103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5019

 

Introduced 2/8/2024, by Rep. Janet Yang Rohr

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 80/4.40
325 ILCS 5/4

    Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a license. Provides for civil and criminal penalties for violations of the Act. Creates provisions concerning formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act.


LRB103 36304 AWJ 66402 b

 

 

A BILL FOR

 

HB5019LRB103 36304 AWJ 66402 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Art
5Therapy Licensing and Practice Act.
 
6    Section 5. Declaration of public policy; purpose. The
7practice of art therapy is hereby declared to affect the
8public health, safety, and welfare and to be subject to
9regulation in the public interest. The purpose of this Act is
10to ensure the highest degree of professional conduct on the
11part of art therapists, to guarantee the availability of art
12therapy services provided by a qualified professional to
13persons in need of those services, and to protect the public
14from the practice of art therapy by unqualified individuals.
 
15    Section 10. Definitions. As used in this Act:
16    "Accredited educational institution" means a university or
17college accredited by the Commission on Accreditation of
18Allied Health Education Programs, another nationally
19recognized accrediting agency of institutions of higher
20education, or an institution and clinical program approved by
21the American Art Therapy Association.
22    "Address of record" means the designated address recorded

 

 

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1by the Department in the applicant's application file or the
2licensee's license file, as maintained by the Department's
3licensure maintenance unit.
4    "Advisory Board" means the Art Therapy Advisory Board.
5    "Art therapy" means the integrated use of psychotherapy,
6counseling, and evidence-based practices in combination with
7art therapy theory, including, but not limited to, specialized
8training in art media, the creative process, the
9neurobiological implications of art-making, and art-based
10assessment models to prevent and alleviate mental and
11emotional disorders and psychopathology. "Art therapy" also
12includes the use of the aforementioned practices and theories
13to promote optimal cognitive, mental, and emotional health
14through diagnosis and assessment, testing, treatment,
15evaluation, and rehabilitation in a professional relationship
16to assist individuals, couples, families, groups, and
17organizations to alleviate emotional disorders, to understand
18conscious and unconscious motivation, to resolve emotional,
19relationship, and attitudinal conflicts, and to modify
20behaviors that interfere with effective emotional, social,
21adaptive, and intellectual functioning.
22    "Art therapy treatment" includes the use of expressive
23arts media, creative techniques, nonverbal communication,
24psychotherapy, art-based assessment models, and the creative
25process in a therapeutic relationship between a licensed
26clinical professional art therapist and the therapist's

 

 

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1client. "Art therapy treatment" also includes:
2        (1) evaluation, assessment, and diagnosis to define
3    and implement individualized treatment plans and establish
4    treatment objectives to address developmental, behavioral,
5    cognitive, and emotional needs;
6        (2) therapeutic interventions to facilitate
7    alternative modes of receptive and expressive
8    communication that can circumvent the limitations of
9    verbal articulation;
10        (3) implementing an individualized treatment plan that
11    is consistent with any other developmental,
12    rehabilitative, habilitative, medical, mental health,
13    preventive, wellness care, or educational services being
14    provided to the client;
15        (4) planning, implementing, and evaluating an
16    individualized treatment plan using treatment
17    interventions that include psychotherapy or counseling
18    integrated with art therapy theory, the creative process,
19    or art media to facilitate human development and to
20    identify and remediate mental, emotional, or behavioral
21    disorders and associated distresses that interfere with
22    daily functioning;
23        (5) utilizing appropriate knowledge and specialized
24    training in art therapy theory, art media, the creative
25    process, the neurobiological implications of art-making,
26    psychotherapy and counseling principles and theory, and

 

 

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1    clinical decision-making skills to inform practice and
2    determine the appropriate course of action within the
3    clinician's scope of psychotherapeutic art therapy
4    practice, tailored to the context of each specific
5    clinical setting.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Face-to-face meeting" means a meeting that is live,
13interactive, and visual, including video meetings if the
14meeting is synchronous and involves verbal and visual
15interaction during supervision.
16    "Licensed associate art therapist" or "LAAT" means a
17person who has (i) completed a master's or doctoral degree
18program in art therapy, or an equivalent course of study from
19an accredited educational institution as outlined in Section
2060; (ii) satisfied the requirements for licensure set forth in
21Section 60; and (iii) been issued a license to practice art
22therapy under an approved qualified art therapy supervisor in
23accordance with rules of the Department.
24    "Licensed clinical professional art therapist" or "LCPAT"
25means a person who has (i) completed a master's or doctoral
26degree program in art therapy, or an equivalent course of

 

 

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1study, from an accredited educational institution; (ii) taken
2the Art Therapy Credentials Board exam or any licensing or
3credentialing exam deemed to be substantially equivalent by
4the Department; (iii) satisfied the requirements for licensure
5set forth in Section 60; and (iv) been issued a license for the
6independent practice of art therapy by the Department.
7    "Practice clinical professional art therapy" means to
8engage professionally as a primary provider, for compensation
9in art therapy, psychotherapy, art therapy treatment, and
10appraisal activities by providing services to promote optimal
11cognitive, mental, and emotional health through diagnosis and
12assessment, testing, treatment, evaluation, and rehabilitation
13and to prevent and alleviate mental and emotional disorders
14and psychopathology.
15    "Qualified art therapy supervisor" means an Art Therapy
16Certified Supervisor credentialed by the Art Therapy
17Credentials Board, a Registered Art Therapist or
18Board-Certified Registered Art Therapist certified by the Art
19Therapy Credentials Board, a licensed clinical professional
20art therapist, or another licensed mental health care provider
21approved by the Department and licensed in Illinois,
22including, but not limited to, licensed clinical social
23workers, licensed marriage and family therapists, or licensed
24clinical professional counselors.
25    "Secretary" means the Secretary of Financial and
26Professional Regulation or the Secretary's designee.

 

 

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1    "Supervision" means a formalized professional relationship
2between a qualified art therapy supervisor and supervisee in
3which the qualified art therapy supervisor directs, guides,
4monitors, instructs, and evaluates the supervisee's clinical
5professional art therapy practice while promoting the
6development of the supervisee's knowledge, skills, and
7abilities to provide clinical professional art therapy
8services in an ethical and competent manner. "Supervision"
9includes:
10        (1) an acceptance of direct responsibility for the
11    client services rendered by the supervisee via
12    face-to-face meetings with the person under supervision;
13        (2) the qualified art therapy experience is under the
14    order, control, and full professional responsibility of a
15    qualified art therapy supervisor who reviews aspects of
16    art therapy practice and case management in a face-to-face
17    meeting with the person;
18        (3) the qualified art therapy supervisor ensures that
19    the extent, kind, and quality of art therapy performed is
20    consistent with the education, training, and experience of
21    the person being supervised;
22        (4) reviewing client or patient records, monitoring
23    and evaluating assessment, diagnosis, and treatment
24    decisions of the art therapist trainee; or
25        (5) ensuring compliance with laws and regulations
26    governing the practice of clinical professional art

 

 

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1    therapy and licensed associate art therapy.
 
2    Section 15. Address of record; email address of record.
3All applicants and licensees shall:
4        (1) provide a valid address and email address to the
5    Department, which serves as the address of record and
6    email address of record, respectively, at the time of
7    application for licensure or renewal of a license; and
8        (2) inform the Department of any change of address of
9    record or email address of record within 14 days after the
10    change either through the Department's website or by
11    contacting the Department's licensure maintenance unit.
 
12    Section 20. Art Therapy Advisory Board. There is created
13within the Department an Art Therapy Advisory Board, which
14shall consist of 5 members. The Secretary shall appoint all
15members of the Advisory Board. The Advisory Board shall
16consist of persons familiar with the practice of art therapy
17to provide the Secretary with expertise and assistance in
18carrying out the Secretary's duties under this Act. The
19Secretary shall appoint members of the Advisory Board to serve
20for terms of 4 years, and members may be appointed by the
21Secretary to serve consecutive terms. Any vacancy shall be
22filled in the same manner as a regular appointment. The
23Secretary shall appoint 3 members who practice clinical
24professional art therapy in this State, one member who is a

 

 

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1licensed health care provider who is not an art therapist, and
2one member who is a consumer. Members shall serve without
3compensation.
4    The Secretary may terminate the appointment of any member
5for cause as determined by the Secretary.
6    The Secretary may consider the recommendation of the
7Advisory Board on all matters and questions relating to this
8Act.
9    Members of the Advisory Board shall be reimbursed for all
10legitimate, necessary, and authorized expenses.
11    Members of the Advisory Board shall have no liability in
12any action based upon a disciplinary proceeding or other
13activity performed in good faith as a member of the Advisory
14Board.
 
15    Section 25. Art Therapy Advisory Board; powers and duties.
16    (a) The Advisory Board shall meet at least 4 times per year
17or as otherwise called by the Secretary.
18    (b) The Advisory Board shall advise the Department on all
19matters pertaining to the licensure for, disciplinary actions
20for, education for, continuing education requirements for, and
21practice of art therapy in this State.
22    (c) The Advisory Board may make recommendations as it
23deems advisable to the Secretary on any matters and questions
24relating to this Act and the profession and practice of art
25therapy.

 

 

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1    (d) The Advisory Board shall annually elect one of its
2members as chairperson and one of its members as vice
3chairperson.
 
4    Section 30. Exemptions. Nothing in this Act may be
5construed to prohibit or restrict the practice, services, or
6activities of the following:
7        (1) A person licensed, certified, or regulated under
8    the laws of this State in another profession or
9    occupation, including physicians, psychologists,
10    registered nurses, marriage and family therapists, social
11    workers, occupational therapists, professional
12    counselors, speech-language pathologists or audiologists,
13    or personnel supervised by a licensed professional,
14    performing work, including the use of art, incidental to
15    the practice of that person's licensed, certified, or
16    regulated profession or occupation if the person does not
17    represent themselves as a licensed associate art therapist
18    or licensed clinical professional art therapist.
19        (2) Practice of art therapy as an integral part of a
20    program of study for students enrolled in an accredited
21    art therapy program if the students do not represent
22    themselves as licensed clinical professional art
23    therapists.
 
24    Section 35. Unlicensed practice; violation; civil penalty.

 

 

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1    (a) A person may not engage in the practice of art therapy,
2use the title "licensed clinical professional art therapist"
3or "licensed associate art therapist", or use the abbreviation
4"LCPAT" or "LAAT" or any other title, designation, word,
5letter, abbreviation or insignia indicating the practice of
6art therapy unless licensed under this Act.
7    (b) A person who practices, offers to practice, attempts
8to practice, or holds the person out to practice art therapy
9without being licensed or exempt under this Act, as described
10in subsection (a), shall, in addition to any other penalty
11provided by law, pay a civil penalty to the Department in an
12amount not to exceed $10,000 for each offense, as determined
13by the Department. The civil penalty shall be assessed by the
14Department after a hearing is held under this Act regarding
15the provision of a hearing for the discipline of a licensee.
16    (c) The Department may investigate any actual, alleged, or
17suspected unlicensed activity.
18    (d) The civil penalty shall be paid within 60 days after
19the effective date of the order imposing the civil penalty.
20The order shall constitute a final judgment and may be filed
21and execution had thereon in the same manner as any judgment
22from any court of record. The Attorney General may bring an
23action in circuit court to enforce the collection of any
24monetary penalty imposed.
 
25    Section 40. Powers and duties of the Department. The

 

 

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1Department shall adopt rules for the annual renewal process
2for a license as a clinical professional art therapist or
3licensed associate art therapist, including:
4        (1) implementing a continuing education requirement as
5    a condition of license renewal for licenses issued under
6    its jurisdiction;
7        (2) establishing standards for continuing education,
8    including the subject matter and content of courses of
9    study and the number and type of continuing education
10    credits required of a licensee as a condition of biennial
11    license renewal;
12        (3) allowing continuing education credits to be earned
13    from the American Art Therapy Association and other
14    organizations providing continuing education and
15    accredited educational programs, including, but not
16    limited to, programs relating to meetings of constituents
17    and components of art therapy associations recognized by
18    the Department, examinations, papers, publications,
19    presentations, teaching and research appointments, and
20    establishing procedures for the issuance of credit upon
21    satisfactory proof of the completion of these programs,
22    including that each hour of instruction shall be
23    equivalent to one credit;
24        (4) approving only those continuing education programs
25    as are available to all persons practicing art therapy in
26    this State on a nondiscriminatory basis;

 

 

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1        (5) reviewing applications to ascertain the
2    qualifications of applicants for licenses;
3        (6) authorizing examinations to ascertain the
4    qualifications of those applicants who require
5    examinations as a component of a license;
6        (7) conducting hearings on proceedings to refuse to
7    issue or renew a license or to revoke, suspend, place on
8    probation, or reprimand licenses issued under this Act or
9    otherwise discipline a licensee; and
10        (8) adopting rules necessary for the administration of
11    this Act.
 
12    Section 45. Application for original license. Applications
13for original licenses shall be made to the Department on forms
14prescribed by the Department and accompanied by the required
15fee, which is not refundable. All applications shall contain
16information that, in the judgment of the Department, will
17enable the Department to approve or disapprove of the
18qualifications of the applicant for a license under this Act.
19If an applicant fails to obtain a license under this Act within
203 years after filing the application, the application shall be
21denied. The applicant may make a new application, which shall
22be accompanied by the required nonrefundable fee. The
23applicant shall meet the qualifications required for licensure
24at the time of reapplication.
 

 

 

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1    Section 50. Social security number on license application.
2In addition to any other information required to be contained
3in the application, every application for an original license
4under this Act shall include the applicant's social security
5number, which shall be retained in the Department's records
6pertaining to the license. As soon as practical, the
7Department shall assign a customer's identification number to
8each applicant for a license. Every application for a renewal,
9reinstatement, or restoration of a license shall require the
10applicant's customer identification number.
 
11    Section 55. Qualifications for licensure as a licensed
12clinical professional art therapist.
13    (a) The Secretary shall issue a license to an applicant
14for a clinical professional art therapist license if the
15applicant has completed and submitted an application form in
16the manner as the Secretary prescribes, accompanied by
17applicable fees, and evidence satisfactory to the Secretary
18that the applicant has fulfilled the following requirements:
19        (1) is at least 18 years of age;
20        (2) is of good moral character. In determining moral
21    character under this paragraph, the Department may take
22    into consideration whether the applicant has engaged in
23    conduct or activities which would constitute grounds for
24    discipline under this Act;
25        (3) has demonstrated professional competency by

 

 

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1    satisfactorily completing the Board-Certified Registered
2    Art Therapist Board exam by the Art Therapy Credentials
3    Board or a substantially equivalent exam approved by the
4    Department; and
5        (4) has either:
6            (A) (i) received a master's degree or doctoral
7        degree in art therapy that includes at least 700 hours
8        of supervised internship experience from an accredited
9        educational institution; and (ii) completed at least
10        3,360 total hours of postgraduate experience under
11        direct supervision completed in a period of not less
12        than 2 years. Of these 3,360 total hours, 1,680 hours
13        must be in direct contact with a client and 500 hours
14        of the 1,680 client contact hours must be under the
15        supervision of an Art Therapy Certified Supervisor
16        credentialed by the Art Therapy Credentials Board, a
17        Board-Certified Registered Art Therapist certified by
18        the Art Therapy Credentials Board, or a licensed
19        clinical professional art therapist, and the remaining
20        hours may be earned under the supervision of any
21        qualified art therapy supervisor; or
22            (B) received a master's degree or higher in a
23        related mental health field and has (i) completed a
24        minimum of 3 graduate credit hours in each of the
25        following subject areas: human growth and development;
26        social and cultural foundations of counseling;

 

 

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1        theories of art therapy; art therapy techniques; group
2        dynamics, processing, and counseling; lifestyle and
3        career development; appraisal; research and
4        evaluation; professional, legal, and ethical
5        responsibilities; marriage and family therapy;
6        psychopathology; addictions; history of art therapy;
7        and theory of art therapy; (ii) earned at least 700
8        hours of supervised internship experience from an
9        accredited educational institution; and (iii) has
10        completed at least 3,360 total hours of postgraduate
11        experience under direct supervision completed in a
12        period of not less than 2 years. Of these 3,360 total
13        hours, 1,680 hours must be in direct contact with a
14        client and 1,000 hours of the 1,680 client contact
15        hours must be direct provision of art therapy under
16        the supervision of a Board-Certified Registered Art
17        Therapist certified by the Art Therapy Credentials
18        Board, an Art Therapy Certified Supervisor
19        credentialed by the Art Therapy Credentials Board, or
20        a licensed clinical professional art therapist, the
21        remaining hours may be earned under the supervision of
22        any qualified art therapy supervisor.
 
23    Section 60. Qualifications for licensure as a licensed
24associate art therapist. The Secretary shall issue a license
25for an associate art therapist to an applicant who has

 

 

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1submitted evidence, satisfactory to the Secretary, that the
2applicant has:
3        (1) Completed the educational requirements for
4    licensure as a clinical professional art therapist in the
5    State of Illinois as outlined in Section 55.
6        (2) Entered into an agreement for supervision with a
7    qualified art therapy supervisor.
8    A license issued under this Section is valid for a period
9of 5 years. At the end of the 5-year period, a licensed
10associate art therapist who has not met the requirements for
11licensure as a clinical professional art therapist may submit
12an application for extension of licensure as an associate art
13therapist to the Secretary. The application shall include (i)
14a plan for completing the requirements to obtain licensure as
15a licensed clinical professional art therapist, (ii)
16documentation of compliance with the continuing education
17requirements, (iii) documentation of compliance with
18requirements related to supervision, and (iv) letters of
19recommendation from at least 2 qualified art therapy
20supervisors. An extension of a license as an associate art
21therapist under this Section is valid for a period of 2 years
22and is not renewable.
 
23    Section 65. Unlawful practice of licensed associate art
24therapists; rules.
25    (a) It is unlawful for a person to practice as a licensed

 

 

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1associate art therapist or to hold oneself out to be or
2represent or permit to be represented that the person is a
3licensed associate art therapist unless the person holds a
4license as a licensed associate art therapist issued by the
5Department.
6    (b) The Department shall adopt rules governing
7requirements for the practice of licensed associate art
8therapists. The rules shall include requirements for
9continuing education and supervision of licensed associate art
10therapists.
 
11    Section 70. Standards for supervision.
12    (a) A qualified art therapy supervisor shall:
13        (1) supervise only in those areas within the qualified
14    art therapy supervisor's competence, as determined by
15    education, training, and experience;
16        (2) provide supervision appropriate to the particular
17    level of licensure being applied for or maintained;
18        (3) ensure that the supervisee is practicing within
19    the scope of the supervisee's license;
20    (b) In addition to the requirements of subsection (a), a
21qualified art therapy supervisor shall specifically instruct
22and provide guidance:
23        (1) relating to the qualified art therapy supervisor's
24    scope of practice of clinical professional art therapy;
25        (2) to supervisees in appropriate billing practices if

 

 

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1    applicable to the practice site, including:
2            (A) providing services involving the application
3        of therapy principles and methods in the diagnosis,
4        prevention, treatment, and amelioration of
5        psychological problems, emotional conditions, or
6        mental conditions of individuals, families, couples,
7        or groups;
8            (B) recordkeeping;
9            (C) disclosure of fees and financial arrangements;
10        and
11            (D) appropriate maintenance and destruction of
12        clinical and financial records.
 
13    Section 75. License renewal.
14    (a) Every license issued under this Act shall be renewed
15biennially. A license shall be renewed upon payment of a
16renewal fee if the applicant is in compliance with this Act at
17the time of application for renewal. The following shall also
18be required for license renewal:
19        (1) Proof of completion of a minimum of 40 hours of
20    continuing education as established by rule.
21        (2) For those licensed clinical professional art
22    therapists that have direct patient interactions with
23    adult populations age 26 or older, proof of completion of
24    at least one hour of training on the diagnosis, treatment,
25    and care of individuals with Alzheimer's disease and other

 

 

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1    dementias per renewal period; this training shall include,
2    but not be limited to, assessment and diagnosis, effective
3    communication strategies, and management and care
4    planning; this one-hour course counts toward meeting the
5    minimum credit hours required for continuing education.
6    (b) A licensee shall inform the Secretary of any changes
7to the licensee's address. Each licensee shall be responsible
8for timely renewal of the licensee's license.
 
9    Section 80. Inactive status. A person who notifies the
10Department in writing on forms prescribed by the Department
11may elect to place the person's license on inactive status and
12shall, subject to rule of the Department, be excused from
13payment of renewal fees until the person notifies the
14Department, in writing, of the person's desire to restore
15active status. A person requesting restoration from inactive
16status must pay the current renewal fee to restore the
17person's license. Practice by an individual whose license is
18on inactive status shall be considered to be the unlicensed
19practice of art therapy and shall be grounds for discipline
20under this Act.
 
21    Section 85. Fees; deposit of fees. The Department shall,
22by rule, establish all fees for the administration and
23enforcement of this Act. These fees are nonrefundable. All the
24fees and fines collected under this Act shall be deposited

 

 

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1into the General Professions Dedicated Fund. The moneys
2deposited into the General Professions Dedicated Fund under
3this Act shall be used by the Department, as appropriate, for
4the ordinary and contingent expenses of the Department. Moneys
5deposited in the General Professions Dedicated Fund under this
6Act may be invested and reinvested, with all earnings received
7from these investments being deposited into that Fund and used
8for the same purposes as the fees and fines deposited in that
9Fund.
 
10    Section 90. Checks or orders dishonored. A person who
11issues or delivers a check or other order to the Department
12that is returned to the Department unpaid by the financial
13institution upon which it is drawn shall pay to the
14Department, in addition to the amount already owed to the
15Department, a fine of $50. The fines imposed by this Section
16are in addition to any other discipline provided under this
17Act prohibiting unlicensed practice or practice on a
18nonrenewed license. The Department shall notify the person
19that payment of fees and fines shall be paid to the Department
20by certified check or money order within 30 calendar days
21after notification. If, after the expiration of 30 days from
22the date of the notification, the person has failed to submit
23the necessary remittance, the Department shall automatically
24terminate the license or certification or deny the
25application, without hearing. If, after termination or denial,

 

 

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1the person seeks a license, the person shall apply to the
2Department for restoration or issuance of the license and pay
3all fees and fines due to the Department. The Department may
4establish a fee for the processing of an application for
5restoration of a license to pay all costs and expenses of
6processing of the application. The Secretary may waive the
7fines due under this Section in individual cases where the
8Secretary finds that the fines would be unnecessarily
9burdensome.
 
10    Section 95. Endorsement.
11    (a) An applicant licensed as a licensed clinical
12professional art therapist or its equivalent in another state,
13territory, or jurisdiction, as recognized by the Department,
14is eligible for licensure if the applicant provides:
15        (1) a completed Department-approved application and
16    paid the required fees;
17        (2) an official transcript from the educational
18    institution which awarded the master's or doctoral degree;
19        (3) a copy of a current license from each state,
20    territory, or jurisdiction in which the applicant has been
21    licensed, registered, or otherwise authorized to practice
22    clinical professional art therapy;
23        (4) documentation, satisfactory to the Department,
24    that the applicant is currently licensed in good standing
25    to practice art therapy in another state, territory, or

 

 

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1    jurisdiction; and
2        (5) verification that the applicant has:
3            (A) no history of disciplinary action, past or
4        pending, in a state, territory, or jurisdiction in
5        which the applicant holds a license to practice art
6        therapy; and
7            (B) not committed any act or omission that would
8        be grounds for discipline or denial of licensure.
9    (b) An applicant is eligible for licensure as a licensed
10clinical professional art therapist by the Department if the
11applicant (i) is a resident of Illinois, (ii) has completed
12the required education and supervision required under Section
1355, and (iii) has practiced art therapy for a period of not
14less than 2 years before the effective date of this Act.
 
15    Section 100. Privileged communications and exceptions.
16    (a) A licensed clinical professional art therapist or
17licensed associate art therapist may not disclose any
18information acquired from persons consulting the therapist in
19a professional capacity, except that which may be voluntarily
20disclosed under any of the following circumstances:
21        (1) In the course of formally reporting, conferring,
22    or consulting with administrative superiors, colleagues,
23    or consultants who share professional responsibility, in
24    which instance all recipients of the information are
25    similarly bound to regard the communication as privileged.

 

 

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1        (2) With the written consent of the person who
2    provided the information and about whom the information
3    concerns.
4        (3) In the case of death or disability, with the
5    written consent of the personal representative of an
6    estate or of a person.
7        (4) When a communication reveals the intended
8    commission of a crime or harmful act and the disclosure is
9    judged necessary in the professional judgment of the
10    licensed clinical professional art therapist or licensed
11    associate art therapist to protect any person from a clear
12    risk of serious mental or physical harm or injury or to
13    forestall a serious threat to the public safety.
14        (5) When a person waives the privilege by bringing any
15    public charges or filing a lawsuit against the licensee.
16    (b) A person having access to records or a person who
17participates in providing art therapy services, participates
18in providing human services, or is supervised by a licensed
19clinical professional art therapist is similarly bound to
20regard all information and communications as privileged under
21this Section.
 
22    Section 105. Grounds for discipline.
23    (a) The Department may refuse to issue, renew, or may
24revoke, suspend, place on probation, reprimand, or take other
25disciplinary or nondisciplinary action as the Department deems

 

 

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1appropriate, including the issuance of fines not to exceed
2$10,000 for each violation, with regard to any license for any
3one or more of the following:
4        (1) Material misstatement in furnishing information to
5    the Department or to any other State agency.
6        (2) Violations or negligent or intentional disregard
7    of this Act, or any of its rules.
8        (3) Conviction by plea of guilty or nolo contendere,
9    finding of guilt by a judge or jury verdict or entry of
10    judgment or sentencing, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States (i) that
14    is a felony or (ii) that is a misdemeanor of which
15    dishonesty is an essential element of which is dishonesty
16    or that is directly related to the practice of art
17    therapy.
18        (4) Making any misrepresentation for the purpose of
19    obtaining a license, or violating any provision of this
20    Act or its rules.
21        (5) Negligence in the rendering of art therapy
22    services.
23        (6) Aiding or assisting another person in violating
24    any provision of this Act or any of its rules.
25        (7) Failing to provide information within 60 days in
26    response to a written request made by the Department.

 

 

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1        (8) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public and violating the rules of
4    professional conduct adopted by the Department.
5        (9) Failing to maintain the confidentiality of any
6    information received from a client unless otherwise
7    authorized or required by law.
8        (10) Failure to maintain client records of services
9    provided and provide copies to clients upon request.
10        (11) Exploiting a client for personal advantage,
11    profit, or interest.
12        (12) Habitual or excessive use of or addiction to
13    alcohol, narcotics, stimulants, or any other chemical
14    agent or drug which results in inability to practice with
15    reasonable skill, judgment, or safety.
16        (13) Discipline by another governmental agency,
17    territory, or unit of government of the United States or a
18    foreign nation if at least one of the grounds for the
19    discipline is the same or substantially equivalent to
20    those set forth in this Section.
21        (14) Directly or indirectly giving to or receiving
22    from a person, firm, corporation, partnership, or
23    association any fee, commission, rebate, or other form of
24    compensation for a professional service not actually
25    rendered. Nothing in this paragraph affects a bona fide
26    independent contractor or employment arrangement among

 

 

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1    health care professionals, health facilities, health care
2    providers, or other entities, except as otherwise
3    prohibited by law. An employment arrangement may include
4    provisions for compensation, health insurance, pension, or
5    other employment benefits for the provision of services
6    within the scope of the licensee's practice under this
7    Act. Nothing in this paragraph shall be construed to
8    require an employment arrangement to receive professional
9    fees for services rendered.
10        (15) A finding by the Department that the licensee,
11    after having the license placed on probationary status,
12    has violated the terms of probation.
13        (16) Failing to refer a client to other health care
14    professionals when the licensee is unable or unwilling to
15    adequately support or serve the client.
16        (17) Willfully filing false reports relating to a
17    licensee's practice, including, but not limited to, false
18    records filed with federal or State agencies or
19    departments.
20        (18) Willfully failing to report an instance of
21    suspected child abuse or neglect as required by the Abused
22    and Neglected Child Reporting Act.
23        (19) Being named as a perpetrator in an indicated
24    report by the Department of Children and Family Services
25    pursuant to the Abused and Neglected Child Reporting Act
26    and upon proof by clear and convincing evidence that the

 

 

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1    licensee has caused a child to be an abused child or
2    neglected child as defined in the Abused and Neglected
3    Child Reporting Act.
4        (20) Physical or mental disability, including
5    deterioration through the aging process or loss of
6    abilities and skills that results in the inability to
7    practice the profession with reasonable judgment, skill,
8    or safety.
9        (21) Solicitation of professional services by using
10    false or misleading advertising.
11        (22) Fraud or making any misrepresentation in applying
12    for or procuring a license under this Act or in connection
13    with applying for renewal of a license under this Act.
14        (23) Practicing or attempting to practice under a name
15    other than the full name as shown on the license or any
16    other legally authorized name.
17        (24) Gross overcharging for professional services,
18    including filing statements for collection of fees or
19    moneys for which services are not rendered.
20        (25) Charging for professional services not rendered,
21    including filing false statements for the collection of
22    fees for which services are not rendered.
23        (26) Allowing one's license under this Act to be used
24    by an unlicensed person in violation of this Act.
25    (b) The determination by a court that a licensee is
26subject to involuntary admission or judicial admission as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code shall result in an automatic suspension of the licensee's
3license. The suspension ends upon a finding by a court that the
4licensee is no longer subject to involuntary admission or
5judicial admission, the issuance of an order so finding and
6discharging the patient, and the determination of the
7Secretary that the licensee be allowed to resume professional
8practice.
9    (c) The Department may refuse to issue or renew or may
10suspend without hearing the license of any person who fails to
11file a return, to pay the tax penalty or interest shown in a
12filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any Act regarding the
14payment of taxes administered by the Department of Revenue
15until the requirements of the Act are satisfied in accordance
16with subsection (g) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code
18of Illinois.
19    (d) If the Department of Healthcare and Family Services
20has previously determined that a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency
23to the Department, the Department may refuse to issue or renew
24or may revoke or suspend that person's license or may take
25other disciplinary action against that person based solely
26upon the certification of delinquency made by the Department

 

 

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1of Healthcare and Family Services in accordance with paragraph
2(5) of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code
4of Illinois.
5    (e) All fines or costs imposed under this Section shall be
6paid within 60 days after the effective date of the order
7imposing the fine or costs or in accordance with the terms set
8forth in the order imposing the fine.
 
9    Section 110. Violations; injunction; cease and desist
10order.
11    (a) If any person violates the provisions of this Act, the
12Secretary may, in the name of the People of the State of
13Illinois, through the Attorney General or the State's Attorney
14of any county in which the violation is alleged to have
15occurred, petition for an order enjoining the violation or for
16an order enforcing compliance with this Act. Upon the filing
17of a verified petition, the court with appropriate
18jurisdiction may issue a temporary restraining order without
19notice or bond and may preliminarily and permanently enjoin
20the violation. If it is established that the person has
21violated or is violating the injunction, the court may punish
22the offender for contempt of court. Proceedings under this
23Section are in addition to all other remedies and penalties
24provided by this Act.
25    (b) Whenever, in the opinion of the Department, a person

 

 

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1violates any provision of this Act, the Department may issue a
2rule to show cause why an order to cease and desist should not
3be entered against that person. The rule shall clearly set
4forth the grounds relied upon by the Department and shall
5allow at least 7 days from the date of the rule to file an
6answer satisfactory to the Department. Failure to answer to
7the satisfaction of the Department shall cause an order to
8cease and desist to be issued.
 
9    Section 115. Investigations; notice and hearing. The
10Department may investigate the actions of an applicant or a
11person holding or claiming to hold a license or engaging in the
12practice of art therapy. The Department shall, before
13revoking, suspending, placing on probation, reprimanding, or
14taking any other disciplinary action under Section 105, at
15least 30 days before the date set for the hearing, (i) notify
16the accused, in writing, of any charges made and the time and
17place for the hearing on the charges, (ii) direct the accused
18to file a written answer to the charges with the Department
19under oath within 20 days after service of the notice, and
20(iii) inform the accused that, if the accused fails to answer,
21default will be taken against the accused or that the
22accused's license may be suspended, revoked, placed on
23probationary status, or other disciplinary action taken with
24regard to the license, including limiting the scope, nature,
25or extent of the accused's practice, as the Department may

 

 

HB5019- 31 -LRB103 36304 AWJ 66402 b

1deem proper. In case the person, after receiving notice, fails
2to file an answer, the accused's license may, in the
3discretion of the Department, be suspended, revoked, placed on
4probationary status, or the Department may take whatever
5disciplinary action considered proper, including limiting the
6scope, nature, or extent of the person's practice or the
7imposition of a fine, without a hearing, if the act or acts
8charged constitute sufficient grounds for such action under
9this Act. The written notice may be served by personal
10delivery, mail, or email to the address of record or email
11address of record.
 
12    Section 120. Record of proceedings; transcript. The
13Department, at its expense, shall preserve a record of all
14proceedings at the formal hearing of any case except as
15otherwise provided by statute or rule.
 
16    Section 125. Subpoenas; depositions; oaths. The Department
17may subpoena and bring before it any person in this State and
18take the oral or written testimony or compel the production of
19any books, papers, records, or any other documents that the
20Secretary or the Secretary's designee deems relevant or
21material to any investigation or hearing conducted by the
22Department with the same fees and mileage and in the same
23manner as prescribed in civil cases in the courts of this
24State. The Secretary, the shorthand court reporter, the

 

 

HB5019- 32 -LRB103 36304 AWJ 66402 b

1designated hearing officer, and every member of the Advisory
2Board may administer oaths at any hearing which the Department
3conducts. Notwithstanding any other statute or Department rule
4to the contrary, all requests for testimony and for the
5production of documents or records shall be in accordance with
6this Act.
 
7    Section 130. Compelling testimony. Any court, upon
8application of the Department, designated hearing officer, or
9the applicant or licensee against whom proceedings under
10Section 105 are pending may order the attendance and testimony
11of witnesses and the production of relevant documents, papers,
12files, books, and records in connection with a hearing or
13investigation. The court may compel obedience to its order by
14proceedings for contempt.
 
15    Section 135. Findings and recommendations. At the
16conclusion of the hearing, the hearing officer or Advisory
17Board shall present to the Secretary a written report of its
18findings of fact, conclusions of law, and recommendations. The
19report shall contain a finding whether the licensee violated
20this Act or failed to comply with the conditions required in
21this Act. The hearing officer or Advisory Board shall specify
22the nature of the violation or failure to comply and shall make
23its recommendations to the Secretary. The report of findings
24of fact, conclusions of law, and recommendation of the hearing

 

 

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1officer or Advisory Board shall be the basis for the
2Department's order for refusing to issue, restore, or renew a
3license, or for otherwise disciplining a licensee. If the
4Secretary disagrees with the recommendations of the hearing
5officer or Advisory Board, the Secretary may issue an order in
6contravention of the hearing officer's or Advisory Board's
7recommendations. The finding is not admissible in evidence
8against the person in a criminal prosecution brought for the
9violation of this Act, but the hearing and findings are not a
10bar to a criminal prosecution brought for the violation of
11this Act.
 
12    Section 140. Secretary; rehearing. Whenever the Secretary
13believes substantial justice has not been done in the
14revocation, suspension, or refusal to issue or renew a license
15or the discipline of a licensee, the Secretary may order a
16rehearing.
 
17    Section 145. Appointment of a hearing officer. The
18Secretary has the authority to appoint an attorney licensed to
19practice law in the State to serve as the hearing officer in an
20action for refusal to issue or renew a license or permit or to
21discipline a licensee. The hearing officer has full authority
22to conduct the hearing. The hearing officer shall report the
23hearing officer's findings of fact, conclusions of law, and
24recommendations to the Secretary.
 

 

 

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1    Section 150. Order or certified copy; prima facie proof.
2An order or certified copy of an order, over the seal of the
3Department and purporting to be signed by the Secretary, is
4prima facie proof that: (1) the signature is the genuine
5signature of the Secretary; and (2) the Secretary is duly
6appointed and qualified.
 
7    Section 155. Restoration of license from discipline. At
8any time after the successful completion of a term of
9indefinite probation, suspension, or revocation of a license,
10the Department may restore the license to active status,
11unless, after an investigation and a hearing, the Secretary
12determines that restoration is not in the public interest. A
13person whose license has been revoked as authorized in this
14Act may not apply for restoration of that license until
15authorized to do so under the Civil Administrative Code of
16Illinois.
 
17    Section 160. Summary suspension of license. The Secretary
18may summarily suspend the license of an art therapist without
19a hearing, simultaneously with the institution of proceedings
20for a hearing provided for in Section 115, if the Secretary
21finds that the evidence indicates that the continuation of
22practice by the licensed clinical professional art therapist
23would constitute an imminent danger to the public. If the

 

 

HB5019- 35 -LRB103 36304 AWJ 66402 b

1Secretary summarily suspends the license of an individual
2without a hearing, a hearing must be held within 30 days after
3the suspension has occurred and shall be concluded as
4expeditiously as possible.
 
5    Section 165. Administrative review; venue.
6    (a) All final administrative decisions of the Department
7are subject to judicial review pursuant to the Administrative
8Review Law and its rules. As used in this Section,
9"administrative decision" has the same meaning as used in
10Section 3-101 of the Code of Civil Procedure.
11    (b) Proceedings for judicial review shall be commenced in
12the circuit court of the county in which the party applying for
13review resides, but if the party is not a resident of this
14State, the venue shall be in Sangamon County.
 
15    Section 170. Certification of record; costs. The
16Department does not need to certify a record to the court, to
17file an answer in court, or to otherwise appear in court in a
18judicial review proceeding unless the Department has received
19from the plaintiff payment of the costs of furnishing and
20certifying the record, which costs shall be determined by the
21Department. Failure on the part of the plaintiff to file the
22receipt in court is grounds for dismissal of the action.
 
23    Section 175. Violations. Unless otherwise specified, a

 

 

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1person found to have violated any provision of this Act is
2guilty of a Class A misdemeanor.
 
3    Section 180. Illinois Administrative Procedure Act;
4application. The Illinois Administrative Procedure Act is
5incorporated in this Act as if all the provisions of that Act
6were included in this Act, except subsection (d) of Section
710-65 of the Illinois Administrative Procedure Act, which
8provides that at hearings the license holder has the right to
9show compliance with all lawful requirements for retention,
10continuation, or renewal of the license, is specifically
11excluded. For the purpose of this Act, the notice required
12under Section 10-25 of the Illinois Administrative Procedure
13Act is deemed sufficient when mailed to the last known address
14of a party or the address of record.
 
15    Section 185. Home rule. The regulation and licensing of
16clinical professional art therapists and associate art
17therapists are exclusive powers and functions of the State. A
18home rule unit may not regulate or license clinical
19professional art therapists or associate art therapists. This
20Section is a denial and limitation of home rule powers and
21functions under subsection (h) of Section 6 of Article VII of
22the Illinois Constitution.
 
23    Section 190. Confidentiality. All information collected by

 

 

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1the Department in the course of an examination or
2investigation of a licensee or applicant, including, but not
3limited to, a complaint against a licensee filed with the
4Department and information collected to investigate a
5complaint, shall be maintained for the confidential use of the
6Department and shall not be disclosed. The Department shall
7not disclose the information to anyone other than law
8enforcement officials, regulatory agencies that have an
9appropriate regulatory interest as determined by the
10Secretary, or a party presenting a lawful subpoena to the
11Department. Information and documents disclosed to a federal,
12State, county, or local law enforcement agency shall not be
13disclosed by the agency for any purpose to any other agency or
14person. A formal complaint filed against a licensee or
15applicant by the Department or any other complaint issued by
16the Department against a licensee or applicant shall be a
17public record, except as otherwise prohibited by law.
 
18    Section 900. The Regulatory Sunset Act is amended by
19changing Section 4.40 as follows:
 
20    (5 ILCS 80/4.40)
21    Sec. 4.40. Acts repealed on January 1, 2030. The following
22Acts are repealed on January 1, 2030:
23    The Art Therapy Licensing and Practice Act
24    The Auction License Act.

 

 

HB5019- 38 -LRB103 36304 AWJ 66402 b

1    The Illinois Architecture Practice Act of 1989.
2    The Illinois Professional Land Surveyor Act of 1989.
3    The Orthotics, Prosthetics, and Pedorthics Practice Act.
4    The Perfusionist Practice Act.
5    The Professional Engineering Practice Act of 1989.
6    The Real Estate License Act of 2000.
7    The Structural Engineering Practice Act of 1989.
8(Source: P.A. 101-269, eff. 8-9-19; 101-310, eff. 8-9-19;
9101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, eff.
108-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; 101-357,
11eff. 8-9-19; 102-558, eff. 8-20-21.)
 
12    Section 905. The Abused and Neglected Child Reporting Act
13is amended by changing Section 4 as follows:
 
14    (325 ILCS 5/4)
15    Sec. 4. Persons required to report; privileged
16communications; transmitting false report.
17    (a) The following persons are required to immediately
18report to the Department when they have reasonable cause to
19believe that a child known to them in their professional or
20official capacities may be an abused child or a neglected
21child:
22        (1) Medical personnel, including any: physician
23    licensed to practice medicine in any of its branches
24    (medical doctor or doctor of osteopathy); resident;

 

 

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1    intern; medical administrator or personnel engaged in the
2    examination, care, and treatment of persons; psychiatrist;
3    surgeon; dentist; dental hygienist; chiropractic
4    physician; podiatric physician; physician assistant;
5    emergency medical technician; physical therapist; physical
6    therapy assistant; occupational therapist; occupational
7    therapy assistant; acupuncturist; registered nurse;
8    licensed practical nurse; advanced practice registered
9    nurse; genetic counselor; respiratory care practitioner;
10    home health aide; or certified nursing assistant.
11        (2) Social services and mental health personnel,
12    including any: licensed professional counselor; licensed
13    clinical professional counselor; licensed social worker;
14    licensed clinical social worker; licensed psychologist or
15    assistant working under the direct supervision of a
16    psychologist; associate licensed marriage and family
17    therapist; licensed marriage and family therapist;
18    licensed clinical professional art therapist; licensed
19    associate art therapist; field personnel of the
20    Departments of Healthcare and Family Services, Public
21    Health, Human Services, Human Rights, or Children and
22    Family Services; supervisor or administrator of the
23    General Assistance program established under Article VI of
24    the Illinois Public Aid Code; social services
25    administrator; or substance abuse treatment personnel.
26        (3) Crisis intervention personnel, including any:

 

 

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1    crisis line or hotline personnel; or domestic violence
2    program personnel.
3        (4) Education personnel, including any: school
4    personnel (including administrators and certified and
5    non-certified school employees); personnel of institutions
6    of higher education; educational advocate assigned to a
7    child in accordance with the School Code; member of a
8    school board or the Chicago Board of Education or the
9    governing body of a private school (but only to the extent
10    required under subsection (d)); or truant officer.
11        (5) Recreation or athletic program or facility
12    personnel; or an athletic trainer.
13        (6) Child care personnel, including any: early
14    intervention provider as defined in the Early Intervention
15    Services System Act; director or staff assistant of a
16    nursery school or a child day care center; or foster
17    parent, homemaker, or child care worker.
18        (7) Law enforcement personnel, including any: law
19    enforcement officer; field personnel of the Department of
20    Juvenile Justice; field personnel of the Department of
21    Corrections; probation officer; or animal control officer
22    or field investigator of the Department of Agriculture's
23    Bureau of Animal Health and Welfare.
24        (8) Any funeral home director; funeral home director
25    and embalmer; funeral home employee; coroner; or medical
26    examiner.

 

 

HB5019- 41 -LRB103 36304 AWJ 66402 b

1        (9) Any member of the clergy.
2        (10) Any physician, physician assistant, registered
3    nurse, licensed practical nurse, medical technician,
4    certified nursing assistant, licensed social worker,
5    licensed clinical social worker, or licensed professional
6    counselor of any office, clinic, licensed behavior
7    analyst, licensed assistant behavior analyst, or any other
8    physical location that provides abortions, abortion
9    referrals, or contraceptives.
10    (b) When 2 or more persons who work within the same
11workplace and are required to report under this Act share a
12reasonable cause to believe that a child may be an abused or
13neglected child, one of those reporters may be designated to
14make a single report. The report shall include the names and
15contact information for the other mandated reporters sharing
16the reasonable cause to believe that a child may be an abused
17or neglected child. The designated reporter must provide
18written confirmation of the report to those mandated reporters
19within 48 hours. If confirmation is not provided, those
20mandated reporters are individually responsible for
21immediately ensuring a report is made. Nothing in this Section
22precludes or may be used to preclude any person from reporting
23child abuse or child neglect.
24    (c)(1) As used in this Section, "a child known to them in
25their professional or official capacities" means:
26        (A) the mandated reporter comes into contact with the

 

 

HB5019- 42 -LRB103 36304 AWJ 66402 b

1    child in the course of the reporter's employment or
2    practice of a profession, or through a regularly scheduled
3    program, activity, or service;
4        (B) the mandated reporter is affiliated with an
5    agency, institution, organization, school, school
6    district, regularly established church or religious
7    organization, or other entity that is directly responsible
8    for the care, supervision, guidance, or training of the
9    child; or
10        (C) a person makes a specific disclosure to the
11    mandated reporter that an identifiable child is the victim
12    of child abuse or child neglect, and the disclosure
13    happens while the mandated reporter is engaged in the
14    reporter's employment or practice of a profession, or in a
15    regularly scheduled program, activity, or service.
16    (2) Nothing in this Section requires a child to come
17before the mandated reporter in order for the reporter to make
18a report of suspected child abuse or child neglect.
19    (d) If an allegation is raised to a school board member
20during the course of an open or closed school board meeting
21that a child who is enrolled in the school district of which
22the person is a board member is an abused child as defined in
23Section 3 of this Act, the member shall direct or cause the
24school board to direct the superintendent of the school
25district or other equivalent school administrator to comply
26with the requirements of this Act concerning the reporting of

 

 

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1child abuse. For purposes of this paragraph, a school board
2member is granted the authority in that board member's
3individual capacity to direct the superintendent of the school
4district or other equivalent school administrator to comply
5with the requirements of this Act concerning the reporting of
6child abuse.
7    Notwithstanding any other provision of this Act, if an
8employee of a school district has made a report or caused a
9report to be made to the Department under this Act involving
10the conduct of a current or former employee of the school
11district and a request is made by another school district for
12the provision of information concerning the job performance or
13qualifications of the current or former employee because the
14current or former employee is an applicant for employment with
15the requesting school district, the general superintendent of
16the school district to which the request is being made must
17disclose to the requesting school district the fact that an
18employee of the school district has made a report involving
19the conduct of the applicant or caused a report to be made to
20the Department, as required under this Act. Only the fact that
21an employee of the school district has made a report involving
22the conduct of the applicant or caused a report to be made to
23the Department may be disclosed by the general superintendent
24of the school district to which the request for information
25concerning the applicant is made, and this fact may be
26disclosed only in cases where the employee and the general

 

 

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1superintendent have not been informed by the Department that
2the allegations were unfounded. An employee of a school
3district who is or has been the subject of a report made
4pursuant to this Act during the employee's employment with the
5school district must be informed by that school district that
6if the employee applies for employment with another school
7district, the general superintendent of the former school
8district, upon the request of the school district to which the
9employee applies, shall notify that requesting school district
10that the employee is or was the subject of such a report.
11    (e) Whenever such person is required to report under this
12Act in the person's capacity as a member of the staff of a
13medical or other public or private institution, school,
14facility or agency, or as a member of the clergy, the person
15shall make report immediately to the Department in accordance
16with the provisions of this Act and may also notify the person
17in charge of such institution, school, facility or agency, or
18church, synagogue, temple, mosque, or other religious
19institution, or designated agent of the person in charge that
20such report has been made. Under no circumstances shall any
21person in charge of such institution, school, facility or
22agency, or church, synagogue, temple, mosque, or other
23religious institution, or designated agent of the person in
24charge to whom such notification has been made, exercise any
25control, restraint, modification or other change in the report
26or the forwarding of such report to the Department.

 

 

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1    (f) In addition to the persons required to report
2suspected cases of child abuse or child neglect under this
3Section, any other person may make a report if such person has
4reasonable cause to believe a child may be an abused child or a
5neglected child.
6    (g) The privileged quality of communication between any
7professional person required to report and the professional
8person's patient or client shall not apply to situations
9involving abused or neglected children and shall not
10constitute grounds for failure to report as required by this
11Act or constitute grounds for failure to share information or
12documents with the Department during the course of a child
13abuse or neglect investigation. If requested by the
14professional, the Department shall confirm in writing that the
15information or documents disclosed by the professional were
16gathered in the course of a child abuse or neglect
17investigation.
18    The reporting requirements of this Act shall not apply to
19the contents of a privileged communication between an attorney
20and the attorney's client or to confidential information
21within the meaning of Rule 1.6 of the Illinois Rules of
22Professional Conduct relating to the legal representation of
23an individual client.
24    A member of the clergy may claim the privilege under
25Section 8-803 of the Code of Civil Procedure.
26    (h) Any office, clinic, or any other physical location

 

 

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1that provides abortions, abortion referrals, or contraceptives
2shall provide to all office personnel copies of written
3information and training materials about abuse and neglect and
4the requirements of this Act that are provided to employees of
5the office, clinic, or physical location who are required to
6make reports to the Department under this Act, and instruct
7such office personnel to bring to the attention of an employee
8of the office, clinic, or physical location who is required to
9make reports to the Department under this Act any reasonable
10suspicion that a child known to office personnel in their
11professional or official capacity may be an abused child or a
12neglected child.
13    (i) Any person who enters into employment on and after
14July 1, 1986 and is mandated by virtue of that employment to
15report under this Act, shall sign a statement on a form
16prescribed by the Department, to the effect that the employee
17has knowledge and understanding of the reporting requirements
18of this Act. On and after January 1, 2019, the statement shall
19also include information about available mandated reporter
20training provided by the Department. The statement shall be
21signed prior to commencement of the employment. The signed
22statement shall be retained by the employer. The cost of
23printing, distribution, and filing of the statement shall be
24borne by the employer.
25    (j) Persons required to report child abuse or child
26neglect as provided under this Section must complete an

 

 

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1initial mandated reporter training, including a section on
2implicit bias, within 3 months of their date of engagement in a
3professional or official capacity as a mandated reporter, or
4within the time frame of any other applicable State law that
5governs training requirements for a specific profession, and
6at least every 3 years thereafter. The initial requirement
7only applies to the first time they engage in their
8professional or official capacity. In lieu of training every 3
9years, medical personnel, as listed in paragraph (1) of
10subsection (a), must meet the requirements described in
11subsection (k).
12    The mandated reporter trainings shall be in-person or
13web-based, and shall include, at a minimum, information on the
14following topics: (i) indicators for recognizing child abuse
15and child neglect, as defined under this Act; (ii) the process
16for reporting suspected child abuse and child neglect in
17Illinois as required by this Act and the required
18documentation; (iii) responding to a child in a
19trauma-informed manner; and (iv) understanding the response of
20child protective services and the role of the reporter after a
21call has been made. Child-serving organizations are encouraged
22to provide in-person annual trainings.
23    The implicit bias section shall be in-person or web-based,
24and shall include, at a minimum, information on the following
25topics: (i) implicit bias and (ii) racial and ethnic
26sensitivity. As used in this subsection, "implicit bias" means

 

 

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1the attitudes or internalized stereotypes that affect people's
2perceptions, actions, and decisions in an unconscious manner
3and that exist and often contribute to unequal treatment of
4people based on race, ethnicity, gender identity, sexual
5orientation, age, disability, and other characteristics. The
6implicit bias section shall provide tools to adjust automatic
7patterns of thinking and ultimately eliminate discriminatory
8behaviors. During these trainings mandated reporters shall
9complete the following: (1) a pretest to assess baseline
10implicit bias levels; (2) an implicit bias training task; and
11(3) a posttest to reevaluate bias levels after training. The
12implicit bias curriculum for mandated reporters shall be
13developed within one year after January 1, 2022 (the effective
14date of Public Act 102-604) and shall be created in
15consultation with organizations demonstrating expertise and or
16experience in the areas of implicit bias, youth and adolescent
17developmental issues, prevention of child abuse, exploitation,
18and neglect, culturally diverse family systems, and the child
19welfare system.
20    The mandated reporter training, including a section on
21implicit bias, shall be provided through the Department,
22through an entity authorized to provide continuing education
23for professionals licensed through the Department of Financial
24and Professional Regulation, the State Board of Education, the
25Illinois Law Enforcement Training Standards Board, or the
26Illinois State Police, or through an organization approved by

 

 

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1the Department to provide mandated reporter training,
2including a section on implicit bias. The Department must make
3available a free web-based training for reporters.
4    Each mandated reporter shall report to the mandated
5reporter's employer and, when applicable, to the mandated
6reporter's licensing or certification board that the mandated
7reporter received the mandated reporter training. The mandated
8reporter shall maintain records of completion.
9    Beginning January 1, 2021, if a mandated reporter receives
10licensure from the Department of Financial and Professional
11Regulation or the State Board of Education, and the mandated
12reporter's profession has continuing education requirements,
13the training mandated under this Section shall count toward
14meeting the licensee's required continuing education hours.
15    (k)(1) Medical personnel, as listed in paragraph (1) of
16subsection (a), who work with children in their professional
17or official capacity, must complete mandated reporter training
18at least every 6 years. Such medical personnel, if licensed,
19must attest at each time of licensure renewal on their renewal
20form that they understand they are a mandated reporter of
21child abuse and neglect, that they are aware of the process for
22making a report, that they know how to respond to a child in a
23trauma-informed manner, and that they are aware of the role of
24child protective services and the role of a reporter after a
25call has been made.
26    (2) In lieu of repeated training, medical personnel, as

 

 

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1listed in paragraph (1) of subsection (a), who do not work with
2children in their professional or official capacity, may
3instead attest each time at licensure renewal on their renewal
4form that they understand they are a mandated reporter of
5child abuse and neglect, that they are aware of the process for
6making a report, that they know how to respond to a child in a
7trauma-informed manner, and that they are aware of the role of
8child protective services and the role of a reporter after a
9call has been made. Nothing in this paragraph precludes
10medical personnel from completing mandated reporter training
11and receiving continuing education credits for that training.
12    (l) The Department shall provide copies of this Act, upon
13request, to all employers employing persons who shall be
14required under the provisions of this Section to report under
15this Act.
16    (m) Any person who knowingly transmits a false report to
17the Department commits the offense of disorderly conduct under
18subsection (a)(7) of Section 26-1 of the Criminal Code of
192012. A violation of this provision is a Class 4 felony.
20    Any person who knowingly and willfully violates any
21provision of this Section other than a second or subsequent
22violation of transmitting a false report as described in the
23preceding paragraph, is guilty of a Class A misdemeanor for a
24first violation and a Class 4 felony for a second or subsequent
25violation; except that if the person acted as part of a plan or
26scheme having as its object the prevention of discovery of an

 

 

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1abused or neglected child by lawful authorities for the
2purpose of protecting or insulating any person or entity from
3arrest or prosecution, the person is guilty of a Class 4 felony
4for a first offense and a Class 3 felony for a second or
5subsequent offense (regardless of whether the second or
6subsequent offense involves any of the same facts or persons
7as the first or other prior offense).
8    (n) A child whose parent, guardian or custodian in good
9faith selects and depends upon spiritual means through prayer
10alone for the treatment or cure of disease or remedial care may
11be considered neglected or abused, but not for the sole reason
12that the child's parent, guardian or custodian accepts and
13practices such beliefs.
14    (o) A child shall not be considered neglected or abused
15solely because the child is not attending school in accordance
16with the requirements of Article 26 of the School Code, as
17amended.
18    (p) Nothing in this Act prohibits a mandated reporter who
19reasonably believes that an animal is being abused or
20neglected in violation of the Humane Care for Animals Act from
21reporting animal abuse or neglect to the Department of
22Agriculture's Bureau of Animal Health and Welfare.
23    (q) A home rule unit may not regulate the reporting of
24child abuse or neglect in a manner inconsistent with the
25provisions of this Section. This Section is a limitation under
26subsection (i) of Section 6 of Article VII of the Illinois

 

 

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1Constitution on the concurrent exercise by home rule units of
2powers and functions exercised by the State.
3    (r) For purposes of this Section "child abuse or neglect"
4includes abuse or neglect of an adult resident as defined in
5this Act.
6(Source: P.A. 102-604, eff. 1-1-22; 102-861, eff. 1-1-23;
7102-953, eff. 5-27-22; 103-22, eff. 8-8-23; 103-154, eff.
86-30-23.)