Full Text of HB5553 99th General Assembly
HB5553 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5553 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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Amends the Regulatory Sunset Act. Extends the repeal of the Clinical Psychologist Licensing Act from January 1, 2017 to January 1, 2027. Amends the Clinical Psychologist Licensing Act. Requires applicants or licensees to inform the Department of Financial and Professional Regulation of any change of address within 14 days after the change. Authorizes the Department to prescribe forms to be issued for the administration and enforcement of the Act and to conduct investigations related to possible violations of the Act. Removes language requiring that the Secretary of Financial and Professional Regulation issue a report to the Clinical Psychologists Licensing and Disciplinary Board if he or she takes action contrary to the recommendation of the Board. Provides that a person licensed in another state or jurisdiction of the United States or Canada, holds a doctoral degree in clinical, school, or counseling psychology, and has no disciplinary action taken against his or her license in any jurisdiction may be licensed at the Department's discretion. Provides that a person licensed in any foreign country or province whose standards were substantially equivalent on the date of his or her licensure in the other jurisdiction may be licensed at the recommendation of the Board. Includes the Department in certain disciplinary proceedings. Makes changes to provisions concerning investigations and hearings. Removes the requirement that the Board review reports from a hearing officer within 60 days. Makes changes to provisions concerning rehearings and final orders. Makes other changes. Effective immediately.
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.27 and by adding Section 4.37 as follows: | 6 | | (5 ILCS 80/4.27) | 7 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
| 8 | | are repealed on January 1, 2017:
| 9 | | The Illinois Optometric Practice Act of 1987. | 10 | | The Clinical Psychologist Licensing Act. | 11 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 12 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, | 13 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 14 | | (Source: P.A. 99-78, eff. 7-20-15.) | 15 | | (5 ILCS 80/4.37 new) | 16 | | Sec. 4.37. Acts repealed on January 1, 2027. The following | 17 | | Act is repealed on January 1, 2027: | 18 | | The Clinical Psychologist Licensing Act. | 19 | | Section 10. The Clinical Psychologist Licensing Act is | 20 | | amended by changing Sections 2, 3, 6, 7, 10, 11, 15, 15.2, 16, | 21 | | 16.1, 19, 20, 21, and 23 and by adding Section 2.5 as follows:
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| 1 | | (225 ILCS 15/2) (from Ch. 111, par. 5352)
| 2 | | (Section scheduled to be repealed on January 1, 2017)
| 3 | | Sec. 2. Definitions. As used in this Act:
| 4 | | (1) "Department" means the Department of Financial and
| 5 | | Professional Regulation.
| 6 | | (2) "Secretary" means the Secretary
of Financial and | 7 | | Professional Regulation.
| 8 | | (3) "Board" means the Clinical Psychologists Licensing
| 9 | | and
Disciplinary
Board appointed by the Secretary.
| 10 | | (4) (Blank). "Person" means an individual, | 11 | | association, partnership or corporation.
| 12 | | (5) "Clinical psychology" means the independent
| 13 | | evaluation, classification and treatment of mental, | 14 | | emotional, behavioral
or nervous disorders or conditions, | 15 | | developmental disabilities, alcoholism
and substance | 16 | | abuse, disorders of habit or conduct, and the psychological
| 17 | | aspects of physical illness. The practice of clinical | 18 | | psychology includes
psychoeducational evaluation, therapy, | 19 | | remediation and consultation, the
use of psychological and | 20 | | neuropsychological testing, assessment,
psychotherapy, | 21 | | psychoanalysis, hypnosis, biofeedback, and behavioral
| 22 | | modification when any of these are used for the purpose of | 23 | | preventing or
eliminating psychopathology, or for the | 24 | | amelioration of psychological
disorders of individuals or | 25 | | groups. "Clinical psychology" does not include
the use of |
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| 1 | | hypnosis by unlicensed persons
pursuant to Section 3.
| 2 | | (6) A person represents himself to be a "clinical | 3 | | psychologist" or "psychologist" within
the meaning of this | 4 | | Act when he or she holds himself out to the public by
any | 5 | | title or description of services incorporating the words | 6 | | "psychological",
"psychologic", "psychologist", | 7 | | "psychology", or "clinical psychologist" or
under such | 8 | | title or description offers to render or renders clinical
| 9 | | psychological services as defined in paragraph (7) of this | 10 | | Section to
individuals , corporations, or the public for | 11 | | remuneration.
| 12 | | (7) "Clinical psychological services" refers to any | 13 | | services under
paragraph (5) of this Section if the words | 14 | | "psychological", "psychologic",
"psychologist", | 15 | | "psychology" or "clinical psychologist" are used to
| 16 | | describe such services by the person or
organization | 17 | | offering to render or rendering them.
| 18 | | (8) "Collaborating physician" means a physician | 19 | | licensed to practice medicine in all of its branches in | 20 | | Illinois who generally prescribes medications for the | 21 | | treatment of mental health disease or illness to his or her | 22 | | patients in the normal course of his or her clinical | 23 | | medical practice. | 24 | | (9) "Prescribing psychologist" means a licensed, | 25 | | doctoral level psychologist who has undergone specialized | 26 | | training, has passed an examination as determined by rule, |
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| 1 | | and has received a current license granting prescriptive | 2 | | authority under Section 4.2 of this Act that has not been | 3 | | revoked or suspended from the Department. | 4 | | (10) "Prescriptive authority" means the authority to | 5 | | prescribe, administer, discontinue, or distribute drugs or | 6 | | medicines. | 7 | | (11) "Prescription" means an order for a drug, | 8 | | laboratory test, or any medicines, including controlled | 9 | | substances as defined in the Illinois Controlled | 10 | | Substances Act. | 11 | | (12) "Drugs" has the meaning given to that term in the | 12 | | Pharmacy Practice Act. | 13 | | (13) "Medicines" has the meaning given to that term in | 14 | | the Pharmacy Practice Act. | 15 | | (14) "Address of record" means the designated address | 16 | | recorded by the Department in the applicant's application | 17 | | file or the licensee's license file maintained by the | 18 | | Department's licensure maintenance unit. | 19 | | This Act shall not apply to persons lawfully carrying on | 20 | | their particular
profession or business under any valid | 21 | | existing regulatory Act of the State.
| 22 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 23 | | (225 ILCS 15/2.5 new) | 24 | | Sec. 2.5. Change of address. It is the duty of the | 25 | | applicant or licensee to inform the Department of any change of |
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| 1 | | address within 14 days after such change either through the | 2 | | Department's website or by contacting the Department's | 3 | | licensure maintenance unit.
| 4 | | (225 ILCS 15/3) (from Ch. 111, par. 5353)
| 5 | | (Section scheduled to be repealed on January 1, 2017)
| 6 | | Sec. 3. Necessity of license; corporations, professional | 7 | | limited liability companies, partnerships, and
associations; | 8 | | display of license. | 9 | | (a) No individual , partnership, association or corporation
| 10 | | shall, without a valid license as a clinical psychologist | 11 | | issued by the
Department, in any manner hold himself or herself | 12 | | out to the public as a
psychologist or clinical psychologist | 13 | | under the provisions of this Act or
render or offer to render | 14 | | clinical psychological services as defined in
paragraph 7 of | 15 | | Section 2 of this Act; or attach the title "clinical
| 16 | | psychologist",
"psychologist"
or any other name or
designation | 17 | | which would in any way imply that he or she is able to practice
| 18 | | as a
clinical
psychologist; or offer to render or render, to | 19 | | individuals , corporations
or the public, clinical | 20 | | psychological services as defined in paragraph 7 of
Section 2 | 21 | | of this Act.
| 22 | | No person may engage in the practice of clinical | 23 | | psychology, as defined in
paragraph (5) of Section 2 of this | 24 | | Act, without a license granted under this
Act, except as
| 25 | | otherwise provided in this Act.
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| 1 | | (b) No association or partnership shall be granted a | 2 | | license and no professional limited liability company shall | 3 | | provide, attempt to provide, or offer to provide clinical | 4 | | psychological services unless every
member , partner, and | 5 | | employee of the association, partnership, or professional | 6 | | limited liability company who
renders clinical psychological | 7 | | services holds
a currently valid license issued under this Act.
| 8 | | No license shall be issued by the Department to a corporation | 9 | | shall be created that (i)
has a stated purpose that includes | 10 | | clinical psychology, or (ii) practices or holds
itself out as | 11 | | available
to practice clinical psychology, unless it is | 12 | | organized under the
Professional Service Corporation Act.
| 13 | | (c) Individuals, corporations, professional limited | 14 | | liability companies, partnerships, and associations may employ
| 15 | | practicum
students, interns or postdoctoral candidates seeking | 16 | | to fulfill
educational requirements or the professional | 17 | | experience
requirements needed to qualify for a license as a
| 18 | | clinical psychologist
to assist in the rendering of services, | 19 | | provided that such employees
function under the direct | 20 | | supervision, order, control and full professional
| 21 | | responsibility of a licensed clinical psychologist in the | 22 | | corporation, professional limited liability company,
| 23 | | partnership, or association. Nothing in this paragraph shall | 24 | | prohibit a
corporation, professional limited liability | 25 | | company, partnership, or association from contracting with a | 26 | | licensed
health care professional to provide services.
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| 1 | | (c-5) Nothing in this Act shall preclude individuals | 2 | | licensed under this Act from practicing directly or indirectly | 3 | | for a physician licensed to practice medicine in all its | 4 | | branches under the Medical Practice Act of 1987 or for any | 5 | | legal entity as provided under subsection (c) of Section 22.2 | 6 | | of the Medical Practice Act of 1987. | 7 | | Nothing in this Act shall preclude individuals licensed | 8 | | under this Act from practicing directly or indirectly for any | 9 | | hospital licensed under the Hospital Licensing Act or any | 10 | | hospital affiliate as defined in Section 10.8 of the Hospital | 11 | | Licensing Act and any hospital authorized under the University | 12 | | of Illinois Hospital Act. | 13 | | (d) Nothing in this Act shall prevent the employment, by a | 14 | | clinical
psychologist, individual,
association, partnership, | 15 | | professional limited liability company, or corporation | 16 | | furnishing clinical psychological services
for remuneration, | 17 | | of persons not licensed as clinical psychologists under
the | 18 | | provisions of this Act to perform services in various | 19 | | capacities as
needed, provided that such persons are not in any | 20 | | manner held out to the
public as rendering clinical | 21 | | psychological services as defined in paragraph
7 of Section 2 | 22 | | of this Act. Nothing contained in this Act shall require any
| 23 | | hospital, clinic, home
health agency, hospice, or other entity | 24 | | that provides health care services to
employ or to contract | 25 | | with a clinical psychologist licensed under this Act to
perform | 26 | | any of the activities under paragraph (5) of Section 2 of this |
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| 1 | | Act.
| 2 | | (e) Nothing in this Act shall
be construed to limit the | 3 | | services and use of official title on the part
of a person, not | 4 | | licensed under the
provisions of this Act, in the employ of a | 5 | | State, county or municipal
agency or other political | 6 | | subdivision insofar that such services are a part of
the
duties | 7 | | in his or her salaried position, and insofar that such services | 8 | | are
performed solely on behalf of his or her employer.
| 9 | | Nothing contained in this Section shall be construed as | 10 | | permitting such
person to offer their services as psychologists | 11 | | to any other persons and to
accept remuneration for such | 12 | | psychological services other than as
specifically excepted | 13 | | herein, unless they have been licensed under the
provisions of | 14 | | this Act.
| 15 | | (f) Duly recognized members of any bonafide religious | 16 | | denomination shall
not be restricted from functioning in their | 17 | | ministerial capacity provided
they do not represent themselves | 18 | | as being clinical psychologists or
providing clinical | 19 | | psychological services.
| 20 | | (g) Nothing in this Act shall prohibit individuals not | 21 | | licensed under
the provisions of this Act who work in self-help | 22 | | groups or programs or
not-for-profit organizations from | 23 | | providing services
in those groups, programs, or | 24 | | organizations, provided that such persons
are not in any manner | 25 | | held out to the public as rendering clinical
psychological | 26 | | services as defined in paragraph 7 of Section 2 of this Act.
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| 1 | | (h) Nothing in this Act shall be construed to prevent a | 2 | | person from
practicing hypnosis without a license issued under | 3 | | this Act provided that
the person (1) does not otherwise engage | 4 | | in the practice of clinical
psychology
including, but not | 5 | | limited to, the independent evaluation, classification, and
| 6 | | treatment of mental, emotional, behavioral, or nervous | 7 | | disorders or conditions,
developmental disabilities, | 8 | | alcoholism and substance abuse, disorders of habit
or conduct, | 9 | | and the psychological aspects of physical illness, (2) does not
| 10 | | otherwise engage in the practice of medicine including, but not | 11 | | limited to, the
diagnosis or treatment of physical or mental | 12 | | ailments or conditions, and (3)
does not
hold himself or | 13 | | herself out to the public by a title or description stating or
| 14 | | implying
that the individual is a clinical psychologist or is | 15 | | licensed to practice
clinical psychology.
| 16 | | (i) Every licensee under this Act shall prominently display | 17 | | the license at the licensee's principal office, place of | 18 | | business, or place of employment and, whenever requested by any | 19 | | representative of the Department, must exhibit the license.
| 20 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 21 | | (225 ILCS 15/6) (from Ch. 111, par. 5356)
| 22 | | (Section scheduled to be repealed on January 1, 2017)
| 23 | | Sec. 6. Subject to the provisions of this Act, the | 24 | | Department shall:
| 25 | | (1) Authorize examinations to ascertain the qualifications |
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| 1 | | and fitness
of applicants for licensure as clinical | 2 | | psychologists and pass upon the
qualifications of applicants | 3 | | for reciprocal licensure.
| 4 | | (2) Conduct hearings on proceedings to refuse to issue or | 5 | | renew or to
revoke licenses or suspend, place on probation, | 6 | | censure or reprimand
persons licensed under the provisions of | 7 | | this Act, and to refuse to issue
or to suspend or to revoke or | 8 | | to refuse to renew licenses or to place on
probation , censure | 9 | | or reprimand such persons licensed under the provisions
of this | 10 | | Act.
| 11 | | (3) Adopt Formulate rules and regulations required for the | 12 | | administration of
this Act.
| 13 | | (4) Prescribe forms to be issued for the administration and | 14 | | enforcement of this Act. | 15 | | (5) Conduct investigations related to possible violations | 16 | | of this Act. | 17 | | (Source: P.A. 85-947 .)
| 18 | | (225 ILCS 15/7) (from Ch. 111, par. 5357) | 19 | | (Section scheduled to be repealed on January 1, 2017) | 20 | | Sec. 7. Board. The Secretary shall appoint a Board that
| 21 | | shall serve in
an advisory capacity to the Secretary. | 22 | | The Board shall consist of 11 persons: 4 of whom are
| 23 | | licensed clinical
psychologists and actively engaged in the | 24 | | practice of clinical psychology; 2 of whom are licensed | 25 | | prescribing psychologists; 2 of whom are physicians licensed to |
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| 1 | | practice medicine in all its branches in Illinois who generally | 2 | | prescribe medications for the treatment of mental health | 3 | | disease or illness in the normal course of clinical medical | 4 | | practice, one of whom shall be a psychiatrist and the other a | 5 | | primary care or family physician;
2 of whom are licensed | 6 | | clinical psychologists and are full time faculty
members of | 7 | | accredited colleges or
universities who are engaged in training | 8 | | clinical psychologists; and one of
whom is a public member who | 9 | | is not a licensed health care provider. In
appointing members | 10 | | of the Board, the Secretary shall give due
consideration to the | 11 | | adequate representation of the various fields of
health care | 12 | | psychology such as clinical psychology, school psychology and
| 13 | | counseling psychology. In appointing members of the Board,
the | 14 | | Secretary
shall give due consideration to recommendations by | 15 | | members of the
profession of clinical psychology and by the | 16 | | State-wide organizations
representing the interests of | 17 | | clinical psychologists and organizations
representing the | 18 | | interests of academic programs as well as recommendations
by | 19 | | approved doctoral level psychology programs in the State of | 20 | | Illinois, and, with respect to the 2 physician members of the | 21 | | Board, the Secretary shall give due consideration to | 22 | | recommendations by the Statewide professional associations or | 23 | | societies representing physicians licensed to practice | 24 | | medicine in all its branches in Illinois.
The members shall be | 25 | | appointed for a term of 4 years. No member shall be
eligible to | 26 | | serve for more than 2 full terms. Any appointment to fill a
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| 1 | | vacancy shall be for the unexpired portion of the term. A | 2 | | member appointed
to fill a vacancy for an unexpired term for a | 3 | | duration of 2 years or more may be reappointed for a maximum of | 4 | | one term and a member appointed to fill a vacancy for an | 5 | | unexpired term for a duration of less than 2 years may be | 6 | | reappointed for a maximum of 2 terms. The Secretary
may remove | 7 | | any member for cause at any time prior to
the expiration of his | 8 | | or her term. | 9 | | The 2 initial appointees to the Board who are licensed
| 10 | | prescribing psychologists may hold a medical or prescription
| 11 | | license issued by another state so long as the license is | 12 | | deemed by the Secretary to be substantially equivalent to a | 13 | | prescribing psychologist license under this Act and so long as | 14 | | the appointees also maintain an Illinois clinical psychologist | 15 | | license. Such initial appointees shall serve on the Board until | 16 | | the Department adopts rules necessary to implement licensure | 17 | | under Section 4.2 of this Act. | 18 | | The Board shall annually elect a one of its members as
| 19 | | chairperson and vice chairperson. | 20 | | The members of the Board shall be reimbursed for all
| 21 | | authorized legitimate and
necessary expenses incurred in | 22 | | attending the meetings of the Board. | 23 | | The Secretary shall give due consideration to all | 24 | | recommendations of the
Board. In the event the Secretary | 25 | | disagrees with or takes
action
contrary to the recommendation | 26 | | of the Board, he or she
shall provide the
Board with a written |
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| 1 | | and specific explanation of his or
her actions. | 2 | | The Board may make recommendations on all matters relating | 3 | | to continuing education including the number of hours necessary | 4 | | for license renewal, waivers for those unable to meet such | 5 | | requirements and acceptable course content. Such | 6 | | recommendations shall not impose an undue burden on the | 7 | | Department or an unreasonable restriction on those seeking | 8 | | license renewal. | 9 | | The 2 licensed prescribing psychologist members of the | 10 | | Board and the 2 physician members of the Board shall only | 11 | | deliberate and make recommendations related to the licensure | 12 | | and discipline of prescribing psychologists. Four members | 13 | | shall constitute a
quorum, except that all deliberations and | 14 | | recommendations related to the licensure and discipline of | 15 | | prescribing psychologists shall require a quorum of 6 members. | 16 | | A quorum is required for all Board decisions. | 17 | | Members of the Board shall have no liability in any action | 18 | | based upon any
disciplinary proceeding or other activity | 19 | | performed in good faith as a member
of the Board. | 20 | | The Secretary may terminate the appointment of any member | 21 | | for cause which
in the opinion of the Secretary
reasonably | 22 | | justifies such termination. | 23 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 24 | | (225 ILCS 15/10) (from Ch. 111, par. 5360)
| 25 | | (Section scheduled to be repealed on January 1, 2017)
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| 1 | | Sec. 10. Qualifications of applicants; examination. The | 2 | | Department,
except as provided in Section 11 of this Act,
shall | 3 | | issue a license as a clinical psychologist to any person who | 4 | | pays an
application fee and who:
| 5 | | (1) is at least 21 years of age; and has not engaged in | 6 | | conduct or
activities which would constitute grounds for | 7 | | discipline under this Act;
| 8 | | (2) (blank);
| 9 | | (3) is a graduate of a doctoral program from a college,
| 10 | | university or school accredited by the regional | 11 | | accrediting body which is
recognized by
the Council on | 12 | | Postsecondary Accreditation and is in the jurisdiction
in | 13 | | which it is located for purposes of granting the doctoral | 14 | | degree and either:
| 15 | | (a) is a graduate of a doctoral program in | 16 | | clinical, school or
counseling psychology either | 17 | | accredited by the American Psychological
Association | 18 | | or the Psychological Clinical Science Accreditation | 19 | | System or approved by the Council for the National | 20 | | Register of Health
Service Providers in Psychology or | 21 | | other national board recognized by the
Board, and has | 22 | | completed 2 years of satisfactory supervised
| 23 | | experience
in clinical, school or counseling | 24 | | psychology at least one of which is an
internship and | 25 | | one of which is postdoctoral; or
| 26 | | (b) holds a doctoral degree from a recognized |
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| 1 | | college, university or
school which the Department, | 2 | | through its rules, establishes as being
equivalent to a | 3 | | clinical, school or counseling psychology program and | 4 | | has
completed at least one course in each of the | 5 | | following 7 content areas, in
actual attendance at a | 6 | | recognized university, college or school whose | 7 | | graduates
would be eligible for licensure under this | 8 | | Act: scientific and
professional ethics, biological | 9 | | basis of behavior, cognitive-affective
basis of | 10 | | behavior, social basis of behavior, individual | 11 | | differences,
assessment, and treatment modalities; and | 12 | | has completed 2 years of
satisfactory supervised | 13 | | experience in clinical, school or counseling
| 14 | | psychology, at least one of which is an internship and | 15 | | one of which is
postdoctoral; or
| 16 | | (c) holds a doctorate in psychology or in a
program
| 17 | | whose content is psychological in nature from an | 18 | | accredited college,
university or school not meeting | 19 | | the standards of paragraph (a) or (b) of
this | 20 | | subsection (3) and provides
evidence of the completion | 21 | | of at least one course in each of the 7
content areas | 22 | | specified in paragraph (b) in actual attendance at a | 23 | | recognized university,
school or college whose | 24 | | graduate would be eligible for licensure under this
| 25 | | Act; and has completed an appropriate practicum, an
| 26 | | internship or
equivalent supervised clinical |
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| 1 | | experience in an organized mental health care
setting | 2 | | and 2 years of satisfactory supervised experience in | 3 | | clinical
or counseling psychology, at least one of | 4 | | which is postdoctoral; and
| 5 | | (4) has passed an examination authorized by the | 6 | | Department to
determine his or her fitness to receive a | 7 | | license.
| 8 | | Applicants for licensure under subsection (3)(a) and
(3)(b) of
| 9 | | this Section shall complete 2 years of satisfactory supervised
| 10 | | experience, at
least one of which shall be an internship and | 11 | | one of which shall be
postdoctoral. A year of supervised | 12 | | experience is defined as not less than
1,750 hours obtained in | 13 | | not less than 50 weeks based on 35 hours per week
for full-time | 14 | | work experience. Full-time supervised experience will be
| 15 | | counted only if it is obtained in a single setting for a | 16 | | minimum of 6 months.
Part-time and internship experience will | 17 | | be counted only if it
is 18 hours or more a week for a minimum | 18 | | of 9 months and is in a
single setting. The internship | 19 | | experience required under
subsection
(3)(a) and (3)(b) of this | 20 | | Section shall be a
minimum of 1,750 hours completed within 24 | 21 | | months.
| 22 | | Programs leading to a doctoral degree require minimally the | 23 | | equivalent
of 3 full-time academic years of graduate study, at | 24 | | least 2 years of
which are at the institution from which the | 25 | | degree is granted, and of which
at least one year or its | 26 | | equivalent is in residence at the institution from
which the |
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| 1 | | degree is granted. Course work for which credit is given for | 2 | | life
experience will not be accepted by the Department as | 3 | | fulfilling the
educational requirements for licensure. | 4 | | Residence requires interaction
with psychology faculty and | 5 | | other matriculated psychology students; one
year's residence | 6 | | or its equivalent is defined as follows:
| 7 | | (a) 30 semester hours taken on a full-time or part-time | 8 | | basis at the
institution accumulated within 24 months, or
| 9 | | (b) a minimum of 350 hours of student-faculty contact | 10 | | involving
face-to-face individual or group courses or | 11 | | seminars accumulated within 18
months. Such educational | 12 | | meetings must include both faculty-student and
| 13 | | student-student interaction, be conducted by the | 14 | | psychology faculty of the
institution at least 90% of the | 15 | | time, be fully documented by the
institution, and relate | 16 | | substantially to the program and course content.
The | 17 | | institution must clearly document how the applicant's | 18 | | performance is
assessed and evaluated.
| 19 | | To meet the requirement for satisfactory supervised | 20 | | experience, under
this Act the supervision must be performed | 21 | | pursuant to the order, control
and full professional | 22 | | responsibility of a licensed clinical psychologist.
The | 23 | | clients shall be the clients of the agency or supervisor rather | 24 | | than
the supervisee. Supervised experience in which the | 25 | | supervisor receives
monetary payment or other consideration | 26 | | from the supervisee or in which the
supervisor is hired by or |
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| 1 | | otherwise employed by the supervisee shall not be
accepted by | 2 | | the Department as fulfilling the practicum, internship or 2
| 3 | | years of satisfactory supervised experience requirements for | 4 | | licensure.
| 5 | | Examinations for applicants under this Act shall be held at | 6 | | the direction
of the Department from time to time but not less | 7 | | than once each year. The
scope and form of the examination | 8 | | shall be determined by the Department.
| 9 | | Each applicant for a license who possesses the necessary | 10 | | qualifications
therefor shall be examined by the Department, | 11 | | and shall pay to the
Department, or its designated testing | 12 | | service, the required examination
fee, which fee shall not be | 13 | | refunded by the Department.
| 14 | | Applicants have 3 years from the date of application to | 15 | | complete the
application process. If the process has not been | 16 | | completed in 3 years, the
application shall be denied, the fee | 17 | | shall be forfeited, and the applicant must
reapply and meet the | 18 | | requirements in effect at the time of reapplication.
| 19 | | An applicant has one year from the date of notification of
| 20 | | successful completion of the examination to apply to the | 21 | | Department for a
license. If an applicant fails to apply within | 22 | | one year, the applicant shall
be required to take and pass the | 23 | | examination again unless licensed in
another jurisdiction of | 24 | | the United States within one year of passing the
examination.
| 25 | | (Source: P.A. 98-849, eff. 1-1-15 .)
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| 1 | | (225 ILCS 15/11) (from Ch. 111, par. 5361)
| 2 | | (Section scheduled to be repealed on January 1, 2017)
| 3 | | Sec. 11. Persons licensed in other jurisdictions.
| 4 | | (a) The Department may, in its discretion, grant a license | 5 | | on payment of the
required fee to any person who, at the time | 6 | | of application, is
licensed by a similar board of another state | 7 | | or jurisdiction of the United States or Canada, holds a | 8 | | doctoral degree in clinical, school, or counseling psychology, | 9 | | and has no disciplinary action taken against his or her license | 10 | | in any jurisdiction of a
foreign country or province whose | 11 | | standards, in the
opinion of the Department, were substantially | 12 | | equivalent,
at the date of his or her licensure in the other | 13 | | jurisdiction, to the
requirements
of this Act or to any person | 14 | | who, at the time of his or her licensure,
possessed
individual | 15 | | qualifications that were substantially equivalent to
the
| 16 | | requirements then in force in this State .
| 17 | | (b) The Department may issue a license, upon payment of the | 18 | | required fee and recommendation of the Board,
to an individual | 19 | | applicant who is licensed in any foreign country or province | 20 | | whose standards, in the opinion of the Board or Department, | 21 | | were substantially equivalent, at the date of his or her | 22 | | licensure in the other jurisdiction, to the requirements of | 23 | | this Act or to any person who, at the time of his or her | 24 | | licensure, possessed individual qualifications that were | 25 | | substantially equivalent to the requirements then in force in | 26 | | this State. :
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| 1 | | (1) has been licensed based on a doctorate degree to | 2 | | practice
psychology in one or more other states
or Canada | 3 | | for at least 20 years;
| 4 | | (2) has had no disciplinary action taken against his or | 5 | | her license in any
other jurisdiction during the entire | 6 | | period of licensure;
| 7 | | (3) submits the appropriate fee and application;
| 8 | | (4) has not violated any provision of this Act or the | 9 | | rules adopted under
this Act; and
| 10 | | (5) complies with all additional rules promulgated | 11 | | under this subsection.
| 12 | | The Department may promulgate rules to further define these | 13 | | licensing
criteria.
| 14 | | (c) Applicants have 3 years from the date of application to | 15 | | complete the
application process. If the process has not been | 16 | | completed in 3 years,
the application shall be denied, the fee | 17 | | shall be forfeited, and the
applicant must reapply and meet the | 18 | | requirements in effect at the time
of reapplication.
| 19 | | (Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96; | 20 | | 89-702, eff.
7-1-97 .)
| 21 | | (225 ILCS 15/15) (from Ch. 111, par. 5365)
| 22 | | (Section scheduled to be repealed on January 1, 2017)
| 23 | | Sec. 15. Disciplinary action; grounds. The Department may | 24 | | refuse to
issue, refuse to renew, suspend,
or revoke any | 25 | | license, or may place on probation, censure, reprimand, or
take |
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| 1 | | other disciplinary or non-disciplinary action deemed | 2 | | appropriate by the Department,
including the imposition of | 3 | | fines not to exceed $10,000 for each violation,
with regard to | 4 | | any license issued under the provisions of this Act for any
one | 5 | | or a combination of the following reasons:
| 6 | | (1) Conviction of, or entry of a plea of guilty or nolo | 7 | | contendere to, any crime that is a felony under the laws of
| 8 | | the United
States or any state or territory thereof or that | 9 | | is a misdemeanor
of which an
essential element is | 10 | | dishonesty, or any crime that
is
directly
related to the | 11 | | practice of the profession.
| 12 | | (2) Gross negligence in the rendering of clinical | 13 | | psychological
services.
| 14 | | (3) Using fraud or making any misrepresentation in | 15 | | applying for a license
or in passing the examination | 16 | | provided for in this Act.
| 17 | | (4) Aiding or abetting or conspiring to aid or abet a | 18 | | person, not a
clinical psychologist licensed under this | 19 | | Act, in representing himself or
herself as
so licensed or | 20 | | in applying for a license under this Act.
| 21 | | (5) Violation of any provision of this Act or the rules | 22 | | promulgated
thereunder.
| 23 | | (6) Professional connection or association with any | 24 | | person, firm,
association, partnership or corporation | 25 | | holding himself, herself,
themselves, or
itself out in any | 26 | | manner contrary to this Act.
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| 1 | | (7) Unethical, unauthorized or unprofessional conduct | 2 | | as defined by rule.
In establishing those rules, the | 3 | | Department shall consider, though is not
bound by, the | 4 | | ethical standards for psychologists promulgated by | 5 | | recognized
national psychology associations.
| 6 | | (8) Aiding or assisting another person in violating any | 7 | | provisions of this
Act or the rules promulgated thereunder.
| 8 | | (9) Failing to provide, within 60 days, information in | 9 | | response to a
written request made by the Department.
| 10 | | (10) Habitual or excessive use or addiction to alcohol, | 11 | | narcotics,
stimulants, or any other chemical agent or drug | 12 | | that results in a
clinical
psychologist's inability to | 13 | | practice with reasonable judgment, skill or
safety.
| 14 | | (11) Discipline by another state, territory, the | 15 | | District of Columbia or
foreign country, if at least one of | 16 | | the grounds for the discipline is the
same or substantially | 17 | | equivalent to those set forth herein.
| 18 | | (12) Directly or indirectly giving or receiving from | 19 | | any person, firm,
corporation, association or partnership | 20 | | any fee, commission, rebate, or
other form of compensation | 21 | | for any professional service not actually or
personally | 22 | | rendered. Nothing in this paragraph (12) affects any bona | 23 | | fide independent contractor or employment arrangements | 24 | | among health care professionals, health facilities, health | 25 | | care providers, or other entities, except as otherwise | 26 | | prohibited by law. Any employment arrangements may include |
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| 1 | | provisions for compensation, health insurance, pension, or | 2 | | other employment benefits for the provision of services | 3 | | within the scope of the licensee's practice under this Act. | 4 | | Nothing in this paragraph (12) shall be construed to | 5 | | require an employment arrangement to receive professional | 6 | | fees for services rendered.
| 7 | | (13) A finding by the Board that the licensee, after
| 8 | | having his or her
license placed on probationary status has | 9 | | violated the terms of
probation.
| 10 | | (14) Willfully making or filing false records or | 11 | | reports, including but
not limited to, false records or | 12 | | reports filed with State agencies or
departments.
| 13 | | (15) Physical illness, including but not limited to, | 14 | | deterioration through
the aging process, mental illness or | 15 | | disability that results in
the inability to practice the | 16 | | profession
with reasonable judgment, skill and safety.
| 17 | | (16) Willfully failing to report an instance of | 18 | | suspected child abuse or
neglect as required by the Abused | 19 | | and Neglected Child Reporting Act.
| 20 | | (17) Being named as a perpetrator in an indicated | 21 | | report by the Department
of Children and Family Services | 22 | | pursuant to the Abused and Neglected Child
Reporting Act, | 23 | | and upon proof by clear and convincing evidence that the
| 24 | | licensee has caused a child to be an abused child or | 25 | | neglected child as defined
in the Abused and Neglected | 26 | | Child Reporting Act.
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| 1 | | (18) Violation of the Health Care Worker Self-Referral | 2 | | Act.
| 3 | | (19) Making a material misstatement in furnishing | 4 | | information to the
Department, any other State or federal | 5 | | agency, or any other entity.
| 6 | | (20) Failing to report to the Department any adverse | 7 | | judgment, settlement, or award arising from a liability | 8 | | claim related to an act or conduct similar to an act or | 9 | | conduct that would constitute grounds for action as set | 10 | | forth in this Section. | 11 | | (21) Failing to report to the Department any adverse | 12 | | final action taken against a licensee or applicant by | 13 | | another licensing jurisdiction, including any other state | 14 | | or territory of the United States or any foreign state or | 15 | | country, or any peer review body, health care institution, | 16 | | professional society or association related to the | 17 | | profession, governmental agency, law enforcement agency, | 18 | | or court for an act or conduct similar to an act or conduct | 19 | | that would constitute grounds for disciplinary action as | 20 | | set forth in this Section.
| 21 | | (22) Prescribing, selling, administering, | 22 | | distributing, giving, or self-administering (A) any drug | 23 | | classified as a controlled substance (designated product) | 24 | | for other than medically accepted therapeutic purposes or | 25 | | (B) any narcotic drug. | 26 | | (23) Violating state or federal laws or regulations |
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| 1 | | relating to controlled substances, legend drugs, or | 2 | | ephedra as defined in the Ephedra Prohibition Act. | 3 | | (24) Exceeding the terms of a collaborative agreement | 4 | | or the prescriptive authority delegated to a licensee by | 5 | | his or her collaborating physician or established under a | 6 | | written collaborative agreement. | 7 | | The entry of an order by any circuit court establishing | 8 | | that any person
holding a license under this Act is subject to | 9 | | involuntary admission or
judicial admission as provided for in | 10 | | the Mental Health and Developmental
Disabilities Code, | 11 | | operates as an automatic suspension of that license. That
| 12 | | person may have his or her license restored only upon the | 13 | | determination by
a circuit
court that the patient is no longer | 14 | | subject to involuntary admission or
judicial admission and the | 15 | | issuance of an order so finding and discharging the
patient and | 16 | | upon the Board's recommendation to the
Department that the
| 17 | | license be restored. Where the circumstances so indicate, the | 18 | | Board may
recommend to the Department that it require an | 19 | | examination prior to restoring
any license so automatically | 20 | | suspended.
| 21 | | The Department shall may refuse to issue or may suspend the | 22 | | license of any person
who fails to file a return, or to pay the | 23 | | tax, penalty or interest shown in
a filed return, or to pay any | 24 | | final assessment of the tax penalty or
interest, as required by | 25 | | any tax Act administered by the Illinois
Department of Revenue, | 26 | | until such time as the requirements of any such tax
Act are |
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| 1 | | satisfied.
| 2 | | In enforcing this Section, the Department or Board upon a | 3 | | showing of a possible
violation may compel any person licensed | 4 | | to practice under this Act, or
who has applied for licensure or | 5 | | certification pursuant to this Act, to submit
to a mental or | 6 | | physical examination, or both, as required by and at the | 7 | | expense
of the Department. The examining physicians or clinical | 8 | | psychologists
shall be those specifically designated by the | 9 | | Department Board .
The Board or the Department may order the | 10 | | examining physician or clinical
psychologist to present | 11 | | testimony concerning this mental or physical
examination
of the | 12 | | licensee or applicant. No information shall be excluded by | 13 | | reason of
any common law or statutory privilege relating to | 14 | | communications between the
licensee or applicant and the | 15 | | examining physician or clinical psychologist.
The person to be | 16 | | examined may have, at his or her own expense, another
physician | 17 | | or clinical psychologist of his or her choice present during | 18 | | all
aspects of the examination. Failure of any person to submit | 19 | | to a mental or
physical examination, when directed, shall be | 20 | | grounds for suspension of a
license until the person submits to | 21 | | the examination if the Department or Board finds,
after notice | 22 | | and hearing, that the refusal to submit to the examination was
| 23 | | without reasonable cause.
| 24 | | If the Department or Board finds a person unable to | 25 | | practice because of the reasons
set forth in this Section, the | 26 | | Department or Board may require that person to submit to
care, |
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| 1 | | counseling or treatment by physicians or clinical | 2 | | psychologists approved
or designated by the Department Board , | 3 | | as a condition, term, or restriction for continued,
reinstated, | 4 | | or
renewed licensure to practice; or, in lieu of care, | 5 | | counseling or treatment,
the
Board may recommend to the | 6 | | Department to file or the Department may file a complaint to | 7 | | immediately
suspend, revoke or otherwise discipline the | 8 | | license of the person.
Any person whose
license was granted, | 9 | | continued, reinstated, renewed, disciplined or supervised
| 10 | | subject to such terms, conditions or restrictions, and who | 11 | | fails to comply with
such terms, conditions or restrictions, | 12 | | shall be referred to the Secretary for a
determination as to | 13 | | whether the person shall have his or her license
suspended | 14 | | immediately, pending a hearing by the Board.
| 15 | | In instances in which the Secretary immediately suspends a | 16 | | person's license
under this Section, a hearing on that person's | 17 | | license must be convened by
the Board within 15 days after the | 18 | | suspension and completed without appreciable
delay.
The Board | 19 | | shall have the authority to review the subject person's record | 20 | | of
treatment and counseling regarding the impairment, to the | 21 | | extent permitted by
applicable federal statutes and | 22 | | regulations safeguarding the confidentiality of
medical | 23 | | records.
| 24 | | A person licensed under this Act and affected under this | 25 | | Section shall
be
afforded an opportunity to demonstrate to the | 26 | | Board that he or she can resume
practice in compliance with |
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| 1 | | acceptable and prevailing standards under the
provisions of his | 2 | | or her license.
| 3 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 4 | | (225 ILCS 15/15.2)
| 5 | | (Section scheduled to be repealed on January 1, 2017)
| 6 | | Sec. 15.2. Administrative Procedure Act. The Illinois | 7 | | Administrative
Procedure Act is hereby expressly adopted and | 8 | | incorporated herein as if all of
the provisions of that Act | 9 | | were included in this Act, except that the provision
of
| 10 | | subsection (d) of Section 10-65 of the Illinois Administrative | 11 | | Procedure Act
that provides that at hearings the licensee has | 12 | | the right to show compliance
with all lawful requirements for | 13 | | retention, or continuation or renewal of the
license, is | 14 | | specifically excluded. For the purposes of this Act, the notice
| 15 | | required under Section 10-25 of the Illinois Administrative | 16 | | Procedure Act is
deemed sufficient when mailed to the last | 17 | | known address of a party.
| 18 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 19 | | (225 ILCS 15/16) (from Ch. 111, par. 5366)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 16. Investigations; notice; hearing. | 22 | | (a) The Department may investigate the actions of any | 23 | | applicant or of any person or persons holding or claiming to | 24 | | hold a license or registration under this Act. |
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| 1 | | (b) The Department shall, before disciplining an applicant | 2 | | or licensee, at least 30 days before the date set for the | 3 | | hearing, (i) notify the accused in writing of the charges made | 4 | | and the time and place for the hearing on the charges, (ii) | 5 | | direct him or her to file a written answer to the charges under | 6 | | oath within 20 days after service, and (iii) inform the | 7 | | applicant or licensee that failure to answer will result in a | 8 | | default being entered against the applicant or licensee. | 9 | | (c) At the time and place fixed in the notice, the Board or | 10 | | hearing officer appointed by the Secretary shall proceed to | 11 | | hear the charges, and the parties or their counsel shall be | 12 | | accorded ample opportunity to present any pertinent | 13 | | statements, testimony, evidence, and arguments. The Board or | 14 | | hearing officer may continue the hearing from time to time. In | 15 | | case the person, after receiving the notice, fails to file an | 16 | | answer, his or her license may, in the discretion of the | 17 | | Secretary, having first received the recommendation of the | 18 | | Board, be suspended, revoked, or placed on probationary status, | 19 | | or be subject to whatever disciplinary action the Secretary | 20 | | considers proper, including limiting the scope, nature, or | 21 | | extent of the person's practice or the imposition of a fine, | 22 | | without hearing, if the act or acts charged constitute | 23 | | sufficient grounds for that action under this Act. | 24 | | (d) The written notice and any notice in the subsequent | 25 | | proceeding may be served by regular or certified mail to the | 26 | | applicant's or licensee's address of record. Licenses may be |
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| 1 | | refused,
revoked, or suspended in the manner
provided by this | 2 | | Act and not otherwise. The Department may upon its own
motion | 3 | | and shall upon the verified complaint in writing of any person
| 4 | | setting forth facts that if proven would constitute grounds for
| 5 | | refusal to issue,
suspend or revoke under this Act
investigate | 6 | | the actions of any
person applying for, holding or claiming to | 7 | | hold a license. The Department
shall, before refusing to issue, | 8 | | renew, suspend or revoke any license or take
other disciplinary | 9 | | action pursuant to Section 15 of this Act, and
at least 30 days | 10 | | prior to the date set for the hearing, notify in
writing
the | 11 | | applicant for or the holder of such license of any charges | 12 | | made,
shall afford such accused person an opportunity to be | 13 | | heard in person or by
counsel in reference thereto, and
direct | 14 | | the applicant or licensee to file a written answer to the Board
| 15 | | under oath within 20 days after the service of the notice and | 16 | | inform the
applicant or licensee that failure to file an answer | 17 | | will result in default
being taken against the applicant or | 18 | | licensee and that the license or
certificate may be
suspended, | 19 | | revoked, placed on probationary status, or other disciplinary
| 20 | | action may be taken, including limiting the scope, nature or | 21 | | extent of
practice, as the Secretary may deem proper. Written | 22 | | notice may be served by
delivery of the same personally to the | 23 | | accused person, or by mailing the
same by certified mail to his | 24 | | or her last known place of residence or to
the place
of | 25 | | business last theretofore specified by the accused person in | 26 | | his or her
last
notification to the Department.
In case the |
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| 1 | | person fails to file an answer after receiving notice, his or
| 2 | | her license or certificate may, in the discretion of the | 3 | | Department, be
suspended, revoked, or placed on probationary | 4 | | status, or the Department may
take whatever disciplinary action | 5 | | deemed proper, including limiting the
scope, nature, or extent | 6 | | of the person's practice or the imposition of a
fine, without a | 7 | | hearing, if the act or acts charged constitute sufficient
| 8 | | grounds for such action under this Act.
At the time and place | 9 | | fixed in the notice,
the Board shall proceed to hearing of the | 10 | | charges and both
the accused
person and the complainant shall | 11 | | be accorded ample opportunity to present,
in person or by | 12 | | counsel, any statements, testimony, evidence and arguments
as | 13 | | may be pertinent to the charges or to their defense. The
Board | 14 | | may continue such hearing from time to time. If the
Board
shall | 15 | | not be sitting at the time and place fixed in the notice or at | 16 | | the
time and place to which the hearing shall have been | 17 | | continued, the
Department shall continue such hearing for a | 18 | | period not to exceed 30 days.
| 19 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 20 | | (225 ILCS 15/16.1)
| 21 | | (Section scheduled to be repealed on January 1, 2017)
| 22 | | Sec. 16.1. Appointment of hearing officer. Notwithstanding | 23 | | any other
provision of this Act, the Secretary shall have
the | 24 | | authority to appoint any attorney duly licensed to practice law | 25 | | in the
State of Illinois to serve as the hearing officer in any |
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| 1 | | action for refusal
to issue, renew or discipline a license. The | 2 | | hearing officer shall have
full authority to conduct the | 3 | | hearing. The hearing officer shall report
his or her findings | 4 | | of fact, conclusions of law, and recommendations to
the Board | 5 | | and the Secretary. The
Board shall have 60 days after receipt | 6 | | of the
report to review the
report of the hearing officer and | 7 | | to present its findings of fact,
conclusions
of law and | 8 | | recommendations to the Secretary. If the Board
fails to
present | 9 | | its report within the 60 day period, the Secretary may
issue an
| 10 | | order based on the report of the hearing officer. If the | 11 | | Secretary
disagrees with the recommendations of the Board or | 12 | | hearing officer, the
Secretary may issue an order in | 13 | | contravention of the Board's report. The
Secretary
shall | 14 | | promptly provide a written explanation to the Board
on any such | 15 | | disagreement.
| 16 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 17 | | (225 ILCS 15/19) (from Ch. 111, par. 5369)
| 18 | | (Section scheduled to be repealed on January 1, 2017)
| 19 | | Sec. 19. Record of proceedings; transcript. The
| 20 | | Department, at its expense,
shall preserve a record of all | 21 | | proceedings at any
formal hearing of any case. The notice of
| 22 | | hearing, complaint and all
other documents in the nature of | 23 | | pleadings and written motions filed in the
proceedings, the | 24 | | copy transcript of testimony, the report of the Board and
the | 25 | | orders of the Department shall be the record of the
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| 1 | | proceedings. The
Department shall furnish a transcript of the | 2 | | record to
any
person upon payment of the fee required under
| 3 | | Section 2105-115 of the Department of Professional Regulation | 4 | | Law
(20 ILCS 2105/2105-115).
| 5 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 6 | | (225 ILCS 15/20) (from Ch. 111, par. 5370)
| 7 | | (Section scheduled to be repealed on January 1, 2017)
| 8 | | Sec. 20. Hearing Report ; motion for rehearing. | 9 | | (a) The Board or the hearing officer appointed by the | 10 | | Secretary shall hear evidence in support of the formal charges | 11 | | and evidence produced by the licensee. At the conclusion of the | 12 | | hearing, the Board shall present to the Secretary a written | 13 | | report of its findings of fact, conclusions of law, and | 14 | | recommendations. | 15 | | (b) At the conclusion of the hearing, a copy of the Board | 16 | | or hearing officer's report shall be served upon the applicant | 17 | | or licensee by the Department, either personally or as provided | 18 | | in this Act for the service of a notice of hearing. Within 20 | 19 | | calendar days after service, the applicant or licensee may | 20 | | present to the Department a motion in writing for a rehearing, | 21 | | which shall specify the particular grounds for rehearing. The | 22 | | Department may respond to the motion for rehearing within 20 | 23 | | calendar days after its service on the Department. If no motion | 24 | | for rehearing is filed, then upon the expiration of the time | 25 | | specified for filing such or motion, or upon denial of a motion |
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| 1 | | for rehearing, the Secretary may enter an order in accordance | 2 | | with the recommendation of the Board or hearing officer. If the | 3 | | applicant or licensee orders from the reporting service and | 4 | | pays for a transcript of the record within the time for filing | 5 | | a motion for rehearing, the 20-day period within which a motion | 6 | | may be filed shall commence upon the delivery of the transcript | 7 | | to the applicant or licensee. | 8 | | (c) If the Secretary disagrees in any regard with the | 9 | | report of the Board, the Secretary may issue an order contrary | 10 | | to the report. | 11 | | (d) Whenever the Secretary is not satisfied that | 12 | | substantial justice has been done, the Secretary may order a | 13 | | rehearing by the same or another hearing officer. | 14 | | (e) At any point in any investigation or disciplinary | 15 | | proceeding provided for in this Act, both parties may agree to | 16 | | a negotiated consent order. The consent order shall be final | 17 | | upon signature of the Secretary. | 18 | | (f) Any fine imposed shall be payable within 60 days after | 19 | | the effective date of the order imposing the fine. The Board
| 20 | | shall present to the Secretary its
written
report of its | 21 | | findings and recommendations. A copy of such report shall be
| 22 | | served upon the applicant or licensee, either personally
or by | 23 | | certified mail. Within 20
days after such service, the | 24 | | applicant or licensee may
present to the Department a motion in | 25 | | writing for a rehearing, that
shall specify
the particular | 26 | | grounds for the rehearing. If no motion for
a rehearing is |
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| 1 | | filed, then upon the expiration of the time specified for
| 2 | | filing such a motion, or if a motion for rehearing is denied, | 3 | | then upon such
denial, the Secretary may enter an order in | 4 | | accordance with recommendations of
the Board, except as | 5 | | provided in Section 16.1 of this Act. If the
applicant
or | 6 | | licensee requests and pays
for a transcript of the record | 7 | | within the
time for filing a motion for rehearing, the 20 day | 8 | | period within which a
motion may be filed shall commence upon | 9 | | the delivery of the transcript.
| 10 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 11 | | (225 ILCS 15/21) (from Ch. 111, par. 5371)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 21. Restoration of license. At any time after the | 14 | | suspension or
revocation of any
license, the Department may | 15 | | restore it to the licensee
upon the
written recommendation of | 16 | | the Board unless after an investigation and hearing
the Board | 17 | | or Department determines that restoration is not in the public | 18 | | interest. Where
circumstances of suspension
or revocation so | 19 | | indicate, the Department may require an examination of the
| 20 | | accused person prior to restoring his or her license.
| 21 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 22 | | (225 ILCS 15/23) (from Ch. 111, par. 5373)
| 23 | | (Section scheduled to be repealed on January 1, 2017)
| 24 | | Sec. 23. Certification of record. The Department shall not |
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| 1 | | be
required to certify any
record to the court, file any answer | 2 | | in court or otherwise
appear in any court in a judicial review | 3 | | proceedings, unless and until the Department has received from | 4 | | the plaintiff
there is filed in the court with the complaint a | 5 | | receipt from
the Department acknowledging payment of the costs | 6 | | of furnishing
and certifying the record , which costs shall be | 7 | | determined by the Department . Failure on the part of the | 8 | | plaintiff
to file a receipt in court shall be grounds for | 9 | | dismissal
of the action.
| 10 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 11 | | (225 ILCS 15/15.4 rep.)
| 12 | | Section 15. The Clinical Psychologist Licensing Act is | 13 | | amended by repealing Section 15.4.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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| 1 | |
INDEX
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Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.27 | | | 4 | | 5 ILCS 80/4.37 new | | | 5 | | 225 ILCS 15/2 | from Ch. 111, par. 5352 | | 6 | | 225 ILCS 15/2.5 new | | | 7 | | 225 ILCS 15/3 | from Ch. 111, par. 5353 | | 8 | | 225 ILCS 15/6 | from Ch. 111, par. 5356 | | 9 | | 225 ILCS 15/7 | from Ch. 111, par. 5357 | | 10 | | 225 ILCS 15/10 | from Ch. 111, par. 5360 | | 11 | | 225 ILCS 15/11 | from Ch. 111, par. 5361 | | 12 | | 225 ILCS 15/15 | from Ch. 111, par. 5365 | | 13 | | 225 ILCS 15/15.2 | | | 14 | | 225 ILCS 15/16 | from Ch. 111, par. 5366 | | 15 | | 225 ILCS 15/16.1 | | | 16 | | 225 ILCS 15/19 | from Ch. 111, par. 5369 | | 17 | | 225 ILCS 15/20 | from Ch. 111, par. 5370 | | 18 | | 225 ILCS 15/21 | from Ch. 111, par. 5371 | | 19 | | 225 ILCS 15/23 | from Ch. 111, par. 5373 | | 20 | | 225 ILCS 15/15.4 rep. | |
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