Bill Text: IL HB4643 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Physical Therapy Act. Provides that the limitation on determining a differential diagnosis shall not in any manner limit a physical therapist from establishing a relevant diagnosis. In the definition of "documented current and relevant diagnosis" and in provisions concerning disciplinary actions, removes language requiring a diagnosis to be substantiated by a physician, dentist, advanced practice registered nurse, physician assistant, or podiatric physician. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 23-15)
Status: (Passed) 2018-08-16 - Public Act . . . . . . . . . 100-0897 [HB4643 Detail]
Download: Illinois-2017-HB4643-Enrolled.html
Bill Title: Amends the Illinois Physical Therapy Act. Provides that the limitation on determining a differential diagnosis shall not in any manner limit a physical therapist from establishing a relevant diagnosis. In the definition of "documented current and relevant diagnosis" and in provisions concerning disciplinary actions, removes language requiring a diagnosis to be substantiated by a physician, dentist, advanced practice registered nurse, physician assistant, or podiatric physician. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 23-15)
Status: (Passed) 2018-08-16 - Public Act . . . . . . . . . 100-0897 [HB4643 Detail]
Download: Illinois-2017-HB4643-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Physical Therapy Act is amended by | ||||||
5 | changing Sections 1 and 17 and by adding Section 1.2 as | ||||||
6 | follows:
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7 | (225 ILCS 90/1) (from Ch. 111, par. 4251)
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8 | (Section scheduled to be repealed on January 1, 2026)
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9 | Sec. 1. Definitions. As used in this Act:
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10 | (1) "Physical therapy" means all of the following: | ||||||
11 | (A) Examining, evaluating, and testing individuals who | ||||||
12 | may have mechanical, physiological, or developmental | ||||||
13 | impairments, functional limitations, disabilities, or | ||||||
14 | other health and movement-related conditions, classifying | ||||||
15 | these disorders, determining a rehabilitation prognosis | ||||||
16 | and plan of therapeutic intervention, and assessing the | ||||||
17 | ongoing on-going effects of the interventions. | ||||||
18 | (B) Alleviating impairments, functional limitations, | ||||||
19 | or disabilities by designing, implementing, and modifying | ||||||
20 | therapeutic interventions that may include, but are not | ||||||
21 | limited to, the evaluation or treatment of a person through | ||||||
22 | the use of the effective properties of physical measures | ||||||
23 | and heat, cold, light, water, radiant energy, electricity, |
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1 | sound, and air and use of therapeutic massage, therapeutic | ||||||
2 | exercise, mobilization, and rehabilitative procedures, | ||||||
3 | with or without assistive devices, for the purposes of | ||||||
4 | preventing, correcting, or alleviating a physical or | ||||||
5 | mental impairment, functional limitation, or disability. | ||||||
6 | (C) Reducing the risk of injury, impairment, | ||||||
7 | functional limitation, or disability, including the | ||||||
8 | promotion and maintenance of fitness, health, and | ||||||
9 | wellness. | ||||||
10 | (D) Engaging in administration, consultation, | ||||||
11 | education, and research.
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12 | "Physical therapy"
includes, but is not limited to: (a) | ||||||
13 | performance
of specialized tests and measurements, (b) | ||||||
14 | administration of specialized
treatment procedures, (c) | ||||||
15 | interpretation of referrals from physicians, dentists, | ||||||
16 | advanced practice registered nurses, physician assistants,
and | ||||||
17 | podiatric physicians, (d) establishment, and modification of | ||||||
18 | physical therapy
treatment programs, (e) administration of | ||||||
19 | topical medication used in generally
accepted physical therapy | ||||||
20 | procedures when such medication is either prescribed
by the | ||||||
21 | patient's physician, licensed to practice medicine in all its | ||||||
22 | branches,
the patient's physician licensed to practice | ||||||
23 | podiatric medicine, the patient's advanced practice registered | ||||||
24 | nurse, the patient's physician assistant, or the
patient's | ||||||
25 | dentist or used following the physician's orders or written | ||||||
26 | instructions, (f) supervision or teaching of physical therapy, |
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1 | and (g) dry needling in accordance with Section 1.5.
" Physical | ||||||
2 | therapy " does not include radiology, electrosurgery, | ||||||
3 | chiropractic
technique or determination of a differential
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4 | diagnosis; provided, however,
the limitation on determining a | ||||||
5 | differential diagnosis shall not in any
manner limit a physical | ||||||
6 | therapist licensed under this Act from performing
an evaluation | ||||||
7 | and establishing a physical therapy treatment plan pursuant to | ||||||
8 | such license. Nothing in this Section shall limit
a physical | ||||||
9 | therapist from employing appropriate physical therapy | ||||||
10 | techniques
that he or she is educated and licensed to perform. | ||||||
11 | A physical therapist
shall refer to a licensed physician, | ||||||
12 | advanced practice registered nurse, physician assistant, | ||||||
13 | dentist, podiatric physician, other physical therapist, or | ||||||
14 | other health care provider any patient
whose medical condition | ||||||
15 | should, at the time of evaluation or treatment, be
determined | ||||||
16 | to be beyond the scope of practice of the physical therapist.
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17 | (2) "Physical therapist" means a person who practices | ||||||
18 | physical therapy
and who has met all requirements as provided | ||||||
19 | in this Act.
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20 | (3) "Department" means the Department of Professional | ||||||
21 | Regulation.
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22 | (4) "Director" means the Director of Professional | ||||||
23 | Regulation.
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24 | (5) "Board" means the Physical Therapy Licensing and | ||||||
25 | Disciplinary Board approved
by the Director.
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26 | (6) "Referral" means a written or oral authorization for |
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1 | physical therapy services for a patient by a physician, | ||||||
2 | dentist, advanced practice registered nurse, physician | ||||||
3 | assistant, or podiatric physician who maintains medical | ||||||
4 | supervision of the patient and makes a diagnosis or verifies | ||||||
5 | that the patient's condition is such that it may be treated by | ||||||
6 | a physical therapist.
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7 | (7) (Blank). "Documented current and relevant diagnosis" | ||||||
8 | for the purpose of
this Act means a diagnosis, substantiated by | ||||||
9 | signature or oral verification
of a physician, dentist, | ||||||
10 | advanced practice registered nurse, physician assistant, or | ||||||
11 | podiatric physician, that a patient's condition is such
that it | ||||||
12 | may be treated by physical therapy as defined in this Act, | ||||||
13 | which
diagnosis shall remain in effect until changed by the | ||||||
14 | physician, dentist, advanced practice registered nurse, | ||||||
15 | physician assistant,
or podiatric physician.
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16 | (8) "State" includes:
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17 | (a) the states of the United States of America;
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18 | (b) the District of Columbia; and
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19 | (c) the Commonwealth of Puerto Rico.
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20 | (9) "Physical therapist assistant" means a person licensed | ||||||
21 | to assist a
physical therapist and who has met all requirements | ||||||
22 | as provided in this Act
and who works under the supervision of | ||||||
23 | a licensed physical therapist to assist
in implementing the | ||||||
24 | physical therapy treatment program as established by the
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25 | licensed physical therapist. The patient care activities | ||||||
26 | provided by the
physical therapist assistant shall not include |
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1 | the interpretation of referrals,
evaluation procedures, or the | ||||||
2 | planning or major modification of patient programs.
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3 | (10) "Physical therapy aide" means a person who has | ||||||
4 | received on
the job training, specific to the facility in which | ||||||
5 | he is employed.
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6 | (11) "Advanced practice registered nurse" means a person | ||||||
7 | licensed as an advanced practice registered nurse under the | ||||||
8 | Nurse Practice Act. | ||||||
9 | (12) "Physician assistant" means a person licensed under | ||||||
10 | the Physician Assistant Practice Act of 1987.
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11 | (13) "Health care professional" means a physician, | ||||||
12 | dentist, podiatric physician, advanced practice registered | ||||||
13 | nurse, or physician assistant. | ||||||
14 | (Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15; | ||||||
15 | 99-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff. | ||||||
16 | 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
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17 | (225 ILCS 90/1.2 new) | ||||||
18 | Sec. 1.2. Physical therapy services. | ||||||
19 | (a) A physical therapist may provide physical therapy | ||||||
20 | services to a patient with or without a referral from a health | ||||||
21 | care professional. | ||||||
22 | (b) A physical therapist providing services without a | ||||||
23 | referral from a health care professional must notify the | ||||||
24 | patient's treating health care professional within 5 business | ||||||
25 | days after the patient's first visit that the patient is |
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1 | receiving physical therapy. This does not apply to physical | ||||||
2 | therapy services related to fitness or wellness, unless the | ||||||
3 | patient presents with an ailment or injury. | ||||||
4 | (c) A physical therapist shall refer a patient to the | ||||||
5 | patient's treating health care professional of record or, in | ||||||
6 | the case where there is no health care professional of record, | ||||||
7 | to a health care professional of the patient's choice, if: | ||||||
8 | (1) the patient does not demonstrate measurable or | ||||||
9 | functional improvement after 10 visits or 15 business days, | ||||||
10 | whichever occurs first, and continued improvement | ||||||
11 | thereafter; | ||||||
12 | (2) the patient returns for services for the same or | ||||||
13 | similar condition after 30 calendar days of being | ||||||
14 | discharged by the physical therapist; or | ||||||
15 | (3) the patient's condition, at the time of evaluation | ||||||
16 | or services, is determined to be beyond the scope of | ||||||
17 | practice of the physical therapist. | ||||||
18 | (d) Wound debridement services may only be provided by a | ||||||
19 | physical therapist with written authorization from a health | ||||||
20 | care professional. | ||||||
21 | (e) A physical therapist shall promptly consult and | ||||||
22 | collaborate with the appropriate health care professional | ||||||
23 | anytime a patient's condition indicates that it may be related | ||||||
24 | to temporomandibular disorder so that a diagnosis can be made | ||||||
25 | by that health care professional for an appropriate treatment | ||||||
26 | plan.
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1 | (225 ILCS 90/17) (from Ch. 111, par. 4267)
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2 | (Section scheduled to be repealed on January 1, 2026)
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3 | Sec. 17. (1) The Department may refuse to issue or to | ||||||
4 | renew, or may
revoke, suspend, place on probation, reprimand, | ||||||
5 | or
take other disciplinary action as the Department deems | ||||||
6 | appropriate,
including the issuance of fines not to exceed | ||||||
7 | $5000, with regard to a
license for any one or a combination of | ||||||
8 | the following:
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9 | A. Material misstatement in furnishing information to | ||||||
10 | the Department
or otherwise making misleading, deceptive, | ||||||
11 | untrue, or fraudulent
representations in violation of this | ||||||
12 | Act or otherwise in the practice of
the profession;
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13 | B. Violations of this Act, or of
the rules or | ||||||
14 | regulations promulgated hereunder;
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15 | C. Conviction of any crime under the laws of the United | ||||||
16 | States or any
state or territory thereof which is a felony | ||||||
17 | or which is a misdemeanor,
an essential element of which is | ||||||
18 | dishonesty, or of any crime which is directly
related to | ||||||
19 | the practice of the profession; conviction, as used in this
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20 | paragraph, shall include a finding or verdict of guilty, an | ||||||
21 | admission of
guilt or a plea of nolo contendere;
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22 | D. Making any misrepresentation for the purpose of | ||||||
23 | obtaining licenses,
or violating any provision of this Act | ||||||
24 | or the rules promulgated thereunder
pertaining to | ||||||
25 | advertising;
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1 | E. A pattern of practice or other behavior which | ||||||
2 | demonstrates incapacity
or incompetency to practice under | ||||||
3 | this Act;
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4 | F. Aiding or assisting another person in violating any
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5 | provision of this Act or Rules;
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6 | G. Failing, within 60 days, to provide information in | ||||||
7 | response to a written
request made by the Department;
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8 | H. Engaging in dishonorable, unethical or | ||||||
9 | unprofessional conduct of a
character likely to deceive, | ||||||
10 | defraud or harm the public. Unprofessional
conduct shall | ||||||
11 | include any departure from or the failure to conform to the
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12 | minimal standards of acceptable and prevailing physical | ||||||
13 | therapy practice,
in which proceeding actual injury to a | ||||||
14 | patient need not be established;
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15 | I. Unlawful distribution of any drug or narcotic, or | ||||||
16 | unlawful
conversion of any drug or narcotic not belonging | ||||||
17 | to the person for such
person's own use or benefit or for | ||||||
18 | other than medically accepted
therapeutic purposes;
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19 | J. Habitual or excessive use or addiction to alcohol, | ||||||
20 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
21 | which results in a physical
therapist's or physical | ||||||
22 | therapist assistant's
inability to practice with | ||||||
23 | reasonable judgment, skill or safety;
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24 | K. Revocation or suspension of a license to practice | ||||||
25 | physical therapy
as a physical therapist or physical | ||||||
26 | therapist assistant or the taking
of other disciplinary |
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1 | action by the proper licensing authority of
another state, | ||||||
2 | territory or country;
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3 | L. Directly or indirectly giving to or receiving from | ||||||
4 | any person, firm,
corporation, partnership, or association | ||||||
5 | any fee, commission, rebate or other
form of compensation | ||||||
6 | for any professional services not actually or
personally | ||||||
7 | rendered. Nothing contained in this paragraph prohibits | ||||||
8 | persons holding valid and current licenses under this Act | ||||||
9 | from practicing physical therapy in partnership under a | ||||||
10 | partnership agreement, including a limited liability | ||||||
11 | partnership, a limited liability company, or a corporation | ||||||
12 | under the Professional Service Corporation Act or from | ||||||
13 | pooling, sharing, dividing, or apportioning the fees and | ||||||
14 | monies received by them or by the partnership, company, or | ||||||
15 | corporation in accordance with the partnership agreement | ||||||
16 | or the policies of the company or professional corporation. | ||||||
17 | Nothing in this paragraph (L) affects any bona fide | ||||||
18 | independent contractor or employment arrangements among | ||||||
19 | health care professionals, health facilities, health care | ||||||
20 | providers, or other entities, except as otherwise | ||||||
21 | prohibited by law. Any employment arrangements may include | ||||||
22 | provisions for compensation, health insurance, pension, or | ||||||
23 | other employment benefits for the provision of services | ||||||
24 | within the scope of the licensee's practice under this Act. | ||||||
25 | Nothing in this paragraph (L) shall be construed to require | ||||||
26 | an employment arrangement to receive professional fees for |
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1 | services rendered;
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2 | M. A finding by the Board that the licensee after | ||||||
3 | having his or
her license
placed on probationary status has | ||||||
4 | violated the terms of probation;
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5 | N. Abandonment of a patient;
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6 | O. Willfully failing to report an instance of suspected | ||||||
7 | child abuse or
neglect as required by the Abused and | ||||||
8 | Neglected Child Reporting Act;
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9 | P. Willfully failing to report an instance of suspected | ||||||
10 | elder abuse or
neglect as required by the Elder Abuse | ||||||
11 | Reporting Act;
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12 | Q. Physical illness, including but not limited to, | ||||||
13 | deterioration through
the aging process, or loss of motor | ||||||
14 | skill which results in the inability
to practice the | ||||||
15 | profession with reasonable judgement, skill or safety;
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16 | R. The use of any words (such as physical therapy, | ||||||
17 | physical therapist
physiotherapy or physiotherapist), | ||||||
18 | abbreviations, figures or letters with
the intention of | ||||||
19 | indicating practice as a licensed physical therapist
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20 | without a valid license as a physical therapist issued | ||||||
21 | under this Act;
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22 | S. The use of the term physical therapist assistant, or | ||||||
23 | abbreviations,
figures, or letters with the intention of | ||||||
24 | indicating practice as a physical
therapist assistant | ||||||
25 | without a valid license as a physical therapist
assistant | ||||||
26 | issued under this Act;
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1 | T. Willfully violating or knowingly assisting in the | ||||||
2 | violation of any
law of this State relating to the practice | ||||||
3 | of abortion;
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4 | U. Continued practice by a person knowingly having an | ||||||
5 | infectious,
communicable or contagious disease;
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6 | V. Having treated ailments of human beings otherwise | ||||||
7 | than by
the practice of physical therapy as defined in this | ||||||
8 | Act, or having treated
ailments of human beings as a | ||||||
9 | licensed physical therapist in violation of Section 1.2 | ||||||
10 | independent of a
documented referral or a documented | ||||||
11 | current and relevant diagnosis from a
physician, dentist, | ||||||
12 | advanced practice registered nurse, physician assistant, | ||||||
13 | or podiatric physician, or having failed to notify the
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14 | physician, dentist, advanced practice registered nurse, | ||||||
15 | physician assistant, or podiatric physician who | ||||||
16 | established a documented current and
relevant diagnosis | ||||||
17 | that the patient is receiving physical therapy pursuant
to | ||||||
18 | that diagnosis ;
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19 | W. Being named as a perpetrator in an indicated report | ||||||
20 | by the
Department of Children and Family Services pursuant | ||||||
21 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
22 | proof by clear and convincing
evidence that the licensee | ||||||
23 | has caused a child to be an abused child or
neglected child | ||||||
24 | as defined in the Abused and Neglected Child Reporting Act;
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25 | X. Interpretation of referrals, performance of | ||||||
26 | evaluation procedures,
planning or making major |
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1 | modifications of patient programs by a physical
therapist | ||||||
2 | assistant;
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3 | Y. Failure by a physical therapist assistant and | ||||||
4 | supervising physical
therapist to maintain continued | ||||||
5 | contact, including periodic personal
supervision and | ||||||
6 | instruction, to insure safety and welfare of patients;
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7 | Z. Violation of the Health Care Worker Self-Referral | ||||||
8 | Act.
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9 | (2) The determination by a circuit court that a licensee is | ||||||
10 | subject to
involuntary admission or judicial admission as | ||||||
11 | provided in the Mental Health
and Developmental Disabilities | ||||||
12 | Code operates as an automatic suspension.
Such suspension will | ||||||
13 | end only upon a finding by a court that the patient is
no | ||||||
14 | longer subject to involuntary admission or judicial admission | ||||||
15 | and the
issuance of an order so finding and discharging the | ||||||
16 | patient; and upon the
recommendation of the Board to the | ||||||
17 | Director that the licensee be
allowed to resume his practice.
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18 | (3) The Department may refuse to issue or may suspend the | ||||||
19 | license of any
person who fails to file a return, or to pay the | ||||||
20 | tax, penalty or interest
shown in a filed return, or to pay any | ||||||
21 | final assessment of tax, penalty or
interest, as required by | ||||||
22 | any tax Act administered by the Illinois
Department of Revenue, | ||||||
23 | until such time as the requirements of any such tax
Act are | ||||||
24 | satisfied.
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25 | (Source: P.A. 100-513, eff. 1-1-18 .)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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