HB0122 Engrossed LRB095 03940 RAS 23973 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Regulatory Sunset Act is amended by changing
5 Section 4.18 and by adding Section 4.28 as follows:
 
6     (5 ILCS 80/4.18)
7     Sec. 4.18. Acts repealed January 1, 2008. The following
8 Acts are repealed on January 1, 2008:
9     The Acupuncture Practice Act.
10     The Clinical Social Work and Social Work Practice Act.
11     The Home Medical Equipment and Services Provider License
12 Act.
13     The Nursing and Advanced Practice Nursing Act.
14     The Illinois Petroleum Education and Marketing Act.
15     The Illinois Speech-Language Pathology and Audiology
16 Practice Act.
17     The Marriage and Family Therapy Licensing Act.
18     The Nursing Home Administrators Licensing and Disciplinary
19 Act.
20     The Pharmacy Practice Act of 1987.
21     The Physician Assistant Practice Act of 1987.
22     The Podiatric Medical Practice Act of 1987.
23     The Structural Pest Control Act.

 

 

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1 (Source: P.A. 94-754, eff. 5-10-06.)
 
2     (5 ILCS 80/4.28 new)
3     Sec. 4.28. Act repealed on January 1, 2018. The following
4 Act is repealed on January 1, 2018:
5     The Marriage and Family Therapy Licensing Act.
 
6     Section 10. The Marriage and Family Therapy Licensing Act
7 is amended by changing Sections 10, 25, 30, 60, 65, 85, 90, 95,
8 105, 110, 115, 120, 125, 130, and 145 and by adding Section 91
9 as follows:
 
10     (225 ILCS 55/10)  (from Ch. 111, par. 8351-10)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 10. Definitions. As used in this Act:
13     "Advertise" means, but is not limited to, issuing or
14 causing to be distributed any card, sign or device to any
15 person; or causing, permitting or allowing any sign or marking
16 on or in any building, structure, newspaper, magazine or
17 directory, or on radio or television; or advertising by any
18 other means designed to secure public attention.
19     "Approved program" means an approved comprehensive program
20 of study in marriage and family therapy in a regionally
21 accredited educational institution approved by the Department
22 for the training of marriage and family therapists.
23     "Associate licensed marriage and family therapist" means a

 

 

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1 person to whom an associate marriage and family therapist
2 license has been issued under this Act.
3     "Board" means the Illinois Marriage and Family Therapy
4 Licensing and Disciplinary Board.
5     "Department" means the Department of Financial and
6 Professional Regulation.
7     "Director" means the Director of the Department of
8 Professional Regulation.
9     "License" means that which is required to practice marriage
10 and family therapy under this Act, the qualifications for which
11 include specific education, acceptable experience and
12 examination requirements.
13     "Licensed marriage and family therapist" means a person to
14 whom a marriage and family therapist license has been issued
15 under this Act.
16     "Marriage and family therapy" means the evaluation and
17 treatment of mental and emotional problems within the context
18 of human relationships. Marriage and family therapy involves
19 the use of psychotherapeutic methods to ameliorate
20 interpersonal and intrapersonal conflict and to modify
21 perceptions, beliefs and behavior in areas of human life that
22 include, but are not limited to, premarriage, marriage,
23 sexuality, family, divorce adjustment, and parenting.
24     "Person" means any individual, firm, corporation,
25 partnership, organization, or body politic.
26     "Practice of marriage and family therapy" means the

 

 

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1 rendering of marriage and family therapy services to
2 individuals, couples, and families as defined in this Section,
3 either singly or in groups, whether the services are offered
4 directly to the general public or through organizations, either
5 public or private, for a fee, monetary or otherwise.
6     "Secretary" means the Secretary of Financial and
7 Professional Regulation.
8     "Title or description" means to hold oneself out as a
9 licensed marriage and family therapist or an associate licensed
10 marriage and family therapist to the public by means of stating
11 on signs, mailboxes, address plates, stationery,
12 announcements, calling cards or other instruments of
13 professional identification.
14 (Source: P.A. 91-362, eff. 1-1-00.)
 
15     (225 ILCS 55/25)  (from Ch. 111, par. 8351-25)
16     (Section scheduled to be repealed on January 1, 2008)
17     Sec. 25. Marriage and Family Therapy Licensing and
18 Disciplinary Board.
19     (a) There is established within the Department the Marriage
20 and Family Therapy Licensing and Disciplinary Board to be
21 appointed by the Secretary Director. The Board shall be
22 composed of 7 persons who shall serve in an advisory capacity
23 to the Secretary Director. The Board shall elect a chairperson
24 and a vice chairperson.
25     (b) In appointing members of the Board, the Secretary

 

 

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1 Director shall give due consideration to recommendations by
2 members of the profession of marriage and family therapy and by
3 the statewide organizations solely representing the interests
4 of marriage and family therapists.
5     (c) Five members of the Board shall be marriage and family
6 therapists who have been in active practice for at least 5
7 years immediately preceding their appointment, or engaged in
8 the education and training of masters, doctoral, or
9 post-doctoral students of marriage and family therapy, or
10 engaged in marriage and family therapy research. Each marriage
11 or family therapy teacher or researcher shall have spent the
12 majority of the time devoted to the study or research of
13 marriage and family therapy during the 2 years immediately
14 preceding his or her appointment to the Board. The appointees
15 shall be licensed under this Act.
16     (d) Two members shall be representatives of the general
17 public who have no direct affiliation or work experience with
18 the practice of marriage and family therapy and who clearly
19 represent consumer interests.
20     (e) Board members shall be appointed for terms of 4 years
21 each, except that any person chosen to fill a vacancy shall be
22 appointed only for the unexpired term of the Board member whom
23 he or she shall succeed. Upon the expiration of this term of
24 office, a Board member shall continue to serve until a
25 successor is appointed and qualified. No member shall be
26 reappointed to the Board for a term that would cause continuous

 

 

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1 service on the Board to be longer than 8 years.
2     (f) The membership of the Board shall reasonably reflect
3 representation from the various geographic areas of the State.
4     (g) Members of the Board shall be immune from suit in any
5 action based upon any disciplinary proceedings or other
6 activities performed in good faith as members of the Board.
7     (h) The Secretary Director may remove any member of the
8 Board for any cause that, in the opinion of the Secretary
9 Director, reasonably justifies termination.
10     (i) The Secretary Director may consider the
11 recommendations of the Board on questions of standards of
12 professional conduct, discipline, and qualification of
13 candidates or licensees under this Act.
14     (j) The members of the Board shall be reimbursed for all
15 legitimate, necessary, and authorized expenses.
16     (k) A majority of the Board members currently appointed
17 shall constitute a quorum. A vacancy in the membership of the
18 Board shall not impair the right of a quorum to exercise all
19 the rights and perform all the duties of the Board.
20 (Source: P.A. 90-61, eff. 12-30-97.)
 
21     (225 ILCS 55/30)  (from Ch. 111, par. 8351-30)
22     (Section scheduled to be repealed on January 1, 2008)
23     Sec. 30. Application.
24     (a) Applications for original licensure shall be made to
25 the Department in writing on forms prescribed by the Department

 

 

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1 and shall be accompanied by the appropriate documentation and
2 the required fee, which fee is nonrefundable. Any application
3 shall require such information as, in the judgment of the
4 Department, will enable the Department to pass on the
5 qualifications of the applicant for licensing.
6     (b) Applicants have 3 years from the date of application to
7 complete the application process. If the application has not
8 been completed within 3 years, the application shall be denied,
9 the fee shall be forfeited, and the applicant must reapply and
10 meet the requirements in effect at the time of reapplication.
11     (c) A license shall not be denied to an applicant because
12 of the applicant's race, religion, creed, national origin,
13 political beliefs or activities, age, sex, sexual orientation,
14 or physical disability that does not affect a person's ability
15 to practice with reasonable judgment, skill, or safety
16 impairment.
17 (Source: P.A. 90-61, eff. 12-30-97.)
 
18     (225 ILCS 55/60)  (from Ch. 111, par. 8351-60)
19     (Section scheduled to be repealed on January 1, 2008)
20     Sec. 60. Payments; penalty for insufficient funds. Any
21 person who delivers a check or other payment to the Department
22 that is returned to the Department unpaid by the financial
23 institution upon which it is drawn shall pay to the Department,
24 in addition to the amount already owed to the Department, a
25 fine of $50. The fines imposed by this Section are in addition

 

 

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1 to any other discipline provided under this Act prohibiting
2 unlicensed practice or practice on a nonrenewed license. The
3 Department shall notify the person that payment of fees and
4 fines shall be paid to the Department by certified check or
5 money order within 30 calendar days after notification. If,
6 after the expiration of 30 days from the date of the
7 notification, the person has failed to submit the necessary
8 remittance, the Department shall automatically terminate the
9 license or deny the application, without hearing. If, after
10 termination or denial, the person seeks a license, he or she
11 shall apply to the Department for restoration or issuance of
12 the license and pay all fees and fines due to the Department.
13 The Department may establish a fee for the processing of an
14 application for restoration of a license to pay all expenses of
15 processing this application. The Secretary Director may waive
16 the fines due under this Section in individual cases where the
17 Secretary Director finds that the fines would be unreasonable
18 or unnecessarily burdensome.
19 (Source: P.A. 92-146, eff. 1-1-02.)
 
20     (225 ILCS 55/65)  (from Ch. 111, par. 8351-65)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 65. Endorsement. The Department may issue a license as
23 a licensed marriage and family therapist, without the required
24 examination, to an applicant licensed under the laws of another
25 state if the requirements for licensure in that state are, on

 

 

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1 the date of licensure, substantially equal to the requirements
2 of this Act or to a person who, at the time of his or her
3 application for licensure, possessed individual qualifications
4 that were substantially equivalent to the requirements then in
5 force in this State. An applicant under this Section shall pay
6 all of the required fees.
7     Applicants have 3 years from the date of application to
8 complete the application process. If the process has not been
9 completed within the 3 years, the application shall be denied,
10 the fee shall be forfeited, and the applicant must reapply and
11 meet the requirements in effect at the time of reapplication.
12 (Source: P.A. 90-61, eff. 12-30-97.)
 
13     (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
14     (Section scheduled to be repealed on January 1, 2008)
15     Sec. 85. Refusal, revocation, or suspension.
16     (a) The Department may refuse to issue or renew, or may
17 revoke a license, or may suspend, place on probation, fine, or
18 take any disciplinary or non-disciplinary action as the
19 Department may deem proper, including fines not to exceed
20 $10,000 $1000 for each violation, with regard to any licensee
21 for any one or combination of the following causes:
22         (1) Material misstatement in furnishing information to
23     the Department.
24         (2) Violations of this Act or its rules.
25         (3) Conviction of or entry of a plea of guilty or nolo

 

 

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1     contendere to any crime that is a felony under the laws of
2     the United States or any state or territory thereof or that
3     is (i) a felony, (ii) a misdemeanor, an essential element
4     of which is dishonesty, or (iii) a crime that is related to
5     the practice of the profession.
6         (4) Making any misrepresentation for the purpose of
7     obtaining a license or violating any provision of this Act
8     or its rules.
9         (5) Professional incompetence or gross negligence.
10         (6) Gross negligence Malpractice.
11         (7) Aiding or assisting another person in violating any
12     provision of this Act or its rules.
13         (8) Failing, within 30 60 days, to provide information
14     in response to a written request made by the Department.
15         (9) Engaging in dishonorable, unethical, or
16     unprofessional conduct of a character likely to deceive,
17     defraud or harm the public as defined by the rules of the
18     Department, or violating the rules of professional conduct
19     adopted by the Board and published by the Department.
20         (10) Habitual or excessive use or addiction to alcohol,
21     narcotics, stimulants, or any other chemical agent or drug
22     that results in the inability to practice with reasonable
23     judgment, skill, or safety.
24         (11) Discipline by another state, territory, or
25     country if at least one of the grounds for the discipline
26     is the same or substantially equivalent to those set forth

 

 

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1     in this Act.
2         (12) Directly or indirectly giving to or receiving from
3     any person, firm, corporation, partnership or association
4     any fee, commission, rebate, or other form of compensation
5     for any professional services not actually or personally
6     rendered.
7         (13) A finding by the Department that the licensee,
8     after having his or her license placed on probationary
9     status, has violated the terms of probation.
10         (14) Abandonment of a patient without cause.
11         (15) Willfully making or filing false records or
12     reports relating to a licensee's practice, including but
13     not limited to false records filed with State agencies or
14     departments.
15         (16) Wilfully failing to report an instance of
16     suspected child abuse or neglect as required by the Abused
17     and Neglected Child Reporting Act.
18         (17) Being named as a perpetrator in an indicated
19     report by the Department of Children and Family Services
20     under the Abused and Neglected Child Reporting Act and upon
21     proof by clear and convincing evidence that the licensee
22     has caused a child to be an abused child or neglected child
23     as defined in the Abused and Neglected Child Reporting Act.
24         (18) Physical illness or mental illness or impairment
25     disability, including, but not limited to, deterioration
26     through the aging process, or loss of motor skill abilities

 

 

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1     and skills that results in the inability to practice the
2     profession with reasonable judgment, skill, or safety.
3         (19) Solicitation of professional services by using
4     false or misleading advertising.
5         (20) A finding that licensure has been applied for or
6     obtained by fraudulent means.
7         (21) Practicing or attempting to practice under a name
8     other than the full name as shown on the license or any
9     other legally authorized name.
10         (22) Gross overcharging for professional services
11     including filing statements for collection of fees or
12     moneys for which services are not rendered.
13     (b) The Department shall deny any application for a
14 license, without hearing, or renewal, without hearing, under
15 this Act to any person who has defaulted on an educational loan
16 guaranteed by the Illinois Student Assistance Commission;
17 however, the Department may issue a license or renewal if the
18 person in default has established a satisfactory repayment
19 record as determined by the Illinois Student Assistance
20 Commission.
21     (c) The determination by a circuit court that a licensee is
22 subject to involuntary admission or judicial admission, as
23 provided in the Mental Health and Developmental Disabilities
24 Code, operates as an automatic suspension. The suspension will
25 terminate only upon a finding by a court that the patient is no
26 longer subject to involuntary admission or judicial admission

 

 

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1 and the issuance of an order so finding and discharging the
2 patient, and upon the recommendation of the Board to the
3 Secretary Director that the licensee be allowed to resume his
4 or her practice as a licensed marriage and family therapist or
5 an associate marriage and family therapist.
6     (d) The Department may refuse to issue or may suspend the
7 license of any person who fails to file a return, pay the tax,
8 penalty, or interest shown in a filed return or pay any final
9 assessment of tax, penalty, or interest, as required by any tax
10 Act administered by the Illinois Department of Revenue, until
11 the time the requirements of the tax Act are satisfied.
12     (e) In enforcing this Section, the Department or Board upon
13 a showing of a possible violation may compel an individual
14 licensed to practice under this Act, or who has applied for
15 licensure under this Act, to submit to a mental or physical
16 examination, or both, as required by and at the expense of the
17 Department. The Department or Board may order the examining
18 physician to present testimony concerning the mental or
19 physical examination of the licensee or applicant. No
20 information shall be excluded by reason of any common law or
21 statutory privilege relating to communications between the
22 licensee or applicant and the examining physician. The
23 examining physicians shall be specifically designated by the
24 Board or Department. The individual to be examined may have, at
25 his or her own expense, another physician of his or her choice
26 present during all aspects of this examination. Failure of an

 

 

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1 individual to submit to a mental or physical examination, when
2 directed, shall be grounds for suspension of his or her license
3 until the individual submits to the examination if the
4 Department finds, after notice and hearing, that the refusal to
5 submit to the examination was without reasonable cause.
6     If the Department or Board finds an individual unable to
7 practice because of the reasons set forth in this Section, the
8 Department or Board may require that individual to submit to
9 care, counseling, or treatment by physicians approved or
10 designated by the Department or Board, as a condition, term, or
11 restriction for continued, reinstated, or renewed licensure to
12 practice; or, in lieu of care, counseling, or treatment, the
13 Department may file, or the Board may recommend to the
14 Department to file, a complaint to immediately suspend, revoke,
15 or otherwise discipline the license of the individual. An
16 individual whose license was granted, continued, reinstated,
17 renewed, disciplined or supervised subject to such terms,
18 conditions, or restrictions, and who fails to comply with such
19 terms, conditions, or restrictions, shall be referred to the
20 Secretary Director for a determination as to whether the
21 individual shall have his or her license suspended immediately,
22 pending a hearing by the Department.
23     In instances in which the Secretary Director immediately
24 suspends a person's license under this Section, a hearing on
25 that person's license must be convened by the Department within
26 30 15 days after the suspension and completed without

 

 

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1 appreciable delay. The Department and Board shall have the
2 authority to review the subject individual's record of
3 treatment and counseling regarding the impairment to the extent
4 permitted by applicable federal statutes and regulations
5 safeguarding the confidentiality of medical records.
6     An individual licensed under this Act and affected under
7 this Section shall be afforded an opportunity to demonstrate to
8 the Department or Board that he or she can resume practice in
9 compliance with acceptable and prevailing standards under the
10 provisions of his or her license.
11 (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
 
12     (225 ILCS 55/90)  (from Ch. 111, par. 8351-90)
13     (Section scheduled to be repealed on January 1, 2008)
14     Sec. 90. Violations; injunctions; cease and desist order.
15     (a) If any person violates a provision of this Act, the
16 Secretary Director may, in the name of the People of the State
17 of Illinois, through the Attorney General of the State of
18 Illinois, petition for an order enjoining the violation or for
19 an order enforcing compliance with this Act. Upon the filing of
20 a verified petition in court, the court may issue a temporary
21 restraining order, without notice or bond, and may
22 preliminarily and permanently enjoin the violation. If it is
23 established that the person has violated or is violating the
24 injunction, the Court may punish the offender for contempt of
25 court. Proceedings under this Section are in addition to, and

 

 

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1 not in lieu of, all other remedies and penalties provided by
2 this Act.
3     (b) If any person practices as a marriage and family
4 therapist or an associate marriage and family therapist or
5 holds himself or herself out as such without having a valid
6 license under this Act, then any licensee, any interested party
7 or any person injured thereby may, in addition to the Secretary
8 Director, petition for relief as provided in subsection (a) of
9 this Section.
10     (c) Whenever in the opinion of the Department any person
11 violates any provision of this Act, the Department may issue a
12 rule to show cause why an order to cease and desist should not
13 be entered against him or her. The rule shall clearly set forth
14 the grounds relied upon by the Department and shall provide a
15 period of 7 days from the date of the rule to file an answer to
16 the satisfaction of the Department. Failure to answer to the
17 satisfaction of the Department shall cause an order to cease
18 and desist to be issued immediately.
19 (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
 
20     (225 ILCS 55/91 new)
21     Sec. 91. Unlicensed practice; civil penalty.
22     (a) Any person who practices, offers to practice, attempts
23 to practice, or holds himself or herself out to practice as a
24 licensed marriage and family therapist without being licensed
25 under this Act shall, in addition to any other penalty provided

 

 

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1 by law, pay a civil penalty to the Department in an amount not
2 to exceed $10,000 for each offense, as determined by the
3 Department. The civil penalty shall be assessed by the
4 Department after a hearing is held in accordance with the
5 provisions set forth in this Act regarding the provision of a
6 hearing for the discipline of a licensee.
7     (b) The Department may investigate any and all unlicensed
8 activity.
9     (c) The civil penalty shall be paid within 60 days after
10 the effective date of the order imposing the civil penalty. The
11 order shall constitute a judgment and may be filed and
12 execution had thereon in the same manner as any judgment from
13 any court of record.
 
14     (225 ILCS 55/95)  (from Ch. 111, par. 8351-95)
15     (Section scheduled to be repealed on January 1, 2008)
16     Sec. 95. Investigation; notice and hearing. The Department
17 may investigate the actions or qualifications of any person or
18 persons holding or claiming to hold a license. Before
19 suspending, revoking, placing on probationary status, or
20 taking any other disciplinary action as the Department may deem
21 proper with regard to any license, at least 30 days before the
22 date set for the hearing, the Department shall (i) notify the
23 accused in writing of any charges made and the time and place
24 for a hearing on the charges before the Board, (ii) direct him
25 or her to file a written answer to the charges with the Board

 

 

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1 under oath within 20 days after the service on him or her of
2 such notice, and (iii) inform him or her that if he or she
3 fails to file an answer, default will be taken against him or
4 her and his or her license may be suspended, revoked, placed on
5 probationary status, or other disciplinary action taken with
6 regard to the license, including limiting the scope, nature, or
7 extent of his or her practice, as the Department may deem
8 proper. In case the person, after receiving notice, fails to
9 file an answer, his or her license may, in the discretion of
10 the Department, be suspended, revoked, placed on probationary
11 status, or the Department may take whatever disciplinary action
12 deemed proper, including limiting the scope, nature, or extent
13 of the person's practice or the imposition of a fine, without a
14 hearing, if the act or acts charged constitute sufficient
15 grounds for such action under this Act. This written notice and
16 any notice in the subsequent proceedings may be served by
17 personal delivery to the accused person, or by registered or
18 certified mail to the address last specified by the accused in
19 his last notification to the Department. In case the person
20 fails to file an answer after receiving notice, his or her
21 license may, in the discretion of the Department, be suspended,
22 revoked, or placed on probationary status, or the Department
23 may take whatever disciplinary action deemed proper, including
24 limiting the scope, nature, or extent of the person's practice
25 or the imposition of a fine, without a hearing, if the act or
26 acts charged constitute sufficient grounds for such action

 

 

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1 under this Act. The written answer shall be served by personal
2 delivery, certified delivery, or certified or registered mail
3 to the Department. At the time and place fixed in the notice,
4 the Department shall proceed to hear the charges and the
5 parties or their counsel shall be accorded ample opportunity to
6 present such statements, testimony, evidence, and argument as
7 may be pertinent to the charges or to the defense thereto. The
8 Department may continue such hearing from time to time. At the
9 discretion of the Secretary Director after having first
10 received the recommendation of the Board, the accused person's
11 license may be suspended or revoked, if the evidence
12 constitutes sufficient grounds for such action under this Act.
13 (Source: P.A. 90-61, eff. 12-30-97; 90-655, eff. 7-30-98.)
 
14     (225 ILCS 55/105)  (from Ch. 111, par. 8351-105)
15     (Section scheduled to be repealed on January 1, 2008)
16     Sec. 105. Subpoenas; oaths; attendance of witnesses. The
17 Department has the power to subpoena and to bring before it any
18 person and to take testimony either orally or by deposition, or
19 both, with the same fees and mileage and in the same manner as
20 prescribed in civil cases in the courts of this State.
21     The Secretary Director, the designated hearing officer,
22 and every member of the Board has power to administer oaths to
23 witnesses at any hearing that the Department is authorized to
24 conduct and any other oaths authorized in any Act administered
25 by the Department. Any circuit court may, upon application of

 

 

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1 the Department or its designee, or of the applicant or licensee
2 against whom proceedings under this Act are pending, enter an
3 order requiring the attendance of witnesses and their
4 testimony, and the production of documents, papers, files,
5 books and records in connection with any hearing or
6 investigation. The court may compel obedience to its order by
7 proceedings for contempt.
8 (Source: P.A. 87-783; 87-1237.)
 
9     (225 ILCS 55/110)  (from Ch. 111, par. 8351-110)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 110. Recommendations for disciplinary action. At the
12 conclusion of the hearing, the Board shall present to the
13 Secretary Director a written report of its findings and
14 recommendations. The report shall contain a finding whether or
15 not the accused person violated this Act or failed to comply
16 with the conditions required in this Act. The Board shall
17 specify the nature of the violation or failure to comply, and
18 shall make its recommendations to the Secretary Director.
19     The report of findings and recommendations of the Board
20 shall be the basis for the Department's order for refusal or
21 for the granting of a license, or for any disciplinary action,
22 unless the Secretary Director shall determine that the Board's
23 report is contrary to the manifest weight of the evidence, in
24 which case the Secretary Director may issue an order in
25 contravention of the Board's report. The finding is not

 

 

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1 admissible in evidence against the person in a criminal
2 prosecution brought for the violation of this Act, but the
3 hearing and finding are not a bar to a criminal prosecution
4 brought for the violation of this Act.
5 (Source: P.A. 87-783.)
 
6     (225 ILCS 55/115)  (from Ch. 111, par. 8351-115)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 115. Rehearing. In any hearing involving disciplinary
9 action against a licensee, a copy of the Board's report shall
10 be served upon the respondent by the Department, either
11 personally or as provided in this Act for the service of the
12 notice of hearing. Within 20 calendar days after service, the
13 respondent may present to the Department a motion in writing
14 for a rehearing that shall specify the particular grounds for
15 rehearing. If no motion for rehearing is filed, then upon the
16 expiration of the time specified for filing a motion, or if a
17 motion for rehearing is denied, then upon denial, the Secretary
18 Director may enter an order in accordance with recommendations
19 of the Board, except as provided in this Act. If the respondent
20 orders from the reporting service, and pays for, a transcript
21 of the record within the time for filing a motion for
22 rehearing, the 20 calendar day period within which a motion may
23 be filed shall commence upon the delivery of the transcript to
24 the respondent.
25 (Source: P.A. 87-783; 87-1237; 88-45.)
 

 

 

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1     (225 ILCS 55/120)  (from Ch. 111, par. 8351-120)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 120. Hearing by other hearing officer examiner.
4 Whenever the Secretary Director is not satisfied that
5 substantial justice has been done in the revocation, suspension
6 or refusal to issue or renew a license, the Secretary Director
7 may order a rehearing by the same or other hearing officer
8 examiners.
9 (Source: P.A. 87-783.)
 
10     (225 ILCS 55/125)  (from Ch. 111, par. 8351-125)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 125. Appointment of a hearing officer. The Secretary
13 Director has the authority to appoint any attorney duly
14 licensed to practice law in the State of Illinois to serve as
15 the hearing officer in any action for refusal to issue or renew
16 a license, or to discipline a licensee. The hearing officer has
17 full authority to conduct the hearing. The hearing officer
18 shall report his findings and recommendations to the Board and
19 the Secretary Director. The Board has 60 calendar days from
20 receipt of the report to review the report of the hearing
21 officer and present its findings of fact, conclusions of law
22 and recommendations to the Secretary Director. If the Board
23 fails to present its report within the 60 calendar day period,
24 the respondent may request in writing a direct appeal to the

 

 

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1 Secretary, in which case the Secretary shall, within 7 calendar
2 days after the request, issue an order directing the Board to
3 issue its findings of fact, conclusions of law, and
4 recommendations to the Secretary within 30 calendar days after
5 such order. If the Board fails to issue its findings of fact,
6 conclusions of law, and recommendations within that time frame
7 to the Secretary after the entry of such order, the Secretary
8 shall, within 30 calendar days thereafter, issue an order based
9 upon the report of the hearing officer and the record of the
10 proceedings or issue an order remanding the matter back to the
11 hearing officer for additional proceedings in accordance with
12 the order. If (i) a direct appeal is requested, (ii) the Board
13 fails to issue its findings of fact, conclusions of law, and
14 recommendations within the 30-day mandate from the Secretary or
15 the Secretary fails to order the Board to do so, and (iii) the
16 Secretary fails to issue an order within 30 calendar days
17 thereafter, then the hearing officer's report is deemed
18 accepted and a final decision of the Secretary. Notwithstanding
19 any other provision of this Section, if the Secretary, upon
20 review, determines that substantial justice has not been done
21 in the revocation, suspension, or refusal to issue or renew a
22 license or other disciplinary action taken as the result of the
23 entry of the hearing officer's report, the Secretary may order
24 a rehearing by the same or other examiners the Director may
25 issue an order based on the report of the hearing officer. If
26 the Secretary Director disagrees with the recommendation of the

 

 

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1 Board or the hearing officer, the Secretary Director may issue
2 an order in contravention of the recommendation.
3 (Source: P.A. 87-783; 87-1237.)
 
4     (225 ILCS 55/130)  (from Ch. 111, par. 8351-130)
5     (Section scheduled to be repealed on January 1, 2008)
6     Sec. 130. Order; certified copy. An order or a certified
7 copy thereof, over the seal of the Department and purporting to
8 be signed by the Secretary Director, shall be prima facie
9 proof:
10     (a) that the signature is the genuine signature of the
11 Secretary Director;
12     (b) that the Secretary Director is duly appointed and
13 qualified; and
14     (c) that the Board and its members are qualified to act.
15 (Source: P.A. 87-783.)
 
16     (225 ILCS 55/145)  (from Ch. 111, par. 8351-145)
17     (Section scheduled to be repealed on January 1, 2008)
18     Sec. 145. Summary suspension. The Secretary Director may
19 summarily suspend the license of a marriage and family
20 therapist or an associate marriage and family therapist without
21 a hearing, simultaneously with the institution of proceedings
22 for a hearing provided for in this Act, if the Secretary
23 Director finds that evidence in his or her possession indicates
24 that a marriage and family therapist's or associate marriage

 

 

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1 and family therapist's continuation in practice would
2 constitute an imminent danger to the public. In the event that
3 the Secretary Director summarily suspends the license of a
4 marriage and family therapist or an associate marriage and
5 family therapist without a hearing, a hearing by the Board must
6 be held within 30 calendar days after the suspension has
7 occurred.
8 (Source: P.A. 91-362, eff. 1-1-00.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.