D. Supervision of athletic training facility and |
inspection of playing
facilities;
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E. Selection and maintenance of athletic training |
equipment and supplies;
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F. (Blank); Instruction and supervision of student |
trainer staff;
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G. Coordination with a team physician to provide:
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(i) pre-competition physical exam and health |
history updates,
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(ii) game coverage or phone access to a physician |
or
paramedic,
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(iii) follow-up injury care,
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(iv) reconditioning programs, and
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(v) assistance on all matters pertaining to the |
health and
well-being of athletes; .
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H. Provision of on-site injury care and evaluation as |
well as
appropriate transportation, follow-up treatment |
and reconditioning rehabilitation as
necessary for all |
injuries sustained by athletes in the program;
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I. With a physician, determination of when an athlete |
may safely
return to
full participation post-injury; and
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J. Maintenance of complete and accurate records of all |
athlete athletic injuries
and treatments rendered; and .
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K. Written reports to a referring individual every 30 |
days services are provided. |
To carry out these functions the athletic trainer is |
authorized to
utilize modalities, including, but not limited |
to, heat, light, sound, cold, electricity, exercise,
or |
mechanical devices related to
care and reconditioning. An |
athletic trainer may also carry out these functions upon |
receiving a referral. A licensed athletic trainer shall use |
"LAT" or "L.A.T." in connection with the athletic trainer's |
name to denote licensure under this Act.
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(5) "Referral" means the written authorization for |
athletic trainer services as provided in paragraph (4) |
guidance and direction
given by a the physician, physician |
assistant, advanced practice registered nurse, podiatric |
physician, or dentist, who shall maintain medical supervision |
of the athlete and makes a diagnosis or verifies that the |
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patient's condition is such that it may be treated by an |
athletic trainer.
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(6) "Aide" Athletic trainer aide" means a person who has |
received on-the-job training specific to the facility in which |
he or she is employed, on either a paid or volunteer basis, but |
is not enrolled in an accredited athletic training curriculum.
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(7) "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. |
(8) "Board of Certification" means the Board of |
Certification for the Athletic Trainer. |
(9) "Athlete" means a person participating in an activity |
that requires a level of strength, endurance, flexibility, |
range of motion, speed, or agility which may include exercise, |
sports, recreation, wellness, or employment activity. |
(10) "Physician assistant" means a physician assistant |
licensed to practice under the Physician Assistant Practice |
Act of 1987 in accordance with a written collaborative |
agreement with a physician licensed to practice medicine in |
all of its branches. |
(11) "Advanced practice registered nurse" means an |
advanced practice registered nurse licensed to practice under |
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the Nurse Practice Act. |
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/4) (from Ch. 111, par. 7604)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 4. Licensure; exempt activities. No
person
shall |
provide any of the services set forth in subsection (4) of |
Section 3
of this Act, or use the title "athletic trainer" or
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"certified athletic trainer" or "athletic trainer certified" |
or "licensed athletic trainer" or the letters "LAT", "L.A.T.",
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"A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or
"I.A.T.L." after the |
athletic trainer's his or her name, unless licensed
under this |
Act.
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Nothing in this Act shall be construed as preventing or |
restricting the
practice, services, or activities of:
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(1) Any person licensed or registered in this State by |
any other law
from engaging in the profession or |
occupation for which he or she is
licensed or
registered.
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(2) Any person employed as an athletic trainer by the |
Government of the
United States, if such person provides |
athletic training solely under the
direction or control of |
the organization by which he or she is employed.
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(3) Any person pursuing a course of study leading to a |
degree or
certificate in athletic training at an |
accredited educational
program if such activities and |
services constitute a part of a supervised
course of study |
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involving daily personal or verbal contact at the site of |
supervision between the athletic training student and the |
licensed athletic trainer who plans, directs, advises, and |
evaluates the student's athletic training clinical |
education. The supervising licensed athletic trainer must |
be on-site where the athletic training clinical education |
is being obtained.
A person meeting the criteria under |
this paragraph (3) must be designated by a title which |
clearly
indicates his or her status as a student or
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trainee.
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(4) (Blank).
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(5) The practice of athletic training under the |
supervision of a licensed athletic trainer by one who has |
applied in writing
to the Department for
licensure and has |
complied with all the provisions
of Section 9 except the |
passing of the examination to be eligible to receive
such |
license. This temporary right to act as an athletic |
trainer shall expire 3 months after the filing of his or |
her written application to the Department; when the |
applicant has been notified of his or her failure to pass |
the examination authorized by the Department; when the |
applicant has withdrawn his or her application; when the |
applicant has received a license from the Department after |
successfully passing the examination authorized by the |
Department; or when the applicant has been notified by the |
Department to cease and desist from practicing, whichever |
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occurs first. This provision shall not apply to an |
applicant who has previously failed the examination.
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(6) Any person in a coaching position from rendering |
emergency care on an
as
needed basis to the athletes under |
his or her supervision when a licensed athletic trainer is |
not available.
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(7) Any person who is an athletic trainer from another |
state or territory of the United States or another nation, |
state, or
territory
acting as an athletic trainer while |
performing
his or her duties for his or her respective |
non-Illinois based team or
organization, so long as he or |
she restricts his or her duties to his
or her team or |
organization during the course of his or her team's or
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organization's stay in this State. For the purposes of |
this Act, a team shall be considered based in Illinois if |
its home contests are held in Illinois, regardless of the |
location of the team's administrative offices.
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(8) The practice of athletic training by persons |
licensed in another state who have applied in writing to |
the Department for licensure by endorsement. This |
temporary right to act as an athletic trainer shall expire |
6 months after the filing of his or her written |
application to the Department; upon the withdrawal of the |
application for licensure under this Act; upon delivery of |
a notice of intent to deny the application from the |
Department; or upon the denial of the application by the |
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Department, whichever occurs first. |
(9) The practice of athletic training by one who has |
applied in writing to the Department for licensure and has |
complied with all the provisions of Section 9. This |
temporary right to act as an athletic trainer shall expire |
6 months after the filing of his or her written |
application to the Department; upon the withdrawal of the |
application for licensure under this Act; upon delivery of |
a notice of intent to deny the application from the |
Department; or upon the denial of the application by the |
Department, whichever occurs first. |
(10) The practice of athletic training by persons |
actively licensed as an athletic trainer in another state |
or territory of the United States or another country, or |
currently certified by the Board of Certification, or its |
successor entity, at a special athletic tournament or |
event conducted by a sanctioned amateur athletic |
organization, including, but not limited to, the Prairie |
State Games and the Special Olympics, for no more than 14 |
days. This shall not include contests or events that are |
part of a scheduled series of regular season events. |
(11) Aides Athletic trainer aides from performing |
patient care activities under the on-site supervision of a |
licensed athletic trainer. These patient care activities |
shall not include interpretation of referrals or |
evaluation procedures, planning or major modifications of |
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patient programs, administration of medication, or solo |
practice or event coverage without immediate access to a |
licensed athletic trainer.
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(12) Persons or entities practicing the specified |
occupations set forth in subsection (a) of, and pursuant |
to a licensing exemption granted in subsection (b) or (d) |
of, Section 2105-350 of the Department of Professional |
Regulation Law of the Civil Administrative Code of |
Illinois, but only for so long as the 2016 Olympic and |
Paralympic Games Professional Licensure Exemption Law is |
operable. |
(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/13) (from Ch. 111, par. 7613)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 13. Endorsement. The Department may, at its |
discretion, license as an athletic trainer, without |
examination, on payment of the required
fee, an
applicant for |
licensure who is an athletic trainer
registered or licensed |
under the laws of another jurisdiction if the requirements
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pertaining to
athletic trainers in such jurisdiction were at |
the date of his or her registration
or licensure substantially |
equal to the requirements in force in Illinois on
that date or |
equivalent to the requirements of this Act.
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An applicant for endorsement who has practiced for 10 |
consecutive years in another jurisdiction shall meet the |
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requirements for licensure by endorsement upon filing an |
application on forms provided by the Department, paying the |
required fee, and showing proof of licensure in another |
jurisdiction for at least 10 consecutive years without |
discipline by certified verification of licensure from the |
jurisdiction in which the applicant practiced. |
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 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.
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(Source: P.A. 99-469, eff. 8-26-15.)
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(225 ILCS 5/16) (from Ch. 111, par. 7616)
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(Section scheduled to be repealed on January 1, 2026)
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Sec. 16. Grounds for discipline. |
(1) The
Department may refuse to issue or renew, or may |
revoke, suspend,
place on probation, reprimand, or take other |
disciplinary
action as the Department may deem proper, |
including fines not to exceed $10,000
for each violation, with |
regard to any licensee for any one or
combination of the |
following:
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(A) Material misstatement in furnishing information to |
the
Department;
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(B) Violations of this Act, or of
the rules or |
regulations promulgated hereunder;
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(C) Conviction of or plea of guilty to any crime under |
the Criminal Code of 2012 or the laws of any jurisdiction |
of the United States that is (i) a felony, (ii) a
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misdemeanor, an essential element of which is dishonesty, |
or (iii) of any crime
that is
directly related to the |
practice of the profession;
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(D) Fraud or 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;
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(E) Professional incompetence or gross negligence;
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(F) Malpractice;
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(G) Aiding or assisting another person, firm, |
partnership, or corporation in violating any provision of |
this
Act or rules;
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(H) Failing, within 60 days, to provide information in |
response to a written
request made by the Department;
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(I) Engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud or harm the public;
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(J) 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;
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(K) Discipline by another state, unit of government, |
government agency, the District of Columbia, territory, or |
foreign
nation, if at least one of the grounds for the |
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discipline is the same
or substantially equivalent to |
those set forth herein;
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(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 in this subparagraph (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. Nothing in this |
subparagraph (L) shall be construed to require an |
employment arrangement to receive professional fees for |
services rendered;
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(M) A finding by the Department that the
licensee |
after having his or her license disciplined has violated |
the terms of probation;
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(N) Abandonment of an athlete;
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(O) Willfully making or filing false records or |
reports in his or her
practice, including but not limited |
to false records filed with State agencies
or
departments;
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(P) Willfully failing to report an instance of |
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suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting
Act;
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(Q) Physical illness, including but not limited to |
deterioration
through
the aging process, or loss of motor |
skill that results in the
inability to practice the |
profession with reasonable judgment, skill, or
safety;
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(R) Solicitation of professional services other than |
by permitted
institutional policy;
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(S) The use of any words, abbreviations, figures or |
letters with the
intention of indicating practice as an |
athletic trainer without a valid
license as an athletic |
trainer under this Act;
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(T) The evaluation or treatment of ailments of human |
beings other than by the practice of athletic training as |
defined in this Act or the treatment of injuries of |
athletes by a licensed
athletic trainer except by the |
referral of a physician, physician assistant, advanced |
practice registered nurse, podiatric physician,
or |
dentist;
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(U) Willfully violating or knowingly assisting in the |
violation of any
law of this State relating to the use of |
habit-forming drugs;
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(V) Willfully violating or knowingly assisting in the |
violation of any
law
of this State relating to the |
practice of abortion;
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(W) Continued practice by a person knowingly having an |
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infectious
communicable or contagious disease;
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(X) 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;
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(X-5) Failure to provide a monthly report on the |
patient's progress to the referring physician, physician |
assistant, advanced practice registered nurse, podiatric |
physician, or dentist; |
(Y) (Blank);
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(Z) Failure to fulfill continuing education |
requirements;
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(AA) Allowing one's license under this Act to be used |
by an unlicensed person in violation of this Act; |
(BB) Practicing under a false or, except as provided |
by law, assumed name; |
(CC) Promotion of the sale of drugs, devices, |
appliances, or goods provided in any manner to exploit the |
client for the financial gain of the licensee; |
(DD) Gross, willful, or continued overcharging for |
professional services; |
(EE) Mental illness or disability that results in the |
inability to practice under this Act with reasonable |
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judgment, skill, or safety; or |
(FF) Cheating on or attempting to subvert the |
licensing examination administered under this Act; . |
(GG) Violation of the Health Care Worker Self-Referral |
Act; or |
(HH) Failure by a supervising athletic trainer of an |
aide to maintain contact, including personal supervision |
and instruction, to ensure the safety and welfare of an |
athlete. |
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. |
(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 licensee is no |
longer subject to involuntary admission or judicial
admission |
and issuance of an order so finding and discharging the |
licensee.
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(3) The Department may refuse to issue or may suspend |
without hearing, as provided for in the Code of Civil |
Procedure, 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 |
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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. |
(4) 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 |
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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 |
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her own expense, another physician of his or her choice |
present during all aspects of the examination. |
Failure of any individual to submit to a 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 who 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. |
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(5) (Blank). |
(6) 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. 99-469, eff. 8-26-15; 100-872, eff. 8-14-18.)
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