Bill Text: IL SB0768 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Clinical Social Work and Social Work Practice Act from January 1, 2018 to January 1, 2028. Amends the Clinical Social Work and Social Work Practice Act. Makes changes in provisions concerning definitions, exemptions, powers and duties of the Department of Financial and Professional Regulation, the Social Work Examining and Disciplinary Board, applications for original license, change of address, qualifications for clinical social worker licenses and licensed social worker licenses, license restrictions and limitations, grounds for disciplinary action, investigations, notices and hearings, findings and recommendations, motions for rehearing, appointment of a hearing officer, restoration of a license, summary suspension of a license, and certification of records. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [SB0768 Detail]

Download: Illinois-2017-SB0768-Enrolled.html



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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
5Section 4.28 and by adding Section 4.38 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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.

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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 80/4.38 new)
7 Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9 The Clinical Social Work and Social Work Practice Act.
10 Section 10. The Clinical Social Work and Social Work
11Practice Act is amended by changing Sections 3, 4, 5, 6, 7,
127.3, 9, 9A, 10, 14, 19, 21, 22, 25, 26, 28, 30, 31, 32, 33, 34,
1336, and 37 as follows:
14 (225 ILCS 20/3) (from Ch. 111, par. 6353)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 3. Definitions. : The following words and phrases shall
17have the meanings ascribed to them in this Section unless the
18context clearly indicates otherwise:
19 1. "Department" means the Department of Financial and
20Professional Regulation.
21 2. "Secretary" means the Secretary of Financial and
22Professional Regulation.
23 3. "Board" means the Social Work Examining and Disciplinary

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1Board.
2 4. "Licensed Clinical Social Worker" means a person who
3holds a license authorizing the independent practice of
4clinical social work in Illinois under the auspices of an
5employer or in private practice or under the auspices of public
6human service agencies or private, nonprofit agencies
7providing publicly sponsored human services.
8 5. "Clinical social work practice" means the providing of
9mental health services for the evaluation, treatment, and
10prevention of mental and emotional disorders in individuals,
11families, and groups based on knowledge and theory of
12professionally accepted theoretical structures, including, but
13not limited to, psychosocial development, behavior,
14psychopathology, unconscious motivation, interpersonal
15relationships, and environmental stress.
16 6. "Treatment procedures" means among other things,
17individual, marital, family, and group psychotherapy.
18 7. "Independent practice of clinical social work" means the
19application of clinical social work knowledge and skills by a
20licensed clinical social worker who regulates and is
21responsible for her or his own practice or treatment
22procedures.
23 8. "License" means that which is required to practice
24clinical social work or social work under this Act, the
25qualifications for which include specific education,
26acceptable experience, and examination requirements.

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1 9. "Licensed social worker" means a person who holds a
2license authorizing the practice of social work, which includes
3social services to individuals, groups or communities in any
4one or more of the fields of social casework, social group
5work, community organization for social welfare, social work
6research, social welfare administration, or social work
7education. Social casework and social group work may also
8include clinical social work, as long as it is not conducted in
9an independent practice, as defined in this Section.
10 10. "Address of record" means the address recorded by the
11Department in the applicant's application file or the
12licensee's application file or license file, as maintained by
13the Department's licensure maintenance unit.
14 11. "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
19 (225 ILCS 20/4) (from Ch. 111, par. 6354)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 4. Exemptions.
22 1. This Act does not prohibit any of the following:
23 (a) Any persons legally regulated in this State under
24 any other Act from engaging in the practice for which they
25 are authorized, provided that they do not represent

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1 themselves by any title as being engaged in the independent
2 practice of clinical social work or the practice of social
3 work as defined in this Act, nor does it prohibit the
4 practice of nonregulated professions whose practitioners
5 are engaged in the delivery of human services, provided
6 such practitioners do not represent themselves as or use
7 the title of clinical social worker or social worker.
8 (b) The practice of clinical social work or social work
9 by a person who is employed by the United States government
10 or by the State of Illinois, unit of local government or
11 any bureau, division or agency thereof while in the
12 discharge of the employee's official duties. Clinical
13 social workers employed by the State of Illinois who are
14 hired after the effective date of this amendatory Act of
15 1994 shall hold a valid license, issued by this State, to
16 practice as a licensed clinical social worker, except for
17 those clinical social workers employed by the State who
18 obtain their positions through promotion.
19 (c) The practice of a student pursuing a course of
20 professional education under the terms of this Act, if
21 these activities and services constitute a part of such
22 student's supervised course of study.
23 (d) A person from practicing social work if the person
24 is obtaining experience for licensure as a clinical social
25 worker or social worker, provided the person is designated
26 by a title that clearly indicates training status.

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1 2. Nothing in this Act shall be construed to apply to any
2person engaged in the bona fide practice of religious ministry
3provided the person does not hold himself out to be engaged in
4the independent practice of clinical social work or the
5practice of social work.
6 3. This Act does not prohibit a person serving as a
7volunteer so long as no representation prohibited by this
8Section is made.
9 4. Nothing contained in this Act shall be construed to
10require any hospital, clinic, home health agency, hospice, or
11other entity which provides health care to employ or to
12contract with a licensed clinical social worker to provide
13clinical social work practice or the independent practice of
14clinical social work as described in this Act.
15(Source: P.A. 88-620, eff. 1-1-95.)
16 (225 ILCS 20/5) (from Ch. 111, par. 6355)
17 (Section scheduled to be repealed on January 1, 2018)
18 Sec. 5. Powers and duties of the Department. Subject to the
19provisions of this Act, the 1. The Department shall exercise
20the following functions, powers, and duties: as set forth in
21this Act.
22 (1) Conduct or authorize examinations to ascertain the
23 qualifications and fitness of candidates for a license to
24 engage in the independent practice of clinical social work
25 and in the practice of social work, pass upon the

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1 qualifications of applicants for licenses, and issue
2 licenses to those who are found to be fit and qualified.
3 (2) Adopt rules required for the administration and
4 enforcement of this Act.
5 (3) Adopt rules for determining approved undergraduate
6 and graduate social work degree programs and prepare and
7 maintain a list of colleges and universities offering such
8 approved programs whose graduates, if they otherwise meet
9 the requirements of this Act, are eligible to apply for a
10 license.
11 (4) Prescribe forms to be issued for the administration
12 and enforcement of this Act consistent with and reflecting
13 the requirements of this Act and rules adopted pursuant to
14 this Act.
15 (5) Conduct investigations related to possible
16 violations of this Act.
17 (6) Maintain rosters of the names and addresses of all
18 persons who hold valid licenses under this Act. These
19 rosters shall be available upon written request and payment
20 of the required fee.
21 2. The Secretary shall promulgate rules consistent with the
22provisions of this Act for the administration and enforcement
23thereof, and shall prescribe forms which shall be issued in
24connection therewith.
25 3. In addition, the Department shall:
26 (a) Establish rules for determining approved

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1 undergraduate and graduate social work degree programs and
2 prepare and maintain a list of colleges and universities
3 offering such approved programs whose graduates, if they
4 otherwise meet the requirements of this Act, are eligible
5 to apply for a license.
6 (b) Promulgate rules, as may be necessary, for the
7 administration of this Act and to carry out the purposes
8 thereof and to adopt the methods of examination of
9 candidates and to provide for the issuance of licenses
10 authorizing the independent practice of clinical social
11 work or the practice of social work.
12 (c) Authorize examinations to ascertain the
13 qualifications and fitness of candidates for a license to
14 engage in the independent practice of clinical social work
15 and in the practice of social work, and to determine the
16 qualifications of applicants from other jurisdictions to
17 practice in Illinois.
18 (d) Maintain rosters of the names and addresses of all
19 licensees, and all persons whose licenses have been
20 suspended, revoked or denied renewal for cause within the
21 previous calendar year. These rosters shall be available
22 upon written request and payment of the required fee.
23(Source: P.A. 95-687, eff. 10-23-07.)
24 (225 ILCS 20/6) (from Ch. 111, par. 6356)
25 (Section scheduled to be repealed on January 1, 2018)

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1 Sec. 6. Social Work Examining and Disciplinary Board.
2 (1) The Secretary shall appoint a Social Work Examining and
3Disciplinary Board consisting of 9 persons who shall serve in
4an advisory capacity to the Secretary. The Board shall be
5composed of 6 licensed clinical social workers, one of whom
6shall be employed in a public human service agency, one of whom
7shall be a certified school social worker, one of whom shall be
8employed in the private not-for-profit sector and one of whom
9shall serve as the chairperson, 2 two licensed social workers,
10and one member of the public who is not regulated under this
11Act or a similar Act and who clearly represents consumer
12interests.
13 (2) Members shall serve for a term of 4 years each, except
14that any person chosen to fill a vacancy shall be appointed
15only for the unexpired term of the Board member whom he or she
16shall succeed. Upon the expiration of this term of office, a
17Board member shall continue to serve until a successor is and
18until their successors are appointed and qualified. No member
19shall serve more than 2 consecutive 4-year terms be reappointed
20if such reappointment would cause that person's service on the
21Board to be longer than 8 successive years. Appointments to
22fill vacancies for the unexpired portion of a vacated term
23shall be made in the same manner as original appointments.
24 (3) The membership of the Board should represent racial and
25cultural diversity and reasonably reflect representation from
26different geographic areas of Illinois.

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1 (4) The Secretary may terminate the appointment of any
2member for cause.
3 (5) The Secretary may shall consider the recommendation of
4the Board on all matters and questions relating to this Act,
5such as: (i) matters relating to continuing education,
6including the number of hours necessary for license renewal,
7waivers for those unable to meet such requirements, and
8acceptable course content and (ii) rules for administration of
9this Act.
10 (6) (Blank). The Board is charged with the duties and
11responsibilities of recommending to the Secretary the adoption
12of all policies, procedures and rules which may be required or
13deemed advisable in order to perform the duties and functions
14conferred on the Board, the Secretary and the Department to
15carry out the provisions of this Act.
16 (7) (Blank). The Board may make recommendations on all
17matters relating to continuing education including the number
18of hours necessary for license renewal, waivers for those
19unable to meet such requirements and acceptable course content.
20Such recommendations shall not impose an undue burden on the
21Department or an unreasonable restriction on those seeking
22license renewal.
23 (8) The Board shall annually elect one of its members as
24chairperson and one as vice chairperson.
25 (9) Members of the Board shall be reimbursed for all
26authorized legitimate, and necessary, and authorized expenses

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1incurred in attending the meetings of the Board.
2 (10) A majority of the Board members currently appointed
3shall constitute a quorum. A vacancy in the membership of the
4Board shall not impair the right of a quorum to perform all of
5the duties of the Board.
6 (11) Members of the Board shall have no liability in an
7action based upon a disciplinary proceeding or other activity
8performed in good faith as a member of the Board.
9(Source: P.A. 95-687, eff. 10-23-07.)
10 (225 ILCS 20/7) (from Ch. 111, par. 6357)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 7. Applications for original license. Applications
13for original licenses shall be made to the Department on forms
14or electronically as prescribed by the Department and
15accompanied by the required fee which shall not be refundable.
16All applications shall contain such information which, in the
17judgment of the Department, will enable the Department to pass
18on the qualifications of the applicant for a license as a
19licensed clinical social worker or as a licensed social worker.
20 A license to practice shall not be denied an applicant
21because of the applicant's race, religion, creed, national
22origin, political beliefs or activities, age, sex, sexual
23orientation, or physical disability that does not affect a
24person's ability to practice with reasonable judgment, skill,
25or safety impairment.

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1 Applicants have 3 years from the date of application to
2complete the application process. If the process has not been
3completed in 3 years, the application shall be denied, the fee
4shall be forfeited, and the applicant must reapply and meet the
5requirements in effect at the time of reapplication.
6(Source: P.A. 90-150, eff. 12-30-97.)
7 (225 ILCS 20/7.3)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 7.3. Address of record; email address of record Change
10of address. All applicants and licensees shall:
11 (1) provide a valid address and email address to the
12 Department, which shall serve as the address of record and
13 email address of record, respectively, at the time of
14 application for licensure or renewal of a license; and
15 (2) An applicant or licensee must inform the Department
16 of any change of address of record or email address of
17 record within 14 days after , and such change changes must
18 be made either through the Department's website or by
19 contacting the Department's licensure maintenance unit.
20(Source: P.A. 95-687, eff. 10-23-07.)
21 (225 ILCS 20/9) (from Ch. 111, par. 6359)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 9. Qualifications Qualification for clinical social
24worker license. A person shall be qualified to be licensed as a

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1clinical social worker if that person and the Department shall
2issue a license authorizing the independent practice of
3clinical social work to an applicant who:
4 (1) has applied in writing on the prescribed form;
5 (2) is of good moral character. In determining good
6 moral character, the Department may take into
7 consideration whether the applicant was engaged in conduct
8 or actions that would constitute grounds for discipline
9 under this Act;
10 (3)(a) (A) demonstrates to the satisfaction of the
11 Department that subsequent to securing a master's degree in
12 social work from an approved program the applicant has
13 successfully completed at least 3,000 hours of
14 satisfactory, supervised clinical professional experience;
15 or
16 (b) (B) demonstrates to the satisfaction of the
17 Department that such applicant has received a doctor's
18 degree in social work from an approved program and has
19 completed at least 2,000 hours of satisfactory, supervised
20 clinical professional experience subsequent to the degree;
21 (4) has passed the examination for the practice of
22 clinical social work as authorized by the Department; and
23 (5) has paid the required fees.
24(Source: P.A. 95-687, eff. 10-23-07.)
25 (225 ILCS 20/9A) (from Ch. 111, par. 6359A)

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1 (Section scheduled to be repealed on January 1, 2018)
2 Sec. 9A. Qualifications for license as licensed social
3worker. A person shall be qualified to be licensed as a
4licensed social worker if that person and the Department shall
5issue a license authorizing the practice of social work to an
6applicant who:
7 (1) has applied in writing on the prescribed form;
8 (2) is of good moral character, as defined in
9 subsection (2) of Section 9;
10 (3)(a) has a degree from a graduate program of social
11 work approved by the Department; or
12 (b) has a degree in social work from an undergraduate
13 program approved by the Department and has successfully
14 completed at least 3 years of supervised professional
15 experience subsequent to obtaining the degree as
16 established by rule. If no supervision by a licensed social
17 worker or a licensed clinical social worker is available,
18 then supervised professional experience may include
19 supervision by other appropriate disciplines as defined by
20 rule;
21 (4) has passed the examination for the practice of
22 social work as a licensed social worker as authorized by
23 the Department; and
24 (5) has paid the required fees.
25(Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99.)

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1 (225 ILCS 20/10) (from Ch. 111, par. 6360)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 10. License restrictions and limitations.
4 (a) No person shall, without a currently valid license as a
5social worker issued by the Department: (i) in any manner hold
6himself or herself out to the public as a social worker under
7this Act; (ii) use the title "social worker" or "licensed
8social worker"; or (iii) offer to render to individuals,
9corporations, or the public social work services if the words
10"social work" or "licensed social worker" are used to describe
11the person offering to render or rendering the services or to
12describe the services rendered or offered to be rendered.
13 (b) No person shall, without a currently valid license as a
14clinical social worker issued by the Department: (i) in any
15manner hold himself or herself out to the public as a clinical
16social worker or licensed clinical social worker under this
17Act; (ii) use the title "clinical social worker" or "licensed
18clinical social worker"; or (iii) offer to render to
19individuals, corporations, or the public clinical social work
20services if the words "licensed clinical social worker" or
21"clinical social work" are used to describe the person to
22render or rendering the services or to describe the services
23rendered or offered to be rendered.
24 (c) Licensed social workers may not engage in independent
25practice of clinical social work without a clinical social
26worker license. In independent practice, a licensed social

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1worker shall practice at all times under the order, control,
2and full professional responsibility of a licensed clinical
3social worker, a licensed clinical psychologist, a licensed
4clinical professional counselor, a licensed marriage and
5family therapist, or a psychiatrist, as defined in Section
61-121 of the Mental Health and Developmental Disabilities Code.
7 (d) No business organization association, partnership, or
8professional limited liability company shall provide, attempt
9to provide, or offer to provide social work or clinical social
10work services unless every member, shareholder, partner,
11director, officer, holder of any other ownership interest, and
12employee of the association, partnership, or professional
13limited liability company who practices social work or clinical
14social work or who renders social work or clinical social work
15services holds a currently valid current license issued under
16this Act. No business shall be created that (1) has a stated
17purpose that includes social work or clinical social work, or
18(2) provides provide, attempts attempt to provide, or offers
19offer to provide social work or clinical social work services
20unless it is organized under the Professional Service
21Corporation Act, the Medical Corporation Act, or the
22Professional Limited Liability Company Act.
23 (e) Nothing in this Act shall preclude individuals licensed
24under this Act from practicing directly or indirectly for a
25physician licensed to practice medicine in all its branches
26under the Medical Practice Act of 1987 or for any legal entity

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1as provided under subsection (c) of Section 22.2 of the Medical
2Practice Act of 1987.
3 (f) Nothing in this Act shall preclude individuals licensed
4under this Act from practicing directly or indirectly for any
5hospital licensed under the Hospital Licensing Act or any
6hospital affiliate as defined in Section 10.8 of the Hospital
7Licensing Act and any hospital authorized under the University
8of Illinois Hospital Act.
9(Source: P.A. 99-227, eff. 8-3-15.)
10 (225 ILCS 20/14) (from Ch. 111, par. 6364)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 14. Checks or order to Department dishonored because
13of insufficient funds. Any person who delivers a check or other
14payment to the Department that is returned to the Department
15unpaid by the financial institution upon which it is drawn
16shall pay to the Department, in addition to the amount already
17owed to the Department, a fine of $50. The fines imposed by
18this Section are in addition to any other discipline provided
19under this Act for unlicensed practice or practice on a
20nonrenewed license. The Department shall notify the person that
21payment of fees and fines shall be paid to the Department by
22certified check or money order within 30 calendar days of the
23notification. If, after the expiration of 30 days from the date
24of the notification, the person has failed to submit the
25necessary remittance, the Department shall automatically

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1terminate the license or certificate or deny the application,
2without hearing. If, after termination or denial, the person
3seeks a license or certificate, he or she shall apply to the
4Department for restoration or issuance of the license or
5certificate and pay all fees and fines due to the Department.
6The Department may establish a fee for the processing of an
7application for restoration of a license or certificate to pay
8all expenses of processing this application. The Secretary may
9waive the fines due under this Section in individual cases
10where the Secretary finds that the fines would be unreasonable
11or unnecessarily burdensome.
12(Source: P.A. 95-687, eff. 10-23-07.)
13 (225 ILCS 20/19) (from Ch. 111, par. 6369)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 19. Grounds for disciplinary action.
16 (1) The Department may refuse to issue or , refuse to renew
17a license, or may suspend, or revoke any license, or may place
18on probation, censure, reprimand, or take any other
19disciplinary or non-disciplinary action deemed appropriate by
20the Department, including the imposition of fines not to exceed
21$10,000 for each violation, with regard to any license issued
22under the provisions of this Act for any one or a combination
23of the following grounds reasons:
24 (a) material misstatements of fact in furnishing
25 information to the Department or to any other State agency

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1 or in furnishing information to any insurance company with
2 respect to a claim on behalf of a licensee or a patient;
3 (b) violations or negligent or intentional disregard
4 of this Act, or any of the rules promulgated hereunder;
5 (c) conviction of or entry of a plea of guilty or nolo
6 contendere, finding of guilt, jury verdict, or entry of
7 judgment or sentencing, including, but not limited to,
8 convictions, preceding sentences of supervision,
9 conditional discharge, or first offender probation, to any
10 crime that is a felony under the laws of any jurisdiction
11 of the United States or any state or territory thereof or
12 that is (i) a felony or (ii) a misdemeanor, of which an
13 essential element of which is dishonesty, or any crime that
14 is directly related to the practice of the clinical social
15 work or social work professions;
16 (d) fraud or making any misrepresentation in applying
17 for or procuring a license under for the purpose of
18 obtaining licenses, or violating any provision of this Act
19 or in connection with applying for renewal or restoration
20 of a license under this Act any of the rules promulgated
21 hereunder;
22 (e) professional incompetence;
23 (f) gross negligence in practice under this Act
24 malpractice;
25 (g) aiding or assisting another person in violating any
26 provision of this Act or its any rules;

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1 (h) failing to provide information within 60 30 days in
2 response to a written request made by the Department;
3 (i) engaging in dishonorable, unethical or
4 unprofessional conduct of a character likely to deceive,
5 defraud or harm the public as defined by the rules of the
6 Department, or violating the rules of professional conduct
7 adopted by the Board and published by the Department;
8 (j) habitual or excessive use or abuse of drugs defined
9 in law as controlled substances, of addiction to alcohol,
10 narcotics, stimulants, or of any other substances chemical
11 agent or drug that results in the a clinical social
12 worker's or social worker's inability to practice with
13 reasonable judgment, skill, or safety;
14 (k) adverse action taken discipline by another state or
15 jurisdiction, if at least one of the grounds for the
16 discipline is the same or substantially equivalent to those
17 set forth in this Section;
18 (l) directly or indirectly giving to or receiving from
19 any person, firm, corporation, partnership, or association
20 any fee, commission, rebate or other form of compensation
21 for any professional service not actually rendered.
22 Nothing in this paragraph (l) affects any bona fide
23 independent contractor or employment arrangements among
24 health care professionals, health facilities, health care
25 providers, or other entities, except as otherwise
26 prohibited by law. Any employment arrangements may include

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1 provisions for compensation, health insurance, pension, or
2 other employment benefits for the provision of services
3 within the scope of the licensee's practice under this Act.
4 Nothing in this paragraph (l) shall be construed to require
5 an employment arrangement to receive professional fees for
6 services rendered;
7 (m) a finding by the Department Board that the
8 licensee, after having the license placed on probationary
9 status, has violated the terms of probation or failed to
10 comply with such terms;
11 (n) abandonment, without cause, of a client;
12 (o) willfully making or wilfully filing false records
13 or reports relating to a licensee's practice, including,
14 but not limited to, false records filed with Federal or
15 State agencies or departments;
16 (p) willfully wilfully failing to report an instance of
17 suspected child abuse or neglect as required by the Abused
18 and Neglected Child Reporting Act;
19 (q) being named as a perpetrator in an indicated report
20 by the Department of Children and Family Services under the
21 Abused and Neglected Child Reporting Act, and upon proof by
22 clear and convincing evidence that the licensee has caused
23 a child to be or failed to take reasonable steps to prevent
24 a child from being an abused child or neglected child as
25 defined in the Abused and Neglected Child Reporting Act;
26 (r) physical illness, mental illness, or any other

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1 impairment or disability, including, but not limited to,
2 deterioration through the aging process, or loss of motor
3 skills that results in the inability to practice the
4 profession with reasonable judgment, skill or safety;
5 (s) solicitation of professional services by using
6 false or misleading advertising; or
7 (t) violation of the Health Care Worker Self-Referral
8 Act; .
9 (u) willfully failing to report an instance of
10 suspected abuse, neglect, financial exploitation, or
11 self-neglect of an eligible adult as defined in and
12 required by the Adult Protective Services Act; or
13 (v) being named as an abuser in a verified report by
14 the Department on Aging under the Adult Protective Services
15 Act, and upon proof by clear and convincing evidence that
16 the licensee abused, neglected, or financially exploited
17 an eligible adult as defined in the Adult Protective
18 Services Act.
19 (2) (Blank).
20 (3) The determination by a court that a licensee is subject
21to involuntary admission or judicial admission as provided in
22the Mental Health and Developmental Disabilities Code, will
23result in an automatic suspension of his license. Such
24suspension will end upon a finding by a court that the licensee
25is no longer subject to involuntary admission or judicial
26admission and issues an order so finding and discharging the

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1patient, and upon the recommendation of the Board to the
2Secretary that the licensee be allowed to resume professional
3practice.
4 (4) The Department shall may refuse to issue or renew or
5may suspend the license of a person who (i) fails to file a
6return, pay the tax, penalty, or interest shown in a filed
7return, or pay any final assessment of tax, penalty, or
8interest, as required by any tax Act administered by the
9Department of Revenue, until the requirements of the tax Act
10are satisfied or (ii) has failed to pay any court-ordered child
11support as determined by a court order or by referral from the
12Department of Healthcare and Family Services.
13 (5)(a) In enforcing this Section, the Department or Board,
14upon a showing of a possible violation, may compel a person
15licensed to practice under this Act, or who has applied for
16licensure under or certification pursuant to this Act, to
17submit to a mental or physical examination, or both, which may
18include a substance abuse or sexual offender evaluation, as
19required by and at the expense of the Department.
20 (b) The Department shall specifically designate the
21examining physician licensed to practice medicine in all of its
22branches or, if applicable, the multidisciplinary team
23involved in providing the mental or physical examination or
24both. The multidisciplinary team shall be led by a physician
25licensed to practice medicine in all of its branches and may
26consist of one or more or a combination of physicians licensed

SB0768 Enrolled- 24 -LRB100 05742 SMS 15765 b
1to practice medicine in all of its branches, licensed clinical
2psychologists, licensed clinical social workers, licensed
3clinical professional counselors, and other professional and
4administrative staff. Any examining physician or member of the
5multidisciplinary team may require any person ordered to submit
6to an examination pursuant to this Section to submit to any
7additional supplemental testing deemed necessary to complete
8any examination or evaluation process, including, but not
9limited to, blood testing, urinalysis, psychological testing,
10or neuropsychological testing. physicians shall be those
11specifically designated by the Board.
12 (c) The Board or the Department may order the examining
13physician or any member of the multidisciplinary team to
14present testimony concerning this mental or physical
15examination of the licensee or applicant. No information,
16report, record, or other documents in any way related to the
17examination shall be excluded by reason of any common law or
18statutory privilege relating to communications between the
19licensee or applicant and the examining physician or any member
20of the multidisciplinary team. No authorization is necessary
21from the licensee or applicant ordered to undergo an
22examination for the examining physician or any member of the
23multidisciplinary team to provide information, reports,
24records, or other documents or to provide any testimony
25regarding the examination and evaluation.
26 (d) The person to be examined may have, at his or her own

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1expense, another physician of his or her choice present during
2all aspects of the examination. However, that physician shall
3be present only to observe and may not interfere in any way
4with the examination.
5 (e) Failure of any person to submit to a mental or physical
6examination without reasonable cause, when ordered directed,
7shall result in an automatic be grounds for suspension of his
8or her a license until the person submits to the examination if
9the Board finds, after notice and hearing, that the refusal to
10submit to the examination was without reasonable cause.
11 (f) If the Department or Board finds a person unable to
12practice because of the reasons set forth in this Section, the
13Department or Board may require that person to submit to care,
14counseling, or treatment by physicians approved or designated
15by the Department or Board, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice; or, in lieu of care, counseling or treatment, the
18Department may file, or the Board may recommend to the
19Department to file, a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the person. Any person
21whose license was granted, continued, reinstated, renewed,
22disciplined or supervised subject to such terms, conditions or
23restrictions, and who fails to comply with such terms,
24conditions, or restrictions, shall be referred to the Secretary
25for a determination as to whether the person shall have his or
26her license suspended immediately, pending a hearing by the

SB0768 Enrolled- 26 -LRB100 05742 SMS 15765 b
1Department Board.
2 (g) All fines imposed shall be paid within 60 days after
3the effective date of the order imposing the fine or in
4accordance with the terms set forth in the order imposing the
5fine.
6 In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department Board within 30 days
9after the suspension and completed without appreciable delay.
10The Department and Board shall have the authority to review the
11subject person's record of treatment and counseling regarding
12the impairment, to the extent permitted by applicable federal
13statutes and regulations safeguarding the confidentiality of
14medical records.
15 A person licensed under this Act and affected under this
16Section shall be afforded an opportunity to demonstrate to the
17Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20(Source: P.A. 98-756, eff. 7-16-14.)
21 (225 ILCS 20/21) (from Ch. 111, par. 6371)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 21. Investigations; notice and hearing.
24 (a) The Department may investigate the actions of any
25applicant or of any person holding or claiming to hold a

SB0768 Enrolled- 27 -LRB100 05742 SMS 15765 b
1license under this Act.
2 (b) The Department shall, before disciplining an applicant
3or licensee refusing to issue or renew a license, at least 30
4days prior to the date set for the hearing: (i) , notify, in
5writing, the accused applicant for, or holder of, a license of
6the nature of the charges made and the time and place for the
7that a hearing on the charges, (ii) will be held on the date
8designated. The Department shall direct him or her the
9applicant or licensee to file a written answer to the charges
10Board under oath within 20 days after the service of the
11notice, and (iii) inform the applicant or licensee that failure
12to file an answer will result in a default being entered taken
13against the applicant or licensee and that the license or
14certificate may be suspended, revoked, placed on probationary
15status, or other disciplinary action may be taken, including
16limiting the scope, nature or extent of practice, as the
17Secretary may deem proper.
18 (c) Written or electronic notice, and any notice in the
19subsequent proceeding, may be served by personal delivery, by
20email, or by certified or registered mail to the applicant or
21licensee at his or her the applicant's last address of record
22or email address of record. In case the person fails to file an
23answer after receiving notice, his or her license or
24certificate may, in the discretion of the Department, be
25suspended, revoked, or placed on probationary status, or the
26Department may take whatever disciplinary action deemed

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1proper, including limiting the scope, nature, or extent of the
2person's practice or the imposition of a fine, without a
3hearing, if the act or acts charged constitute sufficient
4grounds for such action under this Act.
5 (d) At the time and place fixed in the notice, the Board or
6hearing officer appointed by the Secretary shall proceed to
7hear the charges and the parties or their counsel shall be
8accorded ample opportunity to present any statements,
9testimony, evidence and argument as may be pertinent to the
10charges or to their defense. The Board or hearing officer may
11continue the a hearing from time to time.
12 (e) In case the person, after receiving the notice, fails
13to file an answer, his or her license may, in the discretion of
14the Secretary, having first received the recommendation of the
15Board, be suspended, revoked, or placed on probationary status,
16or be subject to whatever disciplinary action the Secretary
17considers proper, including limiting the scope, nature, or
18extent of the person's practice or the imposition of a fine,
19without hearing, if the act or acts charged constitute
20sufficient grounds for that action under this Act.
21(Source: P.A. 95-687, eff. 10-23-07.)
22 (225 ILCS 20/22) (from Ch. 111, par. 6372)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 22. Record of proceedings Proceedings; transcript.
25The Department, at its expense, shall preserve a record of all

SB0768 Enrolled- 29 -LRB100 05742 SMS 15765 b
1proceedings at the formal hearing of any case involving the
2refusal to issue or to renew a license. The notice of hearing,
3complaint, all other documents in the nature of pleadings,
4written motions filed in the proceedings, the transcript of
5testimony, the report of the Board and orders of the Department
6shall be in the record of such proceeding. The Department shall
7furnish a copy transcript of the record to any person upon
8payment of the fee required under Section 2105-115 of the
9Department of Professional Regulation Law (20 ILCS
102105/2105-115).
11(Source: P.A. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00.)
12 (225 ILCS 20/25) (from Ch. 111, par. 6375)
13 (Section scheduled to be repealed on January 1, 2018)
14 Sec. 25. Findings and recommendations. At the conclusion of
15the hearing the Board shall present to the Secretary a written
16report of its findings of fact, conclusions of law and
17recommendations. The report shall contain a finding whether or
18not the licensee violated this act or failed to comply with the
19conditions required in this Act. The Board shall specify the
20nature of the violation or failure to comply, and shall make
21its recommendations to the Secretary.
22 The report of findings of fact, conclusions of law, and
23recommendation of the Board shall be the basis for the
24Department's order or refusal or for the granting of the
25license. If the Secretary disagrees with the recommendations of

SB0768 Enrolled- 30 -LRB100 05742 SMS 15765 b
1the Board, the Secretary may issue an order in contravention
2thereof. The Secretary shall provide a written report to the
3Board on any disagreement and shall specify the reasons for
4said action in the final order. The finding is not admissible
5in evidence against the person in a criminal prosecution
6brought for the violation of this Act, but the hearing and
7findings are not a bar to a criminal prosecution brought for
8the violation of this Act.
9(Source: P.A. 95-687, eff. 10-23-07.)
10 (225 ILCS 20/26) (from Ch. 111, par. 6376)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 26. Hearing; motion for rehearing Board - Rehearing.
13 (a) The Board or hearing officer appointed by the Secretary
14shall hear evidence in support of the formal charges and
15evidence produced by the licensee. At the conclusion of the
16hearing, the Board shall present to the Secretary a written
17report of its findings of fact, conclusions of law, and
18recommendations. If the Board fails to present its report, the
19applicant or licensee may request in writing a direct appeal to
20the Secretary, in which case the Secretary may issue an order
21based upon the report of the hearing officer and the record of
22the proceedings or issue an order remanding the matter back to
23the hearing officer for additional proceedings in accordance
24with the order.
25 (b) At the conclusion of the hearing In any case involving

SB0768 Enrolled- 31 -LRB100 05742 SMS 15765 b
1the refusal to issue or to renew a license or to discipline a
2licensee, a copy of the hearing officer's or Board's report
3shall be served upon the applicant or licensee by the
4Department, either personally or by registered or certified
5mail or as provided in this Act for the service of the notice
6of hearing. Within 20 calendar days after such service, the
7applicant or licensee may present to the Department a motion in
8writing for a rehearing which shall specify the particular
9grounds for rehearing therefor. The Department may respond to
10the motion for rehearing within 20 calendar days after its
11service on the Department. If no motion for a rehearing is
12filed, then upon the expiration of the time specified for
13filing such a motion, or if a motion for rehearing is denied,
14then upon such denial of a motion for rehearing, the Secretary
15may enter an order in accordance with recommendations of the
16Board or hearing officer , except as provided in Section 25 of
17this Act. If the applicant or licensee orders from the
18reporting service and pays for a transcript of the record
19within the time for filing a motion for rehearing, the 20-day
20period within which a motion may be filed shall commence upon
21the delivery of the transcript to the applicant or licensee.
22 (c) If the Secretary disagrees in any regard with the
23report of the Board, the Secretary may issue an order contrary
24to the report.
25 (d) Whenever the Secretary is not satisfied that
26substantial justice has been done, the Secretary may order a

SB0768 Enrolled- 32 -LRB100 05742 SMS 15765 b
1rehearing by the same or another hearing officer.
2 (e) At any point in any investigation or disciplinary
3proceeding provided for in this Act, both parties may agree to
4a negotiated consent order. The consent order shall be final
5upon signature of the Secretary.
6(Source: P.A. 95-687, eff. 10-23-07.)
7 (225 ILCS 20/28) (from Ch. 111, par. 6378)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 28. Appointment of a hearing officer. Notwithstanding
10any other provision of this Act, the The Secretary has shall
11have the authority to appoint any attorney duly licensed to
12practice law in the State of Illinois to serve as the hearing
13officer in any action for refusal to issue or renew a license
14or permit or to discipline a licensee. The Secretary shall
15promptly notify the Board of any such appointment. The hearing
16officer shall have full authority to conduct the hearing. The
17hearing officer shall report his or her findings of fact,
18conclusions of law and recommendations to the Board and to the
19Secretary. Upon receipt of the report, the Board shall have at
20least 60 days after receipt of the report to review it and
21present its findings of fact, conclusions of law and
22recommendation to the Secretary. If the Board does not present
23its report within the 60 days period, the respondent may
24request in writing a direct appeal to the Secretary, in which
25case the Secretary shall, within 7 calendar days after the

SB0768 Enrolled- 33 -LRB100 05742 SMS 15765 b
1request, issue an order directing the Board to issue its
2findings of fact, conclusions of law, and recommendations to
3the Secretary within 30 calendar days after such order. If the
4Board fails to issue its findings of fact, conclusions of law,
5and recommendations within that time frame to the Secretary
6after the entry of such order, the Secretary shall, within 30
7calendar days thereafter, issue an order based upon the report
8of the hearing officer and the record of the proceedings or
9issue an order remanding the matter back to the hearing officer
10for additional proceedings in accordance with the order. If (i)
11a direct appeal is requested, (ii) the Board fails to issue its
12findings of fact, conclusions of law, and recommendations
13within the 30-day mandate from the Secretary or the Secretary
14fails to order the Board to do so, and (iii) the Secretary
15fails to issue an order within 30 calendar days thereafter,
16then the hearing officer's report is deemed accepted and a
17final decision of the Secretary. Notwithstanding any other
18provision of this Section, if the Secretary, upon review,
19determines that substantial justice has not been done in the
20revocation, suspension, or refusal to issue or renew a license
21or other disciplinary action taken as the result of the entry
22of the hearing officer's report, the Secretary may order a
23rehearing by the same or other examiners. If the Secretary
24disagrees with the recommendation of the Board or of the
25hearing officer, the Secretary may issue an order in
26contravention of the Board's report. The Secretary shall

SB0768 Enrolled- 34 -LRB100 05742 SMS 15765 b
1promptly provide a written explanation to the Board on any such
2disagreement, and shall specify the reasons for such action in
3the final order.
4(Source: P.A. 95-687, eff. 10-23-07.)
5 (225 ILCS 20/30) (from Ch. 111, par. 6380)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 30. Restoration of suspended or revoked license. At
8any time after the successful completion of a term of
9probation, suspension, or revocation of any license, the
10Department may restore the license it to the licensee upon the
11written recommendation of the Board unless after an
12investigation and hearing the Board or Department determines
13that restoration is not in the public interest. Where
14circumstances of suspension or revocation so indicate, the
15Department may require an examination of the licensee prior to
16restoring his or her license. No person whose license has been
17revoked as authorized in this Act may apply for restoration of
18that license or permit until such time as provided for in the
19Civil Administrative Code of Illinois.
20(Source: P.A. 85-967.)
21 (225 ILCS 20/31) (from Ch. 111, par. 6381)
22 (Section scheduled to be repealed on January 1, 2018)
23 Sec. 31. Surrender of license. Upon the revocation or and
24suspension of any the license, the licensee shall immediately

SB0768 Enrolled- 35 -LRB100 05742 SMS 15765 b
1surrender his or her license to the Department. If the licensee
2fails to do so, the Department shall have the right to seize
3the license.
4(Source: P.A. 90-150, eff. 12-30-97.)
5 (225 ILCS 20/32) (from Ch. 111, par. 6382)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 32. Summary Temporary suspension of a license. The
8Secretary may summarily temporarily suspend the license of a
9licensed clinical social worker or licensed social worker
10without a hearing simultaneously with the institution of
11proceedings for a hearing provided for in Section 21 of this
12Act if the Secretary finds that conclusive evidence in his or
13her possession indicates indicating that a licensee's
14continuation in practice would constitute an imminent danger to
15the public. In the event the Secretary summarily temporarily
16suspends such license without a hearing, a hearing by the Board
17or Department shall be held within 30 calendar days after the
18such suspension has occurred.
19(Source: P.A. 95-687, eff. 10-23-07.)
20 (225 ILCS 20/33) (from Ch. 111, par. 6383)
21 (Section scheduled to be repealed on January 1, 2018)
22 Sec. 33. Administrative review review - venue.
23 1. All final administrative decisions of the Department are
24subject to judicial review pursuant to the Administrative

SB0768 Enrolled- 36 -LRB100 05742 SMS 15765 b
1Review Law and all rules adopted pursuant thereto. The term
2"Administrative decision" is defined as in Section 3-101 of the
3Code of Civil Procedure.
4 2. Proceedings for judicial review shall be commenced in
5the circuit court of the county in which the party applying for
6review resides, but if the party is not a resident of Illinois,
7the venue shall be in Sangamon County.
8(Source: P.A. 85-967.)
9 (225 ILCS 20/34) (from Ch. 111, par. 6384)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 34. Certification of record; costs. The Department
12shall not be required to certify any record to the court, to
13file an answer in court or to otherwise appear in any court in
14a judicial review proceeding, unless and until the Department
15has received from the plaintiff there is filed in the court,
16with the complaint, a receipt from the Department acknowledging
17payment of the costs of furnishing and certifying the record,
18which costs shall be determined by the Department. Failure on
19the part of the plaintiff to file a receipt in court shall be
20grounds for dismissal of the action.
21(Source: P.A. 87-1031.)
22 (225 ILCS 20/36) (from Ch. 111, par. 6386)
23 (Section scheduled to be repealed on January 1, 2018)
24 Sec. 36. Illinois Administrative Procedure Act. The

SB0768 Enrolled- 37 -LRB100 05742 SMS 15765 b
1Illinois Administrative Procedure Act is hereby expressly
2adopted and incorporated herein as if all of the provisions of
3that Act were included in this Act, except that the provision
4of subsection (d) of Section 10-65 of the Illinois
5Administrative Procedure Act that provides that at hearings the
6licensee has the right to show compliance with all lawful
7requirements for retention, continuation or renewal of the
8license is specifically excluded. For the purpose of this Act
9the notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11to the last known address of a party.
12(Source: P.A. 88-45.)
13 (225 ILCS 20/37) (from Ch. 111, par. 6387)
14 (Section scheduled to be repealed on January 1, 2018)
15 Sec. 37. Home rule Public policy. It is declared to be the
16public policy of this State, pursuant to paragraphs (h) and (i)
17of Section 6 of Article VII of the Illinois Constitution of
181970, that any power or function set forth in this Act to be
19exercised by the State is an exclusive State power or function.
20Such power or function shall not be exercised concurrently,
21either directly or indirectly, by any unit of local government,
22including home rule units, except as otherwise provided in this
23Act.
24(Source: P.A. 85-967.)

SB0768 Enrolled- 38 -LRB100 05742 SMS 15765 b
1 (225 ILCS 20/27 rep.)
2 Section 15. The Clinical Social Work and Social Work
3Practice Act is amended by repealing Section 27.
4 Section 99. Effective date. This Act takes effect upon
5becoming law.

SB0768 Enrolled- 39 -LRB100 05742 SMS 15765 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.28
4 5 ILCS 80/4.38 new
5 225 ILCS 20/3from Ch. 111, par. 6353
6 225 ILCS 20/4from Ch. 111, par. 6354
7 225 ILCS 20/5from Ch. 111, par. 6355
8 225 ILCS 20/6from Ch. 111, par. 6356
9 225 ILCS 20/7from Ch. 111, par. 6357
10 225 ILCS 20/7.3
11 225 ILCS 20/9from Ch. 111, par. 6359
12 225 ILCS 20/9Afrom Ch. 111, par. 6359A
13 225 ILCS 20/10from Ch. 111, par. 6360
14 225 ILCS 20/14from Ch. 111, par. 6364
15 225 ILCS 20/19from Ch. 111, par. 6369
16 225 ILCS 20/21from Ch. 111, par. 6371
17 225 ILCS 20/22from Ch. 111, par. 6372
18 225 ILCS 20/25from Ch. 111, par. 6375
19 225 ILCS 20/26from Ch. 111, par. 6376
20 225 ILCS 20/28from Ch. 111, par. 6378
21 225 ILCS 20/30from Ch. 111, par. 6380
22 225 ILCS 20/31from Ch. 111, par. 6381
23 225 ILCS 20/32from Ch. 111, par. 6382
24 225 ILCS 20/33from Ch. 111, par. 6383
25 225 ILCS 20/34from Ch. 111, par. 6384

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