|
(b) The following Acts are repealed on December 31, 2008: |
The Medical Practice Act of 1987. |
The Environmental Health Practitioner Licensing Act.
|
(Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; |
94-1085, eff. 1-19-07; revised 1-22-07.)
|
(5 ILCS 80/4.28 new) |
Sec. 4.28. Act repealed on January 1, 2018. The following |
Act is repealed on January 1, 2018: |
The Clinical Social Work and Social Work Practice Act.
|
Section 10. The Clinical Social Work and Social Work |
Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5, |
11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and |
by adding Section 7.3 as follows:
|
(225 ILCS 20/3) (from Ch. 111, par. 6353)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 3. Definitions: The following words and phrases shall |
have the
meanings ascribed to them in this Section unless the |
context clearly
indicates otherwise:
|
1. "Department" means the Department of Financial and
|
Professional Regulation.
|
2. "Secretary
Director" means the Secretary
Director of |
Financial and
the Department of Professional
Regulation.
|
3. "Board" means the Social Work Examining and Disciplinary |
|
Board.
|
4. "Licensed Clinical Social Worker" means a person who |
holds a license
authorizing the independent practice of |
clinical social work in Illinois
under the auspices of an |
employer or in private practice or under the auspices of public |
human service agencies or private, nonprofit agencies |
providing publicly sponsored human services.
|
5. "Clinical social work practice" means the providing of |
mental health
services for the evaluation, treatment, and |
prevention of mental and
emotional disorders in individuals, |
families and groups based on knowledge
and theory of |
professionally accepted theoretical structures, including, but |
not limited to, psychosocial development, behavior, |
psychopathology,
unconscious motivation, interpersonal |
relationships, and environmental stress.
|
6. "Treatment procedures" means among other things, |
individual,
marital, family and group psychotherapy.
|
7. "Independent practice of clinical social work" means the |
application
of clinical social work knowledge and skills by a |
licensed clinical social
worker who regulates and is |
responsible for her or his own practice or
treatment |
procedures.
|
8. "License" means that which is required to practice |
clinical social
work or social work under this Act, the |
qualifications for which include specific
education, |
acceptable experience and examination requirements.
|
|
9. "Licensed social worker" means a person who holds a |
license authorizing
the practice of social work, which includes |
social services to individuals,
groups or communities in any |
one
or more of the fields of social casework, social group |
work, community
organization for social welfare, social work |
research, social welfare
administration or social work |
education. Social casework and social group
work may also |
include clinical social work, as long as it is not conducted
in |
an independent practice, as defined in this Section. |
10. "Address of record" means the address recorded by the |
Department in the applicant's or licensee's application file or |
license file, as maintained by the Department's licensure |
maintenance unit.
|
(Source: P.A. 85-1440.)
|
(225 ILCS 20/5) (from Ch. 111, par. 6355)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 5. Powers and duties of the Department.
|
1. The Department shall exercise the powers and duties as |
set
forth in this Act.
|
2. The Secretary
Director shall promulgate rules |
consistent with the provisions of
this Act for the |
administration and enforcement thereof, and shall
prescribe |
forms which shall be issued in connection therewith.
|
3. In addition, the Department shall:
|
(a) Establish rules for determining approved undergraduate
|
|
and graduate social work degree
programs and prepare and |
maintain a list of colleges and universities
offering such |
approved programs whose graduates, if they otherwise meet the
|
requirements of this Act, are eligible to apply for a license.
|
(b) Promulgate rules, as may be necessary, for the |
administration of
this Act and to carry out the purposes |
thereof and to adopt the methods of
examination of candidates |
and to provide for the issuance of licenses
authorizing the |
independent practice of clinical social work or the
practice of |
social work.
|
(c) Authorize examinations to ascertain the qualifications |
and fitness
of candidates for a license to engage in the |
independent practice of
clinical social work and in the |
practice of social work, and to
determine the qualifications of |
applicants from
other jurisdictions to practice in Illinois.
|
(d) Maintain rosters of the names and addresses of all |
licensees, and
all persons whose licenses have been suspended, |
revoked or denied renewal
for cause within the previous |
calendar year. These rosters shall be
available upon written |
request and payment of the required fee.
|
(Source: P.A. 85-1131.)
|
(225 ILCS 20/6) (from Ch. 111, par. 6356)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 6. Social Work Examining and Disciplinary Board.
|
(1) The Secretary
Director shall appoint a Social Work |
|
Examining and
Disciplinary Board consisting of 9 persons who |
shall serve in an
advisory capacity to the Secretary
Director. |
The Board shall be composed of 6
5
licensed clinical social |
workers, one of whom shall be employed in a public human |
service agency, one of whom shall be a certified school
social |
worker, one of whom shall be employed in the private |
not-for-profit
sector and one of whom shall serve as the |
chairperson, two licensed social
workers, and one member
2 |
members of the public who is
are not regulated under this Act
|
or a similar Act and who clearly represents
represent consumer |
interests.
|
(2) Members shall serve for a term of 4 years and until |
their
successors are appointed and qualified. No member shall |
be
reappointed if such reappointment would cause that person's |
service on the
Board to be longer than 8 successive years. |
Appointments to fill vacancies
for the unexpired portion of a |
vacated term shall be made in the same
manner as original |
appointments.
|
(3) The membership of the Board should represent racial and |
cultural diversity and reasonably reflect
representation from |
different geographic areas of Illinois.
|
(4) The Secretary
Director may terminate the appointment of |
any member for
cause.
|
(5) The Secretary
Director shall consider the |
recommendation of the Board
on all matters and questions |
relating to this Act.
|
|
(6) The Board is charged with the duties and |
responsibilities of
recommending to the Secretary
Director the |
adoption of all policies, procedures and
rules which may be |
required or deemed advisable in order to perform the
duties and |
functions conferred on the Board, the Secretary
Director and |
the
Department to carry out the provisions of this Act.
|
(7) The Board may
shall make recommendations on all matters |
relating to
continuing education including the number of hours |
necessary for license
renewal, waivers for those unable to meet |
such requirements and acceptable
course content. Such |
recommendations shall not impose an undue burden on
the |
Department or an unreasonable restriction on those seeking |
license renewal.
|
(8) The Board shall annually elect one of its members as |
chairperson and
one as vice chairperson.
|
(9) Members of the Board shall be reimbursed for all |
authorized legitimate
and necessary expenses incurred in |
attending the meetings of the Board.
|
(10) A majority of the Board members currently appointed |
shall constitute a
quorum. A vacancy in the membership of the |
Board shall not impair the right of
a quorum to perform all of |
the duties of the Board.
|
(11) Members of the Board shall have no liability in an |
action based upon
a disciplinary proceeding or other activity |
performed in good faith as a
member of the Board.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
|
(225 ILCS 20/7.3 new)
|
Sec. 7.3. Change of address. An applicant or licensee must |
inform the Department of any change of address, and such |
changes must be made either through the Department's website or |
by contacting the Department's licensure maintenance unit.
|
(225 ILCS 20/9) (from Ch. 111, par. 6359)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 9. Qualification for clinical social worker license
|
License. A person shall be qualified to be
licensed as a |
clinical social worker and the Department shall issue a
license |
authorizing the independent practice of clinical social work to
|
an applicant who:
|
(1) has applied in writing on the prescribed form;
|
(2) is of good moral character. In determining good moral
|
character, the Department may take into consideration whether |
the applicant was
engaged in conduct or actions that would |
constitute grounds for discipline
under this
Act;
|
(3) (A) demonstrates to the satisfaction of the Department
|
that
subsequent to securing a master's degree in social |
work from an approved
program the applicant has |
successfully completed at least 3,000 hours of
|
satisfactory, supervised clinical professional experience; |
or
|
(B) demonstrates to the satisfaction of the Department |
|
that
such
applicant has received a doctor's degree in |
social work from an approved
program and has completed at |
least 2,000 hours of satisfactory, supervised
clinical |
professional experience subsequent to the degree;
|
(4) has passed the examination for the practice of clinical
|
social work
as authorized by the Department; and
|
(5) has paid the required fees.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/10.5)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 10.5. Unlicensed practice; violation; civil penalty.
|
(a) Any person who practices, offers to practice, attempts |
to practice, or
holds himself or herself out to practice as a |
clinical social worker or
social worker
without being
licensed |
or exempt under this Act shall, in addition to any other |
penalty
provided by law, pay a civil penalty to the Department |
in an amount not to
exceed $10,000
$5,000 for each offense, as |
determined by the Department. The civil
penalty shall be |
assessed by the Department after a hearing is held in
|
accordance with the provisions set forth in this Act regarding |
the provision of
a hearing for the discipline of a licensee.
|
(b) The Department may investigate any actual, alleged, or |
suspected
unlicensed activity.
|
(c) The civil penalty shall be paid within 60 days after |
the effective date
of the order imposing the civil penalty. The |
|
order shall constitute a judgment
and may be filed and |
execution had thereon in the same manner as any judgment
from |
any court of record.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/11) (from Ch. 111, par. 6361)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 11. Licenses; renewal; restoration; person in |
military service; inactive status.
|
(a) The expiration date and renewal period for each license
|
A license shall be issued for a 2 year period; however the
|
expiration date for licenses issued under this Act shall be set |
by rule.
The licensee may renew a license during the 60-day
|
30-day period preceding its
the
expiration date by paying the |
required fee and by demonstrating compliance
with any |
continuing education requirements. The Department shall adopt |
rules establishing minimum requirements of continuing |
education and means for verification of the completion of the |
continuing education requirements. The Department may, by |
rule, specify circumstances under which the continuing |
education requirements may be waived.
Proof of having met the |
minimum
requirements of continuing education, as determined by |
rule, shall be
required for all license renewals. Pursuant to |
rule, the continuing
education requirements may, upon petition |
to the Board, be waived in whole
or in part for licensed social |
workers or licensed clinical social workers
who can demonstrate |
|
their service in the Coast Guard or Armed Forces during
the |
period in question, an extreme hardship, or that the license |
was
obtained by examination or endorsement within the preceding |
renewal period.
The Department shall establish, by rule, a |
means for the verification of
completion of the continuing |
education required by this Section. This
verification may be |
accomplished by audits of records maintained by
licensees, by |
requiring the filing of continuing education records with
the |
Department or an organization selected by the Department to |
maintain these
records, or by other means established by the |
Department.
|
(b) Any person who has permitted a license to expire or who |
has a
license on inactive status may have it restored by |
submitting
making an application to
the Department and filing |
proof of fitness, as defined by rule, to have the license |
restored,
including, if appropriate, evidence, which is |
satisfactory to the
Department, certifying the active practice |
of clinical social work or
social work in another jurisdiction |
and by paying the required fee.
|
(b-5) If the person has not maintained an active practice |
in another
jurisdiction which is satisfactory to the |
Department, the Department
shall determine, by an evaluation |
program recommended by the Board and
established by rule, the |
person's fitness to resume active status and the
Department may |
require the person to pass an examination. The Department,
with |
the recommendation of the Board, may also require the person to
|
|
complete a specific period of evaluated clinical social work or |
social
work experience and may require successful completion of |
an examination.
|
(b-7) Notwithstanding any other provision of this Act
|
However, any person whose license expired while on active duty |
with
the armed forces of the United States, while called into |
service or
training with the State Militia or in training or |
education under the
supervision of the United States government |
prior to induction into the
military service may have his or |
her license restored without paying any
renewal
fees if, within |
2 years after the honorable termination of that service,
|
training or education, except under conditions other than |
honorable, the
Department is furnished with satisfactory |
evidence that the person has been
so engaged and that the |
service, training or education has
been so terminated.
|
(c) A license to practice shall not be denied any applicant |
because of the applicant's race, religion, creed, national |
origin, political beliefs or activities, age, sex, sexual |
orientation, or physical impairment.
Any person who notifies |
the Department, in writing
on forms prescribed by the |
Department, may place his license on inactive
status and shall |
be excused from the payment of renewal fees until the
person |
notifies the Department in writing of his intention to resume |
active
practice.
|
Any person requesting that his license be changed from |
inactive to
active status shall be required to pay the current |
|
renewal fee and shall
also demonstrate compliance with the |
continuing education requirements.
|
(d) (Blank).
Any licensed clinical social worker or |
licensed social
worker whose license is on inactive status |
shall not engage in the
independent practice of clinical social |
work or in the practice of social
work in the State of |
Illinois. If an individual engages in the independent
practice |
of clinical social work or in the practice of social work while |
on
inactive status, that individual is considered to be |
practicing without a
license and is subject to the disciplinary |
provisions of this Act.
|
(e) (Blank).
|
(f) (Blank).
|
(g) The Department shall indicate on each license the |
academic degree of
the licensee.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/12.5)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 12.5. Endorsement. The Department may issue a license |
as a
clinical social worker or as a social worker, without the |
required
examination, to an applicant licensed under the laws |
of another jurisdiction if
the requirements for licensure in |
that jurisdiction are, on the date of
licensure, substantially |
equivalent 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. An applicant under |
this Section shall pay the required fees.
|
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.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/14) (from Ch. 111, par. 6364)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 14. Checks or order to Department dishonored because |
of insufficient
funds.
Any person who delivers a check or other |
payment to the Department that
is returned to the Department |
unpaid by the financial institution upon
which it is drawn |
shall pay to the Department, in addition to the amount
already |
owed to the Department, a fine of $50. The fines imposed by |
this Section are in addition
to any other discipline provided |
under this Act for unlicensed
practice or practice on a |
nonrenewed license. The Department shall notify
the person that |
payment of fees and fines shall be paid to the Department
by |
certified check or money order within 30 calendar days of the
|
notification. If, after the expiration of 30 days from the date |
of the
notification, the person has failed to submit the |
necessary remittance, the
Department shall automatically |
|
terminate the license or certificate or deny
the application, |
without hearing. If, after termination or denial, the
person |
seeks a license or certificate, he or she shall apply to the
|
Department for restoration or issuance of the license or |
certificate and
pay all fees and fines due to the Department. |
The Department may establish
a fee for the processing of an |
application for restoration of a license or
certificate to pay |
all expenses of processing this application. The Secretary
|
Director
may waive the fines due under this Section in |
individual cases where the Secretary
Director finds that the |
fines would be unreasonable or unnecessarily
burdensome.
|
(Source: P.A. 92-146, eff. 1-1-02.)
|
(225 ILCS 20/19) (from Ch. 111, par. 6369)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 19. Grounds for disciplinary action.
|
(1) The Department may refuse to issue, refuse to renew, |
suspend, or
revoke any 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
$1,000
|
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:
|
(a) material misstatements of fact in furnishing |
information to the
Department or to any other State agency |
|
or in furnishing information to any
insurance company with |
respect to a claim on behalf of a licensee or a patient;
|
(b) violations or negligent or intentional disregard |
of this Act, or any
of the rules promulgated hereunder;
|
(c) conviction of or entry of a plea of guilty or nolo |
contendere to any crime that is a felony under the laws of |
the United States or any
state or territory thereof or that |
is a felony or misdemeanor, of
which an essential
element |
is dishonesty, or of any crime that
which is directly |
related
to the practice of the clinical social work or |
social work professions;
|
(d) making any misrepresentation for the purpose of |
obtaining licenses,
or violating any provision of this Act |
or any of the rules promulgated
hereunder;
|
(e) professional incompetence;
|
(f) malpractice;
|
(g) aiding or assisting another person in violating any |
provision or this
Act or any rules;
|
(h) failing to provide information within 30
60 days in |
response to a
written request made by the Department;
|
(i) engaging in dishonorable, unethical or |
unprofessional conduct of a
character likely to deceive, |
defraud or harm the public as defined by the
rules of the |
Department, or violating the rules of professional conduct
|
adopted by the Board and published by the Department;
|
(j) habitual
or excessive use or addiction to alcohol, |
|
narcotics, stimulants, or any other
chemical agent or drug |
that results in a clinical social worker's or social
|
worker's inability to practice
with reasonable judgment, |
skill, or safety;
|
(k) discipline by another jurisdiction, if at least one |
of the grounds
for the discipline is the same or |
substantially equivalent to those set
forth in this |
Section;
|
(1) directly or indirectly giving to or receiving from |
any person, firm,
corporation, partnership or association |
any fee, commission, rebate or
other form of compensation |
for any professional service not actually rendered;
|
(m) a finding by the Board that the licensee, after |
having the license
placed on probationary status, has |
violated the terms of probation;
|
(n) abandonment, without cause, of a client;
|
(o) wilfully filing false reports relating to a |
licensee's practice,
including but not limited to false |
records filed with Federal or State
agencies or |
departments;
|
(p) wilfully failing to report an instance of suspected |
child abuse or
neglect as required by the Abused and |
Neglected Child Reporting Act;
|
(q) being named as a perpetrator in an indicated report |
by the
Department of Children and Family Services under the |
Abused and
Neglected Child Reporting Act, and upon proof by |
|
clear and convincing evidence
that the licensee has caused |
a child to be or failed to take reasonable steps to prevent |
a child from being an abused child or neglected child
as |
defined in the Abused and Neglected Child Reporting Act;
|
(r) physical illness,
or mental illness, or any other |
impairment or disability, including, but not limited to,
|
deterioration through the
aging process, or loss of motor
|
abilities and skills that
which results in the inability
to |
practice the profession with reasonable judgment, skill or |
safety;
|
(s) solicitation of professional services by using |
false or
misleading advertising; or
|
(t) violation of the Health Care Worker Self-Referral |
Act.
|
(2) (Blank).
|
(3) The determination by a court that a licensee is subject |
to
involuntary
admission or judicial admission as provided in |
the Mental Health and
Developmental Disabilities Code, will |
result in an automatic suspension of his
license. Such |
suspension will end upon a finding by a court that the licensee
|
is no longer subject to involuntary admission or judicial |
admission and issues
an order so finding and discharging the |
patient, and upon the recommendation of
the Board to the |
Secretary
Director that the licensee be allowed to resume |
professional
practice.
|
(4) The Department may refuse to issue or renew or may |
|
suspend the license of a
person who (i) fails to file a return, |
pay the tax, penalty, or interest shown in a
filed return, or |
pay any final assessment of tax, penalty, or interest, as
|
required by any tax Act administered by the Department of |
Revenue,
until the requirements of the tax Act are satisfied or |
(ii) has failed to pay any court-ordered child support as |
determined by a court order or by
referral from the Department |
of Healthcare and Family Services.
|
(5) In enforcing this Section, the Board upon a showing of |
a possible
violation may compel a 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
shall be |
those specifically designated by the Board.
The Board or the |
Department may order the examining physician
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.
The person to be examined may have, at his |
or her own expense, another
physician of his or her choice |
present during all
aspects of the examination. 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 Board finds,
after |
|
notice and hearing, that the refusal to submit to the |
examination was
without reasonable cause.
|
If the Board finds a person unable to practice because of |
the reasons
set forth in this Section, the Board may require |
that person to submit to
care, counseling, or treatment by |
physicians
approved
or designated by the 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 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
Director 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
Director immediately |
suspends a person's license
under this Section, a hearing on |
that person's license must be convened by
the Board within 30
|
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. 90-150, eff. 12-30-97.)
|
(225 ILCS 20/20) (from Ch. 111, par. 6370)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 20. Violations - Injunction - Cease and desist order. |
1. If any person violates the provisions of this Act, the |
Secretary
Director may,
in the name of the People of the State |
of Illinois, through the Attorney
General, petition for an |
order enjoining such violation or for an order
enforcing |
compliance with this Act. Upon the filing of a verified |
petition,
the court with appropriate jurisdiction may issue a |
temporary restraining
order without notice or bond, and may |
preliminarily and permanently enjoin
such violation. If it is |
established that such person has violated or is
violating the |
injunction, the court may punish the offender for contempt of
|
court. Proceedings under this Section shall be in addition to |
all other
remedies and penalties provided by this Act.
|
2. If any person shall hold herself or himself out as a |
licensed
clinical social worker or licensed social worker and |
is not licensed under
this Act, then any licensed clinical |
social worker, licensed social worker,
interested party or any |
|
person injured thereby may petition for relief as
provided in |
subsection (1) of this Section.
|
3. Whenever, in the opinion of the Department, a person |
violates any
provision of this Act, the Department may issue a |
rule to show cause why an
order to cease and desist should not |
be entered against such person. The
rule shall clearly set |
forth the grounds relied upon by the Department and
shall allow |
at least 7 days from the date of the rule to file an answer
|
satisfactory to the Department. Failure to answer to the |
satisfaction of
the Department shall cause an order to cease |
and desist to be issued.
|
(Source: P.A. 85-1131.)
|
(225 ILCS 20/21) (from Ch. 111, par. 6371)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 21. Investigations; notice and hearing. The |
Department may
investigate the actions of any applicant or of |
any person holding or
claiming to hold a license. The |
Department shall, before refusing to issue
or renew a license, |
at least 30 days prior to the date set for the
hearing,
notify, |
in writing, the applicant for, or holder of, a license of the |
nature
of the charges and that a hearing will be held on the |
date designated.
The Department shall 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
Director may deem proper. Written |
notice may be served by personal delivery or certified or
|
registered mail to the applicant or licensee at the applicant's |
last address of record
the 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 hear the charges and the parties or their
|
counsel shall be accorded ample opportunity to present any |
statements,
testimony, evidence and argument as may be |
pertinent to the charges or to
their defense. The Board may |
continue a hearing from time to time.
|
(Source: P.A. 87-1031.)
|
(225 ILCS 20/23) (from Ch. 111, par. 6373)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 23. Subpoenas - Depositions - Oaths. The Department |
shall have
the power to subpoena and to bring before it any |
person and to take
testimony either orally or by deposition, or |
both, with the same fees and
mileage and in the same manner as |
prescribed in civil cases in the courts
of this State.
|
The Secretary
Director, the designated hearing officer and |
every member of the
Board shall have power to administer oaths |
to witnesses at any hearing
which the Department is authorized |
to conduct, and any other oaths
authorized in any Act |
administered by the Department.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/24) (from Ch. 111, par. 6374)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 24. Compelling Testimony. Any court, upon application |
of the
Department, designated hearing officer or the applicant |
or licensee against
whom proceedings under Section 19
17 of |
this Act are pending, may enter an
order requiring the |
attendance of witnesses and their testimony, and the
production |
of documents, papers, files, books and records in connection
|
with any hearing or investigation. The court may compel |
obedience to its
order by proceedings for contempt.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/25) (from Ch. 111, par. 6375)
|
(Section scheduled to be repealed on January 1, 2008)
|
|
Sec. 25. Findings and recommendations. At the conclusion of |
the
hearing the Board shall present to the Secretary
Director a |
written report of its
findings of fact, conclusions of law and |
recommendations. The report shall
contain a finding whether or |
not the licensee violated this act or
failed to comply with the |
conditions required in this Act. The Board shall
specify the |
nature of the violation or failure to comply, and shall make
|
its recommendations to the Secretary
Director.
|
The report of findings of fact, conclusions of law and |
recommendation of
the Board shall be the basis for the |
Department's order or refusal or for
the granting of the |
license. If the Secretary
Director disagrees with the
|
recommendations of the Board, the Secretary
Director may issue |
an order in
contravention thereof. The Secretary
Director shall |
provide a written report to the
Board on any disagreement and |
shall specify the reasons for said action in
the final order. |
The finding is not admissible in evidence against the
person in |
a criminal prosecution brought for the violation of this Act, |
but
the hearing and findings are not a bar to a criminal |
prosecution brought for
the violation of this Act.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/26) (from Ch. 111, par. 6376)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 26. Board - Rehearing. In any case involving the |
refusal to
issue or to renew a license or to discipline a |
|
licensee, a copy of the
Board's report shall be served upon the |
applicant or licensee by the
Department, either personally or |
by registered or certified mail or as
provided in this Act for |
the service of the notice of hearing. Within 20
days after such |
service, the applicant or licensee may present to the
|
Department a motion in writing for a rehearing which shall |
specify the
particular grounds therefor. 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
|
Director may
enter an order in accordance with recommendations |
of the Board, except as
provided in Section 25 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 such a motion may be filed
shall |
commence upon the delivery of the transcript to the applicant |
or licensee.
|
(Source: P.A. 86-615.)
|
(225 ILCS 20/27) (from Ch. 111, par. 6377)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 27. Rehearing
Director; rehearing. Whenever the |
Secretary
Director believes
justice has not been done in the |
revocation, suspension, or discipline of
a
license
or refusal |
to issue
or renew a license, he or she may order a rehearing.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
|
(225 ILCS 20/28) (from Ch. 111, par. 6378)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 28. Appointment of a hearing officer. The Secretary
|
Director shall have the
authority to appoint any attorney |
licensed to practice law in the State of
Illinois to serve as |
the hearing officer in any action for refusal to issue
or renew |
a license or permit or to discipline a licensee. The Secretary
|
Director shall
promptly notify the Board of any such |
appointment. The hearing officer
shall have full authority to |
conduct the hearing. At least one member of
the Board shall |
attend each hearing. The hearing officer shall report his
|
findings of fact, conclusions of law and recommendations to the |
Board and
to the Secretary
Director. Upon receipt of the |
report, the
The Board shall have at least 60 days after
receipt |
of the
report to review it and to present its findings of fact, |
conclusions of law
and recommendation to the Secretary
|
Director. If the Board does not present its
report within the |
60 days period, the respondent may request in writing a direct |
appeal to the Secretary, in which case the Secretary shall, |
within 7 calendar days after the request, issue an order |
directing the Board to issue its findings of fact, conclusions |
of law, and recommendations to the Secretary within 30 calendar |
days after such order. If the Board fails to issue its findings |
of fact, conclusions of law, and recommendations within that |
time frame to the Secretary after the entry of such order, the |
|
Secretary shall, within 30 calendar days thereafter, issue an |
order based upon the report of the hearing officer and the |
record of the proceedings or issue an order remanding the |
matter back to the hearing officer for additional proceedings |
in accordance with the order. If (i) a direct appeal is |
requested, (ii) the Board fails to issue its findings of fact, |
conclusions of law, and recommendations within the 30-day |
mandate from the Secretary or the Secretary fails to order the |
Board to do so, and (iii) the Secretary fails to issue an order |
within 30 calendar days thereafter, then the hearing officer's |
report is deemed accepted and a final decision of the |
Secretary. Notwithstanding any other provision of this |
Section, if the Secretary, upon review, determines that |
substantial justice has not been done in the revocation, |
suspension, or refusal to issue or renew a license or other |
disciplinary action taken as the result of the entry of the |
hearing officer's report, the Secretary may order a rehearing |
by the same or other examiners
the
Director may issue an order
|
based on
the report of the hearing officer. If the
Secretary
|
Director
disagrees with the
recommendation of the Board or of |
the hearing officer, the Secretary
Director
may issue an
order |
in contravention of the Board's report. The Secretary
Director
|
shall promptly provide a
written explanation to the Board on |
any such disagreement, and shall
specify the reasons for such |
action in the final order.
|
(Source: P.A. 90-150, eff. 12-30-97.)
|
|
(225 ILCS 20/29) (from Ch. 111, par. 6379)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 29. Order or certified copy thereof - prima facie |
proof. An order
or a certified copy thereof, over the seal of |
the Department and purporting
to be signed by the Secretary
|
Director, shall be prima facie proof that:
|
(1) Such signature is the genuine signature of the |
Secretary
Director;
|
(2) Such Secretary
Director is duly appointed and |
qualified; and
|
(3) The Board and the members thereof are qualified to act.
|
(Source: P.A. 85-967.)
|
(225 ILCS 20/32) (from Ch. 111, par. 6382)
|
(Section scheduled to be repealed on January 1, 2008)
|
Sec. 32. Temporary suspension of a license. The Secretary
|
Director may
temporarily suspend the license of a licensed |
clinical social worker
or licensed social worker without a
|
hearing simultaneously with the institution of proceedings for |
a hearing
provided for in Section 21 of this Act if the |
Secretary
Director finds conclusive
evidence indicating that a |
licensee's continuation
in practice would constitute an |
imminent danger to the public. In the event
the Secretary
|
Director temporarily suspends such license without a hearing, a
|
hearing by the Board shall be held within 30
days after such |
|
suspension has occurred.
|
(Source: P.A. 85-1131.)
|
Section 15. If and only if House Bill 820 of the 95th |
General Assembly (as amended by Senate Amendment No. 1) becomes |
law, the Carnival and Amusement Rides Safety Act is amended by |
changing Sections 2-2 and 2-20 as follows:
|
(430 ILCS 85/2-2) (from Ch. 111 1/2, par. 4052)
|
Sec. 2-2. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
1. "Director" means the Director of Labor or his or her |
designee.
|
2. "Department" means Department of Labor.
|
3. "Amusement Attraction" means an enclosed building or |
structure,
including electrical equipment which is an integral |
part of the building or
structure, through which people walk |
without the aid of any moving device,
that provides amusement, |
thrills or excitement at a fair or carnival,
except any such |
enclosed building or structure which is subject to the
|
jurisdiction of a local building code.
|
4. "Amusement ride" means:
|
(a) any mechanized device
or combination of devices, |
including electrical equipment which is an
integral part of |
the device or devices, which carries passengers along,
|
around, or over a fixed or restricted course for the |
|
primary purpose of
giving its passengers amusement, |
pleasure, thrills, or excitement;
|
(b) any ski lift, rope tow, or other device used to |
transport snow
skiers;
|
(c) (blank);
|
(d) any dry slide over 20 feet in height, alpine slide, |
or toboggan
slide;
|
(e) any tram, open car, or combination of open cars or |
wagons pulled
by a tractor or other motorized device which |
is not licensed by the
Secretary of State, which may, but |
does not necessarily follow a fixed or
restricted course, |
and is used primarily for the purpose of giving its
|
passengers amusement, pleasure, thrills or excitement, and |
for which an
individual fee is charged or a donation |
accepted with the exception of
hayrack rides; or
|
(f) any bungee cord or similar elastic device.
|
5. "Carnival" means an enterprise which offers amusement or |
entertainment
to the public by means of one or more amusement |
attractions or amusement rides.
|
6. "Fair" means an enterprise principally devoted to the |
exhibition of
products of agriculture or industry in connection |
with which
amusement rides or amusement attractions are |
operated.
|
7. "Operator" means a person, or the agent of a person, who |
owns or
controls or has the duty to control the operation of an |
amusement ride or
an amusement attraction at a carnival or |
|
fair. "Operator" includes an
agency of the State or any of its |
political subdivisions.
|
8. "Carnival worker" means a person who is employed by a |
carnival or fair to manage, physically operate, or assist in |
the operation of an amusement ride or amusement attraction when |
it is open to the public and who is not a volunteer.
|
(Source: P.A. 94-801, eff. 5-25-06; 95HB0820sam001.)
|
(430 ILCS 85/2-20) |
Sec. 2-20. Employment of carnival workers. |
(a) Beginning on January 1, 2008, no person, firm, |
corporation, or other entity that owns or operates a carnival |
or fair shall employ a carnival worker who (i) has been |
convicted of any offense set forth in Article 11 of the |
Criminal Code of 1961, (ii) is a registered sex offender, as |
defined in the Sex Offender Registration Act, or (iii) has ever |
been convicted of any offense set forth in Article 9 of the |
Criminal Code of 1961. |
Any person, firm, corporation, or other entity that owns or |
operates a carnival and knowingly violates the provisions of |
this subsection (a) shall be assessed a civil penalty in an |
amount not less than $1,000 and not more than $5,000 for a |
first offense, and not less than $5,000 and not more than |
$10,000 for a second or subsequent offense. |
(b) A
In the interest of compliance with the requirements |
of this Section, a person, firm, corporation, or other entity |
|
that owns or operates a carnival or fair must conduct a |
criminal history records check for each carnival workers at the |
time they are hired
worker in its employ consistent with the |
Illinois Uniform Conviction Information Act and perform a check |
of the Sex Offender Registry maintained by the Department of |
State Police for each carnival worker in its employ. |
In the case of carnival workers who are hired on a |
temporary basis to work at a specific event, the carnival or |
fair owner may work with local enforcement agencies in order |
expedite the criminal history records check required under this |
subsection (b). |
Individuals who are under the age of 17 are exempt from the |
criminal history records check requirements set forth in this |
subsection (b). |
(c) Any person, firm, corporation, or other entity that |
owns or operates a carnival or fair must have a substance abuse |
policy in place for its workers, which shall include random |
drug testing of carnival workers. |
(d) Any person, firm, corporation, or other entity that |
owns or operates a carnival or fair that violates the |
provisions of subsection (a) of this Section or fails to |
conduct a criminal history records check or a sex offender |
registry check for carnival workers in its employ, as required |
by subsection (b) of this Section, shall be assessed a civil |
penalty in an amount not to exceed $1,000 for a first offense, |
not to exceed $5,000 for a second offense, and not to exceed |
|
$15,000 for a third or subsequent offense. The collection of |
these penalties shall be enforced in a civil action brought by |
the Attorney General on behalf of the Department. |
(e) A carnival or fair owner is not responsible for: |
(1) any personal information submitted by a carnival |
worker for criminal history records check purposes; or |
(2) any information provided by a third party for a |
criminal history records check or a sex offender registry |
check. |
A carnival or fair owner shall not be liable to any |
employee in carrying out the requirements of this Section.
|
(Source: 95HB0820sam001.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|