(225 ILCS 20/4)
(from Ch. 111, par. 6354)
(Section scheduled to be repealed on January 1, 2028)
1. This Act does not prohibit any of the following:
(a) Any persons legally regulated in this State under
any other Act from engaging in the practice for which they are authorized, provided that they do not represent themselves by any title as being engaged in the independent practice of clinical social work or the practice of social work as defined in this Act, nor does it prohibit the practice of nonregulated professions whose practitioners are engaged in the delivery of human services, provided such practitioners do not represent themselves as or use the title of clinical social worker or social worker.
(b) The practice of clinical social work or social
work by a person who is employed by the United States government or by the State of Illinois, unit of local government or any bureau, division or agency thereof while in the discharge of the employee's official duties. Clinical social workers employed by the State of Illinois who are hired after the effective date of this amendatory Act of 1994 shall hold a valid license, issued by this State, to practice as a licensed clinical social worker, except for those clinical social workers employed by the State who obtain their positions through promotion.
(c) The practice of a student pursuing a course of
professional education under the terms of this Act, if these activities and services constitute a part of such student's supervised course of study.
(d) A person from practicing social work if the
person is obtaining experience for licensure as a clinical social worker or social worker, provided the person is designated by a title that clearly indicates training status.
2. Nothing in this Act shall be construed to apply to any person engaged
in the bona fide practice of religious ministry provided the person does not
hold himself out to be engaged in the independent practice of clinical social
work or the practice of social work.
3. This Act does not prohibit a person serving as a volunteer so long
as no representation prohibited by this Section is made.
4. Nothing contained in this Act shall be construed to require any
hospital, clinic, home health agency, hospice, or other entity which
provides health care to employ or to contract with a licensed clinical
social worker to provide clinical social work practice or the independent
practice of clinical social work as described in this Act.
(Source: P.A. 100-414, eff. 8-25-17.)
(225 ILCS 20/16)
(from Ch. 111, par. 6366)
(Section scheduled to be repealed on January 1, 2028)
Privileged communications and exceptions.
1. No licensed clinical social worker or licensed social worker shall
disclose any information acquired from persons consulting the social worker
in a professional capacity, except that which may be voluntarily disclosed
under the following circumstances:
(a) In the course of formally reporting, conferring
or consulting with administrative superiors, colleagues or consultants who share professional responsibility, including a professional responsibility to maintain confidentiality, in which instance all recipients of such information are similarly bound to regard the communication as privileged;
(b) With the written consent of the person who
provided the information;
(c) In case of death or disability, with the written
consent of a personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health or physical condition;
(d) When a communication reveals the intended
commission of a crime or harmful act and such disclosure is judged necessary by the licensed clinical social worker or licensed social worker to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety;
(e) When the person waives the privilege by bringing
any public charges against the licensee; or
(f) When the information is acquired during the
course of investigating a report or working on a case of abuse, neglect, financial exploitation, or self-neglect of an eligible adult by a designated adult protective services agency and disclosure of the information is in accordance with the provisions of Section 8 of the Adult Protective Services Act.
2. When the person is a minor under the laws of the State of Illinois
and the information acquired by the licensed clinical social worker or
licensed social worker indicates the minor was
the victim or subject of a crime, the licensed clinical social worker or
licensed social worker may be required to testify
in any judicial proceedings in which the commission of that crime is the
subject of inquiry and when, after in camera review of the information that
the licensed clinical social worker or licensed social worker acquired,
the court determines that the interests of the
minor in having the information held privileged are outweighed by the
requirements of justice, the need to protect the public safety or the need
to protect the minor, except as provided under the Abused and Neglected
Child Reporting Act.
3. Any person having access to records or any one who participates in
providing social work services or who, in providing any human services,
is supervised by a licensed clinical social worker or licensed social
worker, is similarly bound to regard all information
and communications as privileged in accord with this Section.
4. Nothing shall be construed to prohibit a licensed
clinical social worker or licensed social worker from
voluntarily testifying in court hearings concerning matters of adoption, child
abuse, child neglect or other matters pertaining to children,
except as provided under the Abused and Neglected Child Reporting Act.
5. The Mental Health and Developmental Disabilities Confidentiality
Act, as now or hereafter amended, is incorporated herein as if all of its
provisions were included in this Act.
(Source: P.A. 98-49, eff. 7-1-13
(225 ILCS 20/19)
(from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2028)
Grounds for disciplinary action.
(1) The Department may refuse to issue or renew a license, or may suspend,
revoke, place on probation, reprimand, or take
any other disciplinary or non-disciplinary action deemed appropriate by the Department, including the
imposition of fines not to exceed $10,000
for each violation, with regard to any
license issued under the provisions of this Act for any one or a combination of
the following grounds:
(a) material misstatements in furnishing information
to the Department or to any other State agency or in furnishing information to any insurance company with respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) conviction of or entry of a plea of guilty or
nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the clinical social work or social work professions;
(d) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with applying for renewal or restoration of a license under this Act;
(e) professional incompetence;
(f) gross negligence in practice under this Act;
(g) aiding or assisting another person in violating
any provision of this Act or its rules;
(h) failing to provide information within 60 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive, defraud or harm the public as defined by the rules of the Department, or violating the rules of professional conduct adopted by the Department;
(j) habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of any other substances that results in the inability to practice with reasonable judgment, skill, or safety;
(k) adverse action taken by another state or
jurisdiction, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section;
(l) directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate or other form of compensation for any professional service not actually rendered. Nothing in this paragraph (l) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (l) shall be construed to require an employment arrangement to receive professional fees for services rendered;
(m) a finding by the Department that the licensee,
after having the license placed on probationary status, has violated the terms of probation or failed to comply with such terms;
(n) abandonment, without cause, of a client;
(o) willfully making or filing false records or
reports relating to a licensee's practice, including, but not limited to, false records filed with Federal or State agencies or departments;
(p) willfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act;
(q) being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to, deterioration through the aging process, or loss of motor skills that results in the inability to practice the profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising;
(t) violation of the Health Care Worker Self-Referral
(u) willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act; or
(v) being named as an abuser in a verified report
by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
(3) The determination by a court that a licensee is subject to
admission or judicial admission as provided in the Mental Health and
Developmental Disabilities Code, will result in an automatic suspension of his
license. Such suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial admission and issues
an order so finding and discharging the patient, and upon the recommendation of
the Board to the Secretary that the licensee be allowed to resume professional
(4) The Department shall refuse to issue or renew or may suspend the license of a
person who (i) fails to file a return, pay the tax, penalty, or interest shown in a
filed return, or pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of Revenue,
until the requirements of the tax Act are satisfied or (ii) has failed to pay any court-ordered child support as determined by a court order or by
referral from the Department of Healthcare and Family Services.
(5)(a) In enforcing this Section, the Department or Board, upon a showing of a possible
violation, may compel a person licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, which may include a substance abuse or sexual offender evaluation, as required by and at the expense
of the Department.
(b) The Department shall specifically designate the examining physician licensed to practice medicine in all of its branches or, if applicable, the multidisciplinary team involved in providing the mental or physical examination or both. The multidisciplinary team shall be led by a physician licensed to practice medicine in all of its branches and may consist of one or more or a combination of physicians licensed to practice medicine in all of its branches, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff. Any examining physician or member of the multidisciplinary team may require any person ordered to submit to an examination pursuant to this Section to submit to any additional supplemental testing deemed necessary to complete any examination or evaluation process, including, but not limited to, blood testing, urinalysis, psychological testing, or neuropsychological testing.
(c) The Board or the Department may order the examining physician or any member of the multidisciplinary team
to present testimony concerning this mental or physical
of the licensee or applicant. No information, report, record, or other documents in any way related to the examination shall be excluded by reason of
any common law or statutory privilege relating to communications between the
licensee or applicant and the examining physician or any member of the multidisciplinary team.
No authorization is necessary from the licensee or applicant ordered to undergo an examination for the examining physician or any member of the multidisciplinary team to provide information, reports, records, or other documents or to provide any testimony regarding the examination and evaluation.
(d) The person to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of the examination. However, that physician shall be present only to observe and may not interfere in any way with the examination.
(e) Failure of any person to submit to a mental or
physical examination without reasonable cause, when ordered, shall result in an automatic suspension of his or her
license until the person submits to the examination.
(f) If the Department or Board finds a person unable to practice because of the reasons
set forth in this Section, the Department or Board may require that person to submit to
care, counseling, or treatment by physicians
or designated by the Department or Board, as a condition, term, or restriction for continued,
renewed licensure to practice; or, in lieu of care, counseling or treatment,
the Department may file, or the
Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the person.
Any person whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions or restrictions, and who fails to comply with
such terms, conditions, or restrictions, shall be referred to the Secretary for
determination as to whether the person shall have his or her license
suspended immediately, pending a hearing by the Department.
(g) All fines imposed shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
In instances in which the Secretary immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30 days after the suspension and completed without appreciable
The Department and Board shall have the authority to review the subject person's record of
treatment and counseling regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
A person licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department or Board that he or she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-414, eff. 8-25-17.)