Illinois General Assembly - Full Text of HB2577
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Full Text of HB2577  100th General Assembly


Rep. Cynthia Soto

Filed: 3/22/2017





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2    AMENDMENT NO. ______. Amend House Bill 2577 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.28 and by adding Section 4.38 as follows:
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.



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1    The Pharmacy Practice Act.
2    The Home Medical Equipment and Services Provider License
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
13    (5 ILCS 80/4.38 new)
14    Sec. 4.38. Act repealed on January 1, 2028. The following
15Act is repealed on January 1, 2028:
16    The Marriage and Family Therapy Licensing Act.
17    Section 10. The Marriage and Family Therapy Licensing Act
18is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65,
1970, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156,
20165, and 170 and by adding Section 10.5 as follows:
21    (225 ILCS 55/10)  (from Ch. 111, par. 8351-10)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 10. Definitions. As used in this Act:



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1    "Address of record" means the designated address recorded
2by the Department in the applicant's application file or the
3licensee's application file or license file maintained by the
4Department's licensure maintenance unit. It is the duty of the
5applicant or licensee to inform the Department of any change of
6address, and such changes must be made either through the
7Department's website or by contacting the Department's
8licensure maintenance unit.
9    "Advertise" means, but is not limited to, issuing or
10causing to be distributed any card, sign or device to any
11person; or causing, permitting or allowing any sign or marking
12on or in any building, structure, newspaper, magazine or
13directory, or on radio or television; or advertising by any
14other means designed to secure public attention.
15    "Approved program" means an approved comprehensive program
16of study in marriage and family therapy in a regionally
17accredited educational institution approved by the Department
18for the training of marriage and family therapists.
19    "Associate licensed marriage and family therapist" means a
20person to whom an associate licensed marriage and family
21therapist license has been issued under this Act.
22    "Board" means the Illinois Marriage and Family Therapy
23Licensing and Disciplinary Board.
24    "Department" means the Department of Financial and
25Professional Regulation.
26    "Email address of record" means the designated email



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1address recorded by the Department in the applicant's
2application file or the licensee's license file, as maintained
3by the Department's licensure maintenance unit.
4    "First qualifying degree" means the first master's or
5doctoral degree, as described in paragraph (1) of subsection
6(b) of Section 40, that an applicant for licensure received.
7    "License" means that which is required to practice marriage
8and family therapy under this Act, the qualifications for which
9include specific education, acceptable experience and
10examination requirements.
11    "Licensed marriage and family therapist" means a person to
12whom a marriage and family therapist license has been issued
13under this Act.
14    "Marriage and family therapy" means the evaluation and
15treatment of mental and emotional problems within the context
16of human relationships. Marriage and family therapy involves
17the use of psychotherapeutic methods to ameliorate
18interpersonal and intrapersonal conflict and to modify
19perceptions, beliefs and behavior in areas of human life that
20include, but are not limited to, premarriage, marriage,
21sexuality, family, divorce adjustment, and parenting.
22    "Person" means any individual, firm, corporation,
23partnership, organization, or body politic.
24    "Practice of marriage and family therapy" means the
25rendering of marriage and family therapy services to
26individuals, couples, and families as defined in this Section,



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1either singly or in groups, whether the services are offered
2directly to the general public or through organizations, either
3public or private, for a fee, monetary or otherwise.
4    "Secretary" means the Secretary of Financial and
5Professional Regulation.
6    "Title or description" means to hold oneself out as a
7licensed marriage and family therapist or an associate licensed
8marriage and family therapist to the public by means of stating
9on signs, mailboxes, address plates, stationery,
10announcements, calling cards or other instruments of
11professional identification.
12(Source: P.A. 95-703, eff. 12-31-07.)
13    (225 ILCS 55/10.5 new)
14    Sec. 10.5. Address of record; email address of record. All
15applicants and licensees shall:
16        (1) provide a valid address and email address to the
17    Department, which shall serve as the address of record and
18    email address of record, respectively, at the time of
19    application for licensure or renewal of a license; and
20        (2) inform the Department of any change of address of
21    record or email address of record within 14 days after such
22    change either through the Department's website or by
23    contacting the Department's licensure maintenance unit.
24    (225 ILCS 55/15)  (from Ch. 111, par. 8351-15)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 15. Exemptions.
3    (a) Nothing contained in this Act shall restrict any person
4not licensed under this Act from performing marriage and family
5therapy if that person does not represent himself or herself as
6a "licensed marriage and family therapist" or an "associate
7licensed marriage and family therapist".
8    (b) Nothing in this Act shall be construed as permitting
9persons licensed as marriage and family therapists and
10associate licensed marriage and family therapists to engage in
11any manner in the practice of medicine as defined in the laws
12of this State.
13    (c) Nothing in this Act shall be construed to prevent
14qualified members of other professional groups, including but
15not limited to clinical psychologists, social workers,
16counselors, attorneys at law, or psychiatric nurses, from
17performing or advertising that they perform the work of a
18marriage and family therapist consistent with the laws of this
19State, their training, and any code of ethics of their
20respective professions, provided they do not represent
21themselves by any title or description as a licensed marriage
22and family therapist or an associate licensed marriage and
23family therapist.
24    (d) Nothing in this Act shall be construed to prevent any
25person from the bona fide practice of the doctrines of an
26established church or religious denomination if the person does



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1not hold himself or herself out to be a licensed marriage and
2family therapist or an associate licensed marriage and family
4    (e) Nothing in this Act shall prohibit self-help groups or
5programs or not-for-profit organizations from providing
6services so long as these groups, programs, or organizations do
7not hold themselves out as practicing or being able to practice
8marriage and family therapy.
9    (f) This Act does not prohibit:
10        (1) A person from practicing marriage and family
11    therapy as part of his or her duties as an employee of a
12    recognized academic institution, or a federal, State,
13    county, or local governmental institution or agency while
14    performing those duties for which he or she was employed by
15    the institution, agency or facility.
16        (2) A person from practicing marriage and family
17    therapy as part of his or her duties as an employee of a
18    nonprofit organization consistent with the laws of this
19    State, his or her training, and any code of ethics of his
20    or her respective professions, provided the person does not
21    represent himself or herself as a "licensed marriage and
22    family therapist" or an "associate licensed marriage and
23    family therapist".
24        (3) A person from practicing marriage and family
25    therapy if the person is obtaining experience for licensure
26    as a marriage and family therapist, provided the person is



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1    designated by a title that clearly indicates training
2    status.
3        (4) A person licensed in this State under any other Act
4    from engaging the practice for which he or she is licensed.
5        (5) A person from practicing marriage and family
6    therapy if the person is a marriage and family therapist
7    regulated under the laws of another State, territory of the
8    United States or country and who has applied in writing to
9    the Department, on forms prepared and furnished by the
10    Department, for licensing as a marriage and family
11    therapist and who is qualified to receive a license
12    registration under Section 40 until the expiration of 6
13    months after the filing of the written application, the
14    withdrawal of the application, a notice of intent to deny
15    the application, or the denial of the application by the
16    Department.
17(Source: P.A. 91-362, eff. 1-1-00.)
18    (225 ILCS 55/20)  (from Ch. 111, par. 8351-20)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 20. Powers and duties of the Department. Subject to
21the provisions of this Act, the Department shall exercise the
22following functions, powers, and duties:
23        (a) Conduct or authorize examinations to ascertain the
24    fitness and qualifications of applicants for licensure and
25    issue licenses to those who are found to be fit and



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1    qualified.
2        (b) Adopt Prescribe rules required for the
3    administration of this Act, including, but not limited to,
4    rules for a method of examination of candidates and for
5    determining approved graduate programs.
6        (b-5) Prescribe forms to be issued for the
7    administration and enforcement of this Act rules for
8    determining approved graduate programs and prepare and
9    maintain a list of colleges and universities offering
10    approved programs.
11        (c) Conduct hearings on proceedings to refuse to issue
12    or renew licenses or to revoke, suspend, place on
13    probation, or reprimand persons licensed under the
14    provisions of this Act or refuse to issue licenses.
15        (d) Conduct investigations related to possible
16    violations Promulgate rules required for the
17    administration of this Act.
18    The Board may make recommendations on matters relating to
19continuing education, including the number of hours necessary
20for license renewal, waivers for those unable to meet the
21requirements, and acceptable course content.
22(Source: P.A. 90-61, eff. 12-30-97.)
23    (225 ILCS 55/25)  (from Ch. 111, par. 8351-25)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 25. Marriage and Family Therapy Licensing and



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1Disciplinary Board.
2    (a) The Secretary shall appoint a There is established
3within the Department the Marriage and Family Therapy Licensing
4and Disciplinary Board to be appointed by the Secretary. The
5Board shall be composed of 7 persons who shall serve in an
6advisory capacity to the Secretary. The Board shall annually
7elect a chairperson and a vice chairperson.
8    (b) In appointing members of the Board, the Secretary shall
9give due consideration to recommendations by members of the
10profession of marriage and family therapy and by the statewide
11organizations solely representing the interests of marriage
12and family therapists.
13    (c) Five members of the Board shall be marriage and family
14therapists who have been in active practice for at least 5
15years immediately preceding their appointment, or engaged in
16the education and training of masters, doctoral, or
17post-doctoral students of marriage and family therapy, or
18engaged in marriage and family therapy research. Each marriage
19or family therapy teacher or researcher shall have spent the
20majority of the time devoted to the study or research of
21marriage and family therapy during the 2 years immediately
22preceding his or her appointment to the Board. The appointees
23shall be licensed under this Act.
24    (d) Two members shall be representatives of the general
25public who have no direct affiliation or work experience with
26the practice of marriage and family therapy and who clearly



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1represent consumer interests.
2    (e) Board members shall be appointed for terms of 4 years
3each, except that any person chosen to fill a vacancy shall be
4appointed only for the unexpired term of the Board member whom
5he or she shall succeed. Upon the expiration of this term of
6office, a Board member shall continue to serve until a
7successor is appointed and qualified. No member shall serve
8more than 2 consecutive 4-year terms be reappointed to the
9Board for a term that would cause continuous service on the
10Board to be longer than 8 years.
11    (f) The membership of the Board shall reasonably reflect
12representation from the various geographic areas of the State.
13    (g) Members of the Board shall have no liability be immune
14from suit in any action based upon any disciplinary proceedings
15or other activities performed in good faith as members of the
17    (h) The Secretary may remove any member of the Board for
18any cause that, in the opinion of the Secretary, reasonably
19justifies termination.
20    (i) The Secretary may consider the recommendations of the
21Board on questions of standards of professional conduct,
22discipline, and qualification of candidates or licensees under
23this Act.
24    (j) The members of the Board shall be reimbursed for all
25legitimate, necessary, and authorized expenses.
26    (k) A majority of the Board members currently appointed



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1shall constitute a quorum. A vacancy in the membership of the
2Board shall not impair the right of a quorum to exercise all
3the rights and perform all the duties of the Board.
4(Source: P.A. 95-703, eff. 12-31-07.)
5    (225 ILCS 55/30)  (from Ch. 111, par. 8351-30)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 30. Application.
8    (a) Applications for original licensure shall be made to
9the Department in writing on forms or electronically as
10prescribed by the Department and shall be accompanied by the
11appropriate documentation and the required fee, which shall not
12be refundable fee is nonrefundable. Any application shall
13require such information as, in the judgment of the Department,
14will enable the Department to pass on the qualifications of the
15applicant for licensing.
16    (b) Applicants have 3 years from the date of application to
17complete the application process. If the application has not
18been completed within 3 years, the application shall be denied,
19the fee shall be forfeited, and the applicant must reapply and
20meet the requirements in effect at the time of reapplication.
21    (c) A license shall not be denied to an applicant because
22of the applicant's race, religion, creed, national origin,
23political beliefs or activities, age, sex, sexual orientation,
24or physical disability that does not affect a person's ability
25to practice with reasonable judgment, skill, or safety.



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1(Source: P.A. 95-703, eff. 12-31-07.)
2    (225 ILCS 55/40)  (from Ch. 111, par. 8351-40)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 40. Qualifications for licensure.
5    (a) A person is qualified for licensure as a marriage and
6family therapist if that person:
7        (1) is at least 21 years of age;
8        (2) has applied in writing on forms prepared and
9    furnished by the Department;
10        (3) (blank);
11        (4) (blank); has not engaged or is not engaged in any
12    practice or conduct that would be grounds for disciplining
13    a licensee under Section 85 of this Act;
14        (5) satisfies the education and experience
15    requirements of subsection (b) of this Section; and
16        (6) passes a written examination authorized by the
17    Department.
18    (b) Any person who applies to the Department shall be
19issued a marriage and family therapist license by the
20Department if the person meets the qualifications set forth in
21subsection (a) of this Section and provides evidence to the
22Department that the person:
23        (1) holds a master's or doctoral degree in marriage and
24    family therapy approved by the Department from a regionally
25    accredited educational institution; holds a master's or



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1    doctoral degree from a regionally accredited educational
2    institution in marriage and family therapy or in a related
3    field with an equivalent course of study in marriage and
4    family therapy that is recommended by the Board and
5    approved by the Department; or holds a master's or doctoral
6    degree from a program accredited by the Commission on
7    Accreditation for Marriage and Family Therapy Education
8    commission on accreditations for marriage and family
9    therapy education of the American Association for Marriage
10    and Family Therapists;
11        (2) following the receipt of the first qualifying
12    degree, has at least 2 years of experience, as defined by
13    rule, in the practice of marriage and family therapy,
14    including at least 1,000 hours of face-to-face contact with
15    couples and families for the purpose of evaluation and
16    treatment;
17        (3) has completed at least 200 hours of supervision of
18    marriage and family therapy, as defined by rule.
19    (c) Any person who applies to the Department shall be
20issued a temporary license as an associate licensed marriage
21and family therapist by the Department if the person meets the
22qualifications set forth in subsection (a)(1), (2), and (4) of
23this Section and provides evidence to the Department that the
24person meets the qualifications set forth in subsection (b)(1)
25of this Section. A person granted licensure as an associate
26licensed marriage and family therapist is eligible to sit for



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1the written examination specified in paragraph (6) of
2subsection (a) of this Section. The license as an associate
3licensed marriage and family therapist shall not be valid for
4more than 5 years.
5    An associate licensed marriage and family therapist may not
6practice independently and must be clinically supervised by a
7licensed marriage and family therapist or equivalent as defined
8by rule.
9    An associate licensed marriage and family therapist may
10petition the Department for a marriage and family therapist
11license upon completion of the requirements in subsections (a)
12and (b).
13(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
14    (225 ILCS 55/45)  (from Ch. 111, par. 8351-45)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 45. Licenses; renewals; restoration; person in
17military service.
18    (a) The expiration date and renewal period for each license
19issued under this Act shall be set by rule. As a condition for
20renewal of a license, the licensee shall be required to
21complete continuing education under requirements set forth in
22rules of the Department.
23    (b) Any person who has permitted his or her license to
24expire may have his or her license restored by making
25application to the Department and filing proof acceptable to



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1the Department of fitness to have his or her license restored,
2which may include sworn evidence certifying to active practice
3in another jurisdiction satisfactory to the Department,
4complying with any continuing education requirements, and
5paying the required restoration fee.
6    (c) If the person has not maintained an active practice in
7another jurisdiction satisfactory to the Department, the Board
8shall determine, by an evaluation program established by rule,
9the person's fitness to resume active status and may require
10the person to complete a period of evaluated clinical
11experience and successful completion of a practical
13    However, any person whose license expired while he or she
14has been engaged (i) in federal service on active duty with the
15Armed Forces of the United States or called into service or
16training with the State Militia, or (ii) in training or
17education under the supervision of the United States
18preliminary to induction into the military service may have his
19or her license renewed or restored without paying any lapsed
20renewal fees if, within 2 years after honorable termination of
21the service, training or education, except under condition
22other than honorable, he or she furnishes the Department with
23satisfactory evidence to the effect that he or she has been so
24engaged and that the service, training, or education has been
25so terminated.
26    (d) Any person who notifies the Department, in writing on



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1forms prescribed by the Department, may place his or her
2license on inactive status and shall be excused from the
3payment of renewal fees until the person notifies the
4Department in writing of the intention to resume active
6    (e) Any person requesting his or her license be changed
7from inactive to active status shall be required to pay the
8current renewal fee and shall also demonstrate compliance with
9the continuing education requirements.
10    (f) Any marriage and family therapist or associate licensed
11marriage and family therapist whose license is nonrenewed or on
12inactive status shall not engage in the practice of marriage
13and family therapy in the State of Illinois and use the title
14or advertise that he or she performs the services of a
15"licensed marriage and family therapist" or an "associate
16licensed marriage and family therapist".
17    (g) Any person violating subsection (f) of this Section
18shall be considered to be practicing without a license and will
19be subject to the disciplinary provisions of this Act.
20    (h) (Blank).
21(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
22    (225 ILCS 55/65)  (from Ch. 111, par. 8351-65)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 65. Endorsement. The Department may issue a license as
25a licensed marriage and family therapist, without the required



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1examination, to an applicant licensed under the laws of another
2state if the requirements for licensure in that state are, on
3the date of licensure, substantially equivalent equal to the
4requirements of this Act or to a person who, at the time of his
5or her application for licensure, possessed individual
6qualifications that were substantially equivalent to the
7requirements then in force in this State. An applicant under
8this Section shall pay all of the required fees.
9    Applicants have 3 years from the date of application to
10complete the application process. If the process has not been
11completed within the 3 years, the application shall be denied,
12the fee shall be forfeited, and the applicant must reapply and
13meet the requirements in effect at the time of reapplication.
14(Source: P.A. 90-61, eff. 12-30-97.)
15    (225 ILCS 55/70)  (from Ch. 111, par. 8351-70)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 70. Privileged communications and exceptions.
18    (a) No licensed marriage and family therapist or associate
19licensed marriage and family therapist shall disclose any
20information acquired from persons consulting the marriage and
21family therapist or associate licensed marriage and family
22therapist in a professional capacity, except that which may be
23voluntarily disclosed under the following circumstances:
24        (1) In the course of formally reporting, conferring, or
25    consulting with administrative superiors, colleagues, or



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1    consultants who share professional responsibility, in
2    which instance all recipients of the information are
3    similarly bound to regard the communications as
4    privileged;
5        (2) With the written consent of the person who provided
6    the information;
7        (3) In case of death or disability, with the written
8    consent of a personal representative, other person
9    authorized to sue, or the beneficiary of an insurance
10    policy on the person's life, health, or physical condition;
11        (4) When a communication reveals the intended
12    commission of a crime or harmful act and the disclosure is
13    judged necessary by the licensed marriage and family
14    therapist or associate licensed marriage and family
15    therapist to protect any person from a clear, imminent risk
16    of serious mental or physical harm or injury, or to
17    forestall a serious threat to the public safety; or
18        (5) When the person waives the privilege by bringing
19    any public charges, criminal, or civil, against the
20    licensee.
21    (b) Any person having access to records or any one who
22participates in providing marriage and family therapy services
23or who, in providing any human services, is supervised by a
24licensed marriage and family therapist, is similarly bound to
25regard all information and communications as privileged in
26accord with this Section.



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1    (c) The Mental Health and Developmental Disabilities
2Confidentiality Act is incorporated in this Act as if all of
3its provisions were included in this Act.
4(Source: P.A. 91-362, eff. 1-1-00.)
5    (225 ILCS 55/75)  (from Ch. 111, par. 8351-75)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 75. License restrictions and limitations. No business
8organization association, partnership, or professional limited
9liability company shall provide, attempt to provide, or offer
10to provide marriage and family therapy services unless every
11member, partner, shareholder, director, officer, holder of any
12other ownership interest, agent, and employee of the
13association, partnership, or professional limited liability
14company who practices marriage and family therapy or who
15renders marriage and family therapy services holds a currently
16valid current license issued under this Act. No business shall
17be created that (1) has a stated purpose that includes marriage
18and family therapy, or (2) practices or holds itself out as
19available to practice provide, attempt to provide, or offer to
20provide marriage and family therapy, services unless it is
21organized under the Professional Service Corporation Act or
22Professional Limited Liability Company Act. Nothing in this Act
23shall preclude individuals licensed under this Act from
24practicing directly or indirectly for a physician licensed to
25practice medicine in all its branches under the Medical



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1Practice Act of 1987 or for any legal entity as provided under
2subsection (c) of Section 22.2 of the Medical Practice Act of
4(Source: P.A. 99-227, eff. 8-3-15.)
5    (225 ILCS 55/80)  (from Ch. 111, par. 8351-80)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 80. Roster. The Department shall maintain a roster of
8names and addresses of all persons who hold valid licenses
9under this Act and all persons whose licenses have been
10suspended or revoked within the previous year. This roster
11shall be available upon request and payment of the required
13(Source: P.A. 87-783.)
14    (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 85. Refusal, revocation, or suspension.
17    (a) The Department may refuse to issue or renew a license,
18or may revoke a license, or may suspend, reprimand, place on
19probation, fine, or take any other disciplinary or
20non-disciplinary action as the Department may deem proper,
21including the imposition of fines not to exceed $10,000 for
22each violation, with regard to any license issued under the
23provisions of this Act licensee for any one or combination of
24the following grounds causes:



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1        (1) Material misstatement in furnishing information to
2    the Department.
3        (2) Violation Violations of any provision of this Act
4    or its rules.
5        (3) Conviction of or entry of a plea of guilty or nolo
6    contendere, finding of guilt, jury verdict, or entry of
7    judgment or sentencing, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge, or first offender probation, to any
10    crime that is a felony under the laws of any jurisdiction
11    of the United States that is (i) a felony or (ii) or any
12    state or territory thereof or a misdemeanor, of which an
13    essential element of which is dishonesty or that is
14    directly related to the practice of the profession.
15        (4) Fraud or Making any misrepresentation in applying
16    for or procuring for the purpose of obtaining a license
17    under this Act or in connection with applying for renewal
18    or restoration of a license under or violating any
19    provision of this Act or its rules.
20        (5) Professional incompetence.
21        (6) Gross negligence in practice under this Act.
22        (7) Aiding or assisting another person in violating any
23    provision of this Act or its rules.
24        (8) Failing, within 60 30 days, to provide information
25    in response to a written request made by the Department.
26        (9) Engaging in dishonorable, unethical, or



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1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public as defined by the rules of the
3    Department, or violating the rules of professional conduct
4    adopted by the Board and published by the Department.
5        (10) Habitual or excessive use or abuse of drugs
6    defined in law as controlled substances, of addiction to
7    alcohol, narcotics, stimulants, or any other substance
8    chemical agent or drug that results in the inability to
9    practice with reasonable judgment, skill, or safety.
10        (11) Discipline by another jurisdiction state,
11    territory, or country if at least one of the grounds for
12    the discipline is the same or substantially equivalent to
13    those set forth in this Act.
14        (12) Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate, or other form of compensation
17    for any professional services not actually or personally
18    rendered. Nothing in this paragraph (12) affects any bona
19    fide independent contractor or employment arrangements
20    among health care professionals, health facilities, health
21    care providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements may include
23    provisions for compensation, health insurance, pension, or
24    other employment benefits for the provision of services
25    within the scope of the licensee's practice under this Act.
26    Nothing in this paragraph (12) shall be construed to



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1    require an employment arrangement to receive professional
2    fees for services rendered.
3        (13) A finding by the Department that the licensee,
4    after having his or her license placed on probationary
5    status, has violated the terms of probation or failed to
6    comply with the terms.
7        (14) Abandonment of a patient without cause.
8        (15) Willfully making or filing false records or
9    reports relating to a licensee's practice, including but
10    not limited to false records filed with State agencies or
11    departments.
12        (16) Willfully Wilfully failing to report an instance
13    of suspected child abuse or neglect as required by the
14    Abused and Neglected Child Reporting Act.
15        (17) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act and upon
18    proof by clear and convincing evidence that the licensee
19    has caused a child to be an abused child or neglected child
20    as defined in the Abused and Neglected Child Reporting Act.
21        (18) Physical illness or mental illness or impairment,
22    including, but not limited to, deterioration through the
23    aging process or loss of motor skill that results in the
24    inability to practice the profession with reasonable
25    judgment, skill, or safety.
26        (19) Solicitation of professional services by using



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1    false or misleading advertising.
2        (20) A pattern of practice or other behavior that
3    demonstrates incapacity or incompetence to practice under
4    this Act. A finding that licensure has been applied for or
5    obtained by fraudulent means.
6        (21) Practicing under a false or assumed name, except
7    as provided by law. or attempting to practice under a name
8    other than the full name as shown on the license or any
9    other legally authorized name.
10        (22) Gross, willful, and continued overcharging for
11    professional services, including filing false statements
12    for collection of fees or moneys for which services are not
13    rendered.
14        (23) Failure to establish and maintain records of
15    patient care and treatment as required by law.
16        (24) Cheating on or attempting to subvert the licensing
17    examinations administered under this Act.
18        (25) Willfully failing to report an instance of
19    suspected abuse, neglect, financial exploitation, or
20    self-neglect of an eligible adult as defined in and
21    required by the Adult Protective Services Act.
22        (26) Being named as an abuser in a verified report by
23    the Department on Aging and under the Adult Protective
24    Services Act and upon proof by clear and convincing
25    evidence that the licensee abused, neglected, or
26    financially exploited an eligible adult as defined in the



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1    Adult Protective Services Act.
2    (b) The Department shall deny any application for a license
3or renewal, without hearing, under this Act to any person who
4has defaulted on an educational loan guaranteed by the Illinois
5Student Assistance Commission; however, the Department may
6issue a license or renewal if the person in default has
7established a satisfactory repayment record as determined by
8the Illinois Student Assistance Commission.
9    (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission, as
11provided in the Mental Health and Developmental Disabilities
12Code, operates as an automatic suspension. The suspension will
13terminate only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and the issuance of an order so finding and discharging the
16patient, and upon the recommendation of the Board to the
17Secretary that the licensee be allowed to resume his or her
18practice as a licensed marriage and family therapist or an
19associate licensed marriage and family therapist.
20    (d) The Department shall may refuse to issue or may suspend
21the license of any person who fails to file a return, pay the
22tax, penalty, or interest shown in a filed return or pay any
23final assessment of tax, penalty, or interest, as required by
24any tax Act administered by the Illinois Department of Revenue,
25until the time the requirements of the tax Act are satisfied.
26    (e) In enforcing this Section, the Department or Board upon



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1a showing of a possible violation may compel an individual
2licensed to practice under this Act, or who has applied for
3licensure under this Act, to submit to a mental or physical
4examination, or both, which may include a substance abuse or
5sexual offender evaluation, as required by and at the expense
6of the Department.
7    The Department shall specifically designate the examining
8physician licensed to practice medicine in all of its branches
9or, if applicable, the multidisciplinary team involved in
10providing the mental or physical examination or both. The
11multidisciplinary team shall be led by a physician licensed to
12practice medicine in all of its branches and may consist of one
13or more or a combination of physicians licensed to practice
14medicine in all of its branches, licensed clinical
15psychologists, licensed clinical social workers, licensed
16clinical professional counselors, licensed marriage and family
17therapists, and other professional and administrative staff.
18Any examining physician or member of the multidisciplinary team
19may require any person ordered to submit to an examination and
20evaluation pursuant to this Section to submit to any additional
21supplemental testing deemed necessary to complete any
22examination or evaluation process, including, but not limited
23to, blood testing, urinalysis, psychological testing, or
24neuropsychological testing.
25    The Department may order the examining physician or any
26member of the multidisciplinary team to provide to the



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1Department any and all records, including business records,
2that relate to the examination and evaluation, including any
3supplemental testing performed.
4    The Department or Board may order the examining physician
5or any member of the multidisciplinary team to present
6testimony concerning the mental or physical examination of the
7licensee or applicant. No information, report, record, or other
8documents in any way related to the examination shall be
9excluded by reason of any common law or statutory privilege
10relating to communications between the licensee or applicant
11and the examining physician or any member of the
12multidisciplinary team. No authorization is necessary from the
13licensee or applicant ordered to undergo an examination for the
14examining physician or any member of the multidisciplinary team
15to provide information, reports, records, or other documents or
16to provide any testimony regarding the examination and
17evaluation. The examining physicians shall be specifically
18designated by the Board or Department.
19    The individual to be examined may have, at his or her own
20expense, another physician of his or her choice present during
21all aspects of this examination. However, that physician shall
22be present only to observe and may not interfere in any way
23with the examination.
24     Failure of an individual to submit to a mental or physical
25examination, when ordered directed, shall result in an
26automatic be grounds for suspension of his or her license until



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1the individual submits to the examination if the Department
2finds, after notice and hearing, that the refusal to submit to
3the examination was without reasonable cause.
4    If the Department or Board finds an individual unable to
5practice because of the reasons set forth in this Section, the
6Department or Board may require that individual to submit to
7care, counseling, or treatment by physicians approved or
8designated by the Department or Board, as a condition, term, or
9restriction for continued, reinstated, or renewed licensure to
10practice; or, in lieu of care, counseling, or treatment, the
11Department may file, or the Board may recommend to the
12Department to file, a complaint to immediately suspend, revoke,
13or otherwise discipline the license of the individual. An
14individual whose license was granted, continued, reinstated,
15renewed, disciplined or supervised subject to such terms,
16conditions, or restrictions, and who fails to comply with such
17terms, conditions, or restrictions, shall be referred to the
18Secretary for a determination as to whether the individual
19shall have his or her license suspended immediately, pending a
20hearing by the Department.
21    In instances in which the Secretary immediately suspends a
22person's license under this Section, a hearing on that person's
23license must be convened by the Department within 30 days after
24the suspension and completed without appreciable delay. The
25Department and Board shall have the authority to review the
26subject individual's record of treatment and counseling



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1regarding the impairment to the extent permitted by applicable
2federal statutes and regulations safeguarding the
3confidentiality of medical records.
4    An individual licensed under this Act and affected under
5this Section shall be afforded an opportunity to demonstrate to
6the Department or Board that he or she can resume practice in
7compliance with acceptable and prevailing standards under the
8provisions of his or her license.
9    (f) A fine shall be paid within 60 days after the effective
10date of the order imposing the fine or in accordance with the
11terms set forth in the order imposing the fine.
12(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
13    (225 ILCS 55/91)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 91. Unlicensed practice; violation; civil penalty.
16    (a) Any person who practices, offers to practice, attempts
17to practice, or holds himself or herself out to practice as a
18licensed marriage and family therapist or an associate licensed
19marriage and family therapist without being licensed under this
20Act shall, in addition to any other penalty provided by law,
21pay a civil penalty to the Department in an amount not to
22exceed $10,000 for each offense, as determined by the
23Department. The civil penalty shall be assessed by the
24Department after a hearing is held in accordance with the
25provisions set forth in this Act regarding the provision of a



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1hearing for the discipline of a licensee.
2    (b) The Department may investigate any and all unlicensed
4    (c) The civil penalty shall be paid within 60 days after
5the effective date of the order imposing the civil penalty. The
6order shall constitute a judgment and may be filed and
7execution had thereon in the same manner as any judgment from
8any court of record.
9(Source: P.A. 95-703, eff. 12-31-07.)
10    (225 ILCS 55/95)  (from Ch. 111, par. 8351-95)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 95. Investigation; notice and hearing.
13    (a) The Department may investigate the actions or
14qualifications of any person or persons holding or claiming to
15hold a license under this Act.
16    (b) The Department shall, before disciplining an applicant
17or licensee, Before suspending, revoking, placing on
18probationary status, or taking any other disciplinary action as
19the Department may deem proper with regard to any license, at
20least 30 days before the date set for the hearing, the
21Department shall (i) notify the accused in writing of any
22charges made and the time and place for a hearing on the
23charges before the Board, (ii) direct him or her to file a
24written answer to the charges with the Board under oath within
2520 days after the service on him or her of such notice, and



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1(iii) inform the applicant or licensee that failure to him or
2her that if he or she fails to file an answer will result in a ,
3default being entered against the applicant or licensee will be
4taken against him or her and his or her license may be
5suspended, revoked, placed on probationary status, or other
6disciplinary action taken with regard to the license, including
7limiting the scope, nature, or extent of his or her practice,
8as the Department may deem proper.
9    (c) At the time and place fixed in the notice, the Board or
10hearing officer appointed by the Secretary shall proceed to
11hear the charges, and the parties or their counsel shall be
12accorded ample opportunity to present any pertinent
13statements, testimony, evidence, and arguments. The Board or
14hearing officer may continue the hearing from time to time. In
15case the person, after receiving notice, fails to file an
16answer, his or her license may, in the discretion of the
17Secretary having first received the recommendation of the
18Board, Department, be suspended, revoked, placed on
19probationary status, or be subject to the Department may take
20whatever disciplinary action the Secretary considers deemed
21proper, including limiting the scope, nature, or extent of the
22person's practice or the imposition of a fine, without a
23hearing, if the act or acts charged constitute sufficient
24grounds for such action under this Act.
25    (d) Written or electronic notice, and any notice in the
26subsequent proceeding, may be served by personal delivery,



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1email, or by registered or certified mail to the applicant or
2licensee at his or her last address of record or email address
3of record. with the Department. In case the person fails to
4file an answer after receiving notice, his or her license may,
5in the discretion of the Department, be suspended, revoked, or
6placed on probationary status, or the Department may take
7whatever disciplinary action deemed proper, including limiting
8the scope, nature, or extent of the person's practice or the
9imposition of a fine, without a hearing, if the act or acts
10charged constitute sufficient grounds for such action under
11this Act. The written answer shall be served by personal
12delivery, certified delivery, or certified or registered mail
13to the Department. At the time and place fixed in the notice,
14the Department shall proceed to hear the charges and the
15parties or their counsel shall be accorded ample opportunity to
16present such statements, testimony, evidence, and argument as
17may be pertinent to the charges or to the defense thereto. The
18Department may continue such hearing from time to time. At the
19discretion of the Secretary after having first received the
20recommendation of the Board, the accused person's license may
21be suspended or revoked, if the evidence constitutes sufficient
22grounds for such action under this Act.
23(Source: P.A. 95-703, eff. 12-31-07.)
24    (225 ILCS 55/100)  (from Ch. 111, par. 8351-100)
25    (Section scheduled to be repealed on January 1, 2018)



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1    Sec. 100. Record of proceeding. The Department, at its
2expense, shall preserve a record of all proceedings at the
3formal hearing of any case. The notice of hearing, complaint
4and all other documents in the nature of pleadings and written
5motions filed in the proceedings, the transcript of testimony,
6the report of the Board and orders of the Department shall be
7in the record of the proceedings. The Department shall furnish
8a copy transcript of the record to any person interested in the
9hearing upon payment of the fee required under Section 2105-115
10of the Department of Professional Regulation Law (20 ILCS
12(Source: P.A. 91-239, eff. 1-1-00.)
13    (225 ILCS 55/115)  (from Ch. 111, par. 8351-115)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 115. Hearing; motion for rehearing Rehearing.
16    (a) The Board or the hearing officer appointed by the
17Secretary shall hear evidence in support of the formal charges
18and evidence produced by the licensee. At the conclusion of the
19hearing, the Board shall present to the Secretary a written
20report of its findings of fact, conclusions of law, and
21recommendations. If the Board fails to present its report, the
22applicant or licensee may request in writing a direct appeal to
23the Secretary, in which case the Secretary may issue an order
24based upon the report of the hearing officer and the record of
25the proceedings or issue an order remanding the matter back to



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1the hearing officer for additional proceedings in accordance
2with the order.
3    (b) At the conclusion of the hearing, In any hearing
4involving disciplinary action against a licensee, a copy of the
5Board's or hearing officer's report shall be served upon the
6applicant or licensee respondent by the Department, either
7personally or as provided in this Act for the service of the
8notice of hearing. Within 20 calendar days after service, the
9applicant or licensee respondent may present to the Department
10a motion in writing for a rehearing that shall specify the
11particular grounds for rehearing. The Department may respond to
12the motion for rehearing within 20 calendar days after its
13service on the Department. If no motion for rehearing is filed,
14then upon the expiration of the time specified for filing a
15motion, or if a motion for rehearing is denied, then upon
16denial of a motion for rehearing, the Secretary may enter an
17order in accordance with recommendations of the Board or
18hearing officer , except as provided in this Act. If the
19applicant or licensee respondent orders from the reporting
20service, and pays for, a transcript of the record within the
21time for filing a motion for rehearing, the 20 calendar day
22period within which a motion may be filed shall commence upon
23the delivery of the transcript to the applicant or licensee
25    (c) If the Secretary disagrees in any regard with the
26report of the Board, the Secretary may issue an order contrary



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1to the report.
2    (d) Whenever the Secretary is not satisfied that
3substantial justice has been done, the Secretary may order a
4rehearing by the same or another hearing officer.
5    (e) At any point in any investigation or disciplinary
6proceeding provided for in this Act, both parties may agree to
7a negotiated consent order. The consent order shall be final
8upon signature of the Secretary.
9(Source: P.A. 95-703, eff. 12-31-07.)
10    (225 ILCS 55/125)  (from Ch. 111, par. 8351-125)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 125. Appointment of a hearing officer.
13Notwithstanding any other provision of this Act, the The
14Secretary has the authority to appoint any attorney duly
15licensed to practice law in the State of Illinois to serve as
16the hearing officer in any action for refusal to issue or renew
17a license, or to discipline a licensee. The hearing officer
18shall have has full authority to conduct the hearing. The
19hearing officer shall report his findings of fact, conclusions
20of law, and recommendations to the Board and the Secretary. The
21Board has 60 calendar days from receipt of the report to review
22the report of the hearing officer and present its findings of
23fact, conclusions of law and recommendations to the Secretary.
24If the Board fails to present its report within the 60 calendar
25day period, the respondent may request in writing a direct



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1appeal to the Secretary, in which case the Secretary shall,
2within 7 calendar days after the request, issue an order
3directing the Board to issue its findings of fact, conclusions
4of law, and recommendations to the Secretary within 30 calendar
5days after such order. If the Board fails to issue its findings
6of fact, conclusions of law, and recommendations within that
7time frame to the Secretary after the entry of such order, the
8Secretary shall, within 30 calendar days thereafter, issue an
9order based upon the report of the hearing officer and the
10record of the proceedings or issue an order remanding the
11matter back to the hearing officer for additional proceedings
12in accordance with the order. If (i) a direct appeal is
13requested, (ii) the Board fails to issue its findings of fact,
14conclusions of law, and recommendations within the 30-day
15mandate from the Secretary or the Secretary fails to order the
16Board to do so, and (iii) the Secretary fails to issue an order
17within 30 calendar days thereafter, then the hearing officer's
18report is deemed accepted and a final decision of the
19Secretary. Notwithstanding any other provision of this
20Section, if the Secretary, upon review, determines that
21substantial justice has not been done in the revocation,
22suspension, or refusal to issue or renew a license or other
23disciplinary action taken as the result of the entry of the
24hearing officer's report, the Secretary may order a rehearing
25by the same or other examiners. If the Secretary disagrees with
26the recommendation of the Board or the hearing officer, the



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1Secretary may issue an order in contravention of the
3(Source: P.A. 95-703, eff. 12-31-07.)
4    (225 ILCS 55/135)  (from Ch. 111, par. 8351-135)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 135. Restoration. At any time after the successful
7completion of a term of probation, suspension, or revocation of
8any license, the Department may restore the license to the
9licensee accused person, upon the written recommendation of the
10Board, unless after an investigation and a hearing the Board or
11Department determines that restoration is not in the public
12interest. Where circumstances of suspension or revocation so
13indicate, the Department may require an examination of the
14licensee prior to restoring his or her license. No person whose
15license has been revoked as authorized in this Act may apply
16for restoration of that license or permit until such time as
17provided for in the Civil Administrative Code of Illinois.
18(Source: P.A. 87-783.)
19    (225 ILCS 55/145)  (from Ch. 111, par. 8351-145)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 145. Summary suspension. The Secretary may summarily
22suspend the license of a marriage and family therapist or an
23associate licensed marriage and family therapist without a
24hearing, simultaneously with the institution of proceedings



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1for a hearing provided for in this Act, if the Secretary finds
2that evidence in his or her possession indicates that a
3marriage and family therapist's or associate licensed marriage
4and family therapist's continuation in practice would
5constitute an imminent danger to the public. In the event that
6the Secretary summarily suspends the license of a marriage and
7family therapist or an associate licensed marriage and family
8therapist without a hearing, a hearing by the Board or
9Department must be held within 30 calendar days after the
10suspension has occurred.
11(Source: P.A. 95-703, eff. 12-31-07.)
12    (225 ILCS 55/150)  (from Ch. 111, par. 8351-150)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 150. Administrative Judicial review. All final
15administrative decisions of the Department are subject to
16judicial review under the Administrative Review Law and its
17rules. The term "administrative decision" is defined as in
18Section 3-101 of the Code of Civil Procedure.
19    Proceedings for judicial review shall be commenced in the
20circuit court of the county in which the party applying for
21review resides; but if the party is not a resident of this
22State, the venue shall be in Sangamon County.
23(Source: P.A. 87-783.)
24    (225 ILCS 55/155)  (from Ch. 111, par. 8351-155)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 155. Certification of records. The Department shall
3not be required to certify any record to the court Court or
4file any answer in court or otherwise appear in any court in a
5judicial review proceeding, unless and until the Department has
6received from the plaintiff there is filed in the court, with
7the complaint, a receipt from the Department acknowledging
8payment of the costs of furnishing and certifying the record,
9which costs shall be determined by the Department. Failure on
10the part of the plaintiff to file such receipt in Court shall
11be grounds for dismissal of the action.
12(Source: P.A. 87-783.)
13    (225 ILCS 55/156)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 156. Confidentiality. All information collected by
16the Department in the course of an examination or investigation
17of a licensee or applicant, including, but not limited to, any
18complaint against a licensee filed with the Department and
19information collected to investigate any such complaint, shall
20be maintained for the confidential use of the Department and
21shall not be disclosed. The Department shall may not disclose
22the information to anyone other than law enforcement officials,
23other regulatory agencies that have an appropriate regulatory
24interest as determined by the Secretary, or a party presenting
25a lawful subpoena to the Department. Information and documents



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1disclosed to a federal, State, county, or local law enforcement
2agency shall not be disclosed by the agency for any purpose to
3any other agency or person. A formal complaint filed against a
4licensee by the Department or any order issued by the
5Department against a licensee or applicant shall be a public
6record, except as otherwise prohibited by law.
7(Source: P.A. 99-227, eff. 8-3-15.)
8    (225 ILCS 55/165)  (from Ch. 111, par. 8351-165)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 165. Illinois Administrative Procedure Act. The
11Illinois Administrative Procedure Act is expressly adopted and
12incorporated in this Act as if all of the provisions of that
13Act were included in this Act, except that the provision of
14paragraph (d) of Section 10-65 of the Illinois Administrative
15Procedure Act, which provides that at hearings the license
16holder has the right to show compliance with all lawful
17requirements for retention, continuation or renewal of the
18license certificate, is specifically excluded. For the purpose
19of this Act the notice required under Section 10-25 of the
20Illinois Administrative Procedure Act is deemed sufficient
21when mailed to the last known address of a party.
22(Source: P.A. 90-61, eff. 12-30-97.)
23    (225 ILCS 55/170)  (from Ch. 111, par. 8351-170)
24    (Section scheduled to be repealed on January 1, 2018)



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1    Sec. 170. Home rule. The regulation and licensing of
2marriage and family therapists and associate licensed marriage
3and family therapists are exclusive powers and functions of the
4State. A home rule unit may not regulate or license marriage
5and family therapists or associate marriage and family
6therapists. This Section is a denial and limitation of home
7rule powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9(Source: P.A. 91-362, eff. 1-1-00.)
10    Section 15. The Youth Mental Health Protection Act is
11amended by changing Section 15 as follows:
12    (405 ILCS 48/15)
13    Sec. 15. Definitions. For the purposes of this Act:
14    "Mental health provider" means a clinical psychologist
15licensed under the Clinical Psychology Licensing Act; a school
16psychologist as defined in the School Code; a psychiatrist as
17defined in Section 1-121 of the Mental Health and Developmental
18Disabilities Code; a clinical social worker or social worker
19licensed under the Clinical Social Work and Social Work
20Practice Act; a marriage and family therapist or associate
21licensed marriage and family therapist licensed under the
22Marriage and Family Therapy Licensing Act; a professional
23counselor or clinical professional counselor licensed under
24the Professional Counselor and Clinical Professional Counselor



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1Licensing and Practice Act; or any students, interns,
2volunteers, or other persons assisting or acting under the
3direction or guidance of any of these licensed professionals.
4    "Sexual orientation change efforts" or "conversion
5therapy" means any practices or treatments that seek to change
6an individual's sexual orientation, as defined by subsection
7(O-1) of Section 1-103 of the Illinois Human Rights Act,
8including efforts to change behaviors or gender expressions or
9to eliminate or reduce sexual or romantic attractions or
10feelings towards individuals of the same sex. "Sexual
11orientation change efforts" or "conversion therapy" does not
12include counseling or mental health services that provide
13acceptance, support, and understanding of a person without
14seeking to change sexual orientation or mental health services
15that facilitate a person's coping, social support, and gender
16identity exploration and development, including sexual
17orientation neutral interventions to prevent or address
18unlawful conduct or unsafe sexual practices, without seeking to
19change sexual orientation.
20(Source: P.A. 99-411, eff. 1-1-16.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".