Full Text of HB5691 96th General Assembly
HB5691ham001 96TH GENERAL ASSEMBLY
|
Health Care Licenses Committee
Filed: 2/24/2010
|
|
09600HB5691ham001 |
|
LRB096 20223 ASK 37408 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 5691
| 2 |
| AMENDMENT NO. ______. Amend House Bill 5691 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Clinical Psychologist Licensing Act is | 5 |
| amended by changing Sections 6, 7, and 13 and by adding Section | 6 |
| 10.5 as follows:
| 7 |
| (225 ILCS 15/6) (from Ch. 111, par. 5356)
| 8 |
| (Section scheduled to be repealed on January 1, 2017)
| 9 |
| Sec. 6. Subject to the provisions of this Act, the | 10 |
| Department shall:
| 11 |
| (1) Authorize examinations to ascertain the qualifications | 12 |
| and fitness
of applicants for licensure as clinical | 13 |
| psychologists , approve of continuing education programs or | 14 |
| courses, and pass upon the
qualifications of applicants for | 15 |
| reciprocal licensure.
| 16 |
| (2) Conduct hearings on proceedings to refuse to issue or |
|
|
|
09600HB5691ham001 |
- 2 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| renew or to
revoke licenses or suspend, place on probation, | 2 |
| censure or reprimand
persons licensed under the provisions of | 3 |
| this Act, and to refuse to issue
or to suspend or to revoke or | 4 |
| to refuse to renew licenses or to place on
probation, censure | 5 |
| or reprimand such persons licensed under the provisions
of this | 6 |
| Act.
| 7 |
| (3) Formulate rules and regulations required for the | 8 |
| administration of
this Act.
| 9 |
| (Source: P.A. 85-947 .)
| 10 |
| (225 ILCS 15/7) (from Ch. 111, par. 5357)
| 11 |
| (Section scheduled to be repealed on January 1, 2017)
| 12 |
| Sec. 7. Board. The Secretary shall appoint a Board that
| 13 |
| shall serve in
an advisory capacity to the Secretary.
| 14 |
| The Board shall consist of 7 persons, 4 of whom are
| 15 |
| licensed clinical
psychologists, and actively engaged in the | 16 |
| practice of clinical psychology,
2 of whom are licensed | 17 |
| clinical psychologists and are full time faculty
members of | 18 |
| accredited colleges or
universities who are engaged in training | 19 |
| clinical psychologists, and one of
whom is a public member who | 20 |
| is not a licensed health care provider. In
appointing members | 21 |
| of the Board, the Secretary shall give due
consideration to the | 22 |
| adequate representation of the various fields of
health care | 23 |
| psychology such as clinical psychology, school psychology and
| 24 |
| counseling psychology. In appointing members of the Board,
the | 25 |
| Secretary
shall give due consideration to recommendations by |
|
|
|
09600HB5691ham001 |
- 3 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| members of the
profession of clinical psychology and by the | 2 |
| State-wide organizations
representing the interests of | 3 |
| clinical psychologists and organizations
representing the | 4 |
| interests of academic programs as well as recommendations
by | 5 |
| approved doctoral level psychology programs in the State of | 6 |
| Illinois.
The members shall be appointed for a term of 4 years. | 7 |
| No member shall be
eligible to serve for more than 2 full | 8 |
| terms. Any appointment to fill a
vacancy shall be for the | 9 |
| unexpired portion of the term. A member appointed
to fill a | 10 |
| vacancy for an unexpired term for a duration of 2 years or more | 11 |
| may be reappointed for a maximum of one term and a member | 12 |
| appointed to fill a vacancy for an unexpired term for a | 13 |
| duration of less than 2 years may be reappointed for a maximum | 14 |
| of 2 terms. The Secretary
may remove any member for cause at | 15 |
| any time prior to
the expiration of his or her term.
| 16 |
| The Board shall annually elect one of its members as
| 17 |
| chairperson and vice chairperson.
| 18 |
| The members of the Board shall be reimbursed for all
| 19 |
| authorized legitimate and
necessary expenses incurred in | 20 |
| attending the meetings of the Board.
| 21 |
| The Secretary shall give due consideration to all | 22 |
| recommendations of the
Board. In the event the Secretary | 23 |
| disagrees with or takes
action
contrary to the recommendation | 24 |
| of the Board, he or she
shall provide the
Board with a written | 25 |
| and specific explanation of his or
her actions.
| 26 |
| The Board may approve any program or course that it |
|
|
|
09600HB5691ham001 |
- 4 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| believes should be credited towards the continuing education | 2 |
| requirement for licensees under this Act. | 3 |
| A majority of the Board members currently appointed shall | 4 |
| constitute a
quorum. A vacancy in the membership of the Board | 5 |
| shall not impair the right of
a quorum to perform all of the | 6 |
| duties of the Board.
| 7 |
| Members of the Board shall have no liability in any action | 8 |
| based upon any
disciplinary proceeding or other activity | 9 |
| performed in good faith as a member
of the Board.
| 10 |
| The Secretary may terminate the appointment of any member | 11 |
| for cause which
in the opinion of the Secretary
reasonably | 12 |
| justifies such termination.
| 13 |
| (Source: P.A. 93-745, eff. 7-15-04; 94-870, eff. 6-16-06.)
| 14 |
| (225 ILCS 15/10.5 new) | 15 |
| Sec. 10.5. Continuing education. | 16 |
| (a) A licensee shall complete at least 23 credit hours of | 17 |
| continuing education for every 2-year period of licensure, | 18 |
| except for his or her initial 2-year period of licensure. At | 19 |
| least 3 of the 23 credit hours of continuing education must be | 20 |
| on the topics of professional ethics and risk management. At | 21 |
| least 12 of the 23 credit hours of continuing education must be | 22 |
| obtained in a live, face-to-face format in which a participant | 23 |
| has an opportunity to interact in real-time with the presenter | 24 |
| or, if a live video feed, an on-site facilitator. | 25 |
| Continuing education hours may only apply to the 2-year |
|
|
|
09600HB5691ham001 |
- 5 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| period in which the hours were completed, except that the | 2 |
| Department may allow a licensee whose license has lapsed due to | 3 |
| the failure to meet the 23 credit hour requirement to apply | 4 |
| continuing education hours that he or she completed after the | 5 |
| lapse of his or her license to that previous 2-year period of | 6 |
| licensure. | 7 |
| (b) The Department may request that the licensee submit to | 8 |
| the Department a certificate of attendance as proof of | 9 |
| completing any continuing education program or course that he | 10 |
| or she has attended. The Department shall conduct a random | 11 |
| audit of 10% of all licensees every 2 years for compliance with | 12 |
| continuing education requirements and shall audit any licensee | 13 |
| who is under investigation for alleged misconduct under the | 14 |
| Act. | 15 |
| (c) Upon submitting a request to the Department, a licensee | 16 |
| may receive a postponement or waiver of the continuing | 17 |
| education requirement on the grounds of prolonged illness, | 18 |
| disability, or extreme hardship. The Department shall consider | 19 |
| each application individually on its merits, and the Department | 20 |
| may grant a postponement, partial waiver, or total waiver as | 21 |
| deemed appropriate. The license of any renewal applicant who, | 22 |
| prior to the date of the license renewal, applies to the | 23 |
| Department for a postponement or waiver of the continuing | 24 |
| education requirement shall be deemed to be in good standing | 25 |
| until the Department has reached a final decision on his or her | 26 |
| request. |
|
|
|
09600HB5691ham001 |
- 6 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| (d) Any renewal applicant who served as a full-time, active | 2 |
| member of any branch of the United States armed forces or the | 3 |
| Illinois National Guard for at least 6 months during the 2-year | 4 |
| period immediately prior to his or her license renewal date | 5 |
| shall be exempt from the continuing education requirement for | 6 |
| that 2-year period. | 7 |
| (e) The Department may grant an exemption from the | 8 |
| requirements of this Section to a licensee who certifies to the | 9 |
| Department that he or she has permanently retired from the | 10 |
| active practice of clinical psychology. A licensee who has been | 11 |
| granted such an exemption may not return to the active practice | 12 |
| of clinical psychology unless he or she submits evidence | 13 |
| satisfactory to the Department of having completed at least 23 | 14 |
| credit hours of continuing education for each 2-year period for | 15 |
| which the licensee was retired. | 16 |
| (f) The Department shall allow credit for any continuing | 17 |
| education program or course that is sponsored or co-sponsored | 18 |
| by a presenter that: | 19 |
| (1) is approved by the Committee for the Approval of | 20 |
| Continuing Education of the American Psychological | 21 |
| Association; | 22 |
| (2) is approved by the Accreditation Council of | 23 |
| Continuing Medical Education, if deemed relevant to the | 24 |
| professional practice of clinical psychology; | 25 |
| (3) is approved by a clinical psychologist licensing | 26 |
| board of another state in which the licensee is also |
|
|
|
09600HB5691ham001 |
- 7 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| licensed as a clinical psychologist; or | 2 |
| (4) is approved by the Department or the Clinical | 3 |
| Psychologists
Licensing and Disciplinary Board. | 4 |
| (g) The Department shall grant credit for any continuing | 5 |
| education program or course taught by distance learning, | 6 |
| independent learning, self-study, or home study that: | 7 |
| (1) is approved by the Committee for the Approval of | 8 |
| Continuing Education of the American Psychological | 9 |
| Association; | 10 |
| (2) is approved by the Accreditation Council of | 11 |
| Continuing Medical Education, if deemed relevant to the | 12 |
| professional practice of clinical psychology; | 13 |
| (3) is approved by a clinical psychologist licensing | 14 |
| board of another state in which the licensee is also | 15 |
| licensed as a clinical psychologist; or | 16 |
| (4) is approved by the Department or the Clinical | 17 |
| Psychologists
Licensing and Disciplinary Board. | 18 |
| (h) The Department shall not grant more than 12 hours of | 19 |
| credit in a 2-year period for any specific continuing education | 20 |
| program or course. The Department shall not grant credit for | 21 |
| any personal psychotherapy, service to a professional | 22 |
| organization, research, workshop on personal growth or the | 23 |
| business aspects of psychology, or any mentoring, teaching, or | 24 |
| supervising of students.
| 25 |
| (225 ILCS 15/13) (from Ch. 111, par. 5363)
|
|
|
|
09600HB5691ham001 |
- 8 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2017)
| 2 |
| Sec. 13. License renewal; restoration. The expiration date | 3 |
| and renewal
period for each license
issued under this Act shall | 4 |
| be set by rule. Every holder of a license
under this Act may | 5 |
| renew such license during the 90-day period immediately
| 6 |
| preceding the
expiration date thereof upon payment of the | 7 |
| required renewal fees.
| 8 |
| A clinical psychologist who has permitted his or her | 9 |
| license to expire or
who
has had his or her license on inactive | 10 |
| status may have his or her
license restored
by
(i) making | 11 |
| application to the Department , (ii) and filing proof | 12 |
| acceptable to the
Department of his or her fitness to have his | 13 |
| or her license restored,
which may include including evidence
| 14 |
| certifying to active practice in another jurisdiction | 15 |
| satisfactory to the
Department or proof of completing 23 credit | 16 |
| hours of continuing education during the 2-year period prior to | 17 |
| application, and (iii) by paying the required restoration fee.
| 18 |
| If the clinical psychologist has not maintained an active | 19 |
| practice in
another jurisdiction satisfactory to the | 20 |
| Department, the Board shall
determine, by an evaluation program | 21 |
| established by rule, his or her fitness
to
resume active status | 22 |
| and may require the clinical psychologist to complete
a period | 23 |
| of supervised professional experience and may require | 24 |
| successful
completion of an examination.
| 25 |
| However, any clinical psychologist whose license expired | 26 |
| while he or she
was (1)
in Federal Service on active duty with |
|
|
|
09600HB5691ham001 |
- 9 - |
LRB096 20223 ASK 37408 a |
|
| 1 |
| the Armed Forces of the United
States, or the State Militia | 2 |
| called into service or training, or (2) in
training or | 3 |
| education under the supervision of the United States
| 4 |
| preliminary to induction into the military service, may have | 5 |
| his or her
license
renewed or restored without paying any | 6 |
| lapsed renewal fees if within 2
years after honorable | 7 |
| termination of such service, training , or education he
or she | 8 |
| furnishes the Department with satisfactory evidence to the | 9 |
| effect
that he
or she has been so engaged and that his or her | 10 |
| service, training , or
education has been
so terminated.
| 11 |
| Unless the Department grants a postponement or waiver of | 12 |
| the continuing education requirement pursuant to Section 10.5 | 13 |
| of this Act, a licensee who fails to meet the continuing | 14 |
| education requirements by the expiration date shall | 15 |
| immediately cease and desist from practice. | 16 |
| (Source: P.A. 94-870, eff. 6-16-06.)".
|
|