HB5691 96TH GENERAL ASSEMBLY

LRB096 20223 ASK 35796 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5691

Introduced 2/9/2010, by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

225 ILCS 15/6	from Ch. 111, par. 5356
225 ILCS 15/7	from Ch. 111, par. 5357
225 ILCS 15/10.5 new
225 ILCS 15/13	from Ch. 111, par. 5363

Amends the Clinical Psychologist Licensing Act. Provides that a licensee shall complete at least 23 credit hours of continuing education for every 2-year period of licensure, except for his or her initial 2-year period of licensure. Sets forth additional provisions concerning continuing education, including postponements or waivers of the requirement, exemptions, military service, license renewals or restorations, and Department duties and powers. Also makes technical changes.

A BILL FOR

AN ACT concerning professional regulation.

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

Section 5. The Clinical Psychologist Licensing Act is amended by changing Sections 6, 7, and 13 and by adding Section 10.5 as follows:

(225 ILCS 15/6) (from Ch. 111, par. 5356)

(Section scheduled to be repealed on January 1, 2017)

Sec. 6. Subject to the provisions of this Act, the Department shall:

(1) Authorize examinations to ascertain the qualifications and fitness of applicants for licensure as clinical psychologists, approve of continuing education programs or courses, and pass upon the qualifications of applicants for reciprocal licensure.

(2) Conduct hearings on proceedings to refuse to issue or renew or to revoke licenses or suspend, place on probation, censure or reprimand persons licensed under the provisions of this Act, and to refuse to issue or to suspend or to revoke or to refuse to renew licenses or to place on probation, censure or reprimand such persons licensed under the provisions of this Act.

(3) Formulate rules and regulations required for the administration of this Act.

(Source: P.A. 85-947.)

(225 ILCS 15/7) (from Ch. 111, par. 5357)

(Section scheduled to be repealed on January 1, 2017)

Sec. 7. Board. The Secretary shall appoint a Board that shall serve in an advisory capacity to the Secretary.

The Board shall consist of 7 persons, 4 of whom are licensed clinical psychologists, and actively engaged in the practice of clinical psychology, 2 of whom are licensed clinical psychologists and are full time faculty members of accredited colleges or universities who are engaged in training clinical psychologists, and one of whom is a public member who is not a licensed health care provider. In appointing members of the Board, the Secretary shall give due consideration to the adequate representation of the various fields of health care psychology such as clinical psychology, school psychology and counseling psychology. In appointing members of the Board, the Secretary shall give due consideration to recommendations by members of the profession of clinical psychology and by the State-wide organizations representing the interests of clinical psychologists and organizations representing the interests of academic programs as well as recommendations by approved doctoral level psychology programs in the State of Illinois. The members shall be appointed for a term of 4 years. No member shall be eligible to serve for more than 2 full terms. Any appointment to fill a vacancy shall be for the unexpired portion of the term. A member appointed to fill a vacancy for an unexpired term for a duration of 2 years or more may be reappointed for a maximum of one term and a member appointed to fill a vacancy for an unexpired term for a duration of less than 2 years may be reappointed for a maximum of 2 terms. The Secretary may remove any member for cause at any time prior to the expiration of his or her term.

The Board shall annually elect one of its members as chairperson and vice chairperson.

The members of the Board shall be reimbursed for all authorized legitimate and necessary expenses incurred in attending the meetings of the Board.

The Secretary shall give due consideration to all recommendations of the Board. In the event the Secretary disagrees with or takes action contrary to the recommendation of the Board, he or she shall provide the Board with a written and specific explanation of his or her actions.

The Board may approve any program or course that it believes should be credited towards the continuing education requirement for licensees under this Act.

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.

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

The Secretary may terminate the appointment of any member for cause which in the opinion of the Secretary reasonably justifies such termination.

(Source: P.A. 93-745, eff. 7-15-04; 94-870, eff. 6-16-06.)

(225 ILCS 15/10.5 new)

Sec. 10.5. Continuing education.

(a) A licensee shall complete at least 23 credit hours of continuing education for every 2-year period of licensure, except for his or her initial 2-year period of licensure. At least 3 of the 23 credit hours of continuing education must be on the topics of professional ethics and risk management. Continuing education hours may only apply to the 2-year period in which the hours were completed, except that the Department may allow a licensee whose license has lapsed due to the failure to meet the 23 credit hour requirement to apply continuing education hours that he or she completed after the lapse of his or her license to that previous 2-year period of licensure.

(b) The Department may request that the licensee submit to the Department a certificate of attendance as proof of completing any continuing education program or course that he or she has attended. The Department shall conduct a random audit of 10% of all licensees every 2 years for compliance with continuing education requirements and shall audit any licensee who is under investigation for alleged misconduct under the Act.

(c) Upon submitting a request to the Department, a licensee may receive a postponement or waiver of the continuing education requirement on the grounds of prolonged illness, disability, or extreme hardship. The Department shall consider each application individually on its merits, and the Department may grant a postponement, partial waiver, or total waiver as deemed appropriate. The license of any renewal applicant who, prior to the date of the license renewal, applies to the Department for a postponement or waiver of the continuing education requirement shall be deemed to be in good standing until the Department has reached a final decision on his or her request.

(d) Any renewal applicant who served as a full-time, active member of any branch of the United States armed forces or the Illinois National Guard for at least 6 months during the 2-year period immediately prior to his or her license renewal date shall be exempt from the continuing education requirement for that 2-year period.

(e) The Department may grant an exemption from the requirements of this Section to a licensee who certifies to the Department that he or she has permanently retired from the active practice of clinical psychology. A licensee who has been granted such an exemption may not return to the active practice of clinical psychology unless he or she submits evidence satisfactory to the Department of having completed at least 23 credit hours of continuing education for each 2-year period for which the licensee was retired.

(f) The Department shall allow credit for any continuing education program or course that is sponsored or co-sponsored by a presenter that:

(1) is approved by the Committee for the Approval of Continuing Education of the American Psychological Association;

(2) is approved by the Accreditation Council of Continuing Medical Education, if deemed relevant to the professional practice of clinical psychology;

(3) is approved by a clinical psychologist licensing board of another state in which the licensee is also licensed as a clinical psychologist; or

(4) is approved by the Department or the Clinical Psychologists Licensing and Disciplinary Board.

(g) The Department shall not grant more than 12 hours of credit in a 2-year period for any specific continuing education program or course.

(225 ILCS 15/13) (from Ch. 111, par. 5363)

(Section scheduled to be repealed on January 1, 2017)

Sec. 13. License renewal; restoration. The expiration date and renewal period for each license issued under this Act shall be set by rule. Every holder of a license under this Act may renew such license during the 90-day period immediately preceding the expiration date thereof upon payment of the required renewal fees.

A clinical psychologist who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by (i) making application to the Department, (ii) and filing proof acceptable to the Department of his or her fitness to have his or her license restored, which may include including evidence certifying to active practice in another jurisdiction satisfactory to the Departmentor proof of completing 23 credit hours of continuing education during the 2-year period prior to application, and (iii) by paying the required restoration fee.

If the clinical psychologist has not maintained an active practice in another jurisdiction satisfactory to the Department, the Board shall determine, by an evaluation program established by rule, his or her fitness to resume active status and may require the clinical psychologist to complete a period of supervised professional experience and may require successful completion of an examination.

However, any clinical psychologist whose license expired while he or she was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license renewed or restored without paying any lapsed renewal fees if within 2 years after honorable termination of such service, training, or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

Unless the Department grants a postponement or waiver of the continuing education requirement pursuant to Section 10.5 of this Act, a licensee who fails to meet the continuing education requirements by the expiration date shall immediately cease and desist from practice.

(Source: P.A. 94-870, eff. 6-16-06.)