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90_HB1664enr
225 ILCS 15/3 from Ch. 111, par. 5353
Amends the Clinical Psychologist Licensing Act to exempt
certain practitioners of hypnosis from the licensing
requirements of the Act.
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1 AN ACT to amend the Clinical Psychologist Licensing Act
2 by changing Sections 2 and 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clinical Psychologist Licensing Act is
6 amended by changing Sections 2 and 3 as follows:
7 (225 ILCS 15/2) (from Ch. 111, par. 5352)
8 (Text of Section before amendment by P.A. 89-702)
9 Sec. 2. As used in this Act:
10 (1) "Department" means the Department of
11 Professional Regulation.
12 (2) "Director" means the Director of Professional
13 Regulation.
14 (3) "Committee" means the Clinical Psychologists
15 Licensing and Disciplinary Committee appointed by the
16 Director.
17 (4) "Person" means an individual, association,
18 partnership or corporation.
19 (5) "Clinical Psychology" means the independent
20 evaluation, classification and treatment of mental,
21 emotional, behavioral or nervous disorders or conditions,
22 developmental disabilities, alcoholism and substance
23 abuse, disorders of habit or conduct, the psychological
24 aspects of physical illness. The practice of clinical
25 psychology includes psychoeducational evaluation,
26 therapy, remediation and consultation, the use of
27 psychological and neuropsychological testing, assessment,
28 psychotherapy, psychoanalysis, hypnosis, biofeedback, and
29 behavioral modification when any of these are used for
30 the purpose of preventing or eliminating psychopathology,
31 or for the amelioration of psychological disorders of
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1 individuals or groups. "Clinical psychology" does not
2 include the use of hypnosis by unlicensed persons
3 pursuant to Section 3.
4 (6) A person represents himself to be a "clinical
5 psychologist" within the meaning of this Act when he
6 holds himself out to the public by any title or
7 description of services incorporating the words
8 "psychological", "psychologic", "psychologist",
9 "psychology", or "clinical psychologist" or under such
10 title or description offers to render or renders clinical
11 psychological services as defined in paragraph (7) of
12 this Section to individuals, corporations, or the public
13 for remuneration.
14 (7) "Clinical psychological services" refers to any
15 services under paragraph (5) of this Section if the words
16 "psychological", "psychologic", "psychologist",
17 "psychology" or "clinical psychologist" are used to
18 describe such services by the person or organization
19 offering to render or rendering them.
20 This Act shall not apply to persons lawfully carrying on
21 their particular profession or business under any valid
22 existing regulatory Act of the State.
23 (Source: P.A. 88-370.)
24 (Text of Section after amendment by P.A. 89-702)
25 Sec. 2. Definitions. As used in this Act:
26 (1) "Department" means the Department of
27 Professional Regulation.
28 (2) "Director" means the Director of Professional
29 Regulation.
30 (3) "Board" means the Clinical Psychologists
31 Licensing and Disciplinary Board appointed by the
32 Director.
33 (4) "Person" means an individual, association,
34 partnership or corporation.
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1 (5) "Clinical psychology" means the independent
2 evaluation, classification and treatment of mental,
3 emotional, behavioral or nervous disorders or conditions,
4 developmental disabilities, alcoholism and substance
5 abuse, disorders of habit or conduct, the psychological
6 aspects of physical illness. The practice of clinical
7 psychology includes psychoeducational evaluation,
8 therapy, remediation and consultation, the use of
9 psychological and neuropsychological testing, assessment,
10 psychotherapy, psychoanalysis, hypnosis, biofeedback, and
11 behavioral modification when any of these are used for
12 the purpose of preventing or eliminating psychopathology,
13 or for the amelioration of psychological disorders of
14 individuals or groups. "Clinical psychology" does not
15 include the use of hypnosis by unlicensed persons
16 pursuant to Section 3.
17 (6) A person represents himself to be a "clinical
18 psychologist" within the meaning of this Act when he or
19 she holds himself out to the public by any title or
20 description of services incorporating the words
21 "psychological", "psychologic", "psychologist",
22 "psychology", or "clinical psychologist" or under such
23 title or description offers to render or renders clinical
24 psychological services as defined in paragraph (7) of
25 this Section to individuals, corporations, or the public
26 for remuneration.
27 (7) "Clinical psychological services" refers to any
28 services under paragraph (5) of this Section if the words
29 "psychological", "psychologic", "psychologist",
30 "psychology" or "clinical psychologist" are used to
31 describe such services by the person or organization
32 offering to render or rendering them.
33 This Act shall not apply to persons lawfully carrying on
34 their particular profession or business under any valid
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1 existing regulatory Act of the State.
2 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
3 (225 ILCS 15/3) (from Ch. 111, par. 5353)
4 (Text of Section before amendment by P.A. 89-702)
5 Sec. 3. (a) No individual, partnership, association or
6 corporation shall, without a valid license as a clinical
7 psychologist issued by the Department, in any manner hold
8 himself out to the public as a psychologist or clinical
9 psychologist under the provisions of this Act or render or
10 offer to render clinical psychological services as defined in
11 paragraph 7 of Section 2 of this Act; or attach the title
12 "clinical psychologist", "psychologist" or any other name or
13 designation which would in any way imply that he is able to
14 practice as a clinical psychologist; or offer to render or
15 render, to individuals, corporations or the public, clinical
16 psychological services as defined in paragraph 7 of Section 2
17 of this Act.
18 No person may engage in the practice of clinical
19 psychology, as defined in paragraph (5) of Section 2 of this
20 Act, without a license granted under this Act, except as
21 otherwise provided in this Act.
22 (b) No association or partnership shall be granted a
23 license unless every member, partner, and employee of the
24 association or partnership who renders clinical psychological
25 services holds a currently valid license issued under this
26 Act. No license shall be issued to a corporation, the stated
27 purpose of which includes or which practices or which holds
28 itself out as available to practice clinical psychology
29 unless it is organized under the provisions of the
30 Professional Service Corporation Act, approved September 15,
31 1969, as amended.
32 (c) Individuals, corporations, partnerships and
33 associations may employ practicum students, interns or
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1 postdoctoral candidates seeking to fulfill educational
2 requirements or the professional experience requirements
3 needed to qualify for a license as a clinical psychologist to
4 assist in the rendering of services, provided that such
5 employees function under the direct supervision, order,
6 control and full professional responsibility of a licensed
7 clinical psychologist in the corporation, partnership or
8 association. Nothing in this paragraph shall prohibit a
9 corporation, partnership or association from contracting with
10 a licensed health care professional to provide services.
11 (d) Nothing in this Act shall prevent the employment, by
12 a clinical psychologist, individual, association, partnership
13 or a corporation furnishing clinical psychological services
14 for remuneration, of persons not licensed as clinical
15 psychologists under the provisions of this Act to perform
16 services in various capacities as needed, provided that such
17 persons are not in any manner held out to the public as
18 rendering clinical psychological services as defined in
19 paragraph 7 of Section 2 of this Act. Nothing contained in
20 this Act shall require any hospital, clinic, home health
21 agency, hospice, or other entity that provides health care
22 services to employ or to contract with a clinical
23 psychologist licensed under this Act to perform any of the
24 activities under paragraph (5) of Section 2 of this Act.
25 (e) Nothing in this Act shall be construed to limit the
26 services and use of official title on the part of a person,
27 not licensed under the provisions of this Act, in the employ
28 of a State, county or municipal agency or other political
29 subdivision insofar that such services are a part of the
30 duties in his salaried position, and insofar that such
31 services are performed solely on behalf of his employer.
32 Nothing contained in this Section shall be construed as
33 permitting such person to offer their services as
34 psychologists to any other persons and to accept remuneration
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1 for such psychological services other than as specifically
2 excepted herein, unless they have been licensed under the
3 provisions of this Act.
4 (f) Duly recognized members of any bonafide religious
5 denomination shall not be restricted from functioning in
6 their ministerial capacity provided they do not represent
7 themselves as being clinical psychologists or providing
8 clinical psychological services.
9 (g) Nothing in this Act shall prohibit individuals not
10 licensed under the provisions of this Act who work in
11 self-help groups or programs or not-for-profit organizations
12 from providing services in those groups, programs, or
13 organizations, provided that such persons are not in any
14 manner held out to the public as rendering clinical
15 psychological services as defined in paragraph 7 of Section 2
16 of this Act.
17 (h) Nothing in this Act shall be construed to prevent a
18 person from practicing hypnosis without a license issued
19 under this Act provided that the person (1) does not
20 otherwise engage in the practice of clinical psychology
21 including, but not limited to, the independent evaluation,
22 classification, and treatment of mental, emotional,
23 behavioral, or nervous disorders or conditions, developmental
24 disabilities, alcoholism and substance abuse, disorders of
25 habit or conduct, the psychological aspects of physical
26 illness, (2) does not otherwise engage in the practice of
27 medicine including, but not limited to, the diagnosis or
28 treatment of physical or mental ailments or conditions, and
29 (3) does not hold himself or herself out to the public by a
30 title or description stating or implying that the individual
31 is a clinical psychologist or is licensed to practice
32 clinical psychology.
33 (Source: P.A. 88-370.)
34 (Text of Section after amendment by P.A. 89-702)
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1 Sec. 3. Necessity of license; corporations,
2 partnerships, and associations.
3 (a) No individual, partnership, association or
4 corporation shall, without a valid license as a clinical
5 psychologist issued by the Department, in any manner hold
6 himself or herself out to the public as a psychologist or
7 clinical psychologist under the provisions of this Act or
8 render or offer to render clinical psychological services as
9 defined in paragraph 7 of Section 2 of this Act; or attach
10 the title "clinical psychologist", "psychologist" or any
11 other name or designation which would in any way imply that
12 he or she is able to practice as a clinical psychologist; or
13 offer to render or render, to individuals, corporations or
14 the public, clinical psychological services as defined in
15 paragraph 7 of Section 2 of this Act.
16 No person may engage in the practice of clinical
17 psychology, as defined in paragraph (5) of Section 2 of this
18 Act, without a license granted under this Act, except as
19 otherwise provided in this Act.
20 (b) No association or partnership shall be granted a
21 license unless every member, partner, and employee of the
22 association or partnership who renders clinical psychological
23 services holds a currently valid license issued under this
24 Act. No license shall be issued by the Department to a
25 corporation that (i) has a stated purpose that includes
26 clinical psychology, or (ii) practices or holds itself out as
27 available to practice clinical psychology, unless it is
28 organized under the Professional Service Corporation Act.
29 (c) Individuals, corporations, partnerships and
30 associations may employ practicum students, interns or
31 postdoctoral candidates seeking to fulfill educational
32 requirements or the professional experience requirements
33 needed to qualify for a license as a clinical psychologist to
34 assist in the rendering of services, provided that such
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1 employees function under the direct supervision, order,
2 control and full professional responsibility of a licensed
3 clinical psychologist in the corporation, partnership or
4 association. Nothing in this paragraph shall prohibit a
5 corporation, partnership or association from contracting with
6 a licensed health care professional to provide services.
7 (d) Nothing in this Act shall prevent the employment, by
8 a clinical psychologist, individual, association, partnership
9 or a corporation furnishing clinical psychological services
10 for remuneration, of persons not licensed as clinical
11 psychologists under the provisions of this Act to perform
12 services in various capacities as needed, provided that such
13 persons are not in any manner held out to the public as
14 rendering clinical psychological services as defined in
15 paragraph 7 of Section 2 of this Act. Nothing contained in
16 this Act shall require any hospital, clinic, home health
17 agency, hospice, or other entity that provides health care
18 services to employ or to contract with a clinical
19 psychologist licensed under this Act to perform any of the
20 activities under paragraph (5) of Section 2 of this Act.
21 (e) Nothing in this Act shall be construed to limit the
22 services and use of official title on the part of a person,
23 not licensed under the provisions of this Act, in the employ
24 of a State, county or municipal agency or other political
25 subdivision insofar that such services are a part of the
26 duties in his or her salaried position, and insofar that such
27 services are performed solely on behalf of his or her
28 employer.
29 Nothing contained in this Section shall be construed as
30 permitting such person to offer their services as
31 psychologists to any other persons and to accept remuneration
32 for such psychological services other than as specifically
33 excepted herein, unless they have been licensed under the
34 provisions of this Act.
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1 (f) Duly recognized members of any bonafide religious
2 denomination shall not be restricted from functioning in
3 their ministerial capacity provided they do not represent
4 themselves as being clinical psychologists or providing
5 clinical psychological services.
6 (g) Nothing in this Act shall prohibit individuals not
7 licensed under the provisions of this Act who work in
8 self-help groups or programs or not-for-profit organizations
9 from providing services in those groups, programs, or
10 organizations, provided that such persons are not in any
11 manner held out to the public as rendering clinical
12 psychological services as defined in paragraph 7 of Section 2
13 of this Act.
14 (h) Nothing in this Act shall be construed to prevent a
15 person from practicing hypnosis without a license issued
16 under this Act provided that the person (1) does not
17 otherwise engage in the practice of clinical psychology
18 including, but not limited to, the independent evaluation,
19 classification, and treatment of mental, emotional,
20 behavioral, or nervous disorders or conditions, developmental
21 disabilities, alcoholism and substance abuse, disorders of
22 habit or conduct, the psychological aspects of physical
23 illness, (2) does not otherwise engage in the practice of
24 medicine including, but not limited to, the diagnosis or
25 treatment of physical or mental ailments or conditions, and
26 (3) does not hold himself or herself out to the public by a
27 title or description stating or implying that the individual
28 is a clinical psychologist or is licensed to practice
29 clinical psychology.
30 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
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1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.