Full Text of HB0129 95th General Assembly
HB0129ham001 95TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 3/8/2007
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| AMENDMENT TO HOUSE BILL 129
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| AMENDMENT NO. ______. Amend House Bill 129 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Regulatory Sunset Act is amended by | 5 |
| changing 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 Acts repealed January 1, 2008 and December 31, | 8 |
| 2008.
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| (a) The following 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are repealed on January 1, 2008: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 | 13 |
| License Act.
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| The Nursing and Advanced Practice Nursing 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 | 3 |
| Disciplinary 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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| (b) The following Acts are repealed on December 31, 2008: | 9 |
| The Medical Practice Act of 1987. | 10 |
| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | 12 |
| 94-1085, eff. 1-19-07; revised 1-22-07.)
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| (5 ILCS 80/4.28 new) | 14 |
| Sec. 4.28. Act repealed on January 1, 2018. The following | 15 |
| Act is repealed on January 1, 2018: | 16 |
| The Clinical Social Work and Social Work Practice Act.
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| Section 10. The Clinical Social Work and Social Work | 18 |
| Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5, | 19 |
| 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and | 20 |
| by adding Section 7.3 as follows:
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| (225 ILCS 20/3) (from Ch. 111, par. 6353)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3. Definitions: The following words and phrases shall |
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| have the
meanings ascribed to them in this Section unless the | 2 |
| context clearly
indicates otherwise:
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| 1. "Department" means the Department of Financial and
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| Professional Regulation.
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| 2. " Secretary
Director " means the Secretary
Director of | 6 |
| Financial and
the Department of Professional
Regulation.
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| 3. "Board" means the Social Work Examining and Disciplinary | 8 |
| Board.
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| 4. "Licensed Clinical Social Worker" means a person who | 10 |
| holds a license
authorizing the independent practice of | 11 |
| clinical social work in Illinois
under the auspices of an | 12 |
| employer or in private practice.
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| 5. "Clinical social work practice" means the providing of | 14 |
| mental health
services for the evaluation, treatment, and | 15 |
| prevention of mental and
emotional disorders in individuals, | 16 |
| families and groups based on knowledge
and theory of | 17 |
| psychosocial development, behavior, psychopathology,
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| unconscious motivation, interpersonal relationships, and | 19 |
| environmental stress.
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| 6. "Treatment procedures" means among other things, | 21 |
| individual,
marital, family and group psychotherapy.
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| 7. "Independent practice of clinical social work" means the | 23 |
| application
of clinical social work knowledge and skills by a | 24 |
| licensed clinical social
worker who regulates and is | 25 |
| responsible for her or his own practice or
treatment | 26 |
| procedures.
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| 8. "License" means that which is required to practice | 2 |
| clinical social
work or social work under this Act, the | 3 |
| qualifications for which include specific
education, | 4 |
| acceptable experience and examination requirements.
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| 9. "Licensed social worker" means a person who holds a | 6 |
| license authorizing
the practice of social work, which includes | 7 |
| social services to individuals,
groups or communities in any | 8 |
| one
or more of the fields of social casework, social group | 9 |
| work, community
organization for social welfare, social work | 10 |
| research, social welfare
administration or social work | 11 |
| education. Social casework and social group
work may also | 12 |
| include clinical social work, as long as it is not conducted
in | 13 |
| an independent practice, as defined in this Section. | 14 |
| 10. "Address of record" means the address recorded by the | 15 |
| Department in the applicant's or licensee's application file or | 16 |
| license file, as maintained by the Department's licensure | 17 |
| maintenance unit.
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| (Source: P.A. 85-1440.)
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| (225 ILCS 20/5) (from Ch. 111, par. 6355)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5. Powers and duties of the Department.
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| 1. The Department shall exercise the powers and duties as | 23 |
| set
forth in this Act.
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| 2. The Secretary
Director shall promulgate rules | 25 |
| consistent with the provisions of
this Act for the |
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| administration and enforcement thereof, and shall
prescribe | 2 |
| forms which shall be issued in connection therewith.
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| 3. In addition, the Department shall:
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| (a) Establish rules for determining approved undergraduate
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| and graduate social work degree
programs and prepare and | 6 |
| maintain a list of colleges and universities
offering such | 7 |
| approved programs whose graduates, if they otherwise meet the
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| requirements of this Act, are eligible to apply for a license.
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| (b) Promulgate rules, as may be necessary, for the | 10 |
| administration of
this Act and to carry out the purposes | 11 |
| thereof and to adopt the methods of
examination of candidates | 12 |
| and to provide for the issuance of licenses
authorizing the | 13 |
| independent practice of clinical social work or the
practice of | 14 |
| social work.
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| (c) Authorize examinations to ascertain the qualifications | 16 |
| and fitness
of candidates for a license to engage in the | 17 |
| independent practice of
clinical social work and in the | 18 |
| practice of social work, and to
determine the qualifications of | 19 |
| applicants from
other jurisdictions to practice in Illinois.
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| (d) Maintain rosters of the names and addresses of all | 21 |
| licensees, and
all persons whose licenses have been suspended, | 22 |
| revoked or denied renewal
for cause within the previous | 23 |
| calendar year. These rosters shall be
available upon written | 24 |
| request and payment of the required fee.
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| (Source: P.A. 85-1131.)
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| (225 ILCS 20/6) (from Ch. 111, par. 6356)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 6. Social Work Examining and Disciplinary Board.
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| (1) The Secretary may
Director shall appoint a Social Work | 5 |
| Examining and
Disciplinary Board consisting of 9 persons who | 6 |
| shall serve in an
advisory capacity to the Secretary
Director . | 7 |
| The Board shall be composed of 5
licensed clinical social | 8 |
| workers, one of whom shall be a certified school
social worker, | 9 |
| one of whom shall be employed in the private not-for-profit
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| sector and one of whom shall serve as the chairperson, two | 11 |
| licensed social
workers, and 2 members of the public who are | 12 |
| not regulated under this Act
or a similar Act and who clearly | 13 |
| represent consumer interests.
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| (2) Members shall serve for a term of 4 years and until | 15 |
| their
successors are appointed and qualified. No member shall | 16 |
| be
reappointed if such reappointment would cause that person's | 17 |
| service on the
Board to be longer than 8 successive years. | 18 |
| Appointments to fill vacancies
for the unexpired portion of a | 19 |
| vacated term shall be made in the same
manner as original | 20 |
| appointments.
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| (3) The membership of the Board should reasonably reflect
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| representation from different geographic areas of Illinois.
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| (4) The Secretary
Director may terminate the appointment of | 24 |
| any member for
cause.
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| (5) The Secretary
Director shall consider the | 26 |
| recommendation of the Board
on all matters and questions |
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| relating to this Act.
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| (6) The Board is charged with the duties and | 3 |
| responsibilities of
recommending to the Secretary
Director the | 4 |
| adoption of all policies, procedures and
rules which may be | 5 |
| required or deemed advisable in order to perform the
duties and | 6 |
| functions conferred on the Board, the Secretary
Director and | 7 |
| the
Department to carry out the provisions of this Act.
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| (7) The Board may
shall make recommendations on all matters | 9 |
| relating to
continuing education including the number of hours | 10 |
| necessary for license
renewal, waivers for those unable to meet | 11 |
| such requirements and acceptable
course content. Such | 12 |
| recommendations shall not impose an undue burden on
the | 13 |
| Department or an unreasonable restriction on those seeking | 14 |
| license renewal.
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| (8) The Board shall annually elect one of its members as | 16 |
| chairperson and
one as vice chairperson.
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| (9) Members of the Board shall be reimbursed for all | 18 |
| authorized legitimate
and necessary expenses incurred in | 19 |
| attending the meetings of the Board.
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| (10) A majority of the Board members currently appointed | 21 |
| shall constitute a
quorum. A vacancy in the membership of the | 22 |
| Board shall not impair the right of
a quorum to perform all of | 23 |
| the duties of the Board.
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| (11) Members of the Board shall have no liability in an | 25 |
| action based upon
a disciplinary proceeding or other activity | 26 |
| performed in good faith as a
member of the Board.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/7.3 new)
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| Sec. 7.3. Change of address. An applicant or licensee must | 4 |
| inform the Department of any change of address, and such | 5 |
| changes must be made either through the Department's website or | 6 |
| by contacting the Department's licensure maintenance unit.
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| (225 ILCS 20/9) (from Ch. 111, par. 6359)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 9. Qualification for clinical social worker license
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| License . A person shall be qualified to be
licensed as a | 11 |
| clinical social worker and the Department shall issue a
license | 12 |
| authorizing the independent practice of clinical social work to
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| an applicant who:
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| (1) has applied in writing on the prescribed form;
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| (2) is of good moral character. In determining good moral
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| character, the Department may take into consideration whether | 17 |
| the applicant was
engaged in conduct or actions that would | 18 |
| constitute grounds for discipline
under this
Act;
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| (3) (A) demonstrates to the satisfaction of the Department
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| that
subsequent to securing a master's degree in social | 21 |
| work from an approved
program the applicant has | 22 |
| successfully completed at least 3,000 hours of
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| satisfactory, supervised clinical professional experience; | 24 |
| or
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| (B) demonstrates to the satisfaction of the Department | 2 |
| that
such
applicant has received a doctor's degree in | 3 |
| social work from an approved
program and has completed at | 4 |
| least 2,000 hours of satisfactory, supervised
clinical | 5 |
| professional experience subsequent to the degree;
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| (4) has passed the examination for the practice of clinical
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| social work
as authorized by the Department; and
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| (5) has paid the required fees.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/10.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts | 14 |
| to practice, or
holds himself or herself out to practice as a | 15 |
| clinical social worker or
social worker
without being
licensed | 16 |
| or exempt under this Act shall, in addition to any other | 17 |
| penalty
provided by law, pay a civil penalty to the Department | 18 |
| in an amount not to
exceed $10,000
$5,000 for each offense, as | 19 |
| determined by the Department. The civil
penalty shall be | 20 |
| assessed by the Department after a hearing is held in
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| accordance with the provisions set forth in this Act regarding | 22 |
| the provision of
a hearing for the discipline of a licensee.
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| (b) The Department may investigate any actual, alleged, or | 24 |
| suspected
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date
of the order imposing the civil penalty. The | 2 |
| order shall constitute a judgment
and may be filed and | 3 |
| execution had thereon in the same manner as any judgment
from | 4 |
| any court of record.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/11) (from Ch. 111, par. 6361)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 11. Licenses.
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| (a) The expiration date and renewal period for each license
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| A license shall be issued for a 2 year period; however the
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| expiration date for licenses issued under this Act shall be set | 12 |
| by rule.
The licensee may renew a license during the 60-day
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| 30-day period preceding its
the
expiration date by paying the | 14 |
| required fee and by demonstrating compliance
with any | 15 |
| continuing education requirements. The Department shall adopt | 16 |
| rules establishing minimum requirements of continuing | 17 |
| education and means for verification of the completion of the | 18 |
| continuing education requirements. The Department may, by | 19 |
| rule, specify circumstances under which the continuing | 20 |
| education requirements may be waived.
Proof of having met the | 21 |
| minimum
requirements of continuing education, as determined by | 22 |
| rule, shall be
required for all license renewals. Pursuant to | 23 |
| rule, the continuing
education requirements may, upon petition | 24 |
| to the Board, be waived in whole
or in part for licensed social | 25 |
| workers or licensed clinical social workers
who can demonstrate |
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| their service in the Coast Guard or Armed Forces during
the | 2 |
| period in question, an extreme hardship, or that the license | 3 |
| was
obtained by examination or endorsement within the preceding | 4 |
| renewal period.
The Department shall establish, by rule, a | 5 |
| means for the verification of
completion of the continuing | 6 |
| education required by this Section. This
verification may be | 7 |
| accomplished by audits of records maintained by
licensees, by | 8 |
| requiring the filing of continuing education records with
the | 9 |
| Department or an organization selected by the Department to | 10 |
| maintain these
records, or by other means established by the | 11 |
| Department.
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| (b) Any person who has permitted a license to expire or who | 13 |
| has a
license on inactive status may have it restored by | 14 |
| submitting
making an application to
the Department and filing | 15 |
| proof of fitness , as defined by rule, to have the license | 16 |
| restored,
including, if appropriate, evidence , which is | 17 |
| satisfactory to the
Department , certifying the active practice | 18 |
| of clinical social work or
social work in another jurisdiction | 19 |
| and by paying the required fee.
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| (b-5) If the person has not maintained an active practice | 21 |
| in another
jurisdiction which is satisfactory to the | 22 |
| Department, the Department
shall determine , by an evaluation | 23 |
| program recommended by the Board and
established by rule, the | 24 |
| person's fitness to resume active status and the
Department may | 25 |
| require the person to pass an examination . The Department ,
with | 26 |
| the recommendation of the Board, may also require the person to
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| complete a specific period of evaluated clinical social work or | 2 |
| social
work experience and may require successful completion of | 3 |
| an examination .
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| (b-7) Notwithstanding any other provision of this Act
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| However , any person whose license expired while on active duty | 6 |
| with
the armed forces of the United States, while called into | 7 |
| service or
training with the State Militia or in training or | 8 |
| education under the
supervision of the United States government | 9 |
| prior to induction into the
military service may have his or | 10 |
| her license restored without paying any
renewal
fees if, within | 11 |
| 2 years after the honorable termination of that service,
| 12 |
| training or education, except under conditions other than | 13 |
| honorable, the
Department is furnished with satisfactory | 14 |
| evidence that the person has been
so engaged and that the | 15 |
| service, training or education has
been so terminated.
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| (c) A license to practice shall not be denied any applicant | 17 |
| because of the applicant's race, religion, creed, national | 18 |
| origin, political beliefs or activities, age, sex, sexual | 19 |
| orientation, or physical impairment.
Any person who notifies | 20 |
| the Department, in writing
on forms prescribed by the | 21 |
| Department, may place his license on inactive
status and shall | 22 |
| be excused from the payment of renewal fees until the
person | 23 |
| notifies the Department in writing of his intention to resume | 24 |
| active
practice.
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| Any person requesting that his license be changed from | 26 |
| inactive to
active status shall be required to pay the current |
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| renewal fee and shall
also demonstrate compliance with the | 2 |
| continuing education requirements.
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| (d) (Blank). Any licensed clinical social worker or | 4 |
| licensed social
worker whose license is on inactive status | 5 |
| shall not engage in the
independent practice of clinical social | 6 |
| work or in the practice of social
work in the State of | 7 |
| Illinois. If an individual engages in the independent
practice | 8 |
| of clinical social work or in the practice of social work while | 9 |
| on
inactive status, that individual is considered to be | 10 |
| practicing without a
license and is subject to the disciplinary | 11 |
| provisions of this Act.
| 12 |
| (e) (Blank).
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| (f) (Blank).
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| (g) The Department shall indicate on each license the | 15 |
| academic degree of
the licensee.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/12.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 12.5. Endorsement. The Department may issue a license | 20 |
| as a
clinical social worker or as a social worker, without the | 21 |
| required
examination, to an applicant licensed under the laws | 22 |
| of another jurisdiction if
the requirements for licensure in | 23 |
| that jurisdiction are, on the date of
licensure, substantially | 24 |
| equivalent to the requirements of this Act or to any
person
| 25 |
| who, at the time of his or her licensure, possessed individual |
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| qualifications
that were substantially equivalent to the | 2 |
| requirements then in force in this
State. An applicant under | 3 |
| this Section shall pay the required fees.
| 4 |
| Applicants have 3 years from the date of application to | 5 |
| complete the
application process. If the process has not been | 6 |
| completed in 3 years, the
application shall be denied, the fee | 7 |
| shall be forfeited, and the applicant must
reapply and meet the | 8 |
| requirements in effect at the time of reapplication.
| 9 |
| (Source: P.A. 90-150, eff. 12-30-97.)
| 10 |
| (225 ILCS 20/14) (from Ch. 111, par. 6364)
| 11 |
| (Section scheduled to be repealed on January 1, 2008)
| 12 |
| Sec. 14. Checks or order to Department dishonored because | 13 |
| of insufficient
funds.
Any person who delivers a check or other | 14 |
| payment to the Department that
is returned to the Department | 15 |
| unpaid by the financial institution upon
which it is drawn | 16 |
| shall pay to the Department, in addition to the amount
already | 17 |
| owed to the Department, a fine of $50. The fines imposed by | 18 |
| this Section are in addition
to any other discipline provided | 19 |
| under this Act for unlicensed
practice or practice on a | 20 |
| nonrenewed license. The Department shall notify
the person that | 21 |
| payment of fees and fines shall be paid to the Department
by | 22 |
| certified check or money order within 30 calendar days of the
| 23 |
| notification. If, after the expiration of 30 days from the date | 24 |
| of the
notification, the person has failed to submit the | 25 |
| necessary remittance, the
Department shall automatically |
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| terminate the license or certificate or deny
the application, | 2 |
| without hearing. If, after termination or denial, the
person | 3 |
| seeks a license or certificate, he or she shall apply to the
| 4 |
| Department for restoration or issuance of the license or | 5 |
| certificate and
pay all fees and fines due to the Department. | 6 |
| The Department may establish
a fee for the processing of an | 7 |
| application for restoration of a license or
certificate to pay | 8 |
| all expenses of processing this application. The Secretary
| 9 |
| Director
may waive the fines due under this Section in | 10 |
| individual cases where the Secretary
Director finds that the | 11 |
| fines would be unreasonable or unnecessarily
burdensome.
| 12 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 13 |
| (225 ILCS 20/19) (from Ch. 111, par. 6369)
| 14 |
| (Section scheduled to be repealed on January 1, 2008)
| 15 |
| Sec. 19. Grounds for disciplinary action.
| 16 |
| (1) The Department may refuse to issue, refuse to renew, | 17 |
| suspend, or
revoke any license, or may place on probation, | 18 |
| censure, reprimand, or take
other disciplinary or | 19 |
| non-disciplinary action deemed appropriate by the Department, | 20 |
| including the
imposition of fines not to exceed $10,000
$1,000
| 21 |
| for each violation, with regard to any
license issued under the | 22 |
| provisions of this Act for any one or a combination of
the | 23 |
| following reasons:
| 24 |
| (a) material misstatements of fact in furnishing | 25 |
| information to the
Department or to any other State agency |
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| or in furnishing information to any
insurance company with | 2 |
| respect to a claim on behalf of a licensee or a patient;
| 3 |
| (b) violations or negligent or intentional disregard | 4 |
| of this Act, or any
of the rules promulgated hereunder;
| 5 |
| (c) conviction of or entry of a plea of guilty or nolo | 6 |
| contendere to any crime that is a felony under the laws of | 7 |
| the United States or any
state or territory thereof or that | 8 |
| is a felony or misdemeanor, of
which an essential
element | 9 |
| is dishonesty, or of any crime that
which is directly | 10 |
| related
to the practice of the clinical social work or | 11 |
| social work professions;
| 12 |
| (d) making any misrepresentation for the purpose of | 13 |
| obtaining licenses,
or violating any provision of this Act | 14 |
| or any of the rules promulgated
hereunder;
| 15 |
| (e) professional incompetence;
| 16 |
| (f) malpractice;
| 17 |
| (g) aiding or assisting another person in violating any | 18 |
| provision or this
Act or any rules;
| 19 |
| (h) failing to provide information within 30
60 days in | 20 |
| response to a
written request made by the Department;
| 21 |
| (i) engaging in dishonorable, unethical or | 22 |
| unprofessional conduct of a
character likely to deceive, | 23 |
| defraud or harm the public as defined by the
rules of the | 24 |
| Department, or violating the rules of professional conduct
| 25 |
| adopted by the Board and published by the Department;
| 26 |
| (j) habitual
or excessive use or addiction to alcohol, |
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| narcotics, stimulants, or any other
chemical agent or drug | 2 |
| that results in a clinical social worker's or social
| 3 |
| worker's inability to practice
with reasonable judgment, | 4 |
| skill, or safety;
| 5 |
| (k) discipline by another jurisdiction, if at least one | 6 |
| of the grounds
for the discipline is the same or | 7 |
| substantially equivalent to those set
forth in this | 8 |
| Section;
| 9 |
| (1) directly or indirectly giving to or receiving from | 10 |
| any person, firm,
corporation, partnership or association | 11 |
| any fee, commission, rebate or
other form of compensation | 12 |
| for any professional service not actually rendered;
| 13 |
| (m) a finding by the Board that the licensee, after | 14 |
| having the license
placed on probationary status, has | 15 |
| violated the terms of probation;
| 16 |
| (n) abandonment, without cause, of a client;
| 17 |
| (o) wilfully filing false reports relating to a | 18 |
| licensee's practice,
including but not limited to false | 19 |
| records filed with Federal or State
agencies or | 20 |
| departments;
| 21 |
| (p) wilfully failing to report an instance of suspected | 22 |
| child abuse or
neglect as required by the Abused and | 23 |
| Neglected Child Reporting Act;
| 24 |
| (q) being named as a perpetrator in an indicated report | 25 |
| by the
Department of Children and Family Services under the | 26 |
| Abused and
Neglected Child Reporting Act, and upon proof by |
|
|
|
09500HB0129ham001 |
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| 1 |
| clear and convincing evidence
that the licensee has caused | 2 |
| a child to be an abused child or neglected child
as defined | 3 |
| in the Abused and Neglected Child Reporting Act;
| 4 |
| (r) physical illness,
or mental illness, or any other | 5 |
| impairment or disability, including , but not limited to,
| 6 |
| deterioration through the
aging process, or loss of motor
| 7 |
| abilities and skills that
which results in the inability
to | 8 |
| practice the profession with reasonable judgment, skill or | 9 |
| safety;
| 10 |
| (s) solicitation of professional services by using | 11 |
| false or
misleading advertising; or
| 12 |
| (t) violation of the Health Care Worker Self-Referral | 13 |
| Act.
| 14 |
| (2) (Blank).
| 15 |
| (3) The determination by a court that a licensee is subject | 16 |
| to
involuntary
admission or judicial admission as provided in | 17 |
| the Mental Health and
Developmental Disabilities Code, will | 18 |
| result in an automatic suspension of his
license. Such | 19 |
| suspension will end upon a finding by a court that the licensee
| 20 |
| is no longer subject to involuntary admission or judicial | 21 |
| admission and issues
an order so finding and discharging the | 22 |
| patient, and upon the recommendation of
the Board to the | 23 |
| Secretary
Director that the licensee be allowed to resume | 24 |
| professional
practice.
| 25 |
| (4) The Department may refuse to issue or renew or may | 26 |
| suspend the license of a
person who fails to file a return, pay |
|
|
|
09500HB0129ham001 |
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| 1 |
| the tax, penalty, or interest shown in a
filed return, or pay | 2 |
| any final assessment of tax, penalty, or interest, as
required | 3 |
| by any tax Act administered by the Department of Revenue,
until | 4 |
| the requirements of the tax Act are satisfied.
| 5 |
| (5) In enforcing this Section, the Board upon a showing of | 6 |
| a possible
violation may compel a person licensed to practice | 7 |
| under this Act, or
who has applied for licensure or | 8 |
| certification pursuant to this Act, to submit
to a mental or | 9 |
| physical examination, or both, as required by and at the | 10 |
| expense
of the Department. The examining physicians
shall be | 11 |
| those specifically designated by the Board.
The Board or the | 12 |
| Department may order the examining physician
to present | 13 |
| testimony concerning this mental or physical
examination
of the | 14 |
| licensee or applicant. No information shall be excluded by | 15 |
| reason of
any common law or statutory privilege relating to | 16 |
| communications between the
licensee or applicant and the | 17 |
| examining physician.
The person to be examined may have, at his | 18 |
| or her own expense, another
physician of his or her choice | 19 |
| present during all
aspects of the examination. Failure of any | 20 |
| person to submit to a mental or
physical examination, when | 21 |
| directed, shall be grounds for suspension of a
license until | 22 |
| the person submits to the examination if the Board finds,
after | 23 |
| notice and hearing, that the refusal to submit to the | 24 |
| examination was
without reasonable cause.
| 25 |
| If the Board finds a person unable to practice because of | 26 |
| the reasons
set forth in this Section, the Board may require |
|
|
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09500HB0129ham001 |
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| that person to submit to
care, counseling, or treatment by | 2 |
| physicians
approved
or designated by the Board, as a condition, | 3 |
| term, or restriction for continued,
reinstated, or
renewed | 4 |
| licensure to practice; or, in lieu of care, counseling or | 5 |
| treatment,
the
Board may recommend to the Department to file a | 6 |
| complaint to immediately
suspend, revoke or otherwise | 7 |
| discipline the license of the person.
Any person whose
license | 8 |
| was granted, continued, reinstated, renewed, disciplined or | 9 |
| supervised
subject to such terms, conditions or restrictions, | 10 |
| and who fails to comply with
such terms, conditions, or | 11 |
| restrictions, shall be referred to the Secretary
Director for
a
| 12 |
| determination as to whether the person shall have his or her | 13 |
| license
suspended immediately, pending a hearing by the Board.
| 14 |
| In instances in which the Secretary
Director immediately | 15 |
| suspends a person's license
under this Section, a hearing on | 16 |
| that person's license must be convened by
the Board within 30
| 17 |
| 15 days after the suspension and completed without appreciable
| 18 |
| delay.
The Board shall have the authority to review the subject | 19 |
| person's record of
treatment and counseling regarding the | 20 |
| impairment, to the extent permitted by
applicable federal | 21 |
| statutes and regulations safeguarding the confidentiality of
| 22 |
| medical records.
| 23 |
| A person licensed under this Act and affected under this | 24 |
| Section shall
be
afforded an opportunity to demonstrate to the | 25 |
| Board that he or she can resume
practice in compliance with | 26 |
| acceptable and prevailing standards under the
provisions of his |
|
|
|
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| or her license.
| 2 |
| (Source: P.A. 90-150, eff. 12-30-97.)
| 3 |
| (225 ILCS 20/20) (from Ch. 111, par. 6370)
| 4 |
| (Section scheduled to be repealed on January 1, 2008)
| 5 |
| Sec. 20. Violations - Injunction - Cease and desist order. | 6 |
| 1. If any person violates the provisions of this Act, the | 7 |
| Secretary
Director may,
in the name of the People of the State | 8 |
| of Illinois, through the Attorney
General, petition for an | 9 |
| order enjoining such violation or for an order
enforcing | 10 |
| compliance with this Act. Upon the filing of a verified | 11 |
| petition,
the court with appropriate jurisdiction may issue a | 12 |
| temporary restraining
order without notice or bond, and may | 13 |
| preliminarily and permanently enjoin
such violation. If it is | 14 |
| established that such person has violated or is
violating the | 15 |
| injunction, the court may punish the offender for contempt of
| 16 |
| court. Proceedings under this Section shall be in addition to | 17 |
| all other
remedies and penalties provided by this Act.
| 18 |
| 2. If any person shall hold herself or himself out as a | 19 |
| licensed
clinical social worker or licensed social worker and | 20 |
| is not licensed under
this Act, then any licensed clinical | 21 |
| social worker, licensed social worker,
interested party or any | 22 |
| person injured thereby may petition for relief as
provided in | 23 |
| subsection (1) of this Section.
| 24 |
| 3. Whenever, in the opinion of the Department, a person | 25 |
| violates any
provision of this Act, the Department may issue a |
|
|
|
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| rule to show cause why an
order to cease and desist should not | 2 |
| be entered against such person. The
rule shall clearly set | 3 |
| forth the grounds relied upon by the Department and
shall allow | 4 |
| at least 7 days from the date of the rule to file an answer
| 5 |
| satisfactory to the Department. Failure to answer to the | 6 |
| satisfaction of
the Department shall cause an order to cease | 7 |
| and desist to be issued.
| 8 |
| (Source: P.A. 85-1131.)
| 9 |
| (225 ILCS 20/21) (from Ch. 111, par. 6371)
| 10 |
| (Section scheduled to be repealed on January 1, 2008)
| 11 |
| Sec. 21. Investigations; notice and hearing. The | 12 |
| Department may
investigate the actions of any applicant or of | 13 |
| any person holding or
claiming to hold a license. The | 14 |
| Department shall, before refusing to issue
or renew a license, | 15 |
| at least 30 days prior to the date set for the
hearing,
notify, | 16 |
| in writing, the applicant for, or holder of, a license of the | 17 |
| nature
of the charges and that a hearing will be held on the | 18 |
| date designated.
The Department shall direct the applicant or | 19 |
| licensee to file a written
answer to the Board under oath | 20 |
| within 20 days after the service of the
notice and inform the | 21 |
| applicant or licensee that failure to file an answer
will | 22 |
| result in default being taken against the applicant or licensee | 23 |
| and
that the license or certificate may be
suspended, revoked, | 24 |
| placed on probationary status, or other disciplinary
action may | 25 |
| be taken, including limiting the scope, nature or extent of
|
|
|
|
09500HB0129ham001 |
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|
| 1 |
| practice, as the Secretary
Director may deem proper. Written | 2 |
| notice may be served by personal delivery or certified or
| 3 |
| registered mail to the applicant or licensee at the applicant's | 4 |
| last address of record
the last
notification to the Department .
| 5 |
| In case the person fails to file an answer after receiving | 6 |
| notice, his or
her license or certificate may, in the | 7 |
| discretion of the Department, be
suspended, revoked, or placed | 8 |
| on probationary status, or the Department may
take whatever | 9 |
| disciplinary action deemed proper, including limiting the
| 10 |
| scope, nature, or extent of the person's practice or the | 11 |
| imposition of a
fine, without a hearing, if the act or acts | 12 |
| charged constitute sufficient
grounds for such action under | 13 |
| this Act.
At the time and place fixed in the notice,
the Board | 14 |
| shall proceed to hear the charges and the parties or their
| 15 |
| counsel shall be accorded ample opportunity to present any | 16 |
| statements,
testimony, evidence and argument as may be | 17 |
| pertinent to the charges or to
their defense. The Board may | 18 |
| continue a hearing from time to time.
| 19 |
| (Source: P.A. 87-1031.)
| 20 |
| (225 ILCS 20/23) (from Ch. 111, par. 6373)
| 21 |
| (Section scheduled to be repealed on January 1, 2008)
| 22 |
| Sec. 23. Subpoenas - Depositions - Oaths. The Department | 23 |
| shall have
the power to subpoena and to bring before it any | 24 |
| person and to take
testimony either orally or by deposition, or | 25 |
| both, with the same fees and
mileage and in the same manner as |
|
|
|
09500HB0129ham001 |
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LRB095 03935 RAS 31993 a |
|
| 1 |
| prescribed in civil cases in the courts
of this State.
| 2 |
| The Secretary
Director , the designated hearing officer and | 3 |
| every member of the
Board shall have power to administer oaths | 4 |
| to witnesses at any hearing
which the Department is authorized | 5 |
| to conduct, and any other oaths
authorized in any Act | 6 |
| administered by the Department.
| 7 |
| (Source: P.A. 85-967.)
| 8 |
| (225 ILCS 20/24) (from Ch. 111, par. 6374)
| 9 |
| (Section scheduled to be repealed on January 1, 2008)
| 10 |
| Sec. 24. Compelling Testimony. Any court, upon application | 11 |
| of the
Department, designated hearing officer or the applicant | 12 |
| or licensee against
whom proceedings under Section 19
17 of | 13 |
| this Act are pending, may enter an
order requiring the | 14 |
| attendance of witnesses and their testimony, and the
production | 15 |
| of documents, papers, files, books and records in connection
| 16 |
| with any hearing or investigation. The court may compel | 17 |
| obedience to its
order by proceedings for contempt.
| 18 |
| (Source: P.A. 85-967.)
| 19 |
| (225 ILCS 20/25) (from Ch. 111, par. 6375)
| 20 |
| (Section scheduled to be repealed on January 1, 2008)
| 21 |
| Sec. 25. Findings and recommendations. At the conclusion of | 22 |
| the
hearing the Board shall present to the Secretary
Director a | 23 |
| written report of its
findings of fact, conclusions of law and | 24 |
| recommendations. The report shall
contain a finding whether or |
|
|
|
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LRB095 03935 RAS 31993 a |
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| 1 |
| not the licensee violated this act or
failed to comply with the | 2 |
| conditions required in this Act. The Board shall
specify the | 3 |
| nature of the violation or failure to comply, and shall make
| 4 |
| its recommendations to the Secretary
Director .
| 5 |
| The report of findings of fact, conclusions of law and | 6 |
| recommendation of
the Board shall be the basis for the | 7 |
| Department's order or refusal or for
the granting of the | 8 |
| license. If the Secretary
Director disagrees with the
| 9 |
| recommendations of the Board, the Secretary
Director may issue | 10 |
| an order in
contravention thereof. The Secretary
Director shall | 11 |
| provide a written report to the
Board on any disagreement and | 12 |
| shall specify the reasons for said action in
the final order. | 13 |
| The finding is not admissible in evidence against the
person in | 14 |
| a criminal prosecution brought for the violation of this Act, | 15 |
| but
the hearing and findings are not a bar to a criminal | 16 |
| prosecution brought for
the violation of this Act.
| 17 |
| (Source: P.A. 85-967.)
| 18 |
| (225 ILCS 20/26) (from Ch. 111, par. 6376)
| 19 |
| (Section scheduled to be repealed on January 1, 2008)
| 20 |
| Sec. 26. Board - Rehearing. In any case involving the | 21 |
| refusal to
issue or to renew a license or to discipline a | 22 |
| licensee, a copy of the
Board's report shall be served upon the | 23 |
| applicant or licensee by the
Department, either personally or | 24 |
| by registered or certified mail or as
provided in this Act for | 25 |
| the service of the notice of hearing. Within 20
days after such |
|
|
|
09500HB0129ham001 |
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LRB095 03935 RAS 31993 a |
|
| 1 |
| service, the applicant or licensee may present to the
| 2 |
| Department a motion in writing for a rehearing which shall | 3 |
| specify the
particular grounds therefor. If no motion for a | 4 |
| rehearing is filed, then
upon the expiration of the time | 5 |
| specified for filing such a motion, or if a
motion for | 6 |
| rehearing is denied, then upon such denial, the Secretary
| 7 |
| Director may
enter an order in accordance with recommendations | 8 |
| of the Board, except as
provided in Section 25 of this Act. If | 9 |
| the applicant or licensee requests
and pays for a transcript of | 10 |
| the record within the time for filing a motion
for rehearing, | 11 |
| the 20-day period within which such a motion may be filed
shall | 12 |
| commence upon the delivery of the transcript to the applicant | 13 |
| or licensee.
| 14 |
| (Source: P.A. 86-615.)
| 15 |
| (225 ILCS 20/27) (from Ch. 111, par. 6377)
| 16 |
| (Section scheduled to be repealed on January 1, 2008)
| 17 |
| Sec. 27. Rehearing
Director; rehearing . Whenever the | 18 |
| Secretary
Director believes
justice has not been done in the | 19 |
| revocation, suspension, or discipline of
a
license
or refusal | 20 |
| to issue
or renew a license, he or she may order a rehearing.
| 21 |
| (Source: P.A. 90-150, eff. 12-30-97.)
| 22 |
| (225 ILCS 20/28) (from Ch. 111, par. 6378)
| 23 |
| (Section scheduled to be repealed on January 1, 2008)
| 24 |
| Sec. 28. Appointment of a hearing officer. The Secretary
|
|
|
|
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LRB095 03935 RAS 31993 a |
|
| 1 |
| Director shall have the
authority to appoint any attorney | 2 |
| licensed to practice law in the State of
Illinois to serve as | 3 |
| the hearing officer in any action for refusal to issue
or renew | 4 |
| a license or permit or to discipline a licensee. The Secretary
| 5 |
| Director shall
promptly notify the Board of any such | 6 |
| appointment. The hearing officer
shall have full authority to | 7 |
| conduct the hearing. At least one member of
the Board shall | 8 |
| attend each hearing. The hearing officer shall report his
| 9 |
| findings of fact, conclusions of law and recommendations to the | 10 |
| Board and
to the Secretary
Director . Upon receipt of the | 11 |
| report, the
The Board shall have at least 60 days after
receipt | 12 |
| of the
report to review it and to present its findings of fact, | 13 |
| conclusions of law
and recommendation to the Secretary
| 14 |
| Director . If the Board does not present its
report within the | 15 |
| 60 days period , the Secretary
Director may issue an order
based | 16 |
| on
the report of the hearing officer. If the Secretary
Director
| 17 |
| disagrees with the
recommendation of the Board or of the | 18 |
| hearing officer, the Secretary
Director
may issue an
order in | 19 |
| contravention of the Board's report. The Secretary
Director
| 20 |
| shall promptly provide a
written explanation to the Board on | 21 |
| any such disagreement, and shall
specify the reasons for such | 22 |
| action in the final order.
| 23 |
| (Source: P.A. 90-150, eff. 12-30-97.)
| 24 |
| (225 ILCS 20/29) (from Ch. 111, par. 6379)
| 25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
09500HB0129ham001 |
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LRB095 03935 RAS 31993 a |
|
| 1 |
| Sec. 29. Order or certified copy thereof - prima facie | 2 |
| proof. An order
or a certified copy thereof, over the seal of | 3 |
| the Department and purporting
to be signed by the Secretary
| 4 |
| Director , shall be prima facie proof that:
| 5 |
| (1) Such signature is the genuine signature of the | 6 |
| Secretary
Director ;
| 7 |
| (2) Such Secretary
Director is duly appointed and | 8 |
| qualified; and
| 9 |
| (3) The Board and the members thereof are qualified to act.
| 10 |
| (Source: P.A. 85-967.)
| 11 |
| (225 ILCS 20/32) (from Ch. 111, par. 6382)
| 12 |
| (Section scheduled to be repealed on January 1, 2008)
| 13 |
| Sec. 32. Temporary suspension of a license. The Secretary
| 14 |
| Director may
temporarily suspend the license of a licensed | 15 |
| clinical social worker
or licensed social worker without a
| 16 |
| hearing simultaneously with the institution of proceedings for | 17 |
| a hearing
provided for in Section 21 of this Act if the | 18 |
| Secretary
Director finds conclusive
evidence indicating that a | 19 |
| licensee's continuation
in practice would constitute an | 20 |
| imminent danger to the public. In the event
the Secretary
| 21 |
| Director temporarily suspends such license without a hearing, a
| 22 |
| hearing by the Board shall be held within 30
days after such | 23 |
| suspension has occurred.
| 24 |
| (Source: P.A. 85-1131.)
|
|
|
|
09500HB0129ham001 |
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|
| 1 |
| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|