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Sen. Carol Ronen
Filed: 2/7/2006
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LRB094 18618 RAS 55282 a |
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| AMENDMENT TO SENATE BILL 2297
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| AMENDMENT NO. ______. Amend Senate Bill 2297 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Regulatory Sunset Act is amended by |
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| changing Section 4.17 and by adding Section 4.27 as follows:
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| (5 ILCS 80/4.17)
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| Sec. 4.17. Acts repealed on January 1, 2007. The following |
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| are repealed on
January 1, 2007:
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| The Boiler and Pressure Vessel Repairer Regulation |
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| Act.
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| The Structural Pest Control Act.
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| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, |
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| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois |
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| Insurance Code.
|
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| The Clinical Psychologist Licensing Act.
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| The Illinois Optometric Practice Act of 1987.
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| The Medical Practice Act of 1987.
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| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 92-837, eff. 8-22-02.)
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| (5 ILCS 80/4.27 new) |
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| Sec. 4.27. Act repealed on January 1, 2017. The following |
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| Act is repealed on January 1, 2017: |
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| The Clinical Psychologist Licensing Act. |
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LRB094 18618 RAS 55282 a |
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| Section 10. The Clinical Psychologist Licensing Act is |
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| amended by changing Sections 2, 3, 7, 13, 15, 15.4, 16, 16.1, |
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| 16.5, 17, 20, 21.4, 21.6, 25, 27, and 27.2 as follows:
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| (225 ILCS 15/2) (from Ch. 111, par. 5352)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 2. Definitions. As used in this Act:
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| (1) "Department" means the Department of Financial and
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| Professional Regulation.
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| (2) " Secretary
Director " means the Secretary
Director
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| of Financial and Professional Regulation.
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| (3) "Board" means the Clinical Psychologists Licensing
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| and
Disciplinary
Board appointed by the Secretary
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| Director .
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| (4) "Person" means an individual, association, |
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| partnership or corporation.
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| (5) "Clinical psychology" means the independent
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| evaluation, classification and treatment of mental, |
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| emotional, behavioral
or nervous disorders or conditions, |
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| developmental disabilities, alcoholism
and substance |
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| abuse, disorders of habit or conduct, the psychological
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| aspects of physical illness. The practice of clinical |
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| psychology includes
psychoeducational evaluation, therapy, |
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| remediation and consultation, the
use of psychological and |
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| neuropsychological testing, assessment,
psychotherapy, |
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| psychoanalysis, hypnosis, biofeedback, and behavioral
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| modification when any of these are used for the purpose of |
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| preventing or
eliminating psychopathology, or for the |
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| amelioration of psychological
disorders of individuals or |
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| groups. "Clinical psychology" does not include
the use of |
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| hypnosis by unlicensed persons
pursuant to Section 3.
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| (6) A person represents himself to be a "clinical |
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| psychologist" within
the meaning of this Act when he or she |
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| holds himself out to the public by
any title or description |
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| of services incorporating the words "psychological",
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| "psychologic", "psychologist", "psychology", or "clinical |
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| psychologist" or
under such title or description offers to |
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| render or renders clinical
psychological services as |
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| defined in paragraph (7) of this Section to
individuals, |
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| corporations, or the public for remuneration.
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| (7) "Clinical psychological services" refers to any |
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| services under
paragraph (5) of this Section if the words |
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| "psychological", "psychologic",
"psychologist", |
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| "psychology" or "clinical psychologist" are used to
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| describe such services by the person or
organization |
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| offering to render or rendering them.
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| This Act shall not apply to persons lawfully carrying on |
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| their particular
profession or business under any valid |
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| existing regulatory Act of the State.
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| (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
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| (225 ILCS 15/3) (from Ch. 111, par. 5353)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Necessity of license; corporations, partnerships, |
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| and
associations ; display of license .
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| (a) No individual, partnership, association or corporation
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| shall, without a valid license as a clinical psychologist |
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| issued by the
Department, in any manner hold himself or herself |
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| out to the public as a
psychologist or clinical psychologist |
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| under the provisions of this Act or
render or offer to render |
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| clinical psychological services as defined in
paragraph 7 of |
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| Section 2 of this Act; or attach the title "clinical
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| psychologist",
"psychologist"
or any other name or
designation |
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| which would in any way imply that he or she is able to practice
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| as a
clinical
psychologist; or offer to render or render, to |
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| individuals, corporations
or the public, clinical |
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| psychological services as defined in paragraph 7 of
Section 2 |
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LRB094 18618 RAS 55282 a |
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| of this Act.
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| No person may engage in the practice of clinical |
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| psychology, as defined in
paragraph (5) of Section 2 of this |
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| Act, without a license granted under this
Act, except as
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| otherwise provided in this Act.
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| (b) No association or partnership shall be granted a |
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| license unless every
member, partner, and employee of the |
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| association or partnership who
renders clinical psychological |
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| services holds
a currently valid license issued under this Act.
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| No license shall be issued by the Department to a corporation |
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| that (i)
has a stated purpose that includes clinical |
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| psychology, or (ii) practices or holds
itself out as available
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| to practice clinical psychology, unless it is organized under |
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| the
Professional Service Corporation Act.
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| (c) Individuals, corporations, partnerships and |
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| associations may employ
practicum
students, interns or |
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| postdoctoral candidates seeking to fulfill
educational |
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| requirements or the professional experience
requirements |
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| needed to qualify for a license as a
clinical psychologist
to |
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| assist in the rendering of services, provided that such |
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| employees
function under the direct supervision, order, |
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| control and full professional
responsibility of a licensed |
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| clinical psychologist in the corporation,
partnership or |
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| association. Nothing in this paragraph shall prohibit a
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| corporation, partnership or association from contracting with |
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| a licensed
health care professional to provide services.
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| (d) Nothing in this Act shall prevent the employment, by a |
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| clinical
psychologist, individual,
association, partnership or |
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| a corporation furnishing clinical psychological services
for |
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| remuneration, of persons not licensed as clinical |
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| psychologists under
the provisions of this Act to perform |
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| services in various capacities as
needed, provided that such |
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| persons are not in any manner held out to the
public as |
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| rendering clinical psychological services as defined in |
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| paragraph
7 of Section 2 of this Act. Nothing contained in this |
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| Act shall require any
hospital, clinic, home
health agency, |
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| hospice, or other entity that provides health care services to
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| employ or to contract with a clinical psychologist licensed |
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| under this Act to
perform any of the activities under paragraph |
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| (5) of Section 2 of this Act.
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| (e) Nothing in this Act shall
be construed to limit the |
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| services and use of official title on the part
of a person, not |
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| licensed under the
provisions of this Act, in the employ of a |
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| State, county or municipal
agency or other political |
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| subdivision insofar that such services are a part of
the
duties |
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| in his or her salaried position, and insofar that such services |
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| are
performed solely on behalf of his or her employer.
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| Nothing contained in this Section shall be construed as |
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| permitting such
person to offer their services as psychologists |
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| to any other persons and to
accept remuneration for such |
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| psychological services other than as
specifically excepted |
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| herein, unless they have been licensed under the
provisions of |
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| this Act.
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| (f) Duly recognized members of any bonafide religious |
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| denomination shall
not be restricted from functioning in their |
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| ministerial capacity provided
they do not represent themselves |
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| as being clinical psychologists or
providing clinical |
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| psychological services.
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| (g) Nothing in this Act shall prohibit individuals not |
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| licensed under
the provisions of this Act who work in self-help |
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| groups or programs or
not-for-profit organizations from |
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| providing services
in those groups, programs, or |
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| organizations, provided that such persons
are not in any manner |
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| held out to the public as rendering clinical
psychological |
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| services as defined in paragraph 7 of Section 2 of this Act.
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| (h) Nothing in this Act shall be construed to prevent a |
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| person from
practicing hypnosis without a license issued under |
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| this Act provided that
the person (1) does not otherwise engage |
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| in the practice of clinical
psychology
including, but not |
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| limited to, the independent evaluation, classification, and
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| treatment of mental, emotional, behavioral, or nervous |
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| disorders or conditions,
developmental disabilities, |
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| alcoholism and substance abuse, disorders of habit
or conduct, |
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| the psychological aspects of physical illness, (2) does not
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| otherwise engage in the practice of medicine including, but not |
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| limited to, the
diagnosis or treatment of physical or mental |
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| ailments or conditions, and (3)
does not
hold himself or |
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| herself out to the public by a title or description stating or
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| implying
that the individual is a clinical psychologist or is |
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| licensed to practice
clinical psychology.
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| (i) Every licensee under this Act shall prominently display |
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| the license at the licensee's principal office, place of |
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| business, or place of employment and, whenever requested by any |
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| representative of the Department, must exhibit the license.
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| (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
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| (225 ILCS 15/7) (from Ch. 111, par. 5357)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7. Board. The Secretary
Director shall appoint a Board |
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| that
shall serve in
an advisory capacity to the Secretary
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| Director .
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| The Board shall consist of 7 persons, 4 of whom are
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| licensed clinical
psychologists, and actively engaged in the |
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| practice of clinical psychology,
2 of whom are licensed |
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| clinical psychologists and are full time faculty
members of |
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| accredited colleges or
universities who are engaged in training |
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| clinical psychologists, and one of
whom is a public member who |
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| is not a licensed health care provider. In
appointing members |
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| of the Board, the Secretary
Director shall give due
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| consideration to the adequate representation of the various |
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| fields of
health care psychology such as clinical psychology, |
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| school psychology and
counseling psychology. In appointing |
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| members of the Board,
the Secretary
Director
shall give due |
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| consideration to recommendations by members of the
profession |
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| of clinical psychology and by the State-wide organizations
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| representing the interests of clinical psychologists and |
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| organizations
representing the interests of academic programs |
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| as well as recommendations
by approved doctoral level |
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| psychology programs in the State of Illinois.
The members shall |
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| be appointed for a term of 4 years. No member shall be
eligible |
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| to serve for more than 2 full terms. Any appointment to fill a
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| vacancy shall be for the unexpired portion of the term. A |
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| member appointed
to fill a vacancy for an unexpired term for a |
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| duration of 2 years or more may be reappointed for a maximum of |
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| one term and a member appointed to fill a vacancy for an |
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| unexpired term for a duration of less than 2 years may be |
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| reappointed for a maximum of 2 terms. The Secretary
Director
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| may remove any member for cause at any time prior to
the |
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| expiration of his or her term.
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| The Board shall annually elect one of its members as
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| chairperson and vice chairperson.
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| The members of the Board shall be reimbursed for all
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| authorized legitimate and
necessary expenses incurred in |
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| attending the meetings of the Board.
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| The Secretary
Director shall give due consideration to all |
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| recommendations of the
Board. In the event the Secretary
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| Director disagrees with or takes
action
contrary to the |
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| recommendation of the Board, he or she
shall provide the
Board |
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| with a written and specific explanation of his or
her actions.
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| A majority of the Board members currently appointed shall |
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| constitute a
quorum. A vacancy in the membership of the Board |
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| shall not impair the right of
a quorum to perform all of the |
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| duties of the Board.
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| Members of the Board shall have no liability in any action |
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| based upon any
disciplinary proceeding or other activity |
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| performed in good faith as a member
of the Board.
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| The Secretary
Director may terminate the appointment of any |
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| member for cause which
in the opinion of the Secretary
Director
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| reasonably justifies such termination.
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| (Source: P.A. 93-745, eff. 7-15-04.)
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| (225 ILCS 15/13) (from Ch. 111, par. 5363)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 13. License renewal; restoration. The expiration date |
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| and renewal
period for each license
issued under this Act shall |
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| be set by rule. Every holder of a license
under this Act may |
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| renew such license during the 90-day period immediately
month
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| preceding the
expiration date thereof upon payment of the |
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| required renewal fees.
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| A clinical psychologist who has permitted his or her |
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| license to expire or
who
has had his or her license on inactive |
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| status may have his or her
license restored
by
making |
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| application to the Department and filing proof acceptable to |
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| the
Department of his or her fitness to have his or her license |
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| restored,
including evidence
certifying to active practice in |
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| another jurisdiction satisfactory to the
Department and by |
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| paying the required restoration fee.
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| If the clinical psychologist has not maintained an active |
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| practice in
another jurisdiction satisfactory to the |
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| Department, the Board shall
determine, by an evaluation program |
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| established by rule, his or her fitness
to
resume active status |
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| and may require the clinical psychologist to complete
a period |
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| of supervised professional experience and may require |
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| successful
completion of an examination.
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| However, any clinical psychologist whose license expired |
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| while he or she
was (1)
in Federal Service on active duty with |
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| the Armed Forces of the United
States, or the State Militia |
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| called into service or training, or (2) in
training or |
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| education under the supervision of the United States
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| preliminary to induction into the military service, may have |
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| his or her
license
renewed or restored without paying any |
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| lapsed renewal fees if within 2
years after honorable |
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| termination of such service, training or education he
or she |
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| furnishes the Department with satisfactory evidence to the |
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| effect
that he
or she has been so engaged and that his or her |
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| service, training or
education has been
so terminated.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 15/15) (from Ch. 111, par. 5365)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 15. Disciplinary action; grounds. The Department may |
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| refuse to
issue, refuse to renew, suspend,
or revoke any |
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| license, or may place on probation, censure, reprimand, or
take |
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| other disciplinary action deemed appropriate by the |
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| Department,
including the imposition of fines not to exceed |
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| $10,000
$5000 for each violation,
with regard to any license |
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| issued under the provisions of this Act for any
one or a |
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| combination of the following reasons:
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| (1) Conviction of , or entry of a plea of guilty or nolo |
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| contendere to, any crime that is a felony under the laws of
the |
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| United
States or any state or territory thereof or that is a |
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| misdemeanor
of which an
essential element is dishonesty, or any |
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| crime that
is
directly
related to the practice of the |
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| profession.
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| (2) Gross negligence in the rendering of clinical |
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| psychological
services.
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| (3) Using fraud or making any misrepresentation in applying |
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| for a license
or in passing the examination provided for in |
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| this Act.
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| (4) Aiding or abetting or conspiring to aid or abet a |
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| person, not a
clinical psychologist licensed under this Act, in |
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| representing himself or
herself as
so licensed or in applying |
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| for a license under this Act.
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| (5) Violation of any provision of this Act or the rules |
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| promulgated
thereunder.
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| (6) Professional connection or association with any |
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| person, firm,
association, partnership or corporation holding |
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| himself, herself,
themselves, or
itself out in any manner |
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| contrary to this Act.
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| (7) Unethical, unauthorized or unprofessional conduct as |
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| defined by rule.
In establishing those rules, the Department |
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| shall consider, though is not
bound by, the ethical standards |
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| for psychologists promulgated by recognized
national |
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| psychology associations.
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| (8) Aiding or assisting another person in violating any |
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| provisions of this
Act or the rules promulgated thereunder.
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| (9) Failing to provide, within 60 days, information in |
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| response to a
written request made by the Department.
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| (10) Habitual or excessive use or addiction to alcohol, |
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| narcotics,
stimulants, or any other chemical agent or drug that |
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| results in a
clinical
psychologist's inability to practice with |
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| reasonable judgment, skill or
safety.
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| (11) Discipline by another state, territory, the District |
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| of Columbia or
foreign country, if at least one of the grounds |
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| for the discipline is the
same or substantially equivalent to |
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| those set forth herein.
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| (12) Directly or indirectly giving or receiving from any |
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| person, firm,
corporation, association or partnership any fee, |
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| commission, rebate or
other form of compensation for any |
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| professional service not actually or
personally rendered.
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| (13) A finding by the Board that the licensee, after
having |
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| his or her
license placed on probationary status has violated |
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| the terms of
probation.
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| (14) Willfully making or filing false records or reports, |
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| including but
not limited to, false records or reports filed |
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| with State agencies or
departments.
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| (15) Physical illness, including but not limited to, |
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| deterioration through
the aging process, mental illness or |
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| disability that results in
the inability to practice the |
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| profession
with reasonable judgment, skill and safety.
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| (16) Willfully failing to report an instance of suspected |
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| child abuse or
neglect as required by the Abused and Neglected |
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| Child Reporting Act.
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| (17) Being named as a perpetrator in an indicated report by |
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| the Department
of Children and Family Services pursuant to the |
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| Abused and Neglected Child
Reporting Act, and upon proof by |
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| clear and convincing evidence that the
licensee has caused a |
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| child to be an abused child or neglected child as defined
in |
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| the Abused and Neglected Child Reporting Act.
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| (18) Violation of the Health Care Worker Self-Referral Act.
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| (19) Making a material misstatement in furnishing |
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| information to the
Department, any other State or federal |
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| agency, or any other entity.
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| (20) Failing to report to the Department any adverse |
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| judgment, settlement, or award arising from a liability claim |
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| related to an act or conduct similar to an act or conduct that |
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| would constitute grounds for action as set forth in this |
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| Section. |
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| (21) Failing to report to the Department any adverse final |
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| action taken against a licensee or applicant by another |
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| licensing jurisdiction, including any other state or territory |
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| of the United States or any foreign state or country, or any |
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| peer review body, health care institution, professional |
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| society or association related to the profession, governmental |
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| agency, law enforcement agency, or court for an act or conduct |
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| similar to an act or conduct that would constitute grounds for |
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| disciplinary action as set forth in this Section.
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| The entry of an order by any circuit court establishing |
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| that any person
holding a license under this Act is subject to |
32 |
| involuntary admission or
judicial admission as provided for in |
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| the Mental Health and Developmental
Disabilities Code, |
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| operates as an automatic suspension of that license. That
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| person may have his or her license restored only upon the |
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| determination by
a circuit
court that the patient is no longer |
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| subject to involuntary admission or
judicial admission and the |
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| issuance of an order so finding and discharging the
patient and |
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| upon the Board's recommendation to the
Department that the
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| license be restored. Where the circumstances so indicate, the |
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| Board may
recommend to the Department that it require an |
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| examination prior to restoring
any license so automatically |
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| suspended.
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| The Department may refuse to issue or may suspend the |
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| license of any person
who fails to file a return, or to pay the |
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| tax, penalty or interest shown in
a filed return, or to pay any |
13 |
| final assessment of the tax penalty or
interest, as required by |
14 |
| any tax Act administered by the Illinois
Department of Revenue, |
15 |
| until such time as the requirements of any such tax
Act are |
16 |
| satisfied.
|
17 |
| In enforcing this Section, the Board upon a showing of a |
18 |
| possible
violation may compel any person licensed to practice |
19 |
| under this Act, or
who has applied for licensure or |
20 |
| certification pursuant to this Act, to submit
to a mental or |
21 |
| physical examination, or both, as required by and at the |
22 |
| expense
of the Department. The examining physicians or clinical |
23 |
| psychologists
shall be those specifically designated by the |
24 |
| Board.
The Board or the Department may order the examining |
25 |
| physician or clinical
psychologist to present testimony |
26 |
| concerning this mental or physical
examination
of the licensee |
27 |
| or applicant. No information shall be excluded by reason of
any |
28 |
| common law or statutory privilege relating to communications |
29 |
| between the
licensee or applicant and the examining physician |
30 |
| or clinical psychologist.
The person to be examined may have, |
31 |
| at his or her own expense, another
physician or clinical |
32 |
| psychologist of his or her choice present during all
aspects of |
33 |
| the examination. Failure of any person to submit to a mental or
|
34 |
| physical examination, when directed, shall be grounds for |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| suspension of a
license until the person submits to the |
2 |
| examination if the Board finds,
after notice and hearing, that |
3 |
| the refusal to submit to the examination was
without reasonable |
4 |
| cause.
|
5 |
| If the Board finds a person unable to practice because of |
6 |
| the reasons
set forth in this Section, the Board may require |
7 |
| that person to submit to
care, counseling or treatment by |
8 |
| physicians or clinical psychologists approved
or designated by |
9 |
| the Board, as a condition, term, or restriction for continued,
|
10 |
| reinstated, or
renewed licensure to practice; or, in lieu of |
11 |
| care, counseling or treatment,
the
Board may recommend to the |
12 |
| Department to file a complaint to immediately
suspend, revoke |
13 |
| or otherwise discipline the license of the person.
Any person |
14 |
| whose
license was granted, continued, reinstated, renewed, |
15 |
| disciplined or supervised
subject to such terms, conditions or |
16 |
| restrictions, and who fails to comply with
such terms, |
17 |
| conditions or restrictions, shall be referred to the Secretary
|
18 |
| Director for a
determination as to whether the person shall |
19 |
| have his or her license
suspended immediately, pending a |
20 |
| hearing by the Board.
|
21 |
| In instances in which the Secretary
Director immediately |
22 |
| suspends a person's license
under this Section, a hearing on |
23 |
| that person's license must be convened by
the Board within 15 |
24 |
| days after the suspension and completed without appreciable
|
25 |
| delay.
The Board shall have the authority to review the subject |
26 |
| person's record of
treatment and counseling regarding the |
27 |
| impairment, to the extent permitted by
applicable federal |
28 |
| statutes and regulations safeguarding the confidentiality of
|
29 |
| medical records.
|
30 |
| A person licensed under this Act and affected under this |
31 |
| Section shall
be
afforded an opportunity to demonstrate to the |
32 |
| Board that he or she can resume
practice in compliance with |
33 |
| acceptable and prevailing standards under the
provisions of his |
34 |
| or her license.
|
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
2 |
| (225 ILCS 15/15.4)
|
3 |
| (Section scheduled to be repealed on January 1, 2007)
|
4 |
| Sec. 15.4. Rehearing. Whenever the Secretary
Director is |
5 |
| satisfied that substantial
justice has not been done in a |
6 |
| hearing for revocation, suspension, refusal to
issue or renewal |
7 |
| of a license or to place on probation, censure or reprimand
a
|
8 |
| person licensed under the provisions of this Act, he or she may |
9 |
| order a
rehearing by the same or another hearing officer or |
10 |
| Board.
|
11 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
12 |
| (225 ILCS 15/16) (from Ch. 111, par. 5366)
|
13 |
| (Section scheduled to be repealed on January 1, 2007)
|
14 |
| Sec. 16. Investigations; notice; hearing. Licenses may be |
15 |
| refused,
revoked, or suspended in the manner
provided by this |
16 |
| Act and not otherwise. The Department may upon its own
motion |
17 |
| and shall upon the verified complaint in writing of any person
|
18 |
| setting forth facts that if proven would constitute grounds for
|
19 |
| refusal to issue,
suspend or revoke under this Act
investigate |
20 |
| the actions of any
person applying for, holding or claiming to |
21 |
| hold a license. The Department
shall, before refusing to issue, |
22 |
| renew, suspend or revoke any license or take
other disciplinary |
23 |
| action pursuant to Section 15 of this Act, and
at least 30 days |
24 |
| prior to the date set for the hearing, notify in
writing
the |
25 |
| applicant for or the holder of such license of any charges |
26 |
| made,
shall afford such accused person an opportunity to be |
27 |
| heard in person or by
counsel in reference thereto, and
direct |
28 |
| the applicant or licensee to file a written answer to the Board
|
29 |
| under oath within 20 days after the service of the notice and |
30 |
| inform the
applicant or licensee that failure to file an answer |
31 |
| will result in default
being taken against the applicant or |
32 |
| licensee and that the license or
certificate may be
suspended, |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| revoked, placed on probationary status, or other disciplinary
|
2 |
| action may be taken, including limiting the scope, nature or |
3 |
| extent of
practice, as the Secretary
Director may deem proper. |
4 |
| Written notice may be served by
delivery of the same personally |
5 |
| to the accused person, or by mailing the
same by certified mail |
6 |
| to his or her last known place of residence or to
the place
of |
7 |
| business last theretofore specified by the accused person in |
8 |
| his or her
last
notification to the Department.
In case the |
9 |
| person fails to file an answer after receiving notice, his or
|
10 |
| her license or certificate may, in the discretion of the |
11 |
| Department, be
suspended, revoked, or placed on probationary |
12 |
| status, or the Department may
take whatever disciplinary action |
13 |
| deemed proper, including limiting the
scope, nature, or extent |
14 |
| of the person's practice or the imposition of a
fine, without a |
15 |
| hearing, if the act or acts charged constitute sufficient
|
16 |
| grounds for such action under this Act.
At the time and place |
17 |
| fixed in the notice,
the Board shall proceed to hearing of the |
18 |
| charges and both
the accused
person and the complainant shall |
19 |
| be accorded ample opportunity to present,
in person or by |
20 |
| counsel, any statements, testimony, evidence and arguments
as |
21 |
| may be pertinent to the charges or to their defense. The
Board |
22 |
| may continue such hearing from time to time. If the
Board
shall |
23 |
| not be sitting at the time and place fixed in the notice or at |
24 |
| the
time and place to which the hearing shall have been |
25 |
| continued, the
Department shall continue such hearing for a |
26 |
| period not to exceed 30 days.
|
27 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
28 |
| (225 ILCS 15/16.1)
|
29 |
| (Section scheduled to be repealed on January 1, 2007)
|
30 |
| Sec. 16.1. Appointment of hearing officer. Notwithstanding |
31 |
| any other
provision of this Act, the Secretary
Director shall |
32 |
| have
the authority to appoint any attorney duly licensed to |
33 |
| practice law in the
State of Illinois to serve as the hearing |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| officer in any action for refusal
to issue, renew or discipline |
2 |
| a license. The hearing officer shall have
full authority to |
3 |
| conduct the hearing. The hearing officer shall report
his or |
4 |
| her findings of fact, conclusions of law, and recommendations |
5 |
| to
the Board and the Secretary
Director . The
Board shall have |
6 |
| 60 days after receipt of the
report to review the
report of the |
7 |
| hearing officer and to present its findings of fact,
|
8 |
| conclusions
of law and recommendations to the Secretary
|
9 |
| Director . If the Board
fails to
present its report within the |
10 |
| 60 day period, the Secretary
Director may
issue an
order based |
11 |
| on the report of the hearing officer. If the Secretary
Director
|
12 |
| disagrees with the recommendations of the Board or hearing |
13 |
| officer, the
Secretary
Director may issue an order in |
14 |
| contravention of the Board's report. The
Secretary
Director
|
15 |
| shall promptly provide a written explanation to the Board
on |
16 |
| any such disagreement.
|
17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
18 |
| (225 ILCS 15/16.5)
|
19 |
| (Section scheduled to be repealed on January 1, 2007)
|
20 |
| Sec. 16.5. Unlicensed practice; violation; civil penalty.
|
21 |
| (a) Any person who practices, offers to practice, attempts |
22 |
| to practice, or
holds oneself out to practice clinical |
23 |
| psychology without being licensed under
this Act shall, in
|
24 |
| addition to any other penalty provided by law, pay a civil |
25 |
| penalty to the
Department in an amount not to exceed $10,000
|
26 |
| $5,000 for each offense as determined by
the Department. The |
27 |
| civil penalty shall be assessed by the Department after a
|
28 |
| hearing is held in accordance with the provisions set forth in |
29 |
| this Act
regarding the provision of a hearing for the |
30 |
| discipline of a licensee.
|
31 |
| (b) The Department has the authority and power to |
32 |
| investigate any and all
unlicensed activity.
|
33 |
| (c) The civil penalty shall be paid within 60 days after |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 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. 89-474, eff. 6-18-96.)
|
6 |
| (225 ILCS 15/17) (from Ch. 111, par. 5367)
|
7 |
| (Section scheduled to be repealed on January 1, 2007)
|
8 |
| Sec. 17. Subpoenas; depositions; oaths. The Department |
9 |
| shall have power
to subpoena and bring before
it any person and |
10 |
| to take testimony either orally or by
deposition, or both, with |
11 |
| the same fees and mileage and in the same manner
as prescribed |
12 |
| by law in judicial proceedings in civil cases in courts in
this |
13 |
| State.
|
14 |
| The Secretary
Director , the designated hearing officer and |
15 |
| any member of the
Board shall
each have power to administer |
16 |
| oaths to witnesses at any hearings which the
Department is |
17 |
| authorized to conduct and any other oaths authorized
in any Act |
18 |
| administered by the Department.
|
19 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
20 |
| (225 ILCS 15/20) (from Ch. 111, par. 5370)
|
21 |
| (Section scheduled to be repealed on January 1, 2007)
|
22 |
| Sec. 20. Report; motion for rehearing. The Board
shall |
23 |
| present to the Secretary
Director its
written
report of its |
24 |
| findings and recommendations. A copy of such report shall be
|
25 |
| served upon the applicant or licensee, either personally
or by |
26 |
| certified mail. Within 20
days after such service, the |
27 |
| applicant or licensee may
present to the Department a motion in |
28 |
| writing for a rehearing, that
shall specify
the particular |
29 |
| grounds for the rehearing. If no motion for
a rehearing is |
30 |
| filed, then upon the expiration of the time specified for
|
31 |
| filing such a motion, or if a motion for rehearing is denied, |
32 |
| then upon such
denial, the Secretary
Director may enter an |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| order in accordance with recommendations of
the Board, except |
2 |
| as provided in Section 16.1 of this Act. If the
applicant
or |
3 |
| licensee requests and pays
for a transcript of the record |
4 |
| within the
time for filing a motion for rehearing, the 20 day |
5 |
| period within which a
motion may be filed shall commence upon |
6 |
| the delivery of the transcript.
|
7 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
8 |
| (225 ILCS 15/21.4)
|
9 |
| (Section scheduled to be repealed on January 1, 2007)
|
10 |
| Sec. 21.4. Order or certified copy; prima facie proof. An |
11 |
| order or certified copy thereof, over the seal of
the |
12 |
| Department and purporting to be signed by the Secretary
|
13 |
| Director , is prima facie
proof that:
|
14 |
| (1) the signature is the genuine signature of the |
15 |
| Secretary
Director ;
|
16 |
| (2) the Secretary
Director is duly appointed and |
17 |
| qualified; and
|
18 |
| (3) the Board and the members thereof are qualified to |
19 |
| act.
|
20 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
21 |
| (225 ILCS 15/21.6)
|
22 |
| (Section scheduled to be repealed on January 1, 2007)
|
23 |
| Sec. 21.6. Summary suspension of license. The Secretary
|
24 |
| Director may summarily
suspend the license of a clinical |
25 |
| psychologist without a hearing,
simultaneously with the |
26 |
| institution of proceedings for a hearing provided for
in |
27 |
| Section 16 of this Act, if the Secretary
Director finds that |
28 |
| evidence in the
possession of the Secretary
Director indicates |
29 |
| that the continuation of practice by the
clinical psychologist |
30 |
| would constitute an imminent danger to the public. In
the event |
31 |
| that the Secretary
Director summarily suspends the license of |
32 |
| an individual
without a hearing, a hearing must be held within |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| 30 days after the suspension
has occurred.
|
2 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
3 |
| (225 ILCS 15/25) (from Ch. 111, par. 5375)
|
4 |
| (Section scheduled to be repealed on January 1, 2007)
|
5 |
| Sec. 25. Returned checks; fines. Any person who delivers a |
6 |
| check or other
payment to the Department that
is returned to |
7 |
| the Department unpaid by the financial institution upon
which |
8 |
| it is drawn shall pay to the Department, in addition to the |
9 |
| amount
already owed to the Department, a fine of $50. The fines |
10 |
| imposed by this Section are in addition
to any other discipline |
11 |
| provided under this Act for unlicensed
practice or practice on |
12 |
| a nonrenewed license. The Department shall notify
the person |
13 |
| that payment of fees and fines shall be paid to the Department
|
14 |
| by certified check or money order within 30 calendar days of |
15 |
| the
notification. If, after the expiration of 30 days from the |
16 |
| date of the
notification, the person has failed to submit the |
17 |
| necessary remittance, the
Department shall automatically |
18 |
| terminate the license or certificate or deny
the application, |
19 |
| without hearing. If, after termination or denial, the
person |
20 |
| seeks a license or certificate, he or she shall apply to the
|
21 |
| Department for restoration or issuance of the license or |
22 |
| certificate and
pay all fees and fines due to the Department. |
23 |
| The Department may establish
a fee for the processing of an |
24 |
| application for restoration of a license or
certificate to pay |
25 |
| all expenses of processing this application. The Secretary
|
26 |
| Director
may waive the fines due under this Section in |
27 |
| individual cases where the
Secretary
Director finds that the |
28 |
| fines would be unreasonable or unnecessarily
burdensome.
|
29 |
| (Source: P.A. 92-146, eff. 1-1-02.)
|
30 |
| (225 ILCS 15/27) (from Ch. 111, par. 5377)
|
31 |
| (Section scheduled to be repealed on January 1, 2007)
|
32 |
| Sec. 27. Injunctions. It is hereby declared to be a public |
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| nuisance for
any person
to render or offer to render clinical |
2 |
| psychological services as defined in
Section 2 of this Act or |
3 |
| to represent himself as a clinical
psychologist or
that the |
4 |
| services he or she
renders are clinical psychological services |
5 |
| as defined in
Section 2 of this Act, without having in effect a
|
6 |
| currently valid license as defined in this Act. The Secretary
|
7 |
| Director , Attorney
General, or the State's
Attorney of the |
8 |
| county in which such nuisance has occurred may file
a complaint |
9 |
| in the circuit court in the name of the People of the State of
|
10 |
| Illinois perpetually to enjoin such person from performing such |
11 |
| unlawful
acts. Upon the filing of a verified complaint in such |
12 |
| cause, the court, if
satisfied that such unlawful act has been |
13 |
| performed and may continue to be
performed, shall enter a |
14 |
| temporary restraining order or preliminary
injunction without |
15 |
| notice or bond enjoining the defendant from performing
such |
16 |
| unlawful act.
|
17 |
| If it is established that the defendant contrary to this |
18 |
| Act has been
rendering or offering to render clinical |
19 |
| psychological services as defined in
Section 2 of this Act or
|
20 |
| is engaging in or about to engage in representing himself as a |
21 |
| clinical
psychologist or
that the services he or she renders |
22 |
| are clinical psychological
services as defined in Section 2 of |
23 |
| this Act,
without having been issued a license or after his or |
24 |
| her license has been
suspended or revoked or after his or her |
25 |
| license has not been renewed, the
court,
may enter a judgment |
26 |
| perpetually enjoining such person from further
engaging in the |
27 |
| unlawful act. In case of violation of any injunction
entered |
28 |
| under this Section, the court, may summarily try and punish the
|
29 |
| offender for contempt of court. Such injunction proceedings |
30 |
| shall be in
addition to, and not in lieu of, all penalties and |
31 |
| other remedies provided
in this Act.
|
32 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
33 |
| (225 ILCS 15/27.2)
|
|
|
|
09400SB2297sam001 |
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LRB094 18618 RAS 55282 a |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2007)
|
2 |
| Sec. 27.2. Cease and desist order. If any person violates |
3 |
| the provisions
of this Act,
the Secretary
Director , in the name |
4 |
| of the People of the State of Illinois, through the
Attorney |
5 |
| General or the State's Attorney of the county in which the |
6 |
| violation
is
alleged to have occurred, may petition for an |
7 |
| order enjoining the violation or
for an order enforcing |
8 |
| compliance with this Act. Upon the filing of a verified
|
9 |
| petition, the court with appropriate jurisdiction may issue a |
10 |
| temporary
restraining order, without notice or bond, and may |
11 |
| preliminarily and
permanently enjoin the violation. If it is |
12 |
| established that the person has
violated or is violating the |
13 |
| injunction, the court may punish the offender for
contempt of |
14 |
| court. Proceedings under this Section are in addition to, and |
15 |
| not
in lieu of, all other remedies and penalties provided by |
16 |
| this Act.
|
17 |
| Whenever, in the opinion of the Department, a person |
18 |
| violates any provision
of this Act, the Department may issue a |
19 |
| rule to show cause why an order to
cease and desist should not |
20 |
| be entered against that person. The rule shall
clearly set |
21 |
| forth the grounds relied upon by the Department and shall allow |
22 |
| at
least 7 days from the date of the rule to file an answer |
23 |
| satisfactory to the
Department. Failure to answer to the |
24 |
| satisfaction of the Department shall
cause an order to cease |
25 |
| and desist to be issued.
|
26 |
| (Source: P.A. 89-702, eff. 7-1-97.)
|
27 |
| Section 99. Effective date. This Act takes effect upon |
28 |
| becoming law.".
|