Sen. Emil Jones Jr.

Filed: 2/28/2007

 

 


 

 


 
09500SB0128sam001 LRB095 05003 RAS 32155 a

1
AMENDMENT TO SENATE BILL 128

2     AMENDMENT NO. ______. Amend Senate Bill 128 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Regulatory Sunset Act is amended by
5 changing 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 Acts repealed January 1, 2008 and December 31,
8 2008.
9     (a) The following Acts are repealed on January 1, 2008:
10         The Acupuncture Practice Act.
11         The Clinical Social Work and Social Work Practice Act.
12         The Home Medical Equipment and Services Provider
13     License Act.
14         The Nursing and Advanced Practice Nursing Act.
15         The Illinois Speech-Language Pathology and Audiology
16     Practice Act.

 

 

09500SB0128sam001 - 2 - LRB095 05003 RAS 32155 a

1         The Marriage and Family Therapy Licensing Act.
2         The Nursing Home Administrators Licensing and
3     Disciplinary Act.
4         The Pharmacy Practice Act of 1987.
5         The Physician Assistant Practice Act of 1987.
6         The Podiatric Medical Practice Act of 1987.
7         The Structural Pest Control Act.
8     (b) The following Acts are repealed on December 31, 2008:
9         The Medical Practice Act of 1987.
10         The Environmental Health Practitioner Licensing Act.
11 (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06;
12 94-1085, eff. 1-19-07; revised 1-22-07.)
 
13     (5 ILCS 80/4.28 new)
14     Sec. 4.28. Act repealed on January 1, 2018. The following
15 Act is repealed on January 1, 2018:
16     The Clinical Social Work and Social Work Practice Act.
 
17     Section 10. The Clinical Social Work and Social Work
18 Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5,
19 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and
20 by adding Section 7.3 as follows:
 
21     (225 ILCS 20/3)  (from Ch. 111, par. 6353)
22     (Section scheduled to be repealed on January 1, 2008)
23     Sec. 3. Definitions: The following words and phrases shall

 

 

09500SB0128sam001 - 3 - LRB095 05003 RAS 32155 a

1 have the meanings ascribed to them in this Section unless the
2 context clearly indicates otherwise:
3     1. "Department" means the Department of Financial and
4 Professional Regulation.
5     2. "Secretary Director" means the Secretary Director of
6 Financial and the Department of Professional Regulation.
7     3. "Board" means the Social Work Examining and Disciplinary
8 Board.
9     4. "Licensed Clinical Social Worker" means a person who
10 holds a license authorizing the independent practice of
11 clinical social work in Illinois under the auspices of an
12 employer or in private practice.
13     5. "Clinical social work practice" means the providing of
14 mental health services for the evaluation, treatment, and
15 prevention of mental and emotional disorders in individuals,
16 families and groups based on knowledge and theory of
17 psychosocial development, behavior, psychopathology,
18 unconscious motivation, interpersonal relationships, and
19 environmental stress.
20     6. "Treatment procedures" means among other things,
21 individual, marital, family and group psychotherapy.
22     7. "Independent practice of clinical social work" means the
23 application of clinical social work knowledge and skills by a
24 licensed clinical social worker who regulates and is
25 responsible for her or his own practice or treatment
26 procedures.

 

 

09500SB0128sam001 - 4 - LRB095 05003 RAS 32155 a

1     8. "License" means that which is required to practice
2 clinical social work or social work under this Act, the
3 qualifications for which include specific education,
4 acceptable experience and examination requirements.
5     9. "Licensed social worker" means a person who holds a
6 license authorizing the practice of social work, which includes
7 social services to individuals, groups or communities in any
8 one or more of the fields of social casework, social group
9 work, community organization for social welfare, social work
10 research, social welfare administration or social work
11 education. Social casework and social group work may also
12 include clinical social work, as long as it is not conducted in
13 an independent practice, as defined in this Section.
14     10. "Address of record" means the address recorded by the
15 Department in the applicant's or licensee's application file or
16 license file, as maintained by the Department's licensure
17 maintenance unit.
18 (Source: P.A. 85-1440.)
 
19     (225 ILCS 20/5)  (from Ch. 111, par. 6355)
20     (Section scheduled to be repealed on January 1, 2008)
21     Sec. 5. Powers and duties of the Department.
22     1. The Department shall exercise the powers and duties as
23 set forth in this Act.
24     2. The Secretary Director shall promulgate rules
25 consistent with the provisions of this Act for the

 

 

09500SB0128sam001 - 5 - LRB095 05003 RAS 32155 a

1 administration and enforcement thereof, and shall prescribe
2 forms which shall be issued in connection therewith.
3     3. In addition, the Department shall:
4     (a) Establish rules for determining approved undergraduate
5 and graduate social work degree programs and prepare and
6 maintain a list of colleges and universities offering such
7 approved programs whose graduates, if they otherwise meet the
8 requirements of this Act, are eligible to apply for a license.
9     (b) Promulgate rules, as may be necessary, for the
10 administration of this Act and to carry out the purposes
11 thereof and to adopt the methods of examination of candidates
12 and to provide for the issuance of licenses authorizing the
13 independent practice of clinical social work or the practice of
14 social work.
15     (c) Authorize examinations to ascertain the qualifications
16 and fitness of candidates for a license to engage in the
17 independent practice of clinical social work and in the
18 practice of social work, and to determine the qualifications of
19 applicants from other jurisdictions to practice in Illinois.
20     (d) Maintain rosters of the names and addresses of all
21 licensees, and all persons whose licenses have been suspended,
22 revoked or denied renewal for cause within the previous
23 calendar year. These rosters shall be available upon written
24 request and payment of the required fee.
25 (Source: P.A. 85-1131.)
 

 

 

09500SB0128sam001 - 6 - LRB095 05003 RAS 32155 a

1     (225 ILCS 20/6)  (from Ch. 111, par. 6356)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 6. Social Work Examining and Disciplinary Board.
4     (1) The Secretary may Director shall appoint a Social Work
5 Examining and Disciplinary Board consisting of 9 persons who
6 shall serve in an advisory capacity to the Secretary Director.
7 The Board shall be composed of 5 licensed clinical social
8 workers, one of whom shall be a certified school social worker,
9 one of whom shall be employed in the private not-for-profit
10 sector and one of whom shall serve as the chairperson, two
11 licensed social workers, and 2 members of the public who are
12 not regulated under this Act or a similar Act and who clearly
13 represent consumer interests.
14     (2) Members shall serve for a term of 4 years and until
15 their successors are appointed and qualified. No member shall
16 be reappointed if such reappointment would cause that person's
17 service on the Board to be longer than 8 successive years.
18 Appointments to fill vacancies for the unexpired portion of a
19 vacated term shall be made in the same manner as original
20 appointments.
21     (3) The membership of the Board should reasonably reflect
22 representation from different geographic areas of Illinois.
23     (4) The Secretary Director may terminate the appointment of
24 any member for cause.
25     (5) The Secretary Director shall consider the
26 recommendation of the Board on all matters and questions

 

 

09500SB0128sam001 - 7 - LRB095 05003 RAS 32155 a

1 relating to this Act.
2     (6) The Board is charged with the duties and
3 responsibilities of recommending to the Secretary Director the
4 adoption of all policies, procedures and rules which may be
5 required or deemed advisable in order to perform the duties and
6 functions conferred on the Board, the Secretary Director and
7 the Department to carry out the provisions of this Act.
8     (7) The Board may shall make recommendations on all matters
9 relating to continuing education including the number of hours
10 necessary for license renewal, waivers for those unable to meet
11 such requirements and acceptable course content. Such
12 recommendations shall not impose an undue burden on the
13 Department or an unreasonable restriction on those seeking
14 license renewal.
15     (8) The Board shall annually elect one of its members as
16 chairperson and one as vice chairperson.
17     (9) Members of the Board shall be reimbursed for all
18 authorized legitimate and necessary expenses incurred in
19 attending the meetings of the Board.
20     (10) A majority of the Board members currently appointed
21 shall constitute a quorum. A vacancy in the membership of the
22 Board shall not impair the right of a quorum to perform all of
23 the duties of the Board.
24     (11) Members of the Board shall have no liability in an
25 action based upon a disciplinary proceeding or other activity
26 performed in good faith as a member of the Board.

 

 

09500SB0128sam001 - 8 - LRB095 05003 RAS 32155 a

1 (Source: P.A. 90-150, eff. 12-30-97.)
 
2     (225 ILCS 20/7.3 new)
3     Sec. 7.3. Change of address. An applicant or licensee must
4 inform the Department of any change of address, and such
5 changes must be made either through the Department's website or
6 by contacting the Department's licensure maintenance unit.
 
7     (225 ILCS 20/9)  (from Ch. 111, par. 6359)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 9. Qualification for clinical social worker license
10 License. A person shall be qualified to be licensed as a
11 clinical social worker and the Department shall issue a license
12 authorizing the independent practice of clinical social work to
13 an applicant who:
14     (1) has applied in writing on the prescribed form;
15     (2) is of good moral character. In determining good moral
16 character, the Department may take into consideration whether
17 the applicant was engaged in conduct or actions that would
18 constitute grounds for discipline under this Act;
19     (3) (A) demonstrates to the satisfaction of the Department
20     that subsequent to securing a master's degree in social
21     work from an approved program the applicant has
22     successfully completed at least 3,000 hours of
23     satisfactory, supervised clinical professional experience;
24     or

 

 

09500SB0128sam001 - 9 - LRB095 05003 RAS 32155 a

1         (B) demonstrates to the satisfaction of the Department
2     that such applicant has received a doctor's degree in
3     social work from an approved program and has completed at
4     least 2,000 hours of satisfactory, supervised clinical
5     professional experience subsequent to the degree;
6     (4) has passed the examination for the practice of clinical
7 social work as authorized by the Department; and
8     (5) has paid the required fees.
9 (Source: P.A. 90-150, eff. 12-30-97.)
 
10     (225 ILCS 20/10.5)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 10.5. Unlicensed practice; violation; civil penalty.
13     (a) Any person who practices, offers to practice, attempts
14 to practice, or holds himself or herself out to practice as a
15 clinical social worker or social worker without being licensed
16 or exempt under this Act shall, in addition to any other
17 penalty provided by law, pay a civil penalty to the Department
18 in an amount not to exceed $10,000 $5,000 for each offense, as
19 determined by the Department. The civil penalty shall be
20 assessed by the Department after a hearing is held in
21 accordance with the provisions set forth in this Act regarding
22 the provision of a hearing for the discipline of a licensee.
23     (b) The Department may investigate any actual, alleged, or
24 suspected unlicensed activity.
25     (c) The civil penalty shall be paid within 60 days after

 

 

09500SB0128sam001 - 10 - LRB095 05003 RAS 32155 a

1 the effective date of the order imposing the civil penalty. The
2 order shall constitute a judgment and may be filed and
3 execution had thereon in the same manner as any judgment from
4 any court of record.
5 (Source: P.A. 90-150, eff. 12-30-97.)
 
6     (225 ILCS 20/11)  (from Ch. 111, par. 6361)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 11. Licenses; renewal; restoration; person in
9 military service; inactive status.
10     (a) The expiration date and renewal period for each license
11 A license shall be issued for a 2 year period; however the
12 expiration date for licenses issued under this Act shall be set
13 by rule. The licensee may renew a license during the 60-day
14 30-day period preceding its the expiration date by paying the
15 required fee and by demonstrating compliance with any
16 continuing education requirements. The Department shall adopt
17 rules establishing minimum requirements of continuing
18 education and means for verification of the completion of the
19 continuing education requirements. The Department may, by
20 rule, specify circumstances under which the continuing
21 education requirements may be waived. Proof of having met the
22 minimum requirements of continuing education, as determined by
23 rule, shall be required for all license renewals. Pursuant to
24 rule, the continuing education requirements may, upon petition
25 to the Board, be waived in whole or in part for licensed social

 

 

09500SB0128sam001 - 11 - LRB095 05003 RAS 32155 a

1 workers or licensed clinical social workers who can demonstrate
2 their service in the Coast Guard or Armed Forces during the
3 period in question, an extreme hardship, or that the license
4 was obtained by examination or endorsement within the preceding
5 renewal period. The Department shall establish, by rule, a
6 means for the verification of completion of the continuing
7 education required by this Section. This verification may be
8 accomplished by audits of records maintained by licensees, by
9 requiring the filing of continuing education records with the
10 Department or an organization selected by the Department to
11 maintain these records, or by other means established by the
12 Department.
13     (b) Any person who has permitted a license to expire or who
14 has a license on inactive status may have it restored by
15 submitting making an application to the Department and filing
16 proof of fitness, as defined by rule, to have the license
17 restored, including, if appropriate, evidence, which is
18 satisfactory to the Department, certifying the active practice
19 of clinical social work or social work in another jurisdiction
20 and by paying the required fee.
21     (b-5) If the person has not maintained an active practice
22 in another jurisdiction which is satisfactory to the
23 Department, the Department shall determine, by an evaluation
24 program recommended by the Board and established by rule, the
25 person's fitness to resume active status and the Department may
26 require the person to pass an examination. The Department, with

 

 

09500SB0128sam001 - 12 - LRB095 05003 RAS 32155 a

1 the recommendation of the Board, may also require the person to
2 complete a specific period of evaluated clinical social work or
3 social work experience and may require successful completion of
4 an examination.
5     (b-7) Notwithstanding any other provision of this Act
6 However, any person whose license expired while on active duty
7 with the armed forces of the United States, while called into
8 service or training with the State Militia or in training or
9 education under the supervision of the United States government
10 prior to induction into the military service may have his or
11 her license restored without paying any renewal fees if, within
12 2 years after the honorable termination of that service,
13 training or education, except under conditions other than
14 honorable, the Department is furnished with satisfactory
15 evidence that the person has been so engaged and that the
16 service, training or education has been so terminated.
17     (c) A license to practice shall not be denied any applicant
18 because of the applicant's race, religion, creed, national
19 origin, political beliefs or activities, age, sex, sexual
20 orientation, or physical impairment. Any person who notifies
21 the Department, in writing on forms prescribed by the
22 Department, may place his license on inactive status and shall
23 be excused from the payment of renewal fees until the person
24 notifies the Department in writing of his intention to resume
25 active practice.
26     Any person requesting that his license be changed from

 

 

09500SB0128sam001 - 13 - LRB095 05003 RAS 32155 a

1 inactive to active status shall be required to pay the current
2 renewal fee and shall also demonstrate compliance with the
3 continuing education requirements.
4     (d)(Blank). Any licensed clinical social worker or
5 licensed social worker whose license is on inactive status
6 shall not engage in the independent practice of clinical social
7 work or in the practice of social work in the State of
8 Illinois. If an individual engages in the independent practice
9 of clinical social work or in the practice of social work while
10 on inactive status, that individual is considered to be
11 practicing without a license and is subject to the disciplinary
12 provisions of this Act.
13     (e) (Blank).
14     (f) (Blank).
15     (g) The Department shall indicate on each license the
16 academic degree of the licensee.
17 (Source: P.A. 90-150, eff. 12-30-97.)
 
18     (225 ILCS 20/12.5)
19     (Section scheduled to be repealed on January 1, 2008)
20     Sec. 12.5. Endorsement. The Department may issue a license
21 as a clinical social worker or as a social worker, without the
22 required examination, to an applicant licensed under the laws
23 of another jurisdiction if the requirements for licensure in
24 that jurisdiction are, on the date of licensure, substantially
25 equivalent to the requirements of this Act or to any person

 

 

09500SB0128sam001 - 14 - LRB095 05003 RAS 32155 a

1 who, at the time of his or her licensure, possessed individual
2 qualifications that were substantially equivalent to the
3 requirements then in force in this State. An applicant under
4 this Section shall pay the required fees.
5     Applicants have 3 years from the date of application to
6 complete the application process. If the process has not been
7 completed in 3 years, the application shall be denied, the fee
8 shall be forfeited, and the applicant must reapply and meet the
9 requirements in effect at the time of reapplication.
10 (Source: P.A. 90-150, eff. 12-30-97.)
 
11     (225 ILCS 20/14)  (from Ch. 111, par. 6364)
12     (Section scheduled to be repealed on January 1, 2008)
13     Sec. 14. Checks or order to Department dishonored because
14 of insufficient funds. Any person who delivers a check or other
15 payment to the Department that is returned to the Department
16 unpaid by the financial institution upon which it is drawn
17 shall pay to the Department, in addition to the amount already
18 owed to the Department, a fine of $50. The fines imposed by
19 this Section are in addition to any other discipline provided
20 under this Act for unlicensed practice or practice on a
21 nonrenewed license. The Department shall notify the person that
22 payment of fees and fines shall be paid to the Department by
23 certified check or money order within 30 calendar days of the
24 notification. If, after the expiration of 30 days from the date
25 of the notification, the person has failed to submit the

 

 

09500SB0128sam001 - 15 - LRB095 05003 RAS 32155 a

1 necessary remittance, the Department shall automatically
2 terminate the license or certificate or deny the application,
3 without hearing. If, after termination or denial, the person
4 seeks a license or certificate, he or she shall apply to the
5 Department for restoration or issuance of the license or
6 certificate and pay all fees and fines due to the Department.
7 The Department may establish a fee for the processing of an
8 application for restoration of a license or certificate to pay
9 all expenses of processing this application. The Secretary
10 Director may waive the fines due under this Section in
11 individual cases where the Secretary Director finds that the
12 fines would be unreasonable or unnecessarily burdensome.
13 (Source: P.A. 92-146, eff. 1-1-02.)
 
14     (225 ILCS 20/19)  (from Ch. 111, par. 6369)
15     (Section scheduled to be repealed on January 1, 2008)
16     Sec. 19. Grounds for disciplinary action.
17     (1) The Department may refuse to issue, refuse to renew,
18 suspend, or revoke any license, or may place on probation,
19 censure, reprimand, or take other disciplinary or
20 non-disciplinary action deemed appropriate by the Department,
21 including the imposition of fines not to exceed $10,000 $1,000
22 for each violation, with regard to any license issued under the
23 provisions of this Act for any one or a combination of the
24 following reasons:
25         (a) material misstatements of fact in furnishing

 

 

09500SB0128sam001 - 16 - LRB095 05003 RAS 32155 a

1     information to the Department or to any other State agency
2     or in furnishing information to any insurance company with
3     respect to a claim on behalf of a licensee or a patient;
4         (b) violations or negligent or intentional disregard
5     of this Act, or any of the rules promulgated hereunder;
6         (c) conviction of or entry of a plea of guilty or nolo
7     contendere to any crime that is a felony under the laws of
8     the United States or any state or territory thereof or that
9     is a felony or misdemeanor, of which an essential element
10     is dishonesty, or of any crime that which is directly
11     related to the practice of the clinical social work or
12     social work professions;
13         (d) making any misrepresentation for the purpose of
14     obtaining licenses, or violating any provision of this Act
15     or any of the rules promulgated hereunder;
16         (e) professional incompetence;
17         (f) malpractice;
18         (g) aiding or assisting another person in violating any
19     provision or this Act or any rules;
20         (h) failing to provide information within 30 60 days in
21     response to a written request made by the Department;
22         (i) engaging in dishonorable, unethical or
23     unprofessional conduct of a character likely to deceive,
24     defraud or harm the public as defined by the rules of the
25     Department, or violating the rules of professional conduct
26     adopted by the Board and published by the Department;

 

 

09500SB0128sam001 - 17 - LRB095 05003 RAS 32155 a

1         (j) habitual or excessive use or addiction to alcohol,
2     narcotics, stimulants, or any other chemical agent or drug
3     that results in a clinical social worker's or social
4     worker's inability to practice with reasonable judgment,
5     skill, or safety;
6         (k) discipline by another jurisdiction, if at least one
7     of the grounds for the discipline is the same or
8     substantially equivalent to those set forth in this
9     Section;
10         (1) directly or indirectly giving to or receiving from
11     any person, firm, corporation, partnership or association
12     any fee, commission, rebate or other form of compensation
13     for any professional service not actually rendered;
14         (m) a finding by the Board that the licensee, after
15     having the license placed on probationary status, has
16     violated the terms of probation;
17         (n) abandonment, without cause, of a client;
18         (o) wilfully filing false reports relating to a
19     licensee's practice, including but not limited to false
20     records filed with Federal or State agencies or
21     departments;
22         (p) wilfully failing to report an instance of suspected
23     child abuse or neglect as required by the Abused and
24     Neglected Child Reporting Act;
25         (q) being named as a perpetrator in an indicated report
26     by the Department of Children and Family Services under the

 

 

09500SB0128sam001 - 18 - LRB095 05003 RAS 32155 a

1     Abused and Neglected Child Reporting Act, and upon proof by
2     clear and convincing evidence that the licensee has caused
3     a child to be an abused child or neglected child as defined
4     in the Abused and Neglected Child Reporting Act;
5         (r) physical illness, or mental illness, or any other
6     impairment or disability, including, but not limited to,
7     deterioration through the aging process, or loss of motor
8     abilities and skills that which results in the inability to
9     practice the profession with reasonable judgment, skill or
10     safety;
11         (s) solicitation of professional services by using
12     false or misleading advertising; or
13         (t) violation of the Health Care Worker Self-Referral
14     Act.
15     (2) (Blank).
16     (3) The determination by a court that a licensee is subject
17 to involuntary admission or judicial admission as provided in
18 the Mental Health and Developmental Disabilities Code, will
19 result in an automatic suspension of his license. Such
20 suspension will end upon a finding by a court that the licensee
21 is no longer subject to involuntary admission or judicial
22 admission and issues an order so finding and discharging the
23 patient, and upon the recommendation of the Board to the
24 Secretary Director that the licensee be allowed to resume
25 professional practice.
26     (4) The Department may refuse to issue or renew or may

 

 

09500SB0128sam001 - 19 - LRB095 05003 RAS 32155 a

1 suspend the license of a person who fails to file a return, pay
2 the tax, penalty, or interest shown in a filed return, or pay
3 any final assessment of tax, penalty, or interest, as required
4 by any tax Act administered by the Department of Revenue, until
5 the requirements of the tax Act are satisfied.
6     (5) In enforcing this Section, the Board upon a showing of
7 a possible violation may compel a person licensed to practice
8 under this Act, or who has applied for licensure or
9 certification pursuant to this Act, to submit to a mental or
10 physical examination, or both, as required by and at the
11 expense of the Department. The examining physicians shall be
12 those specifically designated by the Board. The Board or the
13 Department may order the examining physician to present
14 testimony concerning this mental or physical examination of the
15 licensee or applicant. No information shall be excluded by
16 reason of any common law or statutory privilege relating to
17 communications between the licensee or applicant and the
18 examining physician. The person to be examined may have, at his
19 or her own expense, another physician of his or her choice
20 present during all aspects of the examination. Failure of any
21 person to submit to a mental or physical examination, when
22 directed, shall be grounds for suspension of a license until
23 the person submits to the examination if the Board finds, after
24 notice and hearing, that the refusal to submit to the
25 examination was without reasonable cause.
26     If the Board finds a person unable to practice because of

 

 

09500SB0128sam001 - 20 - LRB095 05003 RAS 32155 a

1 the reasons set forth in this Section, the Board may require
2 that person to submit to care, counseling, or treatment by
3 physicians approved or designated by the Board, as a condition,
4 term, or restriction for continued, reinstated, or renewed
5 licensure to practice; or, in lieu of care, counseling or
6 treatment, the Board may recommend to the Department to file a
7 complaint to immediately suspend, revoke or otherwise
8 discipline the license of the person. Any person whose license
9 was granted, continued, reinstated, renewed, disciplined or
10 supervised subject to such terms, conditions or restrictions,
11 and who fails to comply with such terms, conditions, or
12 restrictions, shall be referred to the Secretary Director for a
13 determination as to whether the person shall have his or her
14 license suspended immediately, pending a hearing by the Board.
15     In instances in which the Secretary Director immediately
16 suspends a person's license under this Section, a hearing on
17 that person's license must be convened by the Board within 30
18 15 days after the suspension and completed without appreciable
19 delay. The Board shall have the authority to review the subject
20 person's record of treatment and counseling regarding the
21 impairment, to the extent permitted by applicable federal
22 statutes and regulations safeguarding the confidentiality of
23 medical records.
24     A person licensed under this Act and affected under this
25 Section shall be afforded an opportunity to demonstrate to the
26 Board that he or she can resume practice in compliance with

 

 

09500SB0128sam001 - 21 - LRB095 05003 RAS 32155 a

1 acceptable and prevailing standards under the provisions of his
2 or her license.
3 (Source: P.A. 90-150, eff. 12-30-97.)
 
4     (225 ILCS 20/20)  (from Ch. 111, par. 6370)
5     (Section scheduled to be repealed on January 1, 2008)
6     Sec. 20. Violations - Injunction - Cease and desist order.
7 1. If any person violates the provisions of this Act, the
8 Secretary Director may, in the name of the People of the State
9 of Illinois, through the Attorney General, petition for an
10 order enjoining such violation or for an order enforcing
11 compliance with this Act. Upon the filing of a verified
12 petition, the court with appropriate jurisdiction may issue a
13 temporary restraining order without notice or bond, and may
14 preliminarily and permanently enjoin such violation. If it is
15 established that such person has violated or is violating the
16 injunction, the court may punish the offender for contempt of
17 court. Proceedings under this Section shall be in addition to
18 all other remedies and penalties provided by this Act.
19     2. If any person shall hold herself or himself out as a
20 licensed clinical social worker or licensed social worker and
21 is not licensed under this Act, then any licensed clinical
22 social worker, licensed social worker, interested party or any
23 person injured thereby may petition for relief as provided in
24 subsection (1) of this Section.
25     3. Whenever, in the opinion of the Department, a person

 

 

09500SB0128sam001 - 22 - LRB095 05003 RAS 32155 a

1 violates any provision of this Act, the Department may issue a
2 rule to show cause why an order to cease and desist should not
3 be entered against such person. The rule shall clearly set
4 forth the grounds relied upon by the Department and shall allow
5 at least 7 days from the date of the rule to file an answer
6 satisfactory to the Department. Failure to answer to the
7 satisfaction of the Department shall cause an order to cease
8 and desist to be issued.
9 (Source: P.A. 85-1131.)
 
10     (225 ILCS 20/21)  (from Ch. 111, par. 6371)
11     (Section scheduled to be repealed on January 1, 2008)
12     Sec. 21. Investigations; notice and hearing. The
13 Department may investigate the actions of any applicant or of
14 any person holding or claiming to hold a license. The
15 Department shall, before refusing to issue or renew a license,
16 at least 30 days prior to the date set for the hearing, notify,
17 in writing, the applicant for, or holder of, a license of the
18 nature of the charges and that a hearing will be held on the
19 date designated. The Department shall direct the applicant or
20 licensee to file a written answer to the Board under oath
21 within 20 days after the service of the notice and inform the
22 applicant or licensee that failure to file an answer will
23 result in default being taken against the applicant or licensee
24 and that the license or certificate may be suspended, revoked,
25 placed on probationary status, or other disciplinary action may

 

 

09500SB0128sam001 - 23 - LRB095 05003 RAS 32155 a

1 be taken, including limiting the scope, nature or extent of
2 practice, as the Secretary Director may deem proper. Written
3 notice may be served by personal delivery or certified or
4 registered mail to the applicant or licensee at the applicant's
5 last address of record the last notification to the Department.
6 In case the person fails to file an answer after receiving
7 notice, his or her license or certificate may, in the
8 discretion of the Department, be suspended, revoked, or placed
9 on probationary status, or the Department may take whatever
10 disciplinary action deemed proper, including limiting the
11 scope, nature, or extent of the person's practice or the
12 imposition of a fine, without a hearing, if the act or acts
13 charged constitute sufficient grounds for such action under
14 this Act. At the time and place fixed in the notice, the Board
15 shall proceed to hear the charges and the parties or their
16 counsel shall be accorded ample opportunity to present any
17 statements, testimony, evidence and argument as may be
18 pertinent to the charges or to their defense. The Board may
19 continue a hearing from time to time.
20 (Source: P.A. 87-1031.)
 
21     (225 ILCS 20/23)  (from Ch. 111, par. 6373)
22     (Section scheduled to be repealed on January 1, 2008)
23     Sec. 23. Subpoenas - Depositions - Oaths. The Department
24 shall have the power to subpoena and to bring before it any
25 person and to take testimony either orally or by deposition, or

 

 

09500SB0128sam001 - 24 - LRB095 05003 RAS 32155 a

1 both, with the same fees and mileage and in the same manner as
2 prescribed in civil cases in the courts of this State.
3     The Secretary Director, the designated hearing officer and
4 every member of the Board shall have power to administer oaths
5 to witnesses at any hearing which the Department is authorized
6 to conduct, and any other oaths authorized in any Act
7 administered by the Department.
8 (Source: P.A. 85-967.)
 
9     (225 ILCS 20/24)  (from Ch. 111, par. 6374)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 24. Compelling Testimony. Any court, upon application
12 of the Department, designated hearing officer or the applicant
13 or licensee against whom proceedings under Section 19 17 of
14 this Act are pending, may enter an order requiring the
15 attendance of witnesses and their testimony, and the production
16 of documents, papers, files, books and records in connection
17 with any hearing or investigation. The court may compel
18 obedience to its order by proceedings for contempt.
19 (Source: P.A. 85-967.)
 
20     (225 ILCS 20/25)  (from Ch. 111, par. 6375)
21     (Section scheduled to be repealed on January 1, 2008)
22     Sec. 25. Findings and recommendations. At the conclusion of
23 the hearing the Board shall present to the Secretary Director a
24 written report of its findings of fact, conclusions of law and

 

 

09500SB0128sam001 - 25 - LRB095 05003 RAS 32155 a

1 recommendations. The report shall contain a finding whether or
2 not the licensee violated this act or failed to comply with the
3 conditions required in this Act. The Board shall specify the
4 nature of the violation or failure to comply, and shall make
5 its recommendations to the Secretary Director.
6     The report of findings of fact, conclusions of law and
7 recommendation of the Board shall be the basis for the
8 Department's order or refusal or for the granting of the
9 license. If the Secretary Director disagrees with the
10 recommendations of the Board, the Secretary Director may issue
11 an order in contravention thereof. The Secretary Director shall
12 provide a written report to the Board on any disagreement and
13 shall specify the reasons for said action in the final order.
14 The finding is not admissible in evidence against the person in
15 a criminal prosecution brought for the violation of this Act,
16 but the hearing and findings are not a bar to a criminal
17 prosecution brought for the violation of this Act.
18 (Source: P.A. 85-967.)
 
19     (225 ILCS 20/26)  (from Ch. 111, par. 6376)
20     (Section scheduled to be repealed on January 1, 2008)
21     Sec. 26. Board - Rehearing. In any case involving the
22 refusal to issue or to renew a license or to discipline a
23 licensee, a copy of the Board's report shall be served upon the
24 applicant or licensee by the Department, either personally or
25 by registered or certified mail or as provided in this Act for

 

 

09500SB0128sam001 - 26 - LRB095 05003 RAS 32155 a

1 the service of the notice of hearing. Within 20 days after such
2 service, the applicant or licensee may present to the
3 Department a motion in writing for a rehearing which shall
4 specify the particular grounds therefor. If no motion for a
5 rehearing is filed, then upon the expiration of the time
6 specified for filing such a motion, or if a motion for
7 rehearing is denied, then upon such denial, the Secretary
8 Director may enter an order in accordance with recommendations
9 of the Board, except as provided in Section 25 of this Act. If
10 the applicant or licensee requests and pays for a transcript of
11 the record within the time for filing a motion for rehearing,
12 the 20-day period within which such a motion may be filed shall
13 commence upon the delivery of the transcript to the applicant
14 or licensee.
15 (Source: P.A. 86-615.)
 
16     (225 ILCS 20/27)  (from Ch. 111, par. 6377)
17     (Section scheduled to be repealed on January 1, 2008)
18     Sec. 27. Rehearing Director; rehearing. Whenever the
19 Secretary Director believes justice has not been done in the
20 revocation, suspension, or discipline of a license or refusal
21 to issue or renew a license, he or she may order a rehearing.
22 (Source: P.A. 90-150, eff. 12-30-97.)
 
23     (225 ILCS 20/28)  (from Ch. 111, par. 6378)
24     (Section scheduled to be repealed on January 1, 2008)

 

 

09500SB0128sam001 - 27 - LRB095 05003 RAS 32155 a

1     Sec. 28. Appointment of a hearing officer. The Secretary
2 Director shall have the authority to appoint any attorney
3 licensed to practice law in the State of Illinois to serve as
4 the hearing officer in any action for refusal to issue or renew
5 a license or permit or to discipline a licensee. The Secretary
6 Director shall promptly notify the Board of any such
7 appointment. The hearing officer shall have full authority to
8 conduct the hearing. At least one member of the Board shall
9 attend each hearing. The hearing officer shall report his
10 findings of fact, conclusions of law and recommendations to the
11 Board and to the Secretary Director. Upon receipt of the
12 report, the The Board shall have at least 60 days after receipt
13 of the report to review it and to present its findings of fact,
14 conclusions of law and recommendation to the Secretary
15 Director. If the Board does not present its report within the
16 60 days period, the Secretary Director may issue an order based
17 on the report of the hearing officer. If the Secretary Director
18 disagrees with the recommendation of the Board or of the
19 hearing officer, the Secretary Director may issue an order in
20 contravention of the Board's report. The Secretary Director
21 shall promptly provide a written explanation to the Board on
22 any such disagreement, and shall specify the reasons for such
23 action in the final order.
24 (Source: P.A. 90-150, eff. 12-30-97.)
 
25     (225 ILCS 20/29)  (from Ch. 111, par. 6379)

 

 

09500SB0128sam001 - 28 - LRB095 05003 RAS 32155 a

1     (Section scheduled to be repealed on January 1, 2008)
2     Sec. 29. Order or certified copy thereof - prima facie
3 proof. An order or a certified copy thereof, over the seal of
4 the Department and purporting to be signed by the Secretary
5 Director, shall be prima facie proof that:
6     (1) Such signature is the genuine signature of the
7 Secretary Director;
8     (2) Such Secretary Director is duly appointed and
9 qualified; and
10     (3) The Board and the members thereof are qualified to act.
11 (Source: P.A. 85-967.)
 
12     (225 ILCS 20/32)  (from Ch. 111, par. 6382)
13     (Section scheduled to be repealed on January 1, 2008)
14     Sec. 32. Temporary suspension of a license. The Secretary
15 Director may temporarily suspend the license of a licensed
16 clinical social worker or licensed social worker without a
17 hearing simultaneously with the institution of proceedings for
18 a hearing provided for in Section 21 of this Act if the
19 Secretary Director finds conclusive evidence indicating that a
20 licensee's continuation in practice would constitute an
21 imminent danger to the public. In the event the Secretary
22 Director temporarily suspends such license without a hearing, a
23 hearing by the Board shall be held within 30 days after such
24 suspension has occurred.
25 (Source: P.A. 85-1131.)
 

 

 

09500SB0128sam001 - 29 - LRB095 05003 RAS 32155 a

1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".