Bill Text: IL HB4797 | 2021-2022 | 102nd General Assembly | Chaptered
Bill Title: Amends the Clinical Social Work and Social Work Practice Act. Provides that the Act does not prohibit a person, who is not a resident of the State, from performing social work via telehealth in the State for a non-resident of the State for not more than 5 days in any one month or more than 15 days in any one calendar year, had a previous established therapeutic relationship with the non-resident, and the person is authorized to perform such services under the laws of the state or country in which the person resides. Provides that the Act does not prohibit a person, who is not a resident of the State, from performing social work via telehealth in the State for a non-resident of the State currently attending an university or college in the State, had a previous established therapeutic relationship with the non-resident, and the person is authorized to perform such services under the laws of the state or country in which the person resides.
Spectrum: Moderate Partisan Bill (Democrat 26-5)
Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0785 [HB4797 Detail]
Download: Illinois-2021-HB4797-Chaptered.html
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| Public Act 102-0785 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Clinical Social Work and Social Work | ||||
Practice Act is amended by changing Section 4 as follows:
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(225 ILCS 20/4) (from Ch. 111, par. 6354)
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(Section scheduled to be repealed on January 1, 2028)
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Sec. 4. Exemptions.
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1. This Act does not prohibit any of the following:
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(a) Any persons legally regulated in this State under | ||||
any other Act from
engaging in the practice for which they | ||||
are authorized, provided that they do
not represent | ||||
themselves by any title as being engaged in the | ||||
independent
practice of clinical social work or the | ||||
practice of social work as defined in
this Act, nor does it | ||||
prohibit the practice of nonregulated professions whose
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practitioners are engaged in the delivery of human | ||||
services, provided such
practitioners do not represent | ||||
themselves as or use the title of clinical
social worker | ||||
or social worker.
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(b) The practice of clinical social work or social | ||||
work by a person who is
employed by the United States | ||||
government or by the State of Illinois,
unit of local | ||||
government or any bureau, division or agency thereof while | ||
in
the discharge of the employee's official duties. | ||
Clinical social workers
employed by the State of Illinois | ||
who are hired after the effective date of
this amendatory | ||
Act of 1994 shall hold a valid license, issued by this | ||
State,
to practice as a licensed clinical social worker, | ||
except for those clinical
social workers employed by the | ||
State who obtain their positions through
promotion.
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(c) The practice of a student pursuing a course of | ||
professional
education under the terms of this Act, if | ||
these activities and services
constitute a part of such | ||
student's supervised course of study.
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(d) A person from practicing social work if the person | ||
is obtaining experience for licensure as a clinical social | ||
worker or social worker, provided the person is designated | ||
by a title that clearly indicates training status. | ||
(e) A person, who is not a resident of this State, from | ||
performing social work via telehealth in this State for a | ||
nonresident of this State for not more than 5 days in any | ||
one month or more than 15 days in any one calendar year, | ||
had a previous established therapeutic relationship with | ||
the nonresident, and the person is authorized to perform | ||
such services under the laws of the state or country in | ||
which the person resides. | ||
(f) A person, who is not a resident of this State, from | ||
performing social work via telehealth in this State for a | ||
nonresident of this State currently attending a university | ||
or college in this State, had a previous established | ||
therapeutic relationship with the nonresident, and the | ||
person is authorized to perform such services under the | ||
laws of the state or country in which the person resides. | ||
2. Nothing in this Act shall be construed to apply to any | ||
person engaged
in the bona fide practice of religious ministry | ||
provided the person does not
hold himself out to be engaged in | ||
the independent practice of clinical social
work or the | ||
practice of social work.
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3. This Act does not prohibit a person serving as a | ||
volunteer so long
as no representation prohibited by this | ||
Section is made.
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4. Nothing contained in this Act shall be construed to | ||
require any
hospital, clinic, home health agency, hospice, or | ||
other entity which
provides health care to employ or to | ||
contract with a licensed clinical
social worker to provide | ||
clinical social work practice or the independent
practice of | ||
clinical social work as described in this Act.
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(Source: P.A. 100-414, eff. 8-25-17.)
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