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| Public Act 099-0572
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| SB2433 Enrolled | LRB099 16021 MLM 40339 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.27 and by adding Section 4.37 as follows:
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(5 ILCS 80/4.27) |
Sec. 4.27. Acts repealed on January 1, 2017. The following
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are repealed on January 1, 2017:
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The Illinois Optometric Practice Act of 1987. |
The Clinical Psychologist Licensing Act. |
The Boiler and Pressure Vessel Repairer Regulation Act. |
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, |
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. |
(Source: P.A. 99-78, eff. 7-20-15.)
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(5 ILCS 80/4.37 new) |
Sec. 4.37. Acts repealed on January 1, 2027. The following |
Act is repealed on January 1, 2027: |
The Clinical Psychologist Licensing Act.
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Section 10. The Clinical Psychologist Licensing Act is |
amended by changing Sections 2, 3, 6, 7, 10, 11, 15, 15.2, 16, |
16.1, 19, 20, 21, and 23 and by adding Section 2.5 as follows:
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(225 ILCS 15/2) (from Ch. 111, par. 5352)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 2. Definitions. As used in this Act:
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(1) "Department" means the Department of Financial and
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Professional Regulation.
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(2) "Secretary" means the Secretary
of Financial and |
Professional Regulation.
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(3) "Board" means the Clinical Psychologists Licensing
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and
Disciplinary
Board appointed by the Secretary.
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(4) (Blank). "Person" means an individual, |
association, partnership or corporation.
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(5) "Clinical psychology" means the independent
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evaluation, classification, diagnosis, and treatment of |
mental, emotional, behavioral
or nervous disorders or |
conditions, developmental disabilities, alcoholism
and |
substance abuse, disorders of habit or conduct, and the |
psychological
aspects of physical illness. The practice of |
clinical psychology includes
psychoeducational evaluation, |
therapy, remediation and consultation, the
use of |
psychological and neuropsychological testing, assessment,
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psychotherapy, psychoanalysis, hypnosis, biofeedback, and |
behavioral
modification when any of these are used for the |
purpose of preventing or
eliminating psychopathology, or |
for the amelioration of psychological
disorders of |
individuals or groups. "Clinical psychology" does not |
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include
the use of hypnosis by unlicensed persons
pursuant |
to Section 3.
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(6) A person represents himself to be a "clinical |
psychologist" or "psychologist" within
the meaning of this |
Act when he or she holds himself out to the public by
any |
title or description of services incorporating the words |
"psychological",
"psychologic", "psychologist", |
"psychology", or "clinical psychologist" or
under such |
title or description offers to render or renders clinical
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psychological services as defined in paragraph (7) of this |
Section to
individuals, corporations, or the public for |
remuneration.
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(7) "Clinical psychological services" refers to any |
services under
paragraph (5) of this Section if the words |
"psychological", "psychologic",
"psychologist", |
"psychology" or "clinical psychologist" are used to
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describe such services by the person or
organization |
offering to render or rendering them.
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(8) "Collaborating physician" means a physician |
licensed to practice medicine in all of its branches in |
Illinois who generally prescribes medications for the |
treatment of mental health disease or illness to his or her |
patients in the normal course of his or her clinical |
medical practice. |
(9) "Prescribing psychologist" means a licensed, |
doctoral level psychologist who has undergone specialized |
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training, has passed an examination as determined by rule, |
and has received a current license granting prescriptive |
authority under Section 4.2 of this Act that has not been |
revoked or suspended from the Department. |
(10) "Prescriptive authority" means the authority to |
prescribe, administer, discontinue, or distribute drugs or |
medicines. |
(11) "Prescription" means an order for a drug, |
laboratory test, or any medicines, including controlled |
substances as defined in the Illinois Controlled |
Substances Act. |
(12) "Drugs" has the meaning given to that term in the |
Pharmacy Practice Act. |
(13) "Medicines" has the meaning given to that term in |
the Pharmacy Practice Act. |
(14) "Address of record" means the designated address |
recorded by the Department in the applicant's application |
file or the licensee's license file maintained by the |
Department's licensure maintenance unit. |
This Act shall not apply to persons lawfully carrying on |
their particular
profession or business under any valid |
existing regulatory Act of the State.
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(Source: P.A. 98-668, eff. 6-25-14.)
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(225 ILCS 15/2.5 new) |
Sec. 2.5. Change of address. It is the duty of the |
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applicant or licensee to inform the Department of any change of |
address within 14 days after such change either through the |
Department's website or by contacting the Department's |
licensure maintenance unit.
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(225 ILCS 15/3) (from Ch. 111, par. 5353)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 3. Necessity of license; corporations, professional |
limited liability companies, partnerships, and
associations; |
display of license. |
(a) No individual, partnership, association or corporation
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shall, without a valid license as a clinical psychologist |
issued by the
Department, in any manner hold himself or herself |
out to the public as a
psychologist or clinical psychologist |
under the provisions of this Act or
render or offer to render |
clinical psychological services as defined in
paragraph 7 of |
Section 2 of this Act; or attach the title "clinical
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psychologist",
"psychologist"
or any other name or
designation |
which would in any way imply that he or she is able to practice
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as a
clinical
psychologist; or offer to render or render, to |
individuals, corporations
or the public, clinical |
psychological services as defined in paragraph 7 of
Section 2 |
of this Act.
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No person may engage in the practice of clinical |
psychology, as defined in
paragraph (5) of Section 2 of this |
Act, without a license granted under this
Act, except as
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otherwise provided in this Act.
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(b) No business organization association or partnership |
shall be granted a license and no professional limited |
liability company shall provide, attempt to provide, or offer |
to provide clinical psychological services unless every
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member, shareholder, director, officer, holder of any other |
ownership interest, agent partner, and employee of the |
association, partnership, or professional limited liability |
company who
renders clinical psychological services holds
a |
currently valid license issued under this Act.
No license shall |
be issued by the Department to a corporation or limited |
liability company shall be created that (i)
has a stated |
purpose that includes clinical psychology, or (ii) practices or |
holds
itself out as available
to practice clinical psychology, |
unless it is organized under the
Professional Service |
Corporation Act or the Professional Limited Liability Company |
Act.
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(c) Individuals, corporations, professional limited |
liability companies, partnerships, and associations may employ
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practicum
students, interns or postdoctoral candidates seeking |
to fulfill
educational requirements or the professional |
experience
requirements needed to qualify for a license as a
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clinical psychologist
to assist in the rendering of services, |
provided that such employees
function under the direct |
supervision, order, control and full professional
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responsibility of a licensed clinical psychologist in the |
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corporation, professional limited liability company,
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partnership, or association. Nothing in this paragraph shall |
prohibit a
corporation, professional limited liability |
company, partnership, or association from contracting with a |
licensed
health care professional to provide services.
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(c-5) 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. |
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. |
(d) Nothing in this Act shall prevent the employment, by a |
clinical
psychologist, individual,
association, partnership, |
professional limited liability company, or corporation |
furnishing clinical psychological services
for remuneration, |
of persons not licensed as clinical psychologists under
the |
provisions of this Act to perform services in various |
capacities as
needed, provided that such persons are not in any |
manner held out to the
public as rendering clinical |
psychological services as defined in paragraph
7 of Section 2 |
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of this Act. Nothing contained in this Act shall require any
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hospital, clinic, home
health agency, hospice, or other entity |
that provides health care services to
employ or to contract |
with a clinical psychologist licensed under this Act to
perform |
any of the activities under paragraph (5) of Section 2 of this |
Act.
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(e) Nothing in this Act shall
be construed to limit the |
services and use of official title on the part
of a person, not |
licensed under the
provisions of this Act, in the employ of a |
State, county or municipal
agency or other political |
subdivision insofar that such services are a part of
the
duties |
in his or her salaried position, and insofar that such services |
are
performed solely on behalf of his or her employer.
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Nothing contained in this Section shall be construed as |
permitting such
person to offer their services as psychologists |
to any other persons and to
accept remuneration for such |
psychological services other than as
specifically excepted |
herein, unless they have been licensed under the
provisions of |
this Act.
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(f) Duly recognized members of any bonafide religious |
denomination shall
not be restricted from functioning in their |
ministerial capacity provided
they do not represent themselves |
as being clinical psychologists or
providing clinical |
psychological services.
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(g) Nothing in this Act shall prohibit individuals not |
licensed under
the provisions of this Act who work in self-help |
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groups or programs or
not-for-profit organizations from |
providing services
in those groups, programs, or |
organizations, provided that such persons
are not in any manner |
held out to the public as rendering clinical
psychological |
services as defined in paragraph 7 of Section 2 of this Act.
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(h) Nothing in this Act shall be construed to prevent a |
person from
practicing hypnosis without a license issued under |
this Act provided that
the person (1) does not otherwise engage |
in the practice of clinical
psychology
including, but not |
limited to, the independent evaluation, classification, and
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treatment of mental, emotional, behavioral, or nervous |
disorders or conditions,
developmental disabilities, |
alcoholism and substance abuse, disorders of habit
or conduct, |
and the psychological aspects of physical illness, (2) does not
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otherwise engage in the practice of medicine including, but not |
limited to, the
diagnosis or treatment of physical or mental |
ailments or conditions, and (3)
does not
hold himself or |
herself out to the public by a title or description stating or
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implying
that the individual is a clinical psychologist or is |
licensed to practice
clinical psychology.
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(i) Every licensee under this Act shall prominently display |
the license at the licensee's principal office, place of |
business, or place of employment and, whenever requested by any |
representative of the Department, must exhibit the license.
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(Source: P.A. 99-227, eff. 8-3-15.)
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(225 ILCS 15/6) (from Ch. 111, par. 5356)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 6. Subject to the provisions of this Act, the |
Department shall:
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(1) Authorize examinations to ascertain the qualifications |
and fitness
of applicants for licensure as clinical |
psychologists and pass upon the
qualifications of applicants |
for reciprocal licensure.
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(2) Conduct hearings on proceedings to refuse to issue or |
renew or to
revoke licenses or suspend, place on probation, |
censure or reprimand
persons licensed under the provisions of |
this Act, and to refuse to issue
or to suspend or to revoke or |
to refuse to renew licenses or to place on
probation, censure |
or reprimand such persons licensed under the provisions
of this |
Act.
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(3) Adopt Formulate rules and regulations required for the |
administration of
this Act.
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(4) Prescribe forms to be issued for the administration and |
enforcement of this Act. |
(5) Conduct investigations related to possible violations |
of this Act. |
(Source: P.A. 85-947.)
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(225 ILCS 15/7) (from Ch. 111, par. 5357) |
(Section scheduled to be repealed on January 1, 2017) |
Sec. 7. Board. The Secretary shall appoint a Board that
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shall serve in
an advisory capacity to the Secretary. |
The Board shall consist of 11 persons: 4 of whom are
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licensed clinical
psychologists and actively engaged in the |
practice of clinical psychology; 2 of whom are licensed |
prescribing psychologists; 2 of whom are physicians licensed to |
practice medicine in all its branches in Illinois who generally |
prescribe medications for the treatment of mental health |
disease or illness in the normal course of clinical medical |
practice, one of whom shall be a psychiatrist and the other a |
primary care or family physician;
2 of whom are licensed |
clinical psychologists and are full time faculty
members of |
accredited colleges or
universities who are engaged in training |
clinical psychologists; and one of
whom is a public member who |
is not a licensed health care provider. In
appointing members |
of the Board, the Secretary shall give due
consideration to the |
adequate representation of the various fields of
health care |
psychology such as clinical psychology, school psychology and
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counseling psychology. In appointing members of the Board,
the |
Secretary
shall give due consideration to recommendations by |
members of the
profession of clinical psychology and by the |
State-wide organizations
representing the interests of |
clinical psychologists and organizations
representing the |
interests of academic programs as well as recommendations
by |
approved doctoral level psychology programs in the State of |
Illinois, and, with respect to the 2 physician members of the |
Board, the Secretary shall give due consideration to |
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recommendations by the Statewide professional associations or |
societies representing physicians licensed to practice |
medicine in all its branches in Illinois.
The members shall be |
appointed for a term of 4 years. No member shall be
eligible to |
serve for more than 2 full terms. Any appointment to fill a
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vacancy shall be for the unexpired portion of the term. A |
member appointed
to fill a vacancy for an unexpired term for a |
duration of 2 years or more may be reappointed for a maximum of |
one term and a member appointed to fill a vacancy for an |
unexpired term for a duration of less than 2 years may be |
reappointed for a maximum of 2 terms. The Secretary
may remove |
any member for cause at any time prior to
the expiration of his |
or her term. |
The 2 initial appointees to the Board who are licensed
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prescribing psychologists may hold a medical or prescription
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license issued by another state so long as the license is |
deemed by the Secretary to be substantially equivalent to a |
prescribing psychologist license under this Act and so long as |
the appointees also maintain an Illinois clinical psychologist |
license. Such initial appointees shall serve on the Board until |
the Department adopts rules necessary to implement licensure |
under Section 4.2 of this Act. |
The Board shall annually elect a one of its members as
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chairperson and vice chairperson. |
The members of the Board shall be reimbursed for all
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authorized legitimate and
necessary expenses incurred in |
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attending the meetings of the Board. |
The Secretary shall give due consideration to all |
recommendations of the
Board. In the event the Secretary |
disagrees with or takes
action
contrary to the recommendation |
of the Board, he or she
shall provide the
Board with a written |
and specific explanation of his or
her actions. |
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. |
The 2 licensed prescribing psychologist members of the |
Board and the 2 physician members of the Board shall only |
deliberate and make recommendations related to the licensure |
and discipline of prescribing psychologists. Four members |
shall constitute a
quorum, except that all deliberations and |
recommendations related to the licensure and discipline of |
prescribing psychologists shall require a quorum of 6 members. |
A quorum is required for all Board decisions. |
Members of the Board shall have no liability in any action |
based upon any
disciplinary proceeding or other activity |
performed in good faith as a member
of the Board. |
The Secretary may terminate the appointment of any member |
for cause which
in the opinion of the Secretary
reasonably |
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justifies such termination. |
(Source: P.A. 98-668, eff. 6-25-14.)
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(225 ILCS 15/10) (from Ch. 111, par. 5360)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 10. Qualifications of applicants; examination. The |
Department,
except as provided in Section 11 of this Act,
shall |
issue a license as a clinical psychologist to any person who |
pays an
application fee and who:
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(1) is at least 21 years of age; and has not engaged in |
conduct or
activities which would constitute grounds for |
discipline under this Act;
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(2) (blank);
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(3) is a graduate of a doctoral program from a college,
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university or school accredited by the regional |
accrediting body which is
recognized by
the Council on |
Postsecondary Accreditation and is in the jurisdiction
in |
which it is located for purposes of granting the doctoral |
degree and either:
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(a) is a graduate of a doctoral program in |
clinical, school or
counseling psychology either |
accredited by the American Psychological
Association |
or the Psychological Clinical Science Accreditation |
System or approved by the Council for the National |
Register of Health
Service Providers in Psychology or |
other national board recognized by the
Board, and has |
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completed 2 years of satisfactory supervised
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experience
in clinical, school or counseling |
psychology at least one of which is an
internship and |
one of which is postdoctoral; or
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(b) holds a doctoral degree from a recognized |
college, university or
school which the Department, |
through its rules, establishes as being
equivalent to a |
clinical, school or counseling psychology program and |
has
completed at least one course in each of the |
following 7 content areas, in
actual attendance at a |
recognized university, college or school whose |
graduates
would be eligible for licensure under this |
Act: scientific and
professional ethics, biological |
basis of behavior, cognitive-affective
basis of |
behavior, social basis of behavior, individual |
differences,
assessment, and treatment modalities; and |
has completed 2 years of
satisfactory supervised |
experience in clinical, school or counseling
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psychology, at least one of which is an internship and |
one of which is
postdoctoral; or
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(c) holds a doctorate in psychology or in a
program
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whose content is psychological in nature from an |
accredited college,
university or school not meeting |
the standards of paragraph (a) or (b) of
this |
subsection (3) and provides
evidence of the completion |
of at least one course in each of the 7
content areas |
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specified in paragraph (b) in actual attendance at a |
recognized university,
school or college whose |
graduate would be eligible for licensure under this
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Act; and has completed an appropriate practicum, an
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internship or
equivalent supervised clinical |
experience in an organized mental health care
setting |
and 2 years of satisfactory supervised experience in |
clinical
or counseling psychology, at least one of |
which is postdoctoral; and
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(4) has passed an examination authorized by the |
Department to
determine his or her fitness to receive a |
license.
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Applicants for licensure under subsection (3)(a) and
(3)(b) of
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this Section shall complete 2 years of satisfactory supervised
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experience, at
least one of which shall be an internship and |
one of which shall be
postdoctoral. A year of supervised |
experience is defined as not less than
1,750 hours obtained in |
not less than 50 weeks based on 35 hours per week
for full-time |
work experience. Full-time supervised experience will be
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counted only if it is obtained in a single setting for a |
minimum of 6 months.
Part-time and internship experience will |
be counted only if it
is 18 hours or more a week for a minimum |
of 9 months and is in a
single setting. The internship |
experience required under
subsection
(3)(a) and (3)(b) of this |
Section shall be a
minimum of 1,750 hours completed within 24 |
months.
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Programs leading to a doctoral degree require minimally the |
equivalent
of 3 full-time academic years of graduate study, at |
least 2 years of
which are at the institution from which the |
degree is granted, and of which
at least one year or its |
equivalent is in residence at the institution from
which the |
degree is granted. Course work for which credit is given for |
life
experience will not be accepted by the Department as |
fulfilling the
educational requirements for licensure. |
Residence requires interaction
with psychology faculty and |
other matriculated psychology students; one
year's residence |
or its equivalent is defined as follows:
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(a) 30 semester hours taken on a full-time or part-time |
basis at the
institution accumulated within 24 months, or
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(b) a minimum of 350 hours of student-faculty contact |
involving
face-to-face individual or group courses or |
seminars accumulated within 18
months. Such educational |
meetings must include both faculty-student and
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student-student interaction, be conducted by the |
psychology faculty of the
institution at least 90% of the |
time, be fully documented by the
institution, and relate |
substantially to the program and course content.
The |
institution must clearly document how the applicant's |
performance is
assessed and evaluated.
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To meet the requirement for satisfactory supervised |
experience, under
this Act the supervision must be performed |
pursuant to the order, control
and full professional |
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responsibility of a licensed clinical psychologist.
The |
clients shall be the clients of the agency or supervisor rather |
than
the supervisee. Supervised experience in which the |
supervisor receives
monetary payment or other consideration |
from the supervisee or in which the
supervisor is hired by or |
otherwise employed by the supervisee shall not be
accepted by |
the Department as fulfilling the practicum, internship or 2
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years of satisfactory supervised experience requirements for |
licensure.
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Examinations for applicants under this Act shall be held at |
the direction
of the Department from time to time but not less |
than once each year. The
scope and form of the examination |
shall be determined by the Department.
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Each applicant for a license who possesses the necessary |
qualifications
therefor shall be examined by the Department, |
and shall pay to the
Department, or its designated testing |
service, the required examination
fee, which fee shall not be |
refunded by the Department.
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Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years, the
application shall be denied, the fee |
shall be forfeited, and the applicant must
reapply and meet the |
requirements in effect at the time of reapplication.
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An applicant has one year from the date of notification of
|
successful completion of the examination to apply to the |
Department for a
license. If an applicant fails to apply within |
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one year, the applicant shall
be required to take and pass the |
examination again unless licensed in
another jurisdiction of |
the United States within one year of passing the
examination.
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(Source: P.A. 98-849, eff. 1-1-15.)
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(225 ILCS 15/11) (from Ch. 111, par. 5361)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 11. Persons licensed in other jurisdictions.
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(a) The Department may, in its discretion, grant a license |
on payment of the
required fee to any person who, at the time |
of application, is
licensed by a similar board of another state |
or jurisdiction of the United States or by any of a
foreign |
country or province whose standards, in the
opinion of the |
Department, were substantially equivalent,
at the date of his |
or her licensure in the other jurisdiction, to the
requirements
|
of this Act or to any person who, at the time of his or her |
licensure,
possessed
individual qualifications that were |
substantially equivalent to
the
requirements then in force in |
this State.
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(b) The Department may issue a license, upon payment of the |
required fee and recommendation of the Board,
to an individual |
applicant who:
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(1) has been licensed based on a doctorate degree to |
practice
psychology in one or more other states
or Canada |
for at least 20 years;
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(2) has had no disciplinary action taken against his or |
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her license in any
other jurisdiction during the entire |
period of licensure;
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(3) (blank); submits the appropriate fee and |
application;
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(4) has not violated any provision of this Act or the |
rules adopted under
this Act; and
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(5) complies with all additional rules promulgated |
under this subsection.
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The Department may promulgate rules to further define these |
licensing
criteria.
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(b-5) The endorsement process for individuals who are |
already licensed as medical or prescribing psychologists in |
another state is governed by Section 4.5 of this Act and not |
this Section. |
(c) Applicants have 3 years from the date of application to |
complete the
application process. If the process has not been |
completed in 3 years,
the application shall be denied, the fee |
shall be forfeited, and the
applicant must reapply and meet the |
requirements in effect at the time
of reapplication.
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(Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96; |
89-702, eff.
7-1-97.)
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(225 ILCS 15/15) (from Ch. 111, par. 5365)
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(Section scheduled to be repealed on January 1, 2017)
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Sec. 15. Disciplinary action; grounds. The Department may |
refuse to
issue, refuse to renew, suspend,
or revoke any |
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license, or may place on probation, censure, reprimand, or
take |
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 reasons:
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(1) Conviction of, or entry of a plea of guilty or nolo |
contendere to, any crime that is a felony under the laws of
|
the United
States or any state or territory thereof or that |
is a misdemeanor
of which an
essential element is |
dishonesty, or any crime that
is
directly
related to the |
practice of the profession.
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(2) Gross negligence in the rendering of clinical |
psychological
services.
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(3) Using fraud or making any misrepresentation in |
applying for a license
or in passing the examination |
provided for in this Act.
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(4) Aiding or abetting or conspiring to aid or abet a |
person, not a
clinical psychologist licensed under this |
Act, in representing himself or
herself as
so licensed or |
in applying for a license under this Act.
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(5) Violation of any provision of this Act or the rules |
promulgated
thereunder.
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(6) Professional connection or association with any |
person, firm,
association, partnership or corporation |
holding himself, herself,
themselves, or
itself out in any |
|
manner contrary to this Act.
|
(7) Unethical, unauthorized or unprofessional conduct |
as defined by rule.
In establishing those rules, the |
Department shall consider, though is not
bound by, the |
ethical standards for psychologists promulgated by |
recognized
national psychology associations.
|
(8) Aiding or assisting another person in violating any |
provisions of this
Act or the rules promulgated thereunder.
|
(9) Failing to provide, within 60 days, information in |
response to a
written request made by the Department.
|
(10) Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in a
clinical
psychologist's inability to |
practice with reasonable judgment, skill or
safety.
|
(11) Discipline by another state, territory, the |
District of Columbia or
foreign country, if at least one of |
the grounds for the discipline is the
same or substantially |
equivalent to those set forth herein.
|
(12) Directly or indirectly giving or receiving from |
any person, firm,
corporation, association or partnership |
any fee, commission, rebate, or
other form of compensation |
for any professional service not actually or
personally |
rendered. Nothing in this paragraph (12) affects any bona |
fide independent contractor or employment arrangements |
among health care professionals, health facilities, health |
care providers, or other entities, except as otherwise |
|
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
within the scope of the licensee's practice under this Act. |
Nothing in this paragraph (12) shall be construed to |
require an employment arrangement to receive professional |
fees for services rendered.
|
(13) A finding by the Board that the licensee, after
|
having his or her
license placed on probationary status has |
violated the terms of
probation.
|
(14) Willfully making or filing false records or |
reports, including but
not limited to, false records or |
reports filed with State agencies or
departments.
|
(15) Physical illness, including but not limited to, |
deterioration through
the aging process, mental illness or |
disability that results in
the inability to practice the |
profession
with reasonable judgment, skill and safety.
|
(16) Willfully failing to report an instance of |
suspected child abuse or
neglect as required by the Abused |
and Neglected Child Reporting Act.
|
(17) Being named as a perpetrator in an indicated |
report by the Department
of Children and Family Services |
pursuant to the Abused and Neglected Child
Reporting Act, |
and upon proof by clear and convincing evidence that the
|
licensee has caused a child to be an abused child or |
neglected child as defined
in the Abused and Neglected |
|
Child Reporting Act.
|
(18) Violation of the Health Care Worker Self-Referral |
Act.
|
(19) Making a material misstatement in furnishing |
information to the
Department, any other State or federal |
agency, or any other entity.
|
(20) Failing to report to the Department any adverse |
judgment, settlement, or award arising from a liability |
claim related to an act or conduct similar to an act or |
conduct that would constitute grounds for action as set |
forth in this Section. |
(21) Failing to report to the Department any adverse |
final action taken against a licensee or applicant by |
another licensing jurisdiction, including any other state |
or territory of the United States or any foreign state or |
country, or any peer review body, health care institution, |
professional society or association related to the |
profession, governmental agency, law enforcement agency, |
or court for an act or conduct similar to an act or conduct |
that would constitute grounds for disciplinary action as |
set forth in this Section.
|
(22) Prescribing, selling, administering, |
distributing, giving, or self-administering (A) any drug |
classified as a controlled substance (designated product) |
for other than medically accepted therapeutic purposes or |
(B) any narcotic drug. |
|
(23) Violating state or federal laws or regulations |
relating to controlled substances, legend drugs, or |
ephedra as defined in the Ephedra Prohibition Act. |
(24) Exceeding the terms of a collaborative agreement |
or the prescriptive authority delegated to a licensee by |
his or her collaborating physician or established under a |
written collaborative agreement. |
The entry of an order by any circuit court establishing |
that any person
holding a license under this Act is subject to |
involuntary admission or
judicial admission as provided for in |
the Mental Health and Developmental
Disabilities Code, |
operates as an automatic suspension of that license. That
|
person may have his or her license restored only upon the |
determination by
a circuit
court that the patient is no longer |
subject to involuntary admission or
judicial admission and the |
issuance of an order so finding and discharging the
patient and |
upon the Board's recommendation to the
Department that the
|
license be restored. Where the circumstances so indicate, the |
Board may
recommend to the Department that it require an |
examination prior to restoring
any license so automatically |
suspended.
|
The Department shall may refuse to issue or may suspend the |
license of any person
who fails to file a return, or to pay the |
tax, penalty or interest shown in
a filed return, or to pay any |
final assessment of the tax penalty or
interest, as required by |
any tax Act administered by the Illinois
Department of Revenue, |
|
until such time as the requirements of any such tax
Act are |
satisfied.
|
In enforcing this Section, the Department or Board upon a |
showing of a possible
violation may compel any person licensed |
to practice under this Act, or
who has applied for licensure or |
certification pursuant to this Act, to submit
to a mental or |
physical examination, or both, as required by and at the |
expense
of the Department. The examining physicians or clinical |
psychologists
shall be those specifically designated by the |
Department Board.
The Board or the Department may order the |
examining physician or clinical
psychologist to present |
testimony concerning this mental or physical
examination
of the |
licensee or applicant. No information 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 clinical psychologist.
The person to be |
examined may have, at his or her own expense, another
physician |
or clinical psychologist of his or her choice present during |
all
aspects of the examination. Failure of any person to submit |
to a mental or
physical examination, when directed, shall be |
grounds for suspension of a
license until the person submits to |
the examination if the Department or Board finds,
after notice |
and hearing, that the refusal to submit to the examination was
|
without reasonable cause.
|
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 or clinical |
psychologists approved
or designated by the Department Board, |
as a condition, term, or restriction for continued,
reinstated, |
or
renewed licensure to practice; or, in lieu of care, |
counseling or treatment,
the
Board may recommend to the |
Department to file or the Department may 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 Board.
|
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 Board within 15 days after the |
suspension and completed without appreciable
delay.
The 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 |
|
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. 98-668, eff. 6-25-14.)
|
(225 ILCS 15/15.2)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 15.2. Administrative Procedure Act. The Illinois |
Administrative
Procedure Act is hereby expressly adopted and |
incorporated herein as if all of
the provisions of that Act |
were included in this Act, except that the provision
of
|
subsection (d) of Section 10-65 of the Illinois Administrative |
Procedure Act
that provides that at hearings the licensee has |
the right to show compliance
with all lawful requirements for |
retention, or continuation or renewal of the
license, is |
specifically excluded. For the purposes 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. 89-702, eff. 7-1-97.)
|
(225 ILCS 15/16) (from Ch. 111, par. 5366)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 16. Investigations; notice; hearing. |
(a) The Department may investigate the actions of any |
applicant or of any person or persons holding or claiming to |
|
hold a license or registration under this Act. |
(b) The Department shall, before disciplining an applicant |
or licensee, at least 30 days before the date set for the |
hearing, (i) notify the accused in writing of the charges made |
and the time and place for the hearing on the charges, (ii) |
direct him or her to file a written answer to the charges under |
oath within 20 days after service, and (iii) inform the |
applicant or licensee that failure to answer will result in a |
default being entered against the applicant or licensee. |
(c) 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 pertinent |
statements, testimony, evidence, and arguments. The Board or |
hearing officer may continue the hearing from time to time. 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. |
(d) The written notice and any notice in the subsequent |
proceeding may be served by regular or certified mail to the |
|
applicant's or licensee's address of record. Licenses may be |
refused,
revoked, or suspended in the manner
provided by this |
Act and not otherwise. The Department may upon its own
motion |
and shall upon the verified complaint in writing of any person
|
setting forth facts that if proven would constitute grounds for
|
refusal to issue,
suspend or revoke under this Act
investigate |
the actions of any
person applying for, holding or claiming to |
hold a license. The Department
shall, before refusing to issue, |
renew, suspend or revoke any license or take
other disciplinary |
action pursuant to Section 15 of this Act, and
at least 30 days |
prior to the date set for the hearing, notify in
writing
the |
applicant for or the holder of such license of any charges |
made,
shall afford such accused person an opportunity to be |
heard in person or by
counsel in reference thereto, and
direct |
the applicant or licensee to file a written answer to the Board
|
under oath within 20 days after the service of the notice and |
inform the
applicant or licensee that failure to file an answer |
will result in default
being 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. Written |
notice may be served by
delivery of the same personally to the |
accused person, or by mailing the
same by certified mail to his |
or her last known place of residence or to
the place
of |
business last theretofore specified by the accused person in |
|
his or her
last
notification to the Department.
In case the |
person fails to file an answer after receiving notice, his or
|
her license or certificate may, in the discretion of the |
Department, be
suspended, revoked, or placed on probationary |
status, or the Department may
take whatever disciplinary action |
deemed proper, including limiting the
scope, nature, or extent |
of the person's practice or the imposition of a
fine, without a |
hearing, if the act or acts charged constitute sufficient
|
grounds for such action under this Act.
At the time and place |
fixed in the notice,
the Board shall proceed to hearing of the |
charges and both
the accused
person and the complainant shall |
be accorded ample opportunity to present,
in person or by |
counsel, any statements, testimony, evidence and arguments
as |
may be pertinent to the charges or to their defense. The
Board |
may continue such hearing from time to time. If the
Board
shall |
not be sitting at the time and place fixed in the notice or at |
the
time and place to which the hearing shall have been |
continued, the
Department shall continue such hearing for a |
period not to exceed 30 days.
|
(Source: P.A. 94-870, eff. 6-16-06.)
|
(225 ILCS 15/16.1)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 16.1. Appointment of hearing officer. Notwithstanding |
any other
provision of this Act, the Secretary 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, renew or discipline a license. 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 the Secretary. The
Board shall have 60 days after receipt |
of the
report to review the
report of the hearing officer and |
to present its findings of fact,
conclusions
of law and |
recommendations to the Secretary. If the Board
fails to
present |
its report within the 60 day period, the Secretary may
issue an
|
order based on the report of the hearing officer. If the |
Secretary
disagrees with the recommendations of the Board or |
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.
|
(Source: P.A. 94-870, eff. 6-16-06.)
|
(225 ILCS 15/19) (from Ch. 111, par. 5369)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 19. Record of proceedings; transcript. The
|
Department, at its expense,
shall preserve a record of all |
proceedings at any
formal hearing of any case. The notice of
|
hearing, complaint and all
other documents in the nature of |
pleadings and written motions filed in the
proceedings, the |
transcript of testimony, the report of the Board and
the orders |
|
of the Department shall be the record of the
proceedings. 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. 91-239, eff. 1-1-00.)
|
(225 ILCS 15/20) (from Ch. 111, par. 5370)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 20. Hearing Report; motion for rehearing. |
(a) The Board or the 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. |
(b) At the conclusion of the hearing, a copy of the Board |
or hearing officer's report shall be served upon the applicant |
or licensee by the Department, either personally or as provided |
in this Act for the service of a notice of hearing. Within 20 |
calendar days after 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. The |
Department may respond to the motion for rehearing within 20 |
calendar days after its service on the Department. If no motion |
for rehearing is filed, then upon the expiration of the time |
|
specified for filing such motion, or upon denial of a motion |
for rehearing, the Secretary may enter an order in accordance |
with the recommendation of the Board or hearing officer. If the |
applicant or licensee orders from the reporting service and |
pays for a transcript of the record within the time for filing |
a motion for rehearing, the 20-day period within which a motion |
may be filed shall commence upon the delivery of the transcript |
to the applicant or licensee. |
(c) If the Secretary disagrees in any regard with the |
report of the Board, the Secretary may issue an order contrary |
to the report. |
(d) Whenever the Secretary is not satisfied that |
substantial justice has been done, the Secretary may order a |
rehearing by the same or another hearing officer. |
(e) At any point in any investigation or disciplinary |
proceeding provided for in this Act, both parties may agree to |
a negotiated consent order. The consent order shall be final |
upon signature of the Secretary. |
(f) Any fine imposed shall be payable within 60 days after |
the effective date of the order imposing the fine. The Board
|
shall present to the Secretary its
written
report of its |
findings and recommendations. A copy of such report shall be
|
served upon the applicant or licensee, either personally
or by |
certified mail. Within 20
days after such service, the |
applicant or licensee may
present to the Department a motion in |
writing for a rehearing, that
shall specify
the particular |
|
grounds for the rehearing. 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, the Secretary may enter an order in |
accordance with recommendations of
the Board, except as |
provided in Section 16.1 of this Act. If the
applicant
or |
licensee requests 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.
|
(Source: P.A. 94-870, eff. 6-16-06.)
|
(225 ILCS 15/21) (from Ch. 111, par. 5371)
|
(Section scheduled to be repealed on January 1, 2017)
|
Sec. 21. Restoration of license. At any time after the |
suspension or
revocation of any
license, the Department may |
restore 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
|
accused person prior to restoring his or her license.
|
(Source: P.A. 89-702, eff. 7-1-97.)
|
(225 ILCS 15/23) (from Ch. 111, par. 5373)
|
(Section scheduled to be repealed on January 1, 2017)
|
|
Sec. 23. Certification of record. The Department shall not |
be
required to certify any
record to the court, file any answer |
in court or otherwise
appear in any court in a judicial review |
proceedings, 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. 89-702, eff. 7-1-97.)
|
(225 ILCS 15/15.4 rep.)
|
Section 15. The Clinical Psychologist Licensing Act is |
amended by repealing Section 15.4.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
