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90_SB0674
225 ILCS 15/3 from Ch. 111, par. 5353
Amends the Clinical Psychologist Licensing Act to exempt
certain practitioners of hypnotherapy from the licensing
requirements of the Act.
LRB9003218DPmb
LRB9003218DPmb
1 AN ACT to amend the Clinical Psychologist Licensing Act
2 by changing Section 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 Section 3 as follows:
7 (225 ILCS 15/3) (from Ch. 111, par. 5353)
8 (Text of Section before amendment by P.A. 89-702)
9 Sec. 3. (a) No individual, partnership, association or
10 corporation shall, without a valid license as a clinical
11 psychologist issued by the Department, in any manner hold
12 himself out to the public as a psychologist or clinical
13 psychologist under the provisions of this Act or render or
14 offer to render clinical psychological services as defined in
15 paragraph 7 of Section 2 of this Act; or attach the title
16 "clinical psychologist", "psychologist" or any other name or
17 designation which would in any way imply that he is able to
18 practice as a clinical psychologist; or offer to render or
19 render, to individuals, corporations or the public, clinical
20 psychological services as defined in paragraph 7 of Section 2
21 of this Act.
22 No person may engage in the practice of clinical
23 psychology, as defined in paragraph (5) of Section 2 of this
24 Act, without a license granted under this Act, except as
25 otherwise provided in this Act.
26 (b) No association or partnership shall be granted a
27 license unless every member, partner, and employee of the
28 association or partnership who renders clinical psychological
29 services holds a currently valid license issued under this
30 Act. No license shall be issued to a corporation, the stated
31 purpose of which includes or which practices or which holds
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1 itself out as available to practice clinical psychology
2 unless it is organized under the provisions of the
3 Professional Service Corporation Act, approved September 15,
4 1969, as amended.
5 (c) Individuals, corporations, partnerships and
6 associations may employ practicum students, interns or
7 postdoctoral candidates seeking to fulfill educational
8 requirements or the professional experience requirements
9 needed to qualify for a license as a clinical psychologist to
10 assist in the rendering of services, provided that such
11 employees function under the direct supervision, order,
12 control and full professional responsibility of a licensed
13 clinical psychologist in the corporation, partnership or
14 association. Nothing in this paragraph shall prohibit a
15 corporation, partnership or association from contracting with
16 a licensed health care professional to provide services.
17 (d) Nothing in this Act shall prevent the employment, by
18 a clinical psychologist, individual, association, partnership
19 or a corporation furnishing clinical psychological services
20 for remuneration, of persons not licensed as clinical
21 psychologists under the provisions of this Act to perform
22 services in various capacities as needed, provided that such
23 persons are not in any manner held out to the public as
24 rendering clinical psychological services as defined in
25 paragraph 7 of Section 2 of this Act. Nothing contained in
26 this Act shall require any hospital, clinic, home health
27 agency, hospice, or other entity that provides health care
28 services to employ or to contract with a clinical
29 psychologist licensed under this Act to perform any of the
30 activities under paragraph (5) of Section 2 of this Act.
31 (e) Nothing in this Act shall be construed to limit the
32 services and use of official title on the part of a person,
33 not licensed under the provisions of this Act, in the employ
34 of a State, county or municipal agency or other political
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1 subdivision insofar that such services are a part of the
2 duties in his salaried position, and insofar that such
3 services are performed solely on behalf of his employer.
4 Nothing contained in this Section shall be construed as
5 permitting such person to offer their services as
6 psychologists to any other persons and to accept remuneration
7 for such psychological services other than as specifically
8 excepted herein, unless they have been licensed under the
9 provisions of this Act.
10 (f) Duly recognized members of any bonafide religious
11 denomination shall not be restricted from functioning in
12 their ministerial capacity provided they do not represent
13 themselves as being clinical psychologists or providing
14 clinical psychological services.
15 (g) Nothing in this Act shall prohibit individuals not
16 licensed under the provisions of this Act who work in
17 self-help groups or programs or not-for-profit organizations
18 from providing services in those groups, programs, or
19 organizations, provided that such persons are not in any
20 manner held out to the public as rendering clinical
21 psychological services as defined in paragraph 7 of Section 2
22 of this Act.
23 (h) Nothing in this Act shall be construed to prevent a
24 person from practicing hypnotherapy without a license issued
25 under this Act provided that the person (i) practices using
26 the title "hypnotherapist", (ii) has at least 100 hours of
27 instruction in hypnotherapy and 200 hours of supervised
28 practice from a trade guild or similar organization, (iii)
29 does not hold himself or herself out to the public by a title
30 or description stating or implying that the individual is a
31 clinical psychologist or is licensed to practice clinical
32 psychology, and (iv) does not offer to provide clinical
33 psychological services or attempt to diagnose or
34 independently treat a mental or medical disease. For the
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1 purposes of this subsection, "hypnotherapy" means the
2 induction of a hypnotic state in a person as a technique to
3 increase motivation or alter behavioral patterns in matters
4 such as situational stress management, non-clinical weight
5 control, smoking cessation, motivational goal setting, and
6 performance enhancement involving business, social, academic,
7 spiritual, self-improvement, athletic, and artistic
8 endeavors, and the alteration of habits germane to those
9 endeavors or to entertain the public.
10 (Source: P.A. 88-370.)
11 (Text of Section after amendment by P.A. 89-702)
12 Sec. 3. Necessity of license; corporations,
13 partnerships, and associations.
14 (a) No individual, partnership, association or
15 corporation shall, without a valid license as a clinical
16 psychologist issued by the Department, in any manner hold
17 himself or herself out to the public as a psychologist or
18 clinical psychologist under the provisions of this Act or
19 render or offer to render clinical psychological services as
20 defined in paragraph 7 of Section 2 of this Act; or attach
21 the title "clinical psychologist", "psychologist" or any
22 other name or designation which would in any way imply that
23 he or she is able to practice as a clinical psychologist; or
24 offer to render or render, to individuals, corporations or
25 the public, clinical psychological services as defined in
26 paragraph 7 of Section 2 of this Act.
27 No person may engage in the practice of clinical
28 psychology, as defined in paragraph (5) of Section 2 of this
29 Act, without a license granted under this Act, except as
30 otherwise provided in this Act.
31 (b) No association or partnership shall be granted a
32 license unless every member, partner, and employee of the
33 association or partnership who renders clinical psychological
34 services holds a currently valid license issued under this
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1 Act. No license shall be issued by the Department to a
2 corporation that (i) has a stated purpose that includes
3 clinical psychology, or (ii) practices or holds itself out as
4 available to practice clinical psychology, unless it is
5 organized under the Professional Service Corporation Act.
6 (c) Individuals, corporations, partnerships and
7 associations may employ practicum students, interns or
8 postdoctoral candidates seeking to fulfill educational
9 requirements or the professional experience requirements
10 needed to qualify for a license as a clinical psychologist to
11 assist in the rendering of services, provided that such
12 employees function under the direct supervision, order,
13 control and full professional responsibility of a licensed
14 clinical psychologist in the corporation, partnership or
15 association. Nothing in this paragraph shall prohibit a
16 corporation, partnership or association from contracting with
17 a licensed health care professional to provide services.
18 (d) Nothing in this Act shall prevent the employment, by
19 a clinical psychologist, individual, association, partnership
20 or a corporation furnishing clinical psychological services
21 for remuneration, of persons not licensed as clinical
22 psychologists under the provisions of this Act to perform
23 services in various capacities as needed, provided that such
24 persons are not in any manner held out to the public as
25 rendering clinical psychological services as defined in
26 paragraph 7 of Section 2 of this Act. Nothing contained in
27 this Act shall require any hospital, clinic, home health
28 agency, hospice, or other entity that provides health care
29 services to employ or to contract with a clinical
30 psychologist licensed under this Act to perform any of the
31 activities under paragraph (5) of Section 2 of this Act.
32 (e) Nothing in this Act shall be construed to limit the
33 services and use of official title on the part of a person,
34 not licensed under the provisions of this Act, in the employ
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1 of a State, county or municipal agency or other political
2 subdivision insofar that such services are a part of the
3 duties in his or her salaried position, and insofar that such
4 services are performed solely on behalf of his or her
5 employer.
6 Nothing contained in this Section shall be construed as
7 permitting such person to offer their services as
8 psychologists to any other persons and to accept remuneration
9 for such psychological services other than as specifically
10 excepted herein, unless they have been licensed under the
11 provisions of this Act.
12 (f) Duly recognized members of any bonafide religious
13 denomination shall not be restricted from functioning in
14 their ministerial capacity provided they do not represent
15 themselves as being clinical psychologists or providing
16 clinical psychological services.
17 (g) Nothing in this Act shall prohibit individuals not
18 licensed under the provisions of this Act who work in
19 self-help groups or programs or not-for-profit organizations
20 from providing services in those groups, programs, or
21 organizations, provided that such persons are not in any
22 manner held out to the public as rendering clinical
23 psychological services as defined in paragraph 7 of Section 2
24 of this Act.
25 (h) Nothing in this Act shall be construed to prevent a
26 person from practicing hypnotherapy without a license issued
27 under this Act provided that the person (i) practices using
28 the title "hypnotherapist", (ii) has at least 100 hours of
29 instruction in hypnotherapy and 200 hours of supervised
30 practice from a trade guild or similar organization, (iii)
31 does not hold himself or herself out to the public by a title
32 or description stating or implying that the individual is a
33 clinical psychologist or is licensed to practice clinical
34 psychology, and (iv) does not offer to provide clinical
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1 psychological services or attempt to diagnose or
2 independently treat a mental or medical disease. For the
3 purposes of this subsection, "hypnotherapy" means the
4 induction of a hypnotic state in a person as a technique or
5 to increase motivation or alter behavioral patterns in
6 matters such as situational stress management, non-clinical
7 weight control, smoking cessation, motivational goal setting,
8 and performance enhancement involving business, social,
9 academic, spiritual, self-improvement, athletic, and artistic
10 endeavors, and the alteration of habits germane to those
11 endeavors or to entertain the public.
12 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.