SB3773 101ST GENERAL ASSEMBLY

LRB101 17291 SPS 66696 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3773

Introduced 2/14/2020, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

225 ILCS 15/7	from Ch. 111, par. 5357
225 ILCS 15/7.1 new

Amends the Clinical Psychologist Licensing Act. Creates the Prescribing Psychologist Licensing and Disciplinary Board to serve in an advisory capacity to the Secretary in matters relating to the licensure and discipline of prescribing psychologists. Removes provisions allowing the Clinical Psychologists Licensing and Disciplinary Board to make recommendations relating to the licensure and discipline of prescribing psychologists.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning 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 Section 7 and by adding Section 7.1 as follows:

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

(Section scheduled to be repealed on January 1, 2027)

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

The Board shall consist of 11 persons: 4 of whom are licensed clinical psychologists and actively engaged in the practice of clinical psychology; 2 of whom are licensed prescribing psychologists; 2 of whom are physicians licensed to practice medicine in all its branches in Illinois who generally prescribe medications for the treatment of mental health disease or illness in the normal course of clinical medical practice, one of whom shall be a psychiatrist and the other a primary care or family physician; 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, and, with respect to the 2 physician members of the Board, the Secretary shall give due consideration to recommendations by the Statewide professional associations or societies representing physicians licensed to practice medicine in all its branches in 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 2 initial appointees to the Board who are licensed prescribing psychologists may hold a medical or prescription license issued by another state so long as the license is deemed by the Secretary to be substantially equivalent to a prescribing psychologist license under this Act and so long as the appointees also maintain an Illinois clinical psychologist license. Such initial appointees shall serve on the Board until the Department adopts rules necessary to implement licensure under Section 4.2 of this Act.

The Board shall annually elect a 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.

The Board may 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.

The 2 licensed prescribing psychologist members of the Board and the 2 physician members of the Board shall only deliberate and make recommendations related to the licensure and discipline of prescribing psychologists. Four members shall constitute a quorum, except that all deliberations and recommendations related to the licensure and discipline of prescribing psychologists shall require a quorum of 6 members. A quorum is required for all Board decisions.

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. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)

(225 ILCS 15/7.1 new)

Sec. 7.1. Prescribing Psychologist Licensing and Disciplinary Board.

(a) The Secretary shall appoint a Prescribing Psychologist Licensing and Disciplinary Board that shall serve in an advisory capacity to the Secretary in matters relating to the licensure and discipline of prescribing psychologists.

(b) The Prescribing Psychologist Licensing and Disciplinary Board shall consist of the following individuals appointed by the Secretary:

(1) five individuals who are prescribing psychologists, at least 3 of whom specialize in the treatment of one of the following populations: (A)lesbian, gay, bisexual, and transgender individuals, (B) African American individuals, (C) Latino individuals, (D) low-income communities, (E) rural communities, or (F) physical or sexual assault victims;

(2) one individual who is a general practice physician;

(3) one individual who is a psychiatrist;

(4) one individual who is a public member working in community mental health or mental health advocacy; and

(5) one individual who is a prescribing psychologist training program professional.

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 5 initial appointees to the Prescribing Psychologist Licensing and Disciplinary Board who are licensed prescribing psychologists may be licensed clinical psychologists who have completed their masters in clinical psychopharmacology.

(c) The Prescribing Psychologist Licensing and Disciplinary Board shall annually elect a chairperson and vice chairperson.

(d) The members of the Prescribing Psychologist Licensing and Disciplinary Board shall be reimbursed for all authorized legitimate and necessary expenses incurred in attending the meetings of the Prescribing Psychologist Licensing and Disciplinary Board.

(e) The Secretary shall give due consideration to all recommendations of the Prescribing Psychologist Licensing and Disciplinary Board.

(f) The Prescribing Psychologist Licensing and Disciplinary Board may make recommendations on all matters related to the licensure and discipline of prescribing psychologists. Such recommendations shall not impose an undue burden on the Department or an unreasonable restriction on those seeking license renewal.

(g) Four members shall constitute a quorum. A quorum is required for all Prescribing Psychologist Licensing and Disciplinary Board decisions.

(h) Members of the Prescribing Psychologist Licensing and Disciplinary 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 Prescribing Psychologist Licensing and Disciplinary Board.

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