SB 2057

Abstract

Amends the Illinois Occupational Therapy Practice Act. Makes changes to the definitions. Provides that all applicants and licensees shall (1) provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewable of a license and (2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure maintenance unit. Provides that the Department may refuse to issue or renewal, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem proper with regard to any license for any one combination of the following: (1) practicing beyond the scope of the practice of occupational therapy; (2) providing substandard care as an occupation therapist; (3) providing substandard care as an occupational therapy assistant; (4) knowingly delegating responsibilities to an individual who does not have the knowledge, skills, or abilities to perform those responsibilities; and (5) engaging in sexual misconduct. Removes language providing that exhibits shall be certified without cost. Repeals provisions concerning the Department's roster of names and addresses of all license holders and of all persons whose licenses have been suspended, revoked, or placed on inactive or nonrenewed status within the previous year. Makes other and corresponding changes. Amends the Regulatory Sunset Act. Repeals the Illinois Occupational Therapy Practice Act on January 1, 2029 (rather than January 1, 2024). Provisions amending the Regulatory Sunset Act are effective immediately. Senate Floor Amendment No. 1 Adds reference to: 225 ILCS 75/3.1 Further amends the Illinois Occupational Therapy Practice Act. Provides that "occupational therapy services" include remediation of and compensation for visual deficits, including low vision rehabilitation. In provisions concerning referrals, provides that a licensed occupational therapist or licensed occupational therapy assistant may evaluate, initiate, provide occupational therapy services, consult with, educate, evaluate, and monitor services for individuals, groups, and populations concerning occupational therapy needs without a referral. Provides that an occupational therapist shall refer a patient to the patient's treating health care professional of record, or to a health care professional of the patient's choosing if there is no health care professional of record, if: (1) the patient does not demonstrate measurable or functional improvement after 10 visits or 15 business days, whichever occurs first, and continued improvement thereafter; (2) the patient was under the care of an occupational therapist without a diagnosis established by a health care professional of a chronic disease that may benefit from occupational therapy and returns for services for the same or similar condition 30 calendar days after being discharged by the occupational therapist; or (3) the patient's medical condition, at the time of evaluation or services, is determined to be beyond the scope of practice of the occupational therapist. In provisions concerning grounds for discipline, provides that the Department of Financial and Professional Regulation may take disciplinary or nondisciplinary actions against a licensee for failing to refer a patient or individual whose medical condition should, at the time of evaluation or treatment, be determined to be beyond the scope of practice of the occupational therapist to an appropriate health care professional. Senate Floor Amendment No. 2 Provides that written notice and any notice in a subsequent proceeding may be served electronically to the licensee's email address of record, or, if in the course of the administrative proceeding the party has previously designated a specific email address at which to accept electronic service for that specific proceeding, by sending a copy by email to the party's email address on record. Senate Floor Amendment No. 3 Provides that the definition of "occupational therapy services" includes low vision rehabilitation (rather than remediation of and compensation for visual deficits, including low vision rehabilitation).