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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.18 and by adding Section 4.28 as follows:
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6 | (5 ILCS 80/4.18)
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7 | Sec. 4.18. Acts repealed January 1, 2008. The following | ||||||
8 | Acts
are repealed on January 1, 2008:
| ||||||
9 | The Acupuncture Practice Act.
| ||||||
10 | The Clinical Social Work and Social Work Practice Act.
| ||||||
11 | The Home Medical Equipment and Services Provider License | ||||||
12 | Act.
| ||||||
13 | The Nursing and Advanced Practice Nursing Act.
| ||||||
14 | The Illinois Petroleum Education and Marketing Act.
| ||||||
15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
| ||||||
17 | The Marriage and Family Therapy Licensing Act.
| ||||||
18 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
19 | Act.
| ||||||
20 | The Pharmacy Practice Act of 1987.
| ||||||
21 | The Physician Assistant Practice Act of 1987.
| ||||||
22 | The Podiatric Medical Practice Act of 1987.
| ||||||
23 | The Structural Pest Control Act.
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1 | (Source: P.A. 94-754, eff. 5-10-06.)
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2 | (5 ILCS 80/4.28 new) | ||||||
3 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
4 | Act is repealed on January 1, 2018: | ||||||
5 | The Marriage and Family Therapy Licensing Act. | ||||||
6 | Section 10. The Marriage and Family Therapy Licensing Act | ||||||
7 | is amended by changing Sections 10, 25, 30, 60, 65, 85, 90, 95, | ||||||
8 | 105, 110, 115, 120, 125, 130, and 145 and by adding Section 91 | ||||||
9 | as follows:
| ||||||
10 | (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 10. Definitions. As used in this Act:
| ||||||
13 | "Advertise" means, but is not limited to, issuing or | ||||||
14 | causing to
be distributed any card, sign or device to any | ||||||
15 | person; or causing,
permitting or allowing any sign or marking | ||||||
16 | on or in any building,
structure, newspaper, magazine or | ||||||
17 | directory, or on radio or television; or
advertising by any | ||||||
18 | other means designed to secure public attention.
| ||||||
19 | "Approved program" means an approved comprehensive program | ||||||
20 | of study in
marriage and family therapy in a regionally | ||||||
21 | accredited educational institution
approved by the Department | ||||||
22 | for the training
of marriage and family therapists.
| ||||||
23 | "Associate licensed marriage and family therapist" means a |
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| |||||||
1 | person
to whom an associate marriage and family therapist | ||||||
2 | license has been issued
under this Act.
| ||||||
3 | "Board" means the Illinois Marriage and Family Therapy | ||||||
4 | Licensing and
Disciplinary Board.
| ||||||
5 | "Department" means the Department of Financial and
| ||||||
6 | Professional Regulation.
| ||||||
7 | "Director" means the Director of the Department of | ||||||
8 | Professional
Regulation.
| ||||||
9 | "License" means that which is required to practice marriage | ||||||
10 | and family
therapy under this Act, the qualifications for which | ||||||
11 | include specific
education, acceptable experience and | ||||||
12 | examination requirements.
| ||||||
13 | "Licensed marriage and family therapist" means a person
to | ||||||
14 | whom a
marriage and family therapist license has been issued | ||||||
15 | under this Act.
| ||||||
16 | "Marriage and family therapy" means the evaluation and | ||||||
17 | treatment of
mental and emotional problems within the context | ||||||
18 | of human relationships.
Marriage and family therapy involves | ||||||
19 | the use of psychotherapeutic methods
to ameliorate | ||||||
20 | interpersonal and intrapersonal conflict and to modify
| ||||||
21 | perceptions, beliefs and behavior in areas of human life that | ||||||
22 | include, but
are not limited to, premarriage, marriage, | ||||||
23 | sexuality, family, divorce
adjustment, and parenting.
| ||||||
24 | "Person" means any individual, firm, corporation, | ||||||
25 | partnership,
organization, or body politic.
| ||||||
26 | "Practice of marriage and family therapy" means the |
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| |||||||
1 | rendering of
marriage and family therapy services to | ||||||
2 | individuals, couples, and families
as defined in this Section, | ||||||
3 | either singly or in groups, whether the
services are offered | ||||||
4 | directly to the general public or through
organizations, either | ||||||
5 | public or private, for a fee, monetary or otherwise.
| ||||||
6 | "Secretary" means the Secretary of Financial and | ||||||
7 | Professional Regulation.
| ||||||
8 | "Title or description" means to hold oneself out as a | ||||||
9 | licensed marriage
and family therapist or an associate licensed | ||||||
10 | marriage and family therapist
to the public by means of stating | ||||||
11 | on signs,
mailboxes, address plates, stationery, | ||||||
12 | announcements, calling cards or
other instruments of | ||||||
13 | professional identification.
| ||||||
14 | (Source: P.A. 91-362, eff. 1-1-00.)
| ||||||
15 | (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
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16 | (Section scheduled to be repealed on January 1, 2008)
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17 | Sec. 25. Marriage and Family Therapy Licensing and | ||||||
18 | Disciplinary Board.
| ||||||
19 | (a) There is established within the Department the Marriage | ||||||
20 | and
Family Therapy Licensing and Disciplinary Board to be | ||||||
21 | appointed by the
Secretary
Director . The Board shall be | ||||||
22 | composed of 7 persons who shall serve in an
advisory capacity | ||||||
23 | to the Secretary
Director . The Board shall elect a chairperson | ||||||
24 | and a
vice chairperson.
| ||||||
25 | (b) In appointing members of the Board, the Secretary
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1 | Director shall give due
consideration to recommendations by | ||||||
2 | members of the profession of marriage
and family therapy and by | ||||||
3 | the statewide organizations solely representing
the interests | ||||||
4 | of marriage and family therapists.
| ||||||
5 | (c) Five members of the Board shall be marriage and family
| ||||||
6 | therapists who have been in active practice for at least 5 | ||||||
7 | years immediately
preceding their appointment, or engaged in | ||||||
8 | the education and training of
masters, doctoral, or | ||||||
9 | post-doctoral students of marriage and family
therapy,
or | ||||||
10 | engaged in marriage and family therapy research. Each marriage | ||||||
11 | or
family therapy teacher or researcher shall have spent the | ||||||
12 | majority of the
time devoted to the study or research of | ||||||
13 | marriage and family therapy during
the 2 years immediately | ||||||
14 | preceding his or her appointment to the Board. The appointees | ||||||
15 | shall be licensed under this Act.
| ||||||
16 | (d) Two members shall be representatives of the general | ||||||
17 | public who have no
direct affiliation or work experience with | ||||||
18 | the practice of marriage and
family therapy and who clearly | ||||||
19 | represent consumer interests.
| ||||||
20 | (e) Board members shall
be appointed for terms of 4 years | ||||||
21 | each, except that any person chosen to
fill a vacancy shall be | ||||||
22 | appointed only for the unexpired term of the Board
member whom | ||||||
23 | he or she shall succeed. Upon the expiration of this term of
| ||||||
24 | office, a Board member shall continue to serve until a | ||||||
25 | successor is
appointed and qualified. No member shall be | ||||||
26 | reappointed to the Board for
a term that would cause continuous |
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| |||||||
1 | service on the Board to be longer than 8
years.
| ||||||
2 | (f) The membership of the Board shall reasonably reflect | ||||||
3 | representation
from the various geographic areas of the State.
| ||||||
4 | (g) Members of the Board shall be immune from suit in any | ||||||
5 | action based
upon any disciplinary proceedings or other | ||||||
6 | activities performed in good
faith as members of the Board.
| ||||||
7 | (h) The Secretary
Director may remove any member of the | ||||||
8 | Board for any cause that,
in the opinion of the Secretary
| ||||||
9 | Director , reasonably justifies termination.
| ||||||
10 | (i) The Secretary
Director may consider the | ||||||
11 | recommendations of the
Board on questions of standards of | ||||||
12 | professional conduct, discipline, and
qualification of | ||||||
13 | candidates or licensees under this Act.
| ||||||
14 | (j) The members of the Board shall be reimbursed for all | ||||||
15 | legitimate,
necessary, and authorized expenses.
| ||||||
16 | (k) A majority of the Board members currently appointed | ||||||
17 | shall constitute a
quorum. A vacancy in the membership of the | ||||||
18 | Board shall not impair the right of
a quorum to exercise all | ||||||
19 | the rights and perform all the duties of the Board.
| ||||||
20 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
21 | (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
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22 | (Section scheduled to be repealed on January 1, 2008)
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23 | Sec. 30. Application.
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24 | (a) Applications for original licensure shall be made to | ||||||
25 | the Department
in writing on forms prescribed by the Department |
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| |||||||
1 | and shall be accompanied
by the appropriate documentation and | ||||||
2 | the required fee, which fee is
nonrefundable. Any application | ||||||
3 | shall require such information as, in the
judgment of the | ||||||
4 | Department, will enable the Department to pass on the
| ||||||
5 | qualifications of the applicant for licensing.
| ||||||
6 | (b) Applicants have 3 years from the date of application to | ||||||
7 | complete the
application process. If the application has not | ||||||
8 | been completed within 3 years,
the application shall be denied, | ||||||
9 | the fee shall be forfeited, and the applicant
must reapply and | ||||||
10 | meet the requirements in effect at the time of reapplication.
| ||||||
11 | (c) A license shall not be denied to an applicant because | ||||||
12 | of the applicant's
race, religion, creed, national origin, | ||||||
13 | political beliefs or activities, age,
sex, sexual orientation, | ||||||
14 | or physical disability that does not affect a person's ability | ||||||
15 | to practice with reasonable judgment, skill, or safety
| ||||||
16 | impairment .
| ||||||
17 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
18 | (225 ILCS 55/60) (from Ch. 111, par. 8351-60)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
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20 | Sec. 60. Payments; penalty for insufficient funds. Any | ||||||
21 | person who delivers a
check or other payment to the Department | ||||||
22 | that is returned to the Department
unpaid by the financial | ||||||
23 | institution upon which it is drawn shall pay to the
Department, | ||||||
24 | in addition to the amount already owed to the Department, a | ||||||
25 | fine of
$50. The fines imposed
by
this Section are in addition |
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| |||||||
1 | to any other discipline provided under this Act
prohibiting | ||||||
2 | unlicensed practice or practice on a nonrenewed license. The
| ||||||
3 | Department shall notify the person that payment of fees and | ||||||
4 | fines shall be paid
to the Department by certified check or | ||||||
5 | money order within 30 calendar days
after notification. If, | ||||||
6 | after the expiration of 30 days from the date of the
| ||||||
7 | notification, the person has failed to submit the necessary | ||||||
8 | remittance, the
Department shall automatically terminate the | ||||||
9 | license or deny
the
application, without hearing. If, after | ||||||
10 | termination or denial, the person seeks
a license, he or she | ||||||
11 | shall apply to the Department for
restoration or issuance of | ||||||
12 | the license and pay all fees and
fines due to the Department. | ||||||
13 | The Department may establish a fee for the
processing of an | ||||||
14 | application for restoration of a license to
pay
all expenses of | ||||||
15 | processing this application. The Secretary
Director may waive | ||||||
16 | the fines
due under this Section in individual cases where the | ||||||
17 | Secretary
Director finds that the
fines would be unreasonable | ||||||
18 | or unnecessarily burdensome.
| ||||||
19 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
20 | (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
22 | Sec. 65. Endorsement. The Department may issue a license as | ||||||
23 | a
licensed marriage and family therapist, without the required | ||||||
24 | examination,
to an applicant licensed under the laws of another | ||||||
25 | state if the
requirements for licensure in that state are, on |
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| |||||||
1 | the date of licensure,
substantially equal to the requirements | ||||||
2 | of this Act or to a person who, at
the time of his or her | ||||||
3 | application for licensure, possessed individual
qualifications | ||||||
4 | that were
substantially equivalent to the requirements then in | ||||||
5 | force in this State. An
applicant under
this Section shall pay | ||||||
6 | all of the required fees.
| ||||||
7 | Applicants have 3 years from the date of application to | ||||||
8 | complete the
application process. If the process has not been | ||||||
9 | completed within the 3
years, the application shall be denied, | ||||||
10 | the fee shall be forfeited, and the
applicant
must reapply and | ||||||
11 | meet the requirements in effect at the time of
reapplication.
| ||||||
12 | (Source: P.A. 90-61, eff. 12-30-97.)
| ||||||
13 | (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 85. Refusal, revocation, or suspension.
| ||||||
16 | (a) The Department may refuse to issue or renew, or may | ||||||
17 | revoke a
license, or may suspend, place on probation, fine, or | ||||||
18 | take any
disciplinary or non-disciplinary action as the | ||||||
19 | Department may deem proper, including fines not
to exceed | ||||||
20 | $10,000
$1000 for each violation, with regard to any licensee | ||||||
21 | for any one or
combination of the following causes:
| ||||||
22 | (1) Material misstatement in furnishing information to | ||||||
23 | the Department.
| ||||||
24 | (2) Violations of this Act or its rules.
| ||||||
25 | (3) Conviction of or entry of a plea of guilty or nolo |
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| |||||||
1 | contendere to any crime that is a felony under the laws of | ||||||
2 | the United States or any
state or territory thereof or
that | ||||||
3 | is (i) a felony, (ii) a misdemeanor, an
essential element | ||||||
4 | of which is dishonesty, or (iii) a crime that
is
related to | ||||||
5 | the practice of the profession.
| ||||||
6 | (4) Making any misrepresentation for the purpose of | ||||||
7 | obtaining a license
or violating any provision of this Act | ||||||
8 | or its rules.
| ||||||
9 | (5) Professional incompetence or gross negligence .
| ||||||
10 | (6) Gross negligence
Malpractice .
| ||||||
11 | (7) Aiding or assisting another person in violating any | ||||||
12 | provision of
this Act or its rules.
| ||||||
13 | (8) Failing, within 30
60 days, to provide information | ||||||
14 | in response to a
written request made by the Department.
| ||||||
15 | (9) Engaging in dishonorable, unethical, or | ||||||
16 | unprofessional conduct of
a
character likely to deceive, | ||||||
17 | defraud or harm the public as defined by the
rules of the | ||||||
18 | Department, or violating the rules of professional conduct
| ||||||
19 | adopted by the Board and published by the Department.
| ||||||
20 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
21 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
22 | that results in the inability
to practice with reasonable | ||||||
23 | judgment, skill, or safety.
| ||||||
24 | (11) Discipline by another state, territory, or | ||||||
25 | country if at least one
of the grounds for the discipline | ||||||
26 | is the same or substantially equivalent
to those set forth |
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| |||||||
1 | in this Act.
| ||||||
2 | (12) Directly or indirectly giving to or receiving from | ||||||
3 | any person, firm,
corporation, partnership or association | ||||||
4 | any fee, commission, rebate, or
other form of compensation | ||||||
5 | for any professional services not actually or
personally | ||||||
6 | rendered.
| ||||||
7 | (13) A finding by the Department that the licensee, | ||||||
8 | after
having his or her license placed on probationary | ||||||
9 | status, has violated the
terms of probation.
| ||||||
10 | (14) Abandonment of a patient without cause.
| ||||||
11 | (15) Willfully making or filing false records or | ||||||
12 | reports relating to a
licensee's practice, including but | ||||||
13 | not limited to false records filed with
State agencies or | ||||||
14 | departments.
| ||||||
15 | (16) Wilfully failing to report an instance of | ||||||
16 | suspected child abuse
or neglect as required by the Abused | ||||||
17 | and Neglected Child Reporting Act.
| ||||||
18 | (17) Being named as a perpetrator in an indicated | ||||||
19 | report by the
Department of Children and Family Services | ||||||
20 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
21 | proof by clear and convincing evidence that
the licensee | ||||||
22 | has caused a child to be an abused child or neglected child | ||||||
23 | as
defined in the Abused and Neglected Child Reporting Act.
| ||||||
24 | (18) Physical illness or mental illness or impairment
| ||||||
25 | disability , including , but not limited to, deterioration | ||||||
26 | through
the aging process , or loss of motor skill
abilities |
| |||||||
| |||||||
1 | and skills that results
in the
inability to practice the | ||||||
2 | profession with reasonable judgment, skill, or
safety.
| ||||||
3 | (19) Solicitation of professional services by using | ||||||
4 | false or misleading
advertising.
| ||||||
5 | (20) A finding that licensure has been applied for or | ||||||
6 | obtained by
fraudulent means.
| ||||||
7 | (21) Practicing or attempting to practice under a name | ||||||
8 | other than the
full name as shown on the license or any | ||||||
9 | other legally authorized name.
| ||||||
10 | (22) Gross overcharging for professional services | ||||||
11 | including filing
statements for collection of fees or | ||||||
12 | moneys for which services
are not
rendered.
| ||||||
13 | (b) The Department shall deny any application for a | ||||||
14 | license , without
hearing, or renewal , without
hearing, under | ||||||
15 | this Act to any person who has defaulted on an
educational loan | ||||||
16 | guaranteed by the Illinois Student Assistance Commission;
| ||||||
17 | however, the Department may issue a license or renewal if the | ||||||
18 | person in default
has established a satisfactory repayment | ||||||
19 | record as determined by the Illinois
Student Assistance | ||||||
20 | Commission.
| ||||||
21 | (c) The determination by a circuit court that a licensee is | ||||||
22 | subject to
involuntary admission or judicial admission, as | ||||||
23 | provided in the Mental
Health and Developmental Disabilities | ||||||
24 | Code, operates as an automatic
suspension. The suspension will | ||||||
25 | terminate only upon a finding by a court
that the patient is no | ||||||
26 | longer subject to involuntary admission or judicial
admission |
| |||||||
| |||||||
1 | and the issuance of an order so finding and discharging the
| ||||||
2 | patient, and upon the recommendation of the Board to the | ||||||
3 | Secretary
Director that the
licensee be allowed to resume his | ||||||
4 | or her practice as a licensed marriage
and family therapist or | ||||||
5 | an associate marriage and family therapist.
| ||||||
6 | (d) The Department may refuse to issue or may suspend the | ||||||
7 | license of any
person who fails to file a return, pay the tax, | ||||||
8 | penalty, or interest shown
in a filed return or pay any final | ||||||
9 | assessment of tax, penalty, or interest,
as required by any tax | ||||||
10 | Act administered by the Illinois Department of
Revenue, until | ||||||
11 | the time the requirements of the tax Act are satisfied.
| ||||||
12 | (e) In enforcing this Section, the Department or Board upon | ||||||
13 | a showing of a
possible
violation may compel an individual | ||||||
14 | licensed to practice under this Act, or
who has applied for | ||||||
15 | licensure under this Act, to submit
to a mental or physical | ||||||
16 | examination, or both, as required by and at the expense
of the | ||||||
17 | Department. The Department or Board may order the examining | ||||||
18 | physician to
present
testimony concerning the mental or | ||||||
19 | physical examination of the licensee or
applicant. No | ||||||
20 | information shall be excluded by reason of any common law or
| ||||||
21 | statutory privilege relating to communications between the | ||||||
22 | licensee or
applicant and the examining physician. The | ||||||
23 | examining
physicians
shall be specifically designated by the | ||||||
24 | Board or Department.
The individual to be examined may have, at | ||||||
25 | his or her own expense, another
physician of his or her choice | ||||||
26 | present during all
aspects of this examination. Failure of an |
| |||||||
| |||||||
1 | individual to submit to a mental
or
physical examination, when | ||||||
2 | directed, shall be grounds for suspension of his or
her
license | ||||||
3 | until the individual submits to the examination if the | ||||||
4 | Department
finds,
after notice and hearing, that the refusal to | ||||||
5 | submit to the examination was
without reasonable cause.
| ||||||
6 | If the Department or Board finds an individual unable to | ||||||
7 | practice because of
the
reasons
set forth in this Section, the | ||||||
8 | Department or Board may require that individual
to submit
to
| ||||||
9 | care, counseling, or treatment by physicians approved
or | ||||||
10 | designated by the Department or Board, as a condition, term, or | ||||||
11 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
12 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
13 | Department may file, or
the Board may recommend to the | ||||||
14 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
15 | or otherwise discipline the license of the individual.
An | ||||||
16 | individual whose
license was granted, continued, reinstated, | ||||||
17 | renewed, disciplined or supervised
subject to such terms, | ||||||
18 | conditions, or restrictions, and who fails to comply
with
such | ||||||
19 | terms, conditions, or restrictions, shall be referred to the | ||||||
20 | Secretary
Director for
a
determination as to whether the | ||||||
21 | individual shall have his or her license
suspended immediately, | ||||||
22 | pending a hearing by the Department.
| ||||||
23 | In instances in which the Secretary
Director immediately | ||||||
24 | suspends a person's license
under this Section, a hearing on | ||||||
25 | that person's license must be convened by
the Department within | ||||||
26 | 30
15 days after the suspension and completed without
|
| |||||||
| |||||||
1 | appreciable
delay.
The Department and Board shall have the | ||||||
2 | authority to review the subject
individual's record of
| ||||||
3 | treatment and counseling regarding the impairment to the extent | ||||||
4 | permitted by
applicable federal statutes and regulations | ||||||
5 | safeguarding the confidentiality of
medical records.
| ||||||
6 | An individual licensed under this Act and affected under | ||||||
7 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
8 | the Department or Board that he or
she can resume
practice in | ||||||
9 | compliance with acceptable and prevailing standards under the
| ||||||
10 | provisions of his or her license.
| ||||||
11 | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
| ||||||
12 | (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
14 | Sec. 90. Violations; injunctions; cease and desist order.
| ||||||
15 | (a) If any person violates a provision of this Act, the | ||||||
16 | Secretary
Director may, in
the name of the People of the State | ||||||
17 | of Illinois, through the Attorney
General of the State of | ||||||
18 | Illinois, petition for an order enjoining the
violation or for | ||||||
19 | an order enforcing compliance with this Act. Upon the
filing of | ||||||
20 | a verified petition in court, the court may issue a temporary
| ||||||
21 | restraining order, without notice or bond, and may | ||||||
22 | preliminarily and
permanently enjoin the violation. If it is | ||||||
23 | established that the person has
violated or is violating the | ||||||
24 | injunction, the Court may punish the offender
for contempt of | ||||||
25 | court. Proceedings under this Section are in addition to,
and |
| |||||||
| |||||||
1 | not in lieu of, all other remedies and penalties provided by | ||||||
2 | this Act.
| ||||||
3 | (b) If any person practices as a marriage and family | ||||||
4 | therapist or an
associate marriage and family therapist or
| ||||||
5 | holds himself or herself out as such without having a valid | ||||||
6 | license
under this Act, then any licensee, any interested party | ||||||
7 | or any person
injured thereby may, in addition to the Secretary
| ||||||
8 | Director , petition for relief as
provided in subsection (a) of | ||||||
9 | this Section.
| ||||||
10 | (c) Whenever in the opinion of the Department any person | ||||||
11 | violates any
provision of this Act, the Department may issue a | ||||||
12 | rule to show cause why an
order to cease and desist should not | ||||||
13 | be entered against him or her. The
rule shall clearly set forth | ||||||
14 | the grounds relied upon by the Department and
shall provide a | ||||||
15 | period of 7 days from the date of the rule to file an
answer to | ||||||
16 | the satisfaction of the Department. Failure to answer to the
| ||||||
17 | satisfaction of the Department shall cause an order to cease | ||||||
18 | and desist to
be issued immediately.
| ||||||
19 | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
| ||||||
20 | (225 ILCS 55/91 new) | ||||||
21 | Sec. 91. Unlicensed practice; civil penalty.
| ||||||
22 | (a) Any person who practices, offers to practice, attempts | ||||||
23 | to practice, or holds himself or herself out to practice as a | ||||||
24 | licensed marriage and family therapist without being licensed | ||||||
25 | under this Act shall, in addition to any other penalty provided |
| |||||||
| |||||||
1 | by law, pay a civil penalty to the Department in an amount not | ||||||
2 | to exceed $10,000 for each offense, as determined by the | ||||||
3 | Department. The civil penalty shall be assessed by the | ||||||
4 | Department after a hearing is held in accordance with the | ||||||
5 | provisions set forth in this Act regarding the provision of a | ||||||
6 | hearing for the discipline of a licensee. | ||||||
7 | (b) The Department may investigate any and all unlicensed | ||||||
8 | activity. | ||||||
9 | (c) The civil penalty shall be paid within 60 days after | ||||||
10 | the effective date of the order imposing the civil penalty. The | ||||||
11 | order shall constitute a judgment and may be filed and | ||||||
12 | execution had thereon in the same manner as any judgment from | ||||||
13 | any court of record.
| ||||||
14 | (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 95. Investigation; notice and hearing. The Department | ||||||
17 | may investigate
the actions or qualifications of any person or | ||||||
18 | persons holding or claiming to
hold a license. Before | ||||||
19 | suspending, revoking, placing on probationary status,
or | ||||||
20 | taking any other disciplinary action as the Department may deem | ||||||
21 | proper with
regard to any license, at least 30 days before the | ||||||
22 | date set for the hearing,
the Department shall (i)
notify the | ||||||
23 | accused in writing of any charges made and the time and place | ||||||
24 | for a
hearing on the charges before the Board, (ii) direct him | ||||||
25 | or her to file a
written answer to the charges with the Board |
| |||||||
| |||||||
1 | under oath within 20 days after
the service on him or her of | ||||||
2 | such notice, and (iii) inform him or her that if
he or she | ||||||
3 | fails to file an answer, default will be taken against him or | ||||||
4 | her and
his or her license may be suspended, revoked, placed on | ||||||
5 | probationary status, or
other disciplinary action taken with | ||||||
6 | regard to the license, including limiting
the scope, nature, or | ||||||
7 | extent
of his or her practice, as the Department may deem | ||||||
8 | proper. In case the person,
after receiving notice, fails to | ||||||
9 | file an answer, his or her license may, in the
discretion of | ||||||
10 | the Department, be suspended, revoked,
placed on probationary | ||||||
11 | status, or the Department may take whatever disciplinary
action | ||||||
12 | deemed proper, including limiting the scope, nature, or extent | ||||||
13 | of the
person's practice or the imposition of a fine, without a | ||||||
14 | hearing, if the act or
acts charged constitute sufficient | ||||||
15 | grounds for such action under this Act.
This written
notice and | ||||||
16 | any notice in the subsequent proceedings may be served by | ||||||
17 | personal
delivery to the accused person, or by registered or | ||||||
18 | certified mail to the
address last specified by the accused in | ||||||
19 | his last notification to the
Department. In case the person | ||||||
20 | fails to file an answer after receiving notice,
his or her | ||||||
21 | license may, in the discretion of the Department,
be
suspended, | ||||||
22 | revoked, or placed on probationary status, or the Department | ||||||
23 | may
take whatever disciplinary action deemed proper, including | ||||||
24 | limiting the
scope, nature, or extent of the person's practice | ||||||
25 | or the imposition of a
fine, without a hearing, if the act or | ||||||
26 | acts charged constitute sufficient
grounds for such action |
| |||||||
| |||||||
1 | under this Act. The written answer shall be served by
personal | ||||||
2 | delivery, certified delivery, or certified or registered mail | ||||||
3 | to
the Department. At the time and place fixed in the notice, | ||||||
4 | the Department
shall proceed to hear the charges and the | ||||||
5 | parties or their counsel shall be
accorded ample opportunity to | ||||||
6 | present such statements, testimony, evidence,
and argument as | ||||||
7 | may be pertinent to the charges or to the defense thereto. The
| ||||||
8 | Department may continue such hearing from time to time. At the | ||||||
9 | discretion of
the Secretary
Director after having first | ||||||
10 | received the recommendation of the Board, the
accused person's | ||||||
11 | license may be suspended
or revoked, if
the evidence | ||||||
12 | constitutes sufficient grounds for such action under this Act.
| ||||||
13 | (Source: P.A. 90-61, eff. 12-30-97; 90-655, eff. 7-30-98.)
| ||||||
14 | (225 ILCS 55/105) (from Ch. 111, par. 8351-105)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
16 | Sec. 105. Subpoenas; oaths; attendance of witnesses. The | ||||||
17 | Department has the power to subpoena and to bring before it
any | ||||||
18 | person and to take testimony either orally or by deposition, or | ||||||
19 | both,
with the same fees and mileage and in the same manner as | ||||||
20 | prescribed in
civil cases in the courts of this State.
| ||||||
21 | The Secretary
Director , the designated hearing officer, | ||||||
22 | and every member of the
Board has power to administer oaths to | ||||||
23 | witnesses at any hearing that
the Department is authorized to | ||||||
24 | conduct and any other oaths authorized in
any Act administered | ||||||
25 | by the Department. Any circuit court may, upon application
of |
| |||||||
| |||||||
1 | the Department or its designee, or of the applicant or licensee | ||||||
2 | against whom
proceedings under this Act are pending, enter an | ||||||
3 | order requiring the attendance
of witnesses and their | ||||||
4 | testimony, and the production of documents, papers,
files, | ||||||
5 | books and records in connection with any hearing or | ||||||
6 | investigation. The
court may compel obedience to its order by | ||||||
7 | proceedings for contempt.
| ||||||
8 | (Source: P.A. 87-783; 87-1237.)
| ||||||
9 | (225 ILCS 55/110) (from Ch. 111, par. 8351-110)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 110. Recommendations for disciplinary action. At the
| ||||||
12 | conclusion of the hearing, the Board shall present to the | ||||||
13 | Secretary
Director a
written report of its findings and | ||||||
14 | recommendations. The report shall contain
a finding whether or | ||||||
15 | not the accused person violated this Act or failed
to comply | ||||||
16 | with the conditions required in this Act. The Board shall
| ||||||
17 | specify the nature of the violation or failure to comply, and | ||||||
18 | shall make
its recommendations to the Secretary
Director .
| ||||||
19 | The report of findings and recommendations of the Board | ||||||
20 | shall be the
basis for the Department's order for refusal or | ||||||
21 | for the granting of a
license, or for any disciplinary action, | ||||||
22 | unless the Secretary
Director shall
determine that the Board's | ||||||
23 | report is contrary to the manifest weight of the
evidence, in | ||||||
24 | which case the Secretary
Director may issue an order in | ||||||
25 | contravention of
the Board's report. The finding is not |
| |||||||
| |||||||
1 | admissible in evidence against the
person in a criminal | ||||||
2 | prosecution brought for the violation of this Act, but
the | ||||||
3 | hearing and finding are not a bar to a criminal prosecution | ||||||
4 | brought for
the violation of this Act.
| ||||||
5 | (Source: P.A. 87-783.)
| ||||||
6 | (225 ILCS 55/115) (from Ch. 111, par. 8351-115)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
8 | Sec. 115. Rehearing. In any hearing involving disciplinary | ||||||
9 | action
against a licensee, a copy of the Board's report shall | ||||||
10 | be
served upon the respondent by the Department, either | ||||||
11 | personally or as provided
in this Act for the service of the | ||||||
12 | notice of hearing. Within 20 calendar days
after service, the | ||||||
13 | respondent may present to the Department a motion in writing
| ||||||
14 | for a rehearing that shall specify the particular grounds for | ||||||
15 | rehearing. If no
motion for rehearing is filed, then upon the | ||||||
16 | expiration of the time specified
for filing a motion, or if a | ||||||
17 | motion for rehearing is denied, then upon denial,
the Secretary
| ||||||
18 | Director may enter an order in accordance with recommendations | ||||||
19 | of the
Board, except as provided in this Act. If the respondent | ||||||
20 | orders from the
reporting service, and pays for, a transcript | ||||||
21 | of the record within the time for
filing a motion for | ||||||
22 | rehearing, the 20 calendar day period within which a motion
may | ||||||
23 | be filed shall commence upon the delivery of the transcript to | ||||||
24 | the
respondent.
| ||||||
25 | (Source: P.A. 87-783; 87-1237; 88-45.)
|
| |||||||
| |||||||
1 | (225 ILCS 55/120) (from Ch. 111, par. 8351-120)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 120. Hearing by other hearing officer
examiner . | ||||||
4 | Whenever the Secretary
Director is not
satisfied that | ||||||
5 | substantial justice has been done in the revocation,
suspension | ||||||
6 | or refusal to issue or renew a license, the Secretary
Director
| ||||||
7 | may
order a rehearing by the same or other hearing officer
| ||||||
8 | examiners .
| ||||||
9 | (Source: P.A. 87-783.)
| ||||||
10 | (225 ILCS 55/125) (from Ch. 111, par. 8351-125)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 125. Appointment of a hearing officer. The Secretary
| ||||||
13 | Director has the
authority to appoint any attorney duly | ||||||
14 | licensed to practice law in the
State of Illinois to serve as | ||||||
15 | the hearing officer in any action for refusal
to issue or renew | ||||||
16 | a license, or to discipline a licensee. The hearing
officer has | ||||||
17 | full authority to conduct the hearing. The hearing officer
| ||||||
18 | shall report his findings and recommendations to the Board and | ||||||
19 | the
Secretary
Director . The Board
has 60 calendar days from | ||||||
20 | receipt of the report to
review the report of the hearing | ||||||
21 | officer and present its findings of fact,
conclusions of law | ||||||
22 | and recommendations to the Secretary
Director . If the Board | ||||||
23 | fails
to present its report within the 60 calendar day period, | ||||||
24 | the respondent may request in writing a direct appeal to the |
| |||||||
| |||||||
1 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
2 | days after the request, issue an order directing the Board to | ||||||
3 | issue its findings of fact, conclusions of law, and | ||||||
4 | recommendations to the Secretary within 30 calendar days after | ||||||
5 | such order. If the Board fails to issue its findings of fact, | ||||||
6 | conclusions of law, and recommendations within that time frame | ||||||
7 | to the Secretary after the entry of such order, the Secretary | ||||||
8 | shall, within 30 calendar days thereafter, issue an order based | ||||||
9 | upon the report of the hearing officer and the record of the | ||||||
10 | proceedings or issue an order remanding the matter back to the | ||||||
11 | hearing officer for additional proceedings in accordance with | ||||||
12 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
13 | fails to issue its findings of fact, conclusions of law, and | ||||||
14 | recommendations within the 30-day mandate from the Secretary or | ||||||
15 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
16 | Secretary fails to issue an order within 30 calendar days | ||||||
17 | thereafter, then the hearing officer's report is deemed | ||||||
18 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
19 | any other provision of this Section, if the Secretary, upon | ||||||
20 | review, determines that substantial justice has not been done | ||||||
21 | in the revocation, suspension, or refusal to issue or renew a | ||||||
22 | license or other disciplinary action taken as the result of the | ||||||
23 | entry of the hearing officer's report, the Secretary may order | ||||||
24 | a rehearing by the same or other examiners
the
Director may
| ||||||
25 | issue an order based on the report of the hearing officer .
If | ||||||
26 | the Secretary
Director disagrees with the recommendation of the |
| |||||||
| |||||||
1 | Board or the
hearing officer, the Secretary
Director may issue | ||||||
2 | an order in contravention of the
recommendation.
| ||||||
3 | (Source: P.A. 87-783; 87-1237.)
| ||||||
4 | (225 ILCS 55/130) (from Ch. 111, par. 8351-130)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
6 | Sec. 130. Order; certified copy. An order or a certified | ||||||
7 | copy thereof,
over the seal of the Department and purporting to | ||||||
8 | be signed by the
Secretary
Director , shall be prima facie | ||||||
9 | proof:
| ||||||
10 | (a) that the signature is the genuine signature of the | ||||||
11 | Secretary
Director ;
| ||||||
12 | (b) that the Secretary
Director is duly appointed and | ||||||
13 | qualified; and
| ||||||
14 | (c) that the Board and its members are qualified to act.
| ||||||
15 | (Source: P.A. 87-783.)
| ||||||
16 | (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 145. Summary suspension. The Secretary
Director may | ||||||
19 | summarily suspend the
license of a marriage and family | ||||||
20 | therapist or an associate marriage and
family therapist without | ||||||
21 | a hearing, simultaneously
with the institution of proceedings | ||||||
22 | for a hearing provided for in this Act, if
the Secretary
| ||||||
23 | Director finds that evidence in his or her possession indicates | ||||||
24 | that a
marriage and family therapist's or associate marriage |
| |||||||
| |||||||
1 | and family
therapist's continuation in practice would | ||||||
2 | constitute an
imminent danger to the public. In the event that | ||||||
3 | the Secretary
Director summarily
suspends the license of a | ||||||
4 | marriage and family therapist or an associate
marriage and | ||||||
5 | family therapist without a hearing, a
hearing by the Board must | ||||||
6 | be held within 30 calendar days after the suspension
has | ||||||
7 | occurred.
| ||||||
8 | (Source: P.A. 91-362, eff. 1-1-00.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|