HB 3499 — PHYSICAL THERAPY-DEFINED-MISC

*LRB09410877RAS41421b* HB3499 94THEngrossed GENERALLRB094 ASSEMBLY10877 StateRAS of41421 Illinoisb andAN 2006ACT HB3499concerning Introducedregulation. 2/23/2005, by Rep.

Angelo Saviano SYNOPSIS AS INTRODUCED:

See Index Amends the Regulatory Sunset Act to extend the repeal of the Illinois Physical Therapy Act to January 1, 2016.

Amends the Physical Therapy Act.

Changes all references from the Physical Therapy Licensing and Disciplinary Committee and the Physical Therapy Examining Committee to the Physical Therapy Licensing and Disciplinary Board.

Changes the definition of "physical therapy" to mean and include (A) examining, evaluating, and testing individuals who may have mechanical, physiological, or developmental impairments, functional limitations, disabilities, or other health and movement-related conditions, determining a treatment diagnosis for these disorders and rehabilitation prognosis and plan of therapeutic intervention, and assessing the on-going effects of the interventions, (B) alleviating impairments, functional limitations, or disabilities by designing, implementing, and modifying therapeutic interventions for the purposes of preventing, correcting, or alleviating a physical or mental impairment, functional limitation, or disability, (C) reducing the risk of injury, impairment, functional limitation, or disability, including the promotion and maintenance of fitness, health, and wellness, and (D) engaging in administration, consultation, education, and research.

Provides that a majority of Board members then appointed constitutes a quorum and that a majority vote of the quorum is required for a Board decision.

Changes references to a physical therapy assistant program to a physical therapist assistant program.

Provides that a person must have graduated from and attained an associate’s degree from an approved physical therapist assistant program in order to be qualified to receive a license as a physical therapist assistant (now, a person is required to have graduated from a 2-year college level physical therapy assistant program).

Provides that following notification of eligibility for examination, an applicant who fails to take the examination for a license under the Act within 60 days of the notification shall forfeit his or her fee and right to practice as a physical therapist or physical therapist assistant until such time as the applicant has passed the appropriate examination (now, an applicant who fails to take the next-scheduled examination forfeits his fee and right to practice).

Effective immediately.

LRB094 10877 RAS 41421 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB3499 LRB094 10877 RAS 41421 b AN ACT concerning regulation.

4251) HB3499 Engrossed - 2 - LRB094 10877 RAS 41421 b (Section scheduled to be repealed on January 1, 2006) Sec.

(A) Examining, evaluating, and testing individuals who may have mechanical, physiological, or developmental impairments, functional limitations, disabilities, or other health and movement-related conditions, andclassifying determining a treatment diagnosis for these disordersdisorders, and determining a rehabilitation prognosis and plan of therapeutic intervention, and assessing the on-going effects of the interventions.

and the use of therapeutic massage, therapeutic exercise, mobilization, and the rehabilitative procedures with or without assistive devices for the purposes of preventing, correcting, or alleviating a physical or mental disability, or promoting HB3499 - 3 - LRB094 10877 RAS 41421 b physical fitness and well-being.

HB3499 Engrossed - 3 - LRB094 10877 RAS 41421 b Physical therapy includes, but is not limited to:

Physical therapy does not include radiology, electrosurgery, chiropractic technique or determination of a differential medical diagnosis;

provided, however, the limitation on determining a differential medical diagnosis shall not in any manner limit a physical therapist licensed under this Act from performing an evaluation pursuant to such license.

HB3499 - 4 - LRB094 10877 RAS 41421 b (5) "Board" "Committee" means the Physical Therapy Licensing and Disciplinary Board Examining Committee approved HB3499 Engrossed - 4 - LRB094 10877 RAS 41421 b by the Director.

(11) "Advanced practice nurse" means a person licensed under the Nursing and Advanced Practice Nursing Act who has a HB3499 - 5 - LRB094 10877 RAS 41421 b collaborative agreement with a collaborating physician that authorizes referrals to physical therapists.

HB3499 Engrossed - 5 - LRB094 10877 RAS 41421 b (12) "Physician assistant" means a person licensed under the Physician Assistant Practice Act of 1987 who has been delegated authority to make referrals to physical therapists.

Initial terms shall begin upon the effective date of this amendatory Act of 1987 and Board Committee members in office on that date shall be eligible for appointment to specific terms as indicated herein.

Members of the Board Committee shall be immune from suit in HB3499 - 6 - LRB094 10877 RAS 41421 b any action based upon any disciplinary proceedings or other activities performed in good faith as members of the Board HB3499 Engrossed - 6 - LRB094 10877 RAS 41421 b Committee.

A majority of Board members then appointed constitutes a quorum.

A majority vote of the quorum is required for a Board decision.

HB3499 - 7 - LRB094 10877 RAS 41421 b (a) A person is qualified to receive a license as a physical therapist if that person has applied in writing, on forms prescribed by the Department, has paid the required fees, and meets all of the following requirements:

(1) He or she is at least 18 years of age and of good HB3499 Engrossed - 7 - LRB094 10877 RAS 41421 b moral character.

7-29-99.) HB3499 - 8 - LRB094 10877 RAS 41421 b (225 ILCS 90/8.1) (from Ch.

A person is qualified to receive a license as a physical therapist assistant if that person has applied in HB3499 Engrossed - 8 - LRB094 10877 RAS 41421 b writing, on forms prescribed by the Department, has paid the required fees and:

1-1-96.) HB3499 - 9 - LRB094 10877 RAS 41421 b (225 ILCS 90/12) (from Ch.

The Department shall examine applicants for licenses as physical therapists or physical therapist assistants at such times and places as it may HB3499 Engrossed - 9 - LRB094 10877 RAS 41421 b determine.

A physical therapist or physical therapist assistant who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by making HB3499 - 10 - LRB094 10877 RAS 41421 b 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.

HB3499 Engrossed - 10 - LRB094 10877 RAS 41421 b If the physical therapist or physical therapist assistant has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board Committee shall determine, by an evaluation program established by rule his or her fitness to resume active status and may require the physical therapist or physical therapist assistant to complete a period of evaluated clinical experience and may require successful completion of an examination.

1-1-96.) HB3499 - 11 - LRB094 10877 RAS 41421 b (225 ILCS 90/17) (from Ch.

(1) The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand, HB3499 Engrossed - 11 - LRB094 10877 RAS 41421 b or take other disciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $5000, with regard to a license for any one or a combination of the following:

Unprofessional conduct shall HB3499 - 12 - LRB094 10877 RAS 41421 b include any departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice, in which proceeding actual injury to a patient need not be established;

Unlawful distribution of any drug or narcotic, or HB3499 Engrossed - 12 - LRB094 10877 RAS 41421 b unlawful conversion of any drug or narcotic not belonging to the person for such person’s own use or benefit or for other than medically accepted therapeutic purposes;

HB3499 - 13 - LRB094 10877 RAS 41421 b O.

Willfully failing to report an instance of suspected elder abuse or neglect as required by the Elder Abuse HB3499 Engrossed - 13 - LRB094 10877 RAS 41421 b Reporting Act;

Having treated ailments of human beings otherwise than by the practice of physical therapy as defined in this Act, or having treated ailments of human beings as a licensed physical therapist independent of a documented referral or a documented current and relevant diagnosis from a physician, dentist, advanced practice nurse, physician assistant, or podiatrist, or having failed to notify the physician, dentist, advanced practice nurse, physician assistant, or podiatrist who established a documented current and relevant diagnosis that the patient HB3499 - 14 - LRB094 10877 RAS 41421 b is receiving physical therapy pursuant to that diagnosis;