|
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; |
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. |
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, |
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; |
96-328, eff. 8-11-09.)
|
(5 ILCS 80/4.38 new) |
Sec. 4.38. Act repealed on January 1, 2028. The following |
Act is repealed on January 1, 2028: |
The Clinical Social Work and Social Work Practice Act.
|
Section 10. The Clinical Social Work and Social Work |
Practice Act is amended by changing Sections 3, 4, 5, 6, 7, |
7.3, 9, 9A, 10, 14, 19, 21, 22, 25, 26, 28, 30, 31, 32, 33, 34, |
36, and 37 as follows:
|
(225 ILCS 20/3) (from Ch. 111, par. 6353)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 3. Definitions. : The following words and phrases shall |
have the
meanings ascribed to them in this Section unless the |
context clearly
indicates otherwise:
|
1. "Department" means the Department of Financial and
|
Professional Regulation.
|
2. "Secretary" means the Secretary of Financial and |
Professional
Regulation.
|
3. "Board" means the Social Work Examining and Disciplinary |
|
Board.
|
4. "Licensed Clinical Social Worker" means a person who |
holds a license
authorizing the independent practice of |
clinical social work in Illinois
under the auspices of an |
employer or in private practice or under the auspices of public |
human service agencies or private, nonprofit agencies |
providing publicly sponsored human services.
|
5. "Clinical social work practice" means the providing of |
mental health
services for the evaluation, treatment, and |
prevention of mental and
emotional disorders in individuals, |
families, and groups based on knowledge
and theory of |
professionally accepted theoretical structures, including, but |
not limited to, psychosocial development, behavior, |
psychopathology,
unconscious motivation, interpersonal |
relationships, and environmental stress.
|
6. "Treatment procedures" means among other things, |
individual,
marital, family, and group psychotherapy.
|
7. "Independent practice of clinical social work" means the |
application
of clinical social work knowledge and skills by a |
licensed clinical social
worker who regulates and is |
responsible for her or his own practice or
treatment |
procedures.
|
8. "License" means that which is required to practice |
clinical social
work or social work under this Act, the |
qualifications for which include specific
education, |
acceptable experience, and examination requirements.
|
|
9. "Licensed social worker" means a person who holds a |
license authorizing
the practice of social work, which includes |
social services to individuals,
groups or communities in any |
one
or more of the fields of social casework, social group |
work, community
organization for social welfare, social work |
research, social welfare
administration, or social work |
education. Social casework and social group
work may also |
include clinical social work, as long as it is not conducted
in |
an independent practice, as defined in this Section. |
10. "Address of record" means the address recorded by the |
Department in the applicant's application file or the |
licensee's application file or license file, as maintained by |
the Department's licensure maintenance unit.
|
11. "Email address of record" means the designated email |
address recorded by the Department in the applicant's |
application file or the licensee's license file, as maintained |
by the Department's licensure maintenance unit. |
(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
|
(225 ILCS 20/4) (from Ch. 111, par. 6354)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 4. Exemptions.
|
1. This Act does not prohibit any of the following:
|
(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
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.
|
(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.
|
(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.
|
(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. |
|
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.
|
3. This Act does not prohibit a person serving as a |
volunteer so long
as no representation prohibited by this |
Section is made.
|
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.
|
(Source: P.A. 88-620, eff. 1-1-95.)
|
(225 ILCS 20/5) (from Ch. 111, par. 6355)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 5. Powers and duties of the Department. Subject to the |
provisions of this Act, the 1. The Department shall exercise |
the following functions, powers, and duties: as set
forth in |
this Act.
|
(1) Conduct or authorize examinations to ascertain the |
qualifications and fitness of candidates for a license to |
engage in the independent practice of clinical social work |
and in the practice of social work, pass upon the |
|
qualifications of applicants for licenses, and issue |
licenses to those who are found to be fit and qualified. |
(2) Adopt rules required for the administration and |
enforcement of this Act. |
(3) Adopt rules for determining approved undergraduate |
and graduate social work degree programs and prepare and |
maintain a list of colleges and universities offering such |
approved programs whose graduates, if they otherwise meet |
the requirements of this Act, are eligible to apply for a |
license. |
(4) Prescribe forms to be issued for the administration |
and enforcement of this Act consistent with and reflecting |
the requirements of this Act and rules adopted pursuant to |
this Act. |
(5)
Conduct investigations related to possible |
violations of this Act. |
(6) Maintain rosters of the names and addresses of all |
persons who hold valid licenses under this Act. These |
rosters shall be available upon written request and payment |
of the required fee. |
2. The Secretary shall promulgate rules consistent with the |
provisions of
this Act for the administration and enforcement |
thereof, and shall
prescribe forms which shall be issued in |
connection therewith.
|
3. In addition, the Department shall:
|
(a) Establish rules for determining approved |
|
undergraduate
and graduate social work degree
programs and |
prepare and maintain a list of colleges and universities
|
offering such approved programs whose graduates, if they |
otherwise meet the
requirements of this Act, are eligible |
to apply for a license.
|
(b) Promulgate rules, as may be necessary, for the |
administration of
this Act and to carry out the purposes |
thereof and to adopt the methods of
examination of |
candidates and to provide for the issuance of licenses
|
authorizing the independent practice of clinical social |
work or the
practice of social work.
|
(c) Authorize examinations to ascertain the |
qualifications and fitness
of candidates for a license to |
engage in the independent practice of
clinical social work |
and in the practice of social work, and to
determine the |
qualifications of applicants from
other jurisdictions to |
practice in Illinois.
|
(d) Maintain rosters of the names and addresses of all |
licensees, and
all persons whose licenses have been |
suspended, revoked or denied renewal
for cause within the |
previous calendar year. These rosters shall be
available |
upon written request and payment of the required fee.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/6) (from Ch. 111, par. 6356)
|
(Section scheduled to be repealed on January 1, 2018)
|
|
Sec. 6. Social Work Examining and Disciplinary Board.
|
(1) The Secretary shall appoint a Social Work Examining and
|
Disciplinary Board consisting of 9 persons who shall serve in |
an
advisory capacity to the Secretary. The Board shall be |
composed of 6
licensed clinical social workers, one of whom |
shall be employed in a public human service agency, one of whom |
shall be a certified school
social worker, one of whom shall be |
employed in the private not-for-profit
sector and one of whom |
shall serve as the chairperson, 2 two licensed social
workers, |
and one member of the public who is not regulated under this |
Act
or a similar Act and who clearly represents consumer |
interests.
|
(2) Members shall serve for a term of 4 years each, except |
that any person chosen to fill a vacancy shall be appointed |
only for the unexpired term of the Board member whom he or she |
shall succeed. Upon the expiration of this term of office, a |
Board member shall continue to serve until a successor is and |
until their
successors are appointed and qualified. No member |
shall serve more than 2 consecutive 4-year terms be
reappointed |
if such reappointment would cause that person's service on the
|
Board to be longer than 8 successive years. Appointments to |
fill vacancies
for the unexpired portion of a vacated term |
shall be made in the same
manner as original appointments.
|
(3) The membership of the Board should represent racial and |
cultural diversity and reasonably reflect
representation from |
different geographic areas of Illinois.
|
|
(4) The Secretary may terminate the appointment of any |
member for
cause.
|
(5) The Secretary may shall consider the recommendation of |
the Board
on all matters and questions relating to this Act, |
such as: (i) matters relating to continuing education, |
including the number of hours necessary for license renewal, |
waivers for those unable to meet such requirements, and |
acceptable course content and (ii) rules for administration of |
this Act.
|
(6) (Blank). The Board is charged with the duties and |
responsibilities of
recommending to the Secretary the adoption |
of all policies, procedures and
rules which may be required or |
deemed advisable in order to perform the
duties and functions |
conferred on the Board, the Secretary and the
Department to |
carry out the provisions of this Act.
|
(7) (Blank). The Board may make recommendations on all |
matters relating to
continuing education including the number |
of hours necessary for license
renewal, waivers for those |
unable to meet such requirements and acceptable
course content. |
Such recommendations shall not impose an undue burden on
the |
Department or an unreasonable restriction on those seeking |
license renewal.
|
(8) The Board shall annually elect one of its members as |
chairperson and
one as vice chairperson.
|
(9) Members of the Board shall be reimbursed for all |
authorized legitimate,
and necessary, and authorized expenses |
|
incurred in attending the meetings of the Board.
|
(10) A majority of the Board members currently appointed |
shall constitute a
quorum. A vacancy in the membership of the |
Board shall not impair the right of
a quorum to perform all of |
the duties of the Board.
|
(11) Members of the Board shall have no liability in an |
action based upon
a disciplinary proceeding or other activity |
performed in good faith as a
member of the Board.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/7) (from Ch. 111, par. 6357)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 7. Applications for original license. Applications |
for original
licenses shall be made to the Department on forms |
or electronically as prescribed by the
Department and |
accompanied by the required fee which shall not be refundable.
|
All applications shall contain such information which, in the |
judgment of the
Department, will enable the Department to pass |
on the qualifications of
the applicant for a license as a |
licensed clinical social
worker or as a licensed social worker.
|
A license to practice shall not be denied an applicant |
because of the
applicant's race, religion, creed, national |
origin, political beliefs or
activities, age, sex, sexual |
orientation, or physical disability that does not affect a |
person's ability to practice with reasonable judgment, skill, |
or safety impairment.
|
|
Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years, the
application shall be denied, the fee |
shall be forfeited, and the applicant must
reapply and meet the |
requirements in effect at the time of reapplication.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/7.3) |
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 7.3. Address of record; email address of record Change |
of address. All applicants and licensees shall: |
(1) provide a valid address and email address to the |
Department, which shall serve as the address of record and |
email address of record, respectively, at the time of |
application for licensure or renewal of a license; and |
(2) An applicant or licensee must inform the Department |
of any change of address of record or email address of |
record within 14 days after , and such change changes must |
be made either through the Department's website or by |
contacting the Department's licensure maintenance unit.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/9) (from Ch. 111, par. 6359)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 9. Qualifications Qualification for clinical social |
worker license. A person shall be qualified to be
licensed as a |
|
clinical social worker if that person and the Department shall |
issue a
license authorizing the independent practice of |
clinical social work to
an applicant who:
|
(1) has applied in writing on the prescribed form;
|
(2) is of good moral character. In determining good |
moral
character, the Department may take into |
consideration whether the applicant was
engaged in conduct |
or actions that would constitute grounds for discipline
|
under this
Act;
|
(3)(a) (A) demonstrates to the satisfaction of the |
Department
that
subsequent to securing a master's degree in |
social work from an approved
program the applicant has |
successfully completed at least 3,000 hours of
|
satisfactory, supervised clinical professional experience; |
or
|
(b) (B) demonstrates to the satisfaction of the |
Department that
such
applicant has received a doctor's |
degree in social work from an approved
program and has |
completed at least 2,000 hours of satisfactory, supervised
|
clinical professional experience subsequent to the degree;
|
(4) has passed the examination for the practice of |
clinical
social work
as authorized by the Department; and
|
(5) has paid the required fees.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
|
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 9A. Qualifications for license as licensed social |
worker. A
person shall be qualified to be licensed as a |
licensed social worker if that person and
the Department shall |
issue a license authorizing the practice of social
work to an |
applicant who:
|
(1) has applied in writing on the prescribed form;
|
(2) is of good moral character, as defined in |
subsection (2) of
Section 9;
|
(3)(a) has a degree from a graduate program of social |
work
approved by the Department; or
|
(b) has a degree in social work from an undergraduate
|
program approved by the Department and has successfully |
completed at least
3 years of supervised professional |
experience subsequent to obtaining the
degree as |
established by rule. If
no supervision by a licensed social |
worker or a licensed clinical social
worker is available, |
then supervised professional experience may include
|
supervision by other appropriate disciplines as defined by |
rule;
|
(4) has passed the examination for the practice of |
social work as
a licensed social worker as authorized by |
the Department; and
|
(5) has paid the required fees.
|
(Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99.)
|
|
(225 ILCS 20/10) (from Ch. 111, par. 6360)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 10. License restrictions and limitations.
|
(a) No person shall, without a currently valid license as a |
social worker
issued by the Department: (i) in any manner hold |
himself or herself out to the
public as a social worker under |
this Act; (ii) use the title "social worker" or
"licensed |
social worker"; or (iii) offer to render to individuals,
|
corporations, or the public social work services if the words |
"social work" or
"licensed social worker" are used to describe |
the person offering to render or
rendering the services or to |
describe the services rendered or offered to be
rendered.
|
(b) No person shall, without a currently valid license as a |
clinical social worker
issued by the Department: (i) in any |
manner hold himself or herself out to the
public as a clinical |
social worker or licensed clinical social worker under
this |
Act; (ii) use the title "clinical social worker" or "licensed |
clinical
social worker"; or (iii) offer to render to |
individuals, corporations, or the
public clinical social work |
services if the words "licensed clinical social
worker" or |
"clinical social work" are used to describe the person to |
render or
rendering the services or to describe the
services |
rendered or offered to be rendered.
|
(c) Licensed social workers may not engage in independent |
practice of
clinical social work without a clinical social |
worker license. In independent
practice, a licensed social |
|
worker shall practice at all times under the order,
control, |
and full professional responsibility of a licensed clinical |
social
worker, a licensed clinical psychologist, a licensed |
clinical professional counselor, a licensed marriage and |
family therapist, or a psychiatrist, as defined in
Section |
1-121 of the Mental Health and Developmental Disabilities Code.
|
(d) No business organization association, partnership, or |
professional limited liability company shall provide, attempt |
to provide, or offer to provide social work or clinical social |
work services unless every
member, shareholder, partner, |
director, officer, holder of any other ownership interest, and |
employee of the association, partnership, or professional |
limited liability company who practices
social work or clinical |
social work or who renders social work or clinical
social work |
services holds a currently valid current license issued under |
this Act.
No business shall be created that (1) has a stated |
purpose that includes social work or clinical social work, or |
(2) provides provide, attempts attempt to provide, or offers |
offer to provide social work or clinical social work services |
unless it is organized under the
Professional Service |
Corporation Act, the Medical Corporation Act, or the |
Professional Limited Liability Company Act.
|
(e) Nothing in this Act shall preclude individuals licensed |
under this Act from practicing directly or indirectly for a |
physician licensed to practice medicine in all its branches |
under the Medical Practice Act of 1987 or for any legal entity |
|
as provided under subsection (c) of Section 22.2 of the Medical |
Practice Act of 1987. |
(f) Nothing in this Act shall preclude individuals licensed |
under this Act from practicing directly or indirectly for any |
hospital licensed under the Hospital Licensing Act or any |
hospital affiliate as defined in Section 10.8 of the Hospital |
Licensing Act and any hospital authorized under the University |
of Illinois Hospital Act. |
(Source: P.A. 99-227, eff. 8-3-15.)
|
(225 ILCS 20/14) (from Ch. 111, par. 6364)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 14. Checks or order to Department dishonored because |
of insufficient
funds.
Any person who delivers a check or other |
payment to the Department that
is returned to the Department |
unpaid by the financial institution upon
which it is drawn |
shall pay to the Department, in addition to the amount
already |
owed to the Department, a fine of $50. The fines imposed by |
this Section are in addition
to any other discipline provided |
under this Act for unlicensed
practice or practice on a |
nonrenewed license. The Department shall notify
the person that |
payment of fees and fines shall be paid to the Department
by |
certified check or money order within 30 calendar days of the
|
notification. If, after the expiration of 30 days from the date |
of the
notification, the person has failed to submit the |
necessary remittance, the
Department shall automatically |
|
terminate the license or certificate or deny
the application, |
without hearing. If, after termination or denial, the
person |
seeks a license or certificate, he or she shall apply to the
|
Department for restoration or issuance of the license or |
certificate and
pay all fees and fines due to the Department. |
The Department may establish
a fee for the processing of an |
application for restoration of a license or
certificate to pay |
all expenses of processing this application. The Secretary
may |
waive the fines due under this Section in individual cases |
where the Secretary finds that the fines would be unreasonable |
or unnecessarily
burdensome.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/19) (from Ch. 111, par. 6369)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 19. Grounds for disciplinary action.
|
(1) The Department may refuse to issue or , refuse to renew |
a license, or may suspend, or
revoke any license, or may place |
on probation, censure, reprimand, or take
any other |
disciplinary or non-disciplinary action deemed appropriate by |
the Department, including the
imposition of fines not to exceed |
$10,000
for each violation, with regard to any
license issued |
under the provisions of this Act for any one or a combination |
of
the following grounds reasons:
|
(a) material misstatements of fact in furnishing |
information to the
Department or to any other State agency |
|
or in furnishing information to any
insurance company with |
respect to a claim on behalf of a licensee or a patient;
|
(b) violations or negligent or intentional disregard |
of this Act, or any
of the rules promulgated hereunder;
|
(c) conviction of or entry of a plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, to any |
crime that is a felony under the laws of any jurisdiction |
of the United States or any
state or territory thereof or |
that is (i) a felony or (ii) a misdemeanor, of
which an |
essential
element of which is dishonesty, or any crime that |
is directly related
to the practice of the clinical social |
work or social work professions;
|
(d) fraud or making any misrepresentation in applying |
for or procuring a license under for the purpose of |
obtaining licenses,
or violating any provision of this Act |
or in connection with applying for renewal or restoration |
of a license under this Act any of the rules promulgated
|
hereunder;
|
(e) professional incompetence;
|
(f) gross negligence in practice under this Act |
malpractice;
|
(g) aiding or assisting another person in violating any |
provision of this
Act or its any rules;
|
|
(h) failing to provide information within 60 30 days in |
response to a
written request made by the Department;
|
(i) engaging in dishonorable, unethical or |
unprofessional conduct of a
character likely to deceive, |
defraud or harm the public as defined by the
rules of the |
Department, or violating the rules of professional conduct
|
adopted by the Board and published by the Department;
|
(j) habitual
or excessive use or abuse of drugs defined |
in law as controlled substances, of addiction to alcohol, |
narcotics, stimulants, or of any other substances
chemical |
agent or drug that results in the a clinical social |
worker's or social
worker's inability to practice
with |
reasonable judgment, skill, or safety;
|
(k) adverse action taken discipline by another state or |
jurisdiction, if at least one of the grounds
for the |
discipline is the same or substantially equivalent to those |
set
forth in this Section;
|
(l) directly or indirectly giving to or receiving from |
any person, firm,
corporation, partnership, or association |
any fee, commission, rebate or
other form of compensation |
for any professional service not actually rendered. |
Nothing in this paragraph (l) affects any bona fide |
independent contractor or employment arrangements among |
health care professionals, health facilities, health care |
providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
|
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
within the scope of the licensee's practice under this Act. |
Nothing in this paragraph (l) shall be construed to require |
an employment arrangement to receive professional fees for |
services rendered;
|
(m) a finding by the Department Board that the |
licensee, after having the license
placed on probationary |
status, has violated the terms of probation or failed to |
comply with such terms;
|
(n) abandonment, without cause, of a client;
|
(o) willfully making or wilfully filing false records |
or reports relating to a licensee's practice,
including, |
but not limited to, false records filed with Federal or |
State
agencies or departments;
|
(p) willfully wilfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting Act;
|
(q) being named as a perpetrator in an indicated report |
by the
Department of Children and Family Services under the |
Abused and
Neglected Child Reporting Act, and upon proof by |
clear and convincing evidence
that the licensee has caused |
a child to be or failed to take reasonable steps to prevent |
a child from being an abused child or neglected child
as |
defined in the Abused and Neglected Child Reporting Act;
|
(r) physical illness, mental illness, or any other |
|
impairment or disability, including, but not limited to,
|
deterioration through the
aging process, or loss of motor |
skills that results in the inability
to practice the |
profession with reasonable judgment, skill or safety;
|
(s) solicitation of professional services by using |
false or
misleading advertising; or
|
(t) violation of the Health Care Worker Self-Referral |
Act; .
|
(u) willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act; or |
(v) being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective Services |
Act, and upon proof by clear and convincing evidence that |
the licensee abused, neglected, or financially exploited |
an eligible adult as defined in the Adult Protective |
Services Act. |
(2) (Blank).
|
(3) The determination by a court that a licensee is subject |
to
involuntary
admission or judicial admission as provided in |
the Mental Health and
Developmental Disabilities Code, will |
result in an automatic suspension of his
license. Such |
suspension will end upon a finding by a court that the licensee
|
is no longer subject to involuntary admission or judicial |
admission and issues
an order so finding and discharging the |
|
patient, and upon the recommendation of
the Board to the |
Secretary that the licensee be allowed to resume professional
|
practice.
|
(4) The Department shall may refuse to issue or renew or |
may suspend the license of a
person who (i) fails to file a |
return, pay the tax, penalty, or interest shown in a
filed |
return, or pay any final assessment of tax, penalty, or |
interest, as
required by any tax Act administered by the |
Department of Revenue,
until the requirements of the tax Act |
are satisfied or (ii) has failed to pay any court-ordered child |
support as determined by a court order or by
referral from the |
Department of Healthcare and Family Services.
|
(5)(a) In enforcing this Section, the Department or Board, |
upon a showing of a possible
violation, may compel a person |
licensed to practice under this Act, or
who has applied for |
licensure under or certification pursuant to this Act, to |
submit
to a mental or physical examination, or both, which may |
include a substance abuse or sexual offender evaluation, as |
required by and at the expense
of the Department. |
(b) The Department shall specifically designate the |
examining physician licensed to practice medicine in all of its |
branches or, if applicable, the multidisciplinary team |
involved in providing the mental or physical examination or |
both. The multidisciplinary team shall be led by a physician |
licensed to practice medicine in all of its branches and may |
consist of one or more or a combination of physicians licensed |
|
to practice medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to submit |
to an examination pursuant to this Section to submit to any |
additional supplemental testing deemed necessary to complete |
any examination or evaluation process, including, but not |
limited to, blood testing, urinalysis, psychological testing, |
or neuropsychological testing. physicians
shall be those |
specifically designated by the Board.
|
(c) The Board or the Department may order the examining |
physician or any member of the multidisciplinary team
to |
present testimony concerning this mental or physical
|
examination
of the licensee or applicant. No information, |
report, record, or other documents in any way related to the |
examination shall be excluded by reason of
any common law or |
statutory privilege relating to communications between the
|
licensee or applicant and the examining physician or any member |
of the multidisciplinary team.
No authorization is necessary |
from the licensee or applicant ordered to undergo an |
examination for the examining physician or any member of the |
multidisciplinary team to provide information, reports, |
records, or other documents or to provide any testimony |
regarding the examination and evaluation. |
(d) The person to be examined may have, at his or her own |
|
expense, another
physician of his or her choice present during |
all
aspects of the examination. However, that physician shall |
be present only to observe and may not interfere in any way |
with the examination. |
(e) Failure of any person to submit to a mental or
physical |
examination without reasonable cause, when ordered directed, |
shall result in an automatic be grounds for suspension of his |
or her a
license until the person submits to the examination if |
the Board finds,
after notice and hearing, that the refusal to |
submit to the examination was
without reasonable cause.
|
(f) If the Department or Board finds a person unable to |
practice because of the reasons
set forth in this Section, the |
Department or Board may require that person to submit to
care, |
counseling, or treatment by physicians
approved
or designated |
by the Department or Board, as a condition, term, or |
restriction for continued,
reinstated, or
renewed licensure to |
practice; or, in lieu of care, counseling or treatment,
the |
Department may file, or the
Board may recommend to the |
Department to file, a complaint to immediately
suspend, revoke, |
or otherwise discipline the license of the person.
Any person |
whose
license was granted, continued, reinstated, renewed, |
disciplined or supervised
subject to such terms, conditions or |
restrictions, and who fails to comply with
such terms, |
conditions, or restrictions, shall be referred to the Secretary |
for
a
determination as to whether the person shall have his or |
her license
suspended immediately, pending a hearing by the |
|
Department Board.
|
(g) All fines imposed shall be paid within 60 days after |
the effective date of the order imposing the fine or in |
accordance with the terms set forth in the order imposing the |
fine. |
In instances in which the Secretary immediately suspends a |
person's license
under this Section, a hearing on that person's |
license must be convened by
the Department Board within 30 days |
after the suspension and completed without appreciable
delay.
|
The Department and Board shall have the authority to review the |
subject person's record of
treatment and counseling regarding |
the impairment, to the extent permitted by
applicable federal |
statutes and regulations safeguarding the confidentiality of
|
medical records.
|
A person licensed under this Act and affected under this |
Section shall
be
afforded an opportunity to demonstrate to the |
Department or Board that he or she can resume
practice in |
compliance with acceptable and prevailing standards under the
|
provisions of his or her license.
|
(Source: P.A. 98-756, eff. 7-16-14.)
|
(225 ILCS 20/21) (from Ch. 111, par. 6371)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 21. Investigations; notice and hearing. |
(a) The Department may
investigate the actions of any |
applicant or of any person holding or
claiming to hold a |
|
license under this Act. |
(b) The Department shall, before disciplining an applicant |
or licensee refusing to issue
or renew a license, at least 30 |
days prior to the date set for the
hearing: (i) ,
notify, in |
writing, the accused applicant for, or holder of, a license of |
the nature
of the charges made and the time and place for the |
that a hearing on the charges, (ii) will be held on the date |
designated.
The Department shall direct him or her the |
applicant or licensee to file a written
answer to the charges |
Board under oath within 20 days after the service of the
|
notice, and (iii) inform the applicant or licensee that failure |
to file an answer
will result in a default being entered taken |
against the applicant or licensee and
that the license or |
certificate may be
suspended, revoked, placed on probationary |
status, or other disciplinary
action may be taken, including |
limiting the scope, nature or extent of
practice, as the |
Secretary may deem proper. |
(c) Written or electronic notice, and any notice in the |
subsequent proceeding, may be served by personal delivery, by |
email, or by certified or
registered mail to the applicant or |
licensee at his or her the applicant's last address of record |
or email address of record.
In case the person fails to file an |
answer after receiving notice, his or
her license or |
certificate may, in the discretion of the Department, be
|
suspended, revoked, or placed on probationary status, or the |
Department may
take whatever disciplinary action deemed |
|
proper, including limiting the
scope, nature, or extent of the |
person's practice or the imposition of a
fine, without a |
hearing, if the act or acts charged constitute sufficient
|
grounds for such action under this Act.
|
(d) At the time and place fixed in the notice,
the Board or |
hearing officer appointed by the Secretary shall proceed to |
hear the charges and the parties or their
counsel shall be |
accorded ample opportunity to present any statements,
|
testimony, evidence and argument as may be pertinent to the |
charges or to
their defense. The Board or hearing officer may |
continue the a hearing from time to time.
|
(e) In case the person, after receiving the notice, fails |
to file an answer, his or her license may, in the discretion of |
the Secretary, having first received the recommendation of the |
Board, be suspended, revoked, or placed on probationary status, |
or be subject to whatever disciplinary action the Secretary |
considers proper, including limiting the scope, nature, or |
extent of the person's practice or the imposition of a fine, |
without hearing, if the act or acts charged constitute |
sufficient grounds for that action under this Act. |
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/22) (from Ch. 111, par. 6372)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 22. Record of proceedings Proceedings; transcript. |
The Department, at its
expense, shall preserve a record of all |
|
proceedings at the formal hearing
of any case involving the |
refusal to issue or to renew a license. The
notice of hearing, |
complaint, all other documents in the nature of
pleadings, |
written motions filed in the proceedings, the transcript of
|
testimony, the report of the Board and orders of the Department |
shall be in
the record of such proceeding.
The Department shall |
furnish a copy transcript of the record to any person upon
|
payment of the fee required under Section 2105-115 of the
|
Department of Professional Regulation Law (20 ILCS |
2105/2105-115).
|
(Source: P.A. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00.)
|
(225 ILCS 20/25) (from Ch. 111, par. 6375)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 25. Findings and recommendations. At the conclusion of |
the
hearing the Board shall present to the Secretary a written |
report of its
findings of fact, conclusions of law and |
recommendations. The report shall
contain a finding whether or |
not the licensee violated this act or
failed to comply with the |
conditions required in this Act. The Board shall
specify the |
nature of the violation or failure to comply, and shall make
|
its recommendations to the Secretary.
|
The report of findings of fact, conclusions of law, and |
recommendation of
the Board shall be the basis for the |
Department's order or refusal or for
the granting of the |
license. If the Secretary disagrees with the
recommendations of |
|
the Board, the Secretary may issue an order in
contravention |
thereof. The Secretary shall provide a written report to the
|
Board on any disagreement and shall specify the reasons for |
said action in
the final order. The finding is not admissible |
in evidence against the
person in a criminal prosecution |
brought for the violation of this Act, but
the hearing and |
findings are not a bar to a criminal prosecution brought for
|
the violation of this Act.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/26) (from Ch. 111, par. 6376)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 26. Hearing; motion for rehearing Board - Rehearing. |
(a) The Board or hearing officer appointed by the Secretary |
shall hear evidence in support of the formal charges and |
evidence produced by the licensee. At the conclusion of the |
hearing, the Board shall present to the Secretary a written |
report of its findings of fact, conclusions of law, and |
recommendations. If the Board fails to present its report, the |
applicant or licensee may request in writing a direct appeal to |
the Secretary, in which case the Secretary may issue an order |
based upon the report of the hearing officer and the record of |
the proceedings or issue an order remanding the matter back to |
the hearing officer for additional proceedings in accordance |
with the order. |
(b) At the conclusion of the hearing In any case involving |
|
the refusal to
issue or to renew a license or to discipline a |
licensee, a copy of the hearing officer's or
Board's report |
shall be served upon the applicant or licensee by the
|
Department, either personally or by registered or certified |
mail or as
provided in this Act for the service of the notice |
of hearing. Within 20 calendar
days after such service, the |
applicant or licensee may present to the
Department a motion in |
writing for a rehearing which shall specify the
particular |
grounds for rehearing therefor. The Department may respond to |
the motion for rehearing within 20 calendar days after its |
service on the Department. If no motion for a rehearing is |
filed, then
upon the expiration of the time specified for |
filing such a motion, or if a
motion for rehearing is denied, |
then upon such denial of a motion for rehearing, the Secretary |
may
enter an order in accordance with recommendations of the |
Board or hearing officer , except as
provided in Section 25 of |
this Act. If the applicant or licensee orders from the |
reporting service and pays for a transcript of the record |
within the time for filing a motion for rehearing, the 20-day |
period within which a motion may be filed shall commence upon |
the delivery of the transcript to the applicant or licensee.
|
(c) If the Secretary disagrees in any regard with the |
report of the Board, the Secretary may issue an order contrary |
to the report. |
(d) Whenever the Secretary is not satisfied that |
substantial justice has been done, the Secretary may order a |
|
rehearing by the same or another hearing officer. |
(e) At any point in any investigation or disciplinary |
proceeding provided for in this Act, both parties may agree to |
a negotiated consent order. The consent order shall be final |
upon signature of the Secretary. |
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/28) (from Ch. 111, par. 6378)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 28. Appointment of a hearing officer. Notwithstanding |
any other provision of this Act, the The Secretary has shall |
have the
authority to appoint any attorney duly licensed to |
practice law in the State of
Illinois to serve as the hearing |
officer in any action for refusal to issue
or renew a license |
or permit or to discipline a licensee. The Secretary shall
|
promptly notify the Board of any such appointment. The hearing |
officer
shall have full authority to conduct the hearing. The |
hearing officer shall report his or her
findings of fact, |
conclusions of law and recommendations to the Board and
to the |
Secretary. Upon receipt of the report, the Board shall have at |
least 60 days after
receipt of the
report to review it and |
present its findings of fact, conclusions of law
and |
recommendation to the Secretary. If the Board does not present |
its
report within the 60 days period, the respondent may |
request in writing a direct appeal to the Secretary, in which |
case the Secretary shall, within 7 calendar days after the |
|
request, issue an order directing the Board to issue its |
findings of fact, conclusions of law, and recommendations to |
the Secretary within 30 calendar days after such order. If the |
Board fails to issue its findings of fact, conclusions of law, |
and recommendations within that time frame to the Secretary |
after the entry of such order, the Secretary shall, within 30 |
calendar days thereafter, issue an order based upon the report |
of the hearing officer and the record of the proceedings or |
issue an order remanding the matter back to the hearing officer |
for additional proceedings in accordance with the order. If (i) |
a direct appeal is requested, (ii) the Board fails to issue its |
findings of fact, conclusions of law, and recommendations |
within the 30-day mandate from the Secretary or the Secretary |
fails to order the Board to do so, and (iii) the Secretary |
fails to issue an order within 30 calendar days thereafter, |
then the hearing officer's report is deemed accepted and a |
final decision of the Secretary. Notwithstanding any other |
provision of this Section, if the Secretary, upon review, |
determines that substantial justice has not been done in the |
revocation, suspension, or refusal to issue or renew a license |
or other disciplinary action taken as the result of the entry |
of the hearing officer's report, the Secretary may order a |
rehearing by the same or other examiners. If the
Secretary
|
disagrees with the
recommendation of the Board or of the |
hearing officer, the Secretary
may issue an
order in |
contravention of the Board's report. The Secretary
shall |
|
promptly provide a
written explanation to the Board on any such |
disagreement, and shall
specify the reasons for such action in |
the final order.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/30) (from Ch. 111, par. 6380)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 30. Restoration of suspended or revoked license. At |
any time
after the successful completion of a term of |
probation, suspension, or revocation of any license, the |
Department may
restore the license it to the licensee upon the |
written recommendation of the Board unless after an |
investigation and hearing the Board or Department determines |
that
restoration is not in the public interest. Where |
circumstances of suspension or revocation so indicate, the |
Department may require an examination of the licensee prior to |
restoring his or her license. No person whose license has been |
revoked as authorized in this Act may apply for restoration of |
that license or permit until such time as provided for in the |
Civil Administrative Code of Illinois.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/31) (from Ch. 111, par. 6381)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 31. Surrender of license. Upon the revocation or and |
suspension of any
the license, the licensee shall immediately |
|
surrender his or her license to
the
Department. If the licensee |
fails to do so, the Department shall have the
right to seize |
the license.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/32) (from Ch. 111, par. 6382)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 32. Summary Temporary suspension of a license. The |
Secretary may summarily
temporarily suspend the license of a |
licensed clinical social worker
or licensed social worker |
without a
hearing simultaneously with the institution of |
proceedings for a hearing
provided for in Section 21 of this |
Act if the Secretary finds that conclusive
evidence in his or |
her possession indicates indicating that a licensee's |
continuation
in practice would constitute an imminent danger to |
the public. In the event
the Secretary summarily temporarily |
suspends such license without a hearing, a
hearing by the Board |
or Department shall be held within 30 calendar
days after the |
such suspension has occurred.
|
(Source: P.A. 95-687, eff. 10-23-07.)
|
(225 ILCS 20/33) (from Ch. 111, par. 6383)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 33. Administrative review review - venue. |
1. All final administrative
decisions of the Department are |
subject to judicial review pursuant to the
Administrative |
|
Review Law and all rules adopted pursuant thereto. The term
|
"Administrative decision" is defined as in Section 3-101 of the |
Code of
Civil Procedure.
|
2. Proceedings for judicial review shall be commenced in |
the circuit
court of the county in which the party applying for |
review resides, but if
the party is not a resident of Illinois, |
the venue shall be in Sangamon County.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/34) (from Ch. 111, par. 6384)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 34. Certification of record; costs. The Department
|
shall not be required to certify any record to the court,
to |
file an answer in court or to otherwise appear in any court
in |
a judicial review proceeding, unless and until the Department |
has received from the plaintiff there is filed in the
court, |
with the complaint, a receipt from the Department
acknowledging |
payment of the costs of furnishing and certifying
the record, |
which costs shall be determined by the Department. Failure on |
the part of the plaintiff to
file a receipt in court shall be |
grounds for dismissal of the
action.
|
(Source: P.A. 87-1031.)
|
(225 ILCS 20/36) (from Ch. 111, par. 6386)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 36. Illinois Administrative Procedure Act. The |
|
Illinois Administrative Procedure
Act is hereby expressly |
adopted and incorporated herein as if all of the
provisions of |
that Act were included in this Act, except that the provision |
of
subsection (d) of Section 10-65 of the Illinois |
Administrative Procedure Act
that provides that at hearings the |
licensee has the right to show compliance
with all lawful |
requirements for retention, continuation or renewal of the
|
license is specifically excluded. For the purpose of this Act |
the notice
required under Section 10-25 of the Illinois |
Administrative Procedure Act is
deemed sufficient when mailed |
to the last known address of a party.
|
(Source: P.A. 88-45.)
|
(225 ILCS 20/37) (from Ch. 111, par. 6387)
|
(Section scheduled to be repealed on January 1, 2018)
|
Sec. 37. Home rule Public policy. It is declared to be the |
public policy of this
State, pursuant to paragraphs (h) and (i) |
of Section 6 of Article VII of
the Illinois Constitution of |
1970, that any power or function set forth in
this Act to be |
exercised by the State is an exclusive State power or
function. |
Such power or function shall not be exercised concurrently,
|
either directly or indirectly, by any unit of local government, |
including
home rule units, except as otherwise provided in this |
Act.
|
(Source: P.A. 85-967.)
|
