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90_HB0685ham001
LRB9001406DPccam02
1 AMENDMENT TO HOUSE BILL 685
2 AMENDMENT NO. . Amend House Bill 685 by replacing
3 the title with the following:
4 "AN ACT to create the School Psychologist Licensing Act,
5 amending a named Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 School Psychologist Licensing Act.
10 Section 5. Legislative intent. The practice of school
11 psychology in Illinois is hereby declared to affect the
12 public health, safety, and welfare, and to be subject to
13 regulations in the public interest to protect the public from
14 persons who are unauthorized or unqualified to represent
15 themselves as school psychologists or who are able to render
16 school psychological services and from unprofessional conduct
17 by persons licensed to practice school psychology.
18 Section 10. Definitions. As used in this Act:
19 (1) "Board" means the School Psychologists
20 Licensing Board.
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1 (2) "Certified school psychologist" means a
2 qualified specialist who holds a Type 73 School Service
3 Personnel Certificate endorsed for school psychology and
4 issued by the State Teacher Certification Board.
5 (3) "Department" means the Department of
6 Professional Regulation.
7 (4) "Director" means the Director of Professional
8 Regulation.
9 (5) "Independent practice of school psychology"
10 means the application of school psychology knowledge and
11 skills by a licensed school psychologist who is
12 responsible for his or her practice and treatment
13 procedures.
14 (6) "Licensed school psychologist" means a person
15 who holds a license authorizing the independent practice
16 of school psychology under the auspices of an employer or
17 as a sole practitioner in private practice.
18 (7) "Person" means an individual, association,
19 partnership, or corporation.
20 (8) "School psychological services" means any of
21 the services listed under item (9) of this Section if the
22 words "school psychological", "school psychologist",
23 "school psychology", or "school psychologic" are used to
24 describe the services by the person or organization
25 offering to render or rendering them.
26 (9) "School psychology" means educational
27 consultation, psycho-educational evaluation, and the
28 development and implementation of recommendations and
29 interventions for the prevention and treatment of
30 education-related problems.
31 Section 15. License requirement; corporations,
32 partnerships, and associations.
33 (a) Except as otherwise provided in this Act, no person
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1 may engage in the independent practice of school psychology
2 without a license granted under this Act. No individual,
3 partnership, association, or corporation shall, without a
4 license issued by the Department, in any manner hold himself
5 or herself out to the public as a licensed school
6 psychologist under the provisions of this Act or render or
7 offer to render independent school psychological services,
8 attach the title "licensed school psychologist" or any other
9 name or designation that would in any way imply that he or
10 she is able to engage in the independent practice of school
11 psychology, or offer to render or render to individuals,
12 corporations, or the public independent school psychological
13 services. A person represents himself or herself to be a
14 "school psychologist" within the meaning of this Act when
15 holding himself or herself out to the public by a title or
16 description of services incorporating the words "school
17 psychological", "school psychologist", or "school
18 psychology", or when under the title or description offers to
19 render or renders school psychological services to
20 individuals, families, schools, agencies, or the public for
21 remuneration.
22 (b) Nothing in this Act shall be construed to allow a
23 school psychologist to function as a general practitioner of
24 psychology unless the person is licensed as a general
25 practitioner of psychology.
26 (c) Individuals, corporations, partnerships, and
27 associations may employ practicum students, interns, or
28 postdoctoral candidates seeking to fulfill educational
29 requirements or the professional experience requirements
30 needed to qualify for a license as a school psychologist to
31 assist in the rendering of services, provided that the
32 employees function under the direct supervision, order,
33 control, and full professional responsibility of a certified
34 school psychologist in the corporation, partnership, or
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1 association. Nothing in this subsection shall prohibit a
2 corporation, partnership, or association from contracting
3 with a licensed health care professional to provide services.
4 (d) No association or partnership shall be granted a
5 license unless every member, partner, and employee of the
6 association or partnership that renders school psychological
7 services holds a license issued under this Act. No license
8 shall be issued to a corporation, the stated purpose of which
9 includes the practice of school psychology, or that practices
10 or holds itself out as available to practice school
11 psychology unless it is organized under the provisions of the
12 Professional Service Corporation Act.
13 (e) Nothing in this Act shall prevent the employment by
14 a school psychologist, individual, association, partnership,
15 or a corporation furnishing school psychological services for
16 remuneration, of persons not licensed as school psychologists
17 under the provisions of this Act to perform services in
18 various capacities as needed, provided that those persons are
19 not in any manner held out to the public as rendering school
20 psychological services. Nothing contained in this Act shall
21 require a hospital, clinic, home health agency, hospice, or
22 other entity that provides health care services to employ or
23 to contract with a school psychologist licensed under this
24 Act to perform any school psychological services.
25 (f) Nothing in this Act shall be construed to limit the
26 services and use of an official title of a person who is not
27 licensed under the provisions of this Act and who is in the
28 employ of a State, county, or municipal agency or other
29 political subdivision to the extent that the services are a
30 part of the duties in his or her salaried position, and to
31 the extent that the services are performed solely on behalf
32 of his or her employer.
33 Nothing contained in this subsection shall be construed
34 as permitting those persons to offer their services as school
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1 psychologists to any other persons and to accept remuneration
2 for the services other than as specifically provided in this
3 subsection, unless they have been licensed under the
4 provisions of this Act.
5 (g) Duly recognized members of a bonafide religious
6 denomination shall not be restricted by this Act from
7 functioning in their ministerial capacity provided they do
8 not represent themselves as being school psychologists or as
9 providing school psychological services.
10 (h) Nothing in this Act shall prohibit individuals not
11 licensed under the provisions of this Act who work in
12 self-help groups or programs or not-for-profit organizations
13 from providing services in those groups, programs, or
14 organizations, provided that the individuals are not in any
15 manner held out to the public as rendering school
16 psychological services.
17 Section 20. Application of Act.
18 (a) Nothing in this Act shall be construed to limit the
19 activities and services of a student, intern, or resident in
20 school psychology seeking to fulfill educational requirements
21 or the experience requirements in order to qualify for a
22 license under this Act or of an individual seeking to fulfill
23 the postdoctoral experience requirements in order to qualify
24 for licensure under this Act, provided that the activities
25 and services are under the direct supervision, order,
26 control, and full professional responsibility of a certified
27 school psychologist and provided that the student, intern, or
28 resident be designated by a title "intern", "resident", or
29 other designation of trainee status. Supervised experience
30 in which the supervisor receives monetary payment or other
31 consideration from the supervisee or in which the supervisor
32 is hired by or otherwise employed by the supervisee shall not
33 be accepted by the Department as fulfilling the practicum,
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1 internship or 2 years of satisfactory supervised experience
2 requirements for licensure. Nothing contained in this Section
3 shall be construed as permitting students, interns, or
4 residents to offer their services as school psychologists to
5 any other person or persons and to accept remuneration for
6 the school psychological services other than as specifically
7 provided in this subsection, unless they have been licensed
8 under the provisions of this Act.
9 (b) Nothing in this Act shall be construed as permitting
10 persons licensed as school psychologists to engage in any
11 manner in activities regulated under the Medical Practice Act
12 of 1987. Persons licensed under this Act who render services
13 to persons in need of mental treatment or who are mentally
14 ill shall, as appropriate, initiate genuine collaboration
15 with a physician licensed in Illinois to practice medicine in
16 all its branches.
17 (c) Nothing in this Act shall be construed to mandate
18 insurance companies to reimburse school psychologists for the
19 independent practice of school psychology.
20 (d) Nothing in this Act shall be construed to limit the
21 activities and use of the official title of "school
22 psychologist" on the part of a person not licensed under this
23 Act who possesses a master's, educational specialist, or
24 doctoral degree earned in a program concentrated primarily on
25 the study of school psychology and who is an academic
26 employee of a duly chartered institution of higher education
27 to the extent that the person engages in public speaking with
28 or without remuneration and provided that the person is not
29 in any manner held out to the public as practicing school
30 psychology, unless he or she has been licensed under the
31 provisions of this Act.
32 (e) Nothing in this Act shall be construed to regulate,
33 control, or restrict the clinical practice of any person
34 licensed, registered, or certified in this State under any
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1 other Act, provided that the person is not in any manner held
2 out to the public as rendering school psychological services.
3 (f) Nothing in this Act shall be construed to limit the
4 activities and use of the title "school psychologist" on the
5 part of a person who practices school psychology and (i) who
6 possesses a doctoral degree earned in a program concentrated
7 primarily on the study of school psychology; and (ii) whose
8 services involve the development and application of
9 psychological theory and methodology to problems of
10 organizations and problems of individuals and groups in
11 organizational settings; and provided further that the person
12 is not in any manner held out to the public as practicing
13 school psychology and is not held out to the public by any
14 title, description, or designation stating or implying that
15 he or she is a school psychologist, unless he or she has been
16 licensed under the provisions of this Act.
17 Section 25. Application for license. Applications for
18 original licenses shall be made to the Department in writing
19 on forms prescribed by the Department and shall be
20 accompanied by the required fee, which shall not be
21 refundable. An application shall require information that, in
22 the judgment of the Department, will enable it to evaluate
23 the qualifications of the applicant for licensure.
24 Section 30. Privileged communications and exceptions.
25 (a) No person licensed under this Act shall disclose
26 information that he or she may have acquired from persons
27 consulting him or her in his or her professional capacity to
28 any persons, except that the information may be voluntarily
29 disclosed under the following circumstances:
30 (1) in trials for homicide when the disclosure
31 relates directly to the fact or immediate circumstances
32 of the homicide;
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1 (2) in all proceedings the purpose of which is to
2 determine mental competency or in which a defense of
3 mental incapacity is raised;
4 (3) in civil or criminal actions against the
5 licensed school psychologist for malpractice;
6 (4) with the written consent of the person who
7 provided the information;
8 (5) upon an issue as to the validity of a document
9 as a will of a client. In the event of a conflict
10 between the application of this Section and the Mental
11 Health and Developmental Disabilities Confidentiality Act
12 to a specific situation, the provisions of the Mental
13 Health and Developmental Disabilities Confidentiality Act
14 shall control;
15 (6) in the case of death or disability, with the
16 written consent of a personal representative or another
17 person authorized to sue, or of the beneficiary of an
18 insurance policy on the individual's life, health, or
19 physical condition;
20 (7) in the course of formally reporting,
21 conferring, or consulting with administrative superiors,
22 colleagues, or consultants who share professional
23 responsibility, in which instance all recipients of the
24 information are similarly bound to regard the
25 communication as privileged;
26 (8) when a communication reveals the intended
27 commission of a crime or harmful act and disclosure of
28 the communication is judged necessary by the licensee to
29 protect a person from a clear, imminent risk of serious
30 mental or physical harm or injury or to forestall a
31 serious threat to the public safety;
32 (9) when the person waives the privilege by
33 bringing a public charge against the school psychologist
34 who is licensed under this Act; or
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1 (10) when the information is acquired during the
2 course of investigating a report or working on a case of
3 elder abuse, neglect, or financial exploitation by a
4 designated Elder Abuse Provider Agency and disclosure of
5 the information is in accordance with the provisions of
6 Section 8 of the Elder Abuse and Neglect Act.
7 (b) When the person is a minor under the laws of this
8 State and the information acquired by a person licensed under
9 this Act indicates the minor was the victim or subject of a
10 crime, the licensee may be required to testify in a judicial
11 proceeding in which the commission of that crime is the
12 subject of inquiry and when, after in camera review of the
13 information that the licensee acquired, the court determines
14 that the interests of the minor in having the information
15 held privileged are outweighed by the requirements of
16 justice, the need to protect the public safety, or the need
17 to protect the minor, except as provided under the Abused and
18 Neglected Child Reporting Act.
19 (c) Any person having access to records or anyone who
20 participates in providing school psychological services or
21 who, in providing any human services, is supervised by a
22 person licensed under this Act, is similarly bound to regard
23 all information and communications as privileged in accord
24 with this Section.
25 (d) Nothing in this Act shall be construed to prohibit a
26 licensed school psychologist from voluntarily testifying in
27 court hearings concerning matters of adoption, child abuse,
28 child neglect, or other matters pertaining to children,
29 except as provided under the Abused and Neglected Child
30 Reporting Act.
31 (e) The Mental Health and Developmental Disabilities
32 Confidentiality Act is incorporated in this Act as if all of
33 its provisions were included in this Act.
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1 Section 35. Department duties. Subject to the provisions
2 of this Act, the Department shall:
3 (1) Authorize examinations to ascertain the
4 qualifications and fitness of applicants for licensure as
5 school psychologists and pass upon the qualifications of
6 applicants for reciprocal licensure under Section 50.
7 (2) Conduct hearings on proceedings to refuse to
8 issue or renew or to revoke licenses or to suspend, place
9 on probation, censure, or reprimand persons licensed
10 under the provisions of this Act.
11 (3) Adopt rules as necessary to administer and enforce
12 this Act.
13 Section 40. Board. The Director shall appoint a School
14 Psychologists Licensing Board that shall serve in an advisory
15 capacity to the Director. The Board shall consist of 7
16 persons. Four members shall be licensed school psychologists
17 and actively engaged in the practice of school psychology,
18 except that of the initial appointments, these members may be
19 persons engaged in the practice of school psychology for at
20 least 5 of the 10 years preceding their appointments; one
21 member shall be engaged in training school psychologists;
22 and 2 members shall be public members who are not licensed
23 health care providers. In appointing persons to the Board,
24 the Director shall consider recommendations by members of the
25 school psychology profession, by State-wide organizations
26 representing the interests of school psychologists, by
27 organizations representing the interests of school psychology
28 academic programs, and by approved school psychology and
29 counseling programs in the State of Illinois.
30 Members shall be appointed for a term of 4 years. No
31 member shall be eligible to serve for more than 2 full terms.
32 An appointment to fill a vacancy shall be for the unexpired
33 portion of the term. A member appointed to fill a vacancy
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1 shall be eligible for reappointment to only one full term.
2 The Director may remove a member for cause at a time prior to
3 the expiration of his or her term.
4 The Board shall annually elect one of its members as
5 chairperson and vice chairperson.
6 The members of the Board shall be reimbursed for all
7 authorized legitimate and necessary expenses incurred in
8 attending the meetings of the Board.
9 The Director shall consider all recommendations of the
10 Board. If the Director disagrees with or takes action
11 contrary to the recommendation of the Board, he or she shall
12 provide the Board with a written and specific explanation of
13 his or her actions.
14 A majority of the Board members currently appointed shall
15 constitute a quorum. A vacancy in the membership of the
16 Board shall not impair the right of a quorum to perform all
17 of the duties of the Board.
18 Members of the Board shall have no liability in any
19 action based upon a disciplinary proceeding or other activity
20 performed in good faith as a member of the Board.
21 The Director may terminate the appointment of a member
22 for cause which in the opinion of the Director reasonably
23 justifies the termination.
24 Section 45. Qualifications of applicants; examination.
25 (a) The Department, except as provided in Sections 35
26 and 50 of this Act, shall issue a license to practice school
27 psychology to a person who pays an application fee and who:
28 (1) is at least 21 years of age and has not engaged
29 in conduct or activities that would constitute grounds
30 for discipline under this Act;
31 (2) holds a Type 73 School Service Personnel
32 Certificate, with endorsement as a school psychologist
33 issued by the Illinois State Board of Education;
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1 (3) has graduated with a master's degree or higher
2 degree in psychology or educational psychology with
3 specialization in school psychology, including a minimum
4 of 60 semester hours of coursework, field experience, and
5 internship at the graduate level. In addition, the
6 applicant must have completed coursework in each of the
7 following 5 content areas: psychological foundations,
8 including biological basis of behavior, human learning,
9 social and cultural bases of behavior, child and
10 adolescent development, and individual differences;
11 educational foundations; interventions and problem
12 solving; statistics and research methodology; and
13 professional school psychology;
14 (4) has completed a full school year internship of
15 at least 1,200 clock hours under the direct supervision
16 of a certified school psychologist, as defined in Section
17 14-1.09 of the School Code, who holds a school service
18 personnel certificate, as defined under Section 21-25 of
19 the School Code;
20 (5) has at least 1,750 hours of post-certification
21 experience supervised by a cooperating school
22 psychologist; and
23 (6) has passed a written examination concerning the
24 practice of school psychology approved by the Department.
25 An Illinois certified school psychologist with 3 years of
26 supervised experience as a school psychologist who has passed
27 the National School Psychology Examination prepared by the
28 Educational Testing Service, who is in good standing as of
29 the effective date of this Act under the National School
30 Psychology Certification System (NSPCS), and who holds the
31 title of Nationally Certified School Psychologist (NCSP)
32 shall be eligible for a license as a school psychologist on
33 application and payment of the required fee during the 2-year
34 period following the effective date of this Act without
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1 further examination.
2 A person with 3 years of supervised experience as a
3 certified school psychologist and who is in good standing as
4 of the effective date of this Act under a School Service
5 Personnel Certificate endorsed for school psychology issued
6 by the State Teacher Certification Board shall be eligible
7 for a license by passing the National School Psychology
8 Examination prepared by the Educational Testing Service on
9 application and payment of the required fee during the 2-year
10 period following the effective date of this Act.
11 For 2 years following the effective date of this Act, the
12 Department shall issue a temporary, nonrenewable license,
13 without examination, to a person who demonstrates to the
14 Department that the person meets the educational
15 qualifications of a licensed school psychologist as set forth
16 in this Act and has been a certified school psychologist for
17 at least 3 years. A person holding a temporary license shall
18 pass the Board-approved examination within 2 years following
19 the effective date of this amendatory Act of 1997 to
20 determine his or her fitness to receive a license.
21 (b) Examinations for applicants under this Act shall be
22 held at the direction of the Department from time to time but
23 not less than once each year. The scope and form of the
24 examination shall be determined by the Department.
25 (c) Each applicant for a license who possesses the
26 necessary qualifications shall be examined by the Department
27 and shall pay to the Department or its designated testing
28 service the required nonrefundable examination fee.
29 (d) Applicants have 3 years from the date of application
30 to complete the application process. If the process has not
31 been completed in 3 years, the application shall be denied,
32 the fee shall be forfeited, and the applicant must reapply
33 and meet the requirements in effect at the time of
34 reapplication.
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1 (e) An applicant has one year from the date of
2 notification of successful completion of the examination to
3 apply to the Department for a license. If an applicant fails
4 to apply within one year, the applicant shall be required to
5 take and pass the examination again unless licensed in
6 another jurisdiction of the United States within one year of
7 passing the examination.
8 Section 50. Endorsement.
9 (a) The Department may grant a license as a school
10 psychologist on payment of the required fee to a person who,
11 at the time of application, is in good standing under the
12 National School Psychology Certification System (NSPCS) and
13 holds the title of Nationally Certified School Psychologist
14 (NCSP).
15 (b) Applicants have 3 years from the date of application
16 to complete the application process. If the process has not
17 been completed in 3 years, the application shall be denied,
18 the fee shall be forfeited, and the applicant must reapply
19 and meet the requirements in effect at the time of
20 reapplication.
21 Section 55. License renewal; restoration. The
22 expiration date and renewal period for each license issued
23 under this Act shall be set by rule of the Department. Every
24 holder of a license under this Act may renew his or her
25 license during the month preceding the expiration date of the
26 license upon payment of the required renewal fee.
27 Licensed school psychologists are obligated to continue
28 their professional education beyond the years of formal,
29 degree-related training. The Board shall determine by rule
30 the continuing education requirements necessary for license
31 renewal.
32 A school psychologist who has permitted his or her
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1 license to expire or whose license has been on inactive
2 status may have the license restored by making application to
3 the Department and filing proof acceptable to the Department
4 of his or her fitness to have the license restored, including
5 evidence certifying to active practice in another
6 jurisdiction satisfactory to the Department and by paying the
7 required restoration fee.
8 If the school psychologist has not maintained an active
9 practice in another jurisdiction satisfactory to the
10 Department, the Board shall determine, by an evaluation
11 program established by rule, his or her fitness to resume
12 active status, may require the person to complete a period of
13 supervised professional experience, and may require
14 successful completion of an examination.
15 However, a person licensed under this Act whose license
16 expired while he or she was (1) in federal service on active
17 duty with the Armed Forces of the United States or the State
18 Militia called into service or training or (2) in training or
19 education under the supervision of the United States
20 preliminary to induction into the military service, may have
21 his or her license renewed or restored without paying any
22 lapsed renewal fees if within 2 years after honorable
23 termination of the service, training, or education he or she
24 furnishes the Department with satisfactory evidence to the
25 effect that he or she has been so engaged and that his or her
26 service, training, or education has been so terminated.
27 Section 60. Inactive status. A school psychologist who
28 notifies the Department in writing on forms prescribed by the
29 Department may elect to place his or her license on an
30 inactive status and shall, subject to rules of the
31 Department, be excused from payment of renewal fees until he
32 or she notifies the Department in writing of his or her
33 intent to restore his or her license.
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1 A school psychologist requesting restoration from
2 inactive status shall be required to pay the current renewal
3 fee and shall be required to restore his or her license as
4 provided in Section 55 of this Act.
5 A school psychologist whose license is on inactive status
6 shall not practice in the State of Illinois. However, nothing
7 in this Act shall prevent a school psychologist certified by
8 the Illinois State Board of Education from performing his or
9 her assigned duties in a school setting while under the
10 employment of a local or regional Board of Education.
11 A licensee who shall practice school psychology while his
12 or her license is lapsed or on inactive status shall be
13 considered to be practicing without a license, which shall be
14 grounds for discipline under this Act.
15 Section 65. Disciplinary action; grounds.
16 (a) The practice of school psychology is complex and
17 varied and, therefore, allows for a broad range of
18 professional conduct. However, some acts constitute
19 unprofessional conduct and are prohibited by applicants for
20 licensure and licensees. Complaints regarding these acts
21 shall be investigated by the Department and may lead to
22 disciplinary action.
23 (b) The Department may refuse to issue or renew a
24 license, may revoke a license, or may suspend, place on
25 probation, censure, reprimand, or take other disciplinary
26 action deemed appropriate by the Department, including the
27 imposition of fines not to exceed $5,000 for each violation,
28 with regard to any license issued under the provisions of
29 this Act for any one or combination of the following reasons:
30 (1) Conviction of any crime that is a felony under
31 the laws of the United States or any state or territory
32 of the United States or that is a misdemeanor of which an
33 essential element is dishonesty, or any crime that is
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1 directly related to the practice of school psychology.
2 (2) Gross negligence in the rendering of school
3 psychological services.
4 (3) Using fraud or making any misrepresentation in
5 applying for a license or in passing the examination
6 provided for in this Act.
7 (4) Aiding or abetting or conspiring to aid or abet
8 a person, not a school psychologist licensed under this
9 Act, in representing himself or herself as licensed or in
10 applying for a license under this Act.
11 (5) Violation of a provision of this Act or its
12 rules.
13 (6) Professional connection or association with any
14 person, firm, association, partnership, or corporation
15 holding himself, herself, or itself out in a manner
16 contrary to the provisions of this Act.
17 (7) Unethical, unauthorized, or unprofessional
18 conduct, as defined by rule of the Department. In
19 establishing the rules, the Department shall consider,
20 though is not bound by, the ethical standards for school
21 psychologists promulgated by recognized national school
22 psychology associations.
23 (8) Aiding or assisting another person in violating
24 a provision of this Act or its rules.
25 (9) Failing to provide, within 60 days, information
26 in response to a written request made by the Department.
27 (10) Habitual or excessive use or addiction to
28 alcohol, narcotics, stimulants, or any other chemical
29 agent or drug that results in a school psychologist's
30 inability to practice with reasonable judgment, skill, or
31 safety.
32 (11) Discipline by another state, territory, the
33 District of Columbia or foreign country, if at least one
34 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 (12) Directly or indirectly giving to or receiving
4 from a person, firm, corporation, association, or
5 partnership a fee, commission, rebate, or other form of
6 compensation for a professional service not actually or
7 personally rendered.
8 (13) A finding by the Board that the licensee,
9 after having his or her license placed on probationary
10 status, has violated the terms of probation.
11 (14) Willfully making or filing fraudulent records
12 or reports, including but not limited to false records or
13 reports filed with State agencies.
14 (15) Physical illness, including but not limited
15 to, deterioration through the aging process, or mental
16 illness or disability that results in the inability to
17 practice the profession with reasonable judgment, skill,
18 and safety.
19 (16) Willfully failing to report an instance of
20 suspected child abuse or neglect as required by the
21 Abused and Neglected Child Reporting Act.
22 (17) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 pursuant to the Abused and Neglected Child Reporting Act,
25 and upon proof by clear and convincing evidence that the
26 licensee has caused a child to be an abused child or
27 neglected child as defined in the Abused and Neglected
28 Child Reporting Act.
29 (18) Violating of the Health Care Worker
30 Self-Referral Act.
31 (19) Making a material misstatement in furnishing
32 information to the Department, any other State or federal
33 agency, or any other entity.
34 The entry of an order by any circuit court establishing
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1 that a licensee is subject to involuntary admission or
2 judicial admission as provided for in the Mental Health and
3 Developmental Disabilities Code, operates as an automatic
4 suspension of that license. That person may have his or her
5 license restored only upon the determination by a circuit
6 court that the patient is no longer subject to involuntary
7 admission or judicial admission and the issuance of an order
8 so finding and discharging the patient and upon the Board's
9 recommendation to the Department that the license be
10 restored. Where the circumstances so indicate, the Board
11 may recommend to the Department that it require an
12 examination prior to restoring the suspended license.
13 The Department may refuse to issue or may suspend the
14 license of any person who fails to file a return, pay the
15 tax, penalty, or interest shown in a filed return, or pay a
16 final assessment of the tax, penalty, or interest, as
17 required by any tax Act administered by the Illinois
18 Department of Revenue, until such time as the requirements of
19 the tax Act are satisfied.
20 In enforcing this Section, the Board upon a showing of a
21 possible violation may compel a person licensed to practice
22 under this Act, or who has applied for licensure pursuant to
23 this Act, to submit to a mental or physical examination, or
24 both, as required by and at the expense of the Department.
25 The examining physicians shall be those specifically
26 designated by the Board. The Board or the Department may
27 order the examining physician to present testimony concerning
28 this mental or physical examination of the licensee or
29 applicant. No information shall be excluded by reason of any
30 common law or statutory privilege relating to communications
31 between the licensee or applicant and the examining
32 physician. The person to be examined may have, at his or her
33 own expense, another physician of his or her choice present
34 during all aspects of the examination. Failure of a person
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1 to submit to a mental or physical examination when directed
2 shall be grounds for suspension of a license until the person
3 submits to the examination if the Board finds, after notice
4 and hearing, that the refusal to submit to the examination
5 was without reasonable cause.
6 If the Board finds a person unable to practice because of
7 the reasons set forth in this Section, the Board may require
8 that person to submit to care, counseling, or treatment by
9 physicians approved or designated by the Board, as a
10 condition, term, or restriction for continued, reinstated, or
11 renewed licensure to practice; or, in lieu of care,
12 counseling, or treatment, the Board may recommend to the
13 Department to file a complaint to immediately revoke the
14 license or suspend or otherwise discipline the licensee. A
15 person whose license was granted, continued, reinstated,
16 renewed, disciplined, or supervised subject to such terms,
17 conditions, or restrictions, and who fails to comply with
18 such terms, conditions, or restrictions, shall be referred to
19 the Director for a determination as to whether the person
20 shall have his or her license suspended immediately, pending
21 a hearing by the Board.
22 If the Director immediately suspends a person's license
23 under this Section, a hearing on that person's license shall
24 be convened by the Board within 15 days after the suspension
25 and shall be completed without appreciable delay. The Board
26 may review the subject person's record of treatment and
27 counseling regarding the impairment, to the extent permitted
28 by applicable federal statutes and regulations safeguarding
29 the confidentiality of medical records.
30 A person licensed under this Act and affected under this
31 Section shall be afforded an opportunity to demonstrate to
32 the Board that he or she can resume practice in compliance
33 with this Act and its rules.
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1 Section 70. Licensing fees. The Department shall set by
2 rule fees for the administration of this Act, including but
3 not limited to fees for original and renewal licensing and
4 for restoration of a license.
5 Section 75. Deposit of fees and fines. All of the fees
6 and fines collected under this Act shall be deposited into
7 the General Professions Dedicated Fund. Moneys deposited into
8 the Fund under this Act may be used by the Department,
9 pursuant to appropriation, to administer and enforce this
10 Act.
11 Section 80. Returned checks; fines. A person who delivers
12 a check or other payment to the Department that is returned
13 to the Department unpaid by the financial institution upon
14 which it is drawn shall pay to the Department, in addition to
15 the amount already owed to the Department, a fine of $50. If
16 the check or other payment was for a renewal or issuance fee
17 and that person practices without paying the renewal fee or
18 issuance fee and the fine due, an additional fine established
19 by rule of the Department shall be imposed. The fines imposed
20 by this Section are in addition to any other discipline
21 provided under this Act for unlicensed practice or practice
22 on a nonrenewed license. The Department shall notify the
23 person that payment of fees and fines shall be paid to the
24 Department by certified check or money order within 30
25 calendar days of the notification. If, after the expiration
26 of 30 days from the date of the notification, the person has
27 failed to submit the necessary remittance, the Department
28 shall automatically terminate the license or deny the
29 application, without hearing. If, after termination or
30 denial, the person seeks a license, he or she shall apply to
31 the Department for restoration or issuance of the license and
32 shall pay all fees and fines due to the Department. The
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1 Department may establish a fee for the processing of an
2 application for restoration of a license to pay all expenses
3 of processing the application. The Director may waive the
4 fines due under this Section in individual cases when the
5 Director finds that the fines would be unreasonable or
6 unnecessarily burdensome.
7 Section 85. Civil penalties.
8 (a) A person who practices, offers to practice, attempts
9 to practice, or holds himself or herself out to practice as a
10 licensed school psychologist without being licensed or exempt
11 under this Act shall, in addition to any other penalty
12 provided by law, pay a civil penalty to the Department in an
13 amount not to exceed $5,000 for each offense, as determined
14 by the Department. The civil penalty shall be assessed by
15 the Department after a hearing is held in accordance with the
16 provisions set forth in this Act regarding the provision of a
17 hearing for the discipline of a licensee.
18 (b) The Department may investigate any actual, alleged,
19 or suspected unlicensed activity.
20 (c) The civil penalty assessed by the Department shall
21 be paid within 60 days after the effective date of the order
22 imposing the civil penalty. The order shall constitute a
23 judgment and may be filed and execution had on the judgment
24 in the same manner as any judgment from a court of record.
25 Section 90. Injunctions. A person who renders or offers
26 to render school psychological services or who represents
27 himself or herself as a licensed school psychologist or that
28 he or she renders school psychological services without a
29 license issued under this Act shall be guilty of a public
30 nuisance. The Attorney General or the State's Attorney of the
31 county in which the nuisance has occurred may file a
32 complaint in the circuit court on behalf of the Director and
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1 in the name of the People of the State of Illinois to enjoin
2 the person from continuing the public nuisance. Upon the
3 filing of a verified complaint pursuant to this Section, the
4 court, if satisfied that the unlawful act has been performed
5 and may continue to be performed, shall enter a temporary
6 restraining order or preliminary injunction without notice or
7 bond enjoining the defendant from performing the unlawful
8 act.
9 If it is established that the defendant contrary to this
10 Act has been rendering or offering to render school
11 psychological services or is engaging in or about to engage
12 in representing himself or herself as a person licensed under
13 this Act or that the services he or she renders are
14 independent school psychological services without having been
15 issued a license, after his or her license has been suspended
16 or revoked, or after his or her license has not been renewed,
17 the court may enter a judgment enjoining the person from
18 further engaging in the unlawful act. In case of a violation
19 of an injunction entered under this Section, a court may
20 summarily try and punish the offender for contempt of court.
21 Such injunction proceedings shall be in addition to, and not
22 in lieu of, all penalties and other remedies provided in this
23 Act.
24 Section 95. Investigation; notice; hearing. The
25 Department may investigate the actions of an applicant or of
26 a person or persons holding or claiming to hold a license.
27 The Department shall, before taking any disciplinary action
28 that the Department may deem proper with regard to a license,
29 at least 30 days prior to the date set for a hearing, notify
30 the applicant or licensee in writing of any charges made and
31 the time and place for a hearing of the charges before the
32 Board, direct him or her to file his or her written answer to
33 the Board under oath within 20 days after the service on him
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1 or her, and inform him or her that if he or she fails to file
2 an answer, default will be entered against him or her, and
3 provide that his or her license may be suspended, revoked, or
4 placed on probationary status or other disciplinary action,
5 including limiting the scope, nature, or extent of his or her
6 practice as the Department may deem proper, may be taken
7 against him or her. Such written notice may be served by
8 personal delivery or certified or registered mail at the last
9 known address. At the time and place fixed in the notice, the
10 Department shall proceed to hear the charges and the parties
11 or their counsel shall be afforded ample opportunity to
12 present statements, testimony, evidence, and argument that
13 may be pertinent to the charges or to the defense to the
14 charges. The Department may continue the hearing from time to
15 time. If the accused person, after receiving notice, fails to
16 file an answer, his or her license may in the discretion of
17 the Director, having first received the recommendation of the
18 Board, be suspended revoked, or placed on probationary status
19 or the Director may take whatever disciplinary action as he
20 or she may deem proper, including limiting the scope, nature,
21 or extent of the person's practice without a hearing if the
22 act or acts charged constitute sufficient grounds for
23 disciplinary action under this Act.
24 Section 100. Subpoena power. The Department shall have
25 power to subpoena and bring before it any person in this
26 State and to take testimony orally or by deposition, with the
27 same fees and mileage and in the same manner as prescribed by
28 law in judicial proceedings in civil cases in circuit courts
29 of this State.
30 The Director and any member of the Board designated by
31 the Director shall each have the authority to administer
32 oaths to witnesses at any hearing that the Department is
33 authorized to conduct under this Act, and any other oaths
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1 required or authorized to be administered by the Department
2 under this Act.
3 Section 105. Order for production of documents. A circuit
4 court may, upon application of the Department or its designee
5 or of the applicant or licensee against whom proceedings
6 pursuant to Section 95 of this Act are pending, enter an
7 order requiring the attendance of witnesses and their
8 testimony and the production of documents, papers, files,
9 books, and records in connection with a hearing or
10 investigation. The court may compel obedience to its order
11 through contempt proceedings.
12 Section 108. Record of proceedings; transcript. The
13 Department, at its expense, shall preserve a record of all
14 proceedings at any formal hearing of any case. The notice of
15 hearing, complaint and all other documents in the nature of
16 pleadings and written motions filed in the proceedings, the
17 transcript of testimony, the report of the Board and the
18 orders of the Department shall be the record of the
19 proceedings. The Department shall furnish a transcript of
20 the record to any person upon payment of the fee required
21 under Section 60f of the Civil Administrative Code of
22 Illinois.
23 Section 110. Board report. At the conclusion of the
24 hearing, the Board shall present to the Director a written
25 report of its findings of fact, conclusions of law, and
26 recommendations. The report shall contain a finding whether
27 or not the accused person violated this Act or failed to
28 comply with the conditions required in this Act. The Board
29 shall specify the nature of the violation or failure to
30 comply and shall make its recommendations to the Director.
31 The report of findings of fact, conclusions of law, and
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1 recommendation of the Board shall be the basis for the
2 Department's order for refusal or for the granting of a
3 license. If the Director disagrees in any regard with the
4 report of the Board, the Director may issue an order in
5 contravention of the report. The Director shall provide a
6 written report to the Board on any deviation from the Board's
7 report, and shall specify with particularity the reasons for
8 his or her action in the final order. The finding is not
9 admissible in evidence against the person in a criminal
10 prosecution brought for the violation of this Act, but the
11 hearing and finding are not a bar to a criminal prosecution
12 brought for the violation of this Act.
13 Section 115. Hearing officer. Notwithstanding the
14 provisions of Section 100 of this Act, the Director shall
15 have the authority to appoint an attorney licensed to
16 practice law in the State of Illinois to serve as the hearing
17 officer in an action for refusal to issue or renew a license
18 or for the discipline of a licensee. The Director shall
19 notify the Board of an appointment. The hearing officer
20 shall have full authority to conduct the hearing. The
21 hearing officer shall report his or her findings of fact,
22 conclusions of law, and recommendations to the Board and the
23 Director. The Board shall have 60 days from receipt of the
24 report to review the report of the hearing officer and
25 present its findings of fact, conclusions of law, and
26 recommendations to the Director. If the Board fails to
27 present its report within the 60-day period, the Director
28 shall issue an order based on the report of the hearing
29 officer. If the Director disagrees in any regard with the
30 report of the Board or hearing officer, he or she may issue
31 an order in contravention of the report. The Director shall
32 provide a written explanation to the Board on any such
33 deviation and shall specify with particularity the reasons
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1 for his or her action in the final order.
2 Section 120. Motion for rehearing. In a case involving
3 the refusal to issue or renew a license or the discipline of
4 a licensee, a copy of the Board's report shall be served upon
5 the respondent by the Department, either personally or as
6 provided in this Act for the service of the notice of
7 hearing. Within 20 days after service, the respondent may
8 present to the Department a motion in writing for a
9 rehearing, which shall specify the particular grounds for
10 rehearing. If no motion for rehearing is filed, then upon the
11 expiration of the 20-day period, or if a motion for rehearing
12 is denied, then upon the denial the Director may enter an
13 order in accordance with recommendations of the Board, except
14 as provided in Section 110 or 115 of this Act. If the
15 respondent shall order from the reporting service and pay for
16 a transcript of the record within the time for filing a
17 motion for rehearing, the 20-day period within which the
18 motion may be filed shall commence upon the delivery of the
19 transcript to the respondent.
20 Section 125. Rehearing on order of Director. Whenever the
21 Director is satisfied that substantial justice has not been
22 done in the revocation or suspension of a license or refusal
23 to issue or renew a license, the Director may order a
24 rehearing by the same or another hearing officer or by the
25 Board.
26 Section 130. Certificate of record. The Department shall
27 not be required to certify any record to a Court or file an
28 answer in court or otherwise appear in a court in a judicial
29 review proceeding, unless there is filed in the court, with
30 the complaint, a receipt from the Department acknowledging
31 payment of the costs of furnishing and certifying the record.
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1 Failure on the part of the plaintiff to file a receipt in
2 court shall be grounds for dismissal of the action.
3 Section 135. Restoration of license. At any time after
4 the suspension or revocation of a license, the Department may
5 restore it to the licensee, unless after an investigation and
6 a hearing, the Department determines that restoration is not
7 in the public interest. Where circumstances of suspension or
8 revocation so indicate, the Department may require an
9 examination of the licensee before restoring his or her
10 license.
11 Section 140. Roster. The Department shall maintain a
12 roster of the names and addresses of all licensees and of all
13 persons whose licenses have been suspended or revoked. This
14 roster shall be available upon written request and payment of
15 the required fee.
16 Section 135. Illinois Administrative Procedure Act. The
17 Illinois Administrative Procedure Act is hereby expressly
18 adopted and incorporated in this Act as if all of the
19 provisions of that Act were included in this Act, except that
20 the provision of subsection (d) of Section 10-65 of the
21 Illinois Administrative Procedure Act, providing that at
22 hearings the licensee has the right to show compliance with
23 all lawful requirements for retention, continuation, or
24 renewal of the license, is specifically excluded. For the
25 purposes of this Act, the notice required under Section 10-25
26 of the Illinois Administrative Procedure Act is deemed
27 sufficient when mailed to the last known address of a party.
28 Section 140. Administrative Review Law. All final
29 administrative decisions of the Department are subject to
30 judicial review pursuant to the provisions of the
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1 Administrative Review Law and its rules. The term
2 "administrative decision" is defined as in Section 3-101 of
3 the Code of Civil Procedure.
4 Proceedings for judicial review shall be commenced in the
5 circuit court of the county in which the party applying for
6 review resides, but if the party is not a resident of this
7 State, venue shall be in Sangamon County.
8 Section 180. Home rule preemption. It is declared to be
9 the public policy of this State, pursuant to subsection (h)
10 of Section 6 of Article VII of the Illinois Constitution of
11 1970, that any power or function set forth in this Act to be
12 exercised by the State is an exclusive State power or
13 function. Such power or function shall not be exercised
14 concurrently, either directly or indirectly, by any unit of
15 local government, including home rule units, except as
16 otherwise provided in this Act.
17 Section 200. The Regulatory Agency Sunset Act is amended
18 by adding Section 4.18 as follows:
19 (5 ILCS 80/4.18 new)
20 Sec. 4.18. Act repealed on January 1, 2008. The
21 following Act is repealed on January 1, 2008:
22 The School Psychologist Licensing Act.
23 Section 999. Effective date. This Act takes effect
24 January 1, 1998.".