Full Text of SB2433 99th General Assembly
SB2433sam003 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 2433
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2433 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.27 and by adding Section 4.37 as follows: | 6 | | (5 ILCS 80/4.27) | 7 | | Sec. 4.27. Acts repealed on January 1, 2017. The following
| 8 | | are repealed on January 1, 2017:
| 9 | | The Illinois Optometric Practice Act of 1987. | 10 | | The Clinical Psychologist Licensing Act. | 11 | | The Boiler and Pressure Vessel Repairer Regulation Act. | 12 | | Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII,
XXXI, | 13 | | XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code. | 14 | | (Source: P.A. 99-78, eff. 7-20-15.) | 15 | | (5 ILCS 80/4.37 new) |
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| 1 | | Sec. 4.37. Acts repealed on January 1, 2027. The following | 2 | | Act is repealed on January 1, 2027: | 3 | | The Clinical Psychologist Licensing Act. | 4 | | Section 10. The Clinical Psychologist Licensing Act is | 5 | | amended by changing Sections 2, 3, 6, 7, 10, 11, 15, 15.2, 16, | 6 | | 16.1, 19, 20, 21, and 23 and by adding Section 2.5 as follows:
| 7 | | (225 ILCS 15/2) (from Ch. 111, par. 5352)
| 8 | | (Section scheduled to be repealed on January 1, 2017)
| 9 | | Sec. 2. Definitions. As used in this Act:
| 10 | | (1) "Department" means the Department of Financial and
| 11 | | Professional Regulation.
| 12 | | (2) "Secretary" means the Secretary
of Financial and | 13 | | Professional Regulation.
| 14 | | (3) "Board" means the Clinical Psychologists Licensing
| 15 | | and
Disciplinary
Board appointed by the Secretary.
| 16 | | (4) (Blank). "Person" means an individual, | 17 | | association, partnership or corporation.
| 18 | | (5) "Clinical psychology" means the independent
| 19 | | evaluation, classification , diagnosis, and treatment of | 20 | | mental, emotional, behavioral
or nervous disorders or | 21 | | conditions, developmental disabilities, alcoholism
and | 22 | | substance abuse, disorders of habit or conduct, and the | 23 | | psychological
aspects of physical illness. The practice of | 24 | | clinical psychology includes
psychoeducational evaluation, |
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| 1 | | therapy, remediation and consultation, the
use of | 2 | | psychological and neuropsychological testing, assessment,
| 3 | | psychotherapy, psychoanalysis, hypnosis, biofeedback, and | 4 | | behavioral
modification when any of these are used for the | 5 | | purpose of preventing or
eliminating psychopathology, or | 6 | | for the amelioration of psychological
disorders of | 7 | | individuals or groups. "Clinical psychology" does not | 8 | | include
the use of hypnosis by unlicensed persons
pursuant | 9 | | to Section 3.
| 10 | | (6) A person represents himself to be a "clinical | 11 | | psychologist" or "psychologist" within
the meaning of this | 12 | | Act when he or she holds himself out to the public by
any | 13 | | title or description of services incorporating the words | 14 | | "psychological",
"psychologic", "psychologist", | 15 | | "psychology", or "clinical psychologist" or
under such | 16 | | title or description offers to render or renders clinical
| 17 | | psychological services as defined in paragraph (7) of this | 18 | | Section to
individuals , corporations, or the public for | 19 | | remuneration.
| 20 | | (7) "Clinical psychological services" refers to any | 21 | | services under
paragraph (5) of this Section if the words | 22 | | "psychological", "psychologic",
"psychologist", | 23 | | "psychology" or "clinical psychologist" are used to
| 24 | | describe such services by the person or
organization | 25 | | offering to render or rendering them.
| 26 | | (8) "Collaborating physician" means a physician |
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| 1 | | licensed to practice medicine in all of its branches in | 2 | | Illinois who generally prescribes medications for the | 3 | | treatment of mental health disease or illness to his or her | 4 | | patients in the normal course of his or her clinical | 5 | | medical practice. | 6 | | (9) "Prescribing psychologist" means a licensed, | 7 | | doctoral level psychologist who has undergone specialized | 8 | | training, has passed an examination as determined by rule, | 9 | | and has received a current license granting prescriptive | 10 | | authority under Section 4.2 of this Act that has not been | 11 | | revoked or suspended from the Department. | 12 | | (10) "Prescriptive authority" means the authority to | 13 | | prescribe, administer, discontinue, or distribute drugs or | 14 | | medicines. | 15 | | (11) "Prescription" means an order for a drug, | 16 | | laboratory test, or any medicines, including controlled | 17 | | substances as defined in the Illinois Controlled | 18 | | Substances Act. | 19 | | (12) "Drugs" has the meaning given to that term in the | 20 | | Pharmacy Practice Act. | 21 | | (13) "Medicines" has the meaning given to that term in | 22 | | the Pharmacy Practice Act. | 23 | | (14) "Address of record" means the designated address | 24 | | recorded by the Department in the applicant's application | 25 | | file or the licensee's license file maintained by the | 26 | | Department's licensure maintenance unit. |
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| 1 | | This Act shall not apply to persons lawfully carrying on | 2 | | their particular
profession or business under any valid | 3 | | existing regulatory Act of the State.
| 4 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 5 | | (225 ILCS 15/2.5 new) | 6 | | Sec. 2.5. Change of address. It is the duty of the | 7 | | applicant or licensee to inform the Department of any change of | 8 | | address within 14 days after such change either through the | 9 | | Department's website or by contacting the Department's | 10 | | licensure maintenance unit.
| 11 | | (225 ILCS 15/3) (from Ch. 111, par. 5353)
| 12 | | (Section scheduled to be repealed on January 1, 2017)
| 13 | | Sec. 3. Necessity of license; corporations, professional | 14 | | limited liability companies, partnerships, and
associations; | 15 | | display of license. | 16 | | (a) No individual , partnership, association or corporation
| 17 | | shall, without a valid license as a clinical psychologist | 18 | | issued by the
Department, in any manner hold himself or herself | 19 | | out to the public as a
psychologist or clinical psychologist | 20 | | under the provisions of this Act or
render or offer to render | 21 | | clinical psychological services as defined in
paragraph 7 of | 22 | | Section 2 of this Act; or attach the title "clinical
| 23 | | psychologist",
"psychologist"
or any other name or
designation | 24 | | which would in any way imply that he or she is able to practice
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| 1 | | as a
clinical
psychologist; or offer to render or render , to | 2 | | individuals, corporations
or the public, clinical | 3 | | psychological services as defined in paragraph 7 of
Section 2 | 4 | | of this Act.
| 5 | | No person may engage in the practice of clinical | 6 | | psychology, as defined in
paragraph (5) of Section 2 of this | 7 | | Act, without a license granted under this
Act, except as
| 8 | | otherwise provided in this Act.
| 9 | | (b) No business organization association or partnership | 10 | | shall be granted a license and no professional limited | 11 | | liability company shall provide, attempt to provide, or offer | 12 | | to provide clinical psychological services unless every
| 13 | | member, shareholder, director, officer, holder of any other | 14 | | ownership interest, agent partner , and employee of the | 15 | | association, partnership, or professional limited liability | 16 | | company who
renders clinical psychological services holds
a | 17 | | currently valid license issued under this Act.
No license shall | 18 | | be issued by the Department to a corporation or limited | 19 | | liability company shall be created that (i)
has a stated | 20 | | purpose that includes clinical psychology, or (ii) practices or | 21 | | holds
itself out as available
to practice clinical psychology, | 22 | | unless it is organized under the
Professional Service | 23 | | Corporation Act or the Professional Limited Liability Company | 24 | | Act .
| 25 | | (c) Individuals, corporations, professional limited | 26 | | liability companies, partnerships, and associations may employ
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| 1 | | practicum
students, interns or postdoctoral candidates seeking | 2 | | to fulfill
educational requirements or the professional | 3 | | experience
requirements needed to qualify for a license as a
| 4 | | clinical psychologist
to assist in the rendering of services, | 5 | | provided that such employees
function under the direct | 6 | | supervision, order, control and full professional
| 7 | | responsibility of a licensed clinical psychologist in the | 8 | | corporation, professional limited liability company,
| 9 | | partnership, or association. Nothing in this paragraph shall | 10 | | prohibit a
corporation, professional limited liability | 11 | | company, partnership, or association from contracting with a | 12 | | licensed
health care professional to provide services.
| 13 | | (c-5) Nothing in this Act shall preclude individuals | 14 | | licensed under this Act from practicing directly or indirectly | 15 | | for a physician licensed to practice medicine in all its | 16 | | branches under the Medical Practice Act of 1987 or for any | 17 | | legal entity as provided under subsection (c) of Section 22.2 | 18 | | of the Medical Practice Act of 1987. | 19 | | Nothing in this Act shall preclude individuals licensed | 20 | | under this Act from practicing directly or indirectly for any | 21 | | hospital licensed under the Hospital Licensing Act or any | 22 | | hospital affiliate as defined in Section 10.8 of the Hospital | 23 | | Licensing Act and any hospital authorized under the University | 24 | | of Illinois Hospital Act. | 25 | | (d) Nothing in this Act shall prevent the employment, by a | 26 | | clinical
psychologist, individual,
association, partnership, |
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| 1 | | professional limited liability company, or corporation | 2 | | furnishing clinical psychological services
for remuneration, | 3 | | of persons not licensed as clinical psychologists under
the | 4 | | provisions of this Act to perform services in various | 5 | | capacities as
needed, provided that such persons are not in any | 6 | | manner held out to the
public as rendering clinical | 7 | | psychological services as defined in paragraph
7 of Section 2 | 8 | | of this Act. Nothing contained in this Act shall require any
| 9 | | hospital, clinic, home
health agency, hospice, or other entity | 10 | | that provides health care services to
employ or to contract | 11 | | with a clinical psychologist licensed under this Act to
perform | 12 | | any of the activities under paragraph (5) of Section 2 of this | 13 | | Act.
| 14 | | (e) Nothing in this Act shall
be construed to limit the | 15 | | services and use of official title on the part
of a person, not | 16 | | licensed under the
provisions of this Act, in the employ of a | 17 | | State, county or municipal
agency or other political | 18 | | subdivision insofar that such services are a part of
the
duties | 19 | | in his or her salaried position, and insofar that such services | 20 | | are
performed solely on behalf of his or her employer.
| 21 | | Nothing contained in this Section shall be construed as | 22 | | permitting such
person to offer their services as psychologists | 23 | | to any other persons and to
accept remuneration for such | 24 | | psychological services other than as
specifically excepted | 25 | | herein, unless they have been licensed under the
provisions of | 26 | | this Act.
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| 1 | | (f) Duly recognized members of any bonafide religious | 2 | | denomination shall
not be restricted from functioning in their | 3 | | ministerial capacity provided
they do not represent themselves | 4 | | as being clinical psychologists or
providing clinical | 5 | | psychological services.
| 6 | | (g) Nothing in this Act shall prohibit individuals not | 7 | | licensed under
the provisions of this Act who work in self-help | 8 | | groups or programs or
not-for-profit organizations from | 9 | | providing services
in those groups, programs, or | 10 | | organizations, provided that such persons
are not in any manner | 11 | | held out to the public as rendering clinical
psychological | 12 | | services as defined in paragraph 7 of Section 2 of this Act.
| 13 | | (h) Nothing in this Act shall be construed to prevent a | 14 | | person from
practicing hypnosis without a license issued under | 15 | | this Act provided that
the person (1) does not otherwise engage | 16 | | in the practice of clinical
psychology
including, but not | 17 | | limited to, the independent evaluation, classification, and
| 18 | | treatment of mental, emotional, behavioral, or nervous | 19 | | disorders or conditions,
developmental disabilities, | 20 | | alcoholism and substance abuse, disorders of habit
or conduct, | 21 | | and the psychological aspects of physical illness, (2) does not
| 22 | | otherwise engage in the practice of medicine including, but not | 23 | | limited to, the
diagnosis or treatment of physical or mental | 24 | | ailments or conditions, and (3)
does not
hold himself or | 25 | | herself out to the public by a title or description stating or
| 26 | | implying
that the individual is a clinical psychologist or is |
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| 1 | | licensed to practice
clinical psychology.
| 2 | | (i) Every licensee under this Act shall prominently display | 3 | | the license at the licensee's principal office, place of | 4 | | business, or place of employment and, whenever requested by any | 5 | | representative of the Department, must exhibit the license.
| 6 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 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 and pass upon the
qualifications of applicants | 14 | | for reciprocal licensure.
| 15 | | (2) Conduct hearings on proceedings to refuse to issue or | 16 | | renew or to
revoke licenses or suspend, place on probation, | 17 | | censure or reprimand
persons licensed under the provisions of | 18 | | this Act, and to refuse to issue
or to suspend or to revoke or | 19 | | to refuse to renew licenses or to place on
probation , censure | 20 | | or reprimand such persons licensed under the provisions
of this | 21 | | Act.
| 22 | | (3) Adopt Formulate rules and regulations required for the | 23 | | administration of
this Act.
| 24 | | (4) Prescribe forms to be issued for the administration and | 25 | | enforcement of this Act. |
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| 1 | | (5) Conduct investigations related to possible violations | 2 | | of this Act. | 3 | | (Source: P.A. 85-947 .)
| 4 | | (225 ILCS 15/7) (from Ch. 111, par. 5357) | 5 | | (Section scheduled to be repealed on January 1, 2017) | 6 | | Sec. 7. Board. The Secretary shall appoint a Board that
| 7 | | shall serve in
an advisory capacity to the Secretary. | 8 | | The Board shall consist of 11 persons: 4 of whom are
| 9 | | licensed clinical
psychologists and actively engaged in the | 10 | | practice of clinical psychology; 2 of whom are licensed | 11 | | prescribing psychologists; 2 of whom are physicians licensed to | 12 | | practice medicine in all its branches in Illinois who generally | 13 | | prescribe medications for the treatment of mental health | 14 | | disease or illness in the normal course of clinical medical | 15 | | practice, one of whom shall be a psychiatrist and the other a | 16 | | primary care or family physician;
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 |
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| 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, and, with respect to the 2 physician members of the | 7 | | Board, the Secretary shall give due consideration to | 8 | | recommendations by the Statewide professional associations or | 9 | | societies representing physicians licensed to practice | 10 | | medicine in all its branches in Illinois.
The members shall be | 11 | | appointed for a term of 4 years. No member shall be
eligible to | 12 | | serve for more than 2 full terms. Any appointment to fill a
| 13 | | vacancy shall be for the unexpired portion of the term. A | 14 | | member appointed
to fill a vacancy for an unexpired term for a | 15 | | duration of 2 years or more may be reappointed for a maximum of | 16 | | one term and a member appointed to fill a vacancy for an | 17 | | unexpired term for a duration of less than 2 years may be | 18 | | reappointed for a maximum of 2 terms. The Secretary
may remove | 19 | | any member for cause at any time prior to
the expiration of his | 20 | | or her term. | 21 | | The 2 initial appointees to the Board who are licensed
| 22 | | prescribing psychologists may hold a medical or prescription
| 23 | | license issued by another state so long as the license is | 24 | | deemed by the Secretary to be substantially equivalent to a | 25 | | prescribing psychologist license under this Act and so long as | 26 | | the appointees also maintain an Illinois clinical psychologist |
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| 1 | | license. Such initial appointees shall serve on the Board until | 2 | | the Department adopts rules necessary to implement licensure | 3 | | under Section 4.2 of this Act. | 4 | | The Board shall annually elect a one of its members as
| 5 | | chairperson and vice chairperson. | 6 | | The members of the Board shall be reimbursed for all
| 7 | | authorized legitimate and
necessary expenses incurred in | 8 | | attending the meetings of the Board. | 9 | | The Secretary shall give due consideration to all | 10 | | recommendations of the
Board. In the event the Secretary | 11 | | disagrees with or takes
action
contrary to the recommendation | 12 | | of the Board, he or she
shall provide the
Board with a written | 13 | | and specific explanation of his or
her actions. | 14 | | The Board may make recommendations on all matters relating | 15 | | to continuing education including the number of hours necessary | 16 | | for license renewal, waivers for those unable to meet such | 17 | | requirements and acceptable course content. Such | 18 | | recommendations shall not impose an undue burden on the | 19 | | Department or an unreasonable restriction on those seeking | 20 | | license renewal. | 21 | | The 2 licensed prescribing psychologist members of the | 22 | | Board and the 2 physician members of the Board shall only | 23 | | deliberate and make recommendations related to the licensure | 24 | | and discipline of prescribing psychologists. Four members | 25 | | shall constitute a
quorum, except that all deliberations and | 26 | | recommendations related to the licensure and discipline of |
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| 1 | | prescribing psychologists shall require a quorum of 6 members. | 2 | | A quorum is required for all Board decisions. | 3 | | Members of the Board shall have no liability in any action | 4 | | based upon any
disciplinary proceeding or other activity | 5 | | performed in good faith as a member
of the Board. | 6 | | The Secretary may terminate the appointment of any member | 7 | | for cause which
in the opinion of the Secretary
reasonably | 8 | | justifies such termination. | 9 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 10 | | (225 ILCS 15/10) (from Ch. 111, par. 5360)
| 11 | | (Section scheduled to be repealed on January 1, 2017)
| 12 | | Sec. 10. Qualifications of applicants; examination. The | 13 | | Department,
except as provided in Section 11 of this Act,
shall | 14 | | issue a license as a clinical psychologist to any person who | 15 | | pays an
application fee and who:
| 16 | | (1) is at least 21 years of age; and has not engaged in | 17 | | conduct or
activities which would constitute grounds for | 18 | | discipline under this Act;
| 19 | | (2) (blank);
| 20 | | (3) is a graduate of a doctoral program from a college,
| 21 | | university or school accredited by the regional | 22 | | accrediting body which is
recognized by
the Council on | 23 | | Postsecondary Accreditation and is in the jurisdiction
in | 24 | | which it is located for purposes of granting the doctoral | 25 | | degree and either:
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| 1 | | (a) is a graduate of a doctoral program in | 2 | | clinical, school or
counseling psychology either | 3 | | accredited by the American Psychological
Association | 4 | | or the Psychological Clinical Science Accreditation | 5 | | System or approved by the Council for the National | 6 | | Register of Health
Service Providers in Psychology or | 7 | | other national board recognized by the
Board, and has | 8 | | completed 2 years of satisfactory supervised
| 9 | | experience
in clinical, school or counseling | 10 | | psychology at least one of which is an
internship and | 11 | | one of which is postdoctoral; or
| 12 | | (b) holds a doctoral degree from a recognized | 13 | | college, university or
school which the Department, | 14 | | through its rules, establishes as being
equivalent to a | 15 | | clinical, school or counseling psychology program and | 16 | | has
completed at least one course in each of the | 17 | | following 7 content areas, in
actual attendance at a | 18 | | recognized university, college or school whose | 19 | | graduates
would be eligible for licensure under this | 20 | | Act: scientific and
professional ethics, biological | 21 | | basis of behavior, cognitive-affective
basis of | 22 | | behavior, social basis of behavior, individual | 23 | | differences,
assessment, and treatment modalities; and | 24 | | has completed 2 years of
satisfactory supervised | 25 | | experience in clinical, school or counseling
| 26 | | psychology, at least one of which is an internship and |
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| 1 | | one of which is
postdoctoral; or
| 2 | | (c) holds a doctorate in psychology or in a
program
| 3 | | whose content is psychological in nature from an | 4 | | accredited college,
university or school not meeting | 5 | | the standards of paragraph (a) or (b) of
this | 6 | | subsection (3) and provides
evidence of the completion | 7 | | of at least one course in each of the 7
content areas | 8 | | specified in paragraph (b) in actual attendance at a | 9 | | recognized university,
school or college whose | 10 | | graduate would be eligible for licensure under this
| 11 | | Act; and has completed an appropriate practicum, an
| 12 | | internship or
equivalent supervised clinical | 13 | | experience in an organized mental health care
setting | 14 | | and 2 years of satisfactory supervised experience in | 15 | | clinical
or counseling psychology, at least one of | 16 | | which is postdoctoral; and
| 17 | | (4) has passed an examination authorized by the | 18 | | Department to
determine his or her fitness to receive a | 19 | | license.
| 20 | | Applicants for licensure under subsection (3)(a) and
(3)(b) of
| 21 | | this Section shall complete 2 years of satisfactory supervised
| 22 | | experience, at
least one of which shall be an internship and | 23 | | one of which shall be
postdoctoral. A year of supervised | 24 | | experience is defined as not less than
1,750 hours obtained in | 25 | | not less than 50 weeks based on 35 hours per week
for full-time | 26 | | work experience. Full-time supervised experience will be
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| 1 | | counted only if it is obtained in a single setting for a | 2 | | minimum of 6 months.
Part-time and internship experience will | 3 | | be counted only if it
is 18 hours or more a week for a minimum | 4 | | of 9 months and is in a
single setting. The internship | 5 | | experience required under
subsection
(3)(a) and (3)(b) of this | 6 | | Section shall be a
minimum of 1,750 hours completed within 24 | 7 | | months.
| 8 | | Programs leading to a doctoral degree require minimally the | 9 | | equivalent
of 3 full-time academic years of graduate study, at | 10 | | least 2 years of
which are at the institution from which the | 11 | | degree is granted, and of which
at least one year or its | 12 | | equivalent is in residence at the institution from
which the | 13 | | degree is granted. Course work for which credit is given for | 14 | | life
experience will not be accepted by the Department as | 15 | | fulfilling the
educational requirements for licensure. | 16 | | Residence requires interaction
with psychology faculty and | 17 | | other matriculated psychology students; one
year's residence | 18 | | or its equivalent is defined as follows:
| 19 | | (a) 30 semester hours taken on a full-time or part-time | 20 | | basis at the
institution accumulated within 24 months, or
| 21 | | (b) a minimum of 350 hours of student-faculty contact | 22 | | involving
face-to-face individual or group courses or | 23 | | seminars accumulated within 18
months. Such educational | 24 | | meetings must include both faculty-student and
| 25 | | student-student interaction, be conducted by the | 26 | | psychology faculty of the
institution at least 90% of the |
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| 1 | | time, be fully documented by the
institution, and relate | 2 | | substantially to the program and course content.
The | 3 | | institution must clearly document how the applicant's | 4 | | performance is
assessed and evaluated.
| 5 | | To meet the requirement for satisfactory supervised | 6 | | experience, under
this Act the supervision must be performed | 7 | | pursuant to the order, control
and full professional | 8 | | responsibility of a licensed clinical psychologist.
The | 9 | | clients shall be the clients of the agency or supervisor rather | 10 | | than
the supervisee. Supervised experience in which the | 11 | | supervisor receives
monetary payment or other consideration | 12 | | from the supervisee or in which the
supervisor is hired by or | 13 | | otherwise employed by the supervisee shall not be
accepted by | 14 | | the Department as fulfilling the practicum, internship or 2
| 15 | | years of satisfactory supervised experience requirements for | 16 | | licensure.
| 17 | | Examinations for applicants under this Act shall be held at | 18 | | the direction
of the Department from time to time but not less | 19 | | than once each year. The
scope and form of the examination | 20 | | shall be determined by the Department.
| 21 | | Each applicant for a license who possesses the necessary | 22 | | qualifications
therefor shall be examined by the Department, | 23 | | and shall pay to the
Department, or its designated testing | 24 | | service, the required examination
fee, which fee shall not be | 25 | | refunded by the Department.
| 26 | | Applicants have 3 years from the date of application to |
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| 1 | | complete the
application process. If the process has not been | 2 | | completed in 3 years, the
application shall be denied, the fee | 3 | | shall be forfeited, and the applicant must
reapply and meet the | 4 | | requirements in effect at the time of reapplication.
| 5 | | An applicant has one year from the date of notification of
| 6 | | successful completion of the examination to apply to the | 7 | | Department for a
license. If an applicant fails to apply within | 8 | | one year, the applicant shall
be required to take and pass the | 9 | | examination again unless licensed in
another jurisdiction of | 10 | | the United States within one year of passing the
examination.
| 11 | | (Source: P.A. 98-849, eff. 1-1-15 .)
| 12 | | (225 ILCS 15/11) (from Ch. 111, par. 5361)
| 13 | | (Section scheduled to be repealed on January 1, 2017)
| 14 | | Sec. 11. Persons licensed in other jurisdictions.
| 15 | | (a) The Department may, in its discretion, grant a license | 16 | | on payment of the
required fee to any person who, at the time | 17 | | of application, is
licensed by a similar board of another state | 18 | | or jurisdiction of the United States or by any of a
foreign | 19 | | country or province whose standards, in the
opinion of the | 20 | | Board or Department, were substantially equivalent,
at the date | 21 | | of his or her licensure in the other jurisdiction, to the
| 22 | | requirements
of this Act or to any person who, at the time of | 23 | | his or her licensure,
possessed
individual qualifications that | 24 | | were substantially equivalent to
the
requirements then in force | 25 | | in this State.
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| 1 | | (b) The Department may issue a license, upon payment of the | 2 | | required fee and recommendation of the Board,
to an individual | 3 | | applicant who:
| 4 | | (1) has been licensed based on a doctorate degree to | 5 | | practice
psychology in one or more other states
or Canada | 6 | | for at least 20 years;
| 7 | | (2) has had no disciplinary action taken against his or | 8 | | her license in any
other jurisdiction during the entire | 9 | | period of licensure;
| 10 | | (3) (blank); submits the appropriate fee and | 11 | | application;
| 12 | | (4) has not violated any provision of this Act or the | 13 | | rules adopted under
this Act; and
| 14 | | (5) complies with all additional rules promulgated | 15 | | under this subsection.
| 16 | | The Department may promulgate rules to further define these | 17 | | licensing
criteria.
| 18 | | (b-5) The endorsement process for individuals who are | 19 | | already licensed as medical or prescribing psychologists in | 20 | | another state is governed by Section 4.5 of this Act and not | 21 | | this Section. | 22 | | (c) Applicants have 3 years from the date of application to | 23 | | complete the
application process. If the process has not been | 24 | | completed in 3 years,
the application shall be denied, the fee | 25 | | shall be forfeited, and the
applicant must reapply and meet the | 26 | | requirements in effect at the time
of reapplication.
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| 1 | | (Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96; | 2 | | 89-702, eff.
7-1-97 .)
| 3 | | (225 ILCS 15/15) (from Ch. 111, par. 5365)
| 4 | | (Section scheduled to be repealed on January 1, 2017)
| 5 | | Sec. 15. Disciplinary action; grounds. The Department may | 6 | | refuse to
issue, refuse to renew, suspend,
or revoke any | 7 | | license, or may place on probation, censure, reprimand, or
take | 8 | | other disciplinary or non-disciplinary action deemed | 9 | | appropriate by the Department,
including the imposition of | 10 | | fines not to exceed $10,000 for each violation,
with regard to | 11 | | any license issued under the provisions of this Act for any
one | 12 | | or a combination of the following reasons:
| 13 | | (1) Conviction of, or entry of a plea of guilty or nolo | 14 | | contendere to, any crime that is a felony under the laws of
| 15 | | the United
States or any state or territory thereof or that | 16 | | is a misdemeanor
of which an
essential element is | 17 | | dishonesty, or any crime that
is
directly
related to the | 18 | | practice of the profession.
| 19 | | (2) Gross negligence in the rendering of clinical | 20 | | psychological
services.
| 21 | | (3) Using fraud or making any misrepresentation in | 22 | | applying for a license
or in passing the examination | 23 | | provided for in this Act.
| 24 | | (4) Aiding or abetting or conspiring to aid or abet a | 25 | | person, not a
clinical psychologist licensed under this |
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| 1 | | Act, in representing himself or
herself as
so licensed or | 2 | | in applying for a license under this Act.
| 3 | | (5) Violation of any provision of this Act or the rules | 4 | | promulgated
thereunder.
| 5 | | (6) Professional connection or association with any | 6 | | person, firm,
association, partnership or corporation | 7 | | holding himself, herself,
themselves, or
itself out in any | 8 | | manner contrary to this Act.
| 9 | | (7) Unethical, unauthorized or unprofessional conduct | 10 | | as defined by rule.
In establishing those rules, the | 11 | | Department shall consider, though is not
bound by, the | 12 | | ethical standards for psychologists promulgated by | 13 | | recognized
national psychology associations.
| 14 | | (8) Aiding or assisting another person in violating any | 15 | | provisions of this
Act or the rules promulgated thereunder.
| 16 | | (9) Failing to provide, within 60 days, information in | 17 | | response to a
written request made by the Department.
| 18 | | (10) Habitual or excessive use or addiction to alcohol, | 19 | | narcotics,
stimulants, or any other chemical agent or drug | 20 | | that results in a
clinical
psychologist's inability to | 21 | | practice with reasonable judgment, skill or
safety.
| 22 | | (11) Discipline by another state, territory, the | 23 | | District of Columbia or
foreign country, if at least one of | 24 | | the grounds for the discipline is the
same or substantially | 25 | | equivalent to those set forth herein.
| 26 | | (12) Directly or indirectly giving or receiving from |
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| 1 | | any person, firm,
corporation, association or partnership | 2 | | any fee, commission, rebate, or
other form of compensation | 3 | | for any professional service not actually or
personally | 4 | | rendered. Nothing in this paragraph (12) affects any bona | 5 | | fide independent contractor or employment arrangements | 6 | | among health care professionals, health facilities, health | 7 | | care providers, or other entities, except as otherwise | 8 | | prohibited by law. Any employment arrangements may include | 9 | | provisions for compensation, health insurance, pension, or | 10 | | other employment benefits for the provision of services | 11 | | within the scope of the licensee's practice under this Act. | 12 | | Nothing in this paragraph (12) shall be construed to | 13 | | require an employment arrangement to receive professional | 14 | | fees for services rendered.
| 15 | | (13) A finding by the Board that the licensee, after
| 16 | | having his or her
license placed on probationary status has | 17 | | violated the terms of
probation.
| 18 | | (14) Willfully making or filing false records or | 19 | | reports, including but
not limited to, false records or | 20 | | reports filed with State agencies or
departments.
| 21 | | (15) Physical illness, including but not limited to, | 22 | | deterioration through
the aging process, mental illness or | 23 | | disability that results in
the inability to practice the | 24 | | profession
with reasonable judgment, skill and safety.
| 25 | | (16) Willfully failing to report an instance of | 26 | | suspected child abuse or
neglect as required by the Abused |
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| 1 | | and Neglected Child Reporting Act.
| 2 | | (17) Being named as a perpetrator in an indicated | 3 | | report by the Department
of Children and Family Services | 4 | | pursuant to the Abused and Neglected Child
Reporting Act, | 5 | | and upon proof by clear and convincing evidence that the
| 6 | | licensee has caused a child to be an abused child or | 7 | | neglected child as defined
in the Abused and Neglected | 8 | | Child Reporting Act.
| 9 | | (18) Violation of the Health Care Worker Self-Referral | 10 | | Act.
| 11 | | (19) Making a material misstatement in furnishing | 12 | | information to the
Department, any other State or federal | 13 | | agency, or any other entity.
| 14 | | (20) Failing to report to the Department any adverse | 15 | | judgment, settlement, or award arising from a liability | 16 | | claim related to an act or conduct similar to an act or | 17 | | conduct that would constitute grounds for action as set | 18 | | forth in this Section. | 19 | | (21) Failing to report to the Department any adverse | 20 | | final action taken against a licensee or applicant by | 21 | | another licensing jurisdiction, including any other state | 22 | | or territory of the United States or any foreign state or | 23 | | country, or any peer review body, health care institution, | 24 | | professional society or association related to the | 25 | | profession, governmental agency, law enforcement agency, | 26 | | or court for an act or conduct similar to an act or conduct |
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| 1 | | that would constitute grounds for disciplinary action as | 2 | | set forth in this Section.
| 3 | | (22) Prescribing, selling, administering, | 4 | | distributing, giving, or self-administering (A) any drug | 5 | | classified as a controlled substance (designated product) | 6 | | for other than medically accepted therapeutic purposes or | 7 | | (B) any narcotic drug. | 8 | | (23) Violating state or federal laws or regulations | 9 | | relating to controlled substances, legend drugs, or | 10 | | ephedra as defined in the Ephedra Prohibition Act. | 11 | | (24) Exceeding the terms of a collaborative agreement | 12 | | or the prescriptive authority delegated to a licensee by | 13 | | his or her collaborating physician or established under a | 14 | | written collaborative agreement. | 15 | | The entry of an order by any circuit court establishing | 16 | | that any person
holding a license under this Act is subject to | 17 | | involuntary admission or
judicial admission as provided for in | 18 | | the Mental Health and Developmental
Disabilities Code, | 19 | | operates as an automatic suspension of that license. That
| 20 | | person may have his or her license restored only upon the | 21 | | determination by
a circuit
court that the patient is no longer | 22 | | subject to involuntary admission or
judicial admission and the | 23 | | issuance of an order so finding and discharging the
patient and | 24 | | upon the Board's recommendation to the
Department that the
| 25 | | license be restored. Where the circumstances so indicate, the | 26 | | Board may
recommend to the Department that it require an |
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| 1 | | examination prior to restoring
any license so automatically | 2 | | suspended.
| 3 | | The Department shall may refuse to issue or may suspend the | 4 | | license of any person
who fails to file a return, or to pay the | 5 | | tax, penalty or interest shown in
a filed return, or to pay any | 6 | | final assessment of the tax penalty or
interest, as required by | 7 | | any tax Act administered by the Illinois
Department of Revenue, | 8 | | until such time as the requirements of any such tax
Act are | 9 | | satisfied.
| 10 | | In enforcing this Section, the Department or Board upon a | 11 | | showing of a possible
violation may compel any person licensed | 12 | | to practice under this Act, or
who has applied for licensure or | 13 | | certification pursuant to this Act, to submit
to a mental or | 14 | | physical examination, or both, as required by and at the | 15 | | expense
of the Department. The examining physicians or clinical | 16 | | psychologists
shall be those specifically designated by the | 17 | | Department Board .
The Board or the Department may order the | 18 | | examining physician or clinical
psychologist to present | 19 | | testimony concerning this mental or physical
examination
of the | 20 | | licensee or applicant. No information shall be excluded by | 21 | | reason of
any common law or statutory privilege relating to | 22 | | communications between the
licensee or applicant and the | 23 | | examining physician or clinical psychologist.
The person to be | 24 | | examined may have, at his or her own expense, another
physician | 25 | | or clinical psychologist of his or her choice present during | 26 | | all
aspects of the examination. Failure of any person to submit |
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| 1 | | to a mental or
physical examination, when directed, shall be | 2 | | grounds for suspension of a
license until the person submits to | 3 | | the examination if the Department or Board finds,
after notice | 4 | | and hearing, that the refusal to submit to the examination was
| 5 | | without reasonable cause.
| 6 | | If the Department or Board finds a person unable to | 7 | | practice because of the reasons
set forth in this Section, the | 8 | | Department or Board may require that person to submit to
care, | 9 | | counseling or treatment by physicians or clinical | 10 | | psychologists approved
or designated by the Department Board , | 11 | | as a condition, term, or restriction for continued,
reinstated, | 12 | | or
renewed licensure to practice; or, in lieu of care, | 13 | | counseling or treatment,
the
Board may recommend to the | 14 | | Department to file or the Department may file a complaint to | 15 | | immediately
suspend, revoke or otherwise discipline the | 16 | | license of the person.
Any person whose
license was granted, | 17 | | continued, reinstated, renewed, disciplined or supervised
| 18 | | subject to such terms, conditions or restrictions, and who | 19 | | fails to comply with
such terms, conditions or restrictions, | 20 | | shall be referred to the Secretary for a
determination as to | 21 | | whether the person shall have his or her license
suspended | 22 | | immediately, pending a hearing by the Board.
| 23 | | In instances in which the Secretary immediately suspends a | 24 | | person's license
under this Section, a hearing on that person's | 25 | | license must be convened by
the Board within 15 days after the | 26 | | suspension and completed without appreciable
delay.
The Board |
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| 1 | | shall have the authority to review the subject person's record | 2 | | of
treatment and counseling regarding the impairment, to the | 3 | | extent permitted by
applicable federal statutes and | 4 | | regulations safeguarding the confidentiality of
medical | 5 | | records.
| 6 | | A person licensed under this Act and affected under this | 7 | | Section shall
be
afforded an opportunity to demonstrate to the | 8 | | Board that he or she can resume
practice in compliance with | 9 | | acceptable and prevailing standards under the
provisions of his | 10 | | or her license.
| 11 | | (Source: P.A. 98-668, eff. 6-25-14.)
| 12 | | (225 ILCS 15/15.2)
| 13 | | (Section scheduled to be repealed on January 1, 2017)
| 14 | | Sec. 15.2. Administrative Procedure Act. The Illinois | 15 | | Administrative
Procedure Act is hereby expressly adopted and | 16 | | incorporated herein as if all of
the provisions of that Act | 17 | | were included in this Act, except that the provision
of
| 18 | | subsection (d) of Section 10-65 of the Illinois Administrative | 19 | | Procedure Act
that provides that at hearings the licensee has | 20 | | the right to show compliance
with all lawful requirements for | 21 | | retention, or continuation or renewal of the
license, is | 22 | | specifically excluded. For the purposes of this Act, the notice
| 23 | | required under Section 10-25 of the Illinois Administrative | 24 | | Procedure Act is
deemed sufficient when mailed to the last | 25 | | known address of a party.
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| 1 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 2 | | (225 ILCS 15/16) (from Ch. 111, par. 5366)
| 3 | | (Section scheduled to be repealed on January 1, 2017)
| 4 | | Sec. 16. Investigations; notice; hearing. | 5 | | (a) The Department may investigate the actions of any | 6 | | applicant or of any person or persons holding or claiming to | 7 | | hold a license or registration under this Act. | 8 | | (b) The Department shall, before disciplining an applicant | 9 | | or licensee, at least 30 days before the date set for the | 10 | | hearing, (i) notify the accused in writing of the charges made | 11 | | and the time and place for the hearing on the charges, (ii) | 12 | | direct him or her to file a written answer to the charges under | 13 | | oath within 20 days after service, and (iii) inform the | 14 | | applicant or licensee that failure to answer will result in a | 15 | | default being entered against the applicant or licensee. | 16 | | (c) At the time and place fixed in the notice, the Board or | 17 | | hearing officer appointed by the Secretary shall proceed to | 18 | | hear the charges, and the parties or their counsel shall be | 19 | | accorded ample opportunity to present any pertinent | 20 | | statements, testimony, evidence, and arguments. The Board or | 21 | | hearing officer may continue the hearing from time to time. In | 22 | | case the person, after receiving the notice, fails to file an | 23 | | answer, his or her license may, in the discretion of the | 24 | | Secretary, having first received the recommendation of the | 25 | | Board, be suspended, revoked, or placed on probationary status, |
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| 1 | | or be subject to whatever disciplinary action the Secretary | 2 | | considers proper, including limiting the scope, nature, or | 3 | | extent of the person's practice or the imposition of a fine, | 4 | | without hearing, if the act or acts charged constitute | 5 | | sufficient grounds for that action under this Act. | 6 | | (d) The written notice and any notice in the subsequent | 7 | | proceeding may be served by regular or certified mail to the | 8 | | applicant's or licensee's address of record. Licenses may be | 9 | | refused,
revoked, or suspended in the manner
provided by this | 10 | | Act and not otherwise. The Department may upon its own
motion | 11 | | and shall upon the verified complaint in writing of any person
| 12 | | setting forth facts that if proven would constitute grounds for
| 13 | | refusal to issue,
suspend or revoke under this Act
investigate | 14 | | the actions of any
person applying for, holding or claiming to | 15 | | hold a license. The Department
shall, before refusing to issue, | 16 | | renew, suspend or revoke any license or take
other disciplinary | 17 | | action pursuant to Section 15 of this Act, and
at least 30 days | 18 | | prior to the date set for the hearing, notify in
writing
the | 19 | | applicant for or the holder of such license of any charges | 20 | | made,
shall afford such accused person an opportunity to be | 21 | | heard in person or by
counsel in reference thereto, and
direct | 22 | | the applicant or licensee to file a written answer to the Board
| 23 | | under oath within 20 days after the service of the notice and | 24 | | inform the
applicant or licensee that failure to file an answer | 25 | | will result in default
being taken against the applicant or | 26 | | licensee and that the license or
certificate may be
suspended, |
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| 1 | | revoked, placed on probationary status, or other disciplinary
| 2 | | action may be taken, including limiting the scope, nature or | 3 | | extent of
practice, as the Secretary may deem proper. Written | 4 | | notice may be served by
delivery of the same personally to the | 5 | | accused person, or by mailing the
same by certified mail to his | 6 | | or her last known place of residence or to
the place
of | 7 | | business last theretofore specified by the accused person in | 8 | | his or her
last
notification to the Department.
In case the | 9 | | person fails to file an answer after receiving notice, his or
| 10 | | her license or certificate may, in the discretion of the | 11 | | Department, be
suspended, revoked, or placed on probationary | 12 | | status, or the Department may
take whatever disciplinary action | 13 | | deemed proper, including limiting the
scope, nature, or extent | 14 | | of the person's practice or the imposition of a
fine, without a | 15 | | hearing, if the act or acts charged constitute sufficient
| 16 | | grounds for such action under this Act.
At the time and place | 17 | | fixed in the notice,
the Board shall proceed to hearing of the | 18 | | charges and both
the accused
person and the complainant shall | 19 | | be accorded ample opportunity to present,
in person or by | 20 | | counsel, any statements, testimony, evidence and arguments
as | 21 | | may be pertinent to the charges or to their defense. The
Board | 22 | | may continue such hearing from time to time. If the
Board
shall | 23 | | not be sitting at the time and place fixed in the notice or at | 24 | | the
time and place to which the hearing shall have been | 25 | | continued, the
Department shall continue such hearing for a | 26 | | period not to exceed 30 days.
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| 1 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 2 | | (225 ILCS 15/16.1)
| 3 | | (Section scheduled to be repealed on January 1, 2017)
| 4 | | Sec. 16.1. Appointment of hearing officer. Notwithstanding | 5 | | any other
provision of this Act, the Secretary shall have
the | 6 | | authority to appoint any attorney duly licensed to practice law | 7 | | in the
State of Illinois to serve as the hearing officer in any | 8 | | action for refusal
to issue, renew or discipline a license. The | 9 | | hearing officer shall have
full authority to conduct the | 10 | | hearing. The hearing officer shall report
his or her findings | 11 | | of fact, conclusions of law, and recommendations to
the Board | 12 | | and the Secretary. The
Board shall have 60 days after receipt | 13 | | of the
report to review the
report of the hearing officer and | 14 | | to present its findings of fact,
conclusions
of law and | 15 | | recommendations to the Secretary. If the Board
fails to
present | 16 | | its report within the 60 day period, the Secretary may
issue an
| 17 | | order based on the report of the hearing officer. If the | 18 | | Secretary
disagrees with the recommendations of the Board or | 19 | | hearing officer, the
Secretary may issue an order in | 20 | | contravention of the Board's report. The
Secretary
shall | 21 | | promptly provide a written explanation to the Board
on any such | 22 | | disagreement.
| 23 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 24 | | (225 ILCS 15/19) (from Ch. 111, par. 5369)
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| 1 | | (Section scheduled to be repealed on January 1, 2017)
| 2 | | Sec. 19. Record of proceedings; transcript. The
| 3 | | Department, at its expense,
shall preserve a record of all | 4 | | proceedings at any
formal hearing of any case. The notice of
| 5 | | hearing, complaint and all
other documents in the nature of | 6 | | pleadings and written motions filed in the
proceedings, the | 7 | | transcript of testimony, the report of the Board and
the orders | 8 | | of the Department shall be the record of the
proceedings. The
| 9 | | Department shall furnish a copy transcript of the record to
any
| 10 | | person upon payment of the fee required under
Section 2105-115 | 11 | | of the Department of Professional Regulation Law
(20 ILCS | 12 | | 2105/2105-115).
| 13 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 14 | | (225 ILCS 15/20) (from Ch. 111, par. 5370)
| 15 | | (Section scheduled to be repealed on January 1, 2017)
| 16 | | Sec. 20. Hearing Report ; motion for rehearing. | 17 | | (a) The Board or the hearing officer appointed by the | 18 | | Secretary shall hear evidence in support of the formal charges | 19 | | and evidence produced by the licensee. At the conclusion of the | 20 | | hearing, the Board shall present to the Secretary a written | 21 | | report of its findings of fact, conclusions of law, and | 22 | | recommendations. | 23 | | (b) At the conclusion of the hearing, a copy of the Board | 24 | | or hearing officer's report shall be served upon the applicant | 25 | | or licensee by the Department, either personally or as provided |
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| 1 | | in this Act for the service of a notice of hearing. Within 20 | 2 | | calendar days after service, the applicant or licensee may | 3 | | present to the Department a motion in writing for a rehearing, | 4 | | which shall specify the particular grounds for rehearing. The | 5 | | Department may respond to the motion for rehearing within 20 | 6 | | calendar days after its service on the Department. If no motion | 7 | | for rehearing is filed, then upon the expiration of the time | 8 | | specified for filing such or motion, or upon denial of a motion | 9 | | for rehearing, the Secretary may enter an order in accordance | 10 | | with the recommendation of the Board or hearing officer. If the | 11 | | applicant or licensee orders from the reporting service and | 12 | | pays for a transcript of the record within the time for filing | 13 | | a motion for rehearing, the 20-day period within which a motion | 14 | | may be filed shall commence upon the delivery of the transcript | 15 | | to the applicant or licensee. | 16 | | (c) If the Secretary disagrees in any regard with the | 17 | | report of the Board, the Secretary may issue an order contrary | 18 | | to the report. | 19 | | (d) Whenever the Secretary is not satisfied that | 20 | | substantial justice has been done, the Secretary may order a | 21 | | rehearing by the same or another hearing officer. | 22 | | (e) At any point in any investigation or disciplinary | 23 | | proceeding provided for in this Act, both parties may agree to | 24 | | a negotiated consent order. The consent order shall be final | 25 | | upon signature of the Secretary. | 26 | | (f) Any fine imposed shall be payable within 60 days after |
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| 1 | | the effective date of the order imposing the fine. The Board
| 2 | | shall present to the Secretary its
written
report of its | 3 | | findings and recommendations. A copy of such report shall be
| 4 | | served upon the applicant or licensee, either personally
or by | 5 | | certified mail. Within 20
days after such service, the | 6 | | applicant or licensee may
present to the Department a motion in | 7 | | writing for a rehearing, that
shall specify
the particular | 8 | | grounds for the rehearing. If no motion for
a rehearing is | 9 | | filed, then upon the expiration of the time specified for
| 10 | | filing such a motion, or if a motion for rehearing is denied, | 11 | | then upon such
denial, the Secretary may enter an order in | 12 | | accordance with recommendations of
the Board, except as | 13 | | provided in Section 16.1 of this Act. If the
applicant
or | 14 | | licensee requests and pays
for a transcript of the record | 15 | | within the
time for filing a motion for rehearing, the 20 day | 16 | | period within which a
motion may be filed shall commence upon | 17 | | the delivery of the transcript.
| 18 | | (Source: P.A. 94-870, eff. 6-16-06.)
| 19 | | (225 ILCS 15/21) (from Ch. 111, par. 5371)
| 20 | | (Section scheduled to be repealed on January 1, 2017)
| 21 | | Sec. 21. Restoration of license. At any time after the | 22 | | suspension or
revocation of any
license, the Department may | 23 | | restore it to the licensee
upon the
written recommendation of | 24 | | the Board unless after an investigation and hearing
the Board | 25 | | or Department determines that restoration is not in the public |
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| 1 | | interest. Where
circumstances of suspension
or revocation so | 2 | | indicate, the Department may require an examination of the
| 3 | | accused person prior to restoring his or her license.
| 4 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 5 | | (225 ILCS 15/23) (from Ch. 111, par. 5373)
| 6 | | (Section scheduled to be repealed on January 1, 2017)
| 7 | | Sec. 23. Certification of record. The Department shall not | 8 | | be
required to certify any
record to the court, file any answer | 9 | | in court or otherwise
appear in any court in a judicial review | 10 | | proceedings, unless and until the Department has received from | 11 | | the plaintiff
there is filed in the court with the complaint a | 12 | | receipt from
the Department acknowledging payment of the costs | 13 | | of furnishing
and certifying the record , which costs shall be | 14 | | determined by the Department . Failure on the part of the | 15 | | plaintiff
to file a receipt in court shall be grounds for | 16 | | dismissal
of the action.
| 17 | | (Source: P.A. 89-702, eff. 7-1-97 .)
| 18 | | (225 ILCS 15/15.4 rep.)
| 19 | | Section 15. The Clinical Psychologist Licensing Act is | 20 | | amended by repealing Section 15.4.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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