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Public Act 100-0414 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.28 and by adding Section 4.38 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repealed on January 1, 2018.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repealed on January 1, 2018: | ||||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 80/4.38 new) | ||
Sec. 4.38. Act repealed on January 1, 2028. The following | ||
Act is repealed on January 1, 2028: | ||
The Clinical Social Work and Social Work Practice Act. | ||
Section 10. The Clinical Social Work and Social Work | ||
Practice Act is amended by changing Sections 3, 4, 5, 6, 7, | ||
7.3, 9, 9A, 10, 14, 19, 21, 22, 25, 26, 28, 30, 31, 32, 33, 34, | ||
36, and 37 as follows:
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(225 ILCS 20/3) (from Ch. 111, par. 6353)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 3. Definitions . : The following words and phrases shall | ||
have the
meanings ascribed to them in this Section unless the | ||
context clearly
indicates otherwise:
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1. "Department" means the Department of Financial and
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Professional Regulation.
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2. "Secretary" means the Secretary of Financial and | ||
Professional
Regulation.
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3. "Board" means the Social Work Examining and Disciplinary |
Board.
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4. "Licensed Clinical Social Worker" means a person who | ||
holds a license
authorizing the independent practice of | ||
clinical social work in Illinois
under the auspices of an | ||
employer or in private practice or under the auspices of public | ||
human service agencies or private, nonprofit agencies | ||
providing publicly sponsored human services.
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5. "Clinical social work practice" means the providing of | ||
mental health
services for the evaluation, treatment, and | ||
prevention of mental and
emotional disorders in individuals, | ||
families , and groups based on knowledge
and theory of | ||
professionally accepted theoretical structures, including, but | ||
not limited to, psychosocial development, behavior, | ||
psychopathology,
unconscious motivation, interpersonal | ||
relationships, and environmental stress.
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6. "Treatment procedures" means among other things, | ||
individual,
marital, family , and group psychotherapy.
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7. "Independent practice of clinical social work" means the | ||
application
of clinical social work knowledge and skills by a | ||
licensed clinical social
worker who regulates and is | ||
responsible for her or his own practice or
treatment | ||
procedures.
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8. "License" means that which is required to practice | ||
clinical social
work or social work under this Act, the | ||
qualifications for which include specific
education, | ||
acceptable experience , and examination requirements.
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9. "Licensed social worker" means a person who holds a | ||
license authorizing
the practice of social work, which includes | ||
social services to individuals,
groups or communities in any | ||
one
or more of the fields of social casework, social group | ||
work, community
organization for social welfare, social work | ||
research, social welfare
administration , or social work | ||
education. Social casework and social group
work may also | ||
include clinical social work, as long as it is not conducted
in | ||
an independent practice, as defined in this Section. | ||
10. "Address of record" means the address recorded by the | ||
Department in the applicant's application file or the | ||
licensee's application file or license file, as maintained by | ||
the Department's licensure maintenance unit.
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11. "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. | ||
(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
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(225 ILCS 20/4) (from Ch. 111, par. 6354)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 4. Exemptions.
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1. This Act does not prohibit any of the following:
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(a) Any persons legally regulated in this State under | ||
any other Act from
engaging in the practice for which they | ||
are authorized, provided that they do
not represent |
themselves by any title as being engaged in the independent
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practice of clinical social work or the practice of social | ||
work as defined in
this Act, nor does it prohibit the | ||
practice of nonregulated professions whose
practitioners | ||
are engaged in the delivery of human services, provided | ||
such
practitioners do not represent themselves as or use | ||
the title of clinical
social worker or social worker.
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(b) The practice of clinical social work or social work | ||
by a person who is
employed by the United States government | ||
or by the State of Illinois,
unit of local government or | ||
any bureau, division or agency thereof while in
the | ||
discharge of the employee's official duties. Clinical | ||
social workers
employed by the State of Illinois who are | ||
hired after the effective date of
this amendatory Act of | ||
1994 shall hold a valid license, issued by this State,
to | ||
practice as a licensed clinical social worker, except for | ||
those clinical
social workers employed by the State who | ||
obtain their positions through
promotion.
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(c) The practice of a student pursuing a course of | ||
professional
education under the terms of this Act, if | ||
these activities and services
constitute a part of such | ||
student's supervised course of study.
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(d) A person from practicing social work if the person | ||
is obtaining experience for licensure as a clinical social | ||
worker or social worker, provided the person is designated | ||
by a title that clearly indicates training status. |
2. Nothing in this Act shall be construed to apply to any | ||
person engaged
in the bona fide practice of religious ministry | ||
provided the person does not
hold himself out to be engaged in | ||
the independent practice of clinical social
work or the | ||
practice of social work.
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3. This Act does not prohibit a person serving as a | ||
volunteer so long
as no representation prohibited by this | ||
Section is made.
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4. Nothing contained in this Act shall be construed to | ||
require any
hospital, clinic, home health agency, hospice, or | ||
other entity which
provides health care to employ or to | ||
contract with a licensed clinical
social worker to provide | ||
clinical social work practice or the independent
practice of | ||
clinical social work as described in this Act.
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(Source: P.A. 88-620, eff. 1-1-95 .)
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(225 ILCS 20/5) (from Ch. 111, par. 6355)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 5. Powers and duties of the Department. Subject to the | ||
provisions of this Act, the 1. The Department shall exercise | ||
the following functions, powers , and duties : as set
forth in | ||
this Act.
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(1) Conduct or authorize examinations to ascertain the | ||
qualifications and fitness of candidates for a license to | ||
engage in the independent practice of clinical social work | ||
and in the practice of social work, pass upon the |
qualifications of applicants for licenses, and issue | ||
licenses to those who are found to be fit and qualified. | ||
(2) Adopt rules required for the administration and | ||
enforcement of this Act. | ||
(3) Adopt rules for determining approved undergraduate | ||
and graduate social work degree programs and prepare and | ||
maintain a list of colleges and universities offering such | ||
approved programs whose graduates, if they otherwise meet | ||
the requirements of this Act, are eligible to apply for a | ||
license. | ||
(4) 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. | ||
(5)
Conduct investigations related to possible | ||
violations of this Act. | ||
(6) Maintain rosters of the names and addresses of all | ||
persons who hold valid licenses under this Act. These | ||
rosters shall be available upon written request and payment | ||
of the required fee. | ||
2. The Secretary shall promulgate rules consistent with the | ||
provisions of
this Act for the administration and enforcement | ||
thereof, and shall
prescribe forms which shall be issued in | ||
connection therewith.
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3. In addition, the Department shall:
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(a) Establish rules for determining approved |
undergraduate
and graduate social work degree
programs and | ||
prepare and maintain a list of colleges and universities
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offering such approved programs whose graduates, if they | ||
otherwise meet the
requirements of this Act, are eligible | ||
to apply for a license.
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(b) Promulgate rules, as may be necessary, for the | ||
administration of
this Act and to carry out the purposes | ||
thereof and to adopt the methods of
examination of | ||
candidates and to provide for the issuance of licenses
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authorizing the independent practice of clinical social | ||
work or the
practice of social work.
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(c) Authorize examinations to ascertain the | ||
qualifications and fitness
of candidates for a license to | ||
engage in the independent practice of
clinical social work | ||
and in the practice of social work, and to
determine the | ||
qualifications of applicants from
other jurisdictions to | ||
practice in Illinois.
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(d) Maintain rosters of the names and addresses of all | ||
licensees, and
all persons whose licenses have been | ||
suspended, revoked or denied renewal
for cause within the | ||
previous calendar year. These rosters shall be
available | ||
upon written request and payment of the required fee.
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(Source: P.A. 95-687, eff. 10-23-07.)
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(225 ILCS 20/6) (from Ch. 111, par. 6356)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 6. Social Work Examining and Disciplinary Board.
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(1) The Secretary shall appoint a Social Work Examining and
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Disciplinary Board consisting of 9 persons who shall serve in | ||
an
advisory capacity to the Secretary. The Board shall be | ||
composed of 6
licensed clinical social workers, one of whom | ||
shall be employed in a public human service agency, one of whom | ||
shall be a certified school
social worker, one of whom shall be | ||
employed in the private not-for-profit
sector and one of whom | ||
shall serve as the chairperson, 2 two licensed social
workers, | ||
and one member of the public who is not regulated under this | ||
Act
or a similar Act and who clearly represents consumer | ||
interests.
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(2) Members shall serve for a term 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 and | ||
until their
successors are appointed and qualified. No member | ||
shall serve more than 2 consecutive 4-year terms be
reappointed | ||
if such reappointment would cause that person's service on the
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Board to be longer than 8 successive years. Appointments to | ||
fill vacancies
for the unexpired portion of a vacated term | ||
shall be made in the same
manner as original appointments .
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(3) The membership of the Board should represent racial and | ||
cultural diversity and reasonably reflect
representation from | ||
different geographic areas of Illinois.
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(4) The Secretary may terminate the appointment of any | ||
member for
cause.
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(5) The Secretary may shall consider the recommendation of | ||
the Board
on all matters and questions relating to this Act , | ||
such as: (i) matters relating to continuing education, | ||
including the number of hours necessary for license renewal, | ||
waivers for those unable to meet such requirements, and | ||
acceptable course content and (ii) rules for administration of | ||
this Act .
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(6) (Blank). The Board is charged with the duties and | ||
responsibilities of
recommending to the Secretary the adoption | ||
of all policies, procedures and
rules which may be required or | ||
deemed advisable in order to perform the
duties and functions | ||
conferred on the Board, the Secretary and the
Department to | ||
carry out the provisions of this Act.
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(7) (Blank). The Board may make recommendations on all | ||
matters relating to
continuing education including the number | ||
of hours necessary for license
renewal, waivers for those | ||
unable to meet such requirements and acceptable
course content. | ||
Such recommendations shall not impose an undue burden on
the | ||
Department or an unreasonable restriction on those seeking | ||
license renewal.
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(8) The Board shall annually elect one of its members as | ||
chairperson and
one as vice chairperson.
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(9) Members of the Board shall be reimbursed for all | ||
authorized legitimate ,
and necessary , and authorized expenses |
incurred in attending the meetings of the Board .
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(10) 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 perform all of | ||
the duties of the Board.
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(11) Members of the Board shall have no liability in an | ||
action based upon
a disciplinary proceeding or other activity | ||
performed in good faith as a
member of the Board.
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(Source: P.A. 95-687, eff. 10-23-07.)
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(225 ILCS 20/7) (from Ch. 111, par. 6357)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 7. Applications for original license. Applications | ||
for original
licenses shall be made to the Department on forms | ||
or electronically as prescribed by the
Department and | ||
accompanied by the required fee which shall not be refundable.
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All applications shall contain such information which, in the | ||
judgment of the
Department, will enable the Department to pass | ||
on the qualifications of
the applicant for a license as a | ||
licensed clinical social
worker or as a licensed social worker.
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A license to practice shall not be denied 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 impairment .
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Applicants have 3 years from the date of application to | ||
complete the
application process. If the process has not been | ||
completed in 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. 90-150, eff. 12-30-97 .)
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(225 ILCS 20/7.3) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 7.3. Address of record; email address of record Change | ||
of address . 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) An applicant or licensee must inform the Department | ||
of any change of address of record or email address of | ||
record within 14 days after , and such change changes must | ||
be made either through the Department's website or by | ||
contacting the Department's licensure maintenance unit.
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(Source: P.A. 95-687, eff. 10-23-07.)
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(225 ILCS 20/9) (from Ch. 111, par. 6359)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 9. Qualifications Qualification for clinical social | ||
worker license. A person shall be qualified to be
licensed as a |
clinical social worker if that person and the Department shall | ||
issue a
license authorizing the independent practice of | ||
clinical social work to
an applicant who :
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(1) has applied in writing on the prescribed form;
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(2) is of good moral character. In determining good | ||
moral
character, the Department may take into | ||
consideration whether the applicant was
engaged in conduct | ||
or actions that would constitute grounds for discipline
| ||
under this
Act;
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(3) (a) (A) demonstrates to the satisfaction of the | ||
Department
that
subsequent to securing a master's degree in | ||
social work from an approved
program the applicant has | ||
successfully completed at least 3,000 hours of
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satisfactory, supervised clinical professional experience; | ||
or
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(b) (B) demonstrates to the satisfaction of the | ||
Department that
such
applicant has received a doctor's | ||
degree in social work from an approved
program and has | ||
completed at least 2,000 hours of satisfactory, supervised
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clinical professional experience subsequent to the degree;
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(4) has passed the examination for the practice of | ||
clinical
social work
as authorized by the Department; and
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(5) has paid the required fees.
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(Source: P.A. 95-687, eff. 10-23-07.)
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(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 9A. Qualifications for license as licensed social | ||
worker. A
person shall be qualified to be licensed as a | ||
licensed social worker if that person and
the Department shall | ||
issue a license authorizing the practice of social
work to an | ||
applicant who :
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(1) has applied in writing on the prescribed form;
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(2) is of good moral character, as defined in | ||
subsection (2) of
Section 9;
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(3)(a) has a degree from a graduate program of social | ||
work
approved by the Department; or
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(b) has a degree in social work from an undergraduate
| ||
program approved by the Department and has successfully | ||
completed at least
3 years of supervised professional | ||
experience subsequent to obtaining the
degree as | ||
established by rule. If
no supervision by a licensed social | ||
worker or a licensed clinical social
worker is available, | ||
then supervised professional experience may include
| ||
supervision by other appropriate disciplines as defined by | ||
rule;
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(4) has passed the examination for the practice of | ||
social work as
a licensed social worker as authorized by | ||
the Department; and
| ||
(5) has paid the required fees.
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(Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99 .)
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(225 ILCS 20/10) (from Ch. 111, par. 6360)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 10. License restrictions and limitations.
| ||
(a) No person shall, without a currently valid license as a | ||
social worker
issued by the Department: (i) in any manner hold | ||
himself or herself out to the
public as a social worker under | ||
this Act; (ii) use the title "social worker" or
"licensed | ||
social worker"; or (iii) offer to render to individuals,
| ||
corporations, or the public social work services if the words | ||
"social work" or
"licensed social worker" are used to describe | ||
the person offering to render or
rendering the services or to | ||
describe the services rendered or offered to be
rendered.
| ||
(b) No person shall, without a currently valid license as a | ||
clinical social worker
issued by the Department: (i) in any | ||
manner hold himself or herself out to the
public as a clinical | ||
social worker or licensed clinical social worker under
this | ||
Act; (ii) use the title "clinical social worker" or "licensed | ||
clinical
social worker"; or (iii) offer to render to | ||
individuals, corporations, or the
public clinical social work | ||
services if the words "licensed clinical social
worker" or | ||
"clinical social work" are used to describe the person to | ||
render or
rendering the services or to describe the
services | ||
rendered or offered to be rendered.
| ||
(c) Licensed social workers may not engage in independent | ||
practice of
clinical social work without a clinical social | ||
worker license. In independent
practice, a licensed social |
worker shall practice at all times under the order,
control, | ||
and full professional responsibility of a licensed clinical | ||
social
worker, a licensed clinical psychologist, a licensed | ||
clinical professional counselor, a licensed marriage and | ||
family therapist, or a psychiatrist, as defined in
Section | ||
1-121 of the Mental Health and Developmental Disabilities Code.
| ||
(d) No business organization association, partnership, or | ||
professional limited liability company shall provide, attempt | ||
to provide, or offer to provide social work or clinical social | ||
work services unless every
member, shareholder, partner, | ||
director, officer, holder of any other ownership interest, and | ||
employee of the association, partnership, or professional | ||
limited liability company who practices
social work or clinical | ||
social work or who renders social work or clinical
social work | ||
services holds a currently valid current license issued under | ||
this Act.
No business shall be created that (1) has a stated | ||
purpose that includes social work or clinical social work, or | ||
(2) provides provide , attempts attempt to provide, or offers | ||
offer to provide social work or clinical social work services | ||
unless it is organized under the
Professional Service | ||
Corporation Act, the Medical Corporation Act, or the | ||
Professional Limited Liability Company Act.
| ||
(e) 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. | ||
(f) Nothing in this Act shall preclude individuals licensed | ||
under this Act from practicing directly or indirectly for any | ||
hospital licensed under the Hospital Licensing Act or any | ||
hospital affiliate as defined in Section 10.8 of the Hospital | ||
Licensing Act and any hospital authorized under the University | ||
of Illinois Hospital Act. | ||
(Source: P.A. 99-227, eff. 8-3-15.)
| ||
(225 ILCS 20/14) (from Ch. 111, par. 6364)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 14. Checks or order to Department dishonored because | ||
of insufficient
funds.
Any person who delivers a check or other | ||
payment to the Department that
is returned to the Department | ||
unpaid by the financial institution upon
which it is drawn | ||
shall pay to the Department, in addition to the amount
already | ||
owed to the Department, a fine of $50. The fines imposed by | ||
this Section are in addition
to any other discipline provided | ||
under this Act for unlicensed
practice or practice on a | ||
nonrenewed license. The Department shall notify
the person that | ||
payment of fees and fines shall be paid to the Department
by | ||
certified check or money order within 30 calendar days of the
| ||
notification. If, after the expiration of 30 days from the date | ||
of the
notification, the person has failed to submit the | ||
necessary remittance, the
Department shall automatically |
terminate the license or certificate or deny
the application, | ||
without hearing. If, after termination or denial, the
person | ||
seeks a license or certificate , he or she shall apply to the
| ||
Department for restoration or issuance of the license or | ||
certificate and
pay all fees and fines due to the Department. | ||
The Department may establish
a fee for the processing of an | ||
application for restoration of a license or
certificate to pay | ||
all expenses of processing this application. The Secretary
may | ||
waive the fines due under this Section in individual cases | ||
where the Secretary finds that the fines would be unreasonable | ||
or unnecessarily
burdensome.
| ||
(Source: P.A. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/19) (from Ch. 111, par. 6369)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 19. Grounds for disciplinary action.
| ||
(1) The Department may refuse to issue or , refuse to renew | ||
a license , or may suspend, or
revoke any license , or may place | ||
on probation, censure, reprimand, or take
any other | ||
disciplinary or non-disciplinary action deemed appropriate by | ||
the Department, 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 for any one or a combination | ||
of
the following grounds reasons :
| ||
(a) material misstatements of fact in furnishing | ||
information to the
Department or to any other State agency |
or in furnishing information to any
insurance company with | ||
respect to a claim on behalf of a licensee or a patient;
| ||
(b) violations or negligent or intentional disregard | ||
of this Act, or any
of the rules promulgated hereunder;
| ||
(c) 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 or any
state or territory thereof or | ||
that is (i) a felony or (ii) a misdemeanor, of
which an | ||
essential
element of which is dishonesty, or any crime that | ||
is directly related
to the practice of the clinical social | ||
work or social work professions;
| ||
(d) fraud or making any misrepresentation in applying | ||
for or procuring a license under for the purpose of | ||
obtaining licenses,
or violating any provision of this Act | ||
or in connection with applying for renewal or restoration | ||
of a license under this Act any of the rules promulgated
| ||
hereunder ;
| ||
(e) professional incompetence;
| ||
(f) gross negligence in practice under this Act | ||
malpractice ;
| ||
(g) aiding or assisting another person in violating any | ||
provision of this
Act or its any rules;
|
(h) failing to provide information within 60 30 days in | ||
response to a
written request made by the Department;
| ||
(i) 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;
| ||
(j) habitual
or excessive use or abuse of drugs defined | ||
in law as controlled substances, of addiction to alcohol, | ||
narcotics, stimulants, or of any other substances
chemical | ||
agent or drug that results in the a clinical social | ||
worker's or social
worker's inability to practice
with | ||
reasonable judgment, skill, or safety;
| ||
(k) adverse action taken discipline by another state or | ||
jurisdiction, if at least one of the grounds
for the | ||
discipline is the same or substantially equivalent to those | ||
set
forth in this Section;
| ||
(l) 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 service not actually rendered. | ||
Nothing in this paragraph (l) 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 (l) shall be construed to require | ||
an employment arrangement to receive professional fees for | ||
services rendered;
| ||
(m) a finding by the Department Board that the | ||
licensee, after having the license
placed on probationary | ||
status, has violated the terms of probation or failed to | ||
comply with such terms ;
| ||
(n) abandonment, without cause, of a client;
| ||
(o) willfully making or wilfully filing false records | ||
or reports relating to a licensee's practice,
including , | ||
but not limited to , false records filed with Federal or | ||
State
agencies or departments;
| ||
(p) willfully wilfully failing to report an instance of | ||
suspected child abuse or
neglect as required by the Abused | ||
and Neglected Child Reporting Act;
| ||
(q) 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 or failed to take reasonable steps to prevent | ||
a child from being an abused child or neglected child
as | ||
defined in the Abused and Neglected Child Reporting Act;
| ||
(r) physical illness, mental illness, or any other |
impairment or disability, including, but not limited to,
| ||
deterioration through the
aging process, or loss of motor | ||
skills that results in the inability
to practice the | ||
profession with reasonable judgment, skill or safety;
| ||
(s) solicitation of professional services by using | ||
false or
misleading advertising; or
| ||
(t) violation of the Health Care Worker Self-Referral | ||
Act ; .
| ||
(u) 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; or | ||
(v) being named as an abuser in a verified report by | ||
the Department on Aging 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. | ||
(2) (Blank).
| ||
(3) The determination by a court that a licensee is subject | ||
to
involuntary
admission or judicial admission as provided in | ||
the Mental Health and
Developmental Disabilities Code, will | ||
result in an automatic suspension of his
license. Such | ||
suspension will end upon a finding by a court that the licensee
| ||
is no longer subject to involuntary admission or judicial | ||
admission and issues
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 professional
| ||
practice.
| ||
(4) The Department shall may refuse to issue or renew or | ||
may suspend the license of a
person who (i) 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 | ||
Department of Revenue,
until the requirements of the tax Act | ||
are satisfied or (ii) has failed to pay any court-ordered child | ||
support as determined by a court order or by
referral from the | ||
Department of Healthcare and Family Services.
| ||
(5) (a) In enforcing this Section, the Department or Board , | ||
upon a showing of a possible
violation , may compel a person | ||
licensed to practice under this Act, or
who has applied for | ||
licensure under or certification pursuant to 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. | ||
(b) 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, 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 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. physicians
shall be those | ||
specifically designated by the Board.
| ||
(c) The Board or the Department may order the examining | ||
physician or any member of the multidisciplinary team
to | ||
present testimony concerning this 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. | ||
(d) The person to be examined may have, at his or her own |
expense, another
physician of his or her choice present during | ||
all
aspects of the examination. However, that physician shall | ||
be present only to observe and may not interfere in any way | ||
with the examination. | ||
(e) Failure of any person to submit to a mental or
physical | ||
examination without reasonable cause , when ordered directed , | ||
shall result in an automatic be grounds for suspension of his | ||
or her a
license until the person submits to the examination if | ||
the Board finds,
after notice and hearing, that the refusal to | ||
submit to the examination was
without reasonable cause .
| ||
(f) If the Department or Board finds a person unable to | ||
practice because of the reasons
set forth in this Section, the | ||
Department or Board may require that person 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 person.
Any person | ||
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 person shall have his or | ||
her license
suspended immediately, pending a hearing by the |
Department Board .
| ||
(g) All fines imposed 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. | ||
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 Board within 30 days | ||
after the suspension and completed without appreciable
delay.
| ||
The Department and Board shall have the authority to review the | ||
subject person'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.
| ||
A person 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.
| ||
(Source: P.A. 98-756, eff. 7-16-14.)
| ||
(225 ILCS 20/21) (from Ch. 111, par. 6371)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 21. Investigations; notice and hearing. | ||
(a) The Department may
investigate the actions of any | ||
applicant or of any person holding or
claiming to hold a |
license under this Act . | ||
(b) The Department shall, before disciplining an applicant | ||
or licensee refusing to issue
or renew a license , at least 30 | ||
days prior to the date set for the
hearing : (i) ,
notify, in | ||
writing, the accused applicant for, or holder of, a license of | ||
the nature
of the charges made and the time and place for the | ||
that a hearing on the charges, (ii) will be held on the date | ||
designated.
The Department shall direct him or her the | ||
applicant or licensee to file a written
answer to the charges | ||
Board under oath within 20 days after the service of the
| ||
notice , and (iii) inform the applicant or licensee that failure | ||
to file an answer
will result in a default being entered taken | ||
against the applicant or licensee and
that the license or | ||
certificate may be
suspended, revoked, placed on probationary | ||
status, or other disciplinary
action may be taken, including | ||
limiting the scope, nature or extent of
practice, as the | ||
Secretary may deem proper . | ||
(c) Written or electronic notice , and any notice in the | ||
subsequent proceeding, may be served by personal delivery , by | ||
email, or by certified or
registered mail to the applicant or | ||
licensee at his or her the applicant's last address of record | ||
or email address of record .
In case the person fails to file an | ||
answer after receiving notice, his or
her license or | ||
certificate 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.
| ||
(d) 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 statements,
| ||
testimony, evidence and argument as may be pertinent to the | ||
charges or to
their defense. The Board or hearing officer may | ||
continue the a hearing from time to time.
| ||
(e) In case the person, after receiving the 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, be suspended, revoked, or placed on probationary status, | ||
or be subject to whatever disciplinary action the Secretary | ||
considers proper, including limiting the scope, nature, or | ||
extent of the person's practice or the imposition of a fine, | ||
without hearing, if the act or acts charged constitute | ||
sufficient grounds for that action under this Act. | ||
(Source: P.A. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/22) (from Ch. 111, par. 6372)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 22. Record of proceedings Proceedings ; transcript. | ||
The Department, at its
expense, shall preserve a record of all |
proceedings at the formal hearing
of any case involving the | ||
refusal to issue or to renew a license . The
notice of hearing, | ||
complaint, all other documents in the nature of
pleadings, | ||
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 such proceeding.
The Department shall | ||
furnish a copy transcript of the record to any person 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. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00 .)
| ||
(225 ILCS 20/25) (from Ch. 111, par. 6375)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 25. Findings and recommendations. 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. The report shall
contain a finding whether or | ||
not the licensee violated this act or
failed to comply with the | ||
conditions required in this Act. The Board shall
specify the | ||
nature of the violation or failure to comply, and shall make
| ||
its recommendations to the Secretary.
| ||
The report of findings of fact, conclusions of law , and | ||
recommendation of
the Board shall be the basis for the | ||
Department's order or refusal or for
the granting of the | ||
license. If the Secretary disagrees with the
recommendations of |
the Board, the Secretary may issue an order in
contravention | ||
thereof. The Secretary shall provide a written report to the
| ||
Board on any disagreement and shall specify the reasons for | ||
said action in
the final order. The finding is not admissible | ||
in evidence against the
person in a criminal prosecution | ||
brought for the violation of this Act, but
the hearing and | ||
findings are not a bar to a criminal prosecution brought for
| ||
the violation of this Act.
| ||
(Source: P.A. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/26) (from Ch. 111, par. 6376)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 26. Hearing; motion for rehearing Board - Rehearing . | ||
(a) The Board or 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 case involving |
the refusal to
issue or to renew a license or to discipline a | ||
licensee , a copy of the hearing officer's or
Board's report | ||
shall be served upon the applicant or licensee by the
| ||
Department, either personally or by registered or certified | ||
mail or as
provided in this Act for the service of the notice | ||
of hearing. Within 20 calendar
days after such service, the | ||
applicant or licensee may present to the
Department a motion in | ||
writing for a rehearing which shall specify the
particular | ||
grounds for rehearing therefor . The Department may respond to | ||
the motion for rehearing within 20 calendar days after its | ||
service on the Department. If no motion for a rehearing is | ||
filed, then
upon the expiration of the time specified for | ||
filing such a motion, or if a
motion for rehearing is denied, | ||
then upon such 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 Section 25 of | ||
this Act . If the applicant or licensee orders from the | ||
reporting service and pays for a transcript of the record | ||
within the time for filing a motion for rehearing, the 20-day | ||
period within which a motion may be filed shall commence upon | ||
the delivery of the transcript to the applicant or licensee.
| ||
(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. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/28) (from Ch. 111, par. 6378)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 28. Appointment of a hearing officer. Notwithstanding | ||
any other provision of this Act, the The Secretary has shall | ||
have 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 permit or to discipline a licensee. The Secretary shall
| ||
promptly notify the Board of any such appointment. The hearing | ||
officer
shall have full authority to conduct the hearing. The | ||
hearing officer shall report his or her
findings of fact, | ||
conclusions of law and recommendations to the Board and
to the | ||
Secretary. Upon receipt of the report, the Board shall have at | ||
least 60 days after
receipt of the
report to review it and | ||
present its findings of fact, conclusions of law
and | ||
recommendation to the Secretary. If the Board does not present | ||
its
report within the 60 days 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 of the | ||
hearing officer, the Secretary
may issue an
order in | ||
contravention of the Board's report. The Secretary
shall |
promptly provide a
written explanation to the Board on any such | ||
disagreement, and shall
specify the reasons for such action in | ||
the final order.
| ||
(Source: P.A. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/30) (from Ch. 111, par. 6380)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 30. Restoration of suspended or revoked license . At | ||
any time
after the successful completion of a term of | ||
probation, suspension , or revocation of any license, the | ||
Department may
restore the license it to the licensee upon the | ||
written recommendation of the Board unless after an | ||
investigation and 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. 85-967 .)
| ||
(225 ILCS 20/31) (from Ch. 111, par. 6381)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 31. Surrender of license. Upon the revocation or and | ||
suspension of any
the license, the licensee shall immediately |
surrender his or her license to
the
Department. If the licensee | ||
fails to do so, the Department shall have the
right to seize | ||
the license.
| ||
(Source: P.A. 90-150, eff. 12-30-97 .)
| ||
(225 ILCS 20/32) (from Ch. 111, par. 6382)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 32. Summary Temporary suspension of a license. The | ||
Secretary may summarily
temporarily suspend the license of a | ||
licensed clinical social worker
or licensed social worker | ||
without a
hearing simultaneously with the institution of | ||
proceedings for a hearing
provided for in Section 21 of this | ||
Act if the Secretary finds that conclusive
evidence in his or | ||
her possession indicates indicating that a licensee's | ||
continuation
in practice would constitute an imminent danger to | ||
the public. In the event
the Secretary summarily temporarily | ||
suspends such license without a hearing, a
hearing by the Board | ||
or Department shall be held within 30 calendar
days after the | ||
such suspension has occurred.
| ||
(Source: P.A. 95-687, eff. 10-23-07.)
| ||
(225 ILCS 20/33) (from Ch. 111, par. 6383)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 33. Administrative review review - venue . | ||
1. All final administrative
decisions of the Department are | ||
subject to judicial review pursuant to the
Administrative |
Review Law and all rules adopted pursuant thereto. The term
| ||
"Administrative decision" is defined as in Section 3-101 of the | ||
Code of
Civil Procedure.
| ||
2. 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 Illinois, | ||
the venue shall be in Sangamon County.
| ||
(Source: P.A. 85-967 .)
| ||
(225 ILCS 20/34) (from Ch. 111, par. 6384)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 34. Certification of record; costs. The Department
| ||
shall not be required to certify any record to the court,
to | ||
file an answer in court or to 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 a receipt in court shall be | ||
grounds for dismissal of the
action.
| ||
(Source: P.A. 87-1031 .)
| ||
(225 ILCS 20/36) (from Ch. 111, par. 6386)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 36. Illinois Administrative Procedure Act. The |
Illinois Administrative Procedure
Act is hereby expressly | ||
adopted and incorporated herein as if all of the
provisions of | ||
that Act were included in this Act, except that the provision | ||
of
subsection (d) of Section 10-65 of the Illinois | ||
Administrative Procedure Act
that provides that at hearings the | ||
licensee has the right to show compliance
with all lawful | ||
requirements for retention, continuation or renewal of the
| ||
license 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.
| ||
(Source: P.A. 88-45 .)
| ||
(225 ILCS 20/37) (from Ch. 111, par. 6387)
| ||
(Section scheduled to be repealed on January 1, 2018)
| ||
Sec. 37. Home rule Public policy . It is declared to be the | ||
public policy of this
State, pursuant to paragraphs (h) and (i) | ||
of Section 6 of Article VII of
the Illinois Constitution of | ||
1970, that any power or function set forth in
this Act to be | ||
exercised by the State is an exclusive State power or
function. | ||
Such power or function shall not be exercised concurrently,
| ||
either directly or indirectly, by any unit of local government, | ||
including
home rule units, except as otherwise provided in this | ||
Act.
| ||
(Source: P.A. 85-967 .)
|
(225 ILCS 20/27 rep.)
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Section 15. The Clinical Social Work and Social Work | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Practice Act is amended by repealing Section 27.
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Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
becoming law.
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