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90_HB0427enr
5 ILCS 80/4.9 from Ch. 127, par. 1904.9
5 ILCS 80/4.18 new
Amends the Regulatory Agency Sunset Act to extend the
sunset date of the Clinical Social Work and Social Work
Practice Act to January 1, 2008.
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1 AN ACT to extend the Social Work Examining and
2 Disciplinary Board, concerning the practice of social work,
3 and amending named Acts.
4 Be it enacted by the People of the State of Illinois,
5 Section 5. The Regulatory Agency Sunset Act is amended
6 by changing Section 4.9 and adding Section 4.18 as follows:
7 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
8 (Text of Section before amendment by P.A. 89-702)
9 Sec. 4.9. The following Acts are repealed December 31,
10 1997:
11 The Medical Practice Act of 1987.
12 The Illinois Optometric Practice Act of 1987.
13 The Podiatric Medical Practice Act of 1987.
14 The Nursing Home Administrators Licensing and
15 Disciplinary Act.
16 The Physician Assistant Practice Act of 1987.
17 The Illinois Nursing Act of 1987.
18 The Clinical Social Work and Social Work Practice Act.
19 The Clinical Psychologist Licensing Act.
20 The Illinois Speech-Language Pathology and Audiology
21 Practice Act.
22 The Marriage and Family Therapy Licensing Act.
23 (Source: P.A. 89-706, eff. 1-31-97.)
24 (Text of Section after amendment by P.A. 89-702)
25 Sec. 4.9. The following Acts are repealed December 31,
26 1997:
27 The Podiatric Medical Practice Act of 1987.
28 The Nursing Home Administrators Licensing and
29 Disciplinary Act.
30 The Physician Assistant Practice Act of 1987.
31 The Illinois Nursing Act of 1987.
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1 The Clinical Social Work and Social Work Practice Act.
2 The Illinois Speech-Language Pathology and Audiology
3 Practice Act.
4 The Marriage and Family Therapy Licensing Act.
5 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
6 revised 2-7-97.)
7 (5 ILCS 80/4.18 new)
8 Sec. 4.18. Act repealed on January 1, 2008. The
9 following Act is repealed on January 1, 2008:
10 The Clinical Social Work and Social Work Practice Act.
11 Section 10. The Clinical Social Work and Social Work
12 Practice Act is amended by changing Sections 6, 7, 8, 9, 9A,
13 10, 10.5, 11, 13, 19, 22, 27, 28, and 31 and by adding
14 Section 12.5 as follows:
15 (225 ILCS 20/6) (from Ch. 111, par. 6356)
16 Sec. 6. Social Work Examining and Disciplinary Board.
17 (1) 1. The Director shall appoint a Social Work
18 Examining and Disciplinary Board consisting of 9 persons who
19 shall serve in an advisory capacity to the Director. The
20 Board shall be composed of 5 licensed clinical social
21 workers, one of whom shall be a certified school social
22 worker, one of whom shall be employed in the private
23 not-for-profit sector and one of whom shall serve as the
24 chairperson, two licensed social workers, and 2 members of
25 the public who are not regulated under this Act or a similar
26 Act and who clearly represent consumer interests.
27 (2) 2. Members shall serve for a term of 4 years and
28 until their successors are appointed and qualified, except
29 for the initial appointments by which 1 member shall be
30 appointed for 1 year, 1 shall be appointed to serve 2 years,
31 1 shall be appointed to serve 3 years and the remainder to
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1 serve for 4 years, and until their successors are appointed
2 and qualified. No member shall be reappointed if such
3 reappointment would cause that person's service on the Board
4 to be longer than 8 successive years. Appointments to fill
5 vacancies for the unexpired portion of a vacated term shall
6 be made in the same manner as original appointments. Initial
7 terms shall begin upon the effective date of this Act. The
8 Board members added by this amendatory Act of 1991 shall be
9 appointed as soon as possible after the effective date of
10 this amendatory Act of 1991 and shall be appointed to a term
11 of 4 years.
12 (3) 3. The membership of the Board should reasonably
13 reflect representation from different geographic areas of
14 Illinois.
15 (4) 4. The Director may terminate the appointment of any
16 member for cause set forth in writing which, in the opinion
17 of the Director, justifies such termination.
18 (5) 5. The Director shall consider the recommendation of
19 the Board on all matters and questions relating to this Act.
20 (6) 6. The Board is charged with the duties and
21 responsibilities of recommending to the Director the adoption
22 of all policies, procedures and rules which may be required
23 or deemed advisable in order to perform the duties and
24 functions conferred on the Board, the Director and the
25 Department to carry out the provisions of this Act.
26 (7) 7. The Board shall make recommendations on all
27 matters relating to continuing education including the number
28 of hours necessary for license renewal, waivers for those
29 unable to meet such requirements and acceptable course
30 content. Such recommendations shall not impose an undue
31 burden on the Department or an unreasonable restriction on
32 those seeking license renewal.
33 (8) The Board shall annually elect one of its members as
34 chairperson and one as vice chairperson.
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1 (9) Members of the Board shall be reimbursed for all
2 authorized legitimate and necessary expenses incurred in
3 attending the meetings of the Board.
4 (10) A majority of the Board members currently appointed
5 shall constitute a quorum. A vacancy in the membership of
6 the Board shall not impair the right of a quorum to perform
7 all of the duties of the Board.
8 (11) Members of the Board shall have no liability in an
9 action based upon a disciplinary proceeding or other activity
10 performed in good faith as a member of the Board.
11 (Source: P.A. 87-576.)
12 (225 ILCS 20/7) (from Ch. 111, par. 6357)
13 Sec. 7. Applications for original license. Applications
14 for original licenses shall be made to the Department on
15 forms prescribed by the Department and accompanied by the
16 required fee which shall not be refundable. All applications
17 shall contain such information which, in the judgment of the
18 Department, will enable the Department to pass on the
19 qualifications of the applicant for a license to practice as
20 a licensed clinical social worker, or to pass on the
21 qualifications as a licensed social worker.
22 A license to practice shall not be denied an applicant
23 because of the applicant's race, religion, creed, national
24 origin, political beliefs or activities, age, sex, sexual
25 orientation, or physical impairment.
26 Applicants have 3 years from the date of application to
27 complete the application process. If the process has not
28 been completed in 3 years, the application shall be denied,
29 the fee shall be forfeited, and the applicant must reapply
30 and meet the requirements in effect at the time of
31 reapplication.
32 (Source: P.A. 85-1131.)
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1 (225 ILCS 20/8) (from Ch. 111, par. 6358)
2 Sec. 8. Examination - Failure or refusal to take
3 examination.
4 (1) 1. The Department shall authorize examinations of
5 applicants at such times and places as it may determine.
6 Each examination shall be of a character to fairly test the
7 competence and qualifications of the applicants to practice
8 as a licensed clinical social worker or as a licensed social
9 worker.
10 (2) 2. Applicants for examination shall pay, either to
11 the Department or to the designated testing service, a fee
12 covering the cost of determining the applicant's eligibility
13 and of providing the examination. Failure to appear for the
14 examination on the scheduled date at the time and place
15 specified after the applicant's application for examination
16 has been received and acknowledged by the Department or the
17 designated testing service shall result in forfeiture of the
18 examination fee.
19 (3) (Blank) 3. If an applicant neglects, fails or
20 refuses to take an examination or fails to pass an
21 examination for a license under this Act within 3 years after
22 filing an application, the application will be denied.
23 However, such applicant may thereafter make a new application
24 accompanied by the required fee. The applicant shall meet
25 any requirements in effect at the time of the new
26 application. In the event an applicant has passed part of an
27 examination administered during the 3 year period, but has
28 failed to pass the examination in its entirety, said
29 individual's partial scores shall be void, and he shall be
30 required to retake all portions of the examination within a
31 successive 3 year period.
32 (4) 4. The Department may employ consultants for the
33 purpose of preparing and conducting examinations.
34 (5) 5. An applicant has one year from the date of
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1 notification of successful completion of the examination to
2 apply to the Department for a license. If an applicant fails
3 to apply within one year, the examination scores shall be
4 void and the applicant shall be required to take and pass the
5 examination again unless licensed in another jurisdiction of
6 the United States within one year of passing the examination.
7 (Source: P.A. 86-615.)
8 (225 ILCS 20/9) (from Ch. 111, par. 6359)
9 Sec. 9. Qualification for License. A person shall be
10 qualified to be licensed as a clinical social worker and the
11 Department shall issue a license authorizing the independent
12 practice of clinical social work to an applicant who:
13 (1) 1. has applied in writing on the prescribed form;
14 (2) 2. is of good moral character. In determining good
15 moral character, the Department may take into consideration
16 whether the applicant was engaged in conduct or actions that
17 would constitute grounds for discipline under this Act Any
18 felony conviction of the applicant or any convictions
19 involving those matters set forth in Section 20 shall be
20 considered in a determination of moral character, but such a
21 conviction shall not operate as a bar to registration for
22 examinations;
23 (3)(A) 3. (a) demonstrates to the satisfaction of the
24 Department that subsequent to securing a master's degree
25 in social work from an approved program the applicant has
26 successfully completed at least 3,000 hours of
27 satisfactory, supervised clinical professional
28 experience; or
29 (B) (b) demonstrates to the satisfaction of the
30 Department that such applicant has received a doctor's
31 degree in social work from an approved program and has
32 completed at least 2,000 hours of satisfactory,
33 supervised clinical professional experience subsequent to
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1 the degree;
2 (4) 4. has passed the examination for the practice of
3 clinical social work as authorized by the Department; and
4 (5) 5. has paid the required fees required by this Act.
5 (Source: P.A. 85-967.)
6 (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
7 Sec. 9A. Qualifications for license as licensed social
8 worker. A person shall be qualified to be licensed as a
9 licensed social worker and the Department shall issue a
10 license authorizing the practice of social work to an
11 applicant who:
12 (1) 1. has applied in writing on the prescribed form;
13 (2) 2. is of good moral character, as defined in
14 subsection (2) of Section 9;
15 (3) 3. (a) has a degree from a graduate program of
16 social work approved by the Department; or
17 (b) has a degree in social work from an
18 undergraduate program approved by the Department, and has
19 successfully completed at least 3 years of supervised
20 professional experience subsequent to obtaining the
21 degree as established by rule. If no supervision by a
22 licensed social worker or a licensed clinical social
23 worker is available, then supervised professional
24 experience may include supervision by other appropriate
25 disciplines as defined by rule.
26 (4) 4. has passed the examination for the practice of
27 social work as a licensed social worker as authorized by the
28 Department; and
29 (5) 5. has paid the required fees required by this Act.
30 (Source: P.A. 85-1131.)
31 (225 ILCS 20/10) (from Ch. 111, par. 6360)
32 Sec. 10. License restrictions and limitations.
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1 (a) No person shall, without a license as a social
2 worker issued by the Department: (i) in any manner hold
3 himself or herself out to the public as a social worker under
4 this Act; (ii) use the title "social worker" or "licensed
5 social worker"; or (iii) offer to render to individuals,
6 corporations, or the public social work services if the words
7 "social work" or "licensed social worker" are used to
8 describe the person offering to render or rendering the
9 services or to describe the services rendered or offered to
10 be rendered.
11 (b) No person shall, without a license as a clinical
12 social worker issued by the Department: (i) in any manner
13 hold himself or herself out to the public as a clinical
14 social worker or licensed clinical social worker under this
15 Act; (ii) use the title "clinical social worker" or "licensed
16 clinical social worker"; or (iii) offer to render to
17 individuals, corporations, or the public clinical social work
18 services if the words "licensed clinical social worker" or
19 "clinical social work" are used to describe the person to
20 render or rendering the services or to describe the services
21 rendered or offered to be rendered.
22 (c) Licensed social workers may not engage in
23 independent practice of clinical social work without a
24 clinical social worker license. In independent practice, a
25 licensed social worker shall practice at all times under the
26 order, control, and full professional responsibility of a
27 licensed clinical social worker, a licensed clinical
28 psychologist, or a psychiatrist, as defined in Section 1-121
29 of the Mental Health and Developmental Disabilities Code.
30 (d) No association or partnership shall be granted a
31 license unless every member, partner, and employee of the
32 association or partnership, who practices social work or
33 clinical social work, or who renders social work or clinical
34 social work services, holds a current license issued under
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1 this Act. No license shall be issued to a corporation, the
2 stated purpose of which includes or that practices or holds
3 itself out as available to practice social work or clinical
4 social work unless it is organized under the Professional
5 Service Corporation Act. 1. To safeguard the welfare, health
6 and safety of the people of Illinois, no person may present
7 or represent herself or himself as a clinical social worker
8 or licensed clinical social worker by title, except as
9 authorized by Section 9 and except as stated in Section 4 of
10 this Act.
11 2. To safeguard the welfare, health and safety of the
12 people of Illinois, no person may present or represent
13 herself or himself as a social worker or a licensed social
14 worker, except as authorized by Section 9A and except as
15 stated in Section 4 of this Act. Licensed social workers may
16 not engage in the practice of clinical social work, social
17 casework or social group work in private practice or as a
18 participant in a private group practice without a clinical
19 social work license.
20 (Source: P.A. 87-314; 87-1158.)
21 (225 ILCS 20/10.5)
22 Sec. 10.5. Unlicensed practice; violation; civil
23 penalty.
24 (a) Any person who practices, offers to practice,
25 attempts to practice, or holds himself or herself out to
26 practice as a clinical social worker or social worker without
27 being licensed or exempt under this Act shall, in addition to
28 any other penalty provided by law, pay a civil penalty to the
29 Department in an amount not to exceed $5,000 for each
30 offense, as determined by the Department. The civil penalty
31 shall be assessed by the Department after a hearing is held
32 in accordance with the provisions set forth in this Act
33 regarding the provision of a hearing for the discipline of a
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1 licensee.
2 (b) The Department may investigate any actual, alleged,
3 or suspected unlicensed activity.
4 (c) The civil penalty shall be paid within 60 days after
5 the effective date of the order imposing the civil penalty.
6 The order shall constitute a judgment and may be filed and
7 execution had thereon in the same manner as any judgment from
8 any court of record.
9 (Source: P.A. 88-620, eff. 1-1-95.)
10 (225 ILCS 20/11) (from Ch. 111, par. 6361)
11 Sec. 11. Licenses.
12 (a) A license shall be issued for a 2 year period;
13 however the expiration date for licenses issued under this
14 Act shall be set by rule. The licensee may renew a license
15 during the 30-day period preceding the expiration date by
16 paying the required fee and by demonstrating compliance with
17 any continuing education requirements. Proof of having met
18 the minimum requirements of continuing education, as
19 determined by rule, shall be required for all license
20 renewals. Pursuant to rule, the continuing education
21 requirements may, upon petition to the Board, be waived in
22 whole or in part for licensed social workers or licensed
23 clinical social workers who can demonstrate their service in
24 the Coast Guard or Armed Forces during the period in
25 question, an extreme hardship, or that the license was
26 obtained by examination or endorsement within the preceding
27 renewal period. The Department shall establish, by rule, a
28 means for the verification of completion of the continuing
29 education required by this Section. This verification may be
30 accomplished by audits of records maintained by licensees, by
31 requiring the filing of continuing education records with the
32 Department or an organization selected by the Department to
33 maintain these records, or by other means established by the
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1 Department.
2 (b) Any person who has permitted a license to expire or
3 who has a license on inactive status may have it restored by
4 making an application to the Department and filing proof of
5 fitness to have the license restored, including, if
6 appropriate, evidence, which is satisfactory to the
7 Department, certifying the active practice of clinical social
8 work or social work in another jurisdiction and by paying the
9 required fee.
10 If the person has not maintained an active practice in
11 another jurisdiction which is satisfactory to the Department,
12 the Department shall determine, by an evaluation program
13 recommended by the Board and established by rule, the
14 person's fitness to resume active status and the Department
15 may require the person to pass an examination. The
16 Department, with the recommendation of the Board, may also
17 require the person to complete a specific period of evaluated
18 clinical social work or social work experience.
19 However, any person whose license expired while on active
20 duty with the armed forces of the United States, while called
21 into service or training with the State Militia or in
22 training or education under the supervision of the United
23 States government prior to induction into the military
24 service may have his or her license restored without paying
25 any renewal fees if, within 2 years after the honorable
26 termination of that service, training or education, except
27 under conditions other than honorable, the Department is
28 furnished with satisfactory evidence that the person has been
29 so engaged and that the service, training or education has
30 been so terminated.
31 (c) Any person who notifies the Department, in writing
32 on forms prescribed by the Department, may place his license
33 on inactive status and shall be excused from the payment of
34 renewal fees until the person notifies the Department in
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1 writing of his intention to resume active practice.
2 Any person requesting that his license be changed from
3 inactive to active status shall be required to pay the
4 current renewal fee and shall also demonstrate compliance
5 with the continuing education requirements.
6 (d) Any licensed clinical social worker or licensed
7 social worker whose license is on inactive status shall not
8 engage in the independent practice of clinical social work or
9 in the practice of social work in the State of Illinois. If
10 an individual engages in the independent practice of clinical
11 social work or in the practice of social work while on
12 inactive status, that individual is considered to be
13 practicing without a license and is subject to the
14 disciplinary provisions of this Act.
15 (e) (Blank) A license to practice shall not be denied
16 any applicant because of the applicant's race, religion,
17 creed, national origin, political beliefs or activities, age,
18 sex, sexual orientation or physical impairment.
19 (f) (Blank) The Department may refuse to issue or may
20 suspend the license of any person who fails to file a return,
21 pay the tax, penalty or interest shown in a filed return or
22 pay any final assessment of tax, penalty or interest, as
23 required by any tax Act administered by the Illinois
24 Department of Revenue, until the time the requirements of the
25 tax Act are satisfied.
26 (g) The Department shall indicate on each license the
27 academic degree of the licensee.
28 (Source: P.A. 87-237; 88-620, eff. 1-1-95.)
29 (225 ILCS 20/12.5 new)
30 Sec. 12.5. Endorsement. The Department may issue a
31 license as a clinical social worker or as a social worker,
32 without the required examination, to an applicant licensed
33 under the laws of another jurisdiction if the requirements
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1 for licensure in that jurisdiction are, on the date of
2 licensure, substantially equivalent to the requirements of
3 this Act or to any person who, at the time of his or her
4 licensure, possessed individual qualifications that were
5 substantially equivalent to the requirements then in force in
6 this State. An applicant under this Section shall pay the
7 required fees.
8 Applicants have 3 years from the date of application to
9 complete the application process. If the process has not
10 been completed in 3 years, the application shall be denied,
11 the fee shall be forfeited, and the applicant must reapply
12 and meet the requirements in effect at the time of
13 reapplication.
14 (225 ILCS 20/13) (from Ch. 111, par. 6363)
15 Sec. 13. Fees.
16 (a) Except as provided in subsection (b), the fees for
17 the administration and enforcement of this Act, including but
18 not limited to fees for original licensure, renewal, and
19 restoration, shall be set by rule. The fees shall not be
20 refundable.
21 (b) Applicants for examination shall be required to pay,
22 either to the Department or the designated testing service, a
23 fee covering the cost of initial screening to determine
24 eligibility and providing the examination. Failure to appear
25 for the examination on the scheduled date at the time and
26 place specified, after the applicant's application for
27 examination has been received and acknowledged by the
28 Department or the designated testing service, shall result in
29 the forfeiture of the examination fee. The fees imposed under
30 this Act are as follows and are not refundable:
31 (1) The fee for application for a license or temporary
32 license is $50.
33 (2) In addition to the application fee, applicants for
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1 the examination shall be required to pay, either to the
2 Department or the designated testing service, a fee covering
3 the cost of determining an applicant's eligibility and
4 providing the examination. Failure to appear for the
5 examination on the scheduled date, at the time and place
6 specified, after the applicant's application and fee for
7 examination have been received and acknowledged by the
8 Department or the designated testing service, shall result in
9 the forfeiture of the fee.
10 (3) The fee for the renewal of a license shall be $60
11 per two-year renewal period.
12 (4) The fee for the reinstatement of a license which has
13 been expired for less than 5 years is $20, plus payment of
14 all unpaid fees for every year that has lapsed.
15 (5) The fee for the restoration of a license which has
16 been expired for more than 5 years is $200.
17 (6) The fee for the issuance of a duplicate license, the
18 issuance of a replacement license which has been lost or
19 destroyed or the issuance of a license with a change of name
20 or address, other than during the renewal period, is $20. No
21 fee is required for name and address changes on Department
22 records when no duplicate license is issued.
23 (7) The fee for the certification of a licensee's record
24 for any purpose is $20.
25 (8) The fee for the application for rescoring of an
26 examination shall be the cost to the Department of rescoring
27 the examination, plus any fees charged by the applicable
28 testing service to have the examination rescored.
29 (9) The fee for a wall license shall be the actual cost
30 of producing such license.
31 (10) The fee for a roster of licensed clinical social
32 workers or licensed social workers shall be the actual cost
33 of producing such a roster.
34 (11) The fee for application for a license as a licensed
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1 clinical social worker or licensed social worker who is
2 registered or licensed under the laws of another jurisdiction
3 is $200.
4 (Source: P.A. 85-1131.)
5 (225 ILCS 20/19) (from Ch. 111, par. 6369)
6 Sec. 19. Grounds for disciplinary action. Grounds to
7 suspend, revoke, or refuse to issue a license.
8 (1) The Department may refuse to issue, refuse to renew,
9 suspend, or revoke any license, or may place on probation,
10 censure, reprimand, or take other disciplinary action deemed
11 appropriate by the Department, including the imposition of
12 fines not to exceed $1,000 for each violation, with regard to
13 any license issued under the provisions of this Act for any
14 one or a combination of the following reasons: The Department
15 may refuse to issue, renew, or may revoke a license, or may
16 suspend, place on probation, fine, censure or reprimand a
17 licensee for any of the following:
18 (a) material misstatements of fact in furnishing
19 information to the Department or to any other State
20 agency or in furnishing information to any insurance
21 company with respect to a claim on behalf of a licensee
22 or a patient;
23 (b) violations or negligent or intentional
24 disregard of this Act, or any of the rules promulgated
25 hereunder;
26 (c) conviction of any crime under the laws of the
27 United States or any state or territory thereof that
28 which is a felony or misdemeanor, of which an essential
29 element of which is dishonesty, or of any crime which is
30 directly related to the practice of the clinical social
31 work or social work professions;
32 (d) making any misrepresentation for the purpose of
33 obtaining licenses, or violating any provision of this
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1 Act or any of the rules promulgated hereunder;
2 (e) professional incompetence;
3 (f) malpractice;
4 (g) aiding or assisting another person in violating
5 any provision or this Act or any rules;
6 (h) failing to provide information within 60 days
7 in 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
12 conduct adopted by the Board and published by the
13 Department;
14 (j) habitual or excessive use or addiction to
15 alcohol, narcotics, stimulants, or any other chemical
16 agent or drug that results in a clinical social worker's
17 or social worker's inability to practice with reasonable
18 judgment, skill, or safety intoxication or drug
19 addiction;
20 (k) discipline by another jurisdiction, if at least
21 one of the grounds for the discipline is the same or
22 substantially equivalent to those set forth in this
23 Section;
24 (1) directly or indirectly giving to or receiving
25 from any person, firm, corporation, partnership or
26 association any fee, commission, rebate or other form of
27 compensation for any professional service not actually
28 rendered;
29 (m) a finding by the Board that the licensee, after
30 having the license placed on probationary status, has
31 violated the terms of probation;
32 (n) abandonment, without cause, of a client;
33 (o) wilfully filing false reports relating to a
34 licensee's practice, including but not limited to false
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1 records filed with Federal or State agencies or
2 departments;
3 (p) wilfully failing to report an instance of
4 suspected child abuse or neglect as required by the
5 Abused and Neglected Child Reporting Act;
6 (q) being named as a perpetrator in an indicated
7 report by the Department of Children and Family Services
8 under the Abused and Neglected Child Reporting Act, and
9 upon proof by clear and convincing evidence that the
10 licensee has caused a child to be an abused child or
11 neglected child as defined in the Abused and Neglected
12 Child Reporting Act;
13 (r) physical or mental disability, including
14 deterioration through the aging process, or loss of
15 abilities and skills which results in the inability to
16 practice the profession with reasonable judgment, skill
17 or safety;
18 (s) solicitation of professional services by using
19 false or misleading advertising; or
20 (t) violation of the Health Care Worker
21 Self-Referral Act.
22 (2) 2. (Blank) Any fines imposed under this Section
23 shall not exceed $1,000 for each violation.
24 (3) 3. The determination by a court that a licensee is
25 subject to involuntary admission or judicial admission as
26 provided in the Mental Health and Developmental Disabilities
27 Code, will result in an automatic suspension of his license.
28 Such suspension will end upon a finding by a court that the
29 licensee is no longer subject to involuntary admission or
30 judicial admission and issues an order so finding and
31 discharging the patient, and upon the recommendation of the
32 Board to the Director that the licensee be allowed to resume
33 professional practice.
34 (4) The Department may refuse to issue or may suspend
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1 the license of a person who fails to file a return, pay the
2 tax, penalty, or interest shown in a filed return, or pay any
3 final assessment of tax, penalty, or interest, as required by
4 any tax Act administered by the Department of Revenue, until
5 the requirements of the tax Act are satisfied.
6 (5) In enforcing this Section, the Board upon a showing
7 of a possible violation may compel a person licensed to
8 practice under this Act, or who has applied for licensure or
9 certification pursuant to this Act, to submit to a mental or
10 physical examination, or both, as required by and at the
11 expense of the Department. The examining physicians shall be
12 those specifically designated by the Board. The Board or the
13 Department may order the examining physician to present
14 testimony concerning this mental or physical examination of
15 the licensee or applicant. No information shall be excluded
16 by reason of any common law or statutory privilege relating
17 to communications between the licensee or applicant and the
18 examining physician. The person to be examined may have, at
19 his or her own expense, another physician of his or her
20 choice present during all aspects of the examination.
21 Failure of any person to submit to a mental or physical
22 examination, when directed, shall be grounds for suspension
23 of a license until the person submits to the examination if
24 the Board finds, after notice and hearing, that the refusal
25 to submit to the examination was without reasonable cause.
26 If the Board finds a person unable to practice because of
27 the reasons set forth in this Section, the Board may require
28 that person to submit to care, counseling, or treatment by
29 physicians approved or designated by the Board, as a
30 condition, term, or restriction for continued, reinstated, or
31 renewed licensure to practice; or, in lieu of care,
32 counseling or treatment, the Board may recommend to the
33 Department to file a complaint to immediately suspend, revoke
34 or otherwise discipline the license of the person. Any person
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1 whose license was granted, continued, reinstated, renewed,
2 disciplined or supervised subject to such terms, conditions
3 or restrictions, and who fails to comply with such terms,
4 conditions, or restrictions, shall be referred to the
5 Director for a determination as to whether the person shall
6 have his or her license suspended immediately, pending a
7 hearing by the Board.
8 In instances in which the Director immediately suspends a
9 person's license under this Section, a hearing on that
10 person's license must be convened by the Board within 15 days
11 after the suspension and completed without appreciable delay.
12 The Board shall have the authority to review the subject
13 person's record of treatment and counseling regarding the
14 impairment, to the extent permitted by applicable federal
15 statutes and regulations safeguarding the confidentiality of
16 medical records.
17 A person licensed under this Act and affected under this
18 Section shall be afforded an opportunity to demonstrate to
19 the Board that he or she can resume practice in compliance
20 with acceptable and prevailing standards under the provisions
21 of his or her license.
22 (Source: P.A. 86-1434; 87-1207.)
23 (225 ILCS 20/22) (from Ch. 111, par. 6372)
24 Sec. 22. Record of Proceedings; transcript. The
25 Department, at its expense, shall preserve a record of all
26 proceedings at the formal hearing of any case involving the
27 refusal to issue or to renew a license. The notice of
28 hearing, complaint, all other documents in the nature of
29 pleadings, written motions filed in the proceedings, the
30 transcript of testimony, the report of the Board and orders
31 of the Department shall be in the record of such proceeding.
32 The Department shall furnish a transcript of the record to
33 any person upon payment of the fee required under Section 60f
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1 of the Civil Administrative Code of Illinois.
2 (Source: P.A. 85-967.)
3 (225 ILCS 20/27) (from Ch. 111, par. 6377)
4 Sec. 27. Director; rehearing. Whenever the Director
5 believes justice has not been done in the revocation,
6 suspension, or discipline of a license or refusal to issue or
7 renew a license, he or she may order a rehearing.
8 (Source: P.A. 85-967.)
9 (225 ILCS 20/28) (from Ch. 111, par. 6378)
10 Sec. 28. Appointment of a hearing officer. The Director
11 shall have the authority to appoint any attorney licensed to
12 practice law in the State of Illinois to serve as the hearing
13 officer in any action for refusal to issue or renew a license
14 or permit or to discipline a licensee. The Director shall
15 promptly notify the Board of any such appointment. The
16 hearing officer shall have full authority to conduct the
17 hearing. At least one member of the Board shall attend each
18 hearing. The hearing officer shall report his findings of
19 fact, conclusions of law and recommendations to the Board and
20 to the Director. The Board shall have at least 60 days after
21 from receipt of the report to review it and to present its
22 findings of fact, conclusions of law and recommendation to
23 the Director. If the Board does not present its report within
24 the 60 days period, the Director may shall issue an order
25 based on the report of the hearing officer. If the Director
26 disagrees with the recommendation of the Board or of the
27 hearing officer, he the Director may issue an order in
28 contravention of the Board's report thereof. The Director
29 shall promptly provide a written explanation to the Board on
30 any such disagreement, and shall specify the reasons for such
31 action in the final order.
32 (Source: P.A. 85-967.)
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1 (225 ILCS 20/31) (from Ch. 111, par. 6381)
2 Sec. 31. Surrender of license. Upon the revocation and
3 suspension of the license, the licensee shall immediately
4 surrender his or her license to the Department. If the
5 licensee fails to do so, the Department shall have the right
6 to seize the license.
7 (Source: P.A. 85-967.)
8 (225 ILCS 20/8.1 rep.)
9 (225 ILCS 20/12 rep.)
10 (225 ILCS 20/15 rep.)
11 Section 15. The Clinical Social Work and Social Work
12 Practice Act is amended by repealing Sections 8.1, 12, and
13 15.
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 Section 99. Effective date. This Act takes effect
22 December 30, 1997.