Bill Text: IL HB2577 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0372 [HB2577 Detail]
Download: Illinois-2017-HB2577-Enrolled.html
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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0372 [HB2577 Detail]
Download: Illinois-2017-HB2577-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Sections 4.28 and 4.37 as follows:
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6 | (5 ILCS 80/4.28) | ||||||
7 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||
8 | Acts 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repealed on January 1, 2018: | ||||||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 | ||||||
13 | Practice 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 | ||||||
19 | Act. | ||||||
20 | The Marriage and Family Therapy Licensing Act. | ||||||
21 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
22 | Act. | ||||||
23 | The Physician Assistant Practice Act of 1987. |
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1 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
2 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
3 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
4 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
5 | 96-328, eff. 8-11-09.)
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6 | (5 ILCS 80/4.37) | ||||||
7 | Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||||||
8 | The following Acts are repealed on January 1, 2027: | ||||||
9 | The Clinical Psychologist Licensing Act.
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10 | The Illinois Optometric Practice Act of 1987. | ||||||
11 | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
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12 | XXXI 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; | ||||||
16 | 99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
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17 | Section 10. The Marriage and Family Therapy Licensing Act | ||||||
18 | is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65, | ||||||
19 | 70, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156, | ||||||
20 | 165, and 170 and by adding Section 10.5 as follows:
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21 | (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
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22 | (Section scheduled to be repealed on January 1, 2018)
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23 | Sec. 10. Definitions. As used in this Act:
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1 | "Address of record" means the designated address recorded | ||||||
2 | by the Department in the applicant's application file or the | ||||||
3 | licensee's application file or license file maintained by the | ||||||
4 | Department's licensure maintenance unit. It is the duty of the | ||||||
5 | applicant or licensee to inform the Department of any change of | ||||||
6 | address, and such changes must be made either through the | ||||||
7 | Department's website or by contacting the Department's | ||||||
8 | licensure maintenance unit.
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9 | "Advertise" means, but is not limited to, issuing or | ||||||
10 | causing to
be distributed any card, sign or device to any | ||||||
11 | person; or causing,
permitting or allowing any sign or marking | ||||||
12 | on or in any building,
structure, newspaper, magazine or | ||||||
13 | directory, or on radio or television; or
advertising by any | ||||||
14 | other means designed to secure public attention.
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15 | "Approved program" means an approved comprehensive program | ||||||
16 | of study in
marriage and family therapy in a regionally | ||||||
17 | accredited educational institution
approved by the Department | ||||||
18 | for the training
of marriage and family therapists.
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19 | "Associate licensed marriage and family therapist" means a | ||||||
20 | person
to whom an associate licensed marriage and family | ||||||
21 | therapist license has been issued
under this Act.
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22 | "Board" means the Illinois Marriage and Family Therapy | ||||||
23 | Licensing and
Disciplinary Board.
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24 | "Department" means the Department of Financial and
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25 | Professional Regulation.
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26 | "Email address of record" means the designated email |
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1 | address recorded by the Department in the applicant's | ||||||
2 | application file or the licensee's license file, as maintained | ||||||
3 | by the Department's licensure maintenance unit. | ||||||
4 | "First qualifying degree" means the first master's or | ||||||
5 | doctoral 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 | ||||||
8 | and family
therapy under this Act, the qualifications for which | ||||||
9 | include specific
education, acceptable experience and | ||||||
10 | examination requirements.
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11 | "Licensed marriage and family therapist" means a person
to | ||||||
12 | whom a
marriage and family therapist license has been issued | ||||||
13 | under this Act.
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14 | "Marriage and family therapy" means the evaluation and | ||||||
15 | treatment of
mental and emotional problems within the context | ||||||
16 | of human relationships.
Marriage and family therapy involves | ||||||
17 | the use of psychotherapeutic methods
to ameliorate | ||||||
18 | interpersonal and intrapersonal conflict and to modify
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19 | perceptions, beliefs and behavior in areas of human life that | ||||||
20 | include, but
are not limited to, premarriage, marriage, | ||||||
21 | sexuality, family, divorce
adjustment, and parenting.
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22 | "Person" means any individual, firm, corporation, | ||||||
23 | partnership,
organization, or body politic.
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24 | "Practice of marriage and family therapy" means the | ||||||
25 | rendering of
marriage and family therapy services to | ||||||
26 | individuals, couples, and families
as defined in this Section, |
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1 | either singly or in groups, whether the
services are offered | ||||||
2 | directly to the general public or through
organizations, either | ||||||
3 | public or private, for a fee, monetary or otherwise.
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4 | "Secretary" means the Secretary of Financial and | ||||||
5 | Professional Regulation.
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6 | "Title or description" means to hold oneself out as a | ||||||
7 | licensed marriage
and family therapist or an associate licensed | ||||||
8 | marriage and family therapist
to the public by means of stating | ||||||
9 | on signs,
mailboxes, address plates, stationery, | ||||||
10 | announcements, calling cards or
other instruments of | ||||||
11 | professional identification.
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12 | (Source: P.A. 95-703, eff. 12-31-07.)
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13 | (225 ILCS 55/10.5 new) | ||||||
14 | Sec. 10.5. Address of record; email address of record. All | ||||||
15 | applicants 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.
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24 | (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
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1 | (Section scheduled to be repealed on January 1, 2018)
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2 | Sec. 15. Exemptions.
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3 | (a) Nothing contained in this Act shall restrict any person | ||||||
4 | not licensed
under this Act from performing marriage and family | ||||||
5 | therapy if that person
does not represent himself or herself as | ||||||
6 | a "licensed marriage and family
therapist" or an "associate | ||||||
7 | licensed marriage and family therapist".
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8 | (b) Nothing in this Act shall be construed as permitting | ||||||
9 | persons
licensed as marriage and family therapists and | ||||||
10 | associate licensed marriage and family therapists to engage in | ||||||
11 | any manner in the
practice of medicine as defined in the laws | ||||||
12 | of this State.
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13 | (c) Nothing in this Act shall be construed to prevent | ||||||
14 | qualified members
of other professional groups, including but | ||||||
15 | not limited to
clinical psychologists, social workers, | ||||||
16 | counselors, attorneys at law, or
psychiatric nurses, from | ||||||
17 | performing or advertising that they perform the
work of a | ||||||
18 | marriage and family therapist consistent with the laws of this
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19 | State, their training, and any code of ethics of their | ||||||
20 | respective
professions, provided they do not represent | ||||||
21 | themselves by any title or
description as a licensed marriage | ||||||
22 | and family therapist or an associate
licensed marriage and | ||||||
23 | family therapist.
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24 | (d) Nothing in this Act shall be construed to prevent any | ||||||
25 | person from
the bona fide practice of the doctrines of an | ||||||
26 | established church or
religious denomination if the person does |
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1 | not hold himself or herself out
to be a licensed marriage and | ||||||
2 | family therapist or an associate licensed
marriage and family | ||||||
3 | therapist.
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4 | (e) Nothing in this Act shall prohibit self-help groups or | ||||||
5 | programs or
not-for-profit organizations from providing | ||||||
6 | services so long as these
groups, programs, or organizations do | ||||||
7 | not hold themselves out as practicing
or being able to practice | ||||||
8 | marriage and family therapy.
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9 | (f) This Act does not prohibit:
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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
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14 | performing those duties for which he or she was employed by | ||||||
15 | the
institution, agency or facility.
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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".
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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 |
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1 | designated by a title that clearly indicates
training | ||||||
2 | status.
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3 | (4) A person licensed in this State under any other Act | ||||||
4 | from engaging
the practice for which he or she is licensed.
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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
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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.
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17 | (Source: P.A. 91-362, eff. 1-1-00 .)
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18 | (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
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19 | (Section scheduled to be repealed on January 1, 2018)
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20 | Sec. 20. Powers and duties of the Department. Subject to | ||||||
21 | the
provisions of this Act, the Department shall exercise the | ||||||
22 | following
functions, powers, and duties:
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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 |
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1 | qualified.
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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 .
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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 .
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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 .
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16 | (d) Conduct investigations related to possible | ||||||
17 | violations Promulgate rules required for the | ||||||
18 | administration
of this Act.
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19 | The Board may make recommendations on matters relating to | ||||||
20 | continuing
education, including the number of hours necessary | ||||||
21 | for license renewal, waivers
for those unable to meet the | ||||||
22 | requirements, and acceptable course content.
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23 | (Source: P.A. 90-61, eff. 12-30-97 .)
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24 | (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
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25 | (Section scheduled to be repealed on January 1, 2018)
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1 | Sec. 25. Marriage and Family Therapy Licensing and | ||||||
2 | Disciplinary Board.
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3 | (a) The Secretary shall appoint a There is established | ||||||
4 | within the Department the Marriage and
Family Therapy Licensing | ||||||
5 | and Disciplinary Board to be appointed by the
Secretary . The | ||||||
6 | Board shall be composed of 7 persons who shall serve in an
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7 | advisory capacity to the Secretary. The Board shall annually | ||||||
8 | elect a chairperson and a
vice chairperson.
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9 | (b) In appointing members of the Board, the Secretary
shall | ||||||
10 | give due
consideration to recommendations by members of the | ||||||
11 | profession of marriage
and family therapy and by the statewide | ||||||
12 | organizations solely representing
the interests of marriage | ||||||
13 | and family therapists.
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14 | (c) Five members of the Board shall be marriage and family
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15 | therapists who have been in active practice for at least 5 | ||||||
16 | years immediately
preceding their appointment, or engaged in | ||||||
17 | the education and training of
masters, doctoral, or | ||||||
18 | post-doctoral students of marriage and family
therapy,
or | ||||||
19 | engaged in marriage and family therapy research. Each marriage | ||||||
20 | or
family therapy teacher or researcher shall have spent the | ||||||
21 | majority of the
time devoted to the study or research of | ||||||
22 | marriage and family therapy during
the 2 years immediately | ||||||
23 | preceding his or her appointment to the Board. The appointees | ||||||
24 | shall be licensed under this Act.
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25 | (d) Two members shall be representatives of the general | ||||||
26 | public who have no
direct affiliation or work experience with |
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1 | the practice of marriage and
family therapy and who clearly | ||||||
2 | represent consumer interests.
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3 | (e) Board members shall
be appointed for terms of 4 years | ||||||
4 | each, except that any person chosen to
fill a vacancy shall be | ||||||
5 | appointed only for the unexpired term of the Board
member whom | ||||||
6 | he or she shall succeed. Upon the expiration of this term of
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7 | office, a Board member shall continue to serve until a | ||||||
8 | successor is
appointed and qualified. No member shall serve | ||||||
9 | more than 2 consecutive 4-year terms be reappointed to the | ||||||
10 | Board for
a term that would cause continuous service on the | ||||||
11 | Board to be longer than 8
years .
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12 | (f) The membership of the Board shall reasonably reflect | ||||||
13 | representation
from the various geographic areas of the State.
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14 | (g) Members of the Board shall have no liability be immune | ||||||
15 | from suit in any action based
upon any disciplinary proceedings | ||||||
16 | or other activities performed in good
faith as members of the | ||||||
17 | Board.
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18 | (h) The Secretary
may remove any member of the Board for | ||||||
19 | any cause that,
in the opinion of the Secretary, reasonably | ||||||
20 | justifies termination.
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21 | (i) The Secretary
may consider the recommendations of the
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22 | Board on questions of standards of professional conduct, | ||||||
23 | discipline, and
qualification of candidates or licensees under | ||||||
24 | this Act.
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25 | (j) The members of the Board shall be reimbursed for all | ||||||
26 | legitimate,
necessary, and authorized expenses.
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1 | (k) A majority of the Board members currently appointed | ||||||
2 | shall constitute a
quorum. A vacancy in the membership of the | ||||||
3 | Board shall not impair the right of
a quorum to exercise all | ||||||
4 | the rights and perform all the duties of the Board.
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5 | (Source: P.A. 95-703, eff. 12-31-07.)
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6 | (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 30. Application.
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9 | (a) Applications for original licensure shall be made to | ||||||
10 | the Department
in writing on forms or electronically as | ||||||
11 | prescribed by the Department and shall be accompanied
by the | ||||||
12 | appropriate documentation and the required fee, which shall not | ||||||
13 | be refundable fee is
nonrefundable . Any application shall | ||||||
14 | require such information as, in the
judgment of the Department, | ||||||
15 | will enable the Department to pass on the
qualifications of the | ||||||
16 | applicant for licensing.
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17 | (b) Applicants have 3 years from the date of application to | ||||||
18 | complete the
application process. If the application has not | ||||||
19 | been completed within 3 years,
the application shall be denied, | ||||||
20 | the fee shall be forfeited, and the applicant
must reapply and | ||||||
21 | meet the requirements in effect at the time of reapplication.
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22 | (c) A license shall not be denied to an applicant because | ||||||
23 | of the applicant's
race, religion, creed, national origin, | ||||||
24 | political beliefs or activities, age,
sex, sexual orientation, | ||||||
25 | or physical disability that does not affect a person's ability |
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1 | to practice with reasonable judgment, skill, or safety.
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2 | (Source: P.A. 95-703, eff. 12-31-07 .)
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3 | (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
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4 | (Section scheduled to be repealed on January 1, 2018)
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5 | Sec. 40. Qualifications for licensure.
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6 | (a) A person is qualified for licensure as a marriage and | ||||||
7 | family therapist
if that person:
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8 | (1) is at least 21 years of age;
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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 | ||||||
20 | issued a marriage
and family therapist license by
the | ||||||
21 | Department if the person meets the qualifications set forth in | ||||||
22 | subsection
(a) of this Section and provides evidence to the | ||||||
23 | Department 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 |
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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 | ||||||
21 | issued a temporary
license as an associate licensed marriage | ||||||
22 | and family therapist by the Department if the
person meets the | ||||||
23 | qualifications set forth in subsection (a)(1), (2), and (4) of
| ||||||
24 | this Section and provides evidence to the Department that the | ||||||
25 | person meets the
qualifications set forth in subsection (b)(1) | ||||||
26 | of this Section. A person granted licensure as an associate |
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| |||||||
1 | licensed marriage and family therapist is eligible to sit for | ||||||
2 | the written examination specified in paragraph (6) of | ||||||
3 | subsection (a) of this Section. The license as
an associate | ||||||
4 | licensed marriage and family therapist shall not be valid for | ||||||
5 | more
than 5 years.
| ||||||
6 | An associate licensed marriage and family therapist may not | ||||||
7 | practice
independently and must be clinically supervised by a | ||||||
8 | licensed marriage and
family therapist or equivalent as defined | ||||||
9 | by rule.
| ||||||
10 | An associate licensed marriage and family therapist may | ||||||
11 | petition the
Department for a marriage and family therapist | ||||||
12 | license upon completion of the
requirements in subsections (a) | ||||||
13 | and (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 | ||||||
18 | military service.
| ||||||
19 | (a) The expiration date and renewal period for each license | ||||||
20 | issued under
this Act shall be set by rule. As a condition for | ||||||
21 | renewal of a license, the
licensee shall be required to | ||||||
22 | complete continuing education under requirements
set forth in | ||||||
23 | rules of the Department.
| ||||||
24 | (b) Any person who has permitted his or her license to | ||||||
25 | expire may have his
or her
license restored by making |
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| |||||||
1 | application to the Department and filing
proof acceptable to | ||||||
2 | the Department of fitness to have his or her license
restored, | ||||||
3 | which may include sworn evidence certifying to active practice | ||||||
4 | in
another jurisdiction satisfactory to the Department, | ||||||
5 | complying with any
continuing education requirements, and | ||||||
6 | paying the required restoration fee.
| ||||||
7 | (c) If the person has not maintained an active practice in | ||||||
8 | another
jurisdiction satisfactory to the Department, the Board | ||||||
9 | shall determine, by
an evaluation program established by rule, | ||||||
10 | the person's fitness to resume
active status and may require | ||||||
11 | the person to complete a period of evaluated
clinical | ||||||
12 | experience and successful completion of a practical | ||||||
13 | examination.
| ||||||
14 | However, any person whose license expired while he or she | ||||||
15 | has been engaged (i) in federal
service on active duty with the | ||||||
16 | Armed Forces of the United States or
called into service or | ||||||
17 | training with the State Militia, or (ii) in training
or | ||||||
18 | education under the supervision of the United States | ||||||
19 | preliminary to
induction into the military service may have his | ||||||
20 | or her license renewed or
restored without paying any lapsed | ||||||
21 | renewal fees if, within 2 years after
honorable termination of | ||||||
22 | the service, training or education, except under
condition | ||||||
23 | other than honorable, he or she furnishes the Department with
| ||||||
24 | satisfactory evidence to the effect that he or she has been so | ||||||
25 | engaged and that
the service, training, or education has been | ||||||
26 | so terminated.
|
| |||||||
| |||||||
1 | (d) Any person who notifies the Department, in writing on | ||||||
2 | forms
prescribed by the Department, may place his or her | ||||||
3 | license on inactive
status and shall be excused from the | ||||||
4 | payment of renewal fees until the
person notifies the | ||||||
5 | Department in writing of the intention to resume
active | ||||||
6 | practice.
| ||||||
7 | (e) Any person requesting his or her license be changed | ||||||
8 | from inactive to
active status shall be required to pay the | ||||||
9 | current renewal fee and shall
also demonstrate compliance with | ||||||
10 | the continuing education requirements.
| ||||||
11 | (f) Any marriage and family therapist or associate licensed | ||||||
12 | marriage and family
therapist whose license is nonrenewed or on | ||||||
13 | inactive status shall not engage
in the practice of marriage | ||||||
14 | and family therapy in the State of Illinois and use
the title | ||||||
15 | or advertise that he or she performs the services of a | ||||||
16 | "licensed
marriage and family therapist" or an "associate | ||||||
17 | licensed marriage and family
therapist".
| ||||||
18 | (g) Any person violating subsection (f) of this Section | ||||||
19 | shall be
considered to be practicing without a license and will | ||||||
20 | be 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 |
| |||||||
| |||||||
1 | a
licensed marriage and family therapist, without the required | ||||||
2 | examination,
to an applicant licensed under the laws of another | ||||||
3 | state if the
requirements for licensure in that state are, on | ||||||
4 | the date of licensure,
substantially equivalent equal to the | ||||||
5 | requirements of this Act or to a person who, at
the time of his | ||||||
6 | or her application for licensure, possessed individual
| ||||||
7 | qualifications that were
substantially equivalent to the | ||||||
8 | requirements then in force in this State. An
applicant under
| ||||||
9 | this Section shall pay all of the required fees.
| ||||||
10 | Applicants have 3 years from the date of application to | ||||||
11 | complete the
application process. If the process has not been | ||||||
12 | completed within the 3
years, the application shall be denied, | ||||||
13 | the fee shall be forfeited, and the
applicant
must reapply and | ||||||
14 | meet 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 | ||||||
20 | licensed marriage and
family therapist shall disclose any
| ||||||
21 | information acquired from persons consulting the marriage and | ||||||
22 | family
therapist or associate licensed marriage and family | ||||||
23 | therapist in a professional
capacity, except that which may be | ||||||
24 | voluntarily
disclosed under the following circumstances:
| ||||||
25 | (1) In the course of formally reporting, conferring, or |
| |||||||
| |||||||
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 | ||||||
23 | participates in
providing marriage and family therapy services | ||||||
24 | or who, in providing any
human services, is supervised by a | ||||||
25 | licensed marriage and family therapist,
is similarly bound to | ||||||
26 | regard all information and communications as
privileged in |
| |||||||
| |||||||
1 | accord with this Section.
| ||||||
2 | (c) The Mental Health and Developmental Disabilities | ||||||
3 | Confidentiality Act
is incorporated in this Act as if all of | ||||||
4 | its 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 | ||||||
9 | organization association, partnership, or professional limited | ||||||
10 | liability company shall provide, attempt to provide, or offer | ||||||
11 | to provide marriage and family therapy services unless every | ||||||
12 | member, partner, shareholder, director, officer, holder of any | ||||||
13 | other ownership interest, agent, and employee of the | ||||||
14 | association, partnership, or professional limited liability | ||||||
15 | company who practices marriage and family therapy or who | ||||||
16 | renders marriage and family therapy services holds a currently | ||||||
17 | valid current license issued under this Act. No business shall | ||||||
18 | be created that (1) has a stated purpose that includes marriage | ||||||
19 | and family therapy, or (2) practices or holds itself out as | ||||||
20 | available to practice provide, attempt to provide, or offer to | ||||||
21 | provide
marriage and family therapy , services unless it is | ||||||
22 | organized under the Professional
Service Corporation Act or | ||||||
23 | Professional Limited Liability Company Act. Nothing in this Act | ||||||
24 | shall preclude individuals licensed under this Act from | ||||||
25 | practicing directly or indirectly for a physician licensed to |
| |||||||
| |||||||
1 | practice medicine in all its branches under the Medical | ||||||
2 | Practice Act of 1987 or for any legal entity as provided under | ||||||
3 | subsection (c) of Section 22.2 of the Medical Practice Act of | ||||||
4 | 1987.
| ||||||
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 | ||||||
9 | names and
addresses of all persons who hold valid licenses | ||||||
10 | under this Act and all persons whose
licenses have been | ||||||
11 | suspended or revoked within the previous year . This
roster | ||||||
12 | shall be available upon request and payment of the required | ||||||
13 | fee.
| ||||||
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 , | ||||||
19 | or may revoke a
license , or may suspend, reprimand, place on | ||||||
20 | probation, fine, or take any other
disciplinary or | ||||||
21 | non-disciplinary action as the Department may deem proper, | ||||||
22 | including the imposition of fines not
to exceed $10,000
for | ||||||
23 | each violation, with regard to any license issued under the | ||||||
24 | provisions of this Act licensee for any one or
combination of |
| |||||||
| |||||||
1 | the 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.
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
4 | or renewal, without
hearing, under this Act to any person who | ||||||
5 | has defaulted on an
educational loan guaranteed by the Illinois | ||||||
6 | Student Assistance Commission;
however, the Department may | ||||||
7 | issue a license or renewal if the person in default
has | ||||||
8 | established a satisfactory repayment record as determined by | ||||||
9 | the Illinois
Student Assistance Commission.
| ||||||
10 | (c) The determination by a circuit court that a licensee is | ||||||
11 | subject to
involuntary admission or judicial admission, as | ||||||
12 | provided in the Mental
Health and Developmental Disabilities | ||||||
13 | Code, operates as an automatic
suspension. The suspension will | ||||||
14 | terminate only upon a finding by a court
that the patient is no | ||||||
15 | longer subject to involuntary admission or judicial
admission | ||||||
16 | and the issuance of an order so finding and discharging the
| ||||||
17 | patient, and upon the recommendation of the Board to the | ||||||
18 | Secretary
that the
licensee be allowed to resume his or her | ||||||
19 | practice as a licensed marriage
and family therapist or an | ||||||
20 | associate licensed marriage and family therapist.
| ||||||
21 | (d) The Department shall may refuse to issue or may suspend | ||||||
22 | the license of any
person who fails to file a return, pay the | ||||||
23 | tax, penalty, or interest shown
in a filed return or pay any | ||||||
24 | final assessment of tax, penalty, or interest,
as required by | ||||||
25 | any tax Act administered by the Illinois Department of
Revenue, | ||||||
26 | until the time the requirements of the tax Act are satisfied.
|
| |||||||
| |||||||
1 | (e) In enforcing this Section, the Department or Board upon | ||||||
2 | a showing of a
possible
violation may compel an individual | ||||||
3 | licensed to practice under this Act, or
who has applied for | ||||||
4 | licensure under this Act, to submit
to a mental or physical | ||||||
5 | examination, or both, which may include a substance abuse or | ||||||
6 | sexual offender evaluation, as required by and at the expense
| ||||||
7 | of the Department. | ||||||
8 | The Department shall specifically designate the examining | ||||||
9 | physician licensed to practice medicine in all of its branches | ||||||
10 | or, if applicable, the multidisciplinary team involved in | ||||||
11 | providing the mental or physical examination or both. The | ||||||
12 | multidisciplinary team shall be led by a physician licensed to | ||||||
13 | practice medicine in all of its branches and may consist of one | ||||||
14 | or more or a combination of physicians licensed to practice | ||||||
15 | medicine in all of its branches, licensed clinical | ||||||
16 | psychologists, licensed clinical social workers, licensed | ||||||
17 | clinical professional counselors, licensed marriage and family | ||||||
18 | therapists, and other professional and administrative staff. | ||||||
19 | Any examining physician or member of the multidisciplinary team | ||||||
20 | may require any person ordered to submit to an examination and | ||||||
21 | evaluation pursuant to this Section to submit to any additional | ||||||
22 | supplemental testing deemed necessary to complete any | ||||||
23 | examination or evaluation process, including, but not limited | ||||||
24 | to, blood testing, urinalysis, psychological testing, or | ||||||
25 | neuropsychological testing. | ||||||
26 | The Department may order the examining physician or any |
| |||||||
| |||||||
1 | member of the multidisciplinary team to provide to the | ||||||
2 | Department any and all records, including business records, | ||||||
3 | that relate to the examination and evaluation, including any | ||||||
4 | supplemental testing performed. | ||||||
5 | The Department or Board may order the examining physician | ||||||
6 | or any member of the multidisciplinary team to
present
| ||||||
7 | testimony concerning the mental or physical examination of the | ||||||
8 | licensee or
applicant. No information , report, record, or other | ||||||
9 | documents in any way related to the examination shall be | ||||||
10 | excluded by reason of any common law or
statutory privilege | ||||||
11 | relating to communications between the licensee or
applicant | ||||||
12 | and the examining physician or any member of the | ||||||
13 | multidisciplinary team. No authorization is necessary from the | ||||||
14 | licensee or applicant ordered to undergo an examination for the | ||||||
15 | examining physician or any member of the multidisciplinary team | ||||||
16 | to provide information, reports, records, or other documents or | ||||||
17 | to provide any testimony regarding the examination and | ||||||
18 | evaluation . The examining
physicians
shall be specifically | ||||||
19 | designated by the Board or Department. | ||||||
20 | The individual to be examined may have, at his or her own | ||||||
21 | expense, another
physician of his or her choice present during | ||||||
22 | all
aspects of this examination. However, that physician shall | ||||||
23 | be present only to observe and may not interfere in any way | ||||||
24 | with the examination. | ||||||
25 | Failure of an individual to submit to a mental
or
physical | ||||||
26 | examination, when ordered directed , shall result in an |
| |||||||
| |||||||
1 | automatic be grounds for suspension of his or
her
license until | ||||||
2 | the individual submits to the examination if the Department
| ||||||
3 | finds,
after notice and hearing, that the refusal to submit to | ||||||
4 | the examination was
without reasonable cause .
| ||||||
5 | If the Department or Board finds an individual unable to | ||||||
6 | practice because of
the
reasons
set forth in this Section, the | ||||||
7 | Department or Board may require that individual
to submit
to
| ||||||
8 | care, counseling, or treatment by physicians approved
or | ||||||
9 | designated by the Department or Board, as a condition, term, or | ||||||
10 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
11 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
12 | Department may file, or
the Board may recommend to the | ||||||
13 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
14 | or otherwise discipline the license of the individual.
An | ||||||
15 | individual whose
license was granted, continued, reinstated, | ||||||
16 | renewed, disciplined or supervised
subject to such terms, | ||||||
17 | conditions, or restrictions, and who fails to comply
with
such | ||||||
18 | terms, conditions, or restrictions, shall be referred to the | ||||||
19 | Secretary
for
a
determination as to whether the individual | ||||||
20 | shall have his or her license
suspended immediately, pending a | ||||||
21 | hearing by the Department.
| ||||||
22 | In instances in which the Secretary
immediately suspends a | ||||||
23 | person's license
under this Section, a hearing on that person's | ||||||
24 | license must be convened by
the Department within 30
days after | ||||||
25 | the suspension and completed without
appreciable
delay.
The | ||||||
26 | Department and Board shall have the authority to review the |
| |||||||
| |||||||
1 | subject
individual's record of
treatment and counseling | ||||||
2 | regarding the impairment to the extent permitted by
applicable | ||||||
3 | federal statutes and regulations safeguarding the | ||||||
4 | confidentiality of
medical records.
| ||||||
5 | An individual licensed under this Act and affected under | ||||||
6 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
7 | the Department or Board that he or
she can resume
practice in | ||||||
8 | compliance with acceptable and prevailing standards under the
| ||||||
9 | provisions of his or her license.
| ||||||
10 | (f) A fine shall be paid within 60 days after the effective | ||||||
11 | date of the order imposing the fine or in accordance with the | ||||||
12 | terms 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 | ||||||
18 | to practice, or holds himself or herself out to practice as a | ||||||
19 | licensed marriage and family therapist or an associate licensed | ||||||
20 | marriage and family therapist without being licensed under this | ||||||
21 | Act shall, in addition to any other penalty provided by law, | ||||||
22 | pay a civil penalty to the Department in an amount not to | ||||||
23 | exceed $10,000 for each offense, as determined by the | ||||||
24 | Department. The civil penalty shall be assessed by the | ||||||
25 | Department after a hearing is held in accordance with the |
| |||||||
| |||||||
1 | provisions set forth in this Act regarding the provision of a | ||||||
2 | hearing for the discipline of a licensee. | ||||||
3 | (b) The Department may investigate any and all unlicensed | ||||||
4 | activity. | ||||||
5 | (c) The civil penalty shall be paid within 60 days after | ||||||
6 | the effective date of the order imposing the civil penalty. The | ||||||
7 | order shall constitute a judgment and may be filed and | ||||||
8 | execution had thereon in the same manner as any judgment from | ||||||
9 | any 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 | ||||||
15 | qualifications of any person or persons holding or claiming to
| ||||||
16 | hold a license under this Act . | ||||||
17 | (b) The Department shall, before disciplining an applicant | ||||||
18 | or licensee, Before suspending, revoking, placing on | ||||||
19 | probationary status,
or taking any other disciplinary action as | ||||||
20 | the Department may deem proper with
regard to any license, at | ||||||
21 | least 30 days before the date set for the hearing,
the | ||||||
22 | Department shall (i)
notify the accused in writing of any | ||||||
23 | charges made and the time and place for a
hearing on the | ||||||
24 | charges before the Board , (ii) direct him or her to file a
| ||||||
25 | written answer to the charges with the Board under oath within |
| |||||||
| |||||||
1 | 20 days after
the service on him or her of such notice, and | ||||||
2 | (iii) inform the applicant or licensee that failure to him or | ||||||
3 | her that if
he or she fails to file an answer will result in a , | ||||||
4 | default being entered against the applicant or licensee will be | ||||||
5 | taken against him or her and
his or her license may be | ||||||
6 | suspended, revoked, placed on probationary status, or
other | ||||||
7 | disciplinary action taken with regard to the license, including | ||||||
8 | limiting
the scope, nature, or extent
of his or her practice, | ||||||
9 | as the Department may deem proper . | ||||||
10 | (c) At the time and place fixed in the notice, the Board or | ||||||
11 | hearing officer appointed by the Secretary shall proceed to | ||||||
12 | hear the charges, and the parties or their counsel shall be | ||||||
13 | accorded ample opportunity to present any pertinent | ||||||
14 | statements, testimony, evidence, and arguments. The Board or | ||||||
15 | hearing officer may continue the hearing from time to time. In | ||||||
16 | case the person,
after receiving notice, fails to file an | ||||||
17 | answer, his or her license may, in the
discretion of the | ||||||
18 | Secretary having first received the recommendation of the | ||||||
19 | Board, Department , be suspended, revoked,
placed on | ||||||
20 | probationary status, or be subject to the Department may take | ||||||
21 | whatever disciplinary
action the Secretary considers deemed | ||||||
22 | proper, including limiting the scope, nature, or extent of the
| ||||||
23 | person's practice or the imposition of a fine, without a | ||||||
24 | hearing, if the act or
acts charged constitute sufficient | ||||||
25 | grounds for such action under this Act.
| ||||||
26 | (d) Written or electronic
notice , and any notice in the |
| |||||||
| |||||||
1 | subsequent proceeding, may be served by personal
delivery , | ||||||
2 | email, or by registered or certified mail to the
applicant or | ||||||
3 | licensee at his or her last address of record or email address | ||||||
4 | of record. with
the
Department. In case the person fails to | ||||||
5 | file an answer after receiving notice,
his or her license may, | ||||||
6 | in the discretion of the Department,
be
suspended, revoked, or | ||||||
7 | placed on probationary status, or the Department may
take | ||||||
8 | whatever disciplinary action deemed proper, including limiting | ||||||
9 | the
scope, nature, or extent of the person's practice or the | ||||||
10 | imposition of a
fine, without a hearing, if the act or acts | ||||||
11 | charged constitute sufficient
grounds for such action under | ||||||
12 | this Act. The written answer shall be served by
personal | ||||||
13 | delivery, certified delivery, or certified or registered mail | ||||||
14 | to
the Department. At the time and place fixed in the notice, | ||||||
15 | the Department
shall proceed to hear the charges and the | ||||||
16 | parties or their counsel shall be
accorded ample opportunity to | ||||||
17 | present such statements, testimony, evidence,
and argument as | ||||||
18 | may be pertinent to the charges or to the defense thereto. The
| ||||||
19 | Department may continue such hearing from time to time. At the | ||||||
20 | discretion of
the Secretary
after having first received the | ||||||
21 | recommendation of the Board, the
accused person's license may | ||||||
22 | be suspended
or revoked, if
the evidence constitutes sufficient | ||||||
23 | grounds 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)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 100. Record of proceeding. The Department, at its | ||||||
3 | expense,
shall preserve a record of all proceedings at the | ||||||
4 | formal hearing of any
case. The notice of hearing, complaint | ||||||
5 | and all other documents in the
nature of pleadings and written | ||||||
6 | motions filed in the proceedings, the
transcript of testimony, | ||||||
7 | the report of the Board and orders of the
Department shall be | ||||||
8 | in the record of the proceedings. The Department shall
furnish | ||||||
9 | a copy transcript of the record to any person interested in the | ||||||
10 | hearing upon
payment of the fee required under Section 2105-115 | ||||||
11 | of the
Department of Professional Regulation Law (20 ILCS | ||||||
12 | 2105/2105-115).
| ||||||
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 | ||||||
18 | Secretary shall hear evidence in support of the formal charges | ||||||
19 | and evidence produced by the licensee. At the conclusion of the | ||||||
20 | hearing, the Board shall present to the Secretary a written | ||||||
21 | report of its findings of fact, conclusions of law, and | ||||||
22 | recommendations. If the Board fails to present its report, the | ||||||
23 | applicant or licensee may request in writing a direct appeal to | ||||||
24 | the Secretary, in which case the Secretary may issue an order | ||||||
25 | based upon the report of the hearing officer and the record of |
| |||||||
| |||||||
1 | the proceedings or issue an order remanding the matter back to | ||||||
2 | the hearing officer for additional proceedings in accordance | ||||||
3 | with the order. | ||||||
4 | (b) At the conclusion of the hearing, In any hearing | ||||||
5 | involving disciplinary action
against a licensee, a copy of the | ||||||
6 | Board's or hearing officer's report shall be
served upon the | ||||||
7 | applicant or licensee respondent by the Department, either | ||||||
8 | personally or as provided
in this Act for the service of the | ||||||
9 | notice of hearing. Within 20 calendar days
after service, the | ||||||
10 | applicant or licensee respondent may present to the Department | ||||||
11 | a motion in writing
for a rehearing that shall specify the | ||||||
12 | particular grounds for rehearing. The Department may respond to | ||||||
13 | the motion for rehearing within 20 calendar days after its | ||||||
14 | service on the Department. If no
motion for rehearing is filed, | ||||||
15 | then upon the expiration of the time specified
for filing a | ||||||
16 | motion, or if a motion for rehearing is denied, then upon | ||||||
17 | denial of a motion for rehearing ,
the Secretary
may enter an | ||||||
18 | order in accordance with recommendations of the
Board or | ||||||
19 | hearing officer , except as provided in this Act . If the | ||||||
20 | applicant or licensee respondent orders from the
reporting | ||||||
21 | service, and pays for, a transcript of the record within the | ||||||
22 | time for
filing a motion for rehearing, the 20 calendar day | ||||||
23 | period within which a motion
may be filed shall commence upon | ||||||
24 | the delivery of the transcript to the applicant or licensee
| ||||||
25 | respondent .
| ||||||
26 | (c) If the Secretary disagrees in any regard with the |
| |||||||
| |||||||
1 | report of the Board, the Secretary may issue an order contrary | ||||||
2 | to the report. | ||||||
3 | (d) Whenever the Secretary is not satisfied that | ||||||
4 | substantial justice has been done, the Secretary may order a | ||||||
5 | rehearing by the same or another hearing officer. | ||||||
6 | (e) At any point in any investigation or disciplinary | ||||||
7 | proceeding provided for in this Act, both parties may agree to | ||||||
8 | a negotiated consent order. The consent order shall be final | ||||||
9 | upon 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. | ||||||
14 | Notwithstanding any other provision of this Act, the The | ||||||
15 | Secretary
has the
authority to appoint any attorney duly | ||||||
16 | licensed to practice law in the
State of Illinois to serve as | ||||||
17 | the hearing officer in any action for refusal
to issue or renew | ||||||
18 | a license, or to discipline a licensee. The hearing
officer | ||||||
19 | shall have has full authority to conduct the hearing. The | ||||||
20 | hearing officer
shall report his findings of fact, conclusions | ||||||
21 | of law, and recommendations to the Board and the
Secretary. The | ||||||
22 | Board
has 60 calendar days from receipt of the report to
review | ||||||
23 | the report of the hearing officer and present its findings of | ||||||
24 | fact,
conclusions of law and recommendations to the Secretary. | ||||||
25 | If the Board fails
to present its report within the 60 calendar |
| |||||||
| |||||||
1 | day period, the respondent may request in writing a direct | ||||||
2 | appeal to the Secretary, in which case the Secretary shall, | ||||||
3 | within 7 calendar days after the request, issue an order | ||||||
4 | directing the Board to issue its findings of fact, conclusions | ||||||
5 | of law, and recommendations to the Secretary within 30 calendar | ||||||
6 | days after such order. If the Board fails to issue its findings | ||||||
7 | of fact, conclusions of law, and recommendations within that | ||||||
8 | time frame to the Secretary after the entry of such order, the | ||||||
9 | Secretary shall, within 30 calendar days thereafter, issue an | ||||||
10 | order based upon the report of the hearing officer and the | ||||||
11 | record of the proceedings or issue an order remanding the | ||||||
12 | matter back to the hearing officer for additional proceedings | ||||||
13 | in accordance with the order. If (i) a direct appeal is | ||||||
14 | requested, (ii) the Board fails to issue its findings of fact, | ||||||
15 | conclusions of law, and recommendations within the 30-day | ||||||
16 | mandate from the Secretary or the Secretary fails to order the | ||||||
17 | Board to do so, and (iii) the Secretary fails to issue an order | ||||||
18 | within 30 calendar days thereafter, then the hearing officer's | ||||||
19 | report is deemed accepted and a final decision of the | ||||||
20 | Secretary. Notwithstanding any other provision of this | ||||||
21 | Section, if the Secretary, upon review, determines that | ||||||
22 | substantial justice has not been done in the revocation, | ||||||
23 | suspension, or refusal to issue or renew a license or other | ||||||
24 | disciplinary action taken as the result of the entry of the | ||||||
25 | hearing officer's report, the Secretary may order a rehearing | ||||||
26 | by the same or other examiners.
If the Secretary
disagrees with |
| |||||||
| |||||||
1 | the recommendation of the Board or the
hearing officer, the | ||||||
2 | Secretary
may issue an order in contravention of the
| ||||||
3 | recommendation.
| ||||||
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 | ||||||
8 | completion of a term of probation, suspension , or
revocation of | ||||||
9 | any license, the Department may restore the license to the | ||||||
10 | licensee
accused person , upon the written recommendation of the | ||||||
11 | Board, unless after
an investigation and a hearing the Board or | ||||||
12 | Department determines that restoration is not
in the public | ||||||
13 | interest. Where circumstances of suspension or revocation so | ||||||
14 | indicate, the Department may require an examination of the | ||||||
15 | licensee prior to restoring his or her license. No person whose | ||||||
16 | license has been revoked as authorized in this Act may apply | ||||||
17 | for restoration of that license or permit until such time as | ||||||
18 | provided 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 | ||||||
23 | suspend the
license of a marriage and family therapist or an | ||||||
24 | associate licensed marriage and
family therapist without a |
| |||||||
| |||||||
1 | hearing, simultaneously
with the institution of proceedings | ||||||
2 | for a hearing provided for in this Act, if
the Secretary
finds | ||||||
3 | that evidence in his or her possession indicates that a
| ||||||
4 | marriage and family therapist's or associate licensed marriage | ||||||
5 | and family
therapist's continuation in practice would | ||||||
6 | constitute an
imminent danger to the public. In the event that | ||||||
7 | the Secretary
summarily
suspends the license of a marriage and | ||||||
8 | family therapist or an associate licensed
marriage and family | ||||||
9 | therapist without a hearing, a
hearing by the Board or | ||||||
10 | Department must be held within 30 calendar days after the | ||||||
11 | suspension
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 | ||||||
16 | administrative decisions of the
Department are subject to | ||||||
17 | judicial review under the Administrative Review
Law and its | ||||||
18 | rules. The term "administrative decision" is defined as in
| ||||||
19 | Section 3-101 of the Code of Civil Procedure.
| ||||||
20 | Proceedings for judicial review shall be commenced in the | ||||||
21 | circuit
court of the county in which the party applying for | ||||||
22 | review resides; but
if the party is not a resident of this | ||||||
23 | State, the venue shall be in
Sangamon County.
| ||||||
24 | (Source: P.A. 87-783 .)
|
| |||||||
| |||||||
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
| ||||||
4 | not be required to certify any record to the court Court or | ||||||
5 | file any answer in
court or otherwise appear in any court in a | ||||||
6 | judicial review proceeding,
unless and until the Department has | ||||||
7 | received from the plaintiff there is filed in the court, with | ||||||
8 | the complaint, a receipt from the
Department acknowledging | ||||||
9 | payment of the costs of furnishing and certifying
the record , | ||||||
10 | which costs shall be determined by the Department . Failure on | ||||||
11 | the part of the plaintiff to file such receipt in
Court shall | ||||||
12 | be 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 | ||||||
17 | the Department in the course of an examination or investigation | ||||||
18 | of a licensee or applicant, including, but not limited to, any | ||||||
19 | complaint against a licensee filed with the Department and | ||||||
20 | information collected to investigate any such complaint, shall | ||||||
21 | be maintained for the confidential use of the Department and | ||||||
22 | shall not be disclosed. The Department shall may not disclose | ||||||
23 | the information to anyone other than law enforcement officials, | ||||||
24 | other regulatory agencies that have an appropriate regulatory | ||||||
25 | interest as determined by the Secretary, or a party presenting |
| |||||||
| |||||||
1 | a lawful subpoena to the Department. Information and documents | ||||||
2 | disclosed to a federal, State, county, or local law enforcement | ||||||
3 | agency shall not be disclosed by the agency for any purpose to | ||||||
4 | any other agency or person. A formal complaint filed against a | ||||||
5 | licensee by the Department or any order issued by the | ||||||
6 | Department against a licensee or applicant shall be a public | ||||||
7 | record, 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 | ||||||
12 | Illinois
Administrative
Procedure Act is expressly adopted and | ||||||
13 | incorporated in this Act as if all
of the provisions of that | ||||||
14 | Act were included in this Act, except that the
provision of | ||||||
15 | paragraph (d) of Section 10-65 of the
Illinois Administrative | ||||||
16 | Procedure Act, which provides that at hearings the
license | ||||||
17 | holder has the right to show compliance with all
lawful
| ||||||
18 | requirements for retention, continuation or renewal of the | ||||||
19 | license certificate ,
is
specifically excluded. For the purpose | ||||||
20 | of this Act the notice required under
Section 10-25 of the | ||||||
21 | Illinois Administrative Procedure Act is deemed
sufficient | ||||||
22 | when 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)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
2 | Sec. 170. Home rule. The regulation and licensing of | ||||||
3 | marriage and family
therapists and associate licensed marriage | ||||||
4 | and family therapists are exclusive
powers and functions of the | ||||||
5 | State. A home
rule unit may not regulate or license marriage | ||||||
6 | and family therapists or
associate marriage and family | ||||||
7 | therapists.
This Section is a denial and limitation of home | ||||||
8 | rule powers and functions
under subsection (h) of Section 6 of | ||||||
9 | Article 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 | ||||||
12 | amended 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 | ||||||
16 | licensed under the Clinical Psychology Licensing Act; a school | ||||||
17 | psychologist as defined in the School Code; a psychiatrist as | ||||||
18 | defined in Section 1-121 of the Mental Health and Developmental | ||||||
19 | Disabilities Code; a clinical social worker or social worker | ||||||
20 | licensed under the Clinical Social Work and Social Work | ||||||
21 | Practice Act; a marriage and family therapist or associate | ||||||
22 | licensed marriage and family therapist licensed under the | ||||||
23 | Marriage and Family Therapy Licensing Act; a professional | ||||||
24 | counselor or clinical professional counselor licensed under |
| |||||||
| |||||||
1 | the Professional Counselor and Clinical Professional Counselor | ||||||
2 | Licensing and Practice Act; or any students, interns, | ||||||
3 | volunteers, or other persons assisting or acting under the | ||||||
4 | direction or guidance of any of these licensed professionals. | ||||||
5 | "Sexual orientation change efforts" or "conversion | ||||||
6 | therapy" means any practices or treatments that seek to change | ||||||
7 | an individual's sexual orientation, as defined by subsection | ||||||
8 | (O-1) of Section 1-103 of the Illinois Human Rights Act, | ||||||
9 | including efforts to change behaviors or gender expressions or | ||||||
10 | to eliminate or reduce sexual or romantic attractions or | ||||||
11 | feelings towards individuals of the same sex. "Sexual | ||||||
12 | orientation change efforts" or "conversion therapy" does not | ||||||
13 | include counseling or mental health services that provide | ||||||
14 | acceptance, support, and understanding of a person without | ||||||
15 | seeking to change sexual orientation or mental health services | ||||||
16 | that facilitate a person's coping, social support, and gender | ||||||
17 | identity exploration and development, including sexual | ||||||
18 | orientation neutral interventions to prevent or address | ||||||
19 | unlawful conduct or unsafe sexual practices, without seeking to | ||||||
20 | change sexual orientation.
| ||||||
21 | (Source: P.A. 99-411, eff. 1-1-16 .)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|