Full Text of SB0768 100th General Assembly
SB0768enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | 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repealed on January 1, 2018.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 | 8 | | Acts 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repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.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 | 13 | | Practice 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. | 17 | | The Pharmacy Practice Act. | 18 | | The Home Medical Equipment and Services Provider License | 19 | | Act. | 20 | | The Marriage and Family Therapy Licensing Act. | 21 | | The Nursing Home Administrators Licensing and Disciplinary | 22 | | Act. | 23 | | The Physician Assistant Practice Act of 1987. |
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| 1 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 2 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 3 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 4 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 5 | | 96-328, eff. 8-11-09.) | 6 | | (5 ILCS 80/4.38 new) | 7 | | Sec. 4.38. Act repealed on January 1, 2028. The following | 8 | | Act is repealed on January 1, 2028: | 9 | | The Clinical Social Work and Social Work Practice Act. | 10 | | Section 10. The Clinical Social Work and Social Work | 11 | | Practice Act is amended by changing Sections 3, 4, 5, 6, 7, | 12 | | 7.3, 9, 9A, 10, 14, 19, 21, 22, 25, 26, 28, 30, 31, 32, 33, 34, | 13 | | 36, and 37 as follows:
| 14 | | (225 ILCS 20/3) (from Ch. 111, par. 6353)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 3. Definitions . : The following words and phrases shall | 17 | | have the
meanings ascribed to them in this Section unless the | 18 | | context clearly
indicates otherwise:
| 19 | | 1. "Department" means the Department of Financial and
| 20 | | Professional Regulation.
| 21 | | 2. "Secretary" means the Secretary of Financial and | 22 | | Professional
Regulation.
| 23 | | 3. "Board" means the Social Work Examining and Disciplinary |
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| 1 | | Board.
| 2 | | 4. "Licensed Clinical Social Worker" means a person who | 3 | | holds a license
authorizing the independent practice of | 4 | | clinical social work in Illinois
under the auspices of an | 5 | | employer or in private practice or under the auspices of public | 6 | | human service agencies or private, nonprofit agencies | 7 | | providing publicly sponsored human services.
| 8 | | 5. "Clinical social work practice" means the providing of | 9 | | mental health
services for the evaluation, treatment, and | 10 | | prevention of mental and
emotional disorders in individuals, | 11 | | families , and groups based on knowledge
and theory of | 12 | | professionally accepted theoretical structures, including, but | 13 | | not limited to, psychosocial development, behavior, | 14 | | psychopathology,
unconscious motivation, interpersonal | 15 | | relationships, and environmental stress.
| 16 | | 6. "Treatment procedures" means among other things, | 17 | | individual,
marital, family , and group psychotherapy.
| 18 | | 7. "Independent practice of clinical social work" means the | 19 | | application
of clinical social work knowledge and skills by a | 20 | | licensed clinical social
worker who regulates and is | 21 | | responsible for her or his own practice or
treatment | 22 | | procedures.
| 23 | | 8. "License" means that which is required to practice | 24 | | clinical social
work or social work under this Act, the | 25 | | qualifications for which include specific
education, | 26 | | acceptable experience , and examination requirements.
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| 1 | | 9. "Licensed social worker" means a person who holds a | 2 | | license authorizing
the practice of social work, which includes | 3 | | social services to individuals,
groups or communities in any | 4 | | one
or more of the fields of social casework, social group | 5 | | work, community
organization for social welfare, social work | 6 | | research, social welfare
administration , or social work | 7 | | education. Social casework and social group
work may also | 8 | | include clinical social work, as long as it is not conducted
in | 9 | | an independent practice, as defined in this Section. | 10 | | 10. "Address of record" means the address recorded by the | 11 | | Department in the applicant's application file or the | 12 | | licensee's application file or license file, as maintained by | 13 | | the Department's licensure maintenance unit.
| 14 | | 11. "Email address of record" means the designated email | 15 | | address recorded by the Department in the applicant's | 16 | | application file or the licensee's license file, as maintained | 17 | | by the Department's licensure maintenance unit. | 18 | | (Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
| 19 | | (225 ILCS 20/4) (from Ch. 111, par. 6354)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 4. Exemptions.
| 22 | | 1. This Act does not prohibit any of the following:
| 23 | | (a) Any persons legally regulated in this State under | 24 | | any other Act from
engaging in the practice for which they | 25 | | are authorized, provided that they do
not represent |
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| 1 | | themselves by any title as being engaged in the independent
| 2 | | practice of clinical social work or the practice of social | 3 | | work as defined in
this Act, nor does it prohibit the | 4 | | practice of nonregulated professions whose
practitioners | 5 | | are engaged in the delivery of human services, provided | 6 | | such
practitioners do not represent themselves as or use | 7 | | the title of clinical
social worker or social worker.
| 8 | | (b) The practice of clinical social work or social work | 9 | | by a person who is
employed by the United States government | 10 | | or by the State of Illinois,
unit of local government or | 11 | | any bureau, division or agency thereof while in
the | 12 | | discharge of the employee's official duties. Clinical | 13 | | social workers
employed by the State of Illinois who are | 14 | | hired after the effective date of
this amendatory Act of | 15 | | 1994 shall hold a valid license, issued by this State,
to | 16 | | practice as a licensed clinical social worker, except for | 17 | | those clinical
social workers employed by the State who | 18 | | obtain their positions through
promotion.
| 19 | | (c) The practice of a student pursuing a course of | 20 | | professional
education under the terms of this Act, if | 21 | | these activities and services
constitute a part of such | 22 | | student's supervised course of study.
| 23 | | (d) A person from practicing social work if the person | 24 | | is obtaining experience for licensure as a clinical social | 25 | | worker or social worker, provided the person is designated | 26 | | by a title that clearly indicates training status. |
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| 1 | | 2. Nothing in this Act shall be construed to apply to any | 2 | | person engaged
in the bona fide practice of religious ministry | 3 | | provided the person does not
hold himself out to be engaged in | 4 | | the independent practice of clinical social
work or the | 5 | | practice of social work.
| 6 | | 3. This Act does not prohibit a person serving as a | 7 | | volunteer so long
as no representation prohibited by this | 8 | | Section is made.
| 9 | | 4. Nothing contained in this Act shall be construed to | 10 | | require any
hospital, clinic, home health agency, hospice, or | 11 | | other entity which
provides health care to employ or to | 12 | | contract with a licensed clinical
social worker to provide | 13 | | clinical social work practice or the independent
practice of | 14 | | clinical social work as described in this Act.
| 15 | | (Source: P.A. 88-620, eff. 1-1-95 .)
| 16 | | (225 ILCS 20/5) (from Ch. 111, par. 6355)
| 17 | | (Section scheduled to be repealed on January 1, 2018)
| 18 | | Sec. 5. Powers and duties of the Department. Subject to the | 19 | | provisions of this Act, the 1. The Department shall exercise | 20 | | the following functions, powers , and duties : as set
forth in | 21 | | this Act.
| 22 | | (1) Conduct or authorize examinations to ascertain the | 23 | | qualifications and fitness of candidates for a license to | 24 | | engage in the independent practice of clinical social work | 25 | | and in the practice of social work, pass upon the |
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| 1 | | qualifications of applicants for licenses, and issue | 2 | | licenses to those who are found to be fit and qualified. | 3 | | (2) Adopt rules required for the administration and | 4 | | enforcement of this Act. | 5 | | (3) Adopt rules for determining approved undergraduate | 6 | | and graduate social work degree programs and prepare and | 7 | | maintain a list of colleges and universities offering such | 8 | | approved programs whose graduates, if they otherwise meet | 9 | | the requirements of this Act, are eligible to apply for a | 10 | | license. | 11 | | (4) Prescribe forms to be issued for the administration | 12 | | and enforcement of this Act consistent with and reflecting | 13 | | the requirements of this Act and rules adopted pursuant to | 14 | | this Act. | 15 | | (5)
Conduct investigations related to possible | 16 | | violations of this Act. | 17 | | (6) Maintain rosters of the names and addresses of all | 18 | | persons who hold valid licenses under this Act. These | 19 | | rosters shall be available upon written request and payment | 20 | | of the required fee. | 21 | | 2. The Secretary shall promulgate rules consistent with the | 22 | | provisions of
this Act for the administration and enforcement | 23 | | thereof, and shall
prescribe forms which shall be issued in | 24 | | connection therewith.
| 25 | | 3. In addition, the Department shall:
| 26 | | (a) Establish rules for determining approved |
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| 1 | | undergraduate
and graduate social work degree
programs and | 2 | | prepare and maintain a list of colleges and universities
| 3 | | offering such approved programs whose graduates, if they | 4 | | otherwise meet the
requirements of this Act, are eligible | 5 | | to apply for a license.
| 6 | | (b) Promulgate rules, as may be necessary, for the | 7 | | administration of
this Act and to carry out the purposes | 8 | | thereof and to adopt the methods of
examination of | 9 | | candidates and to provide for the issuance of licenses
| 10 | | authorizing the independent practice of clinical social | 11 | | work or the
practice of social work.
| 12 | | (c) Authorize examinations to ascertain the | 13 | | qualifications and fitness
of candidates for a license to | 14 | | engage in the independent practice of
clinical social work | 15 | | and in the practice of social work, and to
determine the | 16 | | qualifications of applicants from
other jurisdictions to | 17 | | practice in Illinois.
| 18 | | (d) Maintain rosters of the names and addresses of all | 19 | | licensees, and
all persons whose licenses have been | 20 | | suspended, revoked or denied renewal
for cause within the | 21 | | previous calendar year. These rosters shall be
available | 22 | | upon written request and payment of the required fee.
| 23 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 24 | | (225 ILCS 20/6) (from Ch. 111, par. 6356)
| 25 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 6. Social Work Examining and Disciplinary Board.
| 2 | | (1) The Secretary shall appoint a Social Work Examining and
| 3 | | Disciplinary Board consisting of 9 persons who shall serve in | 4 | | an
advisory capacity to the Secretary. The Board shall be | 5 | | composed of 6
licensed clinical social workers, one of whom | 6 | | shall be employed in a public human service agency, one of whom | 7 | | shall be a certified school
social worker, one of whom shall be | 8 | | employed in the private not-for-profit
sector and one of whom | 9 | | shall serve as the chairperson, 2 two licensed social
workers, | 10 | | and one member of the public who is not regulated under this | 11 | | Act
or a similar Act and who clearly represents consumer | 12 | | interests.
| 13 | | (2) Members shall serve for a term of 4 years each, except | 14 | | that any person chosen to fill a vacancy shall be appointed | 15 | | only for the unexpired term of the Board member whom he or she | 16 | | shall succeed. Upon the expiration of this term of office, a | 17 | | Board member shall continue to serve until a successor is and | 18 | | until their
successors are appointed and qualified. No member | 19 | | shall serve more than 2 consecutive 4-year terms be
reappointed | 20 | | if such reappointment would cause that person's service on the
| 21 | | Board to be longer than 8 successive years. Appointments to | 22 | | fill vacancies
for the unexpired portion of a vacated term | 23 | | shall be made in the same
manner as original appointments .
| 24 | | (3) The membership of the Board should represent racial and | 25 | | cultural diversity and reasonably reflect
representation from | 26 | | different geographic areas of Illinois.
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| 1 | | (4) The Secretary may terminate the appointment of any | 2 | | member for
cause.
| 3 | | (5) The Secretary may shall consider the recommendation of | 4 | | the Board
on all matters and questions relating to this Act , | 5 | | such as: (i) matters relating to continuing education, | 6 | | including the number of hours necessary for license renewal, | 7 | | waivers for those unable to meet such requirements, and | 8 | | acceptable course content and (ii) rules for administration of | 9 | | this Act .
| 10 | | (6) (Blank). The Board is charged with the duties and | 11 | | responsibilities of
recommending to the Secretary the adoption | 12 | | of all policies, procedures and
rules which may be required or | 13 | | deemed advisable in order to perform the
duties and functions | 14 | | conferred on the Board, the Secretary and the
Department to | 15 | | carry out the provisions of this Act.
| 16 | | (7) (Blank). The Board may make recommendations on all | 17 | | matters relating to
continuing education including the number | 18 | | of hours necessary for license
renewal, waivers for those | 19 | | unable to meet such requirements and acceptable
course content. | 20 | | Such recommendations shall not impose an undue burden on
the | 21 | | Department or an unreasonable restriction on those seeking | 22 | | license renewal.
| 23 | | (8) The Board shall annually elect one of its members as | 24 | | chairperson and
one as vice chairperson.
| 25 | | (9) Members of the Board shall be reimbursed for all | 26 | | authorized legitimate ,
and necessary , and authorized expenses |
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| 1 | | incurred in attending the meetings of the Board .
| 2 | | (10) A majority of the Board members currently appointed | 3 | | shall constitute a
quorum. A vacancy in the membership of the | 4 | | Board shall not impair the right of
a quorum to perform all of | 5 | | the duties of the Board.
| 6 | | (11) Members of the Board shall have no liability in an | 7 | | action based upon
a disciplinary proceeding or other activity | 8 | | performed in good faith as a
member of the Board.
| 9 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 10 | | (225 ILCS 20/7) (from Ch. 111, par. 6357)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 7. Applications for original license. Applications | 13 | | for original
licenses shall be made to the Department on forms | 14 | | or electronically as prescribed by the
Department and | 15 | | accompanied by the required fee which shall not be refundable.
| 16 | | All applications shall contain such information which, in the | 17 | | judgment of the
Department, will enable the Department to pass | 18 | | on the qualifications of
the applicant for a license as a | 19 | | licensed clinical social
worker or as a licensed social worker.
| 20 | | A license to practice shall not be denied an applicant | 21 | | because of the
applicant's race, religion, creed, national | 22 | | origin, political beliefs or
activities, age, sex, sexual | 23 | | orientation, or physical disability that does not affect a | 24 | | person's ability to practice with reasonable judgment, skill, | 25 | | or safety impairment .
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| 1 | | Applicants have 3 years from the date of application to | 2 | | complete the
application process. If the process has not been | 3 | | completed in 3 years, the
application shall be denied, the fee | 4 | | shall be forfeited, and the applicant must
reapply and meet the | 5 | | requirements in effect at the time of reapplication.
| 6 | | (Source: P.A. 90-150, eff. 12-30-97 .)
| 7 | | (225 ILCS 20/7.3) | 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 7.3. Address of record; email address of record Change | 10 | | of address . All applicants and licensees shall: | 11 | | (1) provide a valid address and email address to the | 12 | | Department, which shall serve as the address of record and | 13 | | email address of record, respectively, at the time of | 14 | | application for licensure or renewal of a license; and | 15 | | (2) An applicant or licensee must inform the Department | 16 | | of any change of address of record or email address of | 17 | | record within 14 days after , and such change changes must | 18 | | be made either through the Department's website or by | 19 | | contacting the Department's licensure maintenance unit.
| 20 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 21 | | (225 ILCS 20/9) (from Ch. 111, par. 6359)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 9. Qualifications Qualification for clinical social | 24 | | worker license. A person shall be qualified to be
licensed as a |
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| 1 | | clinical social worker if that person and the Department shall | 2 | | issue a
license authorizing the independent practice of | 3 | | clinical social work to
an applicant who :
| 4 | | (1) has applied in writing on the prescribed form;
| 5 | | (2) is of good moral character. In determining good | 6 | | moral
character, the Department may take into | 7 | | consideration whether the applicant was
engaged in conduct | 8 | | or actions that would constitute grounds for discipline
| 9 | | under this
Act;
| 10 | | (3) (a) (A) demonstrates to the satisfaction of the | 11 | | Department
that
subsequent to securing a master's degree in | 12 | | social work from an approved
program the applicant has | 13 | | successfully completed at least 3,000 hours of
| 14 | | satisfactory, supervised clinical professional experience; | 15 | | or
| 16 | | (b) (B) demonstrates to the satisfaction of the | 17 | | Department that
such
applicant has received a doctor's | 18 | | degree in social work from an approved
program and has | 19 | | completed at least 2,000 hours of satisfactory, supervised
| 20 | | clinical professional experience subsequent to the degree;
| 21 | | (4) has passed the examination for the practice of | 22 | | clinical
social work
as authorized by the Department; and
| 23 | | (5) has paid the required fees.
| 24 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 25 | | (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 9A. Qualifications for license as licensed social | 3 | | worker. A
person shall be qualified to be licensed as a | 4 | | licensed social worker if that person and
the Department shall | 5 | | issue a license authorizing the practice of social
work to an | 6 | | applicant who :
| 7 | | (1) has applied in writing on the prescribed form;
| 8 | | (2) is of good moral character, as defined in | 9 | | subsection (2) of
Section 9;
| 10 | | (3)(a) has a degree from a graduate program of social | 11 | | work
approved by the Department; or
| 12 | | (b) has a degree in social work from an undergraduate
| 13 | | program approved by the Department and has successfully | 14 | | completed at least
3 years of supervised professional | 15 | | experience subsequent to obtaining the
degree as | 16 | | established by rule. If
no supervision by a licensed social | 17 | | worker or a licensed clinical social
worker is available, | 18 | | then supervised professional experience may include
| 19 | | supervision by other appropriate disciplines as defined by | 20 | | rule;
| 21 | | (4) has passed the examination for the practice of | 22 | | social work as
a licensed social worker as authorized by | 23 | | the Department; and
| 24 | | (5) has paid the required fees.
| 25 | | (Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99 .)
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| 1 | | (225 ILCS 20/10) (from Ch. 111, par. 6360)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 10. License restrictions and limitations.
| 4 | | (a) No person shall, without a currently valid license as a | 5 | | social worker
issued by the Department: (i) in any manner hold | 6 | | himself or herself out to the
public as a social worker under | 7 | | this Act; (ii) use the title "social worker" or
"licensed | 8 | | social worker"; or (iii) offer to render to individuals,
| 9 | | corporations, or the public social work services if the words | 10 | | "social work" or
"licensed social worker" are used to describe | 11 | | the person offering to render or
rendering the services or to | 12 | | describe the services rendered or offered to be
rendered.
| 13 | | (b) No person shall, without a currently valid license as a | 14 | | clinical social worker
issued by the Department: (i) in any | 15 | | manner hold himself or herself out to the
public as a clinical | 16 | | social worker or licensed clinical social worker under
this | 17 | | Act; (ii) use the title "clinical social worker" or "licensed | 18 | | clinical
social worker"; or (iii) offer to render to | 19 | | individuals, corporations, or the
public clinical social work | 20 | | services if the words "licensed clinical social
worker" or | 21 | | "clinical social work" are used to describe the person to | 22 | | render or
rendering the services or to describe the
services | 23 | | rendered or offered to be rendered.
| 24 | | (c) Licensed social workers may not engage in independent | 25 | | practice of
clinical social work without a clinical social | 26 | | worker license. In independent
practice, a licensed social |
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| 1 | | worker shall practice at all times under the order,
control, | 2 | | and full professional responsibility of a licensed clinical | 3 | | social
worker, a licensed clinical psychologist, a licensed | 4 | | clinical professional counselor, a licensed marriage and | 5 | | family therapist, or a psychiatrist, as defined in
Section | 6 | | 1-121 of the Mental Health and Developmental Disabilities Code.
| 7 | | (d) No business organization association, partnership, or | 8 | | professional limited liability company shall provide, attempt | 9 | | to provide, or offer to provide social work or clinical social | 10 | | work services unless every
member, shareholder, partner, | 11 | | director, officer, holder of any other ownership interest, and | 12 | | employee of the association, partnership, or professional | 13 | | limited liability company who practices
social work or clinical | 14 | | social work or who renders social work or clinical
social work | 15 | | services holds a currently valid current license issued under | 16 | | this Act.
No business shall be created that (1) has a stated | 17 | | purpose that includes social work or clinical social work, or | 18 | | (2) provides provide , attempts attempt to provide, or offers | 19 | | offer to provide social work or clinical social work services | 20 | | unless it is organized under the
Professional Service | 21 | | Corporation Act, the Medical Corporation Act, or the | 22 | | Professional Limited Liability Company Act.
| 23 | | (e) Nothing in this Act shall preclude individuals licensed | 24 | | under this Act from practicing directly or indirectly for a | 25 | | physician licensed to practice medicine in all its branches | 26 | | under the Medical Practice Act of 1987 or for any legal entity |
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| 1 | | as provided under subsection (c) of Section 22.2 of the Medical | 2 | | Practice Act of 1987. | 3 | | (f) Nothing in this Act shall preclude individuals licensed | 4 | | under this Act from practicing directly or indirectly for any | 5 | | hospital licensed under the Hospital Licensing Act or any | 6 | | hospital affiliate as defined in Section 10.8 of the Hospital | 7 | | Licensing Act and any hospital authorized under the University | 8 | | of Illinois Hospital Act. | 9 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 10 | | (225 ILCS 20/14) (from Ch. 111, par. 6364)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 14. Checks or order to Department dishonored because | 13 | | of insufficient
funds.
Any person who delivers a check or other | 14 | | payment to the Department that
is returned to the Department | 15 | | unpaid by the financial institution upon
which it is drawn | 16 | | shall pay to the Department, in addition to the amount
already | 17 | | owed to the Department, a fine of $50. The fines imposed by | 18 | | this Section are in addition
to any other discipline provided | 19 | | under this Act for unlicensed
practice or practice on a | 20 | | nonrenewed license. The Department shall notify
the person that | 21 | | payment of fees and fines shall be paid to the Department
by | 22 | | certified check or money order within 30 calendar days of the
| 23 | | notification. If, after the expiration of 30 days from the date | 24 | | of the
notification, the person has failed to submit the | 25 | | necessary remittance, the
Department shall automatically |
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| 1 | | terminate the license or certificate or deny
the application, | 2 | | without hearing. If, after termination or denial, the
person | 3 | | seeks a license or certificate , he or she shall apply to the
| 4 | | Department for restoration or issuance of the license or | 5 | | certificate and
pay all fees and fines due to the Department. | 6 | | The Department may establish
a fee for the processing of an | 7 | | application for restoration of a license or
certificate to pay | 8 | | all expenses of processing this application. The Secretary
may | 9 | | waive the fines due under this Section in individual cases | 10 | | where the Secretary finds that the fines would be unreasonable | 11 | | or unnecessarily
burdensome.
| 12 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 13 | | (225 ILCS 20/19) (from Ch. 111, par. 6369)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 19. Grounds for disciplinary action.
| 16 | | (1) The Department may refuse to issue or , refuse to renew | 17 | | a license , or may suspend, or
revoke any license , or may place | 18 | | on probation, censure, reprimand, or take
any other | 19 | | disciplinary or non-disciplinary action deemed appropriate by | 20 | | the Department, including the
imposition of fines not to exceed | 21 | | $10,000
for each violation, with regard to any
license issued | 22 | | under the provisions of this Act for any one or a combination | 23 | | of
the following grounds reasons :
| 24 | | (a) material misstatements of fact in furnishing | 25 | | information to the
Department or to any other State agency |
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| 1 | | or in furnishing information to any
insurance company with | 2 | | respect to a claim on behalf of a licensee or a patient;
| 3 | | (b) violations or negligent or intentional disregard | 4 | | of this Act, or any
of the rules promulgated hereunder;
| 5 | | (c) conviction of or entry of a plea of guilty or nolo | 6 | | contendere , 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 or any
state or territory thereof or | 12 | | that is (i) a felony or (ii) a misdemeanor, of
which an | 13 | | essential
element of which is dishonesty, or any crime that | 14 | | is directly related
to the practice of the clinical social | 15 | | work or social work professions;
| 16 | | (d) fraud or making any misrepresentation in applying | 17 | | for or procuring a license under for the purpose of | 18 | | obtaining licenses,
or violating any provision of this Act | 19 | | or in connection with applying for renewal or restoration | 20 | | of a license under this Act any of the rules promulgated
| 21 | | hereunder ;
| 22 | | (e) professional incompetence;
| 23 | | (f) gross negligence in practice under this Act | 24 | | malpractice ;
| 25 | | (g) aiding or assisting another person in violating any | 26 | | provision of this
Act or its any rules;
|
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| 1 | | (h) failing to provide information within 60 30 days in | 2 | | response to a
written request made by the Department;
| 3 | | (i) engaging in dishonorable, unethical or | 4 | | unprofessional conduct of a
character likely to deceive, | 5 | | defraud or harm the public as defined by the
rules of the | 6 | | Department, or violating the rules of professional conduct
| 7 | | adopted by the Board and published by the Department;
| 8 | | (j) habitual
or excessive use or abuse of drugs defined | 9 | | in law as controlled substances, of addiction to alcohol, | 10 | | narcotics, stimulants, or of any other substances
chemical | 11 | | agent or drug that results in the a clinical social | 12 | | worker's or social
worker's inability to practice
with | 13 | | reasonable judgment, skill, or safety;
| 14 | | (k) adverse action taken discipline by another state or | 15 | | jurisdiction, if at least one of the grounds
for the | 16 | | discipline is the same or substantially equivalent to those | 17 | | set
forth in this Section;
| 18 | | (l) directly or indirectly giving to or receiving from | 19 | | any person, firm,
corporation, partnership, or association | 20 | | any fee, commission, rebate or
other form of compensation | 21 | | for any professional service not actually rendered. | 22 | | Nothing in this paragraph (l) affects any bona fide | 23 | | independent contractor or employment arrangements among | 24 | | health care professionals, health facilities, health care | 25 | | providers, or other entities, except as otherwise | 26 | | prohibited by law. Any employment arrangements may include |
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| 1 | | provisions for compensation, health insurance, pension, or | 2 | | other employment benefits for the provision of services | 3 | | within the scope of the licensee's practice under this Act. | 4 | | Nothing in this paragraph (l) shall be construed to require | 5 | | an employment arrangement to receive professional fees for | 6 | | services rendered;
| 7 | | (m) a finding by the Department Board that the | 8 | | licensee, after having the license
placed on probationary | 9 | | status, has violated the terms of probation or failed to | 10 | | comply with such terms ;
| 11 | | (n) abandonment, without cause, of a client;
| 12 | | (o) willfully making or wilfully filing false records | 13 | | or reports relating to a licensee's practice,
including , | 14 | | but not limited to , false records filed with Federal or | 15 | | State
agencies or departments;
| 16 | | (p) willfully wilfully failing to report an instance of | 17 | | suspected child abuse or
neglect as required by the Abused | 18 | | and Neglected Child Reporting Act;
| 19 | | (q) being named as a perpetrator in an indicated report | 20 | | by the
Department of Children and Family Services under the | 21 | | Abused and
Neglected Child Reporting Act, and upon proof by | 22 | | clear and convincing evidence
that the licensee has caused | 23 | | a child to be or failed to take reasonable steps to prevent | 24 | | a child from being an abused child or neglected child
as | 25 | | defined in the Abused and Neglected Child Reporting Act;
| 26 | | (r) physical illness, mental illness, or any other |
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| 1 | | impairment or disability, including, but not limited to,
| 2 | | deterioration through the
aging process, or loss of motor | 3 | | skills that results in the inability
to practice the | 4 | | profession with reasonable judgment, skill or safety;
| 5 | | (s) solicitation of professional services by using | 6 | | false or
misleading advertising; or
| 7 | | (t) violation of the Health Care Worker Self-Referral | 8 | | Act ; .
| 9 | | (u) willfully failing to report an instance of | 10 | | suspected abuse, neglect, financial exploitation, or | 11 | | self-neglect of an eligible adult as defined in and | 12 | | required by the Adult Protective Services Act; or | 13 | | (v) being named as an abuser in a verified report by | 14 | | the Department on Aging under the Adult Protective Services | 15 | | Act, and upon proof by clear and convincing evidence that | 16 | | the licensee abused, neglected, or financially exploited | 17 | | an eligible adult as defined in the Adult Protective | 18 | | Services Act. | 19 | | (2) (Blank).
| 20 | | (3) The determination by a court that a licensee is subject | 21 | | to
involuntary
admission or judicial admission as provided in | 22 | | the Mental Health and
Developmental Disabilities Code, will | 23 | | result in an automatic suspension of his
license. Such | 24 | | suspension will end upon a finding by a court that the licensee
| 25 | | is no longer subject to involuntary admission or judicial | 26 | | admission and issues
an order so finding and discharging the |
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| 1 | | patient, and upon the recommendation of
the Board to the | 2 | | Secretary that the licensee be allowed to resume professional
| 3 | | practice.
| 4 | | (4) The Department shall may refuse to issue or renew or | 5 | | may suspend the license of a
person who (i) fails to file a | 6 | | return, pay the tax, penalty, or interest shown in a
filed | 7 | | return, or pay any final assessment of tax, penalty, or | 8 | | interest, as
required by any tax Act administered by the | 9 | | Department of Revenue,
until the requirements of the tax Act | 10 | | are satisfied or (ii) has failed to pay any court-ordered child | 11 | | support as determined by a court order or by
referral from the | 12 | | Department of Healthcare and Family Services.
| 13 | | (5) (a) In enforcing this Section, the Department or Board , | 14 | | upon a showing of a possible
violation , may compel a person | 15 | | licensed to practice under this Act, or
who has applied for | 16 | | licensure under or certification pursuant to this Act, to | 17 | | submit
to a mental or physical examination, or both, which may | 18 | | include a substance abuse or sexual offender evaluation, as | 19 | | required by and at the expense
of the Department. | 20 | | (b) The Department shall specifically designate the | 21 | | examining physician licensed to practice medicine in all of its | 22 | | branches or, if applicable, the multidisciplinary team | 23 | | involved in providing the mental or physical examination or | 24 | | both. The multidisciplinary team shall be led by a physician | 25 | | licensed to practice medicine in all of its branches and may | 26 | | consist of one or more or a combination of physicians licensed |
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| 1 | | to practice medicine in all of its branches, licensed clinical | 2 | | psychologists, licensed clinical social workers, licensed | 3 | | clinical professional counselors, and other professional and | 4 | | administrative staff. Any examining physician or member of the | 5 | | multidisciplinary team may require any person ordered to submit | 6 | | to an examination pursuant to this Section to submit to any | 7 | | additional supplemental testing deemed necessary to complete | 8 | | any examination or evaluation process, including, but not | 9 | | limited to, blood testing, urinalysis, psychological testing, | 10 | | or neuropsychological testing. physicians
shall be those | 11 | | specifically designated by the Board.
| 12 | | (c) The Board or the Department may order the examining | 13 | | physician or any member of the multidisciplinary team
to | 14 | | present testimony concerning this mental or physical
| 15 | | examination
of the licensee or applicant. No information , | 16 | | report, record, or other documents in any way related to the | 17 | | examination shall be excluded by reason of
any common law or | 18 | | statutory privilege relating to communications between the
| 19 | | licensee or applicant and the examining physician or any member | 20 | | of the multidisciplinary team .
No authorization is necessary | 21 | | from the licensee or applicant ordered to undergo an | 22 | | examination for the examining physician or any member of the | 23 | | multidisciplinary team to provide information, reports, | 24 | | records, or other documents or to provide any testimony | 25 | | regarding the examination and evaluation. | 26 | | (d) The person to be examined may have, at his or her own |
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| 1 | | expense, another
physician of his or her choice present during | 2 | | all
aspects of the examination. However, that physician shall | 3 | | be present only to observe and may not interfere in any way | 4 | | with the examination. | 5 | | (e) Failure of any person to submit to a mental or
physical | 6 | | examination without reasonable cause , when ordered directed , | 7 | | shall result in an automatic be grounds for suspension of his | 8 | | or her a
license until the person submits to the examination if | 9 | | the Board finds,
after notice and hearing, that the refusal to | 10 | | submit to the examination was
without reasonable cause .
| 11 | | (f) If the Department or Board finds a person unable to | 12 | | practice because of the reasons
set forth in this Section, the | 13 | | Department or Board may require that person to submit to
care, | 14 | | counseling, or treatment by physicians
approved
or designated | 15 | | by the Department or Board, as a condition, term, or | 16 | | restriction for continued,
reinstated, or
renewed licensure to | 17 | | practice; or, in lieu of care, counseling or treatment,
the | 18 | | Department may file, or the
Board may recommend to the | 19 | | Department to file , a complaint to immediately
suspend, revoke , | 20 | | or otherwise discipline the license of the person.
Any person | 21 | | whose
license was granted, continued, reinstated, renewed, | 22 | | disciplined or supervised
subject to such terms, conditions or | 23 | | restrictions, and who fails to comply with
such terms, | 24 | | conditions, or restrictions, shall be referred to the Secretary | 25 | | for
a
determination as to whether the person shall have his or | 26 | | her license
suspended immediately, pending a hearing by the |
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| 1 | | Department Board .
| 2 | | (g) All fines imposed shall be paid within 60 days after | 3 | | the effective date of the order imposing the fine or in | 4 | | accordance with the terms set forth in the order imposing the | 5 | | fine. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | person's license
under this Section, a hearing on that person's | 8 | | license must be convened by
the Department Board within 30 days | 9 | | after the suspension and completed without appreciable
delay.
| 10 | | The Department and Board shall have the authority to review the | 11 | | subject person's record of
treatment and counseling regarding | 12 | | the impairment, to the extent permitted by
applicable federal | 13 | | statutes and regulations safeguarding the confidentiality of
| 14 | | medical records.
| 15 | | A person licensed under this Act and affected under this | 16 | | Section shall
be
afforded an opportunity to demonstrate to the | 17 | | Department or Board that he or she can resume
practice in | 18 | | compliance with acceptable and prevailing standards under the
| 19 | | provisions of his or her license.
| 20 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 21 | | (225 ILCS 20/21) (from Ch. 111, par. 6371)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 21. Investigations; notice and hearing. | 24 | | (a) The Department may
investigate the actions of any | 25 | | applicant or of any person holding or
claiming to hold a |
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| 1 | | license under this Act . | 2 | | (b) The Department shall, before disciplining an applicant | 3 | | or licensee refusing to issue
or renew a license , at least 30 | 4 | | days prior to the date set for the
hearing : (i) ,
notify, in | 5 | | writing, the accused applicant for, or holder of, a license of | 6 | | the nature
of the charges made and the time and place for the | 7 | | that a hearing on the charges, (ii) will be held on the date | 8 | | designated.
The Department shall direct him or her the | 9 | | applicant or licensee to file a written
answer to the charges | 10 | | Board under oath within 20 days after the service of the
| 11 | | notice , and (iii) inform the applicant or licensee that failure | 12 | | to file an answer
will result in a default being entered taken | 13 | | against the applicant or licensee and
that the license or | 14 | | certificate may be
suspended, revoked, placed on probationary | 15 | | status, or other disciplinary
action may be taken, including | 16 | | limiting the scope, nature or extent of
practice, as the | 17 | | Secretary may deem proper . | 18 | | (c) Written or electronic notice , and any notice in the | 19 | | subsequent proceeding, may be served by personal delivery , by | 20 | | email, or by certified or
registered mail to the applicant or | 21 | | licensee at his or her the applicant's last address of record | 22 | | or email address of record .
In case the person fails to file an | 23 | | answer after receiving notice, his or
her license or | 24 | | certificate may, in the discretion of the Department, be
| 25 | | suspended, revoked, or placed on probationary status, or the | 26 | | Department may
take whatever disciplinary action deemed |
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| 1 | | proper, including limiting the
scope, nature, or extent of the | 2 | | person's practice or the imposition of a
fine, without a | 3 | | hearing, if the act or acts charged constitute sufficient
| 4 | | grounds for such action under this Act.
| 5 | | (d) At the time and place fixed in the notice,
the Board or | 6 | | hearing officer appointed by the Secretary shall proceed to | 7 | | hear the charges and the parties or their
counsel shall be | 8 | | accorded ample opportunity to present any statements,
| 9 | | testimony, evidence and argument as may be pertinent to the | 10 | | charges or to
their defense. The Board or hearing officer may | 11 | | continue the a hearing from time to time.
| 12 | | (e) In case the person, after receiving the notice, fails | 13 | | to file an answer, his or her license may, in the discretion of | 14 | | the Secretary, having first received the recommendation of the | 15 | | Board, be suspended, revoked, or placed on probationary status, | 16 | | or be subject to whatever disciplinary action the Secretary | 17 | | considers proper, including limiting the scope, nature, or | 18 | | extent of the person's practice or the imposition of a fine, | 19 | | without hearing, if the act or acts charged constitute | 20 | | sufficient grounds for that action under this Act. | 21 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 22 | | (225 ILCS 20/22) (from Ch. 111, par. 6372)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 22. Record of proceedings Proceedings ; transcript. | 25 | | The Department, at its
expense, shall preserve a record of all |
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| 1 | | proceedings at the formal hearing
of any case involving the | 2 | | refusal to issue or to renew a license . The
notice of hearing, | 3 | | complaint, all other documents in the nature of
pleadings, | 4 | | written motions filed in the proceedings, the transcript of
| 5 | | testimony, the report of the Board and orders of the Department | 6 | | shall be in
the record of such proceeding.
The Department shall | 7 | | furnish a copy transcript of the record to any person upon
| 8 | | payment of the fee required under Section 2105-115 of the
| 9 | | Department of Professional Regulation Law (20 ILCS | 10 | | 2105/2105-115).
| 11 | | (Source: P.A. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00 .)
| 12 | | (225 ILCS 20/25) (from Ch. 111, par. 6375)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 25. Findings and recommendations. At the conclusion of | 15 | | the
hearing the Board shall present to the Secretary a written | 16 | | report of its
findings of fact, conclusions of law and | 17 | | recommendations. The report shall
contain a finding whether or | 18 | | not the licensee violated this act or
failed to comply with the | 19 | | conditions required in this Act. The Board shall
specify the | 20 | | nature of the violation or failure to comply, and shall make
| 21 | | its recommendations to the Secretary.
| 22 | | The report of findings of fact, conclusions of law , and | 23 | | recommendation of
the Board shall be the basis for the | 24 | | Department's order or refusal or for
the granting of the | 25 | | license. If the Secretary disagrees with the
recommendations of |
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| 1 | | the Board, the Secretary may issue an order in
contravention | 2 | | thereof. The Secretary shall provide a written report to the
| 3 | | Board on any disagreement and shall specify the reasons for | 4 | | said action in
the final order. The finding is not admissible | 5 | | in evidence against the
person in a criminal prosecution | 6 | | brought for the violation of this Act, but
the hearing and | 7 | | findings are not a bar to a criminal prosecution brought for
| 8 | | the violation of this Act.
| 9 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 10 | | (225 ILCS 20/26) (from Ch. 111, par. 6376)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 26. Hearing; motion for rehearing Board - Rehearing . | 13 | | (a) The Board or hearing officer appointed by the Secretary | 14 | | shall hear evidence in support of the formal charges and | 15 | | evidence produced by the licensee. At the conclusion of the | 16 | | hearing, the Board shall present to the Secretary a written | 17 | | report of its findings of fact, conclusions of law, and | 18 | | recommendations. If the Board fails to present its report, the | 19 | | applicant or licensee may request in writing a direct appeal to | 20 | | the Secretary, in which case the Secretary may issue an order | 21 | | based upon the report of the hearing officer and the record of | 22 | | the proceedings or issue an order remanding the matter back to | 23 | | the hearing officer for additional proceedings in accordance | 24 | | with the order. | 25 | | (b) At the conclusion of the hearing In any case involving |
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| 1 | | the refusal to
issue or to renew a license or to discipline a | 2 | | licensee , a copy of the hearing officer's or
Board's report | 3 | | shall be served upon the applicant or licensee by the
| 4 | | Department, either personally or by registered or certified | 5 | | mail or as
provided in this Act for the service of the notice | 6 | | of hearing. Within 20 calendar
days after such service, the | 7 | | applicant or licensee may present to the
Department a motion in | 8 | | writing for a rehearing which shall specify the
particular | 9 | | grounds for rehearing therefor . The Department may respond to | 10 | | the motion for rehearing within 20 calendar days after its | 11 | | service on the Department. If no motion for a rehearing is | 12 | | filed, then
upon the expiration of the time specified for | 13 | | filing such a motion, or if a
motion for rehearing is denied, | 14 | | then upon such denial of a motion for rehearing , the Secretary | 15 | | may
enter an order in accordance with recommendations of the | 16 | | Board or hearing officer , except as
provided in Section 25 of | 17 | | this Act . If the applicant or licensee orders from the | 18 | | reporting service and pays for a transcript of the record | 19 | | within the time for filing a motion for rehearing, the 20-day | 20 | | period within which a motion may be filed shall commence upon | 21 | | the delivery of the transcript to the applicant or licensee.
| 22 | | (c) If the Secretary disagrees in any regard with the | 23 | | report of the Board, the Secretary may issue an order contrary | 24 | | to the report. | 25 | | (d) Whenever the Secretary is not satisfied that | 26 | | substantial justice has been done, the Secretary may order a |
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| 1 | | rehearing by the same or another hearing officer. | 2 | | (e) At any point in any investigation or disciplinary | 3 | | proceeding provided for in this Act, both parties may agree to | 4 | | a negotiated consent order. The consent order shall be final | 5 | | upon signature of the Secretary. | 6 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 7 | | (225 ILCS 20/28) (from Ch. 111, par. 6378)
| 8 | | (Section scheduled to be repealed on January 1, 2018)
| 9 | | Sec. 28. Appointment of a hearing officer. Notwithstanding | 10 | | any other provision of this Act, the The Secretary has shall | 11 | | have the
authority to appoint any attorney duly licensed to | 12 | | practice law in the State of
Illinois to serve as the hearing | 13 | | officer in any action for refusal to issue
or renew a license | 14 | | or permit or to discipline a licensee. The Secretary shall
| 15 | | promptly notify the Board of any such appointment. The hearing | 16 | | officer
shall have full authority to conduct the hearing. The | 17 | | hearing officer shall report his or her
findings of fact, | 18 | | conclusions of law and recommendations to the Board and
to the | 19 | | Secretary. Upon receipt of the report, the Board shall have at | 20 | | least 60 days after
receipt of the
report to review it and | 21 | | present its findings of fact, conclusions of law
and | 22 | | recommendation to the Secretary. If the Board does not present | 23 | | its
report within the 60 days period, the respondent may | 24 | | request in writing a direct appeal to the Secretary, in which | 25 | | case the Secretary shall, within 7 calendar days after the |
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| 1 | | request, issue an order directing the Board to issue its | 2 | | findings of fact, conclusions of law, and recommendations to | 3 | | the Secretary within 30 calendar days after such order. If the | 4 | | Board fails to issue its findings of fact, conclusions of law, | 5 | | and recommendations within that time frame to the Secretary | 6 | | after the entry of such order, the Secretary shall, within 30 | 7 | | calendar days thereafter, issue an order based upon the report | 8 | | of the hearing officer and the record of the proceedings or | 9 | | issue an order remanding the matter back to the hearing officer | 10 | | for additional proceedings in accordance with the order. If (i) | 11 | | a direct appeal is requested, (ii) the Board fails to issue its | 12 | | findings of fact, conclusions of law, and recommendations | 13 | | within the 30-day mandate from the Secretary or the Secretary | 14 | | fails to order the Board to do so, and (iii) the Secretary | 15 | | fails to issue an order within 30 calendar days thereafter, | 16 | | then the hearing officer's report is deemed accepted and a | 17 | | final decision of the Secretary. Notwithstanding any other | 18 | | provision of this Section, if the Secretary, upon review, | 19 | | determines that substantial justice has not been done in the | 20 | | revocation, suspension, or refusal to issue or renew a license | 21 | | or other disciplinary action taken as the result of the entry | 22 | | of the hearing officer's report, the Secretary may order a | 23 | | rehearing by the same or other examiners. If the
Secretary
| 24 | | disagrees with the
recommendation of the Board or of the | 25 | | hearing officer, the Secretary
may issue an
order in | 26 | | contravention of the Board's report. The Secretary
shall |
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| 1 | | promptly provide a
written explanation to the Board on any such | 2 | | disagreement, and shall
specify the reasons for such action in | 3 | | the final order.
| 4 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 5 | | (225 ILCS 20/30) (from Ch. 111, par. 6380)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 30. Restoration of suspended or revoked license . At | 8 | | any time
after the successful completion of a term of | 9 | | probation, suspension , or revocation of any license, the | 10 | | Department may
restore the license it to the licensee upon the | 11 | | written recommendation of the Board unless after an | 12 | | investigation and hearing the Board or Department determines | 13 | | that
restoration is not in the public interest. Where | 14 | | circumstances of suspension or revocation so indicate, the | 15 | | Department may require an examination of the licensee prior to | 16 | | restoring his or her license. No person whose license has been | 17 | | revoked as authorized in this Act may apply for restoration of | 18 | | that license or permit until such time as provided for in the | 19 | | Civil Administrative Code of Illinois.
| 20 | | (Source: P.A. 85-967 .)
| 21 | | (225 ILCS 20/31) (from Ch. 111, par. 6381)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 31. Surrender of license. Upon the revocation or and | 24 | | suspension of any
the license, the licensee shall immediately |
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| 1 | | surrender his or her license to
the
Department. If the licensee | 2 | | fails to do so, the Department shall have the
right to seize | 3 | | the license.
| 4 | | (Source: P.A. 90-150, eff. 12-30-97 .)
| 5 | | (225 ILCS 20/32) (from Ch. 111, par. 6382)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 32. Summary Temporary suspension of a license. The | 8 | | Secretary may summarily
temporarily suspend the license of a | 9 | | licensed clinical social worker
or licensed social worker | 10 | | without a
hearing simultaneously with the institution of | 11 | | proceedings for a hearing
provided for in Section 21 of this | 12 | | Act if the Secretary finds that conclusive
evidence in his or | 13 | | her possession indicates indicating that a licensee's | 14 | | continuation
in practice would constitute an imminent danger to | 15 | | the public. In the event
the Secretary summarily temporarily | 16 | | suspends such license without a hearing, a
hearing by the Board | 17 | | or Department shall be held within 30 calendar
days after the | 18 | | such suspension has occurred.
| 19 | | (Source: P.A. 95-687, eff. 10-23-07.)
| 20 | | (225 ILCS 20/33) (from Ch. 111, par. 6383)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 33. Administrative review review - venue . | 23 | | 1. All final administrative
decisions of the Department are | 24 | | subject to judicial review pursuant to the
Administrative |
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| 1 | | Review Law and all rules adopted pursuant thereto. The term
| 2 | | "Administrative decision" is defined as in Section 3-101 of the | 3 | | Code of
Civil Procedure.
| 4 | | 2. Proceedings for judicial review shall be commenced in | 5 | | the circuit
court of the county in which the party applying for | 6 | | review resides, but if
the party is not a resident of Illinois, | 7 | | the venue shall be in Sangamon County.
| 8 | | (Source: P.A. 85-967 .)
| 9 | | (225 ILCS 20/34) (from Ch. 111, par. 6384)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 34. Certification of record; costs. The Department
| 12 | | shall not be required to certify any record to the court,
to | 13 | | file an answer in court or to otherwise appear in any court
in | 14 | | a judicial review proceeding, unless and until the Department | 15 | | has received from the plaintiff there is filed in the
court, | 16 | | with the complaint, a receipt from the Department
acknowledging | 17 | | payment of the costs of furnishing and certifying
the record , | 18 | | which costs shall be determined by the Department . Failure on | 19 | | the part of the plaintiff to
file a receipt in court shall be | 20 | | grounds for dismissal of the
action.
| 21 | | (Source: P.A. 87-1031 .)
| 22 | | (225 ILCS 20/36) (from Ch. 111, par. 6386)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 36. Illinois Administrative Procedure Act. The |
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| 1 | | Illinois Administrative Procedure
Act is hereby expressly | 2 | | adopted and incorporated herein as if all of the
provisions of | 3 | | that Act were included in this Act, except that the provision | 4 | | of
subsection (d) of Section 10-65 of the Illinois | 5 | | Administrative Procedure Act
that provides that at hearings the | 6 | | licensee has the right to show compliance
with all lawful | 7 | | requirements for retention, continuation or renewal of the
| 8 | | license is specifically excluded. For the purpose of this Act | 9 | | the notice
required under Section 10-25 of the Illinois | 10 | | Administrative Procedure Act is
deemed sufficient when mailed | 11 | | to the last known address of a party.
| 12 | | (Source: P.A. 88-45 .)
| 13 | | (225 ILCS 20/37) (from Ch. 111, par. 6387)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 37. Home rule Public policy . It is declared to be the | 16 | | public policy of this
State, pursuant to paragraphs (h) and (i) | 17 | | of Section 6 of Article VII of
the Illinois Constitution of | 18 | | 1970, that any power or function set forth in
this Act to be | 19 | | exercised by the State is an exclusive State power or
function. | 20 | | Such power or function shall not be exercised concurrently,
| 21 | | either directly or indirectly, by any unit of local government, | 22 | | including
home rule units, except as otherwise provided in this | 23 | | Act.
| 24 | | (Source: P.A. 85-967 .)
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| 1 | | (225 ILCS 20/27 rep.)
| 2 | | Section 15. The Clinical Social Work and Social Work | 3 | | Practice Act is amended by repealing Section 27.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.28 | | | 4 | | 5 ILCS 80/4.38 new | | | 5 | | 225 ILCS 20/3 | from Ch. 111, par. 6353 | | 6 | | 225 ILCS 20/4 | from Ch. 111, par. 6354 | | 7 | | 225 ILCS 20/5 | from Ch. 111, par. 6355 | | 8 | | 225 ILCS 20/6 | from Ch. 111, par. 6356 | | 9 | | 225 ILCS 20/7 | from Ch. 111, par. 6357 | | 10 | | 225 ILCS 20/7.3 | | | 11 | | 225 ILCS 20/9 | from Ch. 111, par. 6359 | | 12 | | 225 ILCS 20/9A | from Ch. 111, par. 6359A | | 13 | | 225 ILCS 20/10 | from Ch. 111, par. 6360 | | 14 | | 225 ILCS 20/14 | from Ch. 111, par. 6364 | | 15 | | 225 ILCS 20/19 | from Ch. 111, par. 6369 | | 16 | | 225 ILCS 20/21 | from Ch. 111, par. 6371 | | 17 | | 225 ILCS 20/22 | from Ch. 111, par. 6372 | | 18 | | 225 ILCS 20/25 | from Ch. 111, par. 6375 | | 19 | | 225 ILCS 20/26 | from Ch. 111, par. 6376 | | 20 | | 225 ILCS 20/28 | from Ch. 111, par. 6378 | | 21 | | 225 ILCS 20/30 | from Ch. 111, par. 6380 | | 22 | | 225 ILCS 20/31 | from Ch. 111, par. 6381 | | 23 | | 225 ILCS 20/32 | from Ch. 111, par. 6382 | | 24 | | 225 ILCS 20/33 | from Ch. 111, par. 6383 | | 25 | | 225 ILCS 20/34 | from Ch. 111, par. 6384 | |
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| 1 | | 225 ILCS 20/36 | from Ch. 111, par. 6386 | | 2 | | 225 ILCS 20/37 | from Ch. 111, par. 6387 | | 3 | | 225 ILCS 20/27 rep. | |
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