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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0414 [SB0768 Detail]

Download: Illinois-2017-SB0768-Engrossed.html

---

SB0768 Engrossed LRB100 05742 SMS 15765 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 and by adding Section 4.38 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.

SB0768 Engrossed - 2 - LRB100 05742 SMS 15765 b
(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

SB0768 Engrossed - 3 - LRB100 05742 SMS 15765 b
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.

SB0768 Engrossed - 4 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 5 - LRB100 05742 SMS 15765 b
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.

SB0768 Engrossed - 6 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 7 - LRB100 05742 SMS 15765 b
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.
(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

SB0768 Engrossed - 8 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 9 - LRB100 05742 SMS 15765 b
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.

SB0768 Engrossed - 10 - LRB100 05742 SMS 15765 b
(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

SB0768 Engrossed - 11 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 12 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 13 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 14 - LRB100 05742 SMS 15765 b
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)

SB0768 Engrossed - 15 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 16 - LRB100 05742 SMS 15765 b
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.

SB0768 Engrossed - 17 - LRB100 05742 SMS 15765 b
(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

SB0768 Engrossed - 18 - LRB100 05742 SMS 15765 b
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;

SB0768 Engrossed - 19 - LRB100 05742 SMS 15765 b
(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;

SB0768 Engrossed - 20 - LRB100 05742 SMS 15765 b
(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

SB0768 Engrossed - 21 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 22 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 23 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 24 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 25 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 26 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 27 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 28 - LRB100 05742 SMS 15765 b
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,

SB0768 Engrossed - 29 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 30 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 31 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 32 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 33 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 34 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 35 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 36 - LRB100 05742 SMS 15765 b
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

SB0768 Engrossed - 37 - LRB100 05742 SMS 15765 b
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.)
(225 ILCS 20/27 rep.)
Section 15. The Clinical Social Work and Social Work

SB0768 Engrossed - 38 - LRB100 05742 SMS 15765 b
Practice Act is amended by repealing Section 27.
Section 99. Effective date. This Act takes effect upon
becoming law.
SB0768 Engrossed - 39 - LRB100 05742 SMS 15765 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.28
5 ILCS 80/4.38 new
225 ILCS 20/3 from Ch. 111, par. 6353
225 ILCS 20/4 from Ch. 111, par. 6354
225 ILCS 20/5 from Ch. 111, par. 6355
225 ILCS 20/6 from Ch. 111, par. 6356
225 ILCS 20/7 from Ch. 111, par. 6357
225 ILCS 20/7.3
225 ILCS 20/9 from Ch. 111, par. 6359
225 ILCS 20/9A from Ch. 111, par. 6359A
225 ILCS 20/10 from Ch. 111, par. 6360
225 ILCS 20/14 from Ch. 111, par. 6364
225 ILCS 20/19 from Ch. 111, par. 6369
225 ILCS 20/21 from Ch. 111, par. 6371
225 ILCS 20/22 from Ch. 111, par. 6372
225 ILCS 20/25 from Ch. 111, par. 6375
225 ILCS 20/26 from Ch. 111, par. 6376
225 ILCS 20/28 from Ch. 111, par. 6378
225 ILCS 20/30 from Ch. 111, par. 6380
225 ILCS 20/31 from Ch. 111, par. 6381
225 ILCS 20/32 from Ch. 111, par. 6382
225 ILCS 20/33 from Ch. 111, par. 6383
225 ILCS 20/34 from Ch. 111, par. 6384
SB0768 Engrossed - 40 - LRB100 05742 SMS 15765 b