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Public Act 100-0372 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Sections 4.28 and 4.37 as follows: | ||||
(5 ILCS 80/4.28) | ||||
Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||
Acts are
repealed on January 1, 2018: | ||||
The Illinois Petroleum Education and Marketing Act.
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The Podiatric Medical Practice Act of 1987. | ||||
The Acupuncture Practice Act. | ||||
The Illinois Speech-Language Pathology and Audiology | ||||
Practice Act. | ||||
The Interpreter for the Deaf Licensure Act of 2007. | ||||
The Nurse Practice Act. | ||||
The Clinical Social Work and Social Work Practice Act. | ||||
The Pharmacy Practice Act. | ||||
The Home Medical Equipment and Services Provider License | ||||
Act. | ||||
The Marriage and Family Therapy Licensing Act. | ||||
The Nursing Home Administrators Licensing and Disciplinary | ||||
Act. | ||||
The Physician Assistant Practice Act of 1987. |
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||
96-328, eff. 8-11-09.) | ||
(5 ILCS 80/4.37) | ||
Sec. 4.37. Acts and Articles repealed on January 1, 2027. | ||
The following Acts are repealed on January 1, 2027: | ||
The Clinical Psychologist Licensing Act.
| ||
The Illinois Optometric Practice Act of 1987. | ||
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
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XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
| ||
The Boiler and Pressure Vessel Repairer Regulation Act. | ||
The Marriage and Family Therapy Licensing Act. | ||
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16; | ||
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.) | ||
Section 10. The Marriage and Family Therapy Licensing Act | ||
is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65, | ||
70, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156, | ||
165, and 170 and by adding Section 10.5 as follows:
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(225 ILCS 55/10) (from Ch. 111, par. 8351-10)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 10. Definitions. As used in this Act:
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's application file or the | ||
licensee's application file or license file maintained by the | ||
Department's licensure maintenance unit. It is the duty of the | ||
applicant or licensee to inform the Department of any change of | ||
address, and such changes must be made either through the | ||
Department's website or by contacting the Department's | ||
licensure maintenance unit.
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"Advertise" means, but is not limited to, issuing or | ||
causing to
be distributed any card, sign or device to any | ||
person; or causing,
permitting or allowing any sign or marking | ||
on or in any building,
structure, newspaper, magazine or | ||
directory, or on radio or television; or
advertising by any | ||
other means designed to secure public attention.
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"Approved program" means an approved comprehensive program | ||
of study in
marriage and family therapy in a regionally | ||
accredited educational institution
approved by the Department | ||
for the training
of marriage and family therapists.
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"Associate licensed marriage and family therapist" means a | ||
person
to whom an associate licensed marriage and family | ||
therapist license has been issued
under this Act.
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"Board" means the Illinois Marriage and Family Therapy | ||
Licensing and
Disciplinary Board.
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"Department" means the Department of Financial and
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Professional Regulation.
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"Email address of record" means the designated email |
address recorded by the Department in the applicant's | ||
application file or the licensee's license file, as maintained | ||
by the Department's licensure maintenance unit. | ||
"First qualifying degree" means the first master's or | ||
doctoral degree, as described in paragraph (1) of subsection | ||
(b) of Section 40, that an applicant for licensure received. | ||
"License" means that which is required to practice marriage | ||
and family
therapy under this Act, the qualifications for which | ||
include specific
education, acceptable experience and | ||
examination requirements.
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"Licensed marriage and family therapist" means a person
to | ||
whom a
marriage and family therapist license has been issued | ||
under this Act.
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"Marriage and family therapy" means the evaluation and | ||
treatment of
mental and emotional problems within the context | ||
of human relationships.
Marriage and family therapy involves | ||
the use of psychotherapeutic methods
to ameliorate | ||
interpersonal and intrapersonal conflict and to modify
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perceptions, beliefs and behavior in areas of human life that | ||
include, but
are not limited to, premarriage, marriage, | ||
sexuality, family, divorce
adjustment, and parenting.
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"Person" means any individual, firm, corporation, | ||
partnership,
organization, or body politic.
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"Practice of marriage and family therapy" means the | ||
rendering of
marriage and family therapy services to | ||
individuals, couples, and families
as defined in this Section, |
either singly or in groups, whether the
services are offered | ||
directly to the general public or through
organizations, either | ||
public or private, for a fee, monetary or otherwise.
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"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
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"Title or description" means to hold oneself out as a | ||
licensed marriage
and family therapist or an associate licensed | ||
marriage and family therapist
to the public by means of stating | ||
on signs,
mailboxes, address plates, stationery, | ||
announcements, calling cards or
other instruments of | ||
professional identification.
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(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/10.5 new) | ||
Sec. 10.5. Address of record; email address of record. All | ||
applicants and licensees shall: | ||
(1) provide a valid address and email address to the | ||
Department, which shall serve as the address of record and | ||
email address of record, respectively, at the time of | ||
application for licensure or renewal of a license; and | ||
(2) inform the Department of any change of address of | ||
record or email address of record within 14 days after such | ||
change either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
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(225 ILCS 55/15) (from Ch. 111, par. 8351-15)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 15. Exemptions.
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(a) Nothing contained in this Act shall restrict any person | ||
not licensed
under this Act from performing marriage and family | ||
therapy if that person
does not represent himself or herself as | ||
a "licensed marriage and family
therapist" or an "associate | ||
licensed marriage and family therapist".
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(b) Nothing in this Act shall be construed as permitting | ||
persons
licensed as marriage and family therapists and | ||
associate licensed marriage and family therapists to engage in | ||
any manner in the
practice of medicine as defined in the laws | ||
of this State.
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(c) Nothing in this Act shall be construed to prevent | ||
qualified members
of other professional groups, including but | ||
not limited to
clinical psychologists, social workers, | ||
counselors, attorneys at law, or
psychiatric nurses, from | ||
performing or advertising that they perform the
work of a | ||
marriage and family therapist consistent with the laws of this
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State, their training, and any code of ethics of their | ||
respective
professions, provided they do not represent | ||
themselves by any title or
description as a licensed marriage | ||
and family therapist or an associate
licensed marriage and | ||
family therapist.
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(d) Nothing in this Act shall be construed to prevent any | ||
person from
the bona fide practice of the doctrines of an | ||
established church or
religious denomination if the person does |
not hold himself or herself out
to be a licensed marriage and | ||
family therapist or an associate licensed
marriage and family | ||
therapist.
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(e) Nothing in this Act shall prohibit self-help groups or | ||
programs or
not-for-profit organizations from providing | ||
services so long as these
groups, programs, or organizations do | ||
not hold themselves out as practicing
or being able to practice | ||
marriage and family therapy.
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(f) This Act does not prohibit:
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(1) A person from practicing marriage and family | ||
therapy as part of his
or her duties as an employee of a | ||
recognized academic institution, or a
federal, State, | ||
county, or local governmental institution or agency while
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performing those duties for which he or she was employed by | ||
the
institution, agency or facility.
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(2) A person from practicing marriage and family | ||
therapy as part of
his or her duties as an employee of a | ||
nonprofit organization consistent
with the laws of this | ||
State, his or her training, and any code of ethics of
his | ||
or her respective professions, provided the person does not | ||
represent
himself or herself as a "licensed marriage and | ||
family therapist" or an
"associate licensed marriage and | ||
family therapist".
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(3) A person from practicing marriage and family | ||
therapy if the person
is obtaining experience for licensure | ||
as a marriage and family therapist,
provided the person is |
designated by a title that clearly indicates
training | ||
status.
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(4) A person licensed in this State under any other Act | ||
from engaging
the practice for which he or she is licensed.
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(5) A person from practicing marriage and family | ||
therapy if the person
is a marriage and family therapist | ||
regulated under the laws of another
State, territory of the | ||
United States or country and who has applied in
writing to | ||
the Department, on forms prepared and furnished by the
| ||
Department, for licensing as a marriage and family | ||
therapist and who is
qualified to receive a license | ||
registration under Section 40 until the expiration of
6 | ||
months after the filing of the written application, the | ||
withdrawal of the
application, a notice of intent to deny | ||
the application, or the denial of
the application by the | ||
Department.
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(Source: P.A. 91-362, eff. 1-1-00 .)
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(225 ILCS 55/20) (from Ch. 111, par. 8351-20)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 20. Powers and duties of the Department. Subject to | ||
the
provisions of this Act, the Department shall exercise the | ||
following
functions, powers, and duties:
| ||
(a) Conduct or authorize examinations to ascertain the | ||
fitness and
qualifications of applicants for licensure and | ||
issue licenses to
those who are found to be fit and |
qualified.
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(b) Adopt Prescribe rules required for the | ||
administration of this Act, including, but not limited to, | ||
rules for a method of examination of
candidates and for | ||
determining approved graduate programs .
| ||
(b-5) Prescribe forms to be issued for the | ||
administration and enforcement of this Act consistent with | ||
and reflecting the requirements of this Act and rules | ||
adopted pursuant to this Act rules for determining approved | ||
graduate programs and
prepare and maintain a list of | ||
colleges and universities offering approved
programs .
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(c) Conduct hearings on proceedings to refuse to issue | ||
or renew licenses or to revoke, suspend, place on | ||
probation, or reprimand persons licensed under the | ||
provisions of this Act or refuse to
issue licenses .
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(d) Conduct investigations related to possible | ||
violations Promulgate rules required for the | ||
administration
of this Act.
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The Board may make recommendations on matters relating to | ||
continuing
education, including the number of hours necessary | ||
for license renewal, waivers
for those unable to meet the | ||
requirements, and acceptable course content.
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(Source: P.A. 90-61, eff. 12-30-97 .)
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(225 ILCS 55/25) (from Ch. 111, par. 8351-25)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 25. Marriage and Family Therapy Licensing and | ||
Disciplinary Board.
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(a) The Secretary shall appoint a There is established | ||
within the Department the Marriage and
Family Therapy Licensing | ||
and Disciplinary Board to be appointed by the
Secretary . The | ||
Board shall be composed of 7 persons who shall serve in an
| ||
advisory capacity to the Secretary. The Board shall annually | ||
elect a chairperson and a
vice chairperson.
| ||
(b) In appointing members of the Board, the Secretary
shall | ||
give due
consideration to recommendations by members of the | ||
profession of marriage
and family therapy and by the statewide | ||
organizations solely representing
the interests of marriage | ||
and family therapists.
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(c) Five members of the Board shall be marriage and family
| ||
therapists who have been in active practice for at least 5 | ||
years immediately
preceding their appointment, or engaged in | ||
the education and training of
masters, doctoral, or | ||
post-doctoral students of marriage and family
therapy,
or | ||
engaged in marriage and family therapy research. Each marriage | ||
or
family therapy teacher or researcher shall have spent the | ||
majority of the
time devoted to the study or research of | ||
marriage and family therapy during
the 2 years immediately | ||
preceding his or her appointment to the Board. The appointees | ||
shall be licensed under this Act.
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(d) Two members shall be representatives of the general | ||
public who have no
direct affiliation or work experience with |
the practice of marriage and
family therapy and who clearly | ||
represent consumer interests.
| ||
(e) Board members shall
be appointed for terms of 4 years | ||
each, except that any person chosen to
fill a vacancy shall be | ||
appointed only for the unexpired term of the Board
member whom | ||
he or she shall succeed. Upon the expiration of this term of
| ||
office, a Board member shall continue to serve until a | ||
successor is
appointed and qualified. No member shall serve | ||
more than 2 consecutive 4-year terms be reappointed to the | ||
Board for
a term that would cause continuous service on the | ||
Board to be longer than 8
years .
| ||
(f) The membership of the Board shall reasonably reflect | ||
representation
from the various geographic areas of the State.
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(g) Members of the Board shall have no liability be immune | ||
from suit in any action based
upon any disciplinary proceedings | ||
or other activities performed in good
faith as members of the | ||
Board.
| ||
(h) The Secretary
may remove any member of the Board for | ||
any cause that,
in the opinion of the Secretary, reasonably | ||
justifies termination.
| ||
(i) The Secretary
may consider the recommendations of the
| ||
Board on questions of standards of professional conduct, | ||
discipline, and
qualification of candidates or licensees under | ||
this Act.
| ||
(j) The members of the Board shall be reimbursed for all | ||
legitimate,
necessary, and authorized expenses.
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(k) A majority of the Board members currently appointed | ||
shall constitute a
quorum. A vacancy in the membership of the | ||
Board shall not impair the right of
a quorum to exercise all | ||
the rights and perform all the duties of the Board.
| ||
(Source: P.A. 95-703, eff. 12-31-07.)
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(225 ILCS 55/30) (from Ch. 111, par. 8351-30)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 30. Application.
| ||
(a) Applications for original licensure shall be made to | ||
the Department
in writing on forms or electronically as | ||
prescribed by the Department and shall be accompanied
by the | ||
appropriate documentation and the required fee, which shall not | ||
be refundable fee is
nonrefundable . Any application shall | ||
require such information as, in the
judgment of the Department, | ||
will enable the Department to pass on the
qualifications of the | ||
applicant for licensing.
| ||
(b) Applicants have 3 years from the date of application to | ||
complete the
application process. If the application has not | ||
been completed within 3 years,
the application shall be denied, | ||
the fee shall be forfeited, and the applicant
must reapply and | ||
meet the requirements in effect at the time of reapplication.
| ||
(c) A license shall not be denied to an applicant because | ||
of the applicant's
race, religion, creed, national origin, | ||
political beliefs or activities, age,
sex, sexual orientation, | ||
or physical disability that does not affect a person's ability |
to practice with reasonable judgment, skill, or safety.
| ||
(Source: P.A. 95-703, eff. 12-31-07 .)
| ||
(225 ILCS 55/40) (from Ch. 111, par. 8351-40)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 40. Qualifications for licensure.
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(a) A person is qualified for licensure as a marriage and | ||
family therapist
if that person:
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(1) is at least 21 years of age;
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(2) has applied in writing on forms prepared and | ||
furnished by the
Department;
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(3) (blank);
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(4) (blank); has not engaged or is not engaged in any | ||
practice or
conduct that would be grounds for disciplining | ||
a licensee under Section 85 of
this Act;
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(5) satisfies the education and experience | ||
requirements of
subsection
(b) of this Section; and
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(6) passes a written examination authorized by the | ||
Department.
| ||
(b) Any person who applies to the Department shall be | ||
issued a marriage
and family therapist license by
the | ||
Department if the person meets the qualifications set forth in | ||
subsection
(a) of this Section and provides evidence to the | ||
Department that the person:
| ||
(1) holds a master's or doctoral degree in marriage and | ||
family therapy
approved by the Department from a regionally |
accredited educational
institution; holds a master's
or | ||
doctoral degree from a regionally accredited educational | ||
institution in
marriage and family therapy or in
a related | ||
field with an equivalent course of study in marriage and | ||
family
therapy that is recommended by the Board and | ||
approved by the Department; or
holds a master's or doctoral | ||
degree from a program accredited by the Commission on | ||
Accreditation for Marriage and Family Therapy Education | ||
commission
on accreditations for marriage and family | ||
therapy education of the American
Association for Marriage | ||
and Family Therapists ;
| ||
(2) following the receipt of the first qualifying | ||
degree, has at least
2 years of experience, as defined by | ||
rule, in the practice of marriage and
family therapy, | ||
including at least 1,000 hours of face-to-face contact with
| ||
couples and families for the purpose of evaluation and | ||
treatment;
| ||
(3) has completed at least 200 hours of supervision of | ||
marriage and
family therapy, as defined by rule.
| ||
(c) Any person who applies to the Department shall be | ||
issued a temporary
license as an associate licensed marriage | ||
and family therapist by the Department if the
person meets the | ||
qualifications set forth in subsection (a)(1), (2), and (4) of
| ||
this Section and provides evidence to the Department that the | ||
person meets the
qualifications set forth in subsection (b)(1) | ||
of this Section. A person granted licensure as an associate |
licensed marriage and family therapist is eligible to sit for | ||
the written examination specified in paragraph (6) of | ||
subsection (a) of this Section. The license as
an associate | ||
licensed marriage and family therapist shall not be valid for | ||
more
than 5 years.
| ||
An associate licensed marriage and family therapist may not | ||
practice
independently and must be clinically supervised by a | ||
licensed marriage and
family therapist or equivalent as defined | ||
by rule.
| ||
An associate licensed marriage and family therapist may | ||
petition the
Department for a marriage and family therapist | ||
license upon completion of the
requirements in subsections (a) | ||
and (b).
| ||
(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00 .)
| ||
(225 ILCS 55/45) (from Ch. 111, par. 8351-45)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 45. Licenses; renewals; restoration; person in | ||
military service.
| ||
(a) The expiration date and renewal period for each license | ||
issued under
this Act shall be set by rule. As a condition for | ||
renewal of a license, the
licensee shall be required to | ||
complete continuing education under requirements
set forth in | ||
rules of the Department.
| ||
(b) Any person who has permitted his or her license to | ||
expire may have his
or her
license restored by making |
application to the Department and filing
proof acceptable to | ||
the Department of fitness to have his or her license
restored, | ||
which may include sworn evidence certifying to active practice | ||
in
another jurisdiction satisfactory to the Department, | ||
complying with any
continuing education requirements, and | ||
paying the required restoration fee.
| ||
(c) If the person has not maintained an active practice in | ||
another
jurisdiction satisfactory to the Department, the Board | ||
shall determine, by
an evaluation program established by rule, | ||
the person's fitness to resume
active status and may require | ||
the person to complete a period of evaluated
clinical | ||
experience and successful completion of a practical | ||
examination.
| ||
However, any person whose license expired while he or she | ||
has been engaged (i) in federal
service on active duty with the | ||
Armed Forces of the United States or
called into service or | ||
training with the State Militia, or (ii) in training
or | ||
education under the supervision of the United States | ||
preliminary to
induction into the military service may have his | ||
or her license renewed or
restored without paying any lapsed | ||
renewal fees if, within 2 years after
honorable termination of | ||
the service, training or education, except under
condition | ||
other than honorable, he or she furnishes the Department with
| ||
satisfactory evidence to the effect that he or she has been so | ||
engaged and that
the service, training, or education has been | ||
so terminated.
|
(d) Any person who notifies the Department, in writing on | ||
forms
prescribed by the Department, may place his or her | ||
license on inactive
status and shall be excused from the | ||
payment of renewal fees until the
person notifies the | ||
Department in writing of the intention to resume
active | ||
practice.
| ||
(e) Any person requesting his or her license be changed | ||
from inactive to
active status shall be required to pay the | ||
current renewal fee and shall
also demonstrate compliance with | ||
the continuing education requirements.
| ||
(f) Any marriage and family therapist or associate licensed | ||
marriage and family
therapist whose license is nonrenewed or on | ||
inactive status shall not engage
in the practice of marriage | ||
and family therapy in the State of Illinois and use
the title | ||
or advertise that he or she performs the services of a | ||
"licensed
marriage and family therapist" or an "associate | ||
licensed marriage and family
therapist".
| ||
(g) Any person violating subsection (f) of this Section | ||
shall be
considered to be practicing without a license and will | ||
be subject to the
disciplinary provisions of this Act.
| ||
(h) (Blank).
| ||
(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00 .)
| ||
(225 ILCS 55/65) (from Ch. 111, par. 8351-65)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 65. Endorsement. The Department may issue a license as |
a
licensed marriage and family therapist, without the required | ||
examination,
to an applicant licensed under the laws of another | ||
state if the
requirements for licensure in that state are, on | ||
the date of licensure,
substantially equivalent equal to the | ||
requirements of this Act or to a person who, at
the time of his | ||
or her application for licensure, possessed individual
| ||
qualifications that were
substantially equivalent to the | ||
requirements then in force in this State. An
applicant under
| ||
this Section shall pay all of the required fees.
| ||
Applicants have 3 years from the date of application to | ||
complete the
application process. If the process has not been | ||
completed within the 3
years, the application shall be denied, | ||
the fee shall be forfeited, and the
applicant
must reapply and | ||
meet the requirements in effect at the time of
reapplication.
| ||
(Source: P.A. 90-61, eff. 12-30-97 .)
| ||
(225 ILCS 55/70) (from Ch. 111, par. 8351-70)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 70. Privileged communications and exceptions.
| ||
(a) No licensed marriage and family therapist or associate | ||
licensed marriage and
family therapist shall disclose any
| ||
information acquired from persons consulting the marriage and | ||
family
therapist or associate licensed marriage and family | ||
therapist in a professional
capacity, except that which may be | ||
voluntarily
disclosed under the following circumstances:
| ||
(1) In the course of formally reporting, conferring, or |
consulting
with administrative superiors, colleagues, or | ||
consultants who share
professional responsibility, in | ||
which instance all recipients of the
information are | ||
similarly bound to regard the communications as | ||
privileged;
| ||
(2) With the written consent of the person who provided | ||
the information;
| ||
(3) In case of death or disability, with the written | ||
consent of a
personal representative, other person | ||
authorized to sue, or the beneficiary
of an insurance | ||
policy on the person's life, health, or physical condition;
| ||
(4) When a communication reveals the intended | ||
commission of a crime or
harmful act and the disclosure is | ||
judged necessary by the licensed marriage
and family | ||
therapist or associate licensed marriage and family | ||
therapist to protect
any person from a clear, imminent risk | ||
of
serious mental or physical harm or injury, or to | ||
forestall a serious threat
to the public safety; or
| ||
(5) When the person waives the privilege by bringing | ||
any public
charges, criminal, or civil, against the | ||
licensee.
| ||
(b) Any person having access to records or any one who | ||
participates in
providing marriage and family therapy services | ||
or who, in providing any
human services, is supervised by a | ||
licensed marriage and family therapist,
is similarly bound to | ||
regard all information and communications as
privileged in |
accord with this Section.
| ||
(c) The Mental Health and Developmental Disabilities | ||
Confidentiality Act
is incorporated in this Act as if all of | ||
its provisions were included in
this Act.
| ||
(Source: P.A. 91-362, eff. 1-1-00 .)
| ||
(225 ILCS 55/75) (from Ch. 111, par. 8351-75)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 75. License restrictions and limitations. No business | ||
organization association, partnership, or professional limited | ||
liability company shall provide, attempt to provide, or offer | ||
to provide marriage and family therapy services unless every | ||
member, partner, shareholder, director, officer, holder of any | ||
other ownership interest, agent, and employee of the | ||
association, partnership, or professional limited liability | ||
company who practices marriage and family therapy or who | ||
renders marriage and family therapy services holds a currently | ||
valid current license issued under this Act. No business shall | ||
be created that (1) has a stated purpose that includes marriage | ||
and family therapy, or (2) practices or holds itself out as | ||
available to practice provide, attempt to provide, or offer to | ||
provide
marriage and family therapy , services unless it is | ||
organized under the Professional
Service Corporation Act or | ||
Professional Limited Liability Company Act. Nothing in this Act | ||
shall preclude individuals licensed under this Act from | ||
practicing directly or indirectly for a physician licensed to |
practice medicine in all its branches under the Medical | ||
Practice Act of 1987 or for any legal entity as provided under | ||
subsection (c) of Section 22.2 of the Medical Practice Act of | ||
1987.
| ||
(Source: P.A. 99-227, eff. 8-3-15.)
| ||
(225 ILCS 55/80) (from Ch. 111, par. 8351-80)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 80. Roster. The Department shall maintain a roster of | ||
names and
addresses of all persons who hold valid licenses | ||
under this Act and all persons whose
licenses have been | ||
suspended or revoked within the previous year . This
roster | ||
shall be available upon request and payment of the required | ||
fee.
| ||
(Source: P.A. 87-783 .)
| ||
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 85. Refusal, revocation, or suspension.
| ||
(a) The Department may refuse to issue or renew a license , | ||
or may revoke a
license , or may suspend, reprimand, place on | ||
probation, fine, or take any other
disciplinary or | ||
non-disciplinary action as the Department may deem proper, | ||
including the imposition of fines not
to exceed $10,000
for | ||
each violation, with regard to any license issued under the | ||
provisions of this Act licensee for any one or
combination of |
the following grounds causes :
| ||
(1) Material misstatement in furnishing information to | ||
the Department.
| ||
(2) Violation Violations of any provision of this Act | ||
or its rules.
| ||
(3) Conviction of or entry of a plea of guilty or nolo | ||
contendere , finding of guilt, jury verdict, or entry of | ||
judgment or sentencing, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation, to any | ||
crime that is a felony under the laws of any jurisdiction | ||
of the United States that is (i) a felony or (ii) or any
| ||
state or territory thereof or
a misdemeanor ,
of which an
| ||
essential element of which is dishonesty or that
is
| ||
directly related to the practice of the profession.
| ||
(4) Fraud or Making any misrepresentation in applying | ||
for or procuring for the purpose of obtaining a license | ||
under this Act or in connection with applying for renewal | ||
or restoration of a license under
or violating any | ||
provision of this Act or its rules.
| ||
(5) Professional incompetence.
| ||
(6) Gross negligence in practice under this Act .
| ||
(7) Aiding or assisting another person in violating any | ||
provision of
this Act or its rules.
| ||
(8) Failing, within 60 30
days, to provide information | ||
in response to a
written request made by the Department.
|
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of
a
character likely to deceive, | ||
defraud or harm the public as defined by the
rules of the | ||
Department, or violating the rules of professional conduct
| ||
adopted by the Board and published by the Department.
| ||
(10) Habitual or excessive use or abuse of drugs | ||
defined in law as controlled substances, of addiction to | ||
alcohol, narcotics,
stimulants, or any other substance | ||
chemical agent or drug that results in the inability
to | ||
practice with reasonable judgment, skill, or safety.
| ||
(11) Discipline by another jurisdiction state, | ||
territory, or country if at least one
of the grounds for | ||
the discipline is the same or substantially equivalent
to | ||
those set forth in this Act.
| ||
(12) Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership, or association | ||
any fee, commission, rebate, or
other form of compensation | ||
for any professional services not actually or
personally | ||
rendered. Nothing in this paragraph (12) affects any bona | ||
fide independent contractor or employment arrangements | ||
among health care professionals, health facilities, health | ||
care providers, or other entities, except as otherwise | ||
prohibited by law. Any employment arrangements may include | ||
provisions for compensation, health insurance, pension, or | ||
other employment benefits for the provision of services | ||
within the scope of the licensee's practice under this Act. |
Nothing in this paragraph (12) shall be construed to | ||
require an employment arrangement to receive professional | ||
fees for services rendered.
| ||
(13) A finding by the Department that the licensee, | ||
after
having his or her license placed on probationary | ||
status, has violated the
terms of probation or failed to | ||
comply with the terms .
| ||
(14) Abandonment of a patient without cause.
| ||
(15) Willfully making or filing false records or | ||
reports relating to a
licensee's practice, including but | ||
not limited to false records filed with
State agencies or | ||
departments.
| ||
(16) Willfully Wilfully failing to report an instance | ||
of suspected child abuse
or neglect as required by the | ||
Abused and Neglected Child Reporting Act.
| ||
(17) Being named as a perpetrator in an indicated | ||
report by the
Department of Children and Family Services | ||
under the Abused and Neglected
Child Reporting Act and upon | ||
proof by clear and convincing evidence that
the licensee | ||
has caused a child to be an abused child or neglected child | ||
as
defined in the Abused and Neglected Child Reporting Act.
| ||
(18) Physical illness or mental illness or impairment, | ||
including, but not limited to, deterioration through
the | ||
aging process or loss of motor skill
that results
in the
| ||
inability to practice the profession with reasonable | ||
judgment, skill, or
safety.
|
(19) Solicitation of professional services by using | ||
false or misleading
advertising.
| ||
(20) A pattern of practice or other behavior that | ||
demonstrates incapacity or incompetence to practice under | ||
this Act. A finding that licensure has been applied for or | ||
obtained by
fraudulent means.
| ||
(21) Practicing under a false or assumed name, except | ||
as provided by law. or attempting to practice under a name | ||
other than the
full name as shown on the license or any | ||
other legally authorized name.
| ||
(22) Gross , willful, and continued overcharging for | ||
professional services , including filing false
statements | ||
for collection of fees or moneys for which services
are not
| ||
rendered.
| ||
(23) Failure to establish and maintain records of | ||
patient care and treatment as required by law. | ||
(24) Cheating on or attempting to subvert the licensing | ||
examinations administered under this Act. | ||
(25) Willfully failing to report an instance of | ||
suspected abuse, neglect, financial exploitation, or | ||
self-neglect of an eligible adult as defined in and | ||
required by the Adult Protective Services Act. | ||
(26) Being named as an abuser in a verified report by | ||
the Department on Aging and under the Adult Protective | ||
Services Act and upon proof by clear and convincing | ||
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the | ||
Adult Protective Services Act. | ||
(b) The Department shall deny any application for a license | ||
or renewal, without
hearing, under this Act to any person who | ||
has defaulted on an
educational loan guaranteed by the Illinois | ||
Student Assistance Commission;
however, the Department may | ||
issue a license or renewal if the person in default
has | ||
established a satisfactory repayment record as determined by | ||
the Illinois
Student Assistance Commission.
| ||
(c) The determination by a circuit court that a licensee is | ||
subject to
involuntary admission or judicial admission, as | ||
provided in the Mental
Health and Developmental Disabilities | ||
Code, operates as an automatic
suspension. The suspension will | ||
terminate only upon a finding by a court
that the patient is no | ||
longer subject to involuntary admission or judicial
admission | ||
and the issuance of an order so finding and discharging the
| ||
patient, and upon the recommendation of the Board to the | ||
Secretary
that the
licensee be allowed to resume his or her | ||
practice as a licensed marriage
and family therapist or an | ||
associate licensed marriage and family therapist.
| ||
(d) The Department shall may refuse to issue or may suspend | ||
the license of any
person who fails to file a return, pay the | ||
tax, penalty, or interest shown
in a filed return or pay any | ||
final assessment of tax, penalty, or interest,
as required by | ||
any tax Act administered by the Illinois Department of
Revenue, | ||
until the time the requirements of the tax Act are satisfied.
|
(e) In enforcing this Section, the Department or Board upon | ||
a showing of a
possible
violation may compel an individual | ||
licensed to practice under this Act, or
who has applied for | ||
licensure under this Act, to submit
to a mental or physical | ||
examination, or both, which may include a substance abuse or | ||
sexual offender evaluation, as required by and at the expense
| ||
of the Department. | ||
The Department shall specifically designate the examining | ||
physician licensed to practice medicine in all of its branches | ||
or, if applicable, the multidisciplinary team involved in | ||
providing the mental or physical examination or both. The | ||
multidisciplinary team shall be led by a physician licensed to | ||
practice medicine in all of its branches and may consist of one | ||
or more or a combination of physicians licensed to practice | ||
medicine in all of its branches, licensed clinical | ||
psychologists, licensed clinical social workers, licensed | ||
clinical professional counselors, licensed marriage and family | ||
therapists, and other professional and administrative staff. | ||
Any examining physician or member of the multidisciplinary team | ||
may require any person ordered to submit to an examination and | ||
evaluation pursuant to this Section to submit to any additional | ||
supplemental testing deemed necessary to complete any | ||
examination or evaluation process, including, but not limited | ||
to, blood testing, urinalysis, psychological testing, or | ||
neuropsychological testing. | ||
The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the | ||
Department any and all records, including business records, | ||
that relate to the examination and evaluation, including any | ||
supplemental testing performed. | ||
The Department or Board may order the examining physician | ||
or any member of the multidisciplinary team to
present
| ||
testimony concerning the mental or physical examination of the | ||
licensee or
applicant. No information , report, record, or other | ||
documents in any way related to the examination shall be | ||
excluded by reason of any common law or
statutory privilege | ||
relating to communications between the licensee or
applicant | ||
and the examining physician or any member of the | ||
multidisciplinary team. No authorization is necessary from the | ||
licensee or applicant ordered to undergo an examination for the | ||
examining physician or any member of the multidisciplinary team | ||
to provide information, reports, records, or other documents or | ||
to provide any testimony regarding the examination and | ||
evaluation . The examining
physicians
shall be specifically | ||
designated by the Board or Department. | ||
The individual to be examined may have, at his or her own | ||
expense, another
physician of his or her choice present during | ||
all
aspects of this examination. However, that physician shall | ||
be present only to observe and may not interfere in any way | ||
with the examination. | ||
Failure of an individual to submit to a mental
or
physical | ||
examination, when ordered directed , shall result in an |
automatic be grounds for suspension of his or
her
license until | ||
the individual submits to the examination if the Department
| ||
finds,
after notice and hearing, that the refusal to submit to | ||
the examination was
without reasonable cause .
| ||
If the Department or Board finds an individual unable to | ||
practice because of
the
reasons
set forth in this Section, the | ||
Department or Board may require that individual
to submit
to
| ||
care, counseling, or treatment by physicians approved
or | ||
designated by the Department or Board, as a condition, term, or | ||
restriction
for continued,
reinstated, or
renewed licensure to | ||
practice; or, in lieu of care, counseling, or treatment,
the | ||
Department may file, or
the Board may recommend to the | ||
Department to file, a complaint to immediately
suspend, revoke, | ||
or otherwise discipline the license of the individual.
An | ||
individual whose
license was granted, continued, reinstated, | ||
renewed, disciplined or supervised
subject to such terms, | ||
conditions, or restrictions, and who fails to comply
with
such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Secretary
for
a
determination as to whether the individual | ||
shall have his or her license
suspended immediately, pending a | ||
hearing by the Department.
| ||
In instances in which the Secretary
immediately suspends a | ||
person's license
under this Section, a hearing on that person's | ||
license must be convened by
the Department within 30
days after | ||
the suspension and completed without
appreciable
delay.
The | ||
Department and Board shall have the authority to review the |
subject
individual's record of
treatment and counseling | ||
regarding the impairment to the extent permitted by
applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of
medical records.
| ||
An individual licensed under this Act and affected under | ||
this Section shall
be
afforded an opportunity to demonstrate to | ||
the Department or Board that he or
she can resume
practice in | ||
compliance with acceptable and prevailing standards under the
| ||
provisions of his or her license.
| ||
(f) A fine shall be paid within 60 days after the effective | ||
date of the order imposing the fine or in accordance with the | ||
terms set forth in the order imposing the fine. | ||
(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
| ||
(225 ILCS 55/91) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 91. Unlicensed practice; violation; civil penalty.
| ||
(a) Any person who practices, offers to practice, attempts | ||
to practice, or holds himself or herself out to practice as a | ||
licensed marriage and family therapist or an associate licensed | ||
marriage and family therapist without being licensed under this | ||
Act shall, in addition to any other penalty provided by law, | ||
pay a civil penalty to the Department in an amount not to | ||
exceed $10,000 for each offense, as determined by the | ||
Department. The civil penalty shall be assessed by the | ||
Department after a hearing is held in accordance with the |
provisions set forth in this Act regarding the provision of a | ||
hearing for the discipline of a licensee. | ||
(b) The Department may investigate any and all unlicensed | ||
activity. | ||
(c) The civil penalty shall be paid within 60 days after | ||
the effective date of the order imposing the civil penalty. The | ||
order shall constitute a judgment and may be filed and | ||
execution had thereon in the same manner as any judgment from | ||
any court of record.
| ||
(Source: P.A. 95-703, eff. 12-31-07.)
| ||
(225 ILCS 55/95) (from Ch. 111, par. 8351-95)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 95. Investigation; notice and hearing. | ||
(a) The Department may investigate
the actions or | ||
qualifications of any person or persons holding or claiming to
| ||
hold a license under this Act . | ||
(b) The Department shall, before disciplining an applicant | ||
or licensee, Before suspending, revoking, placing on | ||
probationary status,
or taking any other disciplinary action as | ||
the Department may deem proper with
regard to any license, at | ||
least 30 days before the date set for the hearing,
the | ||
Department shall (i)
notify the accused in writing of any | ||
charges made and the time and place for a
hearing on the | ||
charges before the Board , (ii) direct him or her to file a
| ||
written answer to the charges with the Board under oath within |
20 days after
the service on him or her of such notice, and | ||
(iii) inform the applicant or licensee that failure to him or | ||
her that if
he or she fails to file an answer will result in a , | ||
default being entered against the applicant or licensee will be | ||
taken against him or her and
his or her license may be | ||
suspended, revoked, placed on probationary status, or
other | ||
disciplinary action taken with regard to the license, including | ||
limiting
the scope, nature, or extent
of his or her practice, | ||
as the Department may deem proper . | ||
(c) At the time and place fixed in the notice, the Board or | ||
hearing officer appointed by the Secretary shall proceed to | ||
hear the charges, and the parties or their counsel shall be | ||
accorded ample opportunity to present any pertinent | ||
statements, testimony, evidence, and arguments. The Board or | ||
hearing officer may continue the hearing from time to time. In | ||
case the person,
after receiving notice, fails to file an | ||
answer, his or her license may, in the
discretion of the | ||
Secretary having first received the recommendation of the | ||
Board, Department , be suspended, revoked,
placed on | ||
probationary status, or be subject to the Department may take | ||
whatever disciplinary
action the Secretary considers deemed | ||
proper, including limiting the scope, nature, or extent of the
| ||
person's practice or the imposition of a fine, without a | ||
hearing, if the act or
acts charged constitute sufficient | ||
grounds for such action under this Act.
| ||
(d) Written or electronic
notice , and any notice in the |
subsequent proceeding, may be served by personal
delivery , | ||
email, or by registered or certified mail to the
applicant or | ||
licensee at his or her last address of record or email address | ||
of record. with
the
Department. In case the person fails to | ||
file an answer after receiving notice,
his or her license may, | ||
in the discretion of the Department,
be
suspended, revoked, or | ||
placed on probationary status, or the Department may
take | ||
whatever disciplinary action deemed proper, including limiting | ||
the
scope, nature, or extent of the person's practice or the | ||
imposition of a
fine, without a hearing, if the act or acts | ||
charged constitute sufficient
grounds for such action under | ||
this Act. The written answer shall be served by
personal | ||
delivery, certified delivery, or certified or registered mail | ||
to
the Department. At the time and place fixed in the notice, | ||
the Department
shall proceed to hear the charges and the | ||
parties or their counsel shall be
accorded ample opportunity to | ||
present such statements, testimony, evidence,
and argument as | ||
may be pertinent to the charges or to the defense thereto. The
| ||
Department may continue such hearing from time to time. At the | ||
discretion of
the Secretary
after having first received the | ||
recommendation of the Board, the
accused person's license may | ||
be suspended
or revoked, if
the evidence constitutes sufficient | ||
grounds for such action under this Act.
| ||
(Source: P.A. 95-703, eff. 12-31-07.)
| ||
(225 ILCS 55/100) (from Ch. 111, par. 8351-100)
|
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 100. Record of proceeding. The Department, at its | ||
expense,
shall preserve a record of all proceedings at the | ||
formal hearing of any
case. The notice of hearing, complaint | ||
and all other documents in the
nature of pleadings and written | ||
motions filed in the proceedings, the
transcript of testimony, | ||
the report of the Board and orders of the
Department shall be | ||
in the record of the proceedings. The Department shall
furnish | ||
a copy transcript of the record to any person interested in the | ||
hearing upon
payment of the fee required under Section 2105-115 | ||
of the
Department of Professional Regulation Law (20 ILCS | ||
2105/2105-115).
| ||
(Source: P.A. 91-239, eff. 1-1-00 .)
| ||
(225 ILCS 55/115) (from Ch. 111, par. 8351-115)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 115. Hearing; motion for rehearing Rehearing . | ||
(a) The Board or the hearing officer appointed by the | ||
Secretary shall hear evidence in support of the formal charges | ||
and evidence produced by the licensee. At the conclusion of the | ||
hearing, the Board shall present to the Secretary a written | ||
report of its findings of fact, conclusions of law, and | ||
recommendations. If the Board fails to present its report, the | ||
applicant or licensee may request in writing a direct appeal to | ||
the Secretary, in which case the Secretary may issue an order | ||
based upon the report of the hearing officer and the record of |
the proceedings or issue an order remanding the matter back to | ||
the hearing officer for additional proceedings in accordance | ||
with the order. | ||
(b) At the conclusion of the hearing, In any hearing | ||
involving disciplinary action
against a licensee, a copy of the | ||
Board's or hearing officer's report shall be
served upon the | ||
applicant or licensee respondent by the Department, either | ||
personally or as provided
in this Act for the service of the | ||
notice of hearing. Within 20 calendar days
after service, the | ||
applicant or licensee respondent may present to the Department | ||
a motion in writing
for a rehearing that shall specify the | ||
particular grounds for rehearing. The Department may respond to | ||
the motion for rehearing within 20 calendar days after its | ||
service on the Department. If no
motion for rehearing is filed, | ||
then upon the expiration of the time specified
for filing a | ||
motion, or if a motion for rehearing is denied, then upon | ||
denial of a motion for rehearing ,
the Secretary
may enter an | ||
order in accordance with recommendations of the
Board or | ||
hearing officer , except as provided in this Act . If the | ||
applicant or licensee respondent orders from the
reporting | ||
service, and pays for, a transcript of the record within the | ||
time for
filing a motion for rehearing, the 20 calendar day | ||
period within which a motion
may be filed shall commence upon | ||
the delivery of the transcript to the applicant or licensee
| ||
respondent .
| ||
(c) If the Secretary disagrees in any regard with the |
report of the Board, the Secretary may issue an order contrary | ||
to the report. | ||
(d) Whenever the Secretary is not satisfied that | ||
substantial justice has been done, the Secretary may order a | ||
rehearing by the same or another hearing officer. | ||
(e) At any point in any investigation or disciplinary | ||
proceeding provided for in this Act, both parties may agree to | ||
a negotiated consent order. The consent order shall be final | ||
upon signature of the Secretary. | ||
(Source: P.A. 95-703, eff. 12-31-07.)
| ||
(225 ILCS 55/125) (from Ch. 111, par. 8351-125)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 125. Appointment of a hearing officer. | ||
Notwithstanding any other provision of this Act, the The | ||
Secretary
has the
authority to appoint any attorney duly | ||
licensed to practice law in the
State of Illinois to serve as | ||
the hearing officer in any action for refusal
to issue or renew | ||
a license, or to discipline a licensee. The hearing
officer | ||
shall have has full authority to conduct the hearing. The | ||
hearing officer
shall report his findings of fact, conclusions | ||
of law, and recommendations to the Board and the
Secretary. The | ||
Board
has 60 calendar days from receipt of the report to
review | ||
the report of the hearing officer and present its findings of | ||
fact,
conclusions of law and recommendations to the Secretary. | ||
If the Board fails
to present its report within the 60 calendar |
day period, the respondent may request in writing a direct | ||
appeal to the Secretary, in which case the Secretary shall, | ||
within 7 calendar days after the request, issue an order | ||
directing the Board to issue its findings of fact, conclusions | ||
of law, and recommendations to the Secretary within 30 calendar | ||
days after such order. If the Board fails to issue its findings | ||
of fact, conclusions of law, and recommendations within that | ||
time frame to the Secretary after the entry of such order, the | ||
Secretary shall, within 30 calendar days thereafter, issue an | ||
order based upon the report of the hearing officer and the | ||
record of the proceedings or issue an order remanding the | ||
matter back to the hearing officer for additional proceedings | ||
in accordance with the order. If (i) a direct appeal is | ||
requested, (ii) the Board fails to issue its findings of fact, | ||
conclusions of law, and recommendations within the 30-day | ||
mandate from the Secretary or the Secretary fails to order the | ||
Board to do so, and (iii) the Secretary fails to issue an order | ||
within 30 calendar days thereafter, then the hearing officer's | ||
report is deemed accepted and a final decision of the | ||
Secretary. Notwithstanding any other provision of this | ||
Section, if the Secretary, upon review, determines that | ||
substantial justice has not been done in the revocation, | ||
suspension, or refusal to issue or renew a license or other | ||
disciplinary action taken as the result of the entry of the | ||
hearing officer's report, the Secretary may order a rehearing | ||
by the same or other examiners.
If the Secretary
disagrees with |
the recommendation of the Board or the
hearing officer, the | ||
Secretary
may issue an order in contravention of the
| ||
recommendation.
| ||
(Source: P.A. 95-703, eff. 12-31-07.)
| ||
(225 ILCS 55/135) (from Ch. 111, par. 8351-135)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 135. Restoration. At any time after the successful | ||
completion of a term of probation, suspension , or
revocation of | ||
any license, the Department may restore the license to the | ||
licensee
accused person , upon the written recommendation of the | ||
Board, unless after
an investigation and a hearing the Board or | ||
Department determines that restoration is not
in the public | ||
interest. Where circumstances of suspension or revocation so | ||
indicate, the Department may require an examination of the | ||
licensee prior to restoring his or her license. No person whose | ||
license has been revoked as authorized in this Act may apply | ||
for restoration of that license or permit until such time as | ||
provided for in the Civil Administrative Code of Illinois.
| ||
(Source: P.A. 87-783 .)
| ||
(225 ILCS 55/145) (from Ch. 111, par. 8351-145)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 145. Summary suspension. The Secretary
may summarily | ||
suspend the
license of a marriage and family therapist or an | ||
associate licensed marriage and
family therapist without a |
hearing, simultaneously
with the institution of proceedings | ||
for a hearing provided for in this Act, if
the Secretary
finds | ||
that evidence in his or her possession indicates that a
| ||
marriage and family therapist's or associate licensed marriage | ||
and family
therapist's continuation in practice would | ||
constitute an
imminent danger to the public. In the event that | ||
the Secretary
summarily
suspends the license of a marriage and | ||
family therapist or an associate licensed
marriage and family | ||
therapist without a hearing, a
hearing by the Board or | ||
Department must be held within 30 calendar days after the | ||
suspension
has occurred.
| ||
(Source: P.A. 95-703, eff. 12-31-07.)
| ||
(225 ILCS 55/150) (from Ch. 111, par. 8351-150)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 150. Administrative Judicial review. All final | ||
administrative decisions of the
Department are subject to | ||
judicial review under the Administrative Review
Law and its | ||
rules. The term "administrative decision" is defined as in
| ||
Section 3-101 of the Code of Civil Procedure.
| ||
Proceedings for judicial review shall be commenced in the | ||
circuit
court of the county in which the party applying for | ||
review resides; but
if the party is not a resident of this | ||
State, the venue shall be in
Sangamon County.
| ||
(Source: P.A. 87-783 .)
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(225 ILCS 55/155) (from Ch. 111, par. 8351-155)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 155. Certification of records. The Department shall
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not be required to certify any record to the court Court or | ||
file any answer in
court or otherwise appear in any court in a | ||
judicial review proceeding,
unless and until the Department has | ||
received from the plaintiff there is filed in the court, with | ||
the complaint, a receipt from the
Department acknowledging | ||
payment of the costs of furnishing and certifying
the record , | ||
which costs shall be determined by the Department . Failure on | ||
the part of the plaintiff to file such receipt in
Court shall | ||
be grounds for dismissal of the action.
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(Source: P.A. 87-783 .)
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(225 ILCS 55/156) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 156. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department shall may not disclose | ||
the information to anyone other than law enforcement officials, | ||
other regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or a party presenting |
a lawful subpoena to the Department. Information and documents | ||
disclosed to a federal, State, county, or local law enforcement | ||
agency shall not be disclosed by the agency for any purpose to | ||
any other agency or person. A formal complaint filed against a | ||
licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
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(Source: P.A. 99-227, eff. 8-3-15.)
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(225 ILCS 55/165) (from Ch. 111, par. 8351-165)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 165. Illinois Administrative Procedure Act. The | ||
Illinois
Administrative
Procedure Act is expressly adopted and | ||
incorporated in this Act as if all
of the provisions of that | ||
Act were included in this Act, except that the
provision of | ||
paragraph (d) of Section 10-65 of the
Illinois Administrative | ||
Procedure Act, which provides that at hearings the
license | ||
holder has the right to show compliance with all
lawful
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requirements for retention, continuation or renewal of the | ||
license certificate ,
is
specifically excluded. For the purpose | ||
of this Act the notice required under
Section 10-25 of the | ||
Illinois Administrative Procedure Act is deemed
sufficient | ||
when mailed to the last known address of a party.
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(Source: P.A. 90-61, eff. 12-30-97 .)
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(225 ILCS 55/170) (from Ch. 111, par. 8351-170)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 170. Home rule. The regulation and licensing of | ||
marriage and family
therapists and associate licensed marriage | ||
and family therapists are exclusive
powers and functions of the | ||
State. A home
rule unit may not regulate or license marriage | ||
and family therapists or
associate marriage and family | ||
therapists.
This Section is a denial and limitation of home | ||
rule powers and functions
under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
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(Source: P.A. 91-362, eff. 1-1-00 .)
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Section 15. The Youth Mental Health Protection Act is | ||
amended by changing Section 15 as follows: | ||
(405 ILCS 48/15)
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Sec. 15. Definitions. For the purposes of this Act:
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"Mental health provider" means a clinical psychologist | ||
licensed under the Clinical Psychology Licensing Act; a school | ||
psychologist as defined in the School Code; a psychiatrist as | ||
defined in Section 1-121 of the Mental Health and Developmental | ||
Disabilities Code; a clinical social worker or social worker | ||
licensed under the Clinical Social Work and Social Work | ||
Practice Act; a marriage and family therapist or associate | ||
licensed marriage and family therapist licensed under the | ||
Marriage and Family Therapy Licensing Act; a professional | ||
counselor or clinical professional counselor licensed under |
the Professional Counselor and Clinical Professional Counselor | ||
Licensing and Practice Act; or any students, interns, | ||
volunteers, or other persons assisting or acting under the | ||
direction or guidance of any of these licensed professionals. | ||
"Sexual orientation change efforts" or "conversion | ||
therapy" means any practices or treatments that seek to change | ||
an individual's sexual orientation, as defined by subsection | ||
(O-1) of Section 1-103 of the Illinois Human Rights Act, | ||
including efforts to change behaviors or gender expressions or | ||
to eliminate or reduce sexual or romantic attractions or | ||
feelings towards individuals of the same sex. "Sexual | ||
orientation change efforts" or "conversion therapy" does not | ||
include counseling or mental health services that provide | ||
acceptance, support, and understanding of a person without | ||
seeking to change sexual orientation or mental health services | ||
that facilitate a person's coping, social support, and gender | ||
identity exploration and development, including sexual | ||
orientation neutral interventions to prevent or address | ||
unlawful conduct or unsafe sexual practices, without seeking to | ||
change sexual orientation.
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(Source: P.A. 99-411, eff. 1-1-16 .)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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