Section 1325.5  Definitions

 

"Act" means the Orthotics, Prosthetics and Pedorthics Practice Act [225 ILCS 84].

 

"Board" means the Board of Orthotics, Prosthetics, and Pedorthics.

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Orthotist" means a person who measures, designs, fabricates, fits, or services orthoses and assists in the formulation of the order of orthoses as ordered by a licensed physician for the support or correction of disabilities caused by neuro-musculoskeletal diseases, injuries, or deformities.

 

"Pedorthist" means a person who measures, designs, fabricates, fits or services pedorthic devices and assists in the formulation of the order of pedorthic devices as ordered by a licensed physician or licensed podiatrist for the support or correction of disabilities caused by neuro-musculoskeletal diseases, injuries, or deformities.

 

"Prosthetist" means a person who measures, designs, fabricates, fits, or services prostheses and assists in the formulation of the order of prostheses as ordered by a licensed physician for the replacement of external parts of the human body lost due to amputation or congenital deformities or absences.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.10  Examination

 

a)         Orthotics.  The examination for licensure as an orthotist shall be the orthotics certification examination of the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc. (ABC).

 

b)         Prosthetics.  The examination for licensure as a prosthetist shall be the prosthetics certification examination of the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.

 

c)         Pedorthics.  The examination for licensure as a pedorthist shall be the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.

 

d)         Candidates shall make application for the examination, and pay the examination fee, directly to the designated testing service.

 

e)         Unsuccessful candidates may retake the examination as many times as they wish.  Retake application shall be made to the designated testing service.

 

f)         Application to the designated testing service for purposes of taking the examination shall not constitute application to the Division.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.15  Application for Licensure as an Orthotist

 

a)         Any person seeking licensure as an orthotist shall file an application with the Division on forms provided by the Division.  The application shall include the following:

 

1)         Either:

 

A)        Proof of a baccalaureate degree in an orthotics and prosthetics program approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its predecessor or successor agency; or

 

B)        Proof of a baccalaureate degree from a regionally accredited school, college or university and a certificate from a CAAHEP accredited orthotics program;

 

2)         Proof of a clinical residency as set forth in Section 1325.30;

 

3)         Verification of successful completion of the orthotics examination set forth in Section 1325.10 received directly from the designated testing service; and

 

4)         The required fee specified in Section 1325.50.

 

b)         An individual who meets the requirements of the Act and this Part and obtains a license in Illinois is considered to have met the internationally accepted standards of orthotics and prosthetics as set forth by the International Society for Prosthetics and Orthotics.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given, or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.20  Application for Licensure as a Prosthetist

 

a)         Any person seeking licensure as a prosthetist shall file an application with the Division on forms provided by the Division.  The application shall include the following:

 

1)         Either:

 

A)        Proof of a baccalaureate degree in an orthotic and prosthetic program approved by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its predecessor or successor agency; or

 

B)        Proof of a baccalaureate degree from a regionally accredited school, college or university and a certificate from a CAAHEP accredited prosthetic program;

 

2)         Proof of a clinical residency as set forth in Section 1325.30;

 

3)         Verification of successful completion of the prosthetics examination set forth in Section 1325.10 received directly from the designated testing service; and

 

4)           The required fee specified in Section 1325.50.

 

b)         An individual who meets the requirements of the Act and this Part and obtains a license in Illinois is considered to have met the internationally accepted standards of orthotics and prosthetics as set forth by the International Society for Prosthetics and Orthotics.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.25  Application for Licensure as a Pedorthist

 

a)         Any person seeking licensure as a pedorthist shall file an application with the Division on forms provided by the Division.  The application shall include the following:

 

1)         Proof of graduation from high school or its equivalent;

 

2)         Proof of formal pedorthic education from a program recognized by the Division for certification in Pedorthics pursuant to Section 10 of the Act;

 

3)         Proof of completion of a qualified work experience set forth in Section 1325.35;

 

4)         Verification of successful completion of the pedorthic examination set forth in Section 1325.10 received directly from the designated testing service; and

 

5)         The required fee specified in Section 1345.50.

 

b)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the applicant seeking licensure shall be requested to:

 

1)         Provide  information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.30  Clinical Residency in Orthotics and Prosthetics

 

a)         Applicants must complete a clinical residency of at least 1900 hours in the area for which the license is being sought (either orthotics or prosthetics).    The residency shall meet the following criteria:

 

1)         The clinical experience shall be under the direct supervision of a licensed orthotist or prosthetist or an ABC certified orthotist, prosthetist or prosthetist/orthotist and shall be in a facility that has received accreditation for an Orthotic and/or Prosthetic Residency Program from the National Commission on Orthotic and Prosthetic Education (NCOPE), or its successor.

 

2)         A maximum of 45 hours worked in any seven-day period may be applied toward meeting the 1900 hour requirement. The 1900 hours may be accumulated over a period not to exceed 24 months. The 1900 hour period must have been obtained within 10 years prior to the date of the application.

 

3)         Experience shall be obtained subsequent to education.  Experience should be at all levels of orthotic and/or prosthetic care.

 

b)         Applicants who submit evidence of completion of a 1900 hour residency that is approved by the National Commission on Orthotic and Prosthetic Education (NCOPE) or Commission for Accreditation of Allied Health Education Programs (CAAHEP) meet the requirements set forth in this Section.

 

c)         Applicants who submit evidence of completion of an 18 month dual orthotic and prosthetic residency that is approved by the National Commission on Orthotic and Prosthetic Education (NCOPE) or the Commission for Accrediation of Allied Health Education Programs (CAAHEP) meet the requirements set forth in this Section.  An applicant who has completed an approved 18 month dual orthotics and prosthetic residency may apply for and receive a license in orthotics and a license in prosthetics without additional clinical training.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.35  Qualified Work Experience in Pedorthics

 

a)         Applicants must complete a qualified work experience of at least 1000 hours in pedorthics.  This is a hands on internship program designed to promote the applicant's ability to provide quality patient care by enhancing his/her performance level of basic pedorthic tasks.  The applicant shall meet the following critera:

 

1)         The clinical experience shall be under the direct supervision of a licensed pedorthist or a licensed orthotist or a person certified as a Certified Pedorthist (C.Ped) or Certified Orthotist (CO) whose practice is located outside of the State.  The clinical experience shall be in an accredited facility pursuant to Section 10 of the Act.

 

2)         A maximum of 45 hours worked in any 7 day period may be applied toward meeting the 1000 hour requirement.  The 1000 hours may be accumulated over a period not to exceed 24 months.  The 1000 hour period must have been obtained within 5 years prior to the date of the application.

 

3)         Experience shall be obtained subsequent to education.  Experience shall be at all levels of pedorthic care.

 

b)         Applicants who submit evidence of completion of a qualified work experience that is approved by the American Board for Certification of Orthotics, Prosthetics & Pedorthics, Inc., meet the requirements set forth in this Section so long as the experience is completed under the supervision of an individual who is licensed as a pedorthist under the Act, is certified by ABC, or is otherwise approved by the Board.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.40  Supervision

 

a)         Non-licensed caregivers (assistants, technicians, residents, or students) may provide orthotic, prosthetic, or pedorthic services only under the supervision of a licensee under the Act.  All services must be performed pursuant to the supervisor's order, control, oversight, guidance and full professional responsibility.  The following sets forth four levels of supervision and identifies the supervisory relationship between the licensed orthotist, prosthetist, or pedorthist and other non-licensed orthotic, prosthetic, or pedorthic caregivers.

 

1)         Independent – The licensed caregiver is qualified to provide independent, unsupervised, direct patient care as well as confer or consult with colleagues, physicians or other allied health professionals in providing patient care within the scope of practice.

 

2)         Indirect Supervision – The non-licensed caregiver is qualified to provide patient care independent of a licensee; however, the licensed supervisor must review and countersign all entries in the patient's clinical record within 15 working days following the delivery of care. The supervisor must be physically available for consultation within 60 minutes during the delivery of care.

 

3)         Close Supervision – The non-licensed caregiver is qualified to provide patient care independent of the designated clinical supervisor (licensed orthotist, prosthetist, or pedorthist); however, the supervisor must personally review the assessment and care rendered. The supervisor must be physically present in the facility and available for consultation throughout the delivery of care. The supervisor is responsible for countersigning all entries in the patient's clinical record.

 

4)         Direct Supervision – The non-licensed caregiver is not qualified to provide patient care independent of the designated clinical supervisor (licensed orthotist, prosthetist, or pedorthist) and is only qualified to provide care under supervision. The supervisor must review the results of care rendered by the supervised individual before dismissal of the patient. The supervisor is available for consultation throughout the patient care process. The supervisor is responsible for countersigning all entries by the caregiver in the patient's clinical record before dismissal of the patient.

 

b)         Assistants may provide all levels of care.  Supervision is based on training and experience of the assistant and the classification of the device.  Custom fabricated and fitted devices and custom fitted devices (high complexity) should be provided under direct or close supervision. Custom fitted devices (low complexity) should be provided under close or indirect supervision. Off-the-shelf devices and over-the-counter devices may be provided under indirect supervision.

 

c)         Technicians shall only provide care involving technical implementation skills and no clinical assessment or patient management skills. The care shall be under close or direct supervision depending on the complexity of the care.

 

d)         Residents shall provide all levels of care under supervision.  Supervision should progress from direct supervision to indirect supervision as the resident progresses through the residency program.

 

e)         Students shall provide all levels of care under direct supervision.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.45  Classification of Devices  

 

a)         The Centers for Medicare and Medicaid Services' (CMMS) Common Procedure Coding System (HCPCS) is used as a universal coding database for orthotic, prosthetic, and pedorthic devices.   To determine the appropriate level of supervision, the following categorizations are used:

 

1)         "Custom fabricated and fitted device" means an orthosis, prosthesis, or pedorthic device fabricated to original measurements and/or a mold for patient use in accordance with a prescription and that requires substantial clinical and technical judgment in its design and fitting. Licensees or non-licensed caregivers under direct or close supervision of a licensee should provide custom fabricated and fitted devices.

 

2)         "Custom fitted device" means a prefabricated orthosis, prosthesis, or pedorthic device sized and/or modified for patient use in accordance with a prescription, and that requires substantial clinical judgment and substantive alteration for appropriate use.  Licensees or non-licensed caregivers under close or indirect supervision of a licensee should provide custom fitted devices.  Custom fitted devices are sub-classified as "high complexity" or "low complexity".

 

A)        Custom fitted device (high complexity): A prefabricated orthosis, prosthesis, or pedorthic device sized and/or modified for patient use in accordance with a prescription and that requires substantial clinical judgment (involving high clinical assessment and patient management skills) or substantive alteration (involving medium technical implementation skills) for appropriate use.

 

B)        Custom fitted device (low complexity): A prefabricated orthosis, prosthesis, or pedorthic device sized and/or modified for patient use in accordance with a prescription and that requires substantial clinical judgment (involving medium clinical assessment and patient management skills) or substantive alteration (involving low technical implementation skills) for appropriate use.

 

3)         "Off-the-shelf device" means a prefabricated orthosis, prosthesis or pedorthic device sized and/or modified for patient use in accordance with a prescription and that does not require substantial clinical judgment and substantive alteration for appropriate use. Licensees or non-licensed caregivers under indirect supervision of a licensee may provide off-the-shelf devices.

 

4)         "Over-the-counter device" means a prefabricated, mass-produced device that is prepackaged and requires no professional advice or judgement in either size selection or use, including fabric or elastic supports, corsets, generic insoles, elastic hose.  Over-the-counter devices do not require the supervision of a licensee.

 

b)         The Division hereby incorporates by reference the HCPCS Payment Codes, available from the Centers for Medicare and Medicaid Services, 7500 Security Boulevard, Baltimore MD 21244, at http://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/index.html? redirect=/medhcpcsgeninfo/.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.50  Fees

 

The following fees shall be paid to the Department and are nonrefundable:

 

a)         Application fees

 

1)         The fee for application for a license as an orthotist, prosthetist or pedorthist is $400.

 

2)         The fee for application as a continuing education sponsor is $500.

 

b)         Renewal fees

 

1)         The fee for renewal of an orthotist, prosthetist or pedorthist license is $125 per year.

 

2)         The fee for renewal as a continuing education sponsor is $250.

 

c)         General fees

 

1)         The fee for restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees.

 

2)         The fee for issuance of a duplicate license or for the issuance of a replacement license for a license that has been lost or destroyed is $20.

 

3)         The fee for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is printed.

 

4)         The fee for certification of a license for any purpose is $20.

 

5)         The fee for a wall certificate showing licensure is the actual cost of producing the certificate.

 

            The fee for a roster of persons licensed under the Act is the actual cost of producing the roster.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.55  Renewals

 

a)         The first license issued shall expire on September 30, 2003 and every September 30 of odd-numbered years.  Beginning with the September 30, 2005 renewal and every renewal thereafter, in order to renew a license, a licensee shall be required to complete 30 hours of continuing education in accordance with Section 1325.80.  The holder of the license may renew the license during the month preceding the expiration date by paying the required fee.

 

b)         It is the responsibility of each license holder to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

c)         Practice on an expired license shall be considered the unlicensed practice of orthotics, prosthetics, or pedorthics and subject to discipline or other penalties set forth in Section 90 of the Act.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.60  Endorsement

 

a)         An applicant seeking licensure in Illinois pursuant to Section 70 of the Act shall file an application with the Division, on forms provided by the Division, that includes:

 

1)         Certification of education and experience set forth in Sections 1325.15, 1325.20 and 1325.25;

 

2)         Proof of successful completion of the examination set forth in Section 1325.10;

 

3)         The fee required in Section 1325.50; and

 

4)         Certification from the state or territory of the United States in which the applicant was originally licensed and the states in which the applicant is currently licensed, stating:

 

A)        The time during which the applicant was licensed/registered in that jurisdiction; and

 

B)        Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

b)         The Division may request additional information to determine if the requirements in the state or territory of original licensure were substantially equivalent to the requirements then in effect in Illinois or to determine whether the requirements of another state or territory, together with education and professional experience qualifications of the applicant, are substantially equivalent to the requirements in Illinois at the time of application or is certified by a national certification organization with educational and testing standards equal to or more stringent than the licensing requirements of this State.

 

c)         In lieu of the documentation required in subsections (a)(1) and (2), the Division will accept proof of current certification from the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.

 

d)         The Division shall either issue a license by endorsement to the applicant or notify him/her of the reasons for the denial of the application.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.65  Dishonorable, Unethical or Unprofessional Conduct

 

a)         Pursuant to Section 90(a)(9) of the Act, engaging in dishonorable, unethical or unprofessional conduct in the practice of orthotics, prosthetics, or pedorthics shall include but not be limited to:

 

1)         The promotion of the sale of services and devices in such manner as to exploit the patient or client for the financial gain of the practitioner or of a third party.

 

2)         Directly or indirectly offering, giving, soliciting, or receiving, or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient or client.

 

3)         Revealing of personally identifiable facts, data or information about a patient or client obtained in a professional capacity without the prior consent of the patient or client, except as authorized or required by law.

 

4)         Providing care or services without an order from a licensed physician or podiatrist.

 

5)         Practicing or offering to practice beyond the scope permitted by law, or accepting and performing professional responsibilities that the licensee knows or has reason to know that he or she is not competent to perform.

 

6)         Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that the person to whom the responsibilities were delegated is not qualified by training, experience, or licensure to perform them.

 

7)         Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed orthotist, prosthetist, or pedorthist.

 

8)         Overutilizing services by providing excessive evaluation or treatment procedures not warranted by the condition of the patient or by continuing treatment beyond the point of possible benefit.

 

9)         Making gross or deliberate misrepresentations or misleading claims, including but not limited to:

 

A)        professional qualifications;

 

B)        the efficacy or value of the treatments, remedies or devices given or recommended.

 

10)       Gross and willful and continued overcharging for professional services, including filing false statements for collection of fees for which services are not rendered.

 

11)       Failing to maintain a record for each patient that accurately reflects the evaluation and treatment of the patient.

 

12)       Advertising or soliciting for patronage in a manner that is fraudulent or misleading.  Examples of advertising or soliciting that are considered fraudulent or misleading shall include, but not be limited to:

 

A)        Advertising by means of testimonials, anecdotal reports of orthotic, prosthetic, or pedorthic practice successes or claims of superior quality of care to entice the public; or

 

B)        Advertising that contains false, fraudulent, deceptive or misleading materials, warranties or guarantees of success, statements that play upon vanities or fears of the public or statements that promote or produce unfair competition.

 

b)         Orthotics, Prosthetics and Pedorthics:  The Division hereby incorporates by reference the Code of Professional Responsibility, American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc., 330 John Carlyle St., Ste. 210, Alexandria VA 22314, September 2012, with no later amendments and editions; and the Code of Ethics in the Information Package, Category I Professional – Prosthetist/Orthotist, Orthopaedic Engineer, Orthopaedic Meister, International Society for Prosthetics and Orthotics, Education Committee, 22-24 Rue du Luxembourg B-1000 Brussels, Belgium, November 2002, with no later amendments and editions.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.70  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases where he/she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of the variance, and the reasons therefor, at the next meeting of the Board.

 

Section 1325.75  Restoration

 

a)         A person seeking restoration of a license that has expired for less than 5 years shall have the license restored upon payment of fees set forth in Section 1325.50.  A person seeking restoration of a  license shall provide evidence of successful completion of 30 hours of continuing education in accordance with Section 1325.80 earned within the 2 years immediately preceding the restoration.

 

b)         A person seeking restoration of a license that has been placed on inactive status for less than 5 years shall have the license restored upon payment of the current renewal fee specified in Section 1325.50.  A person seeking restoration of a license shall provide evidence of successful completion of 30 hours of continuing education in accordance with Section 1325.80 earned within the 2 years immediately preceding the restoration.

 

c)         A person seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, together with the fees set forth in Section 1325.50 and proof of 30 hours or continuing education (e.g., certificate of attendance or completion) in accordance with Section 1325.80.  The application shall also include one of the following documents:

 

1)         Sworn evidence of active practice in another jurisdiction.  The evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the registrant was authorized to practice during  the term of active practice; or

 

2)         An affidavit attesting to military service as provided in Section 60 of the Act; or

 

3)         Other evidence of continued active participation in orthotics, prosthetics or pedorthics for at least the last 2 years.  The evidence shall show that he/she has been:

 

A)        Employed in a responsible capacity under the supervision of a licensed orthotist, prosthetist, or pedorthist; or

 

B)        An officer or employee of the United States government as an orthotist, prosthetist, or pedorthist; or

 

C)        Teaching orthotics, prosthetics, or pedorthics in a college or university.

 

d)         A registrant who is unable to submit proof of satisfaction of the requirments of subsection (a), (b) or (c) shall submit proof of completion of 15 clock hours of approved continuing education for each year the license was expired completed during the 2 years proceeding application for restoration.  The requirements of this subsection (d) shall be in addition to the 30 hours of continuing education required by subsections (a), (b) and (c).

 

e)         When the accuracy of any submitted documentation, or the relevance or sufficiency of the course work or experience is questioned by the Division because of lack of information, discrepancies or conflicts in information given or a need for clarification, the person seeking restoration of a license shall be required to:

 

1)         Provide any information as may be necessary; and/or

 

2)         Appear for interviews before the Board to explain the relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information.  Upon recommendation of the Board and approval by the Division, an applicant shall have the license restored.

 

(Source:  Amended at 37 Ill. Reg. 4861, effective April 1, 2013)

 

Section 1325.80  Continuing Education  

 

a)         Continuing Education Hour Requirements

 

1)         Renewal applicants shall complete 30 hours of Continuing Education (CE) relevant to the practice of orthotics, prosthetics, or pedorthics during each pre-renewal period. The Division shall conduct audits to verify compliance with this Section. The pre-renewal period is the 24 months preceding the expiration date of the license.

 

2)         Orthotists, prosthetists, or pedorthists licensed in Illinois but residing and practicing in another state must comply with the CE requirements set forth in this Section.

 

3)         A renewal applicant is not required to comply with CE requirements for the first renewal after original licensure.

 

b)         Activities for which CE credit may be earned are as follows:

 

1)         Verified attendance at, participation in, or completion of any in-person or online continuing education approved by the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.

 

2)         Verified attendance at, participation in, or completion of an in person or online program given by a sponsor as set forth in subsections (c)(1) and (2).

 

3)         A maximum of 15 hours per pre-renewal period for:

 

A)        Papers prepared for or delivered before recognized orthotic, prosthetic, or pedorthic organizations;

 

B)        Papers published in nationally recognized orthotic, prosthetic, or pedorthic journals; and

 

C)        Writing a chapter in a book about orthotics, prosthetics, or pedorthics.

 

4)         A licensee who serves as an instructor, speaker or discussion leader of a course given by an approved sponsor will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Preparation time shall not be allowed for presentations of the same course. In no case shall credit for actual time of presentation and preparation be given for more than 9 hours during any renewal period.

 

5)         The continuing education hours used to satisfy the CE requirements for renewal of an orthotic, prosthetic, or pedorthic license held in another jurisdiction shall be applied toward the CE requirements for renewal of an Illinois orthotic, prosthetic, or pedorthic license.

 

6)         Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

 

7)         A CE hour equals 60 minutes. After completion of the initial CE hour, credit may be given in one-quarter hour increments.

 

8)         Cardiopulmonary resuscitation (CPR) certification by the American Red Cross, American Heart Association, National Safety Council, or their international affiliates, or automated external defibrillation (AED) certification by the American Red Cross or other qualified organization as authorized by the Automated External Defibrillator Act. Five hours of continuing education may be earned for one CPR or AED certification. No more than one certification may be submitted per renewal.

 

c)         CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        The American Academy of Orthotists and Prosthetists, or its affiliates;

 

B)        The American Orthotic & Prosthetic Association, or its affiliates;

 

C)        The Pedorthic Footwear Association, or its affiliates;

 

D)        The International Society of Prosthetics and Orthotics, or its affiliates;

 

E)        Illinois Society of Orthotists, Prosthetists and Pedorthists;

 

F)         The American Academy of Orthopaedic Surgeons, or its affiliates;

 

G)        The Association of Children's Orthotic-Prosthetic Clinics, or its affiliates;

 

H)        The Illinois Podiatric Medical Society;

 

I)         The American Podiatric Medical Society and its affiliates;

 

J)         American Academy of Physical Medicine and Rehabilitation, and its affiliates;

 

K)        Association of Academic Physiatrists, and its affiliates;

 

L)        Any other school, college or university, State agency, or any other person, firm or association that has been approved and authorized by the Division to coordinate and present continuing education courses and programs in conjunction with this Section.

 

2)         Entities seeking a license as a CE sponsor pursuant to subsection (c)(1)(L) shall file a sponsor application, along with the required fee set forth in Section 1325.50. The applicant shall certify to the following:

 

A)        Certification:

 

i)          That all courses and programs offered by the sponsor for CE credit will comply with the criteria in subsection (c) of this Section and all other criteria in this Section. The applicant shall be required to submit a sample 3 hour CE program with course materials, presenter qualifications and course outline for review prior to being approved as a CE sponsor;

 

ii)         That the sponsor will be responsible for verifying attendance at each course or program and provide a certificate of completion as set forth in subsection (c)(8); and

 

iii)        That, upon request by the Division, the sponsor will submit evidence as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the Act and this Part and that this information is necessary to ensure compliance;

 

B)        A copy of a certificate of attendance or participation that meets the requirements set forth in subsection (c)(8); and

 

C)        A sample of a CE course that includes, but is not limited to, course materials, books, and instructor credentials.

 

3)         Each sponsor shall submit a written notice to the Division of a course  offering at least 30 days prior to the course date. The notice shall include a  course outline and the location, date and time the course is to be offered. The notice shall also contain the credit hours earned upon successful completion of the course.

 

4)         Each sponsor shall submit by August 31 of odd numbered years a renewal application, along with the required renewal fee set forth in Section 1325.50. With the application the sponsor shall be required to submit to the Division a list of all courses and programs offered in the past 2 years, which includes a description, location, date and time the course was offered.

 

5)         State agencies, State colleges and State universities in Illinois shall submit a sponsor application in accordance with subsections (c)(2) and (3); however, they shall be exempt from payment of the fee.

 

6)         All courses and programs shall:

 

A)        Contain materials that contribute to the advancement, extension and enhancement of professional skills and knowledge in the practice of orthotics, prosthetics, or pedorthics;

 

B)        Specify the course objectives, course content and teaching methods to be used;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal; and

 

E)        Include some mechanism by which participants evaluate the overall quality of the program.

 

7)         All programs given by approved sponsors shall be open to all licensed orthotists, prosthetists, or pedorthists and not be limited to the members of a single organization or a group and shall specify the number of CE hours that may be applied toward Illinois CE requirements for licensure renewal.

 

8)         It shall be the responsibility of the sponsor to provide each participant in an approved program or course with a certificate of attendance or participation, which shall contain the following information:

 

A)        The name, address and license number of the sponsor;

 

B)        The name and license number of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of clock hours actually attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

9)         The sponsor shall maintain course materials and attendance records containing all information in subsection (c)(8) for not less than 5 years, except for the signature of the sponsor.

 

10)        The sponsor shall be responsible for assuring that no renewal applicant  shall receive CE credit for time not actually spent attending the program.

 

11)        The Division, upon recommendation of the Board, shall withdraw, suspend or place on probation the approval of a CE sponsor when, at any time, the quality of the CE fails to meet the established criteria set forth  in this Section or if the sponsorship approval was based upon false or deceptive information or if any other related license of the sponsor or instructor is suspended, revoked or otherwise disciplined.

 

12)        Notwithstanding any other provision of this Section, the Division  or Board may evaluate any sponsor of any continuing education program at any time.

 

13)        The Division shall maintain a list of all approved continuing education sponsors.

 

d)         Continuing Education Earned in Other Jurisdictions

 

1)         If a renewal applicant will be earning or has earned CE hours in another  jurisdiction, the applicant is not licensed in that jurisdiction and the course is not presented by an approved sponsor, the applicant shall submit an individual program approval request form, along with a $20 processing fee, to have the program reviewed. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(6). Applicants may seek individual program approval prior to participation in the course or program. All individual program approval requests shall be submitted at least 90 days prior to the expiration date of the license.

 

2)         If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $20 processing fee plus a $10 per CE hour late fee not to exceed $150. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

e)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

 

2)         The Division may require additional documentation in order to demonstrate compliance with the CE requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.  A licensee shall be required to keep  CE records for 5 years.  This additional documentation will be required in the context of a Division audit.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant will be notified and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

f)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application, the renewal fee set forth in Section 75(d) of the Act, a statement setting forth the facts concerning the non-compliance, and a request for waiver of the CE requirements on the basis of those facts.  If the Division, upon the written recommendation of the Board, finds from this affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division shall waive enforcement of the requirements for the renewal period for which the applicant has applied.

 

2)         Good cause shall be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of such period; or

 

B)        Extreme hardship, which shall be determined on an individual basis by the Board, and shall be limited to documentation of:

 

i)          An incapacitating illness documented by a currently licensed physician;

 

ii)         A physical inability to travel to the sites of approved programs; or

 

iii)        Any other similar extenuating circumstances.

 

3)        If an interview with the Board is requested at the time the request for the waiver is filed with the Division, the renewal applicant shall be given at least 20 days written notice of the date, time and place of the interview by certified mail, return receipt requested.

 

4)        Any renewal applicant who submits a request for a waiver pursuant to subsection (f)(1) shall be deemed to be in good standing until the Division's final decision on the application has been made.

 

(Source:  Amended at 46 Ill. Reg. 16260, effective September 6, 2022)