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90_HB0427ham001
LRB9002551DPccam
1 AMENDMENT TO HOUSE BILL 427
2 AMENDMENT NO. . Amend House Bill 427 by replacing
3 the title with the following:
4 "AN ACT to extend the Social Work Examining and
5 Disciplinary Board, concerning the practice of social work,
6 and amending named Acts."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Regulatory Agency Sunset Act is amended
10 by changing Section 4.9 and adding Section 4.18 as follows:
11 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
12 (Text of Section before amendment by P.A. 89-702)
13 Sec. 4.9. The following Acts are repealed December 31,
14 1997:
15 The Medical Practice Act of 1987.
16 The Illinois Optometric Practice Act of 1987.
17 The Podiatric Medical Practice Act of 1987.
18 The Nursing Home Administrators Licensing and
19 Disciplinary Act.
20 The Physician Assistant Practice Act of 1987.
21 The Illinois Nursing Act of 1987.
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1 The Clinical Social Work and Social Work Practice Act.
2 The Clinical Psychologist Licensing Act.
3 The Illinois Speech-Language Pathology and Audiology
4 Practice Act.
5 The Marriage and Family Therapy Licensing Act.
6 (Source: P.A. 89-706, eff. 1-31-97.)
7 (Text of Section after amendment by P.A. 89-702)
8 Sec. 4.9. The following Acts are repealed December 31,
9 1997:
10 The Podiatric Medical Practice Act of 1987.
11 The Nursing Home Administrators Licensing and
12 Disciplinary Act.
13 The Physician Assistant Practice Act of 1987.
14 The Illinois Nursing Act of 1987.
15 The Clinical Social Work and Social Work Practice Act.
16 The Illinois Speech-Language Pathology and Audiology
17 Practice Act.
18 The Marriage and Family Therapy Licensing Act.
19 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
20 revised 2-7-97.)
21 (5 ILCS 80/4.18 new)
22 Sec. 4.18. Act repealed on January 1, 2008. The
23 following Act is repealed on January 1, 2008:
24 The Clinical Social Work and Social Work Practice Act.
25 Section 10. The Clinical Social Work and Social Work
26 Practice Act is amended by changing Sections 6, 7, 8, 9, 9A,
27 10, 10.5, 11, 13, 19, 22, 27, 28, and 31 and by adding
28 Section 12.5 as follows:
29 (225 ILCS 20/6) (from Ch. 111, par. 6356)
30 Sec. 6. Social Work Examining and Disciplinary Board.
31 (1) 1. The Director shall appoint a Social Work
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1 Examining and Disciplinary Board consisting of 9 persons who
2 shall serve in an advisory capacity to the Director. The
3 Board shall be composed of 5 licensed clinical social
4 workers, one of whom shall be a certified school social
5 worker, one of whom shall be employed in the private
6 not-for-profit sector and one of whom shall serve as the
7 chairperson, two licensed social workers, and 2 members of
8 the public who are not regulated under this Act or a similar
9 Act and who clearly represent consumer interests.
10 (2) 2. Members shall serve for a term of 4 years and
11 until their successors are appointed and qualified, except
12 for the initial appointments by which 1 member shall be
13 appointed for 1 year, 1 shall be appointed to serve 2 years,
14 1 shall be appointed to serve 3 years and the remainder to
15 serve for 4 years, and until their successors are appointed
16 and qualified. No member shall be reappointed if such
17 reappointment would cause that person's service on the Board
18 to be longer than 8 successive years. Appointments to fill
19 vacancies for the unexpired portion of a vacated term shall
20 be made in the same manner as original appointments. Initial
21 terms shall begin upon the effective date of this Act. The
22 Board members added by this amendatory Act of 1991 shall be
23 appointed as soon as possible after the effective date of
24 this amendatory Act of 1991 and shall be appointed to a term
25 of 4 years.
26 (3) 3. The membership of the Board should reasonably
27 reflect representation from different geographic areas of
28 Illinois.
29 (4) 4. The Director may terminate the appointment of any
30 member for cause set forth in writing which, in the opinion
31 of the Director, justifies such termination.
32 (5) 5. The Director shall consider the recommendation of
33 the Board on all matters and questions relating to this Act.
34 (6) 6. The Board is charged with the duties and
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1 responsibilities of recommending to the Director the adoption
2 of all policies, procedures and rules which may be required
3 or deemed advisable in order to perform the duties and
4 functions conferred on the Board, the Director and the
5 Department to carry out the provisions of this Act.
6 (7) 7. The Board shall make recommendations on all
7 matters relating to continuing education including the number
8 of hours necessary for license renewal, waivers for those
9 unable to meet such requirements and acceptable course
10 content. Such recommendations shall not impose an undue
11 burden on the Department or an unreasonable restriction on
12 those seeking license renewal.
13 (8) The Board shall annually elect one of its members as
14 chairperson and one as vice chairperson.
15 (9) Members of the Board shall be reimbursed for all
16 authorized legitimate and necessary expenses incurred in
17 attending the meetings of the Board.
18 (10) A majority of the Board members currently appointed
19 shall constitute a quorum. A vacancy in the membership of
20 the Board shall not impair the right of a quorum to perform
21 all of the duties of the Board.
22 (11) Members of the Board shall have no liability in an
23 action based upon a disciplinary proceeding or other activity
24 performed in good faith as a member of the Board.
25 (Source: P.A. 87-576.)
26 (225 ILCS 20/7) (from Ch. 111, par. 6357)
27 Sec. 7. Applications for original license. Applications
28 for original licenses shall be made to the Department on
29 forms prescribed by the Department and accompanied by the
30 required fee which shall not be refundable. All applications
31 shall contain such information which, in the judgment of the
32 Department, will enable the Department to pass on the
33 qualifications of the applicant for a license to practice as
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1 a licensed clinical social worker, or to pass on the
2 qualifications as a licensed social worker.
3 A license to practice shall not be denied an applicant
4 because of the applicant's race, religion, creed, national
5 origin, political beliefs or activities, age, sex, sexual
6 orientation, or physical impairment.
7 Applicants have 3 years from the date of application to
8 complete the application process. If the process has not
9 been completed in 3 years, the application shall be denied,
10 the fee shall be forfeited, and the applicant must reapply
11 and meet the requirements in effect at the time of
12 reapplication.
13 (Source: P.A. 85-1131.)
14 (225 ILCS 20/8) (from Ch. 111, par. 6358)
15 Sec. 8. Examination - Failure or refusal to take
16 examination.
17 (1) 1. The Department shall authorize examinations of
18 applicants at such times and places as it may determine.
19 Each examination shall be of a character to fairly test the
20 competence and qualifications of the applicants to practice
21 as a licensed clinical social worker or as a licensed social
22 worker.
23 (2) 2. Applicants for examination shall pay, either to
24 the Department or to the designated testing service, a fee
25 covering the cost of determining the applicant's eligibility
26 and of providing the examination. Failure to appear for the
27 examination on the scheduled date at the time and place
28 specified after the applicant's application for examination
29 has been received and acknowledged by the Department or the
30 designated testing service shall result in forfeiture of the
31 examination fee.
32 (3) (Blank) 3. If an applicant neglects, fails or
33 refuses to take an examination or fails to pass an
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1 examination for a license under this Act within 3 years after
2 filing an application, the application will be denied.
3 However, such applicant may thereafter make a new application
4 accompanied by the required fee. The applicant shall meet
5 any requirements in effect at the time of the new
6 application. In the event an applicant has passed part of an
7 examination administered during the 3 year period, but has
8 failed to pass the examination in its entirety, said
9 individual's partial scores shall be void, and he shall be
10 required to retake all portions of the examination within a
11 successive 3 year period.
12 (4) 4. The Department may employ consultants for the
13 purpose of preparing and conducting examinations.
14 (5) 5. An applicant has one year from the date of
15 notification of successful completion of the examination to
16 apply to the Department for a license. If an applicant fails
17 to apply within one year, the examination scores shall be
18 void and the applicant shall be required to take and pass the
19 examination again unless licensed in another jurisdiction of
20 the United States within one year of passing the examination.
21 (Source: P.A. 86-615.)
22 (225 ILCS 20/9) (from Ch. 111, par. 6359)
23 Sec. 9. Qualification for License. A person shall be
24 qualified to be licensed as a clinical social worker and the
25 Department shall issue a license authorizing the independent
26 practice of clinical social work to an applicant who:
27 (1) 1. has applied in writing on the prescribed form;
28 (2) 2. is of good moral character. In determining good
29 moral character, the Department may take into consideration
30 whether the applicant was engaged in conduct or actions that
31 would constitute grounds for discipline under this Act Any
32 felony conviction of the applicant or any convictions
33 involving those matters set forth in Section 20 shall be
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1 considered in a determination of moral character, but such a
2 conviction shall not operate as a bar to registration for
3 examinations;
4 (3)(A) 3. (a) demonstrates to the satisfaction of the
5 Department that subsequent to securing a master's degree
6 in social work from an approved program the applicant has
7 successfully completed at least 3,000 hours of
8 satisfactory, supervised clinical professional
9 experience; or
10 (B) (b) demonstrates to the satisfaction of the
11 Department that such applicant has received a doctor's
12 degree in social work from an approved program and has
13 completed at least 2,000 hours of satisfactory,
14 supervised clinical professional experience subsequent to
15 the degree;
16 (4) 4. has passed the examination for the practice of
17 clinical social work as authorized by the Department; and
18 (5) 5. has paid the required fees required by this Act.
19 (Source: P.A. 85-967.)
20 (225 ILCS 20/9A) (from Ch. 111, par. 6359A)
21 Sec. 9A. Qualifications for license as licensed social
22 worker. A person shall be qualified to be licensed as a
23 licensed social worker and the Department shall issue a
24 license authorizing the practice of social work to an
25 applicant who:
26 (1) 1. has applied in writing on the prescribed form;
27 (2) 2. is of good moral character, as defined in
28 subsection (2) of Section 9;
29 (3) 3. (a) has a degree from a graduate program of
30 social work approved by the Department; or
31 (b) has a degree in social work from an
32 undergraduate program approved by the Department, and has
33 successfully completed at least 3 years of supervised
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1 professional experience subsequent to obtaining the
2 degree as established by rule. If no supervision by a
3 licensed social worker or a licensed clinical social
4 worker is available, then supervised professional
5 experience may include supervision by other appropriate
6 disciplines as defined by rule.
7 (4) 4. has passed the examination for the practice of
8 social work as a licensed social worker as authorized by the
9 Department; and
10 (5) 5. has paid the required fees required by this Act.
11 (Source: P.A. 85-1131.)
12 (225 ILCS 20/10) (from Ch. 111, par. 6360)
13 Sec. 10. License restrictions and limitations.
14 (a) No person shall, without a license as a social
15 worker issued by the Department: (i) in any manner hold
16 himself or herself out to the public as a social worker under
17 this Act; (ii) use the title "social worker" or "licensed
18 social worker"; or (iii) offer to render to individuals,
19 corporations, or the public social work services if the words
20 "social work" or "licensed social worker" are used to
21 describe the person offering to render or rendering the
22 services or to describe the services rendered or offered to
23 be rendered.
24 (b) No person shall, without a license as a clinical
25 social worker issued by the Department: (i) in any manner
26 hold himself or herself out to the public as a clinical
27 social worker or licensed clinical social worker under this
28 Act; (ii) use the title "clinical social worker" or "licensed
29 clinical social worker"; or (iii) offer to render to
30 individuals, corporations, or the public clinical social work
31 services if the words "licensed clinical social worker" or
32 "clinical social work" are used to describe the person to
33 render or rendering the services or to describe the services
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1 rendered or offered to be rendered.
2 (c) Licensed social workers may not engage in
3 independent private practice without a clinical social worker
4 license. In private practice, a licensed social worker must
5 practice at all times under the order, control, and full
6 professional responsibility of a licensed clinical social
7 worker, a licensed clinical psychologist, or a psychiatrist,
8 as defined in Section 1-121 of the Mental Health and
9 Developmental Disabilities Code.
10 (d) No association or partnership shall be granted a
11 license unless every member, partner, and employee of the
12 association or partnership, who practices social work or
13 clinical social work, or who renders social work or clinical
14 social work services, holds a current license issued under
15 this Act. No license shall be issued to a corporation, the
16 stated purpose of which includes or that practices or holds
17 itself out as available to practice social work or clinical
18 social work unless it is organized under the Professional
19 Service Corporation Act. 1. To safeguard the welfare, health
20 and safety of the people of Illinois, no person may present
21 or represent herself or himself as a clinical social worker
22 or licensed clinical social worker by title, except as
23 authorized by Section 9 and except as stated in Section 4 of
24 this Act.
25 2. To safeguard the welfare, health and safety of the
26 people of Illinois, no person may present or represent
27 herself or himself as a social worker or a licensed social
28 worker, except as authorized by Section 9A and except as
29 stated in Section 4 of this Act. Licensed social workers may
30 not engage in the practice of clinical social work, social
31 casework or social group work in private practice or as a
32 participant in a private group practice without a clinical
33 social work license.
34 (Source: P.A. 87-314; 87-1158.)
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1 (225 ILCS 20/10.5)
2 Sec. 10.5. Unlicensed practice; violation; civil
3 penalty.
4 (a) Any person who practices, offers to practice,
5 attempts to practice, or holds himself or herself out to
6 practice as a clinical social worker or social worker without
7 being licensed or exempt under this Act shall, in addition to
8 any other penalty provided by law, pay a civil penalty to the
9 Department in an amount not to exceed $5,000 for each
10 offense, as determined by the Department. The civil penalty
11 shall be assessed by the Department after a hearing is held
12 in accordance with the provisions set forth in this Act
13 regarding the provision of a hearing for the discipline of a
14 licensee.
15 (b) The Department may investigate any actual, alleged,
16 or suspected unlicensed activity.
17 (c) The civil penalty shall be paid within 60 days after
18 the effective date of the order imposing the civil penalty.
19 The order shall constitute a judgment and may be filed and
20 execution had thereon in the same manner as any judgment from
21 any court of record.
22 (Source: P.A. 88-620, eff. 1-1-95.)
23 (225 ILCS 20/11) (from Ch. 111, par. 6361)
24 Sec. 11. Licenses.
25 (a) A license shall be issued for a 2 year period;
26 however the expiration date for licenses issued under this
27 Act shall be set by rule. The licensee may renew a license
28 during the 30-day period preceding the expiration date by
29 paying the required fee and by demonstrating compliance with
30 any continuing education requirements. Proof of having met
31 the minimum requirements of continuing education, as
32 determined by rule, shall be required for all license
33 renewals. Pursuant to rule, the continuing education
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1 requirements may, upon petition to the Board, be waived in
2 whole or in part for licensed social workers or licensed
3 clinical social workers who can demonstrate their service in
4 the Coast Guard or Armed Forces during the period in
5 question, an extreme hardship, or that the license was
6 obtained by examination or endorsement within the preceding
7 renewal period. The Department shall establish, by rule, a
8 means for the verification of completion of the continuing
9 education required by this Section. This verification may be
10 accomplished by audits of records maintained by licensees, by
11 requiring the filing of continuing education records with the
12 Department or an organization selected by the Department to
13 maintain these records, or by other means established by the
14 Department.
15 (b) Any person who has permitted a license to expire or
16 who has a license on inactive status may have it restored by
17 making an application to the Department and filing proof of
18 fitness to have the license restored, including, if
19 appropriate, evidence, which is satisfactory to the
20 Department, certifying the active practice of clinical social
21 work or social work in another jurisdiction and by paying the
22 required fee.
23 If the person has not maintained an active practice in
24 another jurisdiction which is satisfactory to the Department,
25 the Department shall determine, by an evaluation program
26 recommended by the Board and established by rule, the
27 person's fitness to resume active status and the Department
28 may require the person to pass an examination. The
29 Department, with the recommendation of the Board, may also
30 require the person to complete a specific period of evaluated
31 clinical social work or social work experience.
32 However, any person whose license expired while on active
33 duty with the armed forces of the United States, while called
34 into service or training with the State Militia or in
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1 training or education under the supervision of the United
2 States government prior to induction into the military
3 service may have his or her license restored without paying
4 any renewal fees if, within 2 years after the honorable
5 termination of that service, training or education, except
6 under conditions other than honorable, the Department is
7 furnished with satisfactory evidence that the person has been
8 so engaged and that the service, training or education has
9 been so terminated.
10 (c) Any person who notifies the Department, in writing
11 on forms prescribed by the Department, may place his license
12 on inactive status and shall be excused from the payment of
13 renewal fees until the person notifies the Department in
14 writing of his intention to resume active practice.
15 Any person requesting that his license be changed from
16 inactive to active status shall be required to pay the
17 current renewal fee and shall also demonstrate compliance
18 with the continuing education requirements.
19 (d) Any licensed clinical social worker or licensed
20 social worker whose license is on inactive status shall not
21 engage in the independent practice of clinical social work or
22 in the practice of social work in the State of Illinois. If
23 an individual engages in the independent practice of clinical
24 social work or in the practice of social work while on
25 inactive status, that individual is considered to be
26 practicing without a license and is subject to the
27 disciplinary provisions of this Act.
28 (e) (Blank) A license to practice shall not be denied
29 any applicant because of the applicant's race, religion,
30 creed, national origin, political beliefs or activities, age,
31 sex, sexual orientation or physical impairment.
32 (f) (Blank) The Department may refuse to issue or may
33 suspend the license of any person who fails to file a return,
34 pay the tax, penalty or interest shown in a filed return or
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1 pay any final assessment of tax, penalty or interest, as
2 required by any tax Act administered by the Illinois
3 Department of Revenue, until the time the requirements of the
4 tax Act are satisfied.
5 (g) The Department shall indicate on each license the
6 academic degree of the licensee.
7 (Source: P.A. 87-237; 88-620, eff. 1-1-95.)
8 (225 ILCS 20/12.5 new)
9 Sec. 12.5. Endorsement. The Department may issue a
10 license as a clinical social worker or as a social worker,
11 without the required examination, to an applicant licensed
12 under the laws of another jurisdiction if the requirements
13 for licensure in that jurisdiction are, on the date of
14 licensure, substantially equivalent to the requirements of
15 this Act or to any person who, at the time of his or her
16 licensure, possessed individual qualifications that were
17 substantially equivalent to the requirements then in force in
18 this State. An applicant under this Section shall pay the
19 required fees.
20 Applicants have 3 years from the date of application to
21 complete the application process. If the process has not
22 been completed in 3 years, the application shall be denied,
23 the fee shall be forfeited, and the applicant must reapply
24 and meet the requirements in effect at the time of
25 reapplication.
26 (225 ILCS 20/13) (from Ch. 111, par. 6363)
27 Sec. 13. Fees.
28 (a) Except as provided in subsection (b), the fees for
29 the administration and enforcement of this Act, including but
30 not limited to fees for original licensure, renewal, and
31 restoration, shall be set by rule. The fees shall not be
32 refundable.
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1 (b) Applicants for examination shall be required to pay,
2 either to the Department or the designated testing service, a
3 fee covering the cost of initial screening to determine
4 eligibility and providing the examination. Failure to appear
5 for the examination on the scheduled date at the time and
6 place specified, after the applicant's application for
7 examination has been received and acknowledged by the
8 Department or the designated testing service, shall result in
9 the forfeiture of the examination fee. The fees imposed under
10 this Act are as follows and are not refundable:
11 (1) The fee for application for a license or temporary
12 license is $50.
13 (2) In addition to the application fee, applicants for
14 the examination shall be required to pay, either to the
15 Department or the designated testing service, a fee covering
16 the cost of determining an applicant's eligibility and
17 providing the examination. Failure to appear for the
18 examination on the scheduled date, at the time and place
19 specified, after the applicant's application and fee for
20 examination have been received and acknowledged by the
21 Department or the designated testing service, shall result in
22 the forfeiture of the fee.
23 (3) The fee for the renewal of a license shall be $60
24 per two-year renewal period.
25 (4) The fee for the reinstatement of a license which has
26 been expired for less than 5 years is $20, plus payment of
27 all unpaid fees for every year that has lapsed.
28 (5) The fee for the restoration of a license which has
29 been expired for more than 5 years is $200.
30 (6) The fee for the issuance of a duplicate license, the
31 issuance of a replacement license which has been lost or
32 destroyed or the issuance of a license with a change of name
33 or address, other than during the renewal period, is $20. No
34 fee is required for name and address changes on Department
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1 records when no duplicate license is issued.
2 (7) The fee for the certification of a licensee's record
3 for any purpose is $20.
4 (8) The fee for the application for rescoring of an
5 examination shall be the cost to the Department of rescoring
6 the examination, plus any fees charged by the applicable
7 testing service to have the examination rescored.
8 (9) The fee for a wall license shall be the actual cost
9 of producing such license.
10 (10) The fee for a roster of licensed clinical social
11 workers or licensed social workers shall be the actual cost
12 of producing such a roster.
13 (11) The fee for application for a license as a licensed
14 clinical social worker or licensed social worker who is
15 registered or licensed under the laws of another jurisdiction
16 is $200.
17 (Source: P.A. 85-1131.)
18 (225 ILCS 20/19) (from Ch. 111, par. 6369)
19 Sec. 19. Grounds for disciplinary action. Grounds to
20 suspend, revoke, or refuse to issue a license.
21 (1) The Department may refuse to issue, refuse to renew,
22 suspend, or revoke any license, or may place on probation,
23 censure, reprimand, or take other disciplinary action deemed
24 appropriate by the Department, including the imposition of
25 fines not to exceed $1,000 for each violation, with regard to
26 any license issued under the provisions of this Act for any
27 one or a combination of the following reasons: The Department
28 may refuse to issue, renew, or may revoke a license, or may
29 suspend, place on probation, fine, censure or reprimand a
30 licensee for any of the following:
31 (a) material misstatements of fact in furnishing
32 information to the Department or to any other State
33 agency or in furnishing information to any insurance
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1 company with respect to a claim on behalf of a licensee
2 or a patient;
3 (b) violations or negligent or intentional
4 disregard of this Act, or any of the rules promulgated
5 hereunder;
6 (c) conviction of any crime under the laws of the
7 United States or any state or territory thereof that
8 which is a felony or misdemeanor, of which an essential
9 element of which is dishonesty, or of any crime which is
10 directly related to the practice of the clinical social
11 work or social work professions;
12 (d) making any misrepresentation for the purpose of
13 obtaining licenses, or violating any provision of this
14 Act or any of the rules promulgated hereunder;
15 (e) professional incompetence;
16 (f) malpractice;
17 (g) aiding or assisting another person in violating
18 any provision or this Act or any rules;
19 (h) failing to provide information within 60 days
20 in response to a written request made by the Department;
21 (i) engaging in dishonorable, unethical or
22 unprofessional conduct of a character likely to deceive,
23 defraud or harm the public as defined by the rules of the
24 Department, or violating the rules of professional
25 conduct adopted by the Board and published by the
26 Department;
27 (j) habitual or excessive use or addiction to
28 alcohol, narcotics, stimulants, or any other chemical
29 agent or drug that results in a clinical social worker's
30 or social worker's inability to practice with reasonable
31 judgment, skill, or safety intoxication or drug
32 addiction;
33 (k) discipline by another jurisdiction, if at least
34 one of the grounds for the discipline is the same or
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1 substantially equivalent to those set forth in this
2 Section;
3 (1) directly or indirectly giving to or receiving
4 from any person, firm, corporation, partnership or
5 association any fee, commission, rebate or other form of
6 compensation for any professional service not actually
7 rendered;
8 (m) a finding by the Board that the licensee, after
9 having the license placed on probationary status, has
10 violated the terms of probation;
11 (n) abandonment, without cause, of a client;
12 (o) wilfully filing false reports relating to a
13 licensee's practice, including but not limited to false
14 records filed with Federal or State agencies or
15 departments;
16 (p) wilfully failing to report an instance of
17 suspected child abuse or neglect as required by the
18 Abused and Neglected Child Reporting Act;
19 (q) being named as a perpetrator in an indicated
20 report by the Department of Children and Family Services
21 under the Abused and Neglected Child Reporting Act, and
22 upon proof by clear and convincing evidence that the
23 licensee has caused a child to be an abused child or
24 neglected child as defined in the Abused and Neglected
25 Child Reporting Act;
26 (r) physical or mental disability, including
27 deterioration through the aging process, or loss of
28 abilities and skills which results in the inability to
29 practice the profession with reasonable judgment, skill
30 or safety;
31 (s) solicitation of professional services by using
32 false or misleading advertising; or
33 (t) violation of the Health Care Worker
34 Self-Referral Act.
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1 (2) 2. (Blank) Any fines imposed under this Section
2 shall not exceed $1,000 for each violation.
3 (3) 3. The determination by a court that a licensee is
4 subject to involuntary admission or judicial admission as
5 provided in the Mental Health and Developmental Disabilities
6 Code, will result in an automatic suspension of his license.
7 Such suspension will end upon a finding by a court that the
8 licensee is no longer subject to involuntary admission or
9 judicial admission and issues an order so finding and
10 discharging the patient, and upon the recommendation of the
11 Board to the Director that the licensee be allowed to resume
12 professional practice.
13 (4) The Department may refuse to issue or may suspend
14 the license of a person who fails to file a return, pay the
15 tax, penalty, or interest shown in a filed return, or pay any
16 final assessment of tax, penalty, or interest, as required by
17 any tax Act administered by the Department of Revenue, until
18 the requirements of the tax Act are satisfied.
19 (5) In enforcing this Section, the Board upon a showing
20 of a possible violation may compel a person licensed to
21 practice under this Act, or who has applied for licensure or
22 certification pursuant to this Act, to submit to a mental or
23 physical examination, or both, as required by and at the
24 expense of the Department. The examining physicians or
25 clinical social workers shall be those specifically
26 designated by the Board. The Board or the Department may
27 order the examining physician or clinical social worker to
28 present testimony concerning this mental or physical
29 examination of the licensee or applicant. No information
30 shall be excluded by reason of any common law or statutory
31 privilege relating to communications between the licensee or
32 applicant and the examining physician or clinical social
33 worker. The person to be examined may have, at his or her
34 own expense, another physician or clinical social worker of
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1 his or her choice present during all aspects of the
2 examination. Failure of any person to submit to a mental or
3 physical examination, when directed, shall be grounds for
4 suspension of a license until the person submits to the
5 examination if the Board finds, after notice and hearing,
6 that the refusal to submit to the examination was without
7 reasonable cause.
8 If the Board finds a person unable to practice because of
9 the reasons set forth in this Section, the Board may require
10 that person to submit to care, counseling, or treatment by
11 physicians or clinical social workers approved or designated
12 by the Board, as a condition, term, or restriction for
13 continued, reinstated, or renewed licensure to practice; or,
14 in lieu of care, counseling or treatment, the Board may
15 recommend to the Department to file a complaint to
16 immediately suspend, revoke or otherwise discipline the
17 license of the person. Any person whose license was granted,
18 continued, reinstated, renewed, disciplined or supervised
19 subject to such terms, conditions or restrictions, and who
20 fails to comply with such terms, conditions, or restrictions,
21 shall be referred to the Director for a determination as to
22 whether the person shall have his or her license suspended
23 immediately, pending a hearing by the Board.
24 In instances in which the Director immediately suspends a
25 person's license under this Section, a hearing on that
26 person's license must be convened by the Board within 15 days
27 after the suspension and completed without appreciable delay.
28 The Board shall have the authority to review the subject
29 person's record of treatment and counseling regarding the
30 impairment, to the extent permitted by applicable federal
31 statutes and regulations safeguarding the confidentiality of
32 medical records.
33 A person licensed under this Act and affected under this
34 Section shall be afforded an opportunity to demonstrate to
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1 the Board that he or she can resume practice in compliance
2 with acceptable and prevailing standards under the provisions
3 of his or her license.
4 (Source: P.A. 86-1434; 87-1207.)
5 (225 ILCS 20/22) (from Ch. 111, par. 6372)
6 Sec. 22. Record of Proceedings; transcript. The
7 Department, at its expense, shall preserve a record of all
8 proceedings at the formal hearing of any case involving the
9 refusal to issue or to renew a license. The notice of
10 hearing, complaint, all other documents in the nature of
11 pleadings, written motions filed in the proceedings, the
12 transcript of testimony, the report of the Board and orders
13 of the Department shall be in the record of such proceeding.
14 The Department shall furnish a transcript of the record to
15 any person upon payment of the fee required under Section 60f
16 of the Civil Administrative Code of Illinois.
17 (Source: P.A. 85-967.)
18 (225 ILCS 20/27) (from Ch. 111, par. 6377)
19 Sec. 27. Director; rehearing. Whenever the Director
20 believes justice has not been done in the revocation,
21 suspension, or discipline of a license or refusal to issue or
22 renew a license, he or she may order a rehearing.
23 (Source: P.A. 85-967.)
24 (225 ILCS 20/28) (from Ch. 111, par. 6378)
25 Sec. 28. Appointment of a hearing officer. The Director
26 shall have the authority to appoint any attorney licensed to
27 practice law in the State of Illinois to serve as the hearing
28 officer in any action for refusal to issue or renew a license
29 or permit or to discipline a licensee. The Director shall
30 promptly notify the Board of any such appointment. The
31 hearing officer shall have full authority to conduct the
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1 hearing. At least one member of the Board shall attend each
2 hearing. The hearing officer shall report his findings of
3 fact, conclusions of law and recommendations to the Board and
4 to the Director. The Board shall have at least 60 days after
5 from receipt of the report to review it and to present its
6 findings of fact, conclusions of law and recommendation to
7 the Director. If the Board does not present its report within
8 the 60 days period, the Director may shall issue an order
9 based on the report of the hearing officer. If the Director
10 disagrees with the recommendation of the Board or of the
11 hearing officer, he the Director may issue an order in
12 contravention of the Board's report thereof. The Director
13 shall promptly provide a written explanation to the Board on
14 any such disagreement, and shall specify the reasons for such
15 action in the final order.
16 (Source: P.A. 85-967.)
17 (225 ILCS 20/31) (from Ch. 111, par. 6381)
18 Sec. 31. Surrender of license. Upon the revocation and
19 suspension of the license, the licensee shall immediately
20 surrender his or her license to the Department. If the
21 licensee fails to do so, the Department shall have the right
22 to seize the license.
23 (Source: P.A. 85-967.)
24 (225 ILCS 20/8.1 rep.)
25 (225 ILCS 20/12 rep.)
26 (225 ILCS 20/15 rep.)
27 Section 15. The Clinical Social Work and Social Work
28 Practice Act is amended by repealing Sections 8.1, 12, and
29 15.
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i)
4 the changes made by this Act or (ii) provisions derived from
5 any other Public Act.
6 Section 99. Effective date. This Act takes effect
7 December 30, 1997.".