Sen. Carol Ronen

Filed: 2/7/2006

 

 


 

 


 
09400SB2297sam001 LRB094 18618 RAS 55282 a

1
AMENDMENT TO SENATE BILL 2297

2     AMENDMENT NO. ______. Amend Senate Bill 2297 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.17 and by adding Section 4.27 as follows:
 
6     (5 ILCS 80/4.17)
7     Sec. 4.17. Acts repealed on January 1, 2007. The following
8 are repealed on January 1, 2007:
9         The Boiler and Pressure Vessel Repairer Regulation
10     Act.
11         The Structural Pest Control Act.
12         Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC,
13     XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
14     Insurance Code.
15         The Clinical Psychologist Licensing Act.
16         The Illinois Optometric Practice Act of 1987.
17         The Medical Practice Act of 1987.
18         The Environmental Health Practitioner Licensing Act.
19 (Source: P.A. 92-837, eff. 8-22-02.)
 
20     (5 ILCS 80/4.27 new)
21     Sec. 4.27. Act repealed on January 1, 2017. The following
22 Act is repealed on January 1, 2017:
23     The Clinical Psychologist Licensing Act.
 

 

 

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1     Section 10. The Clinical Psychologist Licensing Act is
2 amended by changing Sections 2, 3, 7, 13, 15, 15.4, 16, 16.1,
3 16.5, 17, 20, 21.4, 21.6, 25, 27, and 27.2 as follows:
 
4     (225 ILCS 15/2)  (from Ch. 111, par. 5352)
5     (Section scheduled to be repealed on January 1, 2007)
6     Sec. 2. Definitions. As used in this Act:
7         (1) "Department" means the Department of Financial and
8     Professional Regulation.
9         (2) "Secretary Director" means the Secretary Director
10     of Financial and Professional Regulation.
11         (3) "Board" means the Clinical Psychologists Licensing
12     and Disciplinary Board appointed by the Secretary
13     Director.
14         (4) "Person" means an individual, association,
15     partnership or corporation.
16         (5) "Clinical psychology" means the independent
17     evaluation, classification and treatment of mental,
18     emotional, behavioral or nervous disorders or conditions,
19     developmental disabilities, alcoholism and substance
20     abuse, disorders of habit or conduct, the psychological
21     aspects of physical illness. The practice of clinical
22     psychology includes psychoeducational evaluation, therapy,
23     remediation and consultation, the use of psychological and
24     neuropsychological testing, assessment, psychotherapy,
25     psychoanalysis, hypnosis, biofeedback, and behavioral
26     modification when any of these are used for the purpose of
27     preventing or eliminating psychopathology, or for the
28     amelioration of psychological disorders of individuals or
29     groups. "Clinical psychology" does not include the use of
30     hypnosis by unlicensed persons pursuant to Section 3.
31         (6) A person represents himself to be a "clinical
32     psychologist" within the meaning of this Act when he or she

 

 

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1     holds himself out to the public by any title or description
2     of services incorporating the words "psychological",
3     "psychologic", "psychologist", "psychology", or "clinical
4     psychologist" or under such title or description offers to
5     render or renders clinical psychological services as
6     defined in paragraph (7) of this Section to individuals,
7     corporations, or the public for remuneration.
8         (7) "Clinical psychological services" refers to any
9     services under paragraph (5) of this Section if the words
10     "psychological", "psychologic", "psychologist",
11     "psychology" or "clinical psychologist" are used to
12     describe such services by the person or organization
13     offering to render or rendering them.
14     This Act shall not apply to persons lawfully carrying on
15 their particular profession or business under any valid
16 existing regulatory Act of the State.
17 (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
 
18     (225 ILCS 15/3)  (from Ch. 111, par. 5353)
19     (Section scheduled to be repealed on January 1, 2007)
20     Sec. 3. Necessity of license; corporations, partnerships,
21 and associations; display of license.
22     (a) No individual, partnership, association or corporation
23 shall, without a valid license as a clinical psychologist
24 issued by the Department, in any manner hold himself or herself
25 out to the public as a psychologist or clinical psychologist
26 under the provisions of this Act or render or offer to render
27 clinical psychological services as defined in paragraph 7 of
28 Section 2 of this Act; or attach the title "clinical
29 psychologist", "psychologist" or any other name or designation
30 which would in any way imply that he or she is able to practice
31 as a clinical psychologist; or offer to render or render, to
32 individuals, corporations or the public, clinical
33 psychological services as defined in paragraph 7 of Section 2

 

 

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1 of this Act.
2     No person may engage in the practice of clinical
3 psychology, as defined in paragraph (5) of Section 2 of this
4 Act, without a license granted under this Act, except as
5 otherwise provided in this Act.
6     (b) No association or partnership shall be granted a
7 license unless every member, partner, and employee of the
8 association or partnership who renders clinical psychological
9 services holds a currently valid license issued under this Act.
10 No license shall be issued by the Department to a corporation
11 that (i) has a stated purpose that includes clinical
12 psychology, or (ii) practices or holds itself out as available
13 to practice clinical psychology, unless it is organized under
14 the Professional Service Corporation Act.
15     (c) Individuals, corporations, partnerships and
16 associations may employ practicum students, interns or
17 postdoctoral candidates seeking to fulfill educational
18 requirements or the professional experience requirements
19 needed to qualify for a license as a clinical psychologist to
20 assist in the rendering of services, provided that such
21 employees function under the direct supervision, order,
22 control and full professional responsibility of a licensed
23 clinical psychologist in the corporation, partnership or
24 association. Nothing in this paragraph shall prohibit a
25 corporation, partnership or association from contracting with
26 a licensed health care professional to provide services.
27     (d) Nothing in this Act shall prevent the employment, by a
28 clinical psychologist, individual, association, partnership or
29 a corporation furnishing clinical psychological services for
30 remuneration, of persons not licensed as clinical
31 psychologists under the provisions of this Act to perform
32 services in various capacities as needed, provided that such
33 persons are not in any manner held out to the public as
34 rendering clinical psychological services as defined in

 

 

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1 paragraph 7 of Section 2 of this Act. Nothing contained in this
2 Act shall require any hospital, clinic, home health agency,
3 hospice, or other entity that provides health care services to
4 employ or to contract with a clinical psychologist licensed
5 under this Act to perform any of the activities under paragraph
6 (5) of Section 2 of this Act.
7     (e) Nothing in this Act shall be construed to limit the
8 services and use of official title on the part of a person, not
9 licensed under the provisions of this Act, in the employ of a
10 State, county or municipal agency or other political
11 subdivision insofar that such services are a part of the duties
12 in his or her salaried position, and insofar that such services
13 are performed solely on behalf of his or her employer.
14     Nothing contained in this Section shall be construed as
15 permitting such person to offer their services as psychologists
16 to any other persons and to accept remuneration for such
17 psychological services other than as specifically excepted
18 herein, unless they have been licensed under the provisions of
19 this Act.
20     (f) Duly recognized members of any bonafide religious
21 denomination shall not be restricted from functioning in their
22 ministerial capacity provided they do not represent themselves
23 as being clinical psychologists or providing clinical
24 psychological services.
25     (g) Nothing in this Act shall prohibit individuals not
26 licensed under the provisions of this Act who work in self-help
27 groups or programs or not-for-profit organizations from
28 providing services in those groups, programs, or
29 organizations, provided that such persons are not in any manner
30 held out to the public as rendering clinical psychological
31 services as defined in paragraph 7 of Section 2 of this Act.
32     (h) Nothing in this Act shall be construed to prevent a
33 person from practicing hypnosis without a license issued under
34 this Act provided that the person (1) does not otherwise engage

 

 

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1 in the practice of clinical psychology including, but not
2 limited to, the independent evaluation, classification, and
3 treatment of mental, emotional, behavioral, or nervous
4 disorders or conditions, developmental disabilities,
5 alcoholism and substance abuse, disorders of habit or conduct,
6 the psychological aspects of physical illness, (2) does not
7 otherwise engage in the practice of medicine including, but not
8 limited to, the diagnosis or treatment of physical or mental
9 ailments or conditions, and (3) does not hold himself or
10 herself out to the public by a title or description stating or
11 implying that the individual is a clinical psychologist or is
12 licensed to practice clinical psychology.
13     (i) Every licensee under this Act shall prominently display
14 the license at the licensee's principal office, place of
15 business, or place of employment and, whenever requested by any
16 representative of the Department, must exhibit the license.
17 (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
 
18     (225 ILCS 15/7)  (from Ch. 111, par. 5357)
19     (Section scheduled to be repealed on January 1, 2007)
20     Sec. 7. Board. The Secretary Director shall appoint a Board
21 that shall serve in an advisory capacity to the Secretary
22 Director.
23     The Board shall consist of 7 persons, 4 of whom are
24 licensed clinical psychologists, and actively engaged in the
25 practice of clinical psychology, 2 of whom are licensed
26 clinical psychologists and are full time faculty members of
27 accredited colleges or universities who are engaged in training
28 clinical psychologists, and one of whom is a public member who
29 is not a licensed health care provider. In appointing members
30 of the Board, the Secretary Director shall give due
31 consideration to the adequate representation of the various
32 fields of health care psychology such as clinical psychology,
33 school psychology and counseling psychology. In appointing

 

 

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1 members of the Board, the Secretary Director shall give due
2 consideration to recommendations by members of the profession
3 of clinical psychology and by the State-wide organizations
4 representing the interests of clinical psychologists and
5 organizations representing the interests of academic programs
6 as well as recommendations by approved doctoral level
7 psychology programs in the State of Illinois. The members shall
8 be appointed for a term of 4 years. No member shall be eligible
9 to serve for more than 2 full terms. Any appointment to fill a
10 vacancy shall be for the unexpired portion of the term. A
11 member appointed to fill a vacancy for an unexpired term for a
12 duration of 2 years or more may be reappointed for a maximum of
13 one term and a member appointed to fill a vacancy for an
14 unexpired term for a duration of less than 2 years may be
15 reappointed for a maximum of 2 terms. The Secretary Director
16 may remove any member for cause at any time prior to the
17 expiration of his or her term.
18     The Board shall annually elect one of its members as
19 chairperson and vice chairperson.
20     The members of the Board shall be reimbursed for all
21 authorized legitimate and necessary expenses incurred in
22 attending the meetings of the Board.
23     The Secretary Director shall give due consideration to all
24 recommendations of the Board. In the event the Secretary
25 Director disagrees with or takes action contrary to the
26 recommendation of the Board, he or she shall provide the Board
27 with a written and specific explanation of his or her actions.
28     A majority of the Board members currently appointed shall
29 constitute a quorum. A vacancy in the membership of the Board
30 shall not impair the right of a quorum to perform all of the
31 duties of the Board.
32     Members of the Board shall have no liability in any action
33 based upon any disciplinary proceeding or other activity
34 performed in good faith as a member of the Board.

 

 

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1     The Secretary Director may terminate the appointment of any
2 member for cause which in the opinion of the Secretary Director
3 reasonably justifies such termination.
4 (Source: P.A. 93-745, eff. 7-15-04.)
 
5     (225 ILCS 15/13)  (from Ch. 111, par. 5363)
6     (Section scheduled to be repealed on January 1, 2007)
7     Sec. 13. License renewal; restoration. The expiration date
8 and renewal period for each license issued under this Act shall
9 be set by rule. Every holder of a license under this Act may
10 renew such license during the 90-day period immediately month
11 preceding the expiration date thereof upon payment of the
12 required renewal fees.
13     A clinical psychologist who has permitted his or her
14 license to expire or who has had his or her license on inactive
15 status may have his or her license restored by making
16 application to the Department and filing proof acceptable to
17 the Department of his or her fitness to have his or her license
18 restored, including evidence certifying to active practice in
19 another jurisdiction satisfactory to the Department and by
20 paying the required restoration fee.
21     If the clinical psychologist has not maintained an active
22 practice in another jurisdiction satisfactory to the
23 Department, the Board shall determine, by an evaluation program
24 established by rule, his or her fitness to resume active status
25 and may require the clinical psychologist to complete a period
26 of supervised professional experience and may require
27 successful completion of an examination.
28     However, any clinical psychologist whose license expired
29 while he or she was (1) in Federal Service on active duty with
30 the Armed Forces of the United States, or the State Militia
31 called into service or training, or (2) in training or
32 education under the supervision of the United States
33 preliminary to induction into the military service, may have

 

 

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1 his or her license renewed or restored without paying any
2 lapsed renewal fees if within 2 years after honorable
3 termination of such service, training or education he or she
4 furnishes the Department with satisfactory evidence to the
5 effect that he or she has been so engaged and that his or her
6 service, training or education has been so terminated.
7 (Source: P.A. 89-702, eff. 7-1-97.)
 
8     (225 ILCS 15/15)  (from Ch. 111, par. 5365)
9     (Section scheduled to be repealed on January 1, 2007)
10     Sec. 15. Disciplinary action; grounds. The Department may
11 refuse to issue, refuse to renew, suspend, or revoke any
12 license, or may place on probation, censure, reprimand, or take
13 other disciplinary action deemed appropriate by the
14 Department, including the imposition of fines not to exceed
15 $10,000 $5000 for each violation, with regard to any license
16 issued under the provisions of this Act for any one or a
17 combination of the following reasons:
18     (1) Conviction of, or entry of a plea of guilty or nolo
19 contendere to, any crime that is a felony under the laws of the
20 United States or any state or territory thereof or that is a
21 misdemeanor of which an essential element is dishonesty, or any
22 crime that is directly related to the practice of the
23 profession.
24     (2) Gross negligence in the rendering of clinical
25 psychological services.
26     (3) Using fraud or making any misrepresentation in applying
27 for a license or in passing the examination provided for in
28 this Act.
29     (4) Aiding or abetting or conspiring to aid or abet a
30 person, not a clinical psychologist licensed under this Act, in
31 representing himself or herself as so licensed or in applying
32 for a license under this Act.
33     (5) Violation of any provision of this Act or the rules

 

 

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1 promulgated thereunder.
2     (6) Professional connection or association with any
3 person, firm, association, partnership or corporation holding
4 himself, herself, themselves, or itself out in any manner
5 contrary to this Act.
6     (7) Unethical, unauthorized or unprofessional conduct as
7 defined by rule. In establishing those rules, the Department
8 shall consider, though is not bound by, the ethical standards
9 for psychologists promulgated by recognized national
10 psychology associations.
11     (8) Aiding or assisting another person in violating any
12 provisions of this Act or the rules promulgated thereunder.
13     (9) Failing to provide, within 60 days, information in
14 response to a written request made by the Department.
15     (10) Habitual or excessive use or addiction to alcohol,
16 narcotics, stimulants, or any other chemical agent or drug that
17 results in a clinical psychologist's inability to practice with
18 reasonable judgment, skill or safety.
19     (11) Discipline by another state, territory, the District
20 of Columbia or foreign country, if at least one of the grounds
21 for the discipline is the same or substantially equivalent to
22 those set forth herein.
23     (12) Directly or indirectly giving or receiving from any
24 person, firm, corporation, association or partnership any fee,
25 commission, rebate or other form of compensation for any
26 professional service not actually or personally rendered.
27     (13) A finding by the Board that the licensee, after having
28 his or her license placed on probationary status has violated
29 the terms of probation.
30     (14) Willfully making or filing false records or reports,
31 including but not limited to, false records or reports filed
32 with State agencies or departments.
33     (15) Physical illness, including but not limited to,
34 deterioration through the aging process, mental illness or

 

 

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1 disability that results in the inability to practice the
2 profession with reasonable judgment, skill and safety.
3     (16) Willfully failing to report an instance of suspected
4 child abuse or neglect as required by the Abused and Neglected
5 Child Reporting Act.
6     (17) Being named as a perpetrator in an indicated report by
7 the Department of Children and Family Services pursuant to the
8 Abused and Neglected Child Reporting Act, and upon proof by
9 clear and convincing evidence that the licensee has caused a
10 child to be an abused child or neglected child as defined in
11 the Abused and Neglected Child Reporting Act.
12     (18) Violation of the Health Care Worker Self-Referral Act.
13     (19) Making a material misstatement in furnishing
14 information to the Department, any other State or federal
15 agency, or any other entity.
16     (20) Failing to report to the Department any adverse
17 judgment, settlement, or award arising from a liability claim
18 related to an act or conduct similar to an act or conduct that
19 would constitute grounds for action as set forth in this
20 Section.
21     (21) Failing to report to the Department any adverse final
22 action taken against a licensee or applicant by another
23 licensing jurisdiction, including any other state or territory
24 of the United States or any foreign state or country, or any
25 peer review body, health care institution, professional
26 society or association related to the profession, governmental
27 agency, law enforcement agency, or court for an act or conduct
28 similar to an act or conduct that would constitute grounds for
29 disciplinary action as set forth in this Section.
30     The entry of an order by any circuit court establishing
31 that any person holding a license under this Act is subject to
32 involuntary admission or judicial admission as provided for in
33 the Mental Health and Developmental Disabilities Code,
34 operates as an automatic suspension of that license. That

 

 

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1 person may have his or her license restored only upon the
2 determination by a circuit court that the patient is no longer
3 subject to involuntary admission or judicial admission and the
4 issuance of an order so finding and discharging the patient and
5 upon the Board's recommendation to the Department that the
6 license be restored. Where the circumstances so indicate, the
7 Board may recommend to the Department that it require an
8 examination prior to restoring any license so automatically
9 suspended.
10     The Department may refuse to issue or may suspend the
11 license of any person who fails to file a return, or to pay the
12 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

 

 

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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.

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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)

 

 

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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.".