Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 5/ Illinois Athletic Trainers Practice Act.

225 ILCS 5/ Illinois Athletic Trainers Practice Act.

    (225 ILCS 5/1)(from Ch. 111, par. 7601)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 1. Declaration of Findings and Public Policy. The General Assembly finds that athletic training in the State of Illinois affects the public health, welfare, and safety and its regulation and control to be in the public interest. It is further found and declared that, as a matter of public policy in the public interest, athletic trainers, as defined in this Act, merit and receive the understanding and confidence of the public and, to this end, that only qualified persons be permitted to hold themselves out to the public as athletic trainers in the State of Illinois. This Act shall be liberally construed to best carry out these findings and purposes.
(Source: P.A. 84‑1080.)

    (225 ILCS 5/2)(from Ch. 111, par. 7602)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 2. Title. This Act shall be known and may be cited as the "Illinois Athletic Trainers Practice Act".
(Source: P.A. 84‑1080.)

    (225 ILCS 5/3)(from Ch. 111, par. 7603)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 3. Definitions. As used in this Act:
    (1) "Department" means the Department of Professional Regulation.
    (2) "Director" means the Director of Professional Regulation.
    (3) "Board" means the Illinois Board of Athletic Trainers appointed by the Director.
    (4) "Licensed athletic trainer" means a person licensed to 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 of his or her team physician or consulting physician, carries out the practice of prevention/emergency care or physical reconditioning of injuries incurred by athletes participating in an athletic program conducted by an educational institution, professional athletic organization, or sanctioned amateur athletic organization employing the athletic trainer; or a person who, under the direction of a physician, carries out comparable functions for a health organization‑based extramural program of athletic training services for athletes. Specific duties of the athletic trainer include but are not limited to:
        A. Supervision of the selection, fitting, and
     maintenance of protective equipment;
        B. Provision of assistance to the coaching staff in
     the development and implementation of conditioning programs;
        C. Counseling of athletes on nutrition and hygiene;
        D. Supervision of athletic training facility and
     inspection of playing facilities;
        E. Selection and maintenance of athletic training
     equipment and supplies;
        F. Instruction and supervision of student trainer
     staff;
        G. Coordination with a team physician to provide:
            (i) pre‑competition physical exam and health
         history updates,
            (ii) game coverage or phone access to a
         physician or paramedic,
            (iii) follow‑up injury care,
            (iv) reconditioning programs, and
            (v) assistance on all matters pertaining to the
         health and well‑being of athletes.
        H. Provision of on‑site injury care and evaluation
     as well as appropriate transportation, follow‑up treatment and rehabilitation as necessary for all injuries sustained by athletes in the program;
        I. With a physician, determination of when an
     athlete may safely return to full participation post‑injury; and
        J. Maintenance of complete and accurate records of
     all athletic injuries and treatments rendered.
    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.
    (5) "Referral" means the guidance and direction given by the physician, who shall maintain supervision of the athlete.
    (6) "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.
(Source: P.A. 94‑246, eff. 1‑1‑06.)

    (225 ILCS 5/4)(from Ch. 111, par. 7604)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 4. Licensure requirement ‑ Exempt activities. After the effective date of this Act, 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 "certified athletic trainer" or "athletic trainer certified" or the letters "A.T.", "C.A.T.", "A.T.C.", "A.C.T.", or "I.A.T.L." after his name, unless licensed under this Act.
    Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of:
        (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.
        (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.
        (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 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 trainee.
        (4) (Blank).
        (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. In no event shall this exemption extend to any person for longer than 3 months. Anyone who has previously failed the examination, or who fails the examination during this 3‑month period, shall immediately cease practice as an athletic trainer and shall not engage in the practice of athletic training again until he or she passes the examination.
        (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.
        (7) Any person who is an athletic trainer from
     another nation, state, or territory acting as an athletic trainer while performing his 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 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.
        (8) The practice of athletic training by persons
     licensed in another state who have applied in writing to the Department for licensure by endorsement for no longer than 6 months or until notification has been given that licensure has been granted or denied, whichever period of time is lesser.
        (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 for no longer than 6 months or until notification has been given that licensure has been granted or denied, whichever period of time is lesser.
        (10) The practice of athletic training by persons
     actively licensed as an athletic trainer in another state, or currently certified by the National Athletic Trainers Association Board of Certification, Inc., 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) 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 patient programs, administration of medication, or solo practice or event coverage without immediate access to a licensed athletic trainer.
        (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. 96‑7, eff. 4‑3‑09.)

    (225 ILCS 5/5)(from Ch. 111, par. 7605)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 5. Administration of Licensure ‑ Rules and Forms ‑ Reports.
    (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of Licensure Acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act.
    (b) The Director may 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 shall include standards and criteria for licensure and for professional conduct and discipline. The Department 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 a quarterly report to the Board of the status of all complaints related to the profession filed with the Department.
(Source: P.A. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/6)(from Ch. 111, par. 7606)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 6. Athletic Training Board ‑ Appointment ‑ Membership ‑ Term ‑ Duties. The Director shall appoint an Illinois Board of Athletic Trainers as follows: 7 persons who shall be appointed by and shall serve in an advisory capacity to the Director. Two members must be licensed physicians; 4 members must be licensed athletic trainers in good standing, and actively engaged in the practice or teaching of athletic training 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 athletic health care service.
    Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be reappointed to the Board for more than 2 terms. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term.
    The membership of the Board should reasonably reflect representation from the geographic areas in this State.
    The Director may terminate the appointment of any member for cause which in the opinion of the Director reasonably justifies such termination.
    The Director shall consider the recommendation of the Board on questions involving standards of professional conduct, discipline, and qualifications of candidates and license holders under this Act.
(Source: P.A. 94‑246, eff. 1‑1‑06.)

    (225 ILCS 5/7)(from Ch. 111, par. 7607)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 7. 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.
    The applicant is entitled to licensure as an athletic trainer if he or she possesses the qualifications set forth in Section 9 hereof, and satisfactorily completes the examination administered by the National Athletic Trainers Association Board of Certification, Inc.
(Source: P.A. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/8)(from Ch. 111, par. 7608)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 8. Examinations.
    If an applicant neglects, fails, or refuses to take an examination or fails to pass an examination for licensure under this Act within 3 years after filing his or her application, the application shall be denied. However, such applicant may thereafter file a new application accompanied by the required fee.
    The Department may engage the National Athletic Trainers Association Board of Certification, Inc. as consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/9)(from Ch. 111, par. 7609)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 9. Educational and Professional Requirements. A person having the qualifications prescribed in this Section shall be qualified to receive a license as an athletic trainer if he or she:
        (a) Has graduated from a curriculum in athletic
     training accredited by the Joint Review Committee on Athletic Training (JRC‑AT) of the Commission on Accreditation of Allied Health Education Programs (CAAHEP), its successor entity, or its equivalent, as approved by the Department.
        (b) Gives proof of current certification, on the date
     of application, in CPR/AED for the Healthcare Professional or its equivalent based on American Red Cross or American Heart Association standards and graduation from a 4 year accredited college or university.
        (c) Has passed an examination approved by the
     Department to determine his or her fitness for practice as an athletic trainer, or is entitled to be licensed without examination as provided in Sections 7 and 8 of this Act.
    The Department may request a personal interview of an applicant before the Board to further evaluate his or her qualifications for a license.
    An applicant has 3 years from the date of his or her 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.
(Source: P.A. 94‑246, eff. 1‑1‑06.)

    (225 ILCS 5/10)(from Ch. 111, par. 7610)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 10. License expiration; renewal; continuing education requirement. The expiration date of licenses issued under this Act shall be set by rule. Licenses shall be renewed according to procedures established by the Department and upon payment of the renewal fee established herein and proof of completion of approved continuing education relating to the performance and practice of athletic training. The number of hours required and their composition shall be set by rule.
(Source: P.A. 94‑246, eff. 1‑1‑06.)

    (225 ILCS 5/11)(from Ch. 111, par. 7611)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 11. Inactive licenses. Any athletic trainer who notifies the Department in writing on forms prescribed by the Department, may elect to place his or her license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.
    Any athletic trainer requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license.
(Source: P.A. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/12)(from Ch. 111, par. 7612)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 12. Restoration of expired licenses. An athletic trainer who has permitted his or her registration 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 and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee.
    If the athletic trainer has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule with the advice of the Board his or her fitness to resume active status and may require the athletic trainer to complete a period of evaluated clinical experience and may require successful completion of an examination.
    Any athletic trainer whose license has been expired for more than 5 years may have his or her license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active practice in another jurisdiction and by paying the required restoration fee. However, any athletic trainer whose license has expired while he or she has been engaged (1) in the federal service in active duty with the Army of the United States, the United States Navy, the Marine Corps, the Air Force, the Coast Guard, or the State Militia called into the service or training of the United States of America, 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 restored without paying any lapsed renewal fees or restoration fee, if within 2 years after termination of such service, training, or education, other than by dishonorable discharge, he or she furnished the Department with an affidavit 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. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/13)(from Ch. 111, par. 7613)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 13. Endorsement. The Department may, at its discretion, license as an athletic trainer, without examination, on payment of the fee, an applicant for licensure who is an athletic trainer registered or licensed under the laws of another state if the requirements pertaining to athletic trainers in such state were at the date of his or her registration or licensure substantially equal to the requirements in force in Illinois on that date. If the requirements of that state are not substantially equal to the Illinois requirements, or if at the time of application the state in which the applicant has been practicing does not regulate the practice of athletic training, and the applicant began practice in that state prior to January 1, 2004, a person having the qualifications prescribed in this Section may be qualified to receive a license as an athletic trainer if he or she:
        (1) has passed an examination approved by the
     Department to determine his or her fitness for practice as an athletic trainer; and
        (2) gives proof of current certification, on the date
     of application, in CPR/AED for the Healthcare Professional or equivalent based on American Red Cross or American Heart Association standards.
    The Department may request a personal interview of an applicant before the Board to further evaluate his or her qualifications for a license.
    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.
(Source: P.A. 94‑246, eff. 1‑1‑06.)

    (225 ILCS 5/14)(from Ch. 111, par. 7614)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 14. Fees; returned checks. The fees for administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration shall be set by rule.
    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 Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)

    (225 ILCS 5/15)(from Ch. 111, par. 7615)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 15. Roster of licensees. The Department shall maintain a roster of the names and addresses of all licensees and of all persons whose license has been suspended or revoked within the previous year. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 89‑216, eff. 1‑1‑96.)

    (225 ILCS 5/16)(from Ch. 111, par. 7616)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 16. Refusal to issue, suspension, or revocation of license. 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 $5,000 for each violation, with regard to any licensee for any one or combination of the following:
        (A) Material misstatement in furnishing information
     to the Department;
        (B) Negligent or intentional disregard 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 that is (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) of any crime that is directly related to the practice of the profession;
        (D) Making any misrepresentation for the purpose of
     obtaining registration, or violating any provision of this Act;
        (E) Professional incompetence;
        (F) Malpractice;