Public Act 90-0150 of the 90th General Assembly
Public Act 90-0150
HB0427 Enrolled LRB9002551DPcc
AN ACT to extend the Social Work Examining and
Disciplinary Board, concerning the practice of social work,
and amending named Acts.
Be it enacted by the People of the State of Illinois,
Section 5. The Regulatory Agency Sunset Act is amended
by changing Section 4.9 and adding Section 4.18 as follows:
(5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
(Text of Section before amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Medical Practice Act of 1987.
The Illinois Optometric Practice Act of 1987.
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Clinical Psychologist Licensing Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-706, eff. 1-31-97.)
(Text of Section after amendment by P.A. 89-702)
Sec. 4.9. The following Acts are repealed December 31,
1997:
The Podiatric Medical Practice Act of 1987.
The Nursing Home Administrators Licensing and
Disciplinary Act.
The Physician Assistant Practice Act of 1987.
The Illinois Nursing Act of 1987.
The Clinical Social Work and Social Work Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Marriage and Family Therapy Licensing Act.
(Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
revised 2-7-97.)
(5 ILCS 80/4.18 new)
Sec. 4.18. Act repealed on January 1, 2008. The
following Act is repealed on January 1, 2008:
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 6, 7, 8, 9, 9A,
10, 10.5, 11, 13, 19, 22, 27, 28, and 31 and by adding
Section 12.5 as follows:
(225 ILCS 20/6) (from Ch. 111, par. 6356)
Sec. 6. Social Work Examining and Disciplinary Board.
(1) 1. The Director shall appoint a Social Work
Examining and Disciplinary Board consisting of 9 persons who
shall serve in an advisory capacity to the Director. The
Board shall be composed of 5 licensed clinical social
workers, 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, two licensed social workers, and 2 members of
the public who are not regulated under this Act or a similar
Act and who clearly represent consumer interests.
(2) 2. Members shall serve for a term of 4 years and
until their successors are appointed and qualified, except
for the initial appointments by which 1 member shall be
appointed for 1 year, 1 shall be appointed to serve 2 years,
1 shall be appointed to serve 3 years and the remainder to
serve for 4 years, and until their successors are appointed
and qualified. No member shall be reappointed if such
reappointment would cause that person's service on the 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. Initial
terms shall begin upon the effective date of this Act. The
Board members added by this amendatory Act of 1991 shall be
appointed as soon as possible after the effective date of
this amendatory Act of 1991 and shall be appointed to a term
of 4 years.
(3) 3. The membership of the Board should reasonably
reflect representation from different geographic areas of
Illinois.
(4) 4. The Director may terminate the appointment of any
member for cause set forth in writing which, in the opinion
of the Director, justifies such termination.
(5) 5. The Director shall consider the recommendation of
the Board on all matters and questions relating to this Act.
(6) 6. The Board is charged with the duties and
responsibilities of recommending to the Director 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 Director and the
Department to carry out the provisions of this Act.
(7) 7. The Board shall 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.
(8) The Board shall annually elect one of its members as
chairperson and one as vice chairperson.
(9) Members of the Board shall be reimbursed for all
authorized legitimate and necessary expenses incurred in
attending the meetings of the Board.
(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.
(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.
(Source: P.A. 87-576.)
(225 ILCS 20/7) (from Ch. 111, par. 6357)
Sec. 7. Applications for original license. Applications
for original licenses shall be made to the Department on
forms prescribed by the Department and accompanied by the
required fee which shall not be refundable. 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 to practice as
a licensed clinical social worker, or to pass on the
qualifications as a licensed social worker.
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 impairment.
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. 85-1131.)
(225 ILCS 20/8) (from Ch. 111, par. 6358)
Sec. 8. Examination - Failure or refusal to take
examination.
(1) 1. The Department shall authorize examinations of
applicants at such times and places as it may determine.
Each examination shall be of a character to fairly test the
competence and qualifications of the applicants to practice
as a licensed clinical social worker or as a licensed social
worker.
(2) 2. Applicants for examination shall pay, either to
the Department or to the designated testing service, a fee
covering the cost of determining the applicant's eligibility
and of providing the examination. Failure to appear for the
examination on the scheduled date at the time and place
specified after the applicant's application for examination
has been received and acknowledged by the Department or the
designated testing service shall result in forfeiture of the
examination fee.
(3) (Blank) 3. If an applicant neglects, fails or
refuses to take an examination or fails to pass an
examination for a license under this Act within 3 years after
filing an application, the application will be denied.
However, such applicant may thereafter make a new application
accompanied by the required fee. The applicant shall meet
any requirements in effect at the time of the new
application. In the event an applicant has passed part of an
examination administered during the 3 year period, but has
failed to pass the examination in its entirety, said
individual's partial scores shall be void, and he shall be
required to retake all portions of the examination within a
successive 3 year period.
(4) 4. The Department may employ consultants for the
purpose of preparing and conducting examinations.
(5) 5. An applicant has one year from the date of
notification of successful completion of the examination to
apply to the Department for a license. If an applicant fails
to apply within one year, the examination scores shall be
void and the applicant shall be required to take and pass the
examination again unless licensed in another jurisdiction of
the United States within one year of passing the examination.
(Source: P.A. 86-615.)
(225 ILCS 20/9) (from Ch. 111, par. 6359)
Sec. 9. Qualification for License. A person shall be
qualified to be licensed as a clinical social worker and the
Department shall issue a license authorizing the independent
practice of clinical social work to an applicant who:
(1) 1. has applied in writing on the prescribed form;
(2) 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 Any
felony conviction of the applicant or any convictions
involving those matters set forth in Section 20 shall be
considered in a determination of moral character, but such a
conviction shall not operate as a bar to registration for
examinations;
(3)(A) 3. (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
satisfactory, supervised clinical professional
experience; or
(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 clinical professional experience subsequent to
the degree;
(4) 4. has passed the examination for the practice of
clinical social work as authorized by the Department; and
(5) 5. has paid the required fees required by this Act.
(Source: P.A. 85-967.)
(225 ILCS 20/9A) (from Ch. 111, par. 6359A)
Sec. 9A. Qualifications for license as licensed social
worker. A person shall be qualified to be licensed as a
licensed social worker and the Department shall issue a
license authorizing the practice of social work to an
applicant who:
(1) 1. has applied in writing on the prescribed form;
(2) 2. is of good moral character, as defined in
subsection (2) of Section 9;
(3) 3. (a) has a degree from a graduate program of
social work approved by the Department; or
(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.
(4) 4. has passed the examination for the practice of
social work as a licensed social worker as authorized by the
Department; and
(5) 5. has paid the required fees required by this Act.
(Source: P.A. 85-1131.)
(225 ILCS 20/10) (from Ch. 111, par. 6360)
Sec. 10. License restrictions and limitations.
(a) No person shall, without a 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 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, or a psychiatrist, as defined in Section 1-121
of the Mental Health and Developmental Disabilities Code.
(d) No association or partnership shall be granted a
license unless every member, partner, and employee of the
association or partnership, who practices social work or
clinical social work, or who renders social work or clinical
social work services, holds a current license issued under
this Act. No license shall be issued to a corporation, the
stated purpose of which includes or that practices or holds
itself out as available to practice social work or clinical
social work unless it is organized under the Professional
Service Corporation Act. 1. To safeguard the welfare, health
and safety of the people of Illinois, no person may present
or represent herself or himself as a clinical social worker
or licensed clinical social worker by title, except as
authorized by Section 9 and except as stated in Section 4 of
this Act.
2. To safeguard the welfare, health and safety of the
people of Illinois, no person may present or represent
herself or himself as a social worker or a licensed social
worker, except as authorized by Section 9A and except as
stated in Section 4 of this Act. Licensed social workers may
not engage in the practice of clinical social work, social
casework or social group work in private practice or as a
participant in a private group practice without a clinical
social work license.
(Source: P.A. 87-314; 87-1158.)
(225 ILCS 20/10.5)
Sec. 10.5. 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 clinical social worker or social worker without
being licensed or exempt 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 $5,000 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 actual, alleged,
or suspected 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. 88-620, eff. 1-1-95.)
(225 ILCS 20/11) (from Ch. 111, par. 6361)
Sec. 11. Licenses.
(a) A license shall be issued for a 2 year period;
however the expiration date for licenses issued under this
Act shall be set by rule. The licensee may renew a license
during the 30-day period preceding the expiration date by
paying the required fee and by demonstrating compliance with
any continuing education requirements. Proof of having met
the minimum requirements of continuing education, as
determined by rule, shall be required for all license
renewals. Pursuant to rule, the continuing education
requirements may, upon petition to the Board, be waived in
whole or in part for licensed social workers or licensed
clinical social workers who can demonstrate their service in
the Coast Guard or Armed Forces during the period in
question, an extreme hardship, or that the license was
obtained by examination or endorsement within the preceding
renewal period. The Department shall establish, by rule, a
means for the verification of completion of the continuing
education required by this Section. This verification may be
accomplished by audits of records maintained by licensees, by
requiring the filing of continuing education records with the
Department or an organization selected by the Department to
maintain these records, or by other means established by the
Department.
(b) Any person who has permitted a license to expire or
who has a license on inactive status may have it restored by
making an application to the Department and filing proof of
fitness to have the license restored, including, if
appropriate, evidence, which is satisfactory to the
Department, certifying the active practice of clinical social
work or social work in another jurisdiction and by paying the
required fee.
If the person has not maintained an active practice in
another jurisdiction which is satisfactory to the Department,
the Department shall determine, by an evaluation program
recommended by the Board and established by rule, the
person's fitness to resume active status and the Department
may require the person to pass an examination. The
Department, with the recommendation of the Board, may also
require the person to complete a specific period of evaluated
clinical social work or social work experience.
However, any person whose license expired while on active
duty with the armed forces of the United States, while called
into service or training with the State Militia or in
training or education under the supervision of the United
States government prior to induction into the military
service may have his or her license restored without paying
any renewal fees if, within 2 years after the honorable
termination of that service, training or education, except
under conditions other than honorable, the Department is
furnished with satisfactory evidence that the person has been
so engaged and that the service, training or education has
been so terminated.
(c) Any person who notifies the Department, in writing
on forms prescribed by the Department, may place his license
on inactive status and shall be excused from the payment of
renewal fees until the person notifies the Department in
writing of his intention to resume active practice.
Any person requesting that his 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.
(d) Any licensed clinical social worker or licensed
social worker whose license is on inactive status shall not
engage in the independent practice of clinical social work or
in the practice of social work in the State of Illinois. If
an individual engages in the independent practice of clinical
social work or in the practice of social work while on
inactive status, that individual is considered to be
practicing without a license and is subject to the
disciplinary provisions of this Act.
(e) (Blank) A license to practice shall not be denied
any applicant because of the applicant's race, religion,
creed, national origin, political beliefs or activities, age,
sex, sexual orientation or physical impairment.
(f) (Blank) The Department 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.
(g) The Department shall indicate on each license the
academic degree of the licensee.
(Source: P.A. 87-237; 88-620, eff. 1-1-95.)
(225 ILCS 20/12.5 new)
Sec. 12.5. Endorsement. The Department may issue a
license as a clinical social worker or as a social worker,
without the required examination, to an applicant licensed
under the laws of another jurisdiction if the requirements
for licensure in that jurisdiction are, on the date of
licensure, substantially equivalent to the requirements of
this Act or to any person who, at the time of his or her
licensure, possessed individual qualifications that were
substantially equivalent to the requirements then in force in
this State. An applicant under this Section shall pay the
required fees.
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.
(225 ILCS 20/13) (from Ch. 111, par. 6363)
Sec. 13. Fees.
(a) Except as provided in subsection (b), the fees for
the administration and enforcement of this Act, including but
not limited to fees for original licensure, renewal, and
restoration, shall be set by rule. The fees shall not be
refundable.
(b) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of initial screening to determine
eligibility and providing the examination. Failure to appear
for the examination on the scheduled date at the time and
place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee. The fees imposed under
this Act are as follows and are not refundable:
(1) The fee for application for a license or temporary
license is $50.
(2) In addition to the application fee, applicants for
the examination shall be required to pay, either to the
Department or the designated testing service, a fee covering
the cost of determining an applicant's eligibility and
providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place
specified, after the applicant's application and fee for
examination have been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the fee.
(3) The fee for the renewal of a license shall be $60
per two-year renewal period.
(4) The fee for the reinstatement of a license which has
been expired for less than 5 years is $20, plus payment of
all unpaid fees for every year that has lapsed.
(5) The fee for the restoration of a license which has
been expired for more than 5 years is $200.
(6) The fee for the issuance of a duplicate license, the
issuance of a replacement license which has been lost or
destroyed or the issuance of a license with a change of name
or address, other than during the renewal period, is $20. No
fee is required for name and address changes on Department
records when no duplicate license is issued.
(7) The fee for the certification of a licensee's record
for any purpose is $20.
(8) The fee for the application for rescoring of an
examination shall be the cost to the Department of rescoring
the examination, plus any fees charged by the applicable
testing service to have the examination rescored.
(9) The fee for a wall license shall be the actual cost
of producing such license.
(10) The fee for a roster of licensed clinical social
workers or licensed social workers shall be the actual cost
of producing such a roster.
(11) The fee for application for a license as a licensed
clinical social worker or licensed social worker who is
registered or licensed under the laws of another jurisdiction
is $200.
(Source: P.A. 85-1131.)
(225 ILCS 20/19) (from Ch. 111, par. 6369)
Sec. 19. Grounds for disciplinary action. Grounds to
suspend, revoke, or refuse to issue a license.
(1) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
censure, reprimand, or take other disciplinary action deemed
appropriate by the Department, including the imposition of
fines not to exceed $1,000 for each violation, with regard to
any license issued under the provisions of this Act for any
one or a combination of the following reasons: The Department
may refuse to issue, renew, or may revoke a license, or may
suspend, place on probation, fine, censure or reprimand a
licensee for any of the following:
(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 any crime under the laws of the
United States or any state or territory thereof that
which is a felony or misdemeanor, of which an essential
element of which is dishonesty, or of any crime which is
directly related to the practice of the clinical social
work or social work professions;
(d) making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this
Act or any of the rules promulgated hereunder;
(e) professional incompetence;
(f) malpractice;
(g) aiding or assisting another person in violating
any provision or this Act or any rules;
(h) failing to provide information within 60 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 addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a clinical social worker's
or social worker's inability to practice with reasonable
judgment, skill, or safety intoxication or drug
addiction;
(k) discipline by another jurisdiction, if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(1) 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;
(m) a finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation;
(n) abandonment, without cause, of a client;
(o) wilfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with Federal or State agencies or
departments;
(p) 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 an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act;
(r) physical or mental disability, including
deterioration through the aging process, or loss of
abilities and skills which 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.
(2) 2. (Blank) Any fines imposed under this Section
shall not exceed $1,000 for each violation.
(3) 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 Director that the licensee be allowed to resume
professional practice.
(4) The Department may refuse to issue or may suspend
the license of a 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 Department of Revenue, until
the requirements of the tax Act are satisfied.
(5) In enforcing this Section, the Board upon a showing
of a possible violation may compel a person licensed to
practice under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician to present
testimony concerning this mental or physical examination of
the licensee or applicant. No information shall be excluded
by reason of any common law or statutory privilege relating
to communications between the licensee or applicant and the
examining physician. 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.
Failure of any person to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of 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.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board, as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice; or, in lieu of care,
counseling or treatment, 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
Director for a determination as to whether the person shall
have his or her license suspended immediately, pending a
hearing by the Board.
In instances in which the Director immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Board within 15 days
after the suspension and completed without appreciable delay.
The 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 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. 86-1434; 87-1207.)
(225 ILCS 20/22) (from Ch. 111, par. 6372)
Sec. 22. Record of 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 transcript of the record to
any person upon payment of the fee required under Section 60f
of the Civil Administrative Code of Illinois.
(Source: P.A. 85-967.)
(225 ILCS 20/27) (from Ch. 111, par. 6377)
Sec. 27. Director; rehearing. Whenever the Director
believes justice has not been done in the revocation,
suspension, or discipline of a license or refusal to issue or
renew a license, he or she may order a rehearing.
(Source: P.A. 85-967.)
(225 ILCS 20/28) (from Ch. 111, par. 6378)
Sec. 28. Appointment of a hearing officer. The Director
shall have the authority to appoint any attorney 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 Director shall
promptly notify the Board of any such appointment. The
hearing officer shall have full authority to conduct the
hearing. At least one member of the Board shall attend each
hearing. The hearing officer shall report his findings of
fact, conclusions of law and recommendations to the Board and
to the Director. The Board shall have at least 60 days after
from receipt of the report to review it and to present its
findings of fact, conclusions of law and recommendation to
the Director. If the Board does not present its report within
the 60 days period, the Director may shall issue an order
based on the report of the hearing officer. If the Director
disagrees with the recommendation of the Board or of the
hearing officer, he the Director may issue an order in
contravention of the Board's report thereof. The Director
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. 85-967.)
(225 ILCS 20/31) (from Ch. 111, par. 6381)
Sec. 31. Surrender of license. Upon the revocation and
suspension of 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. 85-967.)
(225 ILCS 20/8.1 rep.)
(225 ILCS 20/12 rep.)
(225 ILCS 20/15 rep.)
Section 15. The Clinical Social Work and Social Work
Practice Act is amended by repealing Sections 8.1, 12, and
15.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect
December 30, 1997.