Section 1470.5  Grandfather Provisions (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 2370, effective January 28, 1994)

 

Section 1470.7  Temporary License (Repealed)

 

(Source:  Repealed at 18 Ill. Reg. 2370, effective January 28, 1994)

 

Section 1470.10  Application for Licensure

 

Each applicant seeking original licensure under Section 7 of the Act shall file an application, with the Department of Financial and Professional Regulation-Division of Professional Regulation (Division), on forms provided by the Division.  The application shall include:

 

a)         for a Licensed Clinical Social Worker:

 

1)         either:

 

A)        certification of graduation from a master's degree program in social work approved by the Division in accordance with Section 1470.30 and verification of completion of 3000 hours of satisfactory supervised clinical professional experience as set forth in Section 1470.20; or

 

B)        certification of graduation from a doctorate degree program in social work approved by the Division in accordance with Section 1470.30 and verification of completion of 2000 hours of satisfactory supervised clinical professional experience as set forth in Section 1470.20;

 

2)         proof of successful completion of the examination set forth in Section 1470.70 (The examination scores shall be submitted to the Division directly from the reporting entity.);

 

3)         the required fee set forth in Section 1470.55.

 

b)         for a Licensed Social Worker:

 

1)         either:

 

A)        certification of graduation from a master's degree program of social work approved by the Division in accordance with Section 1470.30; or

 

B)        certification of graduation from a baccalaureate degree program of social work approved by the Division in accordance with Section 1470.30 and verification of completion of 3 years of supervised professional experience in accordance with Section 1470.20;

 

2)         proof of successful completion of the examination set forth in Section 1470.70 (The examination scores shall be submitted to the Division directly from the reporting entity.);

 

3)         the required fee set forth in Section 1470.55.

 

c)         Individuals applying for a Licensed Social Worker license who have successfully completed the Masters Association of  Social Work Boards (ASWB) examination subsequent to October 1986 shall not be required to retake the Masters ASWB examination to be eligible for licensure.

 

           

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.20  Professional Experience

 

a)         Persons applying for licensure as a Licensed Clinical Social Worker shall be required to complete supervised professional experience pursuant to Section 9 of the Act and this Part.

 

1)         Persons holding a master's degree in social work shall have completed 3000 hours of satisfactory, supervised clinical professional experience subsequent to the receipt of the degree;

 

2)         Persons holding a doctorate degree in social work shall have completed 2000 hours of satisfactory, supervised clinical professional experience subsequent to the receipt of the degree;

 

3)         The required number of hours may have been obtained in the following manner:

 

A)        for full-time experience, a minimum of 30 hours per week but not more than 40 hours per week.

 

B)        for part-time experience, a minimum of 15 hours per week but not more than 29 hours per week.

 

4)         Supervised experience shall be experience directly related to clinical social work practice as defined in Section 3(5) of the Act:

 

A)        The supervisor shall have met with the applicant an average of at least 4 hours each monthto discuss client cases and treatment procedures.

 

B)        Until December 31, 1994, the supervisor shall have been a certified social worker registered under the Social Workers Registration Act with clinical experience, a Licensed Clinical Social Worker, a diplomate in clinical social work, a designated member of the Academy of Certified Social Workers (ACSW), a Board certified psychiatrist, a licensed clinical psychologist, a supervisor from another state who is a clinical professional credentialed at the highest level required by that state or other appropriate clinical supervisor as approved by the Social Work Examining and Disciplinary Board (the "Board").  In determining other appropriate supervisor, the Board shall consider, but not be limited to, the following:  unavailability of a person licensed under the Act, the setting in which the supervision took place, and the credentials and job responsibilities of the supervisor.

 

C)        After January 1, 1995, only experience supervised by a Licensed Clinical Social Worker will be acceptable to meet the professional experience requirement.  If supervision was in another jurisdiction in which clinical social workers are not licensed, the supervisor shall have been engaged in clinical social work and be credentialed at the highest level required by that jurisdiction.

 

D)        The experience shall have been evaluated by the supervisor as satisfactory.

 

E)        An applicant may contract with a Licensed Clinical Social Worker to provide supervision.

 

F)         Supervision may be provided within an agency of employment or outside the agency.

 

G)        Supervision may be paid or unpaid.

 

H)        Supervision may be on an individual or group basis.  When group supervision is provided the number of supervisees may not exceed five.

 

b)         Persons applying as a Licensed Social Worker who have a baccalaureate degree in social work shall complete 3 years of supervised professional experience subsequent to obtaining the baccalaureate degree. For purposes of this subsection, supervised professional experience is that experience directly related to social work as defined in Section 3(9) of the Act.  The experience shall be:

 

1)         obtained under the direct supervision of a certified social worker registered under the Social Workers Registration Act, Licensed Clinical Social Worker, Licensed Social Worker, diplomate in clinical social work, designated member of ACSW or other appropriate supervisor as approved by the Board.

 

2)         satisfactory as evaluated by the supervisor.  The supervisor shall have met with the individual an average of at least 4 hours each month.

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.30  Approved Colleges, Universities, and Graduate Schools of Social Work Programs

 

a)         Doctoral degrees shall be accredited by an accrediting agency recognized by the U.S. Department of Education.

 

b)         The Division has determined that all baccalaureate and master's degree programs in social work that are accredited by the Council on Social Work Education, Canadian Association of Schools of Social Work, and the Council on Social Work Education by the Foreign Equivalency Determination Service of the Council on Social Work Education, are approved.

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.40  Employer's Affidavit (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 13867, effective August 22, 1989)

 

Section 1470.50  Admission to Examination (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 13867, effective August 22, 1989)

 

Section 1470.55  Fees

 

The following fees shall be paid to the Department and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as a Licensed Clinical Social Worker or Licensed Social Worker is $50.   In addition, applicants for an examination shall be required to pay, either to the Department or to 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 for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

2)         The application fee for a license as a Licensed Clinical Social Worker or Licensed Social Worker who is certified or licensed under the laws of another jurisdiction is $200.

 

3)         The fee for application as a continuing education sponsor is $500. State agencies, State colleges and State universities in Illinois shall be exempt from this fee.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a license shall be calculated at the rate of $30 per year.

 

2)         The fee for renewal as a continuing education sponsor shall be calculated at the rate of $50 per year.

 

c)         General Fees

 

1)         The fee for the reinstatement of a license other than from inactive status that has been expired for less than 5 years is $50 plus payment of all lapsed renewal fees.

 

2)         The fee for the restoration of a license that has been expired for more than 5 years is $200.

 

3)         The fee for the issuance of a duplicate license, for the issuance of a replacement license, for a license that has been lost or destroyed or for 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 Division records when no duplicate license is issued.

 

4)         The fee for a certification of a licensee's record for any purpose is $20.

 

5)         The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fee charged by the testing service.

 

6)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

7)         The fee for a roster of persons licensed as Licensed Clinical Social Workers or Licensed Social Workers in this State shall be the actual cost of producing the roster.

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.60  Endorsement

 

a)         Each applicant seeking licensure under Section 15 of the Act shall file an application, with the Division, on forms provided by the Division.  The application shall include:

 

1)         for a Licensed Clinical Social Worker:

 

A)        either:

 

i)          certification of graduation from a master's degree program in social work approved by the Division in accordance with Section 1470.30 and verification of completion of 3000 hours of satisfactory supervised clinical professional experience subsequent to receipt of degree as set forth in Section 1470.20; or

 

ii)         certification of graduation from a doctorate degree program in social work approved by the Division in accordance with Section 1470.30 and verification of completion of 2000 hours of satisfactory supervised clinical professional experience subsequent to receipt of degree as set forth in Section 1470.20;

 

B)        successful completion of the ASWB examination set forth in Section 1470.70;

 

C)        the required fee set forth in Section 1470.55.

 

2)         for a Licensed Social Worker:

 

A)        either:

 

i)          certification of graduation from a master's degree program of social work approved by the Division in accordance with Section 1470.30; or

 

ii)         certification of graduation from a baccalaureate degree program of social work approved by the Division in accordance with Section 1470.30 and verification of completion of 3 years of supervised professional experience subsequent to receipt of degree in accordance with Section 1470.20;

 

B)        a complete work history since receipt of baccalaureate or master's degree education;

 

C)        the required fee set forth in Section 1470.55.

 

b)         The Division, upon recommendation of the Board, shall issue a license if a review of the application indicates that the application meets the requirements set forth in subsection (a)(1) or (2).

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.70  Examinations

 

The examinations for Licensed Clinical Social Worker and Licensed Social Worker shall be the Association of Social Work Boards (ASWB) examinations.

 

a)         An applicant for licensure as a licensed social worker will be required to take and pass the Masters ASWB examination.

 

b)         An applicant for licensure as a licensed clinical social worker will be required to take and pass the Clinical ASWB examination.

 

(Source:  Amended at 28 Ill. Reg. 16467, effective December 8, 2004)

 

Section 1470.80  Restoration

 

a)         A licensee seeking restoration of a license (Licensed Clinical Social Worker or Licensed Social Worker) which has been on inactive status for 5 years or less shall have the license restored by making application to the Division and by paying the current renewal fee set forth in Section 1470.55 of this Part.  A licensee seeking restoration of a license shall be required to submit proof of 30 hours of continuing education in accordance with Section 1470.95.  These CE hours shall be earned within the 2 years immediately preceding the restoration of the license.

 

b)         A licensee seeking restoration of a license (Licensed Clinical Social Worker or Licensed Social Worker) which has been expired for 5 years or less shall have the license restored by making application to the Division and paying $20 plus all lapsed renewal fees pursuant to Section 1470.55 of this Part.  A licensee seeking restoration of a license shall be required to submit proof of 30 hours of continuing education in accordance with Section 1470.95.  These CE hours shall be earned within the 2 years immediately preceding the restoration of the license.

 

c)         A licensee seeking restoration of a license (Licensed Clinical Social Worker or Licensed Social Worker) after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, along with proof of  30 hours of continuing education in accordance with Section 1470.95 completed within the 2 years immediately preceding application for restoration, together with:

 

1)         Either:

 

A)        Sworn evidence of active practice in another jurisdiction.  Such evidence shall include a statement from the appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of the active practice; or

 

B)        An affidavit attesting to military service as provided in Section 11 of the Act.  If application is made within two years after discharge and if all other provisions of Section 11 of the Act are satisfied, the licensee will not be required to pay a restoration fee or any lapsed renewal fees; or

 

C)        Proof of passage of the examination described in Section 1470.70 of this Part within the twelve months preceding application; and

 

2)         The required fees pursuant to Section 1470.55 of this Part.

 

d)         When the accuracy of any submitted documentation or the relevance or sufficiency of the course work or experience is questioned by the Division because of discrepancies or conflicts in information, information needing further clarification, and/or missing information, the licensee seeking restoration of his/her license (Licensed Clinical Social Worker or Licensed Social Worker) will be required to:

 

1)         provide such information as may be necessary; and/or

 

2)         appear for an interview before the Board to explain such relevance or sufficiency, clarify information given or clear up any discrepancies in information.

 

(Source:  Amended at 28 Ill. Reg. 16467, effective December 8, 2004)

 

Section 1470.90  Renewals

 

a)         Every license issued under the Act shall expire on November 30 of each odd-numbered year.  The holder of a license may renew that license during the month preceding the expiration date of the license by paying the required fee set forth in Section 1470.55 and complying with the continuing education requirements set forth in Section 1470.95.

 

b)         It is the responsibility of each licensee to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee or to renew one's license.

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.95  Continuing Education

 

a)         Continuing Education Hours Requirements

 

1)         Every licensee who applies for renewal of a license as a Licensed Social Worker or Licensed Clinical Social Worker shall complete 30 hours of continuing education (CE) relevant to the practice of social work or clinical social work.  At least 3 of the 30 hours must include content related to the ethical practice of social work and at least 3 of the 30 hours must include content related to cultural competence in the practice of social work.

 

2)         A prerenewal period is the 24 months preceding November 30 of each odd-numbered year.

 

3)         CE requirements shall be the same for Licensed Social Workers and Licensed Clinical Social Workers.

 

4)         One CE hour shall equal one clock hour.

 

5)         Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded.

 

6)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

7)         Social workers or clinical social workers licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

b)         Approved Continuing Education (CE)

 

1)         CE hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in an in-person program or course ("program") that is offered or sponsored by an approved CE sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2), (3) and (4).

 

2)         CE credit also may be earned by verified completion (e.g., certificate of attendance or certificate of completion) of a remote program (e.g., self-study, book-study, or computer/online based course) that is offered by an approved sponsor who meets the requirements set forth in subsection (c).  Each remote course shall include an examination.

 

3)         CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of social work related courses that are a part of the curriculum of a college, university or graduate school of social work.

 

4)         CE credit may be earned for verified teaching in a college, university or graduate school of social work approved in accordance with Section 1470.30 and/or as an instructor of CE programs given by approved sponsors.  Credit will be applied at the rate of 1.5 hours for every hour taught and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations of the same program).

 

5)         CE credit may be earned for authoring papers, publications or books and for preparing presentations and exhibits.  The preparation of each published paper, book chapter or presentation dealing with social work or clinical social work may be claimed as 5 hours of credit.  A presentation must be before a professional audience.  Five credit hours may be claimed for only the first time the information is published or presented.

 

c)         Approved CE Sponsors and Programs

 

1)         Approved sponsor, as used in this Section, shall mean:

 

A)        The National Association of Social Workers (NASW) and its affiliates;

 

B)        The Association of Social Work Boards (ASWB) and its affiliates;

 

C)        American Association for Marriage and Family Therapy or its affiliates;

 

D)        Employers licensed under the Hospital Licensing Act [210 ILCS 85];

 

E)        Professional Counseling Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act [225 ILCS 107] (68 Ill. Adm. Code 1375.220);

 

F)         Clinical Psychologist Continuing Education Sponsors approved by the Division in accordance with the rules for the administration of the Clinical Psychologist Licensing Act [225 ILCS 15] (68 Ill. Adm. Code 1400.85);

 

G)        Any other regionally accredited school, college or university, community college or State agency that provides CE in a form and manner consistent with this Section; or

 

H)        Any other person, firm, association, corporation or other group that has been approved and authorized by the Division pursuant to subsection (c)(2) upon recommendation of the Board to coordinate and present continuing education courses or programs.

 

2)         Entities seeking approval as CE sponsors pursuant to subsection (c)(1)(C) shall file an application, on forms supplied by the Division, along with the application fee specified in Section 1470.55.  The applicant shall certify on the application the following:

 

A)        That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section.  A sponsor shall be required to submit a CE program with course materials for review prior to being approved as a CE sponsor;

 

B)        That the sponsor will be responsible for verifying attendance at or completion of each program and provide a certificate of attendance or completion as set forth in subsection (c)(9);

 

C)        That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or completion or course materials) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the license in the practice of social work or clinical social work;

 

B)        Foster the enhancement of general or specialized social work or clinical social work practice and values;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content and teaching methods to be used; and

 

E)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

4)         Each CE program shall provide a mechanism for evaluation of the program by the participants.  The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or email.  The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         An approved sponsor may subcontract with individuals and organizations to provide approved programs.

 

6)         All programs given by approved sponsors shall be open to all Licensed Social Workers and Licensed Clinical Social Workers and not be limited to members of a single organization or group.

 

7)         Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

 

8)         To maintain approval as a sponsor, each sponsor shall submit to the Division, by November 30 of each odd-numbered year, a renewal application, the renewal fee specified in Section 1470.55 and a list of courses and programs offered within the last 24 months.  The list shall include a brief description, location, date and time of each course given.

 

9)         It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or completion.  The sponsor's certificate shall contain:

 

A)        The name, address and license number of the sponsor;

 

B)        The name and address of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

10)         The sponsor shall maintain attendance records for not less than 5 years.

 

11)         The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending or completing the program.

 

12)         Upon the failure of a sponsor to comply with any of the foregoing requirements, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until the Division receives assurances of compliance with this Section.

 

13)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance or certificate of completion).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a licensee has earned CE hours offered in another state or territory not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an out-of-state continuing education approval form, along with a $25 processing fee, prior to participation in the program or at least 90 days prior to expiration of the license.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

2)         If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval form with the $25 processing fee, plus a $10 per hour late fee, not to exceed $150.  The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

f)         Restoration of Nonrenewed License.  Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the license upon payment of the required fee as provided in Section 1470.55.

 

g)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 1470.55, a statement setting forth the facts concerning non-compliance and request for waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

A)        Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;

 

B)        An incapacitating illness documented by a statement from a currently licensed physician, advanced practice nurse or physician assistant; or

 

C)        Any other extenuating circumstances.

 

3)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 47 Ill. Reg. 12077, effective July 26, 2023)

 

Section 1470.96  Unethical, Unauthorized and Unprofessional Conduct

 

a)         The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its finding of "unethical, unauthorized, or unprofessional conduct" within the meaning of Section 19 of the Act, which is interpreted to include, but is not limited to, the following acts or practices:

 

1)         Practicing or offering to practice beyond one's competency (for example, providing services and techniques for which one is not qualified by education, training and experience);

 

2)         Revealing facts, data or information relating to a client or examinee, except as allowed under Section 16 of the Act or under the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110].  The release of information "with the consent of the client" as provided for in Section 16 of the Act is interpreted to mean that the social worker, prior to the release of the information, obtained written consent and made certain that the client understood the possible uses or distributions of the information.  Case history material may be used for teaching or research purposes or in textbooks or other literature, provided that proper precautions are taken to conceal the identity of the client(s) or examinee(s) involved;

 

3)         Making gross or deliberate misrepresentations or misleading claims as to his/her professional qualifications or of the efficacy or value of his/her treatments or remedies, or those of another practitioner;

 

4)         Failing to inform prospective research subjects or their authorized representative fully of potential serious after effects of the research or failing to remove the after effects as soon as the design of the research permits;

 

5)         Refusing to divulge to the Division techniques or procedures used in his/her professional activities upon request;

 

6)         Directly or indirectly giving to or receiving from any person, firm or corporation any fee, commission, rebate or other form of compensation for any professional services not actually rendered.  Social workers shall not participate in illegal fee-splitting arrangements, nor shall they give or accept kickbacks for referrals.  However, it is not unethical for social workers to utilize referral services for which a fee is charged, nor to participate in contractual arrangements under which they agree to discount fees;

 

7)         Impersonating another person holding a clinical social work or social work license or allowing another person to use his/her license;

 

8)         The commission of any dishonest, corrupt or fraudulent act that is substantially related to the functions or duties of a social worker providing services or supervising services;

 

9)         The commission of any act of sexual misconduct, sexual abuse or sexual relations with one's client, patient, student supervisee or with an ex-client within 24 months after termination of treatment;

 

10)         Entering a treatment relationship in which professional judgment may be compromised by prior association with or knowledge of a client;

 

11)         Permitting an intern or trainee under the social worker's  supervision to perform, or to pretend to be competent to perform, professional services beyond the trainee's or intern's level of training.  Disclosure of the intern's status and the name of the supervisor is required;

 

12)        Submission of fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors;

 

13)        Failing to  disclose conflicts of interests, dual relationships between social worker and clients,  and/or obligations associated with service that might affect the client's decision to enter into or continue the relationship;

 

14)         Discriminating  based on race, gender, religion, national origin, political affiliation, social or economic status, choice of lifestyle or sexual orientation;

 

15)         Knowingly providing services to a client when the social worker's objectivity or effectiveness is impaired.  A social worker who becomes impaired and unable to function according to the standards of practice may be subject to disciplinary action if an active practice continues.  Causes of impairment may include, but are not limited to, the abuse of mood altering chemicals and physical or mental problems;

 

16)        Failing to insure that all records and written data are stored using security measures that prevent access to records by  unauthorized persons. Social workers are responsible for insuring that the content and disposition of all records are in compliance with all relevant State laws and rules.

 

b)         The Division hereby incorporates by reference:

 

1)         the "Code of Ethics of the National Association of  Social Workers", National Association of Social Workers, 750 First Street NE, Suite 700, Washington, D.C. 20002-4241, July 1, 1999, with no later amendments or editions;

 

2)         the "Code of Ethics", Clinical Social Work Federation, P.O. Box 3740, Arlington, Virginia  22203, 1997, with no later amendments or editions.

 

(Source:  Amended at 28 Ill. Reg. 16467, effective December 8, 2004)

 

Section 1470.97  Independent Practice of Clinical Social Work

 

a)         Licensed Social Workers may not engage in the independent practice of clinical social work without a clinical social worker license. Independent practice of clinical social work means providing the services of or engaging in the practice of clinical social work, as defined in Section 3(5) of the Act, by an individual who regulates and is responsible for her or his own practice or treatment procedures.

 

b)         Licensed Social Workers may provide clinical social work services as set forth in Section 3(5).  When engaging in or providing clinical social work services as set forth in Section 3(5), an LSW may only do so 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 [405 ILCS 5] and shall not regulate or be responsible for his/her own practice or treatment procedures.

 

c)         When providing clinical social work services as set forth in Section 3(5) of the Act (in the independent practice of clinical social work), a Licensed Social Worker shall always operate and represent himself/herself as an employee of the independent practice and may not work as an independent contractor as defined by Internal Revenue Service regulations.

 

d)         An LSW shall not, without a license as a clinical social worker issued by the Division:

 

1)         in any manner hold himself or herself out to the public as a clinical social worker or Licensed Clinical Social Worker under the Act;

 

2)         use the title "clinical social worker" or "Licensed Clinical Social Worker"; or

 

3)         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 offering to render or rendering the services or to describe the services rendered or offered to be rendered.  (Section 10 of the Act)

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)

 

Section 1470.100  Granting Variances

 

a)         The Director of the Division of Professional Regulation (Director) with the authority delegated by the Secretary may grant variances from this Part in individual cases in which he or she finds that:

 

1)         the provision from which the variance is granted is not statutorily mandated;

 

2)         no party will be injured by the granting of the variance; and

 

3)         the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director shall notify the Board of the granting of a variance, and the reasons for granting the variance, at the next meeting of the Board.

 

(Source:  Amended at 37 Ill. Reg. 15904, effective October 11, 2013)