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


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: (Engrossed) 2017-05-26 - House Floor Amendment No. 2 Motion to Concur Assignments Referred to Licensed Activities and Pensions [SB0768 Detail]

Download: Illinois-2017-SB0768-Engrossed.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 Acts repealed on January 1, 2018.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8Acts are repealed on January 1, 2018: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.
13 (5) Conduct investigations related to possible
14 violations of this Act.
15 (6) Maintain rosters of the names and addresses of all
16 persons who hold valid licenses under this Act. These
17 rosters shall be available upon written request and payment
18 of the required fee.
19 2. The Secretary shall promulgate rules consistent with the
20provisions of this Act for the administration and enforcement
21thereof, and shall prescribe forms which shall be issued in
22connection therewith.
23 3. In addition, the Department shall:
24 (a) Establish rules for determining approved
25 undergraduate and graduate social work degree programs and
26 prepare and maintain a list of colleges and universities

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23 (Section scheduled to be repealed on January 1, 2018)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

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

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

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

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1completed in 3 years, the application shall be denied, the fee
2shall be forfeited, and the applicant must reapply and meet the
3requirements in effect at the time of reapplication.
4(Source: P.A. 90-150, eff. 12-30-97.)
5 (225 ILCS 20/7.3)
6 (Section scheduled to be repealed on January 1, 2018)
7 Sec. 7.3. Address of record; email address of record Change
8of address. All applicants and licensees shall:
9 (1) provide a valid address and email address to the
10 Department, which shall serve as the address of record and
11 email address of record, respectively, at the time of
12 application for licensure or renewal of a license; and
13 (2) An applicant or licensee must inform the Department
14 of any change of address of record or email address of
15 record within 14 days after , and such change changes must
16 be made either through the Department's website or by
17 contacting the Department's licensure maintenance unit.
18(Source: P.A. 95-687, eff. 10-23-07.)
19 (225 ILCS 20/9) (from Ch. 111, par. 6359)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 9. Qualifications Qualification for clinical social
22worker license. A person shall be qualified to be licensed as a
23clinical social worker if that person and the Department shall
24issue a license authorizing the independent practice of

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1clinical social work to an applicant who:
2 (1) has applied in writing on the prescribed form;
3 (2) is of good moral character. In determining good
4 moral character, the Department may take into
5 consideration whether the applicant was engaged in conduct
6 or actions that would constitute grounds for discipline
7 under this Act;
8 (3)(a) (A) demonstrates to the satisfaction of the
9 Department that subsequent to securing a master's degree in
10 social work from an approved program the applicant has
11 successfully completed at least 3,000 hours of
12 satisfactory, supervised clinical professional experience;
13 or
14 (b) (B) demonstrates to the satisfaction of the
15 Department that such applicant has received a doctor's
16 degree in social work from an approved program and has
17 completed at least 2,000 hours of satisfactory, supervised
18 clinical professional experience subsequent to the degree;
19 (4) has passed the examination for the practice of
20 clinical social work as authorized by the Department; and
21 (5) has paid the required fees.
22(Source: P.A. 95-687, eff. 10-23-07.)
23 (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
24 (Section scheduled to be repealed on January 1, 2018)
25 Sec. 9A. Qualifications for license as licensed social

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1worker. A person shall be qualified to be licensed as a
2licensed social worker if that person and the Department shall
3issue a license authorizing the practice of social work to an
4applicant who:
5 (1) has applied in writing on the prescribed form;
6 (2) is of good moral character, as defined in
7 subsection (2) of Section 9;
8 (3)(a) has a degree from a graduate program of social
9 work approved by the Department; or
10 (b) has a degree in social work from an undergraduate
11 program approved by the Department and has successfully
12 completed at least 3 years of supervised professional
13 experience subsequent to obtaining the degree as
14 established by rule. If no supervision by a licensed social
15 worker or a licensed clinical social worker is available,
16 then supervised professional experience may include
17 supervision by other appropriate disciplines as defined by
18 rule;
19 (4) has passed the examination for the practice of
20 social work as a licensed social worker as authorized by
21 the Department; and
22 (5) has paid the required fees.
23(Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99.)
24 (225 ILCS 20/10) (from Ch. 111, par. 6360)
25 (Section scheduled to be repealed on January 1, 2018)

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

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1social worker, a licensed clinical psychologist, a licensed
2clinical professional counselor, a licensed marriage and
3family therapist, or a psychiatrist, as defined in Section
41-121 of the Mental Health and Developmental Disabilities Code.
5 (d) No business organization association, partnership, or
6professional limited liability company shall provide, attempt
7to provide, or offer to provide social work or clinical social
8work services unless every member, shareholder, partner,
9director, officer, holder of any other ownership interest, and
10employee of the association, partnership, or professional
11limited liability company who practices social work or clinical
12social work or who renders social work or clinical social work
13services holds a currently valid current license issued under
14this Act. No business shall be created that (1) has a stated
15purpose that includes social work or clinical social work, or
16(2) provides provide, attempts attempt to provide, or offers
17offer to provide social work or clinical social work services
18unless it is organized under the Professional Service
19Corporation Act, the Medical Corporation Act, or the
20Professional Limited Liability Company Act.
21 (e) Nothing in this Act shall preclude individuals licensed
22under this Act from practicing directly or indirectly for a
23physician licensed to practice medicine in all its branches
24under the Medical Practice Act of 1987 or for any legal entity
25as provided under subsection (c) of Section 22.2 of the Medical
26Practice Act of 1987.

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1 (f) Nothing in this Act shall preclude individuals licensed
2under this Act from practicing directly or indirectly for any
3hospital licensed under the Hospital Licensing Act or any
4hospital affiliate as defined in Section 10.8 of the Hospital
5Licensing Act and any hospital authorized under the University
6of Illinois Hospital Act.
7(Source: P.A. 99-227, eff. 8-3-15.)
8 (225 ILCS 20/14) (from Ch. 111, par. 6364)
9 (Section scheduled to be repealed on January 1, 2018)
10 Sec. 14. Checks or order to Department dishonored because
11of insufficient funds. Any person who delivers a check or other
12payment to the Department that is returned to the Department
13unpaid by the financial institution upon which it is drawn
14shall pay to the Department, in addition to the amount already
15owed to the Department, a fine of $50. The fines imposed by
16this Section are in addition to any other discipline provided
17under this Act for unlicensed practice or practice on a
18nonrenewed license. The Department shall notify the person that
19payment of fees and fines shall be paid to the Department by
20certified check or money order within 30 calendar days of the
21notification. If, after the expiration of 30 days from the date
22of the notification, the person has failed to submit the
23necessary remittance, the Department shall automatically
24terminate the license or certificate or deny the application,
25without hearing. If, after termination or denial, the person

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1seeks a license or certificate, he or she shall apply to the
2Department for restoration or issuance of the license or
3certificate and pay all fees and fines due to the Department.
4The Department may establish a fee for the processing of an
5application for restoration of a license or certificate to pay
6all expenses of processing this application. The Secretary may
7waive the fines due under this Section in individual cases
8where the Secretary finds that the fines would be unreasonable
9or unnecessarily burdensome.
10(Source: P.A. 95-687, eff. 10-23-07.)
11 (225 ILCS 20/19) (from Ch. 111, par. 6369)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 19. Grounds for disciplinary action.
14 (1) The Department may refuse to issue or , refuse to renew
15a license, or may suspend, or revoke any license, or may place
16on probation, censure, reprimand, or take any other
17disciplinary or non-disciplinary action deemed appropriate by
18the Department, including the imposition of fines not to exceed
19$10,000 for each violation, with regard to any license issued
20under the provisions of this Act for any one or a combination
21of the following grounds reasons:
22 (a) material misstatements of fact in furnishing
23 information to the Department or to any other State agency
24 or in furnishing information to any insurance company with
25 respect to a claim on behalf of a licensee or a patient;

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1 (b) violations or negligent or intentional disregard
2 of this Act, or any of the rules promulgated hereunder;
3 (c) conviction of or entry of a plea of guilty or nolo
4 contendere, finding of guilt, jury verdict, or entry of
5 judgment or sentencing, including, but not limited to,
6 convictions, preceding sentences of supervision,
7 conditional discharge, or first offender probation, to any
8 crime that is a felony under the laws of any jurisdiction
9 of the United States or any state or territory thereof or
10 that is (i) a felony or (ii) a misdemeanor, of which an
11 essential element of which is dishonesty, or any crime that
12 is directly related to the practice of the clinical social
13 work or social work professions;
14 (d) fraud or making any misrepresentation in applying
15 for or procuring a license under for the purpose of
16 obtaining licenses, or violating any provision of this Act
17 or in connection with applying for renewal or restoration
18 of a license under this Act any of the rules promulgated
19 hereunder;
20 (e) professional incompetence;
21 (f) gross negligence in practice under this Act
22 malpractice;
23 (g) aiding or assisting another person in violating any
24 provision of this Act or its any rules;
25 (h) failing to provide information within 60 30 days in
26 response to a written request made by the Department;

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

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

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1 skills that results in the inability to practice the
2 profession with reasonable judgment, skill or safety;
3 (s) solicitation of professional services by using
4 false or misleading advertising; or
5 (t) violation of the Health Care Worker Self-Referral
6 Act; .
7 (u) willfully failing to report an instance of
8 suspected abuse, neglect, financial exploitation, or
9 self-neglect of an eligible adult as defined in and
10 required by the Adult Protective Services Act; or
11 (v) being named as an abuser in a verified report by
12 the Department on Aging under the Adult Protective Services
13 Act, and upon proof by clear and convincing evidence that
14 the licensee abused, neglected, or financially exploited
15 an eligible adult as defined in the Adult Protective
16 Services Act.
17 (2) (Blank).
18 (3) The determination by a court that a licensee is subject
19to involuntary admission or judicial admission as provided in
20the Mental Health and Developmental Disabilities Code, will
21result in an automatic suspension of his license. Such
22suspension will end upon a finding by a court that the licensee
23is no longer subject to involuntary admission or judicial
24admission and issues an order so finding and discharging the
25patient, and upon the recommendation of the Board to the
26Secretary that the licensee be allowed to resume professional

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

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

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1be present only to observe and may not interfere in any way
2with the examination.
3 (e) Failure of any person to submit to a mental or physical
4examination without reasonable cause, when ordered directed,
5shall result in an automatic be grounds for suspension of his
6or her a license until the person submits to the examination if
7the Board finds, after notice and hearing, that the refusal to
8submit to the examination was without reasonable cause.
9 (f) If the Department or Board finds a person unable to
10practice because of the reasons set forth in this Section, the
11Department or Board may require that person to submit to care,
12counseling, or treatment by physicians approved or designated
13by the Department or Board, as a condition, term, or
14restriction for continued, reinstated, or renewed licensure to
15practice; or, in lieu of care, counseling or treatment, the
16Department may file, or the Board may recommend to the
17Department to file, a complaint to immediately suspend, revoke,
18or otherwise discipline the license of the person. Any person
19whose license was granted, continued, reinstated, renewed,
20disciplined or supervised subject to such terms, conditions or
21restrictions, and who fails to comply with such terms,
22conditions, or restrictions, shall be referred to the Secretary
23for a determination as to whether the person shall have his or
24her license suspended immediately, pending a hearing by the
25Department Board.
26 (g) All fines imposed shall be paid within 60 days after

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

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1or licensee refusing to issue or renew a license, at least 30
2days prior to the date set for the hearing: (i) , notify, in
3writing, the accused applicant for, or holder of, a license of
4the nature of the charges made and the time and place for the
5that a hearing on the charges, (ii) will be held on the date
6designated. The Department shall direct him or her the
7applicant or licensee to file a written answer to the charges
8Board under oath within 20 days after the service of the
9notice, and (iii) inform the applicant or licensee that failure
10to file an answer will result in a default being entered taken
11against the applicant or licensee and that the license or
12certificate may be suspended, revoked, placed on probationary
13status, or other disciplinary action may be taken, including
14limiting the scope, nature or extent of practice, as the
15Secretary may deem proper.
16 (c) Written or electronic notice, and any notice in the
17subsequent proceeding, may be served by personal delivery, by
18email, or by certified or registered mail to the applicant or
19licensee at his or her the applicant's last address of record
20or email address of record. In case the person fails to file an
21answer after receiving notice, his or her license or
22certificate may, in the discretion of the Department, be
23suspended, revoked, or placed on probationary status, or the
24Department may take whatever disciplinary action deemed
25proper, including limiting the scope, nature, or extent of the
26person's practice or the imposition of a fine, without a

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

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1complaint, all other documents in the nature of pleadings,
2written motions filed in the proceedings, the transcript of
3testimony, the report of the Board and orders of the Department
4shall be in the record of such proceeding. The Department shall
5furnish a copy transcript of the record to any person upon
6payment of the fee required under Section 2105-115 of the
7Department of Professional Regulation Law (20 ILCS
82105/2105-115).
9(Source: P.A. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00.)
10 (225 ILCS 20/25) (from Ch. 111, par. 6375)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 25. Findings and recommendations. At the conclusion of
13the hearing the Board shall present to the Secretary a written
14report of its findings of fact, conclusions of law and
15recommendations. The report shall contain a finding whether or
16not the licensee violated this act or failed to comply with the
17conditions required in this Act. The Board shall specify the
18nature of the violation or failure to comply, and shall make
19its recommendations to the Secretary.
20 The report of findings of fact, conclusions of law, and
21recommendation of the Board shall be the basis for the
22Department's order or refusal or for the granting of the
23license. If the Secretary disagrees with the recommendations of
24the Board, the Secretary may issue an order in contravention
25thereof. The Secretary shall provide a written report to the

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

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

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

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

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

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1the license.
2(Source: P.A. 90-150, eff. 12-30-97.)
3 (225 ILCS 20/32) (from Ch. 111, par. 6382)
4 (Section scheduled to be repealed on January 1, 2018)
5 Sec. 32. Summary Temporary suspension of a license. The
6Secretary may summarily temporarily suspend the license of a
7licensed clinical social worker or licensed social worker
8without a hearing simultaneously with the institution of
9proceedings for a hearing provided for in Section 21 of this
10Act if the Secretary finds that conclusive evidence in his or
11her possession indicates indicating that a licensee's
12continuation in practice would constitute an imminent danger to
13the public. In the event the Secretary summarily temporarily
14suspends such license without a hearing, a hearing by the Board
15or Department shall be held within 30 calendar days after the
16such suspension has occurred.
17(Source: P.A. 95-687, eff. 10-23-07.)
18 (225 ILCS 20/33) (from Ch. 111, par. 6383)
19 (Section scheduled to be repealed on January 1, 2018)
20 Sec. 33. Administrative review review - venue.
21 1. All final administrative decisions of the Department are
22subject to judicial review pursuant to the Administrative
23Review Law and all rules adopted pursuant thereto. The term
24"Administrative decision" is defined as in Section 3-101 of the

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

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1that Act were included in this Act, except that the provision
2of subsection (d) of Section 10-65 of the Illinois
3Administrative Procedure Act that provides that at hearings the
4licensee has the right to show compliance with all lawful
5requirements for retention, continuation or renewal of the
6license is specifically excluded. For the purpose of this Act
7the notice required under Section 10-25 of the Illinois
8Administrative Procedure Act is deemed sufficient when mailed
9to the last known address of a party.
10(Source: P.A. 88-45.)
11 (225 ILCS 20/37) (from Ch. 111, par. 6387)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 37. Home rule Public policy. It is declared to be the
14public policy of this State, pursuant to paragraphs (h) and (i)
15of Section 6 of Article VII of the Illinois Constitution of
161970, that any power or function set forth in this Act to be
17exercised by the State is an exclusive State power or function.
18Such power or function shall not be exercised concurrently,
19either directly or indirectly, by any unit of local government,
20including home rule units, except as otherwise provided in this
21Act.
22(Source: P.A. 85-967.)
23 (225 ILCS 20/27 rep.)
24 Section 15. The Clinical Social Work and Social Work

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1Practice Act is amended by repealing Section 27.
2 Section 99. Effective date. This Act takes effect upon
3becoming law.

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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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