Illinois Compiled Statutes 225 ILCS 5 Illinois Athletic Trainers Practice Act. Section 16

    (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    (Section scheduled to be repealed on January 1, 2016)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;

        (G) Aiding or assisting another person in violating

    any provision of this Act or rules;

        (H) Failing, within 60 days, to provide information

    in response to a written request made by the Department;

        (I) Engaging in dishonorable, unethical, or

    unprofessional conduct of a character likely to deceive, defraud or harm the public;

        (J) Habitual intoxication or addiction to the use of

    drugs;

        (K) Discipline by another state, District of

    Columbia, territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein;

        (L) Directly or indirectly giving to or receiving

    from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered. Nothing in this subparagraph (L) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this subparagraph (L) shall be construed to require an employment arrangement to receive professional fees for services rendered;

        (M) A finding that the licensee after having his or

    her license placed on probationary status has violated the terms of probation;

        (N) Abandonment of an athlete;

        (O) Willfully making or filing false records or

    reports in his or her practice, including but not limited to false records filed with State agencies or departments;

        (P) Willfully failing to report an instance of

    suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act;

        (Q) Physical illness, including but not limited to

    deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill, or safety;

        (R) Solicitation of professional services other than

    by permitted institutional policy;

        (S) The use of any words, abbreviations, figures or

    letters with the intention of indicating practice as an athletic trainer without a valid license as an athletic trainer under this Act;

        (T) The evaluation or treatment of ailments of human

     beings other than by the practice of athletic training as defined in this Act or the treatment of injuries of athletes by a licensed athletic trainer except by the referral of a physician, podiatric physician, or dentist;

        (U) Willfully violating or knowingly assisting in the

    violation of any law of this State relating to the use of habit-forming drugs;

        (V) Willfully violating or knowingly assisting in the

    violation of any law of this State relating to the practice of abortion;

        (W) Continued practice by a person knowingly having

    an infectious communicable or contagious disease;

        (X) Being named as a perpetrator in an indicated

    report by the Department of Children and Family Services pursuant to the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act;

        (Y) Failure to file a return, or to pay the tax,

    penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied; or

        (Z) Failure to fulfill continuing education

    requirements as prescribed in Section 10 of this Act.

    The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code operates as an automatic suspension. Such suspension will end only upon a finding by a court that the athletic trainer is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the athlete; and upon the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice.

(Source: P.A. 98-214, eff. 8-9-13.)

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Last modified: February 18, 2015