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90_HB1664sam001
LRB9004113JSgcam03
1 AMENDMENT TO HOUSE BILL 1664
2 AMENDMENT NO. . Amend House Bill 1664 by replacing
3 the title with the following:
4 "AN ACT to amend the Clinical Psychologist Licensing Act
5 by changing Sections 2 and 3."; and
6 by replacing Section 5 of the bill with the following:
7 "Section 5. The Clinical Psychologist Licensing Act is
8 amended by changing Sections 2 and 3 as follows:
9 (225 ILCS 15/2) (from Ch. 111, par. 5352)
10 (Text of Section before amendment by P.A. 89-702)
11 Sec. 2. As used in this Act:
12 (1) "Department" means the Department of
13 Professional Regulation.
14 (2) "Director" means the Director of Professional
15 Regulation.
16 (3) "Committee" means the Clinical Psychologists
17 Licensing and Disciplinary Committee appointed by the
18 Director.
19 (4) "Person" means an individual, association,
20 partnership or corporation.
21 (5) "Clinical Psychology" means the independent
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1 evaluation, classification and treatment of mental,
2 emotional, behavioral or nervous disorders or conditions,
3 developmental disabilities, alcoholism and substance
4 abuse, disorders of habit or conduct, the psychological
5 aspects of physical illness. The practice of clinical
6 psychology includes psychoeducational evaluation,
7 therapy, remediation and consultation, the use of
8 psychological and neuropsychological testing, assessment,
9 psychotherapy, psychoanalysis, hypnosis, biofeedback, and
10 behavioral modification when any of these are used for
11 the purpose of preventing or eliminating psychopathology,
12 or for the amelioration of psychological disorders of
13 individuals or groups. "Clinical psychology" does not
14 include the use of hypnosis by unlicensed persons
15 pursuant to Section 3.
16 (6) A person represents himself to be a "clinical
17 psychologist" within the meaning of this Act when he
18 holds himself out to the public by any title or
19 description of services incorporating the words
20 "psychological", "psychologic", "psychologist",
21 "psychology", or "clinical psychologist" or under such
22 title or description offers to render or renders clinical
23 psychological services as defined in paragraph (7) of
24 this Section to individuals, corporations, or the public
25 for remuneration.
26 (7) "Clinical psychological services" refers to any
27 services under paragraph (5) of this Section if the words
28 "psychological", "psychologic", "psychologist",
29 "psychology" or "clinical psychologist" are used to
30 describe such services by the person or organization
31 offering to render or rendering them.
32 This Act shall not apply to persons lawfully carrying on
33 their particular profession or business under any valid
34 existing regulatory Act of the State.
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1 (Source: P.A. 88-370.)
2 (Text of Section after amendment by P.A. 89-702)
3 Sec. 2. Definitions. As used in this Act:
4 (1) "Department" means the Department of
5 Professional Regulation.
6 (2) "Director" means the Director of Professional
7 Regulation.
8 (3) "Board" means the Clinical Psychologists
9 Licensing and Disciplinary Board appointed by the
10 Director.
11 (4) "Person" means an individual, association,
12 partnership or corporation.
13 (5) "Clinical psychology" means the independent
14 evaluation, classification and treatment of mental,
15 emotional, behavioral or nervous disorders or conditions,
16 developmental disabilities, alcoholism and substance
17 abuse, disorders of habit or conduct, the psychological
18 aspects of physical illness. The practice of clinical
19 psychology includes psychoeducational evaluation,
20 therapy, remediation and consultation, the use of
21 psychological and neuropsychological testing, assessment,
22 psychotherapy, psychoanalysis, hypnosis, biofeedback, and
23 behavioral modification when any of these are used for
24 the purpose of preventing or eliminating psychopathology,
25 or for the amelioration of psychological disorders of
26 individuals or groups. "Clinical psychology" does not
27 include the use of hypnosis by unlicensed persons
28 pursuant to Section 3.
29 (6) A person represents himself to be a "clinical
30 psychologist" within the meaning of this Act when he or
31 she holds himself out to the public by any title or
32 description of services incorporating the words
33 "psychological", "psychologic", "psychologist",
34 "psychology", or "clinical psychologist" or under such
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1 title or description offers to render or renders clinical
2 psychological services as defined in paragraph (7) of
3 this Section to individuals, corporations, or the public
4 for remuneration.
5 (7) "Clinical psychological services" refers to any
6 services under paragraph (5) of this Section if the words
7 "psychological", "psychologic", "psychologist",
8 "psychology" or "clinical psychologist" are used to
9 describe such services by the person or organization
10 offering to render or rendering them.
11 This Act shall not apply to persons lawfully carrying on
12 their particular profession or business under any valid
13 existing regulatory Act of the State.
14 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
15 (225 ILCS 15/3) (from Ch. 111, par. 5353)
16 (Text of Section before amendment by P.A. 89-702)
17 Sec. 3. (a) No individual, partnership, association or
18 corporation shall, without a valid license as a clinical
19 psychologist issued by the Department, in any manner hold
20 himself out to the public as a psychologist or clinical
21 psychologist under the provisions of this Act or render or
22 offer to render clinical psychological services as defined in
23 paragraph 7 of Section 2 of this Act; or attach the title
24 "clinical psychologist", "psychologist" or any other name or
25 designation which would in any way imply that he is able to
26 practice as a clinical psychologist; or offer to render or
27 render, to individuals, corporations or the public, clinical
28 psychological services as defined in paragraph 7 of Section 2
29 of this Act.
30 No person may engage in the practice of clinical
31 psychology, as defined in paragraph (5) of Section 2 of this
32 Act, without a license granted under this Act, except as
33 otherwise provided in this Act.
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1 (b) No association or partnership shall be granted a
2 license unless every member, partner, and employee of the
3 association or partnership who renders clinical psychological
4 services holds a currently valid license issued under this
5 Act. No license shall be issued to a corporation, the stated
6 purpose of which includes or which practices or which holds
7 itself out as available to practice clinical psychology
8 unless it is organized under the provisions of the
9 Professional Service Corporation Act, approved September 15,
10 1969, as amended.
11 (c) Individuals, corporations, partnerships and
12 associations may employ practicum students, interns or
13 postdoctoral candidates seeking to fulfill educational
14 requirements or the professional experience requirements
15 needed to qualify for a license as a clinical psychologist to
16 assist in the rendering of services, provided that such
17 employees function under the direct supervision, order,
18 control and full professional responsibility of a licensed
19 clinical psychologist in the corporation, partnership or
20 association. Nothing in this paragraph shall prohibit a
21 corporation, partnership or association from contracting with
22 a licensed health care professional to provide services.
23 (d) Nothing in this Act shall prevent the employment, by
24 a clinical psychologist, individual, association, partnership
25 or a corporation furnishing clinical psychological services
26 for remuneration, of persons not licensed as clinical
27 psychologists under the provisions of this Act to perform
28 services in various capacities as needed, provided that such
29 persons are not in any manner held out to the public as
30 rendering clinical psychological services as defined in
31 paragraph 7 of Section 2 of this Act. Nothing contained in
32 this Act shall require any hospital, clinic, home health
33 agency, hospice, or other entity that provides health care
34 services to employ or to contract with a clinical
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1 psychologist licensed under this Act to perform any of the
2 activities under paragraph (5) of Section 2 of this Act.
3 (e) Nothing in this Act shall be construed to limit the
4 services and use of official title on the part of a person,
5 not licensed under the provisions of this Act, in the employ
6 of a State, county or municipal agency or other political
7 subdivision insofar that such services are a part of the
8 duties in his salaried position, and insofar that such
9 services are performed solely on behalf of his employer.
10 Nothing contained in this Section shall be construed as
11 permitting such person to offer their services as
12 psychologists to any other persons and to accept remuneration
13 for such psychological services other than as specifically
14 excepted herein, unless they have been licensed under the
15 provisions of this Act.
16 (f) Duly recognized members of any bonafide religious
17 denomination shall not be restricted from functioning in
18 their ministerial capacity provided they do not represent
19 themselves as being clinical psychologists or providing
20 clinical psychological services.
21 (g) Nothing in this Act shall prohibit individuals not
22 licensed under the provisions of this Act who work in
23 self-help groups or programs or not-for-profit organizations
24 from providing services in those groups, programs, or
25 organizations, provided that such persons are not in any
26 manner held out to the public as rendering clinical
27 psychological services as defined in paragraph 7 of Section 2
28 of this Act.
29 (h) Nothing in this Act shall be construed to prevent a
30 person from practicing hypnosis without a license issued
31 under this Act provided that the person (1) does not
32 otherwise engage in the practice of clinical psychology
33 including, but not limited to, the independent evaluation,
34 classification, and treatment of mental, emotional,
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1 behavioral, or nervous disorders or conditions, developmental
2 disabilities, alcoholism and substance abuse, disorders of
3 habit or conduct, the psychological aspects of physical
4 illness, (2) does not otherwise engage in the practice of
5 medicine including, but not limited to, the diagnosis or
6 treatment of physical or mental ailments or conditions, and
7 (3) does not hold himself or herself out to the public by a
8 title or description stating or implying that the individual
9 is a clinical psychologist or is licensed to practice
10 clinical psychology.
11 (Source: P.A. 88-370.)
12 (Text of Section after amendment by P.A. 89-702)
13 Sec. 3. Necessity of license; corporations,
14 partnerships, and associations.
15 (a) No individual, partnership, association or
16 corporation shall, without a valid license as a clinical
17 psychologist issued by the Department, in any manner hold
18 himself or herself out to the public as a psychologist or
19 clinical psychologist under the provisions of this Act or
20 render or offer to render clinical psychological services as
21 defined in paragraph 7 of Section 2 of this Act; or attach
22 the title "clinical psychologist", "psychologist" or any
23 other name or designation which would in any way imply that
24 he or she is able to practice as a clinical psychologist; or
25 offer to render or render, to individuals, corporations or
26 the public, clinical psychological services as defined in
27 paragraph 7 of Section 2 of this Act.
28 No person may engage in the practice of clinical
29 psychology, as defined in paragraph (5) of Section 2 of this
30 Act, without a license granted under this Act, except as
31 otherwise provided in this Act.
32 (b) No association or partnership shall be granted a
33 license unless every member, partner, and employee of the
34 association or partnership who renders clinical psychological
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1 services holds a currently valid license issued under this
2 Act. No license shall be issued by the Department to a
3 corporation that (i) has a stated purpose that includes
4 clinical psychology, or (ii) practices or holds itself out as
5 available to practice clinical psychology, unless it is
6 organized under the Professional Service Corporation Act.
7 (c) Individuals, corporations, partnerships and
8 associations may employ practicum students, interns or
9 postdoctoral candidates seeking to fulfill educational
10 requirements or the professional experience requirements
11 needed to qualify for a license as a clinical psychologist to
12 assist in the rendering of services, provided that such
13 employees function under the direct supervision, order,
14 control and full professional responsibility of a licensed
15 clinical psychologist in the corporation, partnership or
16 association. Nothing in this paragraph shall prohibit a
17 corporation, partnership or association from contracting with
18 a licensed health care professional to provide services.
19 (d) Nothing in this Act shall prevent the employment, by
20 a clinical psychologist, individual, association, partnership
21 or a corporation furnishing clinical psychological services
22 for remuneration, of persons not licensed as clinical
23 psychologists under the provisions of this Act to perform
24 services in various capacities as needed, provided that such
25 persons are not in any manner held out to the public as
26 rendering clinical psychological services as defined in
27 paragraph 7 of Section 2 of this Act. Nothing contained in
28 this Act shall require any hospital, clinic, home health
29 agency, hospice, or other entity that provides health care
30 services to employ or to contract with a clinical
31 psychologist licensed under this Act to perform any of the
32 activities under paragraph (5) of Section 2 of this Act.
33 (e) Nothing in this Act shall be construed to limit the
34 services and use of official title on the part of a person,
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1 not licensed under the provisions of this Act, in the employ
2 of a State, county or municipal agency or other political
3 subdivision insofar that such services are a part of the
4 duties in his or her salaried position, and insofar that such
5 services are performed solely on behalf of his or her
6 employer.
7 Nothing contained in this Section shall be construed as
8 permitting such person to offer their services as
9 psychologists to any other persons and to accept remuneration
10 for such psychological services other than as specifically
11 excepted herein, unless they have been licensed under the
12 provisions of this Act.
13 (f) Duly recognized members of any bonafide religious
14 denomination shall not be restricted from functioning in
15 their ministerial capacity provided they do not represent
16 themselves as being clinical psychologists or providing
17 clinical psychological services.
18 (g) Nothing in this Act shall prohibit individuals not
19 licensed under the provisions of this Act who work in
20 self-help groups or programs or not-for-profit organizations
21 from providing services in those groups, programs, or
22 organizations, provided that such persons are not in any
23 manner held out to the public as rendering clinical
24 psychological services as defined in paragraph 7 of Section 2
25 of this Act.
26 (h) Nothing in this Act shall be construed to prevent a
27 person from practicing hypnosis without a license issued
28 under this Act provided that the person (1) does not
29 otherwise engage in the practice of clinical psychology
30 including, but not limited to, the independent evaluation,
31 classification, and treatment of mental, emotional,
32 behavioral, or nervous disorders or conditions, developmental
33 disabilities, alcoholism and substance abuse, disorders of
34 habit or conduct, the psychological aspects of physical
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1 illness, (2) does not otherwise engage in the practice of
2 medicine including, but not limited to, the diagnosis or
3 treatment of physical or mental ailments or conditions, and
4 (3) does not hold himself or herself out to the public by a
5 title or description stating or implying that the individual
6 is a clinical psychologist or is licensed to practice
7 clinical psychology.
8 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)".