Section 1400.80  Unethical, Unauthorized, or Unprofessional Conduct

The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of "unethical, unauthorized, or unprofessional conduct" within the meaning of Section 15(7) of the Act which is interpreted to include, but is not limited to, the following acts or practices:

a)         Practicing or offering to practice beyond one's competency (for example, providing services or using techniques for which one is not qualified by education, training and experience);

b)         Revealing facts, data, or information relating to a client or examinee, except as allowed under Section 5 of the Act or under the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].  The release of information "with the expressed consent of the client" as provided for in Section 6 of the Act is interpreted to mean that the psychologist, prior to the release of the information, obtained written consent and made certain that the client understood the possible uses or distributions of the information.  Case history material may be used for teaching or research purposes or in textbooks or other literature, provided that proper precautions are taken to conceal the identity of the clients or examinees involved;

c)         Making gross or deliberate misrepresentations or misleading claims as to his/her professional qualifications or of the efficacy or value of his/her treatments or remedies, or those of another practitioner;

d)         Failing to inform prospective research subjects or their authorized representative fully of potential serious after effects of the research or failing to remove the after effects as soon as the design of the research permits;

e)         Refusing to divulge to the Department techniques or procedures used in his/her professional activities upon request;

f)          Directly or indirectly giving to or receiving from any person, firm or corporation any fee, commission, rebate or other form of compensation for any professional services not actually rendered;

g)         Impersonating another person holding a psychology license or allowing another person to use his/her license;

h)         The commission of any dishonest, corrupt, or fraudulent act which is substantially related to the functions or duties of a psychologist providing services or supervising psychological services;

i)          The commission of any act of sexual misconduct, sexual abuse or sexual relations with one's client, patient, student supervisee or with an ex-client within 24 months after termination of treatment;

j)          Submission of fraudulent claims for services to any health insurance company or health service plan or third party payor;

k)         Pursuant to Section 15(7) of the Act, the Department hereby incorporates by reference the "Ethical Principles of Psychologists and Code of Conduct". American Psychological Association, 750 First Street, NE, Washington D.C. 20002, American Psychologist, June 1, 2003, with no later amendments or editions.

(Source:  Amended at 28 Ill. Reg. 358, effective December 19, 2003)