HB5019 103RD GENERAL ASSEMBLY

LRB103 36304 AWJ 66402 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5019

Introduced 2/8/2024, by Rep. Janet Yang Rohr

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 80/4.40
325 ILCS 5/4

Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Art Therapy Licensing and Practice Act.

Section 5. Declaration of public policy; purpose. The practice of art therapy is hereby declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of this Act is to ensure the highest degree of professional conduct on the part of art therapists, to guarantee the availability of art therapy services provided by a qualified professional to persons in need of those services, and to protect the public from the practice of art therapy by unqualified individuals.

Section 10. Definitions. As used in this Act:

"Accredited educational institution" means a university or college accredited by the Commission on Accreditation of Allied Health Education Programs, another nationally recognized accrediting agency of institutions of higher education, or an institution and clinical program approved by the American Art Therapy Association.

"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.

"Advisory Board" means the Art Therapy Advisory Board.

"Art therapy" means the integrated use of psychotherapy, counseling, and evidence-based practices in combination with art therapy theory, including, but not limited to, specialized training in art media, the creative process, the neurobiological implications of art-making, and art-based assessment models to prevent and alleviate mental and emotional disorders and psychopathology. "Art therapy" also includes the use of the aforementioned practices and theories to promote optimal cognitive, mental, and emotional health through diagnosis and assessment, testing, treatment, evaluation, and rehabilitation in a professional relationship to assist individuals, couples, families, groups, and organizations to alleviate emotional disorders, to understand conscious and unconscious motivation, to resolve emotional, relationship, and attitudinal conflicts, and to modify behaviors that interfere with effective emotional, social, adaptive, and intellectual functioning.

"Art therapy treatment" includes the use of expressive arts media, creative techniques, nonverbal communication, psychotherapy, art-based assessment models, and the creative process in a therapeutic relationship between a licensed clinical professional art therapist and the therapist's client. "Art therapy treatment" also includes:

(1) evaluation, assessment, and diagnosis to define and implement individualized treatment plans and establish treatment objectives to address developmental, behavioral, cognitive, and emotional needs;

(2) therapeutic interventions to facilitate alternative modes of receptive and expressive communication that can circumvent the limitations of verbal articulation;

(3) implementing an individualized treatment plan that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational services being provided to the client;

(4) planning, implementing, and evaluating an individualized treatment plan using treatment interventions that include psychotherapy or counseling integrated with art therapy theory, the creative process, or art media to facilitate human development and to identify and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with daily functioning;

(5) utilizing appropriate knowledge and specialized training in art therapy theory, art media, the creative process, the neurobiological implications of art-making, psychotherapy and counseling principles and theory, and clinical decision-making skills to inform practice and determine the appropriate course of action within the clinician's scope of psychotherapeutic art therapy practice, tailored to the context of each specific clinical setting.

"Department" means the Department of Financial and Professional Regulation.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.

"Face-to-face meeting" means a meeting that is live, interactive, and visual, including video meetings if the meeting is synchronous and involves verbal and visual interaction during supervision.

"Licensed associate art therapist" or "LAAT" means a person who has (i) completed a master's or doctoral degree program in art therapy, or an equivalent course of study from an accredited educational institution as outlined in Section 60; (ii) satisfied the requirements for licensure set forth in Section 60; and (iii) been issued a license to practice art therapy under an approved qualified art therapy supervisor in accordance with rules of the Department.

"Licensed clinical professional art therapist" or "LCPAT" means a person who has (i) completed a master's or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution; (ii) taken the Art Therapy Credentials Board exam or any licensing or credentialing exam deemed to be substantially equivalent by the Department; (iii) satisfied the requirements for licensure set forth in Section 60; and (iv) been issued a license for the independent practice of art therapy by the Department.

"Practice clinical professional art therapy" means to engage professionally as a primary provider, for compensation in art therapy, psychotherapy, art therapy treatment, and appraisal activities by providing services to promote optimal cognitive, mental, and emotional health through diagnosis and assessment, testing, treatment, evaluation, and rehabilitation and to prevent and alleviate mental and emotional disorders and psychopathology.

"Qualified art therapy supervisor" means an Art Therapy Certified Supervisor credentialed by the Art Therapy Credentials Board, a Registered Art Therapist or Board-Certified Registered Art Therapist certified by the Art Therapy Credentials Board, a licensed clinical professional art therapist, or another licensed mental health care provider approved by the Department and licensed in Illinois, including, but not limited to, licensed clinical social workers, licensed marriage and family therapists, or licensed clinical professional counselors.

"Secretary" means the Secretary of Financial and Professional Regulation or the Secretary's designee.

"Supervision" means a formalized professional relationship between a qualified art therapy supervisor and supervisee in which the qualified art therapy supervisor directs, guides, monitors, instructs, and evaluates the supervisee's clinical professional art therapy practice while promoting the development of the supervisee's knowledge, skills, and abilities to provide clinical professional art therapy services in an ethical and competent manner. "Supervision" includes:

(1) an acceptance of direct responsibility for the client services rendered by the supervisee via face-to-face meetings with the person under supervision;

(2) the qualified art therapy experience is under the order, control, and full professional responsibility of a qualified art therapy supervisor who reviews aspects of art therapy practice and case management in a face-to-face meeting with the person;

(3) the qualified art therapy supervisor ensures that the extent, kind, and quality of art therapy performed is consistent with the education, training, and experience of the person being supervised;

(4) reviewing client or patient records, monitoring and evaluating assessment, diagnosis, and treatment decisions of the art therapist trainee; or

(5) ensuring compliance with laws and regulations governing the practice of clinical professional art therapy and licensed associate art therapy.

Section 15. Address of record; email address of record. All applicants and licensees shall:

(1) provide a valid address and email address to the Department, which serves as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

(2) inform the Department of any change of address of record or email address of record within 14 days after the change either through the Department's website or by contacting the Department's licensure maintenance unit.

Section 20. Art Therapy Advisory Board. There is created within the Department an Art Therapy Advisory Board, which shall consist of 5 members. The Secretary shall appoint all members of the Advisory Board. The Advisory Board shall consist of persons familiar with the practice of art therapy to provide the Secretary with expertise and assistance in carrying out the Secretary's duties under this Act. The Secretary shall appoint members of the Advisory Board to serve for terms of 4 years, and members may be appointed by the Secretary to serve consecutive terms. Any vacancy shall be filled in the same manner as a regular appointment. The Secretary shall appoint 3 members who practice clinical professional art therapy in this State, one member who is a licensed health care provider who is not an art therapist, and one member who is a consumer. Members shall serve without compensation.

The Secretary may terminate the appointment of any member for cause as determined by the Secretary.

The Secretary may consider the recommendation of the Advisory Board on all matters and questions relating to this Act.

Members of the Advisory Board shall be reimbursed for all legitimate, necessary, and authorized expenses.

Members of the Advisory Board shall have no liability in any action based upon a disciplinary proceeding or other activity performed in good faith as a member of the Advisory Board.

Section 25. Art Therapy Advisory Board; powers and duties.

(a) The Advisory Board shall meet at least 4 times per year or as otherwise called by the Secretary.

(b) The Advisory Board shall advise the Department on all matters pertaining to the licensure for, disciplinary actions for, education for, continuing education requirements for, and practice of art therapy in this State.

(c) The Advisory Board may make recommendations as it deems advisable to the Secretary on any matters and questions relating to this Act and the profession and practice of art therapy.

(d) The Advisory Board shall annually elect one of its members as chairperson and one of its members as vice chairperson.

Section 30. Exemptions. Nothing in this Act may be construed to prohibit or restrict the practice, services, or activities of the following:

(1) A person licensed, certified, or regulated under the laws of this State in another profession or occupation, including physicians, psychologists, registered nurses, marriage and family therapists, social workers, occupational therapists, professional counselors, speech-language pathologists or audiologists, or personnel supervised by a licensed professional, performing work, including the use of art, incidental to the practice of that person's licensed, certified, or regulated profession or occupation if the person does not represent themselves as a licensed associate art therapist or licensed clinical professional art therapist.

(2) Practice of art therapy as an integral part of a program of study for students enrolled in an accredited art therapy program if the students do not represent themselves as licensed clinical professional art therapists.

Section 35. Unlicensed practice; violation; civil penalty.

(a) A person may not engage in the practice of art therapy, use the title "licensed clinical professional art therapist" or "licensed associate art therapist", or use the abbreviation "LCPAT" or "LAAT" or any other title, designation, word, letter, abbreviation or insignia indicating the practice of art therapy unless licensed under this Act.

(b) A person who practices, offers to practice, attempts to practice, or holds the person out to practice art therapy without being licensed or exempt under this Act, as described in subsection (a), 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 for each offense, as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held under this Act regarding the provision of a hearing for the discipline of a licensee.

(c) The Department may investigate any actual, alleged, or suspected unlicensed activity.

(d) 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 final judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record. The Attorney General may bring an action in circuit court to enforce the collection of any monetary penalty imposed.

Section 40. Powers and duties of the Department. The Department shall adopt rules for the annual renewal process for a license as a clinical professional art therapist or licensed associate art therapist, including:

(1) implementing a continuing education requirement as a condition of license renewal for licenses issued under its jurisdiction;

(2) establishing standards for continuing education, including the subject matter and content of courses of study and the number and type of continuing education credits required of a licensee as a condition of biennial license renewal;

(3) allowing continuing education credits to be earned from the American Art Therapy Association and other organizations providing continuing education and accredited educational programs, including, but not limited to, programs relating to meetings of constituents and components of art therapy associations recognized by the Department, examinations, papers, publications, presentations, teaching and research appointments, and establishing procedures for the issuance of credit upon satisfactory proof of the completion of these programs, including that each hour of instruction shall be equivalent to one credit;

(4) approving only those continuing education programs as are available to all persons practicing art therapy in this State on a nondiscriminatory basis;

(5) reviewing applications to ascertain the qualifications of applicants for licenses;

(6) authorizing examinations to ascertain the qualifications of those applicants who require examinations as a component of a license;

(7) conducting hearings on proceedings to refuse to issue or renew a license or to revoke, suspend, place on probation, or reprimand licenses issued under this Act or otherwise discipline a licensee; and

(8) adopting rules necessary for the administration of this Act.

Section 45. Application for original license. Applications for original licenses shall be made to the Department on forms prescribed by the Department and accompanied by the required fee, which is not refundable. All applications shall contain information that, in the judgment of the Department, will enable the Department to approve or disapprove of the qualifications of the applicant for a license under this Act. If an applicant fails to obtain a license under this Act within 3 years after filing the application, the application shall be denied. The applicant may make a new application, which shall be accompanied by the required nonrefundable fee. The applicant shall meet the qualifications required for licensure at the time of reapplication.

Section 50. Social security number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's social security number, which shall be retained in the Department's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license. Every application for a renewal, reinstatement, or restoration of a license shall require the applicant's customer identification number.

Section 55. Qualifications for licensure as a licensed clinical professional art therapist.

(a) The Secretary shall issue a license to an applicant for a clinical professional art therapist license if the applicant has completed and submitted an application form in the manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that the applicant has fulfilled the following requirements:

(1) is at least 18 years of age;

(2) is of good moral character. In determining moral character under this paragraph, the Department may take into consideration whether the applicant has engaged in conduct or activities which would constitute grounds for discipline under this Act;

(3) has demonstrated professional competency by satisfactorily completing the Board-Certified Registered Art Therapist Board exam by the Art Therapy Credentials Board or a substantially equivalent exam approved by the Department; and

(4) has either:

(A) (i) received a master's degree or doctoral degree in art therapy that includes at least 700 hours of supervised internship experience from an accredited educational institution; and (ii) completed at least 3,360 total hours of postgraduate experience under direct supervision completed in a period of not less than 2 years. Of these 3,360 total hours, 1,680 hours must be in direct contact with a client and 500 hours of the 1,680 client contact hours must be under the supervision of an Art Therapy Certified Supervisor credentialed by the Art Therapy Credentials Board, a Board-Certified Registered Art Therapist certified by the Art Therapy Credentials Board, or a licensed clinical professional art therapist, and the remaining hours may be earned under the supervision of any qualified art therapy supervisor; or

(B) received a master's degree or higher in a related mental health field and has (i) completed a minimum of 3 graduate credit hours in each of the following subject areas: human growth and development; social and cultural foundations of counseling; theories of art therapy; art therapy techniques; group dynamics, processing, and counseling; lifestyle and career development; appraisal; research and evaluation; professional, legal, and ethical responsibilities; marriage and family therapy; psychopathology; addictions; history of art therapy; and theory of art therapy; (ii) earned at least 700 hours of supervised internship experience from an accredited educational institution; and (iii) has completed at least 3,360 total hours of postgraduate experience under direct supervision completed in a period of not less than 2 years. Of these 3,360 total hours, 1,680 hours must be in direct contact with a client and 1,000 hours of the 1,680 client contact hours must be direct provision of art therapy under the supervision of a Board-Certified Registered Art Therapist certified by the Art Therapy Credentials Board, an Art Therapy Certified Supervisor credentialed by the Art Therapy Credentials Board, or a licensed clinical professional art therapist, the remaining hours may be earned under the supervision of any qualified art therapy supervisor.

Section 60. Qualifications for licensure as a licensed associate art therapist. The Secretary shall issue a license for an associate art therapist to an applicant who has submitted evidence, satisfactory to the Secretary, that the applicant has:

(1) Completed the educational requirements for licensure as a clinical professional art therapist in the State of Illinois as outlined in Section 55.

(2) Entered into an agreement for supervision with a qualified art therapy supervisor.

A license issued under this Section is valid for a period of 5 years. At the end of the 5-year period, a licensed associate art therapist who has not met the requirements for licensure as a clinical professional art therapist may submit an application for extension of licensure as an associate art therapist to the Secretary. The application shall include (i) a plan for completing the requirements to obtain licensure as a licensed clinical professional art therapist, (ii) documentation of compliance with the continuing education requirements, (iii) documentation of compliance with requirements related to supervision, and (iv) letters of recommendation from at least 2 qualified art therapy supervisors. An extension of a license as an associate art therapist under this Section is valid for a period of 2 years and is not renewable.

Section 65. Unlawful practice of licensed associate art therapists; rules.

(a) It is unlawful for a person to practice as a licensed associate art therapist or to hold oneself out to be or represent or permit to be represented that the person is a licensed associate art therapist unless the person holds a license as a licensed associate art therapist issued by the Department.

(b) The Department shall adopt rules governing requirements for the practice of licensed associate art therapists. The rules shall include requirements for continuing education and supervision of licensed associate art therapists.

Section 70. Standards for supervision.

(a) A qualified art therapy supervisor shall:

(1) supervise only in those areas within the qualified art therapy supervisor's competence, as determined by education, training, and experience;

(2) provide supervision appropriate to the particular level of licensure being applied for or maintained;

(3) ensure that the supervisee is practicing within the scope of the supervisee's license;

(b) In addition to the requirements of subsection (a), a qualified art therapy supervisor shall specifically instruct and provide guidance:

(1) relating to the qualified art therapy supervisor's scope of practice of clinical professional art therapy;

(2) to supervisees in appropriate billing practices if applicable to the practice site, including:

(A) providing services involving the application of therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions of individuals, families, couples, or groups;

(B) recordkeeping;

(C) disclosure of fees and financial arrangements; and

(D) appropriate maintenance and destruction of clinical and financial records.

Section 75. License renewal.

(a) Every license issued under this Act shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is in compliance with this Act at the time of application for renewal. The following shall also be required for license renewal:

(1) Proof of completion of a minimum of 40 hours of continuing education as established by rule.

(2) For those licensed clinical professional art therapists that have direct patient interactions with adult populations age 26 or older, proof of completion of at least one hour of training on the diagnosis, treatment, and care of individuals with Alzheimer's disease and other dementias per renewal period; this training shall include, but not be limited to, assessment and diagnosis, effective communication strategies, and management and care planning; this one-hour course counts toward meeting the minimum credit hours required for continuing education.

(b) A licensee shall inform the Secretary of any changes to the licensee's address. Each licensee shall be responsible for timely renewal of the licensee's license.

Section 80. Inactive status. A person who notifies the Department in writing on forms prescribed by the Department may elect to place the person's license on inactive status and shall, subject to rule of the Department, be excused from payment of renewal fees until the person notifies the Department, in writing, of the person's desire to restore active status. A person requesting restoration from inactive status must pay the current renewal fee to restore the person's license. Practice by an individual whose license is on inactive status shall be considered to be the unlicensed practice of art therapy and shall be grounds for discipline under this Act.

Section 85. Fees; deposit of fees. The Department shall, by rule, establish all fees for the administration and enforcement of this Act. These fees are nonrefundable. All the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. The moneys deposited into the General Professions Dedicated Fund under this Act shall be used by the Department, as appropriate, for the ordinary and contingent expenses of the Department. Moneys deposited in the General Professions Dedicated Fund under this Act may be invested and reinvested, with all earnings received from these investments being deposited into that Fund and used for the same purposes as the fees and fines deposited in that Fund.

Section 90. Checks or orders dishonored. A person who issues or delivers a check or other order 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 prohibiting 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 after 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 certification or deny the application, without hearing. If, after termination or denial, the person seeks a license, the person shall apply to the Department for restoration or issuance of the license 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 to pay all costs and expenses of processing of the application. The Secretary may waive the fines due under this Section in individual cases where the Secretary finds that the fines would be unnecessarily burdensome.

Section 95. Endorsement.

(a) An applicant licensed as a licensed clinical professional art therapist or its equivalent in another state, territory, or jurisdiction, as recognized by the Department, is eligible for licensure if the applicant provides:

(1) a completed Department-approved application and paid the required fees;

(2) an official transcript from the educational institution which awarded the master's or doctoral degree;

(3) a copy of a current license from each state, territory, or jurisdiction in which the applicant has been licensed, registered, or otherwise authorized to practice clinical professional art therapy;

(4) documentation, satisfactory to the Department, that the applicant is currently licensed in good standing to practice art therapy in another state, territory, or jurisdiction; and

(5) verification that the applicant has:

(A) no history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a license to practice art therapy; and

(B) not committed any act or omission that would be grounds for discipline or denial of licensure.

(b) An applicant is eligible for licensure as a licensed clinical professional art therapist by the Department if the applicant (i) is a resident of Illinois, (ii) has completed the required education and supervision required under Section 55, and (iii) has practiced art therapy for a period of not less than 2 years before the effective date of this Act.

Section 100. Privileged communications and exceptions.

(a) A licensed clinical professional art therapist or licensed associate art therapist may not disclose any information acquired from persons consulting the therapist in a professional capacity, except that which may be voluntarily disclosed under any of the following circumstances:

(1) In the course of formally reporting, conferring, or consulting with administrative superiors, colleagues, or consultants who share professional responsibility, in which instance all recipients of the information are similarly bound to regard the communication as privileged.

(2) With the written consent of the person who provided the information and about whom the information concerns.

(3) In the case of death or disability, with the written consent of the personal representative of an estate or of a person.

(4) When a communication reveals the intended commission of a crime or harmful act and the disclosure is judged necessary in the professional judgment of the licensed clinical professional art therapist or licensed associate art therapist to protect any person from a clear risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety.

(5) When a person waives the privilege by bringing any public charges or filing a lawsuit against the licensee.

(b) A person having access to records or a person who participates in providing art therapy services, participates in providing human services, or is supervised by a licensed clinical professional art therapist is similarly bound to regard all information and communications as privileged under this Section.

Section 105. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or nondisciplinary action as the Department deems appropriate, including the issuance of fines not to exceed $10,000 for each violation, with regard to any license for any one or more of the following:

(1) Material misstatement in furnishing information to the Department or to any other State agency.

(2) Violations or negligent or intentional disregard of this Act, or any of its rules.

(3) Conviction by plea of guilty or nolo contendere, finding of guilt by a judge or jury verdict or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States (i) that is a felony or (ii) that is a misdemeanor of which dishonesty is an essential element of which is dishonesty or that is directly related to the practice of art therapy.

(4) Making any misrepresentation for the purpose of obtaining a license, or violating any provision of this Act or its rules.

(5) Negligence in the rendering of art therapy services.

(6) Aiding or assisting another person in violating any provision of this Act or any of its rules.

(7) Failing to provide information within 60 days in response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public and violating the rules of professional conduct adopted by the Department.

(9) Failing to maintain the confidentiality of any information received from a client unless otherwise authorized or required by law.

(10) Failure to maintain client records of services provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage, profit, or interest.

(12) Habitual or excessive use of or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in inability to practice with reasonable skill, judgment, or safety.

(13) Discipline by another governmental agency, territory, or unit of government of the United States or a foreign nation if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(14) Directly or indirectly giving to or receiving from a person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for a professional service not actually rendered. Nothing in this paragraph affects a bona fide independent contractor or employment arrangement among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. An employment arrangement 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 shall be construed to require an employment arrangement to receive professional fees for services rendered.

(15) A finding by the Department that the licensee, after having the license placed on probationary status, has violated the terms of probation.

(16) Failing to refer a client to other health care professionals when the licensee is unable or unwilling to adequately support or serve the client.

(17) Willfully filing false reports relating to a licensee's practice, including, but not limited to, false records filed with federal or State agencies or departments.

(18) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

(19) 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.

(20) Physical or mental disability, including deterioration through the aging process or loss of abilities and skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.

(21) Solicitation of professional services by using false or misleading advertising.

(22) Fraud or making any misrepresentation in applying for or procuring a license under this Act or in connection with applying for renewal of a license under this Act.

(23) Practicing or attempting to practice under a name other than the full name as shown on the license or any other legally authorized name.

(24) Gross overcharging for professional services, including filing statements for collection of fees or moneys for which services are not rendered.

(25) Charging for professional services not rendered, including filing false statements for the collection of fees for which services are not rendered.

(26) Allowing one's license under this Act to be used by an unlicensed person in violation of this Act.

(b) 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 shall result in an automatic suspension of the licensee's license. The suspension ends upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the determination of the Secretary that the licensee be allowed to resume professional practice.

(c) The Department may refuse to issue or renew or may suspend without hearing the license of any person who fails to file a return, 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 Act regarding the payment of taxes administered by the Department of Revenue until the requirements of the Act are satisfied in accordance with subsection (g) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(d) If the Department of Healthcare and Family Services has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the certification of delinquency made by the Department of Healthcare and Family Services in accordance with paragraph (5) of subsection (a) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

(e) All fines or costs imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or costs or in accordance with the terms set forth in the order imposing the fine.

Section 110. Violations; injunction; cease and desist order.

(a) If any person violates the provisions of this Act, the Secretary may, in the name of the People of the State of Illinois, through the Attorney General or the State's Attorney of any county in which the violation is alleged to have occurred, petition for an order enjoining the 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 the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section are in addition to all other remedies and penalties provided by this Act.

(b) 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 that 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.

Section 115. Investigations; notice and hearing. The Department may investigate the actions of an applicant or a person holding or claiming to hold a license or engaging in the practice of art therapy. The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 105, at least 30 days before the date set for the hearing, (i) notify the accused, in writing, of any charges made and the time and place for the hearing on the charges, (ii) direct the accused to file a written answer to the charges with the Department under oath within 20 days after service of the notice, and (iii) inform the accused that, if the accused fails to answer, default will be taken against the accused or that the accused's license may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of the accused's practice, as the Department may deem proper. In case the person, after receiving notice, fails to file an answer, the accused's license may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action considered 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. The written notice may be served by personal delivery, mail, or email to the address of record or email address of record.

Section 120. Record of proceedings; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case except as otherwise provided by statute or rule.

Section 125. Subpoenas; depositions; oaths. The Department may subpoena and bring before it any person in this State and take the oral or written testimony or compel the production of any books, papers, records, or any other documents that the Secretary or the Secretary's designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and mileage and in the same manner as prescribed in civil cases in the courts of this State. The Secretary, the shorthand court reporter, the designated hearing officer, and every member of the Advisory Board may administer oaths at any hearing which the Department conducts. Notwithstanding any other statute or Department rule to the contrary, all requests for testimony and for the production of documents or records shall be in accordance with this Act.

Section 130. Compelling testimony. Any court, upon application of the Department, designated hearing officer, or the applicant or licensee against whom proceedings under Section 105 are pending may order the attendance and testimony of witnesses and the production of relevant documents, papers, files, books, and records in connection with a hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 135. Findings and recommendations. At the conclusion of the hearing, the hearing officer or Advisory Board shall present to the Secretary a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether the licensee violated this Act or failed to comply with the conditions required in this Act. The hearing officer or Advisory Board shall specify the nature of the violation or failure to comply and shall make its recommendations to the Secretary. The report of findings of fact, conclusions of law, and recommendation of the hearing officer or Advisory Board shall be the basis for the Department's order for refusing to issue, restore, or renew a license, or for otherwise disciplining a licensee. If the Secretary disagrees with the recommendations of the hearing officer or Advisory Board, the Secretary may issue an order in contravention of the hearing officer's or Advisory Board's recommendations. 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.

Section 140. Secretary; rehearing. Whenever the Secretary believes substantial justice has not been done in the revocation, suspension, or refusal to issue or renew a license or the discipline of a licensee, the Secretary may order a rehearing.

Section 145. Appointment of a hearing officer. The Secretary has the authority to appoint an attorney licensed to practice law in the State to serve as the hearing officer in an action for refusal to issue or renew a license or permit or to discipline a licensee. The hearing officer has full authority to conduct the hearing. The hearing officer shall report the hearing officer's findings of fact, conclusions of law, and recommendations to the Secretary.

Section 150. Order or certified copy; prima facie proof. An order or certified copy of an order, over the seal of the Department and purporting to be signed by the Secretary, is prima facie proof that: (1) the signature is the genuine signature of the Secretary; and (2) the Secretary is duly appointed and qualified.

Section 155. Restoration of license from discipline. At any time after the successful completion of a term of indefinite probation, suspension, or revocation of a license, the Department may restore the license to active status, unless, after an investigation and a hearing, the Secretary determines that restoration is not in the public interest. A person whose license has been revoked as authorized in this Act may not apply for restoration of that license until authorized to do so under the Civil Administrative Code of Illinois.

Section 160. Summary suspension of license. The Secretary may summarily suspend the license of an art therapist without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 115, if the Secretary finds that the evidence indicates that the continuation of practice by the licensed clinical professional art therapist would constitute an imminent danger to the public. If the Secretary summarily suspends the license of an individual without a hearing, a hearing must be held within 30 days after the suspension has occurred and shall be concluded as expeditiously as possible.

Section 165. Administrative review; venue.

(a) All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. As used in this Section, "administrative decision" has the same meaning as used in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County.

Section 170. Certification of record; costs. The Department does not need to certify a record to the court, to file an answer in court, or to otherwise appear in court in a judicial review proceeding unless the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.

Section 175. Violations. Unless otherwise specified, a person found to have violated any provision of this Act is guilty of a Class A misdemeanor.

Section 180. Illinois Administrative Procedure Act; application. The Illinois Administrative Procedure Act is incorporated in this Act as if all the provisions of that Act were included in this Act, except subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the license, is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party or the address of record.

Section 185. Home rule. The regulation and licensing of clinical professional art therapists and associate art therapists are exclusive powers and functions of the State. A home rule unit may not regulate or license clinical professional art therapists or associate art therapists. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

Section 190. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, a complaint against a licensee filed with the Department and information collected to investigate a complaint, shall be maintained for the confidential use of the Department and shall not be disclosed. The Department shall not disclose the information to anyone other than law enforcement officials, regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee or applicant by the Department or any other complaint issued by the Department against a licensee or applicant shall be a public record, except as otherwise prohibited by law.

Section 900. The Regulatory Sunset Act is amended by changing Section 4.40 as follows:

(5 ILCS 80/4.40)

Sec. 4.40. Acts repealed on January 1, 2030. The following Acts are repealed on January 1, 2030:

The Art Therapy Licensing and Practice Act

The Auction License Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Professional Land Surveyor Act of 1989.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist Practice Act.

The Professional Engineering Practice Act of 1989.

The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357, eff. 8-9-19; 102-558, eff. 8-20-21.)

Section 905. The Abused and Neglected Child Reporting Act is amended by changing Section 4 as follows:

(325 ILCS 5/4)

Sec. 4. Persons required to report; privileged communications; transmitting false report.

(a) The following persons are required to immediately report to the Department when they have reasonable cause to believe that a child known to them in their professional or official capacities may be an abused child or a neglected child:

(1) Medical personnel, including any: physician licensed to practice medicine in any of its branches (medical doctor or doctor of osteopathy); resident; intern; medical administrator or personnel engaged in the examination, care, and treatment of persons; psychiatrist; surgeon; dentist; dental hygienist; chiropractic physician; podiatric physician; physician assistant; emergency medical technician; physical therapist; physical therapy assistant; occupational therapist; occupational therapy assistant; acupuncturist; registered nurse; licensed practical nurse; advanced practice registered nurse; genetic counselor; respiratory care practitioner; home health aide; or certified nursing assistant.

(2) Social services and mental health personnel, including any: licensed professional counselor; licensed clinical professional counselor; licensed social worker; licensed clinical social worker; licensed psychologist or assistant working under the direct supervision of a psychologist; associate licensed marriage and family therapist; licensed marriage and family therapist; licensed clinical professional art therapist; licensed associate art therapist; field personnel of the Departments of Healthcare and Family Services, Public Health, Human Services, Human Rights, or Children and Family Services; supervisor or administrator of the General Assistance program established under Article VI of the Illinois Public Aid Code; social services administrator; or substance abuse treatment personnel.

(3) Crisis intervention personnel, including any: crisis line or hotline personnel; or domestic violence program personnel.

(4) Education personnel, including any: school personnel (including administrators and certified and non-certified school employees); personnel of institutions of higher education; educational advocate assigned to a child in accordance with the School Code; member of a school board or the Chicago Board of Education or the governing body of a private school (but only to the extent required under subsection (d)); or truant officer.

(5) Recreation or athletic program or facility personnel; or an athletic trainer.

(6) Child care personnel, including any: early intervention provider as defined in the Early Intervention Services System Act; director or staff assistant of a nursery school or a child day care center; or foster parent, homemaker, or child care worker.

(7) Law enforcement personnel, including any: law enforcement officer; field personnel of the Department of Juvenile Justice; field personnel of the Department of Corrections; probation officer; or animal control officer or field investigator of the Department of Agriculture's Bureau of Animal Health and Welfare.

(8) Any funeral home director; funeral home director and embalmer; funeral home employee; coroner; or medical examiner.

(9) Any member of the clergy.

(10) Any physician, physician assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, licensed social worker, licensed clinical social worker, or licensed professional counselor of any office, clinic, licensed behavior analyst, licensed assistant behavior analyst, or any other physical location that provides abortions, abortion referrals, or contraceptives.

(b) When 2 or more persons who work within the same workplace and are required to report under this Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report. The report shall include the names and contact information for the other mandated reporters sharing the reasonable cause to believe that a child may be an abused or neglected child. The designated reporter must provide written confirmation of the report to those mandated reporters within 48 hours. If confirmation is not provided, those mandated reporters are individually responsible for immediately ensuring a report is made. Nothing in this Section precludes or may be used to preclude any person from reporting child abuse or child neglect.

(c)(1) As used in this Section, "a child known to them in their professional or official capacities" means:

(A) the mandated reporter comes into contact with the child in the course of the reporter's employment or practice of a profession, or through a regularly scheduled program, activity, or service;

(B) the mandated reporter is affiliated with an agency, institution, organization, school, school district, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance, or training of the child; or

(C) a person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse or child neglect, and the disclosure happens while the mandated reporter is engaged in the reporter's employment or practice of a profession, or in a regularly scheduled program, activity, or service.

(2) Nothing in this Section requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect.

(d) If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who is enrolled in the school district of which the person is a board member is an abused child as defined in Section 3 of this Act, the member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a school board member is granted the authority in that board member's individual capacity to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse.

Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is made by another school district for the provision of information concerning the job performance or qualifications of the current or former employee because the current or former employee is an applicant for employment with the requesting school district, the general superintendent of the school district to which the request is being made must disclose to the requesting school district the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school district who is or has been the subject of a report made pursuant to this Act during the employee's employment with the school district must be informed by that school district that if the employee applies for employment with another school district, the general superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify that requesting school district that the employee is or was the subject of such a report.

(e) Whenever such person is required to report under this Act in the person's capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, or as a member of the clergy, the person shall make report immediately to the Department in accordance with the provisions of this Act and may also notify the person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or designated agent of the person in charge that such report has been made. Under no circumstances shall any person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or designated agent of the person in charge to whom such notification has been made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department.

(f) In addition to the persons required to report suspected cases of child abuse or child neglect under this Section, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child.

(g) The privileged quality of communication between any professional person required to report and the professional person's patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act or constitute grounds for failure to share information or documents with the Department during the course of a child abuse or neglect investigation. If requested by the professional, the Department shall confirm in writing that the information or documents disclosed by the professional were gathered in the course of a child abuse or neglect investigation.

The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and the attorney's client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client.

A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure.

(h) Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who is required to make reports to the Department under this Act any reasonable suspicion that a child known to office personnel in their professional or official capacity may be an abused child or a neglected child.

(i) Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding of the reporting requirements of this Act. On and after January 1, 2019, the statement shall also include information about available mandated reporter training provided by the Department. The statement shall be signed prior to commencement of the employment. The signed statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the employer.

(j) Persons required to report child abuse or child neglect as provided under this Section must complete an initial mandated reporter training, including a section on implicit bias, within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. The initial requirement only applies to the first time they engage in their professional or official capacity. In lieu of training every 3 years, medical personnel, as listed in paragraph (1) of subsection (a), must meet the requirements described in subsection (k).

The mandated reporter trainings shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) indicators for recognizing child abuse and child neglect, as defined under this Act; (ii) the process for reporting suspected child abuse and child neglect in Illinois as required by this Act and the required documentation; (iii) responding to a child in a trauma-informed manner; and (iv) understanding the response of child protective services and the role of the reporter after a call has been made. Child-serving organizations are encouraged to provide in-person annual trainings.

The implicit bias section shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) implicit bias and (ii) racial and ethnic sensitivity. As used in this subsection, "implicit bias" means the attitudes or internalized stereotypes that affect people's perceptions, actions, and decisions in an unconscious manner and that exist and often contribute to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics. The implicit bias section shall provide tools to adjust automatic patterns of thinking and ultimately eliminate discriminatory behaviors. During these trainings mandated reporters shall complete the following: (1) a pretest to assess baseline implicit bias levels; (2) an implicit bias training task; and (3) a posttest to reevaluate bias levels after training. The implicit bias curriculum for mandated reporters shall be developed within one year after January 1, 2022 (the effective date of Public Act 102-604) and shall be created in consultation with organizations demonstrating expertise and or experience in the areas of implicit bias, youth and adolescent developmental issues, prevention of child abuse, exploitation, and neglect, culturally diverse family systems, and the child welfare system.

The mandated reporter training, including a section on implicit bias, shall be provided through the Department, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Illinois State Police, or through an organization approved by the Department to provide mandated reporter training, including a section on implicit bias. The Department must make available a free web-based training for reporters.

Each mandated reporter shall report to the mandated reporter's employer and, when applicable, to the mandated reporter's licensing or certification board that the mandated reporter received the mandated reporter training. The mandated reporter shall maintain records of completion.

Beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and the mandated reporter's profession has continuing education requirements, the training mandated under this Section shall count toward meeting the licensee's required continuing education hours.

(k)(1) Medical personnel, as listed in paragraph (1) of subsection (a), who work with children in their professional or official capacity, must complete mandated reporter training at least every 6 years. Such medical personnel, if licensed, must attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made.

(2) In lieu of repeated training, medical personnel, as listed in paragraph (1) of subsection (a), who do not work with children in their professional or official capacity, may instead attest each time at licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Nothing in this paragraph precludes medical personnel from completing mandated reporter training and receiving continuing education credits for that training.

(l) The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the provisions of this Section to report under this Act.

(m) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this provision is a Class 4 felony.

Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense).

(n) A child whose parent, guardian or custodian in good faith selects and depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care may be considered neglected or abused, but not for the sole reason that the child's parent, guardian or custodian accepts and practices such beliefs.

(o) A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of the School Code, as amended.

(p) Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of Animal Health and Welfare.

(q) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(r) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.

(Source: P.A. 102-604, eff. 1-1-22; 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23.)