(225 ILCS 15/15)
(from Ch. 111, par. 5365)
(Section scheduled to be repealed on January 1, 2027)
Disciplinary action; grounds.
The Department may refuse to
issue, refuse to renew, suspend,
or revoke any license, or may place on probation, 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:
(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.
(2) Gross negligence in the rendering of clinical
(3) Using fraud or making any misrepresentation in
applying for a license or in passing the examination provided for in this Act.
(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.
(5) Violation of any provision of this Act or the
rules promulgated thereunder.
(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 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
(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
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 refuse to issue or 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.
The Board or the Department may order the examining physician or clinical
psychologist to present testimony concerning this mental or physical
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, as a condition, term, or restriction for continued,
renewed licensure to practice; or, in lieu of care, counseling or treatment,
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
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
A person licensed under this Act and affected under this Section shall
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; 99-572, eff. 7-15-16.)