Full Text of HB0122 95th General Assembly
HB0122eng 95TH GENERAL ASSEMBLY
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HB0122 Engrossed |
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LRB095 03940 RAS 23973 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing | 5 |
| Section 4.18 and by adding Section 4.28 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008. The following | 8 |
| Acts
are repealed on January 1, 2008:
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| The Acupuncture Practice Act.
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| The Clinical Social Work and Social Work Practice Act.
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| The Home Medical Equipment and Services Provider License | 12 |
| Act.
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| The Nursing and Advanced Practice Nursing Act.
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| The Illinois Petroleum Education and Marketing Act.
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| The Illinois Speech-Language Pathology and Audiology | 16 |
| Practice Act.
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| The Marriage and Family Therapy Licensing Act.
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| The Nursing Home Administrators Licensing and Disciplinary | 19 |
| Act.
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| The Pharmacy Practice Act of 1987.
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| The Physician Assistant Practice Act of 1987.
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| The Podiatric Medical Practice Act of 1987.
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| The Structural Pest Control Act.
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LRB095 03940 RAS 23973 b |
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| (Source: P.A. 94-754, eff. 5-10-06.)
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| (5 ILCS 80/4.28 new) | 3 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 4 |
| Act is repealed on January 1, 2018: | 5 |
| The Marriage and Family Therapy Licensing Act. | 6 |
| Section 10. The Marriage and Family Therapy Licensing Act | 7 |
| is amended by changing Sections 10, 25, 30, 60, 65, 85, 90, 95, | 8 |
| 105, 110, 115, 120, 125, 130, and 145 and by adding Section 91 | 9 |
| as follows:
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| (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10. Definitions. As used in this Act:
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| "Advertise" means, but is not limited to, issuing or | 14 |
| causing to
be distributed any card, sign or device to any | 15 |
| person; or causing,
permitting or allowing any sign or marking | 16 |
| on or in any building,
structure, newspaper, magazine or | 17 |
| directory, or on radio or television; or
advertising by any | 18 |
| other means designed to secure public attention.
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| "Approved program" means an approved comprehensive program | 20 |
| of study in
marriage and family therapy in a regionally | 21 |
| accredited educational institution
approved by the Department | 22 |
| for the training
of marriage and family therapists.
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| "Associate licensed marriage and family therapist" means a |
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| person
to whom an associate marriage and family therapist | 2 |
| license has been issued
under this Act.
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| "Board" means the Illinois Marriage and Family Therapy | 4 |
| Licensing and
Disciplinary Board.
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| "Department" means the Department of Financial and
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| Professional Regulation.
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| "Director" means the Director of the Department of | 8 |
| Professional
Regulation.
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| "License" means that which is required to practice marriage | 10 |
| and family
therapy under this Act, the qualifications for which | 11 |
| include specific
education, acceptable experience and | 12 |
| examination requirements.
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| "Licensed marriage and family therapist" means a person
to | 14 |
| whom a
marriage and family therapist license has been issued | 15 |
| under this Act.
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| "Marriage and family therapy" means the evaluation and | 17 |
| treatment of
mental and emotional problems within the context | 18 |
| of human relationships.
Marriage and family therapy involves | 19 |
| the use of psychotherapeutic methods
to ameliorate | 20 |
| interpersonal and intrapersonal conflict and to modify
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| perceptions, beliefs and behavior in areas of human life that | 22 |
| include, but
are not limited to, premarriage, marriage, | 23 |
| sexuality, family, divorce
adjustment, and parenting.
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| "Person" means any individual, firm, corporation, | 25 |
| partnership,
organization, or body politic.
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| "Practice of marriage and family therapy" means the |
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| rendering of
marriage and family therapy services to | 2 |
| individuals, couples, and families
as defined in this Section, | 3 |
| either singly or in groups, whether the
services are offered | 4 |
| directly to the general public or through
organizations, either | 5 |
| public or private, for a fee, monetary or otherwise.
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| "Secretary" means the Secretary of Financial and | 7 |
| Professional Regulation.
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| "Title or description" means to hold oneself out as a | 9 |
| licensed marriage
and family therapist or an associate licensed | 10 |
| marriage and family therapist
to the public by means of stating | 11 |
| on signs,
mailboxes, address plates, stationery, | 12 |
| announcements, calling cards or
other instruments of | 13 |
| professional identification.
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| (Source: P.A. 91-362, eff. 1-1-00.)
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| (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 25. Marriage and Family Therapy Licensing and | 18 |
| Disciplinary Board.
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| (a) There is established within the Department the Marriage | 20 |
| and
Family Therapy Licensing and Disciplinary Board to be | 21 |
| appointed by the
Secretary
Director . The Board shall be | 22 |
| composed of 7 persons who shall serve in an
advisory capacity | 23 |
| to the Secretary
Director . The Board shall elect a chairperson | 24 |
| and a
vice chairperson.
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| (b) In appointing members of the Board, the Secretary
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| Director shall give due
consideration to recommendations by | 2 |
| members of the profession of marriage
and family therapy and by | 3 |
| the statewide organizations solely representing
the interests | 4 |
| of marriage and family therapists.
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| (c) Five members of the Board shall be marriage and family
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| therapists who have been in active practice for at least 5 | 7 |
| years immediately
preceding their appointment, or engaged in | 8 |
| the education and training of
masters, doctoral, or | 9 |
| post-doctoral students of marriage and family
therapy,
or | 10 |
| engaged in marriage and family therapy research. Each marriage | 11 |
| or
family therapy teacher or researcher shall have spent the | 12 |
| majority of the
time devoted to the study or research of | 13 |
| marriage and family therapy during
the 2 years immediately | 14 |
| preceding his or her appointment to the Board. The appointees | 15 |
| shall be licensed under this Act.
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| (d) Two members shall be representatives of the general | 17 |
| public who have no
direct affiliation or work experience with | 18 |
| the practice of marriage and
family therapy and who clearly | 19 |
| represent consumer interests.
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| (e) Board members shall
be appointed for terms of 4 years | 21 |
| each, except that any person chosen to
fill a vacancy shall be | 22 |
| appointed only for the unexpired term of the Board
member whom | 23 |
| he or she shall succeed. Upon the expiration of this term of
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| office, a Board member shall continue to serve until a | 25 |
| successor is
appointed and qualified. No member shall be | 26 |
| reappointed to the Board for
a term that would cause continuous |
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| service on the Board to be longer than 8
years.
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| (f) The membership of the Board shall reasonably reflect | 3 |
| representation
from the various geographic areas of the State.
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| (g) Members of the Board shall be immune from suit in any | 5 |
| action based
upon any disciplinary proceedings or other | 6 |
| activities performed in good
faith as members of the Board.
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| (h) The Secretary
Director may remove any member of the | 8 |
| Board for any cause that,
in the opinion of the Secretary
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| Director , reasonably justifies termination.
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| (i) The Secretary
Director may consider the | 11 |
| recommendations of the
Board on questions of standards of | 12 |
| professional conduct, discipline, and
qualification of | 13 |
| candidates or licensees under this Act.
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| (j) The members of the Board shall be reimbursed for all | 15 |
| legitimate,
necessary, and authorized expenses.
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| (k) A majority of the Board members currently appointed | 17 |
| shall constitute a
quorum. A vacancy in the membership of the | 18 |
| Board shall not impair the right of
a quorum to exercise all | 19 |
| the rights and perform all the duties of the Board.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 30. Application.
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| (a) Applications for original licensure shall be made to | 25 |
| the Department
in writing on forms prescribed by the Department |
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| and shall be accompanied
by the appropriate documentation and | 2 |
| the required fee, which fee is
nonrefundable. Any application | 3 |
| shall require such information as, in the
judgment of the | 4 |
| Department, will enable the Department to pass on the
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| qualifications of the applicant for licensing.
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| (b) Applicants have 3 years from the date of application to | 7 |
| complete the
application process. If the application has not | 8 |
| been completed within 3 years,
the application shall be denied, | 9 |
| the fee shall be forfeited, and the applicant
must reapply and | 10 |
| meet the requirements in effect at the time of reapplication.
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| (c) A license shall not be denied to an applicant because | 12 |
| of the applicant's
race, religion, creed, national origin, | 13 |
| political beliefs or activities, age,
sex, sexual orientation, | 14 |
| or physical disability that does not affect a person's ability | 15 |
| to practice with reasonable judgment, skill, or safety
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| impairment .
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 60. Payments; penalty for insufficient funds. Any | 21 |
| person who delivers a
check or other payment to the Department | 22 |
| that is returned to the Department
unpaid by the financial | 23 |
| institution upon which it is drawn shall pay to the
Department, | 24 |
| in addition to the amount already owed to the Department, a | 25 |
| fine of
$50. The fines imposed
by
this Section are in addition |
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| to any other discipline provided under this Act
prohibiting | 2 |
| unlicensed practice or practice on a nonrenewed license. The
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| Department shall notify the person that payment of fees and | 4 |
| fines shall be paid
to the Department by certified check or | 5 |
| money order within 30 calendar days
after notification. If, | 6 |
| after the expiration of 30 days from the date of the
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| notification, the person has failed to submit the necessary | 8 |
| remittance, the
Department shall automatically terminate the | 9 |
| license or deny
the
application, without hearing. If, after | 10 |
| termination or denial, the person seeks
a license, he or she | 11 |
| shall apply to the Department for
restoration or issuance of | 12 |
| the license and pay all fees and
fines due to the Department. | 13 |
| The Department may establish a fee for the
processing of an | 14 |
| application for restoration of a license to
pay
all expenses of | 15 |
| processing this application. The Secretary
Director may waive | 16 |
| the fines
due under this Section in individual cases where the | 17 |
| Secretary
Director finds that the
fines would be unreasonable | 18 |
| or unnecessarily burdensome.
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| (Source: P.A. 92-146, eff. 1-1-02.)
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| (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 65. Endorsement. The Department may issue a license as | 23 |
| a
licensed marriage and family therapist, without the required | 24 |
| examination,
to an applicant licensed under the laws of another | 25 |
| state if the
requirements for licensure in that state are, on |
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| the date of licensure,
substantially equal to the requirements | 2 |
| of this Act or to a person who, at
the time of his or her | 3 |
| application for licensure, possessed individual
qualifications | 4 |
| that were
substantially equivalent to the requirements then in | 5 |
| force in this State. An
applicant under
this Section shall pay | 6 |
| all of the required fees.
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| Applicants have 3 years from the date of application to | 8 |
| complete the
application process. If the process has not been | 9 |
| completed within the 3
years, the application shall be denied, | 10 |
| the fee shall be forfeited, and the
applicant
must reapply and | 11 |
| meet the requirements in effect at the time of
reapplication.
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| (Source: P.A. 90-61, eff. 12-30-97.)
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| (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 85. Refusal, revocation, or suspension.
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| (a) The Department may refuse to issue or renew, or may | 17 |
| revoke a
license, or may suspend, place on probation, fine, or | 18 |
| take any
disciplinary or non-disciplinary action as the | 19 |
| Department may deem proper, including fines not
to exceed | 20 |
| $10,000
$1000 for each violation, with regard to any licensee | 21 |
| for any one or
combination of the following causes:
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| (1) Material misstatement in furnishing information to | 23 |
| the Department.
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| (2) Violations of this Act or its rules.
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| (3) Conviction of or entry of a plea of guilty or nolo |
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| contendere to any crime that is a felony under the laws of | 2 |
| the United States or any
state or territory thereof or
that | 3 |
| is (i) a felony, (ii) a misdemeanor, an
essential element | 4 |
| of which is dishonesty, or (iii) a crime that
is
related to | 5 |
| the practice of the profession.
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| (4) Making any misrepresentation for the purpose of | 7 |
| obtaining a license
or violating any provision of this Act | 8 |
| or its rules.
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| (5) Professional incompetence or gross negligence .
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| (6) Gross negligence
Malpractice .
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| (7) Aiding or assisting another person in violating any | 12 |
| provision of
this Act or its rules.
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| (8) Failing, within 30
60 days, to provide information | 14 |
| in response to a
written request made by the Department.
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| (9) Engaging in dishonorable, unethical, or | 16 |
| unprofessional conduct of
a
character likely to deceive, | 17 |
| defraud or harm the public as defined by the
rules of the | 18 |
| Department, or violating the rules of professional conduct
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| adopted by the Board and published by the Department.
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| (10) Habitual or excessive use or addiction to alcohol, | 21 |
| narcotics,
stimulants, or any other chemical agent or drug | 22 |
| that results in the inability
to practice with reasonable | 23 |
| judgment, skill, or safety.
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| (11) Discipline by another state, territory, or | 25 |
| country if at least one
of the grounds for the discipline | 26 |
| is the same or substantially equivalent
to those set forth |
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| in this Act.
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| (12) Directly or indirectly giving to or receiving from | 3 |
| any person, firm,
corporation, partnership or association | 4 |
| any fee, commission, rebate, or
other form of compensation | 5 |
| for any professional services not actually or
personally | 6 |
| rendered.
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| (13) A finding by the Department that the licensee, | 8 |
| after
having his or her license placed on probationary | 9 |
| status, has violated the
terms of probation.
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| (14) Abandonment of a patient without cause.
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| (15) Willfully making or filing false records or | 12 |
| reports relating to a
licensee's practice, including but | 13 |
| not limited to false records filed with
State agencies or | 14 |
| departments.
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| (16) Wilfully failing to report an instance of | 16 |
| suspected child abuse
or neglect as required by the Abused | 17 |
| and Neglected Child Reporting Act.
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| (17) Being named as a perpetrator in an indicated | 19 |
| report by the
Department of Children and Family Services | 20 |
| under the Abused and Neglected
Child Reporting Act and upon | 21 |
| proof by clear and convincing evidence that
the licensee | 22 |
| has caused a child to be an abused child or neglected child | 23 |
| as
defined in the Abused and Neglected Child Reporting Act.
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| (18) Physical illness or mental illness or impairment
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| disability , including , but not limited to, deterioration | 26 |
| through
the aging process , or loss of motor skill
abilities |
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| and skills that results
in the
inability to practice the | 2 |
| profession with reasonable judgment, skill, or
safety.
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| (19) Solicitation of professional services by using | 4 |
| false or misleading
advertising.
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| (20) A finding that licensure has been applied for or | 6 |
| obtained by
fraudulent means.
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| (21) Practicing or attempting to practice under a name | 8 |
| other than the
full name as shown on the license or any | 9 |
| other legally authorized name.
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| (22) Gross overcharging for professional services | 11 |
| including filing
statements for collection of fees or | 12 |
| moneys for which services
are not
rendered.
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| (b) The Department shall deny any application for a | 14 |
| license , without
hearing, or renewal , without
hearing, under | 15 |
| this Act to any person who has defaulted on an
educational loan | 16 |
| guaranteed by the Illinois Student Assistance Commission;
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| however, the Department may issue a license or renewal if the | 18 |
| person in default
has established a satisfactory repayment | 19 |
| record as determined by the Illinois
Student Assistance | 20 |
| Commission.
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| (c) The determination by a circuit court that a licensee is | 22 |
| subject to
involuntary admission or judicial admission, as | 23 |
| provided in the Mental
Health and Developmental Disabilities | 24 |
| Code, operates as an automatic
suspension. The suspension will | 25 |
| terminate only upon a finding by a court
that the patient is no | 26 |
| longer subject to involuntary admission or judicial
admission |
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| and the issuance of an order so finding and discharging the
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| patient, and upon the recommendation of the Board to the | 3 |
| Secretary
Director that the
licensee be allowed to resume his | 4 |
| or her practice as a licensed marriage
and family therapist or | 5 |
| an associate marriage and family therapist.
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| (d) The Department may refuse to issue or may suspend the | 7 |
| license of any
person who fails to file a return, pay the tax, | 8 |
| penalty, or interest shown
in a filed return or pay any final | 9 |
| assessment of tax, penalty, or interest,
as required by any tax | 10 |
| Act administered by the Illinois Department of
Revenue, until | 11 |
| the time the requirements of the tax Act are satisfied.
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| (e) In enforcing this Section, the Department or Board upon | 13 |
| a showing of a
possible
violation may compel an individual | 14 |
| licensed to practice under this Act, or
who has applied for | 15 |
| licensure under this Act, to submit
to a mental or physical | 16 |
| examination, or both, as required by and at the expense
of the | 17 |
| Department. The Department or Board may order the examining | 18 |
| physician to
present
testimony concerning the mental or | 19 |
| physical examination of the licensee or
applicant. No | 20 |
| information shall be excluded by reason of any common law or
| 21 |
| statutory privilege relating to communications between the | 22 |
| licensee or
applicant and the examining physician. The | 23 |
| examining
physicians
shall be specifically designated by the | 24 |
| Board or Department.
The individual to be examined may have, at | 25 |
| his or her own expense, another
physician of his or her choice | 26 |
| present during all
aspects of this examination. Failure of an |
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| individual to submit to a mental
or
physical examination, when | 2 |
| directed, shall be grounds for suspension of his or
her
license | 3 |
| until the individual submits to the examination if the | 4 |
| Department
finds,
after notice and hearing, that the refusal to | 5 |
| submit to the examination was
without reasonable cause.
| 6 |
| If the Department or Board finds an individual unable to | 7 |
| practice because of
the
reasons
set forth in this Section, the | 8 |
| Department or Board may require that individual
to submit
to
| 9 |
| care, counseling, or treatment by physicians approved
or | 10 |
| designated by the Department or Board, as a condition, term, or | 11 |
| restriction
for continued,
reinstated, or
renewed licensure to | 12 |
| practice; or, in lieu of care, counseling, or treatment,
the | 13 |
| Department may file, or
the Board may recommend to the | 14 |
| Department to file, a complaint to immediately
suspend, revoke, | 15 |
| or otherwise discipline the license of the individual.
An | 16 |
| individual whose
license was granted, continued, reinstated, | 17 |
| renewed, disciplined or supervised
subject to such terms, | 18 |
| conditions, or restrictions, and who fails to comply
with
such | 19 |
| terms, conditions, or restrictions, shall be referred to the | 20 |
| Secretary
Director for
a
determination as to whether the | 21 |
| individual shall have his or her license
suspended immediately, | 22 |
| pending a hearing by the Department.
| 23 |
| In instances in which the Secretary
Director immediately | 24 |
| suspends a person's license
under this Section, a hearing on | 25 |
| that person's license must be convened by
the Department within | 26 |
| 30
15 days after the suspension and completed without
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| appreciable
delay.
The Department and Board shall have the | 2 |
| authority to review the subject
individual's record of
| 3 |
| treatment and counseling regarding the impairment to the extent | 4 |
| permitted by
applicable federal statutes and regulations | 5 |
| safeguarding the confidentiality of
medical records.
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| An individual licensed under this Act and affected under | 7 |
| this Section shall
be
afforded an opportunity to demonstrate to | 8 |
| the Department or Board that he or
she can resume
practice in | 9 |
| compliance with acceptable and prevailing standards under the
| 10 |
| provisions of his or her license.
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| (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
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| (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
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| (Section scheduled to be repealed on January 1, 2008)
| 14 |
| Sec. 90. Violations; injunctions; cease and desist order.
| 15 |
| (a) If any person violates a provision of this Act, the | 16 |
| Secretary
Director may, in
the name of the People of the State | 17 |
| of Illinois, through the Attorney
General of the State of | 18 |
| Illinois, petition for an order enjoining the
violation or for | 19 |
| an order enforcing compliance with this Act. Upon the
filing of | 20 |
| a verified petition in court, the court may issue a temporary
| 21 |
| restraining order, without notice or bond, and may | 22 |
| preliminarily and
permanently enjoin the violation. If it is | 23 |
| established that the person has
violated or is violating the | 24 |
| injunction, the Court may punish the offender
for contempt of | 25 |
| court. Proceedings under this Section are in addition to,
and |
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| not in lieu of, all other remedies and penalties provided by | 2 |
| this Act.
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| (b) If any person practices as a marriage and family | 4 |
| therapist or an
associate marriage and family therapist or
| 5 |
| holds himself or herself out as such without having a valid | 6 |
| license
under this Act, then any licensee, any interested party | 7 |
| or any person
injured thereby may, in addition to the Secretary
| 8 |
| Director , petition for relief as
provided in subsection (a) of | 9 |
| this Section.
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| (c) Whenever in the opinion of the Department any person | 11 |
| violates any
provision of this Act, the Department may issue a | 12 |
| rule to show cause why an
order to cease and desist should not | 13 |
| be entered against him or her. The
rule shall clearly set forth | 14 |
| the grounds relied upon by the Department and
shall provide a | 15 |
| period of 7 days from the date of the rule to file an
answer to | 16 |
| the satisfaction of the Department. Failure to answer to the
| 17 |
| satisfaction of the Department shall cause an order to cease | 18 |
| and desist to
be issued immediately.
| 19 |
| (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
| 20 |
| (225 ILCS 55/91 new) | 21 |
| Sec. 91. Unlicensed practice; civil penalty.
| 22 |
| (a) Any person who practices, offers to practice, attempts | 23 |
| to practice, or holds himself or herself out to practice as a | 24 |
| licensed marriage and family therapist without being licensed | 25 |
| under this Act shall, in addition to any other penalty provided |
|
|
|
HB0122 Engrossed |
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LRB095 03940 RAS 23973 b |
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| 1 |
| by law, pay a civil penalty to the Department in an amount not | 2 |
| to exceed $10,000 for each offense, as determined by the | 3 |
| Department. The civil penalty shall be assessed by the | 4 |
| Department after a hearing is held in accordance with the | 5 |
| provisions set forth in this Act regarding the provision of a | 6 |
| hearing for the discipline of a licensee. | 7 |
| (b) The Department may investigate any and all unlicensed | 8 |
| activity. | 9 |
| (c) The civil penalty shall be paid within 60 days after | 10 |
| the effective date of the order imposing the civil penalty. The | 11 |
| order shall constitute a judgment and may be filed and | 12 |
| execution had thereon in the same manner as any judgment from | 13 |
| any court of record.
| 14 |
| (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
| 15 |
| (Section scheduled to be repealed on January 1, 2008)
| 16 |
| Sec. 95. Investigation; notice and hearing. The Department | 17 |
| may investigate
the actions or qualifications of any person or | 18 |
| persons holding or claiming to
hold a license. Before | 19 |
| suspending, revoking, placing on probationary status,
or | 20 |
| taking any other disciplinary action as the Department may deem | 21 |
| proper with
regard to any license, at least 30 days before the | 22 |
| date set for the hearing,
the Department shall (i)
notify the | 23 |
| accused in writing of any charges made and the time and place | 24 |
| for a
hearing on the charges before the Board, (ii) direct him | 25 |
| or her to file a
written answer to the charges with the Board |
|
|
|
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LRB095 03940 RAS 23973 b |
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| 1 |
| under oath within 20 days after
the service on him or her of | 2 |
| such notice, and (iii) inform him or her that if
he or she | 3 |
| fails to file an answer, default will be taken against him or | 4 |
| her and
his or her license may be suspended, revoked, placed on | 5 |
| probationary status, or
other disciplinary action taken with | 6 |
| regard to the license, including limiting
the scope, nature, or | 7 |
| extent
of his or her practice, as the Department may deem | 8 |
| proper. In case the person,
after receiving notice, fails to | 9 |
| file an answer, his or her license may, in the
discretion of | 10 |
| the Department, be suspended, revoked,
placed on probationary | 11 |
| status, or the Department may take whatever disciplinary
action | 12 |
| deemed proper, including limiting the scope, nature, or extent | 13 |
| of the
person's practice or the imposition of a fine, without a | 14 |
| hearing, if the act or
acts charged constitute sufficient | 15 |
| grounds for such action under this Act.
This written
notice and | 16 |
| any notice in the subsequent proceedings may be served by | 17 |
| personal
delivery to the accused person, or by registered or | 18 |
| certified mail to the
address last specified by the accused in | 19 |
| his last notification to the
Department. In case the person | 20 |
| fails to file an answer after receiving notice,
his or her | 21 |
| license may, in the discretion of the Department,
be
suspended, | 22 |
| revoked, or placed on probationary status, or the Department | 23 |
| may
take whatever disciplinary action deemed proper, including | 24 |
| limiting the
scope, nature, or extent of the person's practice | 25 |
| or the imposition of a
fine, without a hearing, if the act or | 26 |
| acts charged constitute sufficient
grounds for such action |
|
|
|
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| 1 |
| under this Act. The written answer shall be served by
personal | 2 |
| delivery, certified delivery, or certified or registered mail | 3 |
| to
the Department. At the time and place fixed in the notice, | 4 |
| the Department
shall proceed to hear the charges and the | 5 |
| parties or their counsel shall be
accorded ample opportunity to | 6 |
| present such statements, testimony, evidence,
and argument as | 7 |
| may be pertinent to the charges or to the defense thereto. The
| 8 |
| Department may continue such hearing from time to time. At the | 9 |
| discretion of
the Secretary
Director after having first | 10 |
| received the recommendation of the Board, the
accused person's | 11 |
| license may be suspended
or revoked, if
the evidence | 12 |
| constitutes sufficient grounds for such action under this Act.
| 13 |
| (Source: P.A. 90-61, eff. 12-30-97; 90-655, eff. 7-30-98.)
| 14 |
| (225 ILCS 55/105) (from Ch. 111, par. 8351-105)
| 15 |
| (Section scheduled to be repealed on January 1, 2008)
| 16 |
| Sec. 105. Subpoenas; oaths; attendance of witnesses. The | 17 |
| Department has the power to subpoena and to bring before it
any | 18 |
| person and to take testimony either orally or by deposition, or | 19 |
| both,
with the same fees and mileage and in the same manner as | 20 |
| prescribed in
civil cases in the courts of this State.
| 21 |
| The Secretary
Director , the designated hearing officer, | 22 |
| and every member of the
Board has power to administer oaths to | 23 |
| witnesses at any hearing that
the Department is authorized to | 24 |
| conduct and any other oaths authorized in
any Act administered | 25 |
| by the Department. Any circuit court may, upon application
of |
|
|
|
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|
| 1 |
| the Department or its designee, or of the applicant or licensee | 2 |
| against whom
proceedings under this Act are pending, enter an | 3 |
| order requiring the attendance
of witnesses and their | 4 |
| testimony, and the production of documents, papers,
files, | 5 |
| books and records in connection with any hearing or | 6 |
| investigation. The
court may compel obedience to its order by | 7 |
| proceedings for contempt.
| 8 |
| (Source: P.A. 87-783; 87-1237.)
| 9 |
| (225 ILCS 55/110) (from Ch. 111, par. 8351-110)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 110. Recommendations for disciplinary action. At the
| 12 |
| conclusion of the hearing, the Board shall present to the | 13 |
| Secretary
Director a
written report of its findings and | 14 |
| recommendations. The report shall contain
a finding whether or | 15 |
| not the accused person violated this Act or failed
to comply | 16 |
| with the conditions required in this Act. The Board shall
| 17 |
| specify the nature of the violation or failure to comply, and | 18 |
| shall make
its recommendations to the Secretary
Director .
| 19 |
| The report of findings and recommendations of the Board | 20 |
| shall be the
basis for the Department's order for refusal or | 21 |
| for the granting of a
license, or for any disciplinary action, | 22 |
| unless the Secretary
Director shall
determine that the Board's | 23 |
| report is contrary to the manifest weight of the
evidence, in | 24 |
| which case the Secretary
Director may issue an order in | 25 |
| contravention of
the Board's report. The finding is not |
|
|
|
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LRB095 03940 RAS 23973 b |
|
| 1 |
| admissible in evidence against the
person in a criminal | 2 |
| prosecution brought for the violation of this Act, but
the | 3 |
| hearing and finding are not a bar to a criminal prosecution | 4 |
| brought for
the violation of this Act.
| 5 |
| (Source: P.A. 87-783.)
| 6 |
| (225 ILCS 55/115) (from Ch. 111, par. 8351-115)
| 7 |
| (Section scheduled to be repealed on January 1, 2008)
| 8 |
| Sec. 115. Rehearing. In any hearing involving disciplinary | 9 |
| action
against a licensee, a copy of the Board's report shall | 10 |
| be
served upon the respondent by the Department, either | 11 |
| personally or as provided
in this Act for the service of the | 12 |
| notice of hearing. Within 20 calendar days
after service, the | 13 |
| respondent may present to the Department a motion in writing
| 14 |
| for a rehearing that shall specify the particular grounds for | 15 |
| rehearing. If no
motion for rehearing is filed, then upon the | 16 |
| expiration of the time specified
for filing a motion, or if a | 17 |
| motion for rehearing is denied, then upon denial,
the Secretary
| 18 |
| Director may enter an order in accordance with recommendations | 19 |
| of the
Board, except as provided in this Act. If the respondent | 20 |
| orders from the
reporting service, and pays for, a transcript | 21 |
| of the record within the time for
filing a motion for | 22 |
| rehearing, the 20 calendar day period within which a motion
may | 23 |
| be filed shall commence upon the delivery of the transcript to | 24 |
| the
respondent.
| 25 |
| (Source: P.A. 87-783; 87-1237; 88-45.)
|
|
|
|
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LRB095 03940 RAS 23973 b |
|
| 1 |
| (225 ILCS 55/120) (from Ch. 111, par. 8351-120)
| 2 |
| (Section scheduled to be repealed on January 1, 2008)
| 3 |
| Sec. 120. Hearing by other hearing officer
examiner . | 4 |
| Whenever the Secretary
Director is not
satisfied that | 5 |
| substantial justice has been done in the revocation,
suspension | 6 |
| or refusal to issue or renew a license, the Secretary
Director
| 7 |
| may
order a rehearing by the same or other hearing officer
| 8 |
| examiners .
| 9 |
| (Source: P.A. 87-783.)
| 10 |
| (225 ILCS 55/125) (from Ch. 111, par. 8351-125)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 125. Appointment of a hearing officer. The Secretary
| 13 |
| Director has the
authority to appoint any attorney duly | 14 |
| licensed to practice law in the
State of Illinois to serve as | 15 |
| the hearing officer in any action for refusal
to issue or renew | 16 |
| a license, or to discipline a licensee. The hearing
officer has | 17 |
| full authority to conduct the hearing. The hearing officer
| 18 |
| shall report his findings and recommendations to the Board and | 19 |
| the
Secretary
Director . The Board
has 60 calendar days from | 20 |
| receipt of the report to
review the report of the hearing | 21 |
| officer and present its findings of fact,
conclusions of law | 22 |
| and recommendations to the Secretary
Director . If the Board | 23 |
| fails
to present its report within the 60 calendar day period, | 24 |
| the respondent may request in writing a direct appeal to the |
|
|
|
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|
| 1 |
| Secretary, in which case the Secretary shall, within 7 calendar | 2 |
| days after the request, issue an order directing the Board to | 3 |
| issue its findings of fact, conclusions of law, and | 4 |
| recommendations to the Secretary within 30 calendar days after | 5 |
| such order. If the Board fails to issue its findings of fact, | 6 |
| conclusions of law, and recommendations within that time frame | 7 |
| to the Secretary after the entry of such order, the Secretary | 8 |
| shall, within 30 calendar days thereafter, issue an order based | 9 |
| upon the report of the hearing officer and the record of the | 10 |
| proceedings or issue an order remanding the matter back to the | 11 |
| hearing officer for additional proceedings in accordance with | 12 |
| the order. If (i) a direct appeal is requested, (ii) the Board | 13 |
| fails to issue its findings of fact, conclusions of law, and | 14 |
| recommendations within the 30-day mandate from the Secretary or | 15 |
| the Secretary fails to order the Board to do so, and (iii) the | 16 |
| Secretary fails to issue an order within 30 calendar days | 17 |
| thereafter, then the hearing officer's report is deemed | 18 |
| accepted and a final decision of the Secretary. Notwithstanding | 19 |
| any other provision of this Section, if the Secretary, upon | 20 |
| review, determines that substantial justice has not been done | 21 |
| in the revocation, suspension, or refusal to issue or renew a | 22 |
| license or other disciplinary action taken as the result of the | 23 |
| entry of the hearing officer's report, the Secretary may order | 24 |
| a rehearing by the same or other examiners
the
Director may
| 25 |
| issue an order based on the report of the hearing officer .
If | 26 |
| the Secretary
Director disagrees with the recommendation of the |
|
|
|
HB0122 Engrossed |
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LRB095 03940 RAS 23973 b |
|
| 1 |
| Board or the
hearing officer, the Secretary
Director may issue | 2 |
| an order in contravention of the
recommendation.
| 3 |
| (Source: P.A. 87-783; 87-1237.)
| 4 |
| (225 ILCS 55/130) (from Ch. 111, par. 8351-130)
| 5 |
| (Section scheduled to be repealed on January 1, 2008)
| 6 |
| Sec. 130. Order; certified copy. An order or a certified | 7 |
| copy thereof,
over the seal of the Department and purporting to | 8 |
| be signed by the
Secretary
Director , shall be prima facie | 9 |
| proof:
| 10 |
| (a) that the signature is the genuine signature of the | 11 |
| Secretary
Director ;
| 12 |
| (b) that the Secretary
Director is duly appointed and | 13 |
| qualified; and
| 14 |
| (c) that the Board and its members are qualified to act.
| 15 |
| (Source: P.A. 87-783.)
| 16 |
| (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
| 17 |
| (Section scheduled to be repealed on January 1, 2008)
| 18 |
| Sec. 145. Summary suspension. The Secretary
Director may | 19 |
| summarily suspend the
license of a marriage and family | 20 |
| therapist or an associate marriage and
family therapist without | 21 |
| a hearing, simultaneously
with the institution of proceedings | 22 |
| for a hearing provided for in this Act, if
the Secretary
| 23 |
| Director finds that evidence in his or her possession indicates | 24 |
| that a
marriage and family therapist's or associate marriage |
|
|
|
HB0122 Engrossed |
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LRB095 03940 RAS 23973 b |
|
| 1 |
| and family
therapist's continuation in practice would | 2 |
| constitute an
imminent danger to the public. In the event that | 3 |
| the Secretary
Director summarily
suspends the license of a | 4 |
| marriage and family therapist or an associate
marriage and | 5 |
| family therapist without a hearing, a
hearing by the Board must | 6 |
| be held within 30 calendar days after the suspension
has | 7 |
| occurred.
| 8 |
| (Source: P.A. 91-362, eff. 1-1-00.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|