Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 75/ Illinois Occupational Therapy Practice Act.

225 ILCS 75/ Illinois Occupational Therapy Practice Act.

    (225 ILCS 75/1) (from Ch. 111, par. 3701)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 1. This Act shall be known and may be cited as the "Illinois Occupational Therapy Practice Act".
(Source: P.A. 83‑696.)

    (225 ILCS 75/2) (from Ch. 111, par. 3702)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 2. Definitions. In this Act:
    (1) "Department" means the Department of Professional Regulation.
    (2) "Director" means the Director of Professional Regulation.
    (3) "Board" means the Illinois Occupational Therapy Licensure Board appointed by the Director.
    (4) " Occupational therapist" means a person initially registered and licensed to practice occupational therapy as defined in this Act, and whose license is in good standing.
    (5) "Occupational therapy assistant" means a person initially registered and licensed to assist in the practice of occupational therapy under the supervision of a licensed occupational therapist, and to implement the occupational therapy treatment program as established by the licensed occupational therapist. Such program may include training in activities of daily living, the use of therapeutic activity including task oriented activity to enhance functional performance, and guidance in the selection and use of adaptive equipment.
    (6) "Occupational therapy" means the therapeutic use of purposeful and meaningful occupations or goal‑directed activities to evaluate and provide interventions for individuals and populations who have a disease or disorder, an impairment, an activity limitation, or a participation restriction that interferes with their ability to function independently in their daily life roles and to promote health and wellness. Occupational therapy intervention may include any of the following:
        (a) remediation or restoration of performance
     abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes;
        (b) adaptation of task, process, or the environment
     or the teaching of compensatory techniques in order to enhance performance;
        (c) disability prevention methods and techniques
     that facilitate the development or safe application of performance skills; and
        (d) health promotion strategies and practices that
     enhance performance abilities.
    The licensed occupational therapist or licensed occupational therapy assistant may assume a variety of roles in his or her career including, but not limited to, practitioner, supervisor of professional students and volunteers, researcher, scholar, consultant, administrator, faculty, clinical instructor, and educator of consumers, peers, and family.
    (7) "Occupational therapy services" means services that may be provided to individuals and populations including, without limitation, the following:
        (a) evaluating, developing, improving, sustaining,
     or restoring skills in activities of daily living, work, or productive activities, including instrumental living and play and leisure activities;
        (b) evaluating, developing, remediating, or
     restoring sensorimotor, cognitive, or psychosocial components of performance;
        (c) designing, fabricating, applying, or training in
     the use of assistive technology or temporary, orthoses and training in the use of orthoses and prostheses;
        (d) adapting environments and processes, including
     the application of ergonomic principles, to enhance performance and safety in daily life roles;
        (e) for the occupational therapist or occupational
     therapy assistant possessing advanced training, skill, and competency as demonstrated through examinations that shall be determined by the Department, applying physical agent modalities as an adjunct to or in preparation for engagement in occupations;
        (f) evaluating and providing intervention in
     collaboration with the client, family, caregiver, or others;
        (g) educating the client, family, caregiver, or
     others in carrying out appropriate nonskilled interventions; and
        (h) consulting with groups, programs, organizations,
     or communities to provide population‑based services.
    (8) "An aide in occupational therapy" means an individual who provides supportive services to occupational therapists or occupational therapy assistants but who is not certified by a nationally recognized occupational therapy certifying or licensing body.
(Source: P.A. 92‑297, eff. 1‑1‑02; 92‑366, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02; 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/3) (from Ch. 111, par. 3703)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3. After the effective date of this Act, no person shall practice occupational therapy or hold himself out as an occupational therapist or an occupational therapy assistant, or as being able to practice occupational therapy or to render services designated as occupational therapy in this State, unless he is licensed in accordance with the provisions of this Act.
    Nothing in this Act shall be construed as preventing or restricting the practice, services, or activities of:
    (1) Any person licensed in this State by any other law from engaging in the profession or occupation for which he is licensed; or
    (2) Any person employed as an occupational therapist or occupational therapy assistant by the Government of the United States, if such person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; or
    (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study, and if such person is designated by a title which clearly indicates his or her status as a student or trainee; or
    (4) Any person fulfilling the supervised work experience requirements of Sections 8 and 9 of this Act, if such activities and services constitute a part of the experience necessary to meet the requirement of those Sections; or
    (5) Any person performing occupational therapy services in the State, if such a person is not a resident of this State and is not licensed under this Act, and if such services are performed for no more than 60 days a calendar year in association with an occupational therapist licensed under this Act and if such person meets the qualifications for license under this Act and:
        (i) such person is licensed under the law of another
     state which has licensure requirements at least as restrictive as the requirements of this Act, or
        (ii) such person meets the requirements for
     certification as an Occupational Therapist Registered (O.T.R.) or a Certified Occupational Therapy Assistant (C.O.T.A.) established by the National Board for Certification of Occupational Therapy or another nationally recognized credentialing body approved by the Board; or
    (6) The practice of occupational therapy by one who has applied in writing to the Department for a license, in form and substance satisfactory to the Department, and has complied with all the provisions of either Section 8 or 9 except the passing of the examination to be eligible to receive such license. In no event shall this exemption extend to any person for longer than 6 months, except as follows:
        (i) if the date on which a person can take the next
     available examination authorized by the Department extends beyond 6 months from the date the person completes the occupational therapy program as required under Section 8 or 9, the Department shall extend the exemption until the results of that examination become available to the Department; or
        (ii) if the Department is unable to complete its
     evaluation and processing of a person's application for a license within 6 months after the date on which the application is submitted to the Department in proper form, the Department shall extend the exemption until the Department has completed its evaluation and processing of the application.
    In the event such applicant fails the examination, the applicant shall cease work immediately until such time as the applicant is licensed to practice occupational therapy in this State.
    (7) The practice of occupational therapy by one who has applied to the Department, in form and substance satisfactory to the Department, and who is licensed to practice occupational therapy under the laws of another state, territory of the United States or country and who is qualified to receive a license under the provisions of either Section 8 or 9 of this Act. In no event shall this exemption extend to any person for longer than 6 months.
    (8) The practice of occupational therapy by one who has applied to the Department, in form and substance satisfactory to the Department, and who is qualified to receive a license under the provisions of either Section 8 or 9 of this Act. In no event shall this exemption extend to any person for longer than 6 months.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/3.1)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.1. Referrals. A licensed occupational therapist or licensed occupational therapy assistant may consult with, educate, evaluate, and monitor services for clients concerning non‑medical occupational therapy needs. Implementation of direct occupational therapy to individuals for their specific health care conditions shall be based upon a referral from a licensed physician, dentist, podiatrist, advanced practice nurse who has a written collaborative agreement with a collaborating physician to provide or accept referrals from licensed occupational therapists, physician assistant who has been delegated authority to provide or accept referrals from or to licensed occupational therapists, or optometrist.
    An occupational therapist shall refer to a licensed physician, dentist, optometrist, advanced practice nurse, physician assistant, or podiatrist any patient whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the occupational therapist.
(Source: P.A. 92‑297, eff. 1‑1‑02; 93‑461, eff. 8‑8‑03; 93‑962, eff. 8‑20‑04.)

    (225 ILCS 75/3.2)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.2. Practice of optometry.
    (a) No rule shall be adopted under this Act that allows an occupational therapist to perform an act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
    (b) An occupational therapist may not perform an act, task, or function primarily performed in the lawful practice of optometry under the Illinois Optometric Practice Act of 1987.
(Source: P.A. 92‑297, eff. 1‑1‑02; 92‑366, eff. 1‑1‑02; 92‑651, eff. 7‑11‑02.)

    (225 ILCS 75/3.3)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.3. Rules. The Department shall promulgate rules to define and regulate the activities of occupational therapy aides.
(Source: P.A. 92‑297, eff. 1‑1‑02.)

    (225 ILCS 75/3.5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 3.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as an occupational therapist or assistant without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 75/4) (from Ch. 111, par. 3704)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 4. (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise such other powers and duties necessary for effectuating the purposes of this Act.
    (b) The Director shall promulgate rules consistent with the provisions of this Act for the administration and enforcement thereof, and for the payment of fees connected therewith, and may prescribe forms which shall be issued in connection therewith. The rules shall include but not be limited to the standards and criteria for licensure and professional conduct and discipline; the standards and criteria used in determining when oral interviews will be conducted; the standards and criteria used when determining fitness to practice therapy; and the procedures followed in oral interviews. The Department shall consult with the Board in promulgating rules. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein. The Department shall notify the Board in writing with proper explanation of deviations from the Board's recommendations and responses.
    (c) The Department may at any time seek the advice and the expert knowledge of the Board on any matter relating to the administration of this Act.
    (d) The Department shall issue quarterly a report to the Board of the status of all complaints related to the profession filed with the Department.
(Source: P.A. 84‑793.)

    (225 ILCS 75/5) (from Ch. 111, par. 3705)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5. The Director shall appoint an Illinois Occupational Therapy Licensure Board as follows: 7 persons who shall be appointed by and shall serve in an advisory capacity to the Director. One member must be a physician licensed to practice medicine in all of its branches; 3 members must be licensed occupational therapists in good standing, and actively engaged in the practice of occupational therapy in this State; 2 members must be licensed occupational therapy assistants in good standing and actively engaged in the practice of occupational therapy in this State; and 1 member must be a public member who is not licensed under this Act, or a similar Act of another jurisdiction, and is not a provider of health care service.
    Members shall serve 4 year terms and until their successors are appointed and qualified. No member shall be appointed under this or any prior Act to the Board for service which would constitute more than 2 full terms. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act.
    The membership of the Board should reasonably reflect representation from the geographic areas in this State.
    The 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 recommendations of the Board on questions involving standards of professional conduct, discipline and qualifications of candidates and license holders under this Act.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/6) (from Ch. 111, par. 3706)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 6. Applications for original licensure 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.
(Source: P.A. 83‑696.)

    (225 ILCS 75/6.5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 6.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 75/7) (from Ch. 111, par. 3707)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 7. The Department shall authorize examinations at least annually and at such time and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice occupational therapy.
    Applications for examination as occupational therapists and occupational therapy assistants shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
    If an applicant neglects, fails or refuses to take the examination within 90 days after the date the Confirmation of Examination and Eligibility to Examine Notice is issued or fails to pass an examination for certification under this Act, the application shall be denied. If an applicant fails to pass an examination for registration under this Act within 3 years after filing his application, the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee, however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining licensure.
    The Department may employ consultants for the purposes of preparing and conducting examinations.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/8) (from Ch. 111, par. 3708)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 8. A person shall be qualified for licensure as an occupational therapist if that person:
        (1) has applied in writing in form and substance to
     the Department;
        (2) (blank);
        (3) has completed an occupational therapy program of
     at least 4 years in length, leading to a baccalaureate degree, or its equivalent, approved by the Department; and
        (4) has successfully completed the examination
     authorized by the Department within the past 5 years.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/9) (from Ch. 111, par. 3709)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 9. A person shall be qualified for licensure as an occupational therapy assistant if that person:
        (1) has applied in writing in form and substance to
     the Department;
        (2) (blank);
        (3) has completed an occupational therapy program of
     at least 2 years in length leading to an associate degree, or its equivalent, approved by the Department; and
        (4) has successfully completed the examination
     authorized by the Department within the past 5 years.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/10) (from Ch. 111, par. 3710)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10. No action or suit shall be instituted, nor recovery therein be had, in any court of this State by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this Act to other than persons licensed under this Act.
(Source: P.A. 83‑696.)

    (225 ILCS 75/11) (from Ch. 111, par. 3711)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 11. The expiration date and renewal period for each certificate issued under this Act shall be set by rule.
    Any occupational therapist or occupational therapy assistant who has permitted his license to expire or who has had his license on inactive status may have his license restored by making application to the Department and filing proof acceptable to the Department of his fitness to have his license restored. The Department may consider a certificate expired less than 5 years as prima facie evidence that the applicant is fit. If the applicant's license has expired or been placed on inactive status, proof of fitness may include sworn evidence certifying to active practice in another jurisdiction satisfactory to the Department and by paying the required restoration fee.
    If the occupational therapist or occupational therapy assistant has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his fitness to resume active status and may require the occupational therapist or occupational therapy assistant to successfully complete a practice examination.
    However, any occupational therapist or occupational therapy assistant whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his certificate renewed or restored without paying any lapsed renewal fees if within 2 years after termination of such service, training or education except under conditions other than honorable, he furnished the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
(Source: P.A. 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/11.1)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 11.1. Continuing education requirement. All renewal applicants shall provide proof of having met the continuing competency requirements set forth in the rules of the Department. The Department shall provide by rule for an orderly process for the reinstatement of licenses that have not been renewed for failure to meet the continuing competency requirements. The continuing competency requirements may be waived in cases of extreme hardship as defined by rule.
    The Department shall establish by rule a means for verifying the completion of the continuing competency required by this Section. This verification may be accomplished through audits of records maintained by licensees, by requiring the filing of continuing competency certificates with the Department, or by any other means established by the Department.
(Source: P.A. 92‑297, eff. 1‑1‑02; 93‑461, eff. 8‑8‑03.)

    (225 ILCS 75/12) (from Ch. 111, par. 3712)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 12. Any occupational therapist or occupational therapy assistant who notifies the Department in writing on forms prescribed by the Department, may elect to place his license on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he notifies the Department in writing of his desire to resume active status.
    Any occupational therapist or occupational therapy assistant requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his license as provided in Section 11.
    Any occupational therapist or occupational therapy assistant whose license is in an inactive status shall not practice occupational therapy in the State of Illinois.