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Public Act 102-0785


 

Public Act 0785 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0785
 
HB4797 EnrolledLRB102 25226 AMQ 34498 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 4 as follows:
 
    (225 ILCS 20/4)  (from Ch. 111, par. 6354)
    (Section scheduled to be repealed on January 1, 2028)
    Sec. 4. Exemptions.
    1. This Act does not prohibit any of the following:
        (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 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.
        (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.
        (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.
        (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.
        (e) A person, who is not a resident of this State, from
    performing social work via telehealth in this State for a
    nonresident of this State for not more than 5 days in any
    one month or more than 15 days in any one calendar year,
    had a previous established therapeutic relationship with
    the nonresident, and the person is authorized to perform
    such services under the laws of the state or country in
    which the person resides.
        (f) A person, who is not a resident of this State, from
    performing social work via telehealth in this State for a
    nonresident of this State currently attending a university
    or college in this State, had a previous established
    therapeutic relationship with the nonresident, and the
    person is authorized to perform such services under the
    laws of the state or country in which the person resides.
    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.
    3. This Act does not prohibit a person serving as a
volunteer so long as no representation prohibited by this
Section is made.
    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.
(Source: P.A. 100-414, eff. 8-25-17.)

Effective Date: 1/1/2023