Full Text of HB5457 103rd General Assembly
HB5457enr 103RD GENERAL ASSEMBLY | | | HB5457 Enrolled | | LRB103 38890 RTM 69027 b |
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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. Findings. The General Assembly finds the | 5 | | following: | 6 | | (1) More than one-in-five Illinois households (23.2%) | 7 | | primarily speak a language other than English at home. The | 8 | | most common non-English languages spoken in Illinois are | 9 | | Spanish (1,627,789 or 13.5% of households), Polish (174,381 or | 10 | | 1.44% of households), and dialects of Chinese (including | 11 | | Mandarin and Cantonese at 105,919 or 0.877% of households). | 12 | | (2) An estimated 1.8 million people, or 14.1% of Illinois | 13 | | residents, were born outside the country. These individuals | 14 | | are more likely to face issues of discrimination, racism, and | 15 | | xenophobia, all of which are social determinants of health and | 16 | | can lead to negative behavioral health outcomes. Additionally, | 17 | | this population is likely to be uniquely traumatized due to | 18 | | sociopolitical turmoil in specific parts of the world, | 19 | | uncertainty about immigration status, and grief over family | 20 | | and homeland separation. | 21 | | (3) Illinois has a particularly high population of | 22 | | international students. Illinois has the fifth-highest number | 23 | | of international students in the country, with over 55,000 | 24 | | students traveling to Illinois for its educational and |
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| 1 | | vocational opportunities. In 2022, the University of Illinois | 2 | | system announced a record 11,548 international students | 3 | | enrolled in their programs. Additionally, with the recent | 4 | | influx of migrant children attending Chicago public schools, | 5 | | Chicago teachers have highlighted the severe need for | 6 | | bilingual social workers and counselors to address the needs | 7 | | of traumatized children. | 8 | | (4) Illinois faces an unprecedented mental health | 9 | | emergency. In 2022, 12.7% of Illinois adults reported 14 or | 10 | | more days of poor mental health per month. Even the needs of | 11 | | children, whose mental health conditions have been declared a | 12 | | national emergency, are unable to be met in Illinois. | 13 | | (5) Drug overdose deaths have reached crisis levels. In | 14 | | 2014, approximately 9.77 people died from drug poisoning per | 15 | | 100,000 people. In 2022, that number has risen to 23.8 people | 16 | | who die per population of 100,000. This represents a 243.6% | 17 | | increase in the number of overdose deaths in the last 10 years. | 18 | | (6) The ability to express oneself, particularly when | 19 | | trying to explain emotions or analyze/interpret life events, | 20 | | is crucial to the successful provision of behavioral health | 21 | | services. Studies show that the delivery of services in a | 22 | | client's language is crucial to the development of trust and | 23 | | the comfort of the client. The American Psychological | 24 | | Association's official position is that, due to professional | 25 | | ethics and governmental guidelines, behavioral health services | 26 | | "should be provided in the preferred language of clients with |
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| 1 | | limited English proficiency." Every major behavioral health | 2 | | profession highlights the ethical need for practitioners to | 3 | | enhance cultural sensitivity and competency. However, | 4 | | bilingual clients often opt to receive services in English due | 5 | | to severe availability gaps of services in their language of | 6 | | origin, particularly in rural or underserved areas. | 7 | | (7) The shortage of bilingual therapists prevents | 8 | | communities from adequately addressing issues related to | 9 | | migrant trauma. The lack of bilingual professionals is | 10 | | particularly felt in rural areas. For example, although | 11 | | immigrants account for 7% of the population of McLean County, | 12 | | there are only a handful of clinical professionals who speak | 13 | | Spanish and an even smaller amount who speak other languages. | 14 | | This means clients must rely on translators, which take | 15 | | precious time from the client's therapy session, or wait | 16 | | months and travel great distances for appointments with local | 17 | | bilingual therapists. | 18 | | Section 10. The Clinical Social Work and Social Work | 19 | | Practice Act is amended by changing Sections 5, 7, 7.5, and 19 | 20 | | as follows: | 21 | | (225 ILCS 20/5) (from Ch. 111, par. 6355) | 22 | | (Section scheduled to be repealed on January 1, 2028) | 23 | | Sec. 5. Powers and duties of the Department. Subject to | 24 | | the provisions of this Act, the Department shall exercise the |
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| 1 | | following functions, powers, and duties: | 2 | | (1) Conduct or authorize examinations or examination | 3 | | alternatives to ascertain the qualifications and fitness | 4 | | of candidates for a license to engage in the independent | 5 | | practice of clinical social work, pass upon the | 6 | | qualifications of applicants for licenses, and issue | 7 | | licenses to those who are found to be fit and qualified. | 8 | | All examinations, either conducted or authorized, must | 9 | | allow reasonable accommodations for applicants for whom | 10 | | English is not their primary language and a test in their | 11 | | primary language is not available. Further, all | 12 | | examinations either conducted or authorized must comply | 13 | | with all communication access and reasonable modification | 14 | | requirements in Section 504 of the federal Rehabilitation | 15 | | Act of 1973 and Title II of the Americans with | 16 | | Disabilities Act of 1990. | 17 | | (2) Adopt rules required for the administration and | 18 | | enforcement of this Act. | 19 | | (3) Adopt rules for determining approved undergraduate | 20 | | and graduate social work degree programs and prepare and | 21 | | maintain a list of colleges and universities offering such | 22 | | approved programs whose graduates, if they otherwise meet | 23 | | the requirements of this Act, are eligible to apply for a | 24 | | license. | 25 | | (4) Prescribe forms to be issued for the | 26 | | administration and enforcement of this Act consistent with |
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| 1 | | and reflecting the requirements of this Act and rules | 2 | | adopted pursuant to this Act. | 3 | | (5) Conduct investigations related to possible | 4 | | violations of this Act. | 5 | | (6) Maintain rosters of the names and addresses of all | 6 | | persons who hold valid licenses under this Act. These | 7 | | rosters shall be available upon written request and | 8 | | payment of the required fee. | 9 | | (Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24 .) | 10 | | (225 ILCS 20/7) (from Ch. 111, par. 6357) | 11 | | (Section scheduled to be repealed on January 1, 2028) | 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 | 20 | | worker. | 21 | | A license to practice shall not be denied an applicant | 22 | | because of the applicant's race, religion, creed, national | 23 | | origin, real or perceived immigration status, political | 24 | | beliefs or activities, age, sex, sexual orientation, or | 25 | | physical disability that does not affect a person's ability to |
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| 1 | | practice with reasonable judgment, skill, or safety. | 2 | | Applicants have 3 years from the date of application to | 3 | | complete the application process. If the process has not been | 4 | | completed in 3 years, the application shall be denied, the fee | 5 | | shall be forfeited, and the applicant must reapply and meet | 6 | | the requirements in effect at the time of reapplication. | 7 | | (Source: P.A. 100-414, eff. 8-25-17.) | 8 | | (225 ILCS 20/7.5) | 9 | | (Section scheduled to be repealed on January 1, 2028) | 10 | | Sec. 7.5. Social Security Number or individual taxpayer | 11 | | identification number on license application. In addition to | 12 | | any other information required to be contained in the | 13 | | application, every application for an original license under | 14 | | this Act shall include the applicant's Social Security Number | 15 | | or individual taxpayer identification number , which shall be | 16 | | retained in the agency's records pertaining to the license. As | 17 | | soon as practical, the Department shall assign a customer's | 18 | | identification number to each applicant for a license. | 19 | | Every application for a renewal or restored license shall | 20 | | require the applicant's customer identification number. | 21 | | (Source: P.A. 97-400, eff. 1-1-12 .) | 22 | | (225 ILCS 20/19) (from Ch. 111, par. 6369) | 23 | | (Section scheduled to be repealed on January 1, 2028) | 24 | | Sec. 19. Grounds for disciplinary action. |
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| 1 | | (1) The Department may refuse to issue or renew a license, | 2 | | or may suspend, revoke, place on probation, reprimand, or take | 3 | | any other disciplinary or non-disciplinary action deemed | 4 | | appropriate by the Department, including the imposition of | 5 | | fines not to exceed $10,000 for each violation, with regard to | 6 | | any license issued under the provisions of this Act for any one | 7 | | or a combination of the following grounds: | 8 | | (a) material misstatements in furnishing information | 9 | | to the Department or to any other State agency or in | 10 | | furnishing information to any insurance company with | 11 | | respect to a claim on behalf of a licensee or a patient; | 12 | | (b) violations or negligent or intentional disregard | 13 | | of this Act, or any of the rules promulgated hereunder; | 14 | | (c) conviction of or entry of a plea of guilty or nolo | 15 | | contendere, finding of guilt, jury verdict, or entry of | 16 | | judgment or sentencing, including, but not limited to, | 17 | | convictions, preceding sentences of supervision, | 18 | | conditional discharge, or first offender probation, under | 19 | | the laws of any jurisdiction of the United States that is | 20 | | (i) a felony or (ii) a misdemeanor, an essential element | 21 | | of which is dishonesty, or that is directly related to the | 22 | | practice of the clinical social work or social work | 23 | | professions; | 24 | | (d) fraud or misrepresentation in applying for or | 25 | | procuring a license under this Act or in connection with | 26 | | applying for renewal or restoration of a license under |
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| 1 | | this Act; | 2 | | (e) professional incompetence; | 3 | | (f) gross negligence in practice under this Act; | 4 | | (g) aiding or assisting another person in violating | 5 | | any provision of this Act or its rules; | 6 | | (h) failing to provide information within 60 days in | 7 | | response to a written request made by the Department; | 8 | | (i) engaging in dishonorable, unethical or | 9 | | unprofessional conduct of a character likely to deceive, | 10 | | defraud or harm the public as defined by the rules of the | 11 | | Department, or violating the rules of professional conduct | 12 | | adopted by the Department; | 13 | | (j) habitual or excessive use or abuse of drugs | 14 | | defined in law as controlled substances, of alcohol, or of | 15 | | any other substances that results in the inability to | 16 | | practice with reasonable judgment, skill, or safety; | 17 | | (k) adverse action taken by another state or | 18 | | jurisdiction, if at least one of the grounds for the | 19 | | discipline is the same or substantially equivalent to | 20 | | those set forth in this Section; | 21 | | (l) directly or indirectly giving to or receiving from | 22 | | any person, firm, corporation, partnership, or association | 23 | | any fee, commission, rebate or other form of compensation | 24 | | for any professional service not actually rendered. | 25 | | Nothing in this paragraph (l) affects any bona fide | 26 | | independent contractor or employment arrangements among |
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| 1 | | health care professionals, health facilities, health care | 2 | | providers, or other entities, except as otherwise | 3 | | prohibited by law. Any employment arrangements may include | 4 | | provisions for compensation, health insurance, pension, or | 5 | | other employment benefits for the provision of services | 6 | | within the scope of the licensee's practice under this | 7 | | Act. Nothing in this paragraph (l) shall be construed to | 8 | | require an employment arrangement to receive professional | 9 | | fees for services rendered; | 10 | | (m) a finding by the Department that the licensee, | 11 | | after having the license placed on probationary status, | 12 | | has violated the terms of probation or failed to comply | 13 | | with such terms; | 14 | | (n) abandonment, without cause, of a client; | 15 | | (o) willfully making or filing false records or | 16 | | reports relating to a licensee's practice, including, but | 17 | | not limited to, false records filed with Federal or State | 18 | | agencies or departments; | 19 | | (p) willfully failing to report an instance of | 20 | | suspected child abuse or neglect as required by the Abused | 21 | | and Neglected Child Reporting Act; | 22 | | (q) being named as a perpetrator in an indicated | 23 | | report by the Department of Children and Family Services | 24 | | under the Abused and Neglected Child Reporting Act, and | 25 | | upon proof by clear and convincing evidence that the | 26 | | licensee has caused a child to be an abused child or |
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| 1 | | neglected child as defined in the Abused and Neglected | 2 | | Child Reporting Act; | 3 | | (r) physical illness, mental illness, or any other | 4 | | impairment or disability, including, but not limited to, | 5 | | deterioration through the aging process, or loss of motor | 6 | | skills that results in the inability to practice the | 7 | | profession with reasonable judgment, skill or safety; | 8 | | (s) solicitation of professional services by using | 9 | | false or misleading advertising; | 10 | | (t) violation of the Health Care Worker Self-Referral | 11 | | Act; | 12 | | (u) willfully failing to report an instance of | 13 | | suspected abuse, neglect, financial exploitation, or | 14 | | self-neglect of an eligible adult as defined in and | 15 | | required by the Adult Protective Services Act; or | 16 | | (v) being named as an abuser in a verified report by | 17 | | the Department on Aging under the Adult Protective | 18 | | Services Act, and upon proof by clear and convincing | 19 | | evidence that the licensee abused, neglected, or | 20 | | financially exploited an eligible adult as defined in the | 21 | | Adult Protective Services Act. | 22 | | (2) (Blank). | 23 | | (3) The determination by a court that a licensee is | 24 | | subject to involuntary admission or judicial admission as | 25 | | provided in the Mental Health and Developmental Disabilities | 26 | | Code, will result in an automatic suspension of his license. |
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| 1 | | Such suspension will end upon a finding by a court that the | 2 | | licensee is no longer subject to involuntary admission or | 3 | | judicial admission and issues an order so finding and | 4 | | discharging the patient, and upon the recommendation of the | 5 | | Board to the Secretary that the licensee be allowed to resume | 6 | | professional practice. | 7 | | (4) The Department shall refuse to issue or renew or may | 8 | | suspend the license of a person who (i) fails to file a return, | 9 | | pay the tax, penalty, or interest shown in a filed return, or | 10 | | pay any final assessment of tax, penalty, or interest, as | 11 | | required by any tax Act administered by the Department of | 12 | | Revenue, until the requirements of the tax Act are satisfied | 13 | | or (ii) has failed to pay any court-ordered child support as | 14 | | determined by a court order or by referral from the Department | 15 | | of Healthcare and Family Services. | 16 | | (4.5) The Department shall not revoke, suspend, summarily | 17 | | suspend, place on prohibition, reprimand, refuse to issue or | 18 | | renew, or take any other disciplinary or non-disciplinary | 19 | | action against a license or permit issued under this Act based | 20 | | solely upon the licensed clinical social worker authorizing, | 21 | | recommending, aiding, assisting, referring for, or otherwise | 22 | | participating in any health care service, so long as the care | 23 | | was not unlawful under the laws of this State, regardless of | 24 | | whether the patient was a resident of this State or another | 25 | | state. | 26 | | (4.10) The Department shall not revoke, suspend, summarily |
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| 1 | | suspend, place on prohibition, reprimand, refuse to issue or | 2 | | renew, or take any other disciplinary or non-disciplinary | 3 | | action against the license or permit issued under this Act to | 4 | | practice as a licensed clinical social worker based upon the | 5 | | licensed clinical social worker's license being revoked or | 6 | | suspended, or the licensed clinical social worker being | 7 | | otherwise disciplined by any other state, if that revocation, | 8 | | suspension, or other form of discipline was based solely on | 9 | | the licensed clinical social worker violating another state's | 10 | | laws prohibiting the provision of, authorization of, | 11 | | recommendation of, aiding or assisting in, referring for, or | 12 | | participation in any health care service if that health care | 13 | | service as provided would not have been unlawful under the | 14 | | laws of this State and is consistent with the standards of | 15 | | conduct for a licensed clinical social worker practicing in | 16 | | Illinois. | 17 | | (4.15) The conduct specified in subsection subsections | 18 | | (4.5) , and (4.10) , (4.25), or (4.30) shall not constitute | 19 | | grounds for suspension under Section 32. | 20 | | (4.20) An applicant seeking licensure, certification, or | 21 | | authorization pursuant to this Act who has been subject to | 22 | | disciplinary action by a duly authorized professional | 23 | | disciplinary agency of another jurisdiction solely on the | 24 | | basis of having authorized, recommended, aided, assisted, | 25 | | referred for, or otherwise participated in health care shall | 26 | | not be denied such licensure, certification, or authorization, |
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| 1 | | unless the Department determines that such action would have | 2 | | constituted professional misconduct in this State; however, | 3 | | nothing in this Section shall be construed as prohibiting the | 4 | | Department from evaluating the conduct of such applicant and | 5 | | making a determination regarding the licensure, certification, | 6 | | or authorization to practice a profession under this Act. | 7 | | (4.25) The Department may not revoke, suspend, summarily | 8 | | suspend, place on prohibition, reprimand, refuse to issue or | 9 | | renew, or take any other disciplinary or non-disciplinary | 10 | | action against a license or permit issued under this Act based | 11 | | solely upon an immigration violation by the licensed clinical | 12 | | social worker. | 13 | | (4.30) The Department may not revoke, suspend, summarily | 14 | | suspend, place on prohibition, reprimand, refuse to issue or | 15 | | renew, or take any other disciplinary or non-disciplinary | 16 | | action against the license or permit issued under this Act to | 17 | | practice as a licensed clinical social worker based upon the | 18 | | licensed clinical social worker's license being revoked or | 19 | | suspended, or the licensed clinical social worker being | 20 | | otherwise disciplined by any other state, if that revocation, | 21 | | suspension, or other form of discipline was based solely upon | 22 | | an immigration violation by the licensed clinical social | 23 | | worker. | 24 | | (5)(a) In enforcing this Section, the Department or Board, | 25 | | upon a showing of a possible violation, may compel a person | 26 | | licensed to practice under this Act, or who has applied for |
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| 1 | | licensure under this Act, to submit to a mental or physical | 2 | | examination, or both, which may include a substance abuse or | 3 | | sexual offender evaluation, as required by and at the expense | 4 | | of the Department. | 5 | | (b) The Department shall specifically designate the | 6 | | examining physician licensed to practice medicine in all of | 7 | | its branches or, if applicable, the multidisciplinary team | 8 | | involved in providing the mental or physical examination or | 9 | | both. The multidisciplinary team shall be led by a physician | 10 | | licensed to practice medicine in all of its branches and may | 11 | | consist of one or more or a combination of physicians licensed | 12 | | to practice medicine in all of its branches, licensed clinical | 13 | | psychologists, licensed clinical social workers, licensed | 14 | | clinical professional counselors, and other professional and | 15 | | administrative staff. Any examining physician or member of the | 16 | | multidisciplinary team may require any person ordered to | 17 | | submit to an examination pursuant to this Section to submit to | 18 | | any additional supplemental testing deemed necessary to | 19 | | complete any examination or evaluation process, including, but | 20 | | not limited to, blood testing, urinalysis, psychological | 21 | | testing, or neuropsychological testing. | 22 | | (c) The Board or the Department may order the examining | 23 | | physician or any member of the multidisciplinary team to | 24 | | present testimony concerning this mental or physical | 25 | | examination of the licensee or applicant. No information, | 26 | | report, record, or other documents in any way related to the |
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| 1 | | examination shall be excluded by reason of any common law or | 2 | | statutory privilege relating to communications between the | 3 | | licensee or applicant and the examining physician or any | 4 | | member of the multidisciplinary team. No authorization is | 5 | | necessary from the licensee or applicant ordered to undergo an | 6 | | examination for the examining physician or any member of the | 7 | | multidisciplinary team to provide information, reports, | 8 | | records, or other documents or to provide any testimony | 9 | | regarding the examination and evaluation. | 10 | | (d) The person to be examined may have, at his or her own | 11 | | expense, another physician of his or her choice present during | 12 | | all aspects of the examination. However, that physician shall | 13 | | be present only to observe and may not interfere in any way | 14 | | with the examination. | 15 | | (e) Failure of any person to submit to a mental or physical | 16 | | examination without reasonable cause, when ordered, shall | 17 | | result in an automatic suspension of his or her license until | 18 | | the person submits to the examination. | 19 | | (f) If the Department or Board finds a person unable to | 20 | | practice because of the reasons set forth in this Section, the | 21 | | Department or Board may require that person to submit to care, | 22 | | counseling, or treatment by physicians approved or designated | 23 | | by the Department or Board, as a condition, term, or | 24 | | restriction for continued, reinstated, or renewed licensure to | 25 | | practice; or, in lieu of care, counseling or treatment, the | 26 | | Department may file, or the Board may recommend to the |
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| 1 | | Department to file, a complaint to immediately suspend, | 2 | | revoke, or otherwise discipline the license of the person. Any | 3 | | person whose license was granted, continued, reinstated, | 4 | | renewed, disciplined or supervised subject to such terms, | 5 | | conditions or restrictions, and who fails to comply with such | 6 | | terms, conditions, or restrictions, shall be referred to the | 7 | | Secretary for a determination as to whether the person shall | 8 | | have his or her license suspended immediately, pending a | 9 | | hearing by the Department. | 10 | | (g) All fines imposed shall be paid within 60 days after | 11 | | the effective date of the order imposing the fine or in | 12 | | accordance with the terms set forth in the order imposing the | 13 | | fine. | 14 | | In instances in which the Secretary immediately suspends a | 15 | | person's license under this Section, a hearing on that | 16 | | person's license must be convened by the Department within 30 | 17 | | days after the suspension and completed without appreciable | 18 | | delay. The Department and Board shall have the authority to | 19 | | review the subject person's record of treatment and counseling | 20 | | regarding the impairment, to the extent permitted by | 21 | | applicable federal statutes and regulations safeguarding the | 22 | | confidentiality of medical records. | 23 | | A person licensed under this Act and affected under this | 24 | | Section shall be afforded an opportunity to demonstrate to the | 25 | | Department or Board that he or she can resume practice in | 26 | | compliance with acceptable and prevailing standards under the |
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| 1 | | provisions of his or her license. | 2 | | (h) The Department may adopt rules to implement the | 3 | | changes made by this amendatory Act of the 102nd General | 4 | | Assembly. | 5 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 6 | | Section 15. The Marriage and Family Therapy Licensing Act | 7 | | is amended by changing Sections 30, 32, 45, and 85 as follows: | 8 | | (225 ILCS 55/30) (from Ch. 111, par. 8351-30) | 9 | | (Section scheduled to be repealed on January 1, 2027) | 10 | | Sec. 30. Application. | 11 | | (a) Applications for original licensure shall be made to | 12 | | the Department in writing on forms or electronically as | 13 | | prescribed by the Department and shall be accompanied by the | 14 | | appropriate documentation and the required fee, which shall | 15 | | not be refundable. Any application shall require such | 16 | | information as, in the judgment of the Department, will enable | 17 | | the Department to pass on the qualifications of the applicant | 18 | | for licensing. | 19 | | (b) Applicants have 3 years from the date of application | 20 | | to complete the application process. If the application has | 21 | | not been completed within 3 years, the application shall be | 22 | | denied, the fee shall be forfeited, and the applicant must | 23 | | reapply and meet the requirements in effect at the time of | 24 | | reapplication. |
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| 1 | | (c) A license shall not be denied to an applicant because | 2 | | of the applicant's race, religion, creed, national origin, | 3 | | real or perceived immigration status, political beliefs or | 4 | | activities, age, sex, sexual orientation, or physical | 5 | | disability that does not affect a person's ability to practice | 6 | | with reasonable judgment, skill, or safety. | 7 | | (Source: P.A. 100-372, eff. 8-25-17.) | 8 | | (225 ILCS 55/32) | 9 | | (Section scheduled to be repealed on January 1, 2027) | 10 | | Sec. 32. Social Security Number or individual taxpayer | 11 | | identification number on license application. In addition to | 12 | | any other information required to be contained in the | 13 | | application, every application for an original license under | 14 | | this Act shall include the applicant's Social Security Number | 15 | | or individual taxpayer identification number , which shall be | 16 | | retained in the agency's records pertaining to the license. As | 17 | | soon as practical, the Department shall assign a customer's | 18 | | identification number to each applicant for a license. | 19 | | Every application for a renewal or restored license shall | 20 | | require the applicant's customer identification number. | 21 | | (Source: P.A. 97-400, eff. 1-1-12 .) | 22 | | (225 ILCS 56/45) | 23 | | (Section scheduled to be repealed on January 1, 2028) | 24 | | Sec. 45. Powers and duties of the Department. Subject to |
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| 1 | | the provisions of this Act, the Department shall: | 2 | | (1) adopt rules defining what constitutes a curriculum | 3 | | for music therapy that is reputable and in good standing; | 4 | | (2) adopt rules providing for the establishment of a | 5 | | uniform and reasonable standard of instruction and | 6 | | maintenance to be observed by all curricula for music | 7 | | therapy that are approved by the Department and determine | 8 | | the reputability and good standing of the curricula for | 9 | | music therapy by reference to compliance with the rules, | 10 | | provided that no school of music therapy that refuses | 11 | | admittance to applicants solely on account of race, color, | 12 | | creed, sex, or national origin shall be considered | 13 | | reputable and in good standing; | 14 | | (3) adopt and publish rules for a method of | 15 | | examination of candidates for licensed professional music | 16 | | therapists and for issuance of licenses authorizing | 17 | | candidates upon passing examination to practice as | 18 | | licensed professional music therapists; | 19 | | (4) review applications to ascertain the | 20 | | qualifications of applicants for licenses; | 21 | | (5) authorize examinations to ascertain the | 22 | | qualifications of those applicants who require | 23 | | examinations as a component of a license . All | 24 | | examinations, either conducted or authorized, must allow | 25 | | reasonable accommodations for applicants for whom English | 26 | | is not their primary language and a test in their primary |
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| 1 | | language is not available. Further, all examinations | 2 | | either conducted or authorized must comply with all | 3 | | communication access and reasonable modification | 4 | | requirements in Section 504 of the federal Rehabilitation | 5 | | Act of 1973 and Title II of the Americans with | 6 | | Disabilities Act of 1990 ; | 7 | | (6) conduct hearings on proceedings to refuse to issue | 8 | | or renew a license or to revoke, suspend, place on | 9 | | probation, or reprimand licenses issued under this Act or | 10 | | otherwise discipline; and | 11 | | (7) adopt rules necessary for the administration of | 12 | | this Act. | 13 | | (Source: P.A. 102-993, eff. 5-27-22.) | 14 | | (225 ILCS 55/85) (from Ch. 111, par. 8351-85) | 15 | | (Section scheduled to be repealed on January 1, 2027) | 16 | | Sec. 85. Refusal, revocation, or suspension. | 17 | | (a) The Department may refuse to issue or renew a license, | 18 | | or may revoke, suspend, reprimand, place on probation, or take | 19 | | any other disciplinary or non-disciplinary action as the | 20 | | Department may deem proper, including the imposition of fines | 21 | | not to exceed $10,000 for each violation, with regard to any | 22 | | license issued under the provisions of this Act for any one or | 23 | | combination of the following grounds: | 24 | | (1) Material misstatement in furnishing information to | 25 | | the Department. |
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| 1 | | (2) Violation of any provision of this Act or its | 2 | | rules. | 3 | | (3) Conviction of or entry of a plea of guilty or nolo | 4 | | contendere, finding of guilt, jury verdict, or entry of | 5 | | judgment or sentencing, including, but not limited to, | 6 | | convictions, preceding sentences of supervision, | 7 | | conditional discharge, or first offender probation, under | 8 | | the laws of any jurisdiction of the United States that is | 9 | | (i) a felony or (ii) a misdemeanor, an essential element | 10 | | of which is dishonesty or that is directly related to the | 11 | | practice of the profession. | 12 | | (4) Fraud or misrepresentation in applying for or | 13 | | procuring a license under this Act or in connection with | 14 | | applying for renewal or restoration of a license under | 15 | | this Act or its rules. | 16 | | (5) Professional incompetence. | 17 | | (6) Gross negligence in practice under this Act. | 18 | | (7) Aiding or assisting another person in violating | 19 | | any provision of this Act or its rules. | 20 | | (8) Failing, within 60 days, to provide information in | 21 | | response to a written request made by the Department. | 22 | | (9) Engaging in dishonorable, unethical, or | 23 | | unprofessional conduct of a character likely to deceive, | 24 | | defraud or harm the public as defined by the rules of the | 25 | | Department, or violating the rules of professional conduct | 26 | | adopted by the Department. |
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| 1 | | (10) Habitual or excessive use or abuse of drugs | 2 | | defined in law as controlled substances, of alcohol, or | 3 | | any other substance that results in the inability to | 4 | | practice with reasonable judgment, skill, or safety. | 5 | | (11) Discipline by another jurisdiction if at least | 6 | | one of the grounds for the discipline is the same or | 7 | | substantially equivalent to those set forth in this Act. | 8 | | (12) Directly or indirectly giving to or receiving | 9 | | from any person, firm, corporation, partnership, or | 10 | | association any fee, commission, rebate, or other form of | 11 | | compensation for any professional services not actually or | 12 | | personally rendered. Nothing in this paragraph (12) | 13 | | affects any bona fide independent contractor or employment | 14 | | arrangements among health care professionals, health | 15 | | facilities, health care providers, or other entities, | 16 | | except as otherwise prohibited by law. Any employment | 17 | | arrangements may include provisions for compensation, | 18 | | health insurance, pension, or other employment benefits | 19 | | for the provision of services within the scope of the | 20 | | licensee's practice under this Act. Nothing in this | 21 | | paragraph (12) shall be construed to require an employment | 22 | | arrangement to receive professional fees for services | 23 | | rendered. | 24 | | (13) A finding by the Department that the licensee, | 25 | | after having his or her license placed on probationary | 26 | | status, has violated the terms of probation or failed to |
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| 1 | | comply with the terms. | 2 | | (14) Abandonment of a patient without cause. | 3 | | (15) Willfully making or filing false records or | 4 | | reports relating to a licensee's practice, including but | 5 | | not limited to false records filed with State agencies or | 6 | | departments. | 7 | | (16) Willfully failing to report an instance of | 8 | | suspected child abuse or neglect as required by the Abused | 9 | | and Neglected Child Reporting Act. | 10 | | (17) Being named as a perpetrator in an indicated | 11 | | report by the Department of Children and Family Services | 12 | | under the Abused and Neglected Child Reporting Act and | 13 | | upon proof by clear and convincing evidence that the | 14 | | licensee has caused a child to be an abused child or | 15 | | neglected child as defined in the Abused and Neglected | 16 | | Child Reporting Act. | 17 | | (18) Physical illness or mental illness or impairment, | 18 | | including, but not limited to, deterioration through the | 19 | | aging process or loss of motor skill that results in the | 20 | | inability to practice the profession with reasonable | 21 | | judgment, skill, or safety. | 22 | | (19) Solicitation of professional services by using | 23 | | false or misleading advertising. | 24 | | (20) A pattern of practice or other behavior that | 25 | | demonstrates incapacity or incompetence to practice under | 26 | | this Act. |
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| 1 | | (21) Practicing under a false or assumed name, except | 2 | | as provided by law. | 3 | | (22) Gross, willful, and continued overcharging for | 4 | | professional services, including filing false statements | 5 | | for collection of fees or moneys for which services are | 6 | | not rendered. | 7 | | (23) Failure to establish and maintain records of | 8 | | patient care and treatment as required by law. | 9 | | (24) Cheating on or attempting to subvert the | 10 | | licensing examinations administered under this Act. | 11 | | (25) Willfully failing to report an instance of | 12 | | suspected abuse, neglect, financial exploitation, or | 13 | | self-neglect of an eligible adult as defined in and | 14 | | required by the Adult Protective Services Act. | 15 | | (26) Being named as an abuser in a verified report by | 16 | | the Department on Aging and under the Adult Protective | 17 | | Services Act and upon proof by clear and convincing | 18 | | evidence that the licensee abused, neglected, or | 19 | | financially exploited an eligible adult as defined in the | 20 | | Adult Protective Services Act. | 21 | | (b) (Blank). | 22 | | (c) The determination by a circuit court that a licensee | 23 | | is subject to involuntary admission or judicial admission, as | 24 | | provided in the Mental Health and Developmental Disabilities | 25 | | Code, operates as an automatic suspension. The suspension will | 26 | | terminate only upon a finding by a court that the patient is no |
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| 1 | | longer subject to involuntary admission or judicial admission | 2 | | and the issuance of an order so finding and discharging the | 3 | | patient, and upon the recommendation of the Board to the | 4 | | Secretary that the licensee be allowed to resume his or her | 5 | | practice as a licensed marriage and family therapist or an | 6 | | associate licensed marriage and family therapist. | 7 | | (d) The Department shall refuse to issue or may suspend | 8 | | the license of any person who fails to file a return, pay the | 9 | | tax, penalty, or interest shown in a filed return or pay any | 10 | | final assessment of tax, penalty, or interest, as required by | 11 | | any tax Act administered by the Illinois Department of | 12 | | Revenue, until the time the requirements of the tax Act are | 13 | | satisfied. | 14 | | (d-5) The Department shall not revoke, suspend, summarily | 15 | | suspend, place on prohibition, reprimand, refuse to issue or | 16 | | renew, or take any other disciplinary or non-disciplinary | 17 | | action against the license or permit issued under this Act to | 18 | | practice as a marriage and family therapist or associate | 19 | | licensed marriage and family therapist based solely upon the | 20 | | marriage and family therapist or associate licensed marriage | 21 | | and family therapist authorizing, recommending, aiding, | 22 | | assisting, referring for, or otherwise participating in any | 23 | | health care service, so long as the care was not Unlawful under | 24 | | the laws of this State, regardless of whether the patient was a | 25 | | resident of this State or another state. | 26 | | (d-10) The Department shall not revoke, suspend, summarily |
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| 1 | | suspend, place on prohibition, reprimand, refuse to issue or | 2 | | renew, or take any other disciplinary or non-disciplinary | 3 | | action against the license or permit issued under this Act to | 4 | | practice as a marriage and family therapist or associate | 5 | | licensed marriage and family therapist based upon the marriage | 6 | | and family therapist's or associate licensed marriage and | 7 | | family therapist's license being revoked or suspended, or the | 8 | | marriage and family therapist or associate licensed marriage | 9 | | and family therapist being otherwise disciplined by any other | 10 | | state, if that revocation, suspension, or other form of | 11 | | discipline was based solely on the marriage and family | 12 | | therapist or associate licensed marriage and family therapist | 13 | | violating another state's laws prohibiting the provision of, | 14 | | authorization of, recommendation of, aiding or assisting in, | 15 | | referring for, or participation in any health care service if | 16 | | that health care service as provided would not have been | 17 | | unlawful under the laws of this State and is consistent with | 18 | | the standards of conduct for a marriage and family therapist | 19 | | or an associate licensed marriage and family therapist | 20 | | practicing in Illinois. | 21 | | (d-15) The conduct specified in subsection subsections | 22 | | (d-5) , or (d-10) , (d-25), or (d-30) shall not constitute | 23 | | grounds for suspension under Section 145. | 24 | | (d-20) An applicant seeking licensure, certification, or | 25 | | authorization pursuant to this Act who has been subject to | 26 | | disciplinary action by a duly authorized professional |
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| 1 | | disciplinary agency of another jurisdiction solely on the | 2 | | basis of having authorized, recommended, aided, assisted, | 3 | | referred for, or otherwise participated in health care shall | 4 | | not be denied such licensure, certification, or authorization, | 5 | | unless the Department determines that such action would have | 6 | | constituted professional misconduct in this State; however, | 7 | | nothing in this Section shall be construed as prohibiting the | 8 | | Department from evaluating the conduct of such applicant and | 9 | | making a determination regarding the licensure, certification, | 10 | | or authorization to practice a profession under this Act. | 11 | | (d-25) The Department may not revoke, suspend, summarily | 12 | | suspend, place on prohibition, reprimand, refuse to issue or | 13 | | renew, or take any other disciplinary or non-disciplinary | 14 | | action against the license or permit issued under this Act to | 15 | | practice as a marriage and family therapist or associate | 16 | | licensed marriage and family therapist based solely upon an | 17 | | immigration violation by the marriage and family therapist or | 18 | | associate licensed marriage and family therapist. | 19 | | (d-30) The Department may not revoke, suspend, summarily | 20 | | suspend, place on prohibition, reprimand, refuse to issue or | 21 | | renew, or take any other disciplinary or non-disciplinary | 22 | | action against the license or permit issued under this Act to | 23 | | practice as a marriage and family therapist or associate | 24 | | licensed marriage and family therapist based upon the marriage | 25 | | and family therapist's or associate licensed marriage and | 26 | | family therapist's license being revoked or suspended, or the |
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| 1 | | marriage and family therapist or associate licensed marriage | 2 | | and family therapist being otherwise disciplined by any other | 3 | | state, if that revocation, suspension, or other form of | 4 | | discipline was based solely upon an immigration violation by | 5 | | the marriage and family therapist or associate licensed | 6 | | marriage and family therapist. | 7 | | (e) In enforcing this Section, the Department or Board | 8 | | upon a showing of a possible violation may compel an | 9 | | individual licensed to practice under this Act, or who has | 10 | | applied for licensure under this Act, to submit to a mental or | 11 | | physical examination, or both, which may include a substance | 12 | | abuse or sexual offender evaluation, as required by and at the | 13 | | expense of the Department. | 14 | | The Department shall specifically designate the examining | 15 | | physician licensed to practice medicine in all of its branches | 16 | | or, if applicable, the multidisciplinary team involved in | 17 | | providing the mental or physical examination or both. The | 18 | | multidisciplinary team shall be led by a physician licensed to | 19 | | practice medicine in all of its branches and may consist of one | 20 | | or more or a combination of physicians licensed to practice | 21 | | medicine in all of its branches, licensed clinical | 22 | | psychologists, licensed clinical social workers, licensed | 23 | | clinical professional counselors, licensed marriage and family | 24 | | therapists, and other professional and administrative staff. | 25 | | Any examining physician or member of the multidisciplinary | 26 | | team may require any person ordered to submit to an |
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| 1 | | examination and evaluation pursuant to this Section to submit | 2 | | to any additional supplemental testing deemed necessary to | 3 | | complete any examination or evaluation process, including, but | 4 | | not limited to, blood testing, urinalysis, psychological | 5 | | testing, or neuropsychological testing. | 6 | | The Department may order the examining physician or any | 7 | | member of the multidisciplinary team to provide to the | 8 | | Department any and all records, including business records, | 9 | | that relate to the examination and evaluation, including any | 10 | | supplemental testing performed. | 11 | | The Department or Board may order the examining physician | 12 | | or any member of the multidisciplinary team to present | 13 | | testimony concerning the mental or physical examination of the | 14 | | licensee or applicant. No information, report, record, or | 15 | | other documents in any way related to the examination shall be | 16 | | excluded by reason of any common law or statutory privilege | 17 | | relating to communications between the licensee or applicant | 18 | | and the examining physician or any member of the | 19 | | multidisciplinary team. No authorization is necessary from the | 20 | | licensee or applicant ordered to undergo an examination for | 21 | | the examining physician or any member of the multidisciplinary | 22 | | team to provide information, reports, records, or other | 23 | | documents or to provide any testimony regarding the | 24 | | examination and evaluation. | 25 | | The individual to be examined may have, at his or her own | 26 | | expense, another physician of his or her choice present during |
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| 1 | | all aspects of this examination. However, that physician shall | 2 | | be present only to observe and may not interfere in any way | 3 | | with the examination. | 4 | | Failure of an individual to submit to a mental or physical | 5 | | examination, when ordered, shall result in an automatic | 6 | | suspension of his or her license until the individual submits | 7 | | to the examination. | 8 | | If the Department or Board finds an individual unable to | 9 | | practice because of the reasons set forth in this Section, the | 10 | | Department or Board may require that individual to submit to | 11 | | care, counseling, or treatment by physicians approved or | 12 | | designated by the Department or Board, as a condition, term, | 13 | | or restriction for continued, reinstated, or renewed licensure | 14 | | to practice; or, in lieu of care, counseling, or treatment, | 15 | | the Department may file, or the Board may recommend to the | 16 | | Department to file, a complaint to immediately suspend, | 17 | | revoke, or otherwise discipline the license of the individual. | 18 | | An individual whose license was granted, continued, | 19 | | reinstated, renewed, disciplined or supervised subject to such | 20 | | terms, conditions, or restrictions, and who fails to comply | 21 | | with such terms, conditions, or restrictions, shall be | 22 | | referred to the Secretary for a determination as to whether | 23 | | the individual shall have his or her license suspended | 24 | | immediately, pending a hearing by the Department. | 25 | | In instances in which the Secretary immediately suspends a | 26 | | person's license under this Section, a hearing on that |
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| 1 | | person's license must be convened by the Department within 30 | 2 | | days after the suspension and completed without appreciable | 3 | | delay. The Department and Board shall have the authority to | 4 | | review the subject individual's record of treatment and | 5 | | counseling regarding the impairment to the extent permitted by | 6 | | applicable federal statutes and regulations safeguarding the | 7 | | confidentiality of medical records. | 8 | | An individual licensed under this Act and affected under | 9 | | this Section shall be afforded an opportunity to demonstrate | 10 | | to the Department or Board that he or she can resume practice | 11 | | in compliance with acceptable and prevailing standards under | 12 | | the provisions of his or her license. | 13 | | (f) A fine shall be paid within 60 days after the effective | 14 | | date of the order imposing the fine or in accordance with the | 15 | | terms set forth in the order imposing the fine. | 16 | | (g) The Department may adopt rules to implement the | 17 | | changes made by this amendatory Act of the 102nd General | 18 | | Assembly. | 19 | | (Source: P.A. 102-1117, eff. 1-13-23.) | 20 | | Section 20. The Professional Counselor and Clinical | 21 | | Professional Counselor Licensing and Practice Act is amended | 22 | | by changing Sections 25, 37, 50, and 80 as follows: | 23 | | (225 ILCS 107/25) | 24 | | (Section scheduled to be repealed on January 1, 2028) |
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| 1 | | Sec. 25. Powers and duties of the Department. Subject to | 2 | | the provisions of this Act, the Department may: | 3 | | (a) Authorize examinations to ascertain the | 4 | | qualifications and fitness of applicants for licensing as | 5 | | professional counselors or clinical professional | 6 | | counselors and pass upon the qualifications of applicants | 7 | | for licensure by endorsement. All examinations, either | 8 | | conducted or authorized, must allow reasonable | 9 | | accommodations for applicants for whom English is not | 10 | | their primary language and a test in their primary | 11 | | language test is not available. Further, all examinations | 12 | | either conducted or authorized must comply with all | 13 | | communication access and reasonable modification | 14 | | requirements in Section 504 of the federal Rehabilitation | 15 | | Act of 1973 and Title II of the Americans with | 16 | | Disabilities Act of 1990. | 17 | | (b) Conduct hearings on proceedings to refuse to issue | 18 | | or renew or to revoke licenses or suspend, place on | 19 | | probation, censure, or reprimand or take any other | 20 | | disciplinary or non-disciplinary action with regard to a | 21 | | person licensed under this Act. | 22 | | (c) Formulate rules and regulations required for the | 23 | | administration of this Act. | 24 | | (d) (Blank). | 25 | | (e) Establish rules for determining approved graduate | 26 | | professional counseling, clinical professional |
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| 1 | | counseling, psychology, rehabilitation counseling and | 2 | | similar programs. | 3 | | (Source: P.A. 102-878, eff. 1-1-23 .) | 4 | | (225 ILCS 107/37) | 5 | | (Section scheduled to be repealed on January 1, 2028) | 6 | | Sec. 37. Social Security Number or individual taxpayer | 7 | | identification number on license application. In addition to | 8 | | any other information required to be contained in the | 9 | | application, every application for an original license under | 10 | | this Act shall include the applicant's Social Security Number | 11 | | or individual taxpayer identification number , which shall be | 12 | | retained in the agency's records pertaining to the license. As | 13 | | soon as practical, the Department shall assign a customer's | 14 | | identification number to each applicant for a license. | 15 | | Every application for a renewal or restored license shall | 16 | | require the applicant's customer identification number. | 17 | | (Source: P.A. 97-400, eff. 1-1-12 .) | 18 | | (225 ILCS 107/50) | 19 | | (Section scheduled to be repealed on January 1, 2028) | 20 | | Sec. 50. Licenses; renewal; restoration; person in | 21 | | military service; inactive status. | 22 | | (a) The expiration date and renewal period for each | 23 | | license issued under this Act shall be set by rule. As a | 24 | | condition for renewal of a license, the licensee shall be |
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| 1 | | required to complete continuing education in accordance with | 2 | | rules established by the Department and pay the current | 3 | | renewal fee. | 4 | | (b) Any person who has permitted a license to expire or who | 5 | | has a license on inactive status may have it restored by | 6 | | submitting an application to the Department and filing proof | 7 | | of fitness acceptable to the Department, to have the license | 8 | | restored, including, if appropriate, evidence which is | 9 | | satisfactory to the Department certifying the active practice | 10 | | of professional counseling or clinical professional counseling | 11 | | in another jurisdiction and by paying the required fee. | 12 | | (c) If the person has not maintained an active practice in | 13 | | another jurisdiction which is satisfactory to the Department, | 14 | | the Department shall determine, by rule, the person's fitness | 15 | | to resume active status and shall establish procedures and | 16 | | requirements for restoration. | 17 | | (d) However, any person whose license expired while he or | 18 | | she was (i) in federal service on active duty with the armed | 19 | | forces of the United States or the State Militia or (ii) in | 20 | | training or education under the supervision of the United | 21 | | States government prior to induction into the military service | 22 | | may have his or her license restored without paying any lapsed | 23 | | renewal fees if, within 2 years after the honorable | 24 | | termination of such service, training, or education, the | 25 | | Department is furnished with satisfactory evidence that the | 26 | | person has been so engaged and that such service, training, or |
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| 1 | | education has been so terminated. | 2 | | (e) A license to practice shall not be denied any | 3 | | applicant because of the applicant's race, religion, creed, | 4 | | national origin, real or perceived immigration status, | 5 | | political beliefs or activities, age, sex, sexual orientation, | 6 | | or physical impairment. | 7 | | (f) (Blank). | 8 | | (g) Notwithstanding any other provision of law, the | 9 | | following requirements for restoration of an inactive or | 10 | | expired license of 5 years or less as set forth in subsections | 11 | | (b), (c), and (f) are suspended for any licensed clinical | 12 | | professional counselor who has had no disciplinary action | 13 | | taken against his or her license in this State or in any other | 14 | | jurisdiction during the entire period of licensure: proof of | 15 | | fitness, certification of active practice in another | 16 | | jurisdiction, and the payment of a renewal fee. An individual | 17 | | may not restore his or her license in accordance with this | 18 | | subsection more than once. | 19 | | (Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; | 20 | | 103-154, eff. 6-30-23.) | 21 | | (225 ILCS 107/80) | 22 | | (Section scheduled to be repealed on January 1, 2028) | 23 | | Sec. 80. Grounds for discipline. | 24 | | (a) The Department may refuse to issue, renew, or may | 25 | | revoke, suspend, place on probation, reprimand, or take other |
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| 1 | | disciplinary or non-disciplinary action as the Department | 2 | | deems appropriate, including the issuance of fines not to | 3 | | exceed $10,000 for each violation, with regard to any license | 4 | | for any one or more of the following: | 5 | | (1) Material misstatement in furnishing information to | 6 | | the Department or to any other State agency. | 7 | | (2) Violations or negligent or intentional disregard | 8 | | of this Act or rules adopted under this Act. | 9 | | (3) Conviction by plea of guilty or nolo contendere, | 10 | | finding of guilt, jury verdict, or entry of judgment or by | 11 | | sentencing of any crime, including, but not limited to, | 12 | | convictions, preceding sentences of supervision, | 13 | | conditional discharge, or first offender probation, under | 14 | | the laws of any jurisdiction of the United States: (i) | 15 | | that is a felony or (ii) that is a misdemeanor, an | 16 | | essential element of which is dishonesty, or that is | 17 | | directly related to the practice of the profession. | 18 | | (4) Fraud or any misrepresentation in applying for or | 19 | | procuring a license under this Act or in connection with | 20 | | applying for renewal of a license under this Act. | 21 | | (5) Professional incompetence or gross negligence in | 22 | | the rendering of professional counseling or clinical | 23 | | professional counseling services. | 24 | | (6) Malpractice. | 25 | | (7) Aiding or assisting another person in violating | 26 | | any provision of this Act or any rules. |
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| 1 | | (8) Failing to provide information within 60 days in | 2 | | response to a written request made by the Department. | 3 | | (9) Engaging in dishonorable, unethical, or | 4 | | unprofessional conduct of a character likely to deceive, | 5 | | defraud, or harm the public and violating the rules of | 6 | | professional conduct adopted by the Department. | 7 | | (10) Habitual or excessive use or abuse of drugs as | 8 | | defined in law as controlled substances, alcohol, or any | 9 | | other substance which results in inability to practice | 10 | | with reasonable skill, judgment, or safety. | 11 | | (11) Discipline by another jurisdiction, the District | 12 | | of Columbia, territory, county, or governmental agency, if | 13 | | at least one of the grounds for the discipline is the same | 14 | | or substantially equivalent to those set forth in this | 15 | | Section. | 16 | | (12) Directly or indirectly giving to or receiving | 17 | | from any person, firm, corporation, partnership, or | 18 | | association any fee, commission, rebate or other form of | 19 | | compensation for any professional service not actually | 20 | | rendered. Nothing in this paragraph (12) affects any bona | 21 | | fide independent contractor or employment arrangements | 22 | | among health care professionals, health facilities, health | 23 | | care providers, or other entities, except as otherwise | 24 | | prohibited by law. Any employment arrangements may include | 25 | | provisions for compensation, health insurance, pension, or | 26 | | other employment benefits for the provision of services |
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| 1 | | within the scope of the licensee's practice under this | 2 | | Act. Nothing in this paragraph (12) shall be construed to | 3 | | require an employment arrangement to receive professional | 4 | | fees for services rendered. | 5 | | (13) A finding by the Board that the licensee, after | 6 | | having the license placed on probationary status, has | 7 | | violated the terms of probation. | 8 | | (14) Abandonment of a client. | 9 | | (15) Willfully filing false reports relating to a | 10 | | licensee's practice, including but not limited to false | 11 | | records filed with federal or State agencies or | 12 | | departments. | 13 | | (16) Willfully failing to report an instance of | 14 | | suspected child abuse or neglect as required by the Abused | 15 | | and Neglected Child Reporting Act and in matters | 16 | | pertaining to suspected abuse, neglect, financial | 17 | | exploitation, or self-neglect of adults with disabilities | 18 | | and older adults as set forth in the Adult Protective | 19 | | Services Act. | 20 | | (17) Being named as a perpetrator in an indicated | 21 | | report by the Department of Children and Family Services | 22 | | pursuant to the Abused and Neglected Child Reporting Act, | 23 | | and upon proof by clear and convincing evidence that the | 24 | | licensee has caused a child to be an abused child or | 25 | | neglected child as defined in the Abused and Neglected | 26 | | Child Reporting Act. |
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| 1 | | (18) Physical or mental illness or disability, | 2 | | including, but not limited to, deterioration through the | 3 | | aging process or loss of abilities and skills which | 4 | | results in the inability to practice the profession with | 5 | | reasonable judgment, skill, or safety. | 6 | | (19) Solicitation of professional services by using | 7 | | false or misleading advertising. | 8 | | (20) Allowing one's license under this Act to be used | 9 | | by an unlicensed person in violation of this Act. | 10 | | (21) A finding that licensure has been applied for or | 11 | | obtained by fraudulent means. | 12 | | (22) Practicing under a false or, except as provided | 13 | | by law, an assumed name. | 14 | | (23) Gross and willful overcharging for professional | 15 | | services including filing statements for collection of | 16 | | fees or moneys monies for which services are not rendered. | 17 | | (24) Rendering professional counseling or clinical | 18 | | professional counseling services without a license or | 19 | | practicing outside the scope of a license. | 20 | | (25) Clinical supervisors failing to adequately and | 21 | | responsibly monitor supervisees. | 22 | | All fines imposed under this Section shall be paid within | 23 | | 60 days after the effective date of the order imposing the | 24 | | fine. | 25 | | (b) (Blank). | 26 | | (b-5) The Department may refuse to issue or may suspend |
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| 1 | | without hearing, as provided for in the Code of Civil | 2 | | Procedure, the license of any person who fails to file a | 3 | | return, pay the tax, penalty, or interest shown in a filed | 4 | | return, or pay any final assessment of the tax, penalty, or | 5 | | interest as required by any tax Act administered by the | 6 | | Illinois Department of Revenue, until such time as the | 7 | | requirements of any such tax Act are satisfied in accordance | 8 | | with subsection (g) of Section 2105-15 of the Department of | 9 | | Professional Regulation Law of the Civil Administrative Code | 10 | | of Illinois. | 11 | | (b-10) In cases where the Department of Healthcare and | 12 | | Family Services has previously determined a licensee or a | 13 | | potential licensee is more than 30 days delinquent in the | 14 | | payment of child support and has subsequently certified the | 15 | | delinquency to the Department, the Department may refuse to | 16 | | issue or renew or may revoke or suspend that person's license | 17 | | or may take other disciplinary action against that person | 18 | | based solely upon the certification of delinquency made by the | 19 | | Department of Healthcare and Family Services in accordance | 20 | | with item (5) of subsection (a) of Section 2105-15 of the | 21 | | Department of Professional Regulation Law of the Civil | 22 | | Administrative Code of Illinois. | 23 | | (c) The determination by a court that a licensee is | 24 | | subject to involuntary admission or judicial admission as | 25 | | provided in the Mental Health and Developmental Disabilities | 26 | | Code will result in an automatic suspension of his or her |
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| 1 | | license. The suspension will end upon a finding by a court that | 2 | | the licensee is no longer subject to involuntary admission or | 3 | | judicial admission, the issuance of an order so finding and | 4 | | discharging the patient, and the recommendation of the Board | 5 | | to the Secretary that the licensee be allowed to resume | 6 | | professional practice. | 7 | | (c-1) The Department shall not revoke, suspend, summarily | 8 | | suspend, place on prohibition, reprimand, refuse to issue or | 9 | | renew, or take any other disciplinary or non-disciplinary | 10 | | action against the license or permit issued under this Act to | 11 | | practice as a professional counselor or clinical professional | 12 | | counselor based solely upon the professional counselor or | 13 | | clinical professional counselor authorizing, recommending, | 14 | | aiding, assisting, referring for, or otherwise participating | 15 | | in any health care service, so long as the care was not | 16 | | unlawful under the laws of this State, regardless of whether | 17 | | the patient was a resident of this State or another state. | 18 | | (c-2) The Department shall not revoke, suspend, summarily | 19 | | suspend, place on prohibition, reprimand, refuse to issue or | 20 | | renew, or take any other disciplinary or non-disciplinary | 21 | | action against the license or permit issued under this Act to | 22 | | practice as a professional counselor or clinical professional | 23 | | counselor based upon the professional counselor's or clinical | 24 | | professional counselor's license being revoked or suspended, | 25 | | or the professional counselor or clinical professional | 26 | | counselor being otherwise disciplined by any other state, if |
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| 1 | | that revocation, suspension, or other form of discipline was | 2 | | based solely on the professional counselor or clinical | 3 | | professional counselor violating another state's laws | 4 | | prohibiting the provision of, authorization of, recommendation | 5 | | of, aiding or assisting in, referring for, or participation in | 6 | | any health care service if that health care service as | 7 | | provided would not have been unlawful under the laws of this | 8 | | State and is consistent with the standards of conduct for a | 9 | | professional counselor or clinical professional counselor | 10 | | practicing in Illinois. | 11 | | (c-3) The conduct specified in subsection subsections | 12 | | (c-1) , and (c-2) , (c-6), or (c-7) shall not constitute grounds | 13 | | for suspension under Section 145. | 14 | | (c-4) An applicant seeking licensure, certification, or | 15 | | authorization pursuant to this Act who has been subject to | 16 | | disciplinary action by a duly authorized professional | 17 | | disciplinary agency of another jurisdiction solely on the | 18 | | basis of having authorized, recommended, aided, assisted, | 19 | | referred for, or otherwise participated in health care shall | 20 | | not be denied such licensure, certification, or authorization, | 21 | | unless the Department determines that such action would have | 22 | | constituted professional misconduct in this State; however, | 23 | | nothing in this Section shall be construed as prohibiting the | 24 | | Department from evaluating the conduct of such applicant and | 25 | | making a determination regarding the licensure, certification, | 26 | | or authorization to practice a profession under this Act. |
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| 1 | | (c-5) In enforcing this Act, the Department, upon a | 2 | | showing of a possible violation, may compel an individual | 3 | | licensed to practice under this Act, or who has applied for | 4 | | licensure under this Act, to submit to a mental or physical | 5 | | examination, or both, as required by and at the expense of the | 6 | | Department. The Department may order the examining physician | 7 | | to present testimony concerning the mental or physical | 8 | | examination of the licensee or applicant. No information shall | 9 | | be excluded by reason of any common law or statutory privilege | 10 | | relating to communications between the licensee or applicant | 11 | | and the examining physician. The examining physicians shall be | 12 | | specifically designated by the Department. The individual to | 13 | | be examined may have, at his or her own expense, another | 14 | | physician of his or her choice present during all aspects of | 15 | | this examination. The examination shall be performed by a | 16 | | physician licensed to practice medicine in all its branches. | 17 | | Failure of an individual to submit to a mental or physical | 18 | | examination, when directed, shall result in an automatic | 19 | | suspension without hearing. | 20 | | All substance-related violations shall mandate an | 21 | | automatic substance abuse assessment. Failure to submit to an | 22 | | assessment by a licensed physician who is certified as an | 23 | | addictionist or an advanced practice registered nurse with | 24 | | specialty certification in addictions may be grounds for an | 25 | | automatic suspension. | 26 | | If the Department finds an individual unable to practice |
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| 1 | | or unfit for duty because of the reasons set forth in this | 2 | | subsection (c-5), the Department may require that individual | 3 | | to submit to a substance abuse evaluation or treatment by | 4 | | individuals or programs approved or designated by the | 5 | | Department, as a condition, term, or restriction for | 6 | | continued, restored, or renewed licensure to practice; or, in | 7 | | lieu of evaluation or treatment, the Department may file, or | 8 | | the Board may recommend to the Department to file, a complaint | 9 | | to immediately suspend, revoke, or otherwise discipline the | 10 | | license of the individual. An individual whose license was | 11 | | granted, continued, restored, renewed, disciplined, or | 12 | | supervised subject to such terms, conditions, or restrictions, | 13 | | and who fails to comply with such terms, conditions, or | 14 | | restrictions, shall be referred to the Secretary for a | 15 | | determination as to whether the individual shall have his or | 16 | | her license suspended immediately, pending a hearing by the | 17 | | Department. | 18 | | A person holding a license under this Act or who has | 19 | | applied for a license under this Act who, because of a physical | 20 | | or mental illness or disability, including, but not limited | 21 | | to, deterioration through the aging process or loss of motor | 22 | | skill, is unable to practice the profession with reasonable | 23 | | judgment, skill, or safety, may be required by the Department | 24 | | to submit to care, counseling, or treatment by physicians | 25 | | approved or designated by the Department as a condition, term, | 26 | | or restriction for continued, reinstated, or renewed licensure |
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| 1 | | to practice. Submission to care, counseling, or treatment as | 2 | | required by the Department shall not be considered discipline | 3 | | of a license. If the licensee refuses to enter into a care, | 4 | | counseling, or treatment agreement or fails to abide by the | 5 | | terms of the agreement, the Department may file a complaint to | 6 | | revoke, suspend, or otherwise discipline the license of the | 7 | | individual. The Secretary may order the license suspended | 8 | | immediately, pending a hearing by the Department. Fines shall | 9 | | not be assessed in disciplinary actions involving physical or | 10 | | mental illness or impairment. | 11 | | In instances in which the Secretary immediately suspends a | 12 | | person's license under this Section, a hearing on that | 13 | | person's license must be convened by the Department within 15 | 14 | | days after the suspension and completed without appreciable | 15 | | delay. The Department shall have the authority to review the | 16 | | subject individual's record of treatment and counseling | 17 | | regarding the impairment to the extent permitted by applicable | 18 | | federal statutes and regulations safeguarding the | 19 | | confidentiality of medical records. | 20 | | An individual licensed under this Act and affected under | 21 | | this Section shall be afforded an opportunity to demonstrate | 22 | | to the Department that he or she can resume practice in | 23 | | compliance with acceptable and prevailing standards under the | 24 | | provisions of his or her license. | 25 | | (c-6) The Department may not revoke, suspend, summarily | 26 | | suspend, place on prohibition, reprimand, refuse to issue or |
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| 1 | | renew, or take any other disciplinary or non-disciplinary | 2 | | action against the license or permit issued under this Act to | 3 | | practice as a professional counselor or clinical professional | 4 | | counselor based solely upon an immigration violation by the | 5 | | counselor. | 6 | | (c-7) The Department may not revoke, suspend, summarily | 7 | | suspend, place on prohibition, reprimand, refuse to issue or | 8 | | renew, or take any other disciplinary or non-disciplinary | 9 | | action against the license or permit issued under this Act to | 10 | | practice as a professional counselor or clinical professional | 11 | | counselor based upon the professional counselor's or clinical | 12 | | professional counselor's license being revoked or suspended, | 13 | | or the professional counselor or clinical professional | 14 | | counselor being otherwise disciplined by any other state, if | 15 | | that revocation, suspension, or other form of discipline was | 16 | | based solely upon an immigration violation by the counselor. | 17 | | (d) (Blank). | 18 | | (e) The Department may adopt rules to implement the | 19 | | changes made by this amendatory Act of the 102nd General | 20 | | Assembly. | 21 | | (Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.) | | | | HB5457 Enrolled | - 47 - | LRB103 38890 RTM 69027 b |
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INDEX
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Statutes amended in order of appearance
| | 3 | | 225 ILCS 20/7 | from Ch. 111, par. 6357 | | 4 | | 225 ILCS 20/7.5 | | | 5 | | 225 ILCS 20/8.3 new | | | 6 | | 225 ILCS 20/19 | from Ch. 111, par. 6369 | | 7 | | 225 ILCS 55/30 | from Ch. 111, par. 8351-30 | | 8 | | 225 ILCS 55/32 | | | 9 | | 225 ILCS 55/37 new | | | 10 | | 225 ILCS 55/85 | from Ch. 111, par. 8351-85 | | 11 | | 225 ILCS 107/37 | | | 12 | | 225 ILCS 107/43 new | | | 13 | | 225 ILCS 107/50 | | | 14 | | 225 ILCS 107/80 | |
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