Bill Text: IL HB2577 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Marriage and Family Therapy Licensing Act. Makes a technical change in a Section concerning social security numbers.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2017-05-26 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [HB2577 Detail]

Download: Illinois-2017-HB2577-Engrossed.html



HB2577 EngrossedLRB100 10776 SMS 21007 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Sections 4.28 and 4.37 as follows:
6 (5 ILCS 80/4.28)
7 Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9 The Illinois Petroleum Education and Marketing Act.
10 The Podiatric Medical Practice Act of 1987.
11 The Acupuncture Practice Act.
12 The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14 The Interpreter for the Deaf Licensure Act of 2007.
15 The Nurse Practice Act.
16 The Clinical Social Work and Social Work Practice Act.
17 The Pharmacy Practice Act.
18 The Home Medical Equipment and Services Provider License
19Act.
20 The Marriage and Family Therapy Licensing Act.
21 The Nursing Home Administrators Licensing and Disciplinary
22Act.
23 The Physician Assistant Practice Act of 1987.

HB2577 Engrossed- 2 -LRB100 10776 SMS 21007 b
1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6 (5 ILCS 80/4.37)
7 Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following Acts are repealed on January 1, 2027:
9 The Clinical Psychologist Licensing Act.
10 The Illinois Optometric Practice Act of 1987.
11 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13 The Boiler and Pressure Vessel Repairer Regulation Act.
14 The Marriage and Family Therapy Licensing Act.
15(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1699-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
17 Section 10. The Marriage and Family Therapy Licensing Act
18is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65,
1970, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156,
20165, and 170 and by adding Section 10.5 as follows:
21 (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 10. Definitions. As used in this Act:

HB2577 Engrossed- 3 -LRB100 10776 SMS 21007 b
1 "Address of record" means the designated address recorded
2by the Department in the applicant's application file or the
3licensee's application file or license file maintained by the
4Department's licensure maintenance unit. It is the duty of the
5applicant or licensee to inform the Department of any change of
6address, and such changes must be made either through the
7Department's website or by contacting the Department's
8licensure maintenance unit.
9 "Advertise" means, but is not limited to, issuing or
10causing to be distributed any card, sign or device to any
11person; or causing, permitting or allowing any sign or marking
12on or in any building, structure, newspaper, magazine or
13directory, or on radio or television; or advertising by any
14other means designed to secure public attention.
15 "Approved program" means an approved comprehensive program
16of study in marriage and family therapy in a regionally
17accredited educational institution approved by the Department
18for the training of marriage and family therapists.
19 "Associate licensed marriage and family therapist" means a
20person to whom an associate licensed marriage and family
21therapist license has been issued under this Act.
22 "Board" means the Illinois Marriage and Family Therapy
23Licensing and Disciplinary Board.
24 "Department" means the Department of Financial and
25Professional Regulation.
26 "Email address of record" means the designated email

HB2577 Engrossed- 4 -LRB100 10776 SMS 21007 b
1address recorded by the Department in the applicant's
2application file or the licensee's license file, as maintained
3by the Department's licensure maintenance unit.
4 "First qualifying degree" means the first master's or
5doctoral degree, as described in paragraph (1) of subsection
6(b) of Section 40, that an applicant for licensure received.
7 "License" means that which is required to practice marriage
8and family therapy under this Act, the qualifications for which
9include specific education, acceptable experience and
10examination requirements.
11 "Licensed marriage and family therapist" means a person to
12whom a marriage and family therapist license has been issued
13under this Act.
14 "Marriage and family therapy" means the evaluation and
15treatment of mental and emotional problems within the context
16of human relationships. Marriage and family therapy involves
17the use of psychotherapeutic methods to ameliorate
18interpersonal and intrapersonal conflict and to modify
19perceptions, beliefs and behavior in areas of human life that
20include, but are not limited to, premarriage, marriage,
21sexuality, family, divorce adjustment, and parenting.
22 "Person" means any individual, firm, corporation,
23partnership, organization, or body politic.
24 "Practice of marriage and family therapy" means the
25rendering of marriage and family therapy services to
26individuals, couples, and families as defined in this Section,

HB2577 Engrossed- 5 -LRB100 10776 SMS 21007 b
1either singly or in groups, whether the services are offered
2directly to the general public or through organizations, either
3public or private, for a fee, monetary or otherwise.
4 "Secretary" means the Secretary of Financial and
5Professional Regulation.
6 "Title or description" means to hold oneself out as a
7licensed marriage and family therapist or an associate licensed
8marriage and family therapist to the public by means of stating
9on signs, mailboxes, address plates, stationery,
10announcements, calling cards or other instruments of
11professional identification.
12(Source: P.A. 95-703, eff. 12-31-07.)
13 (225 ILCS 55/10.5 new)
14 Sec. 10.5. Address of record; email address of record. All
15applicants and licensees shall:
16 (1) provide a valid address and email address to the
17 Department, which shall serve as the address of record and
18 email address of record, respectively, at the time of
19 application for licensure or renewal of a license; and
20 (2) inform the Department of any change of address of
21 record or email address of record within 14 days after such
22 change either through the Department's website or by
23 contacting the Department's licensure maintenance unit.
24 (225 ILCS 55/15) (from Ch. 111, par. 8351-15)

HB2577 Engrossed- 6 -LRB100 10776 SMS 21007 b
1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 15. Exemptions.
3 (a) Nothing contained in this Act shall restrict any person
4not licensed under this Act from performing marriage and family
5therapy if that person does not represent himself or herself as
6a "licensed marriage and family therapist" or an "associate
7licensed marriage and family therapist".
8 (b) Nothing in this Act shall be construed as permitting
9persons licensed as marriage and family therapists and
10associate licensed marriage and family therapists to engage in
11any manner in the practice of medicine as defined in the laws
12of this State.
13 (c) Nothing in this Act shall be construed to prevent
14qualified members of other professional groups, including but
15not limited to clinical psychologists, social workers,
16counselors, attorneys at law, or psychiatric nurses, from
17performing or advertising that they perform the work of a
18marriage and family therapist consistent with the laws of this
19State, their training, and any code of ethics of their
20respective professions, provided they do not represent
21themselves by any title or description as a licensed marriage
22and family therapist or an associate licensed marriage and
23family therapist.
24 (d) Nothing in this Act shall be construed to prevent any
25person from the bona fide practice of the doctrines of an
26established church or religious denomination if the person does

HB2577 Engrossed- 7 -LRB100 10776 SMS 21007 b
1not hold himself or herself out to be a licensed marriage and
2family therapist or an associate licensed marriage and family
3therapist.
4 (e) Nothing in this Act shall prohibit self-help groups or
5programs or not-for-profit organizations from providing
6services so long as these groups, programs, or organizations do
7not hold themselves out as practicing or being able to practice
8marriage and family therapy.
9 (f) This Act does not prohibit:
10 (1) A person from practicing marriage and family
11 therapy as part of his or her duties as an employee of a
12 recognized academic institution, or a federal, State,
13 county, or local governmental institution or agency while
14 performing those duties for which he or she was employed by
15 the institution, agency or facility.
16 (2) A person from practicing marriage and family
17 therapy as part of his or her duties as an employee of a
18 nonprofit organization consistent with the laws of this
19 State, his or her training, and any code of ethics of his
20 or her respective professions, provided the person does not
21 represent himself or herself as a "licensed marriage and
22 family therapist" or an "associate licensed marriage and
23 family therapist".
24 (3) A person from practicing marriage and family
25 therapy if the person is obtaining experience for licensure
26 as a marriage and family therapist, provided the person is

HB2577 Engrossed- 8 -LRB100 10776 SMS 21007 b
1 designated by a title that clearly indicates training
2 status.
3 (4) A person licensed in this State under any other Act
4 from engaging the practice for which he or she is licensed.
5 (5) A person from practicing marriage and family
6 therapy if the person is a marriage and family therapist
7 regulated under the laws of another State, territory of the
8 United States or country and who has applied in writing to
9 the Department, on forms prepared and furnished by the
10 Department, for licensing as a marriage and family
11 therapist and who is qualified to receive a license
12 registration under Section 40 until the expiration of 6
13 months after the filing of the written application, the
14 withdrawal of the application, a notice of intent to deny
15 the application, or the denial of the application by the
16 Department.
17(Source: P.A. 91-362, eff. 1-1-00.)
18 (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 20. Powers and duties of the Department. Subject to
21the provisions of this Act, the Department shall exercise the
22following functions, powers, and duties:
23 (a) Conduct or authorize examinations to ascertain the
24 fitness and qualifications of applicants for licensure and
25 issue licenses to those who are found to be fit and

HB2577 Engrossed- 9 -LRB100 10776 SMS 21007 b
1 qualified.
2 (b) Adopt Prescribe rules required for the
3 administration of this Act, including, but not limited to,
4 rules for a method of examination of candidates and for
5 determining approved graduate programs.
6 (b-5) Prescribe forms to be issued for the
7 administration and enforcement of this Act consistent with
8 and reflecting the requirements of this Act and rules
9 adopted pursuant to this Act rules for determining approved
10 graduate programs and prepare and maintain a list of
11 colleges and universities offering approved programs.
12 (c) Conduct hearings on proceedings to refuse to issue
13 or renew licenses or to revoke, suspend, place on
14 probation, or reprimand persons licensed under the
15 provisions of this Act or refuse to issue licenses.
16 (d) Conduct investigations related to possible
17 violations Promulgate rules required for the
18 administration of this Act.
19 The Board may make recommendations on matters relating to
20continuing education, including the number of hours necessary
21for license renewal, waivers for those unable to meet the
22requirements, and acceptable course content.
23(Source: P.A. 90-61, eff. 12-30-97.)
24 (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
25 (Section scheduled to be repealed on January 1, 2018)

HB2577 Engrossed- 10 -LRB100 10776 SMS 21007 b
1 Sec. 25. Marriage and Family Therapy Licensing and
2Disciplinary Board.
3 (a) The Secretary shall appoint a There is established
4within the Department the Marriage and Family Therapy Licensing
5and Disciplinary Board to be appointed by the Secretary. The
6Board shall be composed of 7 persons who shall serve in an
7advisory capacity to the Secretary. The Board shall annually
8elect a chairperson and a vice chairperson.
9 (b) In appointing members of the Board, the Secretary shall
10give due consideration to recommendations by members of the
11profession of marriage and family therapy and by the statewide
12organizations solely representing the interests of marriage
13and family therapists.
14 (c) Five members of the Board shall be marriage and family
15therapists who have been in active practice for at least 5
16years immediately preceding their appointment, or engaged in
17the education and training of masters, doctoral, or
18post-doctoral students of marriage and family therapy, or
19engaged in marriage and family therapy research. Each marriage
20or family therapy teacher or researcher shall have spent the
21majority of the time devoted to the study or research of
22marriage and family therapy during the 2 years immediately
23preceding his or her appointment to the Board. The appointees
24shall be licensed under this Act.
25 (d) Two members shall be representatives of the general
26public who have no direct affiliation or work experience with

HB2577 Engrossed- 11 -LRB100 10776 SMS 21007 b
1the practice of marriage and family therapy and who clearly
2represent consumer interests.
3 (e) Board members shall be appointed for terms of 4 years
4each, except that any person chosen to fill a vacancy shall be
5appointed only for the unexpired term of the Board member whom
6he or she shall succeed. Upon the expiration of this term of
7office, a Board member shall continue to serve until a
8successor is appointed and qualified. No member shall serve
9more than 2 consecutive 4-year terms be reappointed to the
10Board for a term that would cause continuous service on the
11Board to be longer than 8 years.
12 (f) The membership of the Board shall reasonably reflect
13representation from the various geographic areas of the State.
14 (g) Members of the Board shall have no liability be immune
15from suit in any action based upon any disciplinary proceedings
16or other activities performed in good faith as members of the
17Board.
18 (h) The Secretary may remove any member of the Board for
19any cause that, in the opinion of the Secretary, reasonably
20justifies termination.
21 (i) The Secretary may consider the recommendations of the
22Board on questions of standards of professional conduct,
23discipline, and qualification of candidates or licensees under
24this Act.
25 (j) The members of the Board shall be reimbursed for all
26legitimate, necessary, and authorized expenses.

HB2577 Engrossed- 12 -LRB100 10776 SMS 21007 b
1 (k) A majority of the Board members currently appointed
2shall constitute a quorum. A vacancy in the membership of the
3Board shall not impair the right of a quorum to exercise all
4the rights and perform all the duties of the Board.
5(Source: P.A. 95-703, eff. 12-31-07.)
6 (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 30. Application.
9 (a) Applications for original licensure shall be made to
10the Department in writing on forms or electronically as
11prescribed by the Department and shall be accompanied by the
12appropriate documentation and the required fee, which shall not
13be refundable fee is nonrefundable. Any application shall
14require such information as, in the judgment of the Department,
15will enable the Department to pass on the qualifications of the
16applicant for licensing.
17 (b) Applicants have 3 years from the date of application to
18complete the application process. If the application has not
19been completed within 3 years, the application shall be denied,
20the fee shall be forfeited, and the applicant must reapply and
21meet the requirements in effect at the time of reapplication.
22 (c) A license shall not be denied to an applicant because
23of the applicant's race, religion, creed, national origin,
24political beliefs or activities, age, sex, sexual orientation,
25or physical disability that does not affect a person's ability

HB2577 Engrossed- 13 -LRB100 10776 SMS 21007 b
1to practice with reasonable judgment, skill, or safety.
2(Source: P.A. 95-703, eff. 12-31-07.)
3 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 40. Qualifications for licensure.
6 (a) A person is qualified for licensure as a marriage and
7family therapist if that person:
8 (1) is at least 21 years of age;
9 (2) has applied in writing on forms prepared and
10 furnished by the Department;
11 (3) (blank);
12 (4) (blank); has not engaged or is not engaged in any
13 practice or conduct that would be grounds for disciplining
14 a licensee under Section 85 of this Act;
15 (5) satisfies the education and experience
16 requirements of subsection (b) of this Section; and
17 (6) passes a written examination authorized by the
18 Department.
19 (b) Any person who applies to the Department shall be
20issued a marriage and family therapist license by the
21Department if the person meets the qualifications set forth in
22subsection (a) of this Section and provides evidence to the
23Department that the person:
24 (1) holds a master's or doctoral degree in marriage and
25 family therapy approved by the Department from a regionally

HB2577 Engrossed- 14 -LRB100 10776 SMS 21007 b
1 accredited educational institution; holds a master's or
2 doctoral degree from a regionally accredited educational
3 institution in marriage and family therapy or in a related
4 field with an equivalent course of study in marriage and
5 family therapy that is recommended by the Board and
6 approved by the Department; or holds a master's or doctoral
7 degree from a program accredited by the Commission on
8 Accreditation for Marriage and Family Therapy Education
9 commission on accreditations for marriage and family
10 therapy education of the American Association for Marriage
11 and Family Therapists;
12 (2) following the receipt of the first qualifying
13 degree, has at least 2 years of experience, as defined by
14 rule, in the practice of marriage and family therapy,
15 including at least 1,000 hours of face-to-face contact with
16 couples and families for the purpose of evaluation and
17 treatment;
18 (3) has completed at least 200 hours of supervision of
19 marriage and family therapy, as defined by rule.
20 (c) Any person who applies to the Department shall be
21issued a temporary license as an associate licensed marriage
22and family therapist by the Department if the person meets the
23qualifications set forth in subsection (a)(1), (2), and (4) of
24this Section and provides evidence to the Department that the
25person meets the qualifications set forth in subsection (b)(1)
26of this Section. A person granted licensure as an associate

HB2577 Engrossed- 15 -LRB100 10776 SMS 21007 b
1licensed marriage and family therapist is eligible to sit for
2the written examination specified in paragraph (6) of
3subsection (a) of this Section. The license as an associate
4licensed marriage and family therapist shall not be valid for
5more than 5 years.
6 An associate licensed marriage and family therapist may not
7practice independently and must be clinically supervised by a
8licensed marriage and family therapist or equivalent as defined
9by rule.
10 An associate licensed marriage and family therapist may
11petition the Department for a marriage and family therapist
12license upon completion of the requirements in subsections (a)
13and (b).
14(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
15 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 45. Licenses; renewals; restoration; person in
18military service.
19 (a) The expiration date and renewal period for each license
20issued under this Act shall be set by rule. As a condition for
21renewal of a license, the licensee shall be required to
22complete continuing education under requirements set forth in
23rules of the Department.
24 (b) Any person who has permitted his or her license to
25expire may have his or her license restored by making

HB2577 Engrossed- 16 -LRB100 10776 SMS 21007 b
1application to the Department and filing proof acceptable to
2the Department of fitness to have his or her license restored,
3which may include sworn evidence certifying to active practice
4in another jurisdiction satisfactory to the Department,
5complying with any continuing education requirements, and
6paying the required restoration fee.
7 (c) If the person has not maintained an active practice in
8another jurisdiction satisfactory to the Department, the Board
9shall determine, by an evaluation program established by rule,
10the person's fitness to resume active status and may require
11the person to complete a period of evaluated clinical
12experience and successful completion of a practical
13examination.
14 However, any person whose license expired while he or she
15has been engaged (i) in federal service on active duty with the
16Armed Forces of the United States or called into service or
17training with the State Militia, or (ii) in training or
18education under the supervision of the United States
19preliminary to induction into the military service may have his
20or her license renewed or restored without paying any lapsed
21renewal fees if, within 2 years after honorable termination of
22the service, training or education, except under condition
23other than honorable, he or she furnishes the Department with
24satisfactory evidence to the effect that he or she has been so
25engaged and that the service, training, or education has been
26so terminated.

HB2577 Engrossed- 17 -LRB100 10776 SMS 21007 b
1 (d) Any person who notifies the Department, in writing on
2forms prescribed by the Department, may place his or her
3license on inactive status and shall be excused from the
4payment of renewal fees until the person notifies the
5Department in writing of the intention to resume active
6practice.
7 (e) Any person requesting his or her license be changed
8from inactive to active status shall be required to pay the
9current renewal fee and shall also demonstrate compliance with
10the continuing education requirements.
11 (f) Any marriage and family therapist or associate licensed
12marriage and family therapist whose license is nonrenewed or on
13inactive status shall not engage in the practice of marriage
14and family therapy in the State of Illinois and use the title
15or advertise that he or she performs the services of a
16"licensed marriage and family therapist" or an "associate
17licensed marriage and family therapist".
18 (g) Any person violating subsection (f) of this Section
19shall be considered to be practicing without a license and will
20be subject to the disciplinary provisions of this Act.
21 (h) (Blank).
22(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
23 (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 65. Endorsement. The Department may issue a license as

HB2577 Engrossed- 18 -LRB100 10776 SMS 21007 b
1a licensed marriage and family therapist, without the required
2examination, to an applicant licensed under the laws of another
3state if the requirements for licensure in that state are, on
4the date of licensure, substantially equivalent equal to the
5requirements of this Act or to a person who, at the time of his
6or her application for licensure, possessed individual
7qualifications that were substantially equivalent to the
8requirements then in force in this State. An applicant under
9this Section shall pay all of the required fees.
10 Applicants have 3 years from the date of application to
11complete the application process. If the process has not been
12completed within the 3 years, the application shall be denied,
13the fee shall be forfeited, and the applicant must reapply and
14meet the requirements in effect at the time of reapplication.
15(Source: P.A. 90-61, eff. 12-30-97.)
16 (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
17 (Section scheduled to be repealed on January 1, 2018)
18 Sec. 70. Privileged communications and exceptions.
19 (a) No licensed marriage and family therapist or associate
20licensed marriage and family therapist shall disclose any
21information acquired from persons consulting the marriage and
22family therapist or associate licensed marriage and family
23therapist in a professional capacity, except that which may be
24voluntarily disclosed under the following circumstances:
25 (1) In the course of formally reporting, conferring, or

HB2577 Engrossed- 19 -LRB100 10776 SMS 21007 b
1 consulting with administrative superiors, colleagues, or
2 consultants who share professional responsibility, in
3 which instance all recipients of the information are
4 similarly bound to regard the communications as
5 privileged;
6 (2) With the written consent of the person who provided
7 the information;
8 (3) In case of death or disability, with the written
9 consent of a personal representative, other person
10 authorized to sue, or the beneficiary of an insurance
11 policy on the person's life, health, or physical condition;
12 (4) When a communication reveals the intended
13 commission of a crime or harmful act and the disclosure is
14 judged necessary by the licensed marriage and family
15 therapist or associate licensed marriage and family
16 therapist to protect any person from a clear, imminent risk
17 of serious mental or physical harm or injury, or to
18 forestall a serious threat to the public safety; or
19 (5) When the person waives the privilege by bringing
20 any public charges, criminal, or civil, against the
21 licensee.
22 (b) Any person having access to records or any one who
23participates in providing marriage and family therapy services
24or who, in providing any human services, is supervised by a
25licensed marriage and family therapist, is similarly bound to
26regard all information and communications as privileged in

HB2577 Engrossed- 20 -LRB100 10776 SMS 21007 b
1accord with this Section.
2 (c) The Mental Health and Developmental Disabilities
3Confidentiality Act is incorporated in this Act as if all of
4its provisions were included in this Act.
5(Source: P.A. 91-362, eff. 1-1-00.)
6 (225 ILCS 55/75) (from Ch. 111, par. 8351-75)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 75. License restrictions and limitations. No business
9organization association, partnership, or professional limited
10liability company shall provide, attempt to provide, or offer
11to provide marriage and family therapy services unless every
12member, partner, shareholder, director, officer, holder of any
13other ownership interest, agent, and employee of the
14association, partnership, or professional limited liability
15company who practices marriage and family therapy or who
16renders marriage and family therapy services holds a currently
17valid current license issued under this Act. No business shall
18be created that (1) has a stated purpose that includes marriage
19and family therapy, or (2) practices or holds itself out as
20available to practice provide, attempt to provide, or offer to
21provide marriage and family therapy, services unless it is
22organized under the Professional Service Corporation Act or
23Professional Limited Liability Company Act. Nothing in this Act
24shall preclude individuals licensed under this Act from
25practicing directly or indirectly for a physician licensed to

HB2577 Engrossed- 21 -LRB100 10776 SMS 21007 b
1practice medicine in all its branches under the Medical
2Practice Act of 1987 or for any legal entity as provided under
3subsection (c) of Section 22.2 of the Medical Practice Act of
41987.
5(Source: P.A. 99-227, eff. 8-3-15.)
6 (225 ILCS 55/80) (from Ch. 111, par. 8351-80)
7 (Section scheduled to be repealed on January 1, 2018)
8 Sec. 80. Roster. The Department shall maintain a roster of
9names and addresses of all persons who hold valid licenses
10under this Act and all persons whose licenses have been
11suspended or revoked within the previous year. This roster
12shall be available upon request and payment of the required
13fee.
14(Source: P.A. 87-783.)
15 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
16 (Section scheduled to be repealed on January 1, 2018)
17 Sec. 85. Refusal, revocation, or suspension.
18 (a) The Department may refuse to issue or renew a license,
19or may revoke a license, or may suspend, reprimand, place on
20probation, fine, or take any other disciplinary or
21non-disciplinary action as the Department may deem proper,
22including the imposition of fines not to exceed $10,000 for
23each violation, with regard to any license issued under the
24provisions of this Act licensee for any one or combination of

HB2577 Engrossed- 22 -LRB100 10776 SMS 21007 b
1the following grounds causes:
2 (1) Material misstatement in furnishing information to
3 the Department.
4 (2) Violation Violations of any provision of this Act
5 or its rules.
6 (3) Conviction of or entry of a plea of guilty or nolo
7 contendere, finding of guilt, jury verdict, or entry of
8 judgment or sentencing, including, but not limited to,
9 convictions, preceding sentences of supervision,
10 conditional discharge, or first offender probation, to any
11 crime that is a felony under the laws of any jurisdiction
12 of the United States that is (i) a felony or (ii) or any
13 state or territory thereof or a misdemeanor, of which an
14 essential element of which is dishonesty or that is
15 directly related to the practice of the profession.
16 (4) Fraud or Making any misrepresentation in applying
17 for or procuring for the purpose of obtaining a license
18 under this Act or in connection with applying for renewal
19 or restoration of a license under or violating any
20 provision of this Act or its rules.
21 (5) Professional incompetence.
22 (6) Gross negligence in practice under this Act.
23 (7) Aiding or assisting another person in violating any
24 provision of this Act or its rules.
25 (8) Failing, within 60 30 days, to provide information
26 in response to a written request made by the Department.

HB2577 Engrossed- 23 -LRB100 10776 SMS 21007 b
1 (9) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud or harm the public as defined by the rules of the
4 Department, or violating the rules of professional conduct
5 adopted by the Board and published by the Department.
6 (10) Habitual or excessive use or abuse of drugs
7 defined in law as controlled substances, of addiction to
8 alcohol, narcotics, stimulants, or any other substance
9 chemical agent or drug that results in the inability to
10 practice with reasonable judgment, skill, or safety.
11 (11) Discipline by another jurisdiction state,
12 territory, or country if at least one of the grounds for
13 the discipline is the same or substantially equivalent to
14 those set forth in this Act.
15 (12) Directly or indirectly giving to or receiving from
16 any person, firm, corporation, partnership, or association
17 any fee, commission, rebate, or other form of compensation
18 for any professional services not actually or personally
19 rendered. Nothing in this paragraph (12) affects any bona
20 fide independent contractor or employment arrangements
21 among health care professionals, health facilities, health
22 care providers, or other entities, except as otherwise
23 prohibited by law. Any employment arrangements may include
24 provisions for compensation, health insurance, pension, or
25 other employment benefits for the provision of services
26 within the scope of the licensee's practice under this Act.

HB2577 Engrossed- 24 -LRB100 10776 SMS 21007 b
1 Nothing in this paragraph (12) shall be construed to
2 require an employment arrangement to receive professional
3 fees for services rendered.
4 (13) A finding by the Department that the licensee,
5 after having his or her license placed on probationary
6 status, has violated the terms of probation or failed to
7 comply with the terms.
8 (14) Abandonment of a patient without cause.
9 (15) Willfully making or filing false records or
10 reports relating to a licensee's practice, including but
11 not limited to false records filed with State agencies or
12 departments.
13 (16) Willfully Wilfully failing to report an instance
14 of suspected child abuse or neglect as required by the
15 Abused and Neglected Child Reporting Act.
16 (17) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 under the Abused and Neglected Child Reporting Act and upon
19 proof by clear and convincing evidence that the licensee
20 has caused a child to be an abused child or neglected child
21 as defined in the Abused and Neglected Child Reporting Act.
22 (18) Physical illness or mental illness or impairment,
23 including, but not limited to, deterioration through the
24 aging process or loss of motor skill that results in the
25 inability to practice the profession with reasonable
26 judgment, skill, or safety.

HB2577 Engrossed- 25 -LRB100 10776 SMS 21007 b
1 (19) Solicitation of professional services by using
2 false or misleading advertising.
3 (20) A pattern of practice or other behavior that
4 demonstrates incapacity or incompetence to practice under
5 this Act. A finding that licensure has been applied for or
6 obtained by fraudulent means.
7 (21) Practicing under a false or assumed name, except
8 as provided by law. or attempting to practice under a name
9 other than the full name as shown on the license or any
10 other legally authorized name.
11 (22) Gross, willful, and continued overcharging for
12 professional services, including filing false statements
13 for collection of fees or moneys for which services are not
14 rendered.
15 (23) Failure to establish and maintain records of
16 patient care and treatment as required by law.
17 (24) Cheating on or attempting to subvert the licensing
18 examinations administered under this Act.
19 (25) Willfully failing to report an instance of
20 suspected abuse, neglect, financial exploitation, or
21 self-neglect of an eligible adult as defined in and
22 required by the Adult Protective Services Act.
23 (26) Being named as an abuser in a verified report by
24 the Department on Aging and under the Adult Protective
25 Services Act and upon proof by clear and convincing
26 evidence that the licensee abused, neglected, or

HB2577 Engrossed- 26 -LRB100 10776 SMS 21007 b
1 financially exploited an eligible adult as defined in the
2 Adult Protective Services Act.
3 (b) The Department shall deny any application for a license
4or renewal, without hearing, under this Act to any person who
5has defaulted on an educational loan guaranteed by the Illinois
6Student Assistance Commission; however, the Department may
7issue a license or renewal if the person in default has
8established a satisfactory repayment record as determined by
9the Illinois Student Assistance Commission.
10 (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission, as
12provided in the Mental Health and Developmental Disabilities
13Code, operates as an automatic suspension. The suspension will
14terminate only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and the issuance of an order so finding and discharging the
17patient, and upon the recommendation of the Board to the
18Secretary that the licensee be allowed to resume his or her
19practice as a licensed marriage and family therapist or an
20associate licensed marriage and family therapist.
21 (d) The Department shall may refuse to issue or may suspend
22the license of any person who fails to file a return, pay the
23tax, penalty, or interest shown in a filed return or pay any
24final assessment of tax, penalty, or interest, as required by
25any tax Act administered by the Illinois Department of Revenue,
26until the time the requirements of the tax Act are satisfied.

HB2577 Engrossed- 27 -LRB100 10776 SMS 21007 b
1 (e) In enforcing this Section, the Department or Board upon
2a showing of a possible violation may compel an individual
3licensed to practice under this Act, or who has applied for
4licensure under this Act, to submit to a mental or physical
5examination, or both, which may include a substance abuse or
6sexual offender evaluation, as required by and at the expense
7of the Department.
8 The Department shall specifically designate the examining
9physician licensed to practice medicine in all of its branches
10or, if applicable, the multidisciplinary team involved in
11providing the mental or physical examination or both. The
12multidisciplinary team shall be led by a physician licensed to
13practice medicine in all of its branches and may consist of one
14or more or a combination of physicians licensed to practice
15medicine in all of its branches, licensed clinical
16psychologists, licensed clinical social workers, licensed
17clinical professional counselors, licensed marriage and family
18therapists, and other professional and administrative staff.
19Any examining physician or member of the multidisciplinary team
20may require any person ordered to submit to an examination and
21evaluation pursuant to this Section to submit to any additional
22supplemental testing deemed necessary to complete any
23examination or evaluation process, including, but not limited
24to, blood testing, urinalysis, psychological testing, or
25neuropsychological testing.
26 The Department may order the examining physician or any

HB2577 Engrossed- 28 -LRB100 10776 SMS 21007 b
1member of the multidisciplinary team to provide to the
2Department any and all records, including business records,
3that relate to the examination and evaluation, including any
4supplemental testing performed.
5 The Department or Board may order the examining physician
6or any member of the multidisciplinary team to present
7testimony concerning the mental or physical examination of the
8licensee or applicant. No information, report, record, or other
9documents in any way related to the examination shall be
10excluded by reason of any common law or statutory privilege
11relating to communications between the licensee or applicant
12and the examining physician or any member of the
13multidisciplinary team. No authorization is necessary from the
14licensee or applicant ordered to undergo an examination for the
15examining physician or any member of the multidisciplinary team
16to provide information, reports, records, or other documents or
17to provide any testimony regarding the examination and
18evaluation. The examining physicians shall be specifically
19designated by the Board or Department.
20 The individual to be examined may have, at his or her own
21expense, another physician of his or her choice present during
22all aspects of this examination. However, that physician shall
23be present only to observe and may not interfere in any way
24with the examination.
25 Failure of an individual to submit to a mental or physical
26examination, when ordered directed, shall result in an

HB2577 Engrossed- 29 -LRB100 10776 SMS 21007 b
1automatic be grounds for suspension of his or her license until
2the individual submits to the examination if the Department
3finds, after notice and hearing, that the refusal to submit to
4the examination was without reasonable cause.
5 If the Department or Board finds an individual unable to
6practice because of the reasons set forth in this Section, the
7Department or Board may require that individual to submit to
8care, counseling, or treatment by physicians approved or
9designated by the Department or Board, as a condition, term, or
10restriction for continued, reinstated, or renewed licensure to
11practice; or, in lieu of care, counseling, or treatment, the
12Department may file, or the Board may recommend to the
13Department to file, a complaint to immediately suspend, revoke,
14or otherwise discipline the license of the individual. An
15individual whose license was granted, continued, reinstated,
16renewed, disciplined or supervised subject to such terms,
17conditions, or restrictions, and who fails to comply with such
18terms, conditions, or restrictions, shall be referred to the
19Secretary for a determination as to whether the individual
20shall have his or her license suspended immediately, pending a
21hearing by the Department.
22 In instances in which the Secretary immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 30 days after
25the suspension and completed without appreciable delay. The
26Department and Board shall have the authority to review the

HB2577 Engrossed- 30 -LRB100 10776 SMS 21007 b
1subject individual's record of treatment and counseling
2regarding the impairment to the extent permitted by applicable
3federal statutes and regulations safeguarding the
4confidentiality of medical records.
5 An individual licensed under this Act and affected under
6this Section shall be afforded an opportunity to demonstrate to
7the Department or Board that he or she can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of his or her license.
10 (f) A fine shall be paid within 60 days after the effective
11date of the order imposing the fine or in accordance with the
12terms set forth in the order imposing the fine.
13(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
14 (225 ILCS 55/91)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 91. Unlicensed practice; violation; civil penalty.
17 (a) Any person who practices, offers to practice, attempts
18to practice, or holds himself or herself out to practice as a
19licensed marriage and family therapist or an associate licensed
20marriage and family therapist without being licensed under this
21Act shall, in addition to any other penalty provided by law,
22pay a civil penalty to the Department in an amount not to
23exceed $10,000 for each offense, as determined by the
24Department. The civil penalty shall be assessed by the
25Department after a hearing is held in accordance with the

HB2577 Engrossed- 31 -LRB100 10776 SMS 21007 b
1provisions set forth in this Act regarding the provision of a
2hearing for the discipline of a licensee.
3 (b) The Department may investigate any and all unlicensed
4activity.
5 (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty. The
7order shall constitute a judgment and may be filed and
8execution had thereon in the same manner as any judgment from
9any court of record.
10(Source: P.A. 95-703, eff. 12-31-07.)
11 (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 95. Investigation; notice and hearing.
14 (a) The Department may investigate the actions or
15qualifications of any person or persons holding or claiming to
16hold a license under this Act.
17 (b) The Department shall, before disciplining an applicant
18or licensee, Before suspending, revoking, placing on
19probationary status, or taking any other disciplinary action as
20the Department may deem proper with regard to any license, at
21least 30 days before the date set for the hearing, the
22Department shall (i) notify the accused in writing of any
23charges made and the time and place for a hearing on the
24charges before the Board, (ii) direct him or her to file a
25written answer to the charges with the Board under oath within

HB2577 Engrossed- 32 -LRB100 10776 SMS 21007 b
120 days after the service on him or her of such notice, and
2(iii) inform the applicant or licensee that failure to him or
3her that if he or she fails to file an answer will result in a ,
4default being entered against the applicant or licensee will be
5taken against him or her and his or her license may be
6suspended, revoked, placed on probationary status, or other
7disciplinary action taken with regard to the license, including
8limiting the scope, nature, or extent of his or her practice,
9as the Department may deem proper.
10 (c) At the time and place fixed in the notice, the Board or
11hearing officer appointed by the Secretary shall proceed to
12hear the charges, and the parties or their counsel shall be
13accorded ample opportunity to present any pertinent
14statements, testimony, evidence, and arguments. The Board or
15hearing officer may continue the hearing from time to time. In
16case the person, after receiving notice, fails to file an
17answer, his or her license may, in the discretion of the
18Secretary having first received the recommendation of the
19Board, Department, be suspended, revoked, placed on
20probationary status, or be subject to the Department may take
21whatever disciplinary action the Secretary considers deemed
22proper, including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for such action under this Act.
26 (d) Written or electronic notice, and any notice in the

HB2577 Engrossed- 33 -LRB100 10776 SMS 21007 b
1subsequent proceeding, may be served by personal delivery,
2email, or by registered or certified mail to the applicant or
3licensee at his or her last address of record or email address
4of record. with the Department. In case the person fails to
5file an answer after receiving notice, his or her license may,
6in the discretion of the Department, be suspended, revoked, or
7placed on probationary status, or the Department may take
8whatever disciplinary action deemed proper, including limiting
9the scope, nature, or extent of the person's practice or the
10imposition of a fine, without a hearing, if the act or acts
11charged constitute sufficient grounds for such action under
12this Act. The written answer shall be served by personal
13delivery, certified delivery, or certified or registered mail
14to the Department. At the time and place fixed in the notice,
15the Department shall proceed to hear the charges and the
16parties or their counsel shall be accorded ample opportunity to
17present such statements, testimony, evidence, and argument as
18may be pertinent to the charges or to the defense thereto. The
19Department may continue such hearing from time to time. At the
20discretion of the Secretary after having first received the
21recommendation of the Board, the accused person's license may
22be suspended or revoked, if the evidence constitutes sufficient
23grounds for such action under this Act.
24(Source: P.A. 95-703, eff. 12-31-07.)
25 (225 ILCS 55/100) (from Ch. 111, par. 8351-100)

HB2577 Engrossed- 34 -LRB100 10776 SMS 21007 b
1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 100. Record of proceeding. The Department, at its
3expense, shall preserve a record of all proceedings at the
4formal hearing of any case. The notice of hearing, complaint
5and all other documents in the nature of pleadings and written
6motions filed in the proceedings, the transcript of testimony,
7the report of the Board and orders of the Department shall be
8in the record of the proceedings. The Department shall furnish
9a copy transcript of the record to any person interested in the
10hearing upon payment of the fee required under Section 2105-115
11of the Department of Professional Regulation Law (20 ILCS
122105/2105-115).
13(Source: P.A. 91-239, eff. 1-1-00.)
14 (225 ILCS 55/115) (from Ch. 111, par. 8351-115)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 115. Hearing; motion for rehearing Rehearing.
17 (a) The Board or the hearing officer appointed by the
18Secretary shall hear evidence in support of the formal charges
19and evidence produced by the licensee. At the conclusion of the
20hearing, the Board shall present to the Secretary a written
21report of its findings of fact, conclusions of law, and
22recommendations. If the Board fails to present its report, the
23applicant or licensee may request in writing a direct appeal to
24the Secretary, in which case the Secretary may issue an order
25based upon the report of the hearing officer and the record of

HB2577 Engrossed- 35 -LRB100 10776 SMS 21007 b
1the proceedings or issue an order remanding the matter back to
2the hearing officer for additional proceedings in accordance
3with the order.
4 (b) At the conclusion of the hearing, In any hearing
5involving disciplinary action against a licensee, a copy of the
6Board's or hearing officer's report shall be served upon the
7applicant or licensee respondent by the Department, either
8personally or as provided in this Act for the service of the
9notice of hearing. Within 20 calendar days after service, the
10applicant or licensee respondent may present to the Department
11a motion in writing for a rehearing that shall specify the
12particular grounds for rehearing. The Department may respond to
13the motion for rehearing within 20 calendar days after its
14service on the Department. If no motion for rehearing is filed,
15then upon the expiration of the time specified for filing a
16motion, or if a motion for rehearing is denied, then upon
17denial of a motion for rehearing, the Secretary may enter an
18order in accordance with recommendations of the Board or
19hearing officer , except as provided in this Act. If the
20applicant or licensee respondent orders from the reporting
21service, and pays for, a transcript of the record within the
22time for filing a motion for rehearing, the 20 calendar day
23period within which a motion may be filed shall commence upon
24the delivery of the transcript to the applicant or licensee
25respondent.
26 (c) If the Secretary disagrees in any regard with the

HB2577 Engrossed- 36 -LRB100 10776 SMS 21007 b
1report of the Board, the Secretary may issue an order contrary
2to the report.
3 (d) Whenever the Secretary is not satisfied that
4substantial justice has been done, the Secretary may order a
5rehearing by the same or another hearing officer.
6 (e) At any point in any investigation or disciplinary
7proceeding provided for in this Act, both parties may agree to
8a negotiated consent order. The consent order shall be final
9upon signature of the Secretary.
10(Source: P.A. 95-703, eff. 12-31-07.)
11 (225 ILCS 55/125) (from Ch. 111, par. 8351-125)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 125. Appointment of a hearing officer.
14Notwithstanding any other provision of this Act, the The
15Secretary has the authority to appoint any attorney duly
16licensed to practice law in the State of Illinois to serve as
17the hearing officer in any action for refusal to issue or renew
18a license, or to discipline a licensee. The hearing officer
19shall have has full authority to conduct the hearing. The
20hearing officer shall report his findings of fact, conclusions
21of law, and recommendations to the Board and the Secretary. The
22Board has 60 calendar days from receipt of the report to review
23the report of the hearing officer and present its findings of
24fact, conclusions of law and recommendations to the Secretary.
25If the Board fails to present its report within the 60 calendar

HB2577 Engrossed- 37 -LRB100 10776 SMS 21007 b
1day period, the respondent may request in writing a direct
2appeal to the Secretary, in which case the Secretary shall,
3within 7 calendar days after the request, issue an order
4directing the Board to issue its findings of fact, conclusions
5of law, and recommendations to the Secretary within 30 calendar
6days after such order. If the Board fails to issue its findings
7of fact, conclusions of law, and recommendations within that
8time frame to the Secretary after the entry of such order, the
9Secretary shall, within 30 calendar days thereafter, issue an
10order based upon the report of the hearing officer and the
11record of the proceedings or issue an order remanding the
12matter back to the hearing officer for additional proceedings
13in accordance with the order. If (i) a direct appeal is
14requested, (ii) the Board fails to issue its findings of fact,
15conclusions of law, and recommendations within the 30-day
16mandate from the Secretary or the Secretary fails to order the
17Board to do so, and (iii) the Secretary fails to issue an order
18within 30 calendar days thereafter, then the hearing officer's
19report is deemed accepted and a final decision of the
20Secretary. Notwithstanding any other provision of this
21Section, if the Secretary, upon review, determines that
22substantial justice has not been done in the revocation,
23suspension, or refusal to issue or renew a license or other
24disciplinary action taken as the result of the entry of the
25hearing officer's report, the Secretary may order a rehearing
26by the same or other examiners. If the Secretary disagrees with

HB2577 Engrossed- 38 -LRB100 10776 SMS 21007 b
1the recommendation of the Board or the hearing officer, the
2Secretary may issue an order in contravention of the
3recommendation.
4(Source: P.A. 95-703, eff. 12-31-07.)
5 (225 ILCS 55/135) (from Ch. 111, par. 8351-135)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 135. Restoration. At any time after the successful
8completion of a term of probation, suspension, or revocation of
9any license, the Department may restore the license to the
10licensee accused person, upon the written recommendation of the
11Board, unless after an investigation and a hearing the Board or
12Department determines that restoration is not in the public
13interest. Where circumstances of suspension or revocation so
14indicate, the Department may require an examination of the
15licensee prior to restoring his or her license. No person whose
16license has been revoked as authorized in this Act may apply
17for restoration of that license or permit until such time as
18provided for in the Civil Administrative Code of Illinois.
19(Source: P.A. 87-783.)
20 (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 145. Summary suspension. The Secretary may summarily
23suspend the license of a marriage and family therapist or an
24associate licensed marriage and family therapist without a

HB2577 Engrossed- 39 -LRB100 10776 SMS 21007 b
1hearing, simultaneously with the institution of proceedings
2for a hearing provided for in this Act, if the Secretary finds
3that evidence in his or her possession indicates that a
4marriage and family therapist's or associate licensed marriage
5and family therapist's continuation in practice would
6constitute an imminent danger to the public. In the event that
7the Secretary summarily suspends the license of a marriage and
8family therapist or an associate licensed marriage and family
9therapist without a hearing, a hearing by the Board or
10Department must be held within 30 calendar days after the
11suspension has occurred.
12(Source: P.A. 95-703, eff. 12-31-07.)
13 (225 ILCS 55/150) (from Ch. 111, par. 8351-150)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 150. Administrative Judicial review. All final
16administrative decisions of the Department are subject to
17judicial review under the Administrative Review Law and its
18rules. The term "administrative decision" is defined as in
19Section 3-101 of the Code of Civil Procedure.
20 Proceedings for judicial review shall be commenced in the
21circuit court of the county in which the party applying for
22review resides; but if the party is not a resident of this
23State, the venue shall be in Sangamon County.
24(Source: P.A. 87-783.)

HB2577 Engrossed- 40 -LRB100 10776 SMS 21007 b
1 (225 ILCS 55/155) (from Ch. 111, par. 8351-155)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 155. Certification of records. The Department shall
4not be required to certify any record to the court Court or
5file any answer in court or otherwise appear in any court in a
6judicial review proceeding, unless and until the Department has
7received from the plaintiff there is filed in the court, with
8the complaint, a receipt from the Department acknowledging
9payment of the costs of furnishing and certifying the record,
10which costs shall be determined by the Department. Failure on
11the part of the plaintiff to file such receipt in Court shall
12be grounds for dismissal of the action.
13(Source: P.A. 87-783.)
14 (225 ILCS 55/156)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 156. Confidentiality. All information collected by
17the Department in the course of an examination or investigation
18of a licensee or applicant, including, but not limited to, any
19complaint against a licensee filed with the Department and
20information collected to investigate any such complaint, shall
21be maintained for the confidential use of the Department and
22shall not be disclosed. The Department shall may not disclose
23the information to anyone other than law enforcement officials,
24other regulatory agencies that have an appropriate regulatory
25interest as determined by the Secretary, or a party presenting

HB2577 Engrossed- 41 -LRB100 10776 SMS 21007 b
1a lawful subpoena to the Department. Information and documents
2disclosed to a federal, State, county, or local law enforcement
3agency shall not be disclosed by the agency for any purpose to
4any other agency or person. A formal complaint filed against a
5licensee by the Department or any order issued by the
6Department against a licensee or applicant shall be a public
7record, except as otherwise prohibited by law.
8(Source: P.A. 99-227, eff. 8-3-15.)
9 (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 165. Illinois Administrative Procedure Act. The
12Illinois Administrative Procedure Act is expressly adopted and
13incorporated in this Act as if all of the provisions of that
14Act were included in this Act, except that the provision of
15paragraph (d) of Section 10-65 of the Illinois Administrative
16Procedure Act, which provides that at hearings the license
17holder has the right to show compliance with all lawful
18requirements for retention, continuation or renewal of the
19license certificate, is specifically excluded. For the purpose
20of this Act the notice required under Section 10-25 of the
21Illinois Administrative Procedure Act is deemed sufficient
22when mailed to the last known address of a party.
23(Source: P.A. 90-61, eff. 12-30-97.)
24 (225 ILCS 55/170) (from Ch. 111, par. 8351-170)

HB2577 Engrossed- 42 -LRB100 10776 SMS 21007 b
1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 170. Home rule. The regulation and licensing of
3marriage and family therapists and associate licensed marriage
4and family therapists are exclusive powers and functions of the
5State. A home rule unit may not regulate or license marriage
6and family therapists or associate marriage and family
7therapists. This Section is a denial and limitation of home
8rule powers and functions under subsection (h) of Section 6 of
9Article VII of the Illinois Constitution.
10(Source: P.A. 91-362, eff. 1-1-00.)
11 Section 15. The Youth Mental Health Protection Act is
12amended by changing Section 15 as follows:
13 (405 ILCS 48/15)
14 Sec. 15. Definitions. For the purposes of this Act:
15 "Mental health provider" means a clinical psychologist
16licensed under the Clinical Psychology Licensing Act; a school
17psychologist as defined in the School Code; a psychiatrist as
18defined in Section 1-121 of the Mental Health and Developmental
19Disabilities Code; a clinical social worker or social worker
20licensed under the Clinical Social Work and Social Work
21Practice Act; a marriage and family therapist or associate
22licensed marriage and family therapist licensed under the
23Marriage and Family Therapy Licensing Act; a professional
24counselor or clinical professional counselor licensed under

HB2577 Engrossed- 43 -LRB100 10776 SMS 21007 b
1the Professional Counselor and Clinical Professional Counselor
2Licensing and Practice Act; or any students, interns,
3volunteers, or other persons assisting or acting under the
4direction or guidance of any of these licensed professionals.
5 "Sexual orientation change efforts" or "conversion
6therapy" means any practices or treatments that seek to change
7an individual's sexual orientation, as defined by subsection
8(O-1) of Section 1-103 of the Illinois Human Rights Act,
9including efforts to change behaviors or gender expressions or
10to eliminate or reduce sexual or romantic attractions or
11feelings towards individuals of the same sex. "Sexual
12orientation change efforts" or "conversion therapy" does not
13include counseling or mental health services that provide
14acceptance, support, and understanding of a person without
15seeking to change sexual orientation or mental health services
16that facilitate a person's coping, social support, and gender
17identity exploration and development, including sexual
18orientation neutral interventions to prevent or address
19unlawful conduct or unsafe sexual practices, without seeking to
20change sexual orientation.
21(Source: P.A. 99-411, eff. 1-1-16.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
feedback