Rep. Angelo Saviano
Filed: 3/8/2007
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1 | AMENDMENT TO HOUSE BILL 129
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2 | AMENDMENT NO. ______. Amend House Bill 129 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing 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 Acts repealed January 1, 2008 and December 31, | ||||||
8 | 2008.
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9 | (a) The following Acts
are repealed on January 1, 2008:
| ||||||
10 | The Acupuncture Practice Act.
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11 | The Clinical Social Work and Social Work Practice Act.
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12 | The Home Medical Equipment and Services Provider | ||||||
13 | License Act.
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14 | The Nursing and Advanced Practice Nursing Act.
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15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
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1 | The Marriage and Family Therapy Licensing Act.
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2 | The Nursing Home Administrators Licensing and | ||||||
3 | Disciplinary Act.
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4 | The Pharmacy Practice Act of 1987.
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5 | The Physician Assistant Practice Act of 1987.
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6 | The Podiatric Medical Practice Act of 1987.
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7 | The Structural Pest Control Act.
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8 | (b) The following Acts are repealed on December 31, 2008: | ||||||
9 | The Medical Practice Act of 1987. | ||||||
10 | The Environmental Health Practitioner Licensing Act.
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11 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
12 | 94-1085, eff. 1-19-07; revised 1-22-07.)
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13 | (5 ILCS 80/4.28 new) | ||||||
14 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
15 | Act is repealed on January 1, 2018: | ||||||
16 | The Clinical Social Work and Social Work Practice Act.
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17 | Section 10. The Clinical Social Work and Social Work | ||||||
18 | Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5, | ||||||
19 | 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and | ||||||
20 | by adding Section 7.3 as follows:
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21 | (225 ILCS 20/3) (from Ch. 111, par. 6353)
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22 | (Section scheduled to be repealed on January 1, 2008)
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23 | Sec. 3. Definitions: The following words and phrases shall |
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1 | have the
meanings ascribed to them in this Section unless the | ||||||
2 | context clearly
indicates otherwise:
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3 | 1. "Department" means the Department of Financial and
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4 | Professional Regulation.
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5 | 2. " Secretary
Director " means the Secretary
Director of | ||||||
6 | Financial and
the Department of Professional
Regulation.
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7 | 3. "Board" means the Social Work Examining and Disciplinary | ||||||
8 | Board.
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9 | 4. "Licensed Clinical Social Worker" means a person who | ||||||
10 | holds a license
authorizing the independent practice of | ||||||
11 | clinical social work in Illinois
under the auspices of an | ||||||
12 | employer or in private practice.
| ||||||
13 | 5. "Clinical social work practice" means the providing of | ||||||
14 | mental health
services for the evaluation, treatment, and | ||||||
15 | prevention of mental and
emotional disorders in individuals, | ||||||
16 | families and groups based on knowledge
and theory of | ||||||
17 | psychosocial development, behavior, psychopathology,
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18 | unconscious motivation, interpersonal relationships, and | ||||||
19 | environmental stress.
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20 | 6. "Treatment procedures" means among other things, | ||||||
21 | individual,
marital, family and group psychotherapy.
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22 | 7. "Independent practice of clinical social work" means the | ||||||
23 | application
of clinical social work knowledge and skills by a | ||||||
24 | licensed clinical social
worker who regulates and is | ||||||
25 | responsible for her or his own practice or
treatment | ||||||
26 | procedures.
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1 | 8. "License" means that which is required to practice | ||||||
2 | clinical social
work or social work under this Act, the | ||||||
3 | qualifications for which include specific
education, | ||||||
4 | acceptable experience and examination requirements.
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5 | 9. "Licensed social worker" means a person who holds a | ||||||
6 | license authorizing
the practice of social work, which includes | ||||||
7 | social services to individuals,
groups or communities in any | ||||||
8 | one
or more of the fields of social casework, social group | ||||||
9 | work, community
organization for social welfare, social work | ||||||
10 | research, social welfare
administration or social work | ||||||
11 | education. Social casework and social group
work may also | ||||||
12 | include clinical social work, as long as it is not conducted
in | ||||||
13 | an independent practice, as defined in this Section. | ||||||
14 | 10. "Address of record" means the address recorded by the | ||||||
15 | Department in the applicant's or licensee's application file or | ||||||
16 | license file, as maintained by the Department's licensure | ||||||
17 | maintenance unit.
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18 | (Source: P.A. 85-1440.)
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19 | (225 ILCS 20/5) (from Ch. 111, par. 6355)
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20 | (Section scheduled to be repealed on January 1, 2008)
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21 | Sec. 5. Powers and duties of the Department.
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22 | 1. The Department shall exercise the powers and duties as | ||||||
23 | set
forth in this Act.
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24 | 2. The Secretary
Director shall promulgate rules | ||||||
25 | consistent with the provisions of
this Act for the |
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1 | administration and enforcement thereof, and shall
prescribe | ||||||
2 | forms which shall be issued in connection therewith.
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3 | 3. In addition, the Department shall:
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4 | (a) Establish rules for determining approved undergraduate
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5 | and graduate social work degree
programs and prepare and | ||||||
6 | maintain a list of colleges and universities
offering such | ||||||
7 | approved programs whose graduates, if they otherwise meet the
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8 | requirements of this Act, are eligible to apply for a license.
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9 | (b) Promulgate rules, as may be necessary, for the | ||||||
10 | administration of
this Act and to carry out the purposes | ||||||
11 | thereof and to adopt the methods of
examination of candidates | ||||||
12 | and to provide for the issuance of licenses
authorizing the | ||||||
13 | independent practice of clinical social work or the
practice of | ||||||
14 | social work.
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15 | (c) Authorize examinations to ascertain the qualifications | ||||||
16 | and fitness
of candidates for a license to engage in the | ||||||
17 | independent practice of
clinical social work and in the | ||||||
18 | practice of social work, and to
determine the qualifications of | ||||||
19 | applicants from
other jurisdictions to practice in Illinois.
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20 | (d) Maintain rosters of the names and addresses of all | ||||||
21 | licensees, and
all persons whose licenses have been suspended, | ||||||
22 | revoked or denied renewal
for cause within the previous | ||||||
23 | calendar year. These rosters shall be
available upon written | ||||||
24 | request and payment of the required fee.
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25 | (Source: P.A. 85-1131.)
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1 | (225 ILCS 20/6) (from Ch. 111, par. 6356)
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2 | (Section scheduled to be repealed on January 1, 2008)
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3 | Sec. 6. Social Work Examining and Disciplinary Board.
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4 | (1) The Secretary may
Director shall appoint a Social Work | ||||||
5 | Examining and
Disciplinary Board consisting of 9 persons who | ||||||
6 | shall serve in an
advisory capacity to the Secretary
Director . | ||||||
7 | The Board shall be composed of 5
licensed clinical social | ||||||
8 | workers, one of whom shall be a certified school
social worker, | ||||||
9 | one of whom shall be employed in the private not-for-profit
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10 | sector and one of whom shall serve as the chairperson, two | ||||||
11 | licensed social
workers, and 2 members of the public who are | ||||||
12 | not regulated under this Act
or a similar Act and who clearly | ||||||
13 | represent consumer interests.
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14 | (2) Members shall serve for a term of 4 years and until | ||||||
15 | their
successors are appointed and qualified. No member shall | ||||||
16 | be
reappointed if such reappointment would cause that person's | ||||||
17 | service on the
Board to be longer than 8 successive years. | ||||||
18 | Appointments to fill vacancies
for the unexpired portion of a | ||||||
19 | vacated term shall be made in the same
manner as original | ||||||
20 | appointments.
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21 | (3) The membership of the Board should reasonably reflect
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22 | representation from different geographic areas of Illinois.
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23 | (4) The Secretary
Director may terminate the appointment of | ||||||
24 | any member for
cause.
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25 | (5) The Secretary
Director shall consider the | ||||||
26 | recommendation of the Board
on all matters and questions |
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1 | relating to this Act.
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2 | (6) The Board is charged with the duties and | ||||||
3 | responsibilities of
recommending to the Secretary
Director the | ||||||
4 | adoption of all policies, procedures and
rules which may be | ||||||
5 | required or deemed advisable in order to perform the
duties and | ||||||
6 | functions conferred on the Board, the Secretary
Director and | ||||||
7 | the
Department to carry out the provisions of this Act.
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8 | (7) The Board may
shall make recommendations on all matters | ||||||
9 | relating to
continuing education including the number of hours | ||||||
10 | necessary for license
renewal, waivers for those unable to meet | ||||||
11 | such requirements and acceptable
course content. Such | ||||||
12 | recommendations shall not impose an undue burden on
the | ||||||
13 | Department or an unreasonable restriction on those seeking | ||||||
14 | license renewal.
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15 | (8) The Board shall annually elect one of its members as | ||||||
16 | chairperson and
one as vice chairperson.
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17 | (9) Members of the Board shall be reimbursed for all | ||||||
18 | authorized legitimate
and necessary expenses incurred in | ||||||
19 | attending the meetings of the Board.
| ||||||
20 | (10) A majority of the Board members currently appointed | ||||||
21 | shall constitute a
quorum. A vacancy in the membership of the | ||||||
22 | Board shall not impair the right of
a quorum to perform all of | ||||||
23 | the duties of the Board.
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24 | (11) Members of the Board shall have no liability in an | ||||||
25 | action based upon
a disciplinary proceeding or other activity | ||||||
26 | performed in good faith as a
member of the Board.
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1 | (Source: P.A. 90-150, eff. 12-30-97.)
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2 | (225 ILCS 20/7.3 new)
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3 | Sec. 7.3. Change of address. An applicant or licensee must | ||||||
4 | inform the Department of any change of address, and such | ||||||
5 | changes must be made either through the Department's website or | ||||||
6 | by contacting the Department's licensure maintenance unit.
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7 | (225 ILCS 20/9) (from Ch. 111, par. 6359)
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8 | (Section scheduled to be repealed on January 1, 2008)
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9 | Sec. 9. Qualification for clinical social worker license
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10 | License . A person shall be qualified to be
licensed as a | ||||||
11 | clinical social worker and the Department shall issue a
license | ||||||
12 | authorizing the independent practice of clinical social work to
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13 | an applicant who:
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14 | (1) has applied in writing on the prescribed form;
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15 | (2) is of good moral character. In determining good moral
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16 | character, the Department may take into consideration whether | ||||||
17 | the applicant was
engaged in conduct or actions that would | ||||||
18 | constitute grounds for discipline
under this
Act;
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19 | (3) (A) demonstrates to the satisfaction of the Department
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20 | that
subsequent to securing a master's degree in social | ||||||
21 | work from an approved
program the applicant has | ||||||
22 | successfully completed at least 3,000 hours of
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23 | satisfactory, supervised clinical professional experience; | ||||||
24 | or
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1 | (B) demonstrates to the satisfaction of the Department | ||||||
2 | that
such
applicant has received a doctor's degree in | ||||||
3 | social work from an approved
program and has completed at | ||||||
4 | least 2,000 hours of satisfactory, supervised
clinical | ||||||
5 | professional experience subsequent to the degree;
| ||||||
6 | (4) has passed the examination for the practice of clinical
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7 | social work
as authorized by the Department; and
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8 | (5) has paid the required fees.
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9 | (Source: P.A. 90-150, eff. 12-30-97.)
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10 | (225 ILCS 20/10.5)
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11 | (Section scheduled to be repealed on January 1, 2008)
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12 | Sec. 10.5. Unlicensed practice; violation; civil penalty.
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13 | (a) Any person who practices, offers to practice, attempts | ||||||
14 | to practice, or
holds himself or herself out to practice as a | ||||||
15 | clinical social worker or
social worker
without being
licensed | ||||||
16 | or exempt under this Act shall, in addition to any other | ||||||
17 | penalty
provided by law, pay a civil penalty to the Department | ||||||
18 | in an amount not to
exceed $10,000
$5,000 for each offense, as | ||||||
19 | determined by the Department. The civil
penalty shall be | ||||||
20 | assessed by the Department after a hearing is held in
| ||||||
21 | accordance with the provisions set forth in this Act regarding | ||||||
22 | the provision of
a hearing for the discipline of a licensee.
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23 | (b) The Department may investigate any actual, alleged, or | ||||||
24 | suspected
unlicensed activity.
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25 | (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. 90-150, eff. 12-30-97.)
| ||||||
6 | (225 ILCS 20/11) (from Ch. 111, par. 6361)
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7 | (Section scheduled to be repealed on January 1, 2008)
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8 | Sec. 11. Licenses.
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9 | (a) The expiration date and renewal period for each license
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10 | A license shall be issued for a 2 year period; however the
| ||||||
11 | expiration date for licenses issued under this Act shall be set | ||||||
12 | by rule.
The licensee may renew a license during the 60-day
| ||||||
13 | 30-day period preceding its
the
expiration date by paying the | ||||||
14 | required fee and by demonstrating compliance
with any | ||||||
15 | continuing education requirements. The Department shall adopt | ||||||
16 | rules establishing minimum requirements of continuing | ||||||
17 | education and means for verification of the completion of the | ||||||
18 | continuing education requirements. The Department may, by | ||||||
19 | rule, specify circumstances under which the continuing | ||||||
20 | education requirements may be waived.
Proof of having met the | ||||||
21 | minimum
requirements of continuing education, as determined by | ||||||
22 | rule, shall be
required for all license renewals. Pursuant to | ||||||
23 | rule, the continuing
education requirements may, upon petition | ||||||
24 | to the Board, be waived in whole
or in part for licensed social | ||||||
25 | workers or licensed clinical social workers
who can demonstrate |
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1 | their service in the Coast Guard or Armed Forces during
the | ||||||
2 | period in question, an extreme hardship, or that the license | ||||||
3 | was
obtained by examination or endorsement within the preceding | ||||||
4 | renewal period.
The Department shall establish, by rule, a | ||||||
5 | means for the verification of
completion of the continuing | ||||||
6 | education required by this Section. This
verification may be | ||||||
7 | accomplished by audits of records maintained by
licensees, by | ||||||
8 | requiring the filing of continuing education records with
the | ||||||
9 | Department or an organization selected by the Department to | ||||||
10 | maintain these
records, or by other means established by the | ||||||
11 | Department.
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12 | (b) Any person who has permitted a license to expire or who | ||||||
13 | has a
license on inactive status may have it restored by | ||||||
14 | submitting
making an application to
the Department and filing | ||||||
15 | proof of fitness , as defined by rule, to have the license | ||||||
16 | restored,
including, if appropriate, evidence , which is | ||||||
17 | satisfactory to the
Department , certifying the active practice | ||||||
18 | of clinical social work or
social work in another jurisdiction | ||||||
19 | and by paying the required fee.
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20 | (b-5) If the person has not maintained an active practice | ||||||
21 | in another
jurisdiction which is satisfactory to the | ||||||
22 | Department, the Department
shall determine , by an evaluation | ||||||
23 | program recommended by the Board and
established by rule, the | ||||||
24 | person's fitness to resume active status and the
Department may | ||||||
25 | require the person to pass an examination . The Department ,
with | ||||||
26 | the recommendation of the Board, may also require the person to
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1 | complete a specific period of evaluated clinical social work or | ||||||
2 | social
work experience and may require successful completion of | ||||||
3 | an examination .
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4 | (b-7) Notwithstanding any other provision of this Act
| ||||||
5 | However , any person whose license expired while on active duty | ||||||
6 | with
the armed forces of the United States, while called into | ||||||
7 | service or
training with the State Militia or in training or | ||||||
8 | education under the
supervision of the United States government | ||||||
9 | prior to induction into the
military service may have his or | ||||||
10 | her license restored without paying any
renewal
fees if, within | ||||||
11 | 2 years after the honorable termination of that service,
| ||||||
12 | training or education, except under conditions other than | ||||||
13 | honorable, the
Department is furnished with satisfactory | ||||||
14 | evidence that the person has been
so engaged and that the | ||||||
15 | service, training or education has
been so terminated.
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16 | (c) A license to practice shall not be denied any applicant | ||||||
17 | because of the applicant's race, religion, creed, national | ||||||
18 | origin, political beliefs or activities, age, sex, sexual | ||||||
19 | orientation, or physical impairment.
Any person who notifies | ||||||
20 | the Department, in writing
on forms prescribed by the | ||||||
21 | Department, may place his license on inactive
status and shall | ||||||
22 | be excused from the payment of renewal fees until the
person | ||||||
23 | notifies the Department in writing of his intention to resume | ||||||
24 | active
practice.
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25 | Any person requesting that his license be changed from | ||||||
26 | inactive to
active status shall be required to pay the current |
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1 | renewal fee and shall
also demonstrate compliance with the | ||||||
2 | continuing education requirements.
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3 | (d) (Blank). Any licensed clinical social worker or | ||||||
4 | licensed social
worker whose license is on inactive status | ||||||
5 | shall not engage in the
independent practice of clinical social | ||||||
6 | work or in the practice of social
work in the State of | ||||||
7 | Illinois. If an individual engages in the independent
practice | ||||||
8 | of clinical social work or in the practice of social work while | ||||||
9 | on
inactive status, that individual is considered to be | ||||||
10 | practicing without a
license and is subject to the disciplinary | ||||||
11 | provisions of this Act.
| ||||||
12 | (e) (Blank).
| ||||||
13 | (f) (Blank).
| ||||||
14 | (g) The Department shall indicate on each license the | ||||||
15 | academic degree of
the licensee.
| ||||||
16 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
17 | (225 ILCS 20/12.5)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 12.5. Endorsement. The Department may issue a license | ||||||
20 | as a
clinical social worker or as a social worker, without the | ||||||
21 | required
examination, to an applicant licensed under the laws | ||||||
22 | of another jurisdiction if
the requirements for licensure in | ||||||
23 | that jurisdiction are, on the date of
licensure, substantially | ||||||
24 | equivalent to the requirements of this Act or to any
person
| ||||||
25 | who, at the time of his or her licensure, possessed individual |
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1 | qualifications
that were substantially equivalent to the | ||||||
2 | requirements then in force in this
State. An applicant under | ||||||
3 | this Section shall pay the required fees.
| ||||||
4 | Applicants have 3 years from the date of application to | ||||||
5 | complete the
application process. If the process has not been | ||||||
6 | completed in 3 years, the
application shall be denied, the fee | ||||||
7 | shall be forfeited, and the applicant must
reapply and meet the | ||||||
8 | requirements in effect at the time of reapplication.
| ||||||
9 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
10 | (225 ILCS 20/14) (from Ch. 111, par. 6364)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 14. Checks or order to Department dishonored because | ||||||
13 | of insufficient
funds.
Any person who delivers a check or other | ||||||
14 | payment to the Department that
is returned to the Department | ||||||
15 | unpaid by the financial institution upon
which it is drawn | ||||||
16 | shall pay to the Department, in addition to the amount
already | ||||||
17 | owed to the Department, a fine of $50. The fines imposed by | ||||||
18 | this Section are in addition
to any other discipline provided | ||||||
19 | under this Act for unlicensed
practice or practice on a | ||||||
20 | nonrenewed license. The Department shall notify
the person that | ||||||
21 | payment of fees and fines shall be paid to the Department
by | ||||||
22 | certified check or money order within 30 calendar days of the
| ||||||
23 | notification. If, after the expiration of 30 days from the date | ||||||
24 | of the
notification, the person has failed to submit the | ||||||
25 | necessary remittance, the
Department shall automatically |
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| |||||||
1 | terminate the license or certificate or deny
the application, | ||||||
2 | without hearing. If, after termination or denial, the
person | ||||||
3 | seeks a license or certificate, he or she shall apply to the
| ||||||
4 | Department for restoration or issuance of the license or | ||||||
5 | certificate and
pay all fees and fines due to the Department. | ||||||
6 | The Department may establish
a fee for the processing of an | ||||||
7 | application for restoration of a license or
certificate to pay | ||||||
8 | all expenses of processing this application. The Secretary
| ||||||
9 | Director
may waive the fines due under this Section in | ||||||
10 | individual cases where the Secretary
Director finds that the | ||||||
11 | fines would be unreasonable or unnecessarily
burdensome.
| ||||||
12 | (Source: P.A. 92-146, eff. 1-1-02.)
| ||||||
13 | (225 ILCS 20/19) (from Ch. 111, par. 6369)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 19. Grounds for disciplinary action.
| ||||||
16 | (1) The Department may refuse to issue, refuse to renew, | ||||||
17 | suspend, or
revoke any license, or may place on probation, | ||||||
18 | censure, reprimand, or take
other disciplinary or | ||||||
19 | non-disciplinary action deemed appropriate by the Department, | ||||||
20 | including the
imposition of fines not to exceed $10,000
$1,000
| ||||||
21 | for each violation, with regard to any
license issued under the | ||||||
22 | provisions of this Act for any one or a combination of
the | ||||||
23 | following reasons:
| ||||||
24 | (a) material misstatements of fact in furnishing | ||||||
25 | information to the
Department or to any other State agency |
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| |||||||
1 | or in furnishing information to any
insurance company with | ||||||
2 | respect to a claim on behalf of a licensee or a patient;
| ||||||
3 | (b) violations or negligent or intentional disregard | ||||||
4 | of this Act, or any
of the rules promulgated hereunder;
| ||||||
5 | (c) conviction of or entry of a plea of guilty or nolo | ||||||
6 | contendere to any crime that is a felony under the laws of | ||||||
7 | the United States or any
state or territory thereof or that | ||||||
8 | is a felony or misdemeanor, of
which an essential
element | ||||||
9 | is dishonesty, or of any crime that
which is directly | ||||||
10 | related
to the practice of the clinical social work or | ||||||
11 | social work professions;
| ||||||
12 | (d) making any misrepresentation for the purpose of | ||||||
13 | obtaining licenses,
or violating any provision of this Act | ||||||
14 | or any of the rules promulgated
hereunder;
| ||||||
15 | (e) professional incompetence;
| ||||||
16 | (f) malpractice;
| ||||||
17 | (g) aiding or assisting another person in violating any | ||||||
18 | provision or this
Act or any rules;
| ||||||
19 | (h) failing to provide information within 30
60 days in | ||||||
20 | response to a
written request made by the Department;
| ||||||
21 | (i) engaging in dishonorable, unethical or | ||||||
22 | unprofessional conduct of a
character likely to deceive, | ||||||
23 | defraud or harm the public as defined by the
rules of the | ||||||
24 | Department, or violating the rules of professional conduct
| ||||||
25 | adopted by the Board and published by the Department;
| ||||||
26 | (j) habitual
or excessive use or addiction to alcohol, |
| |||||||
| |||||||
1 | narcotics, stimulants, or any other
chemical agent or drug | ||||||
2 | that results in a clinical social worker's or social
| ||||||
3 | worker's inability to practice
with reasonable judgment, | ||||||
4 | skill, or safety;
| ||||||
5 | (k) discipline by another jurisdiction, if at least one | ||||||
6 | of the grounds
for the discipline is the same or | ||||||
7 | substantially equivalent to those set
forth in this | ||||||
8 | Section;
| ||||||
9 | (1) directly or indirectly giving to or receiving from | ||||||
10 | any person, firm,
corporation, partnership or association | ||||||
11 | any fee, commission, rebate or
other form of compensation | ||||||
12 | for any professional service not actually rendered;
| ||||||
13 | (m) a finding by the Board that the licensee, after | ||||||
14 | having the license
placed on probationary status, has | ||||||
15 | violated the terms of probation;
| ||||||
16 | (n) abandonment, without cause, of a client;
| ||||||
17 | (o) wilfully filing false reports relating to a | ||||||
18 | licensee's practice,
including but not limited to false | ||||||
19 | records filed with Federal or State
agencies or | ||||||
20 | departments;
| ||||||
21 | (p) wilfully failing to report an instance of suspected | ||||||
22 | child abuse or
neglect as required by the Abused and | ||||||
23 | Neglected Child Reporting Act;
| ||||||
24 | (q) being named as a perpetrator in an indicated report | ||||||
25 | by the
Department of Children and Family Services under the | ||||||
26 | Abused and
Neglected Child Reporting Act, and upon proof by |
| |||||||
| |||||||
1 | clear and convincing evidence
that the licensee has caused | ||||||
2 | a child to be an abused child or neglected child
as defined | ||||||
3 | in the Abused and Neglected Child Reporting Act;
| ||||||
4 | (r) physical illness,
or mental illness, or any other | ||||||
5 | impairment or disability, including , but not limited to,
| ||||||
6 | deterioration through the
aging process, or loss of motor
| ||||||
7 | abilities and skills that
which results in the inability
to | ||||||
8 | practice the profession with reasonable judgment, skill or | ||||||
9 | safety;
| ||||||
10 | (s) solicitation of professional services by using | ||||||
11 | false or
misleading advertising; or
| ||||||
12 | (t) violation of the Health Care Worker Self-Referral | ||||||
13 | Act.
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) The determination by a court that a licensee is subject | ||||||
16 | to
involuntary
admission or judicial admission as provided in | ||||||
17 | the Mental Health and
Developmental Disabilities Code, will | ||||||
18 | result in an automatic suspension of his
license. Such | ||||||
19 | suspension will end upon a finding by a court that the licensee
| ||||||
20 | is no longer subject to involuntary admission or judicial | ||||||
21 | admission and issues
an order so finding and discharging the | ||||||
22 | patient, and upon the recommendation of
the Board to the | ||||||
23 | Secretary
Director that the licensee be allowed to resume | ||||||
24 | professional
practice.
| ||||||
25 | (4) The Department may refuse to issue or renew or may | ||||||
26 | suspend the license of a
person who fails to file a return, pay |
| |||||||
| |||||||
1 | the tax, penalty, or interest shown in a
filed return, or pay | ||||||
2 | any final assessment of tax, penalty, or interest, as
required | ||||||
3 | by any tax Act administered by the Department of Revenue,
until | ||||||
4 | the requirements of the tax Act are satisfied.
| ||||||
5 | (5) In enforcing this Section, the Board upon a showing of | ||||||
6 | a possible
violation may compel a person licensed to practice | ||||||
7 | under this Act, or
who has applied for licensure or | ||||||
8 | certification pursuant to this Act, to submit
to a mental or | ||||||
9 | physical examination, or both, as required by and at the | ||||||
10 | expense
of the Department. The examining physicians
shall be | ||||||
11 | those specifically designated by the Board.
The Board or the | ||||||
12 | Department may order the examining physician
to present | ||||||
13 | testimony concerning this mental or physical
examination
of the | ||||||
14 | licensee or applicant. No information shall be excluded by | ||||||
15 | reason of
any common law or statutory privilege relating to | ||||||
16 | communications between the
licensee or applicant and the | ||||||
17 | examining physician.
The person to be examined may have, at his | ||||||
18 | or her own expense, another
physician of his or her choice | ||||||
19 | present during all
aspects of the examination. Failure of any | ||||||
20 | person to submit to a mental or
physical examination, when | ||||||
21 | directed, shall be grounds for suspension of a
license until | ||||||
22 | the person submits to the examination if the Board finds,
after | ||||||
23 | notice and hearing, that the refusal to submit to the | ||||||
24 | examination was
without reasonable cause.
| ||||||
25 | If the Board finds a person unable to practice because of | ||||||
26 | the reasons
set forth in this Section, the Board may require |
| |||||||
| |||||||
1 | that person to submit to
care, counseling, or treatment by | ||||||
2 | physicians
approved
or designated by the Board, as a condition, | ||||||
3 | term, or restriction for continued,
reinstated, or
renewed | ||||||
4 | licensure to practice; or, in lieu of care, counseling or | ||||||
5 | treatment,
the
Board may recommend to the Department to file a | ||||||
6 | complaint to immediately
suspend, revoke or otherwise | ||||||
7 | discipline the license of the person.
Any person whose
license | ||||||
8 | was granted, continued, reinstated, renewed, disciplined or | ||||||
9 | supervised
subject to such terms, conditions or restrictions, | ||||||
10 | and who fails to comply with
such terms, conditions, or | ||||||
11 | restrictions, shall be referred to the Secretary
Director for
a
| ||||||
12 | determination as to whether the person shall have his or her | ||||||
13 | license
suspended immediately, pending a hearing by the Board.
| ||||||
14 | In instances in which the Secretary
Director immediately | ||||||
15 | suspends a person's license
under this Section, a hearing on | ||||||
16 | that person's license must be convened by
the Board within 30
| ||||||
17 | 15 days after the suspension and completed without appreciable
| ||||||
18 | delay.
The Board shall have the authority to review the subject | ||||||
19 | person's record of
treatment and counseling regarding the | ||||||
20 | impairment, to the extent permitted by
applicable federal | ||||||
21 | statutes and regulations safeguarding the confidentiality of
| ||||||
22 | medical records.
| ||||||
23 | A person licensed under this Act and affected under this | ||||||
24 | Section shall
be
afforded an opportunity to demonstrate to the | ||||||
25 | Board that he or she can resume
practice in compliance with | ||||||
26 | acceptable and prevailing standards under the
provisions of his |
| |||||||
| |||||||
1 | or her license.
| ||||||
2 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
3 | (225 ILCS 20/20) (from Ch. 111, par. 6370)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 20. Violations - Injunction - Cease and desist order. | ||||||
6 | 1. If any person violates the provisions of this Act, the | ||||||
7 | Secretary
Director may,
in the name of the People of the State | ||||||
8 | of Illinois, through the Attorney
General, petition for an | ||||||
9 | order enjoining such violation or for an order
enforcing | ||||||
10 | compliance with this Act. Upon the filing of a verified | ||||||
11 | petition,
the court with appropriate jurisdiction may issue a | ||||||
12 | temporary restraining
order without notice or bond, and may | ||||||
13 | preliminarily and permanently enjoin
such violation. If it is | ||||||
14 | established that such person has violated or is
violating the | ||||||
15 | injunction, the court may punish the offender for contempt of
| ||||||
16 | court. Proceedings under this Section shall be in addition to | ||||||
17 | all other
remedies and penalties provided by this Act.
| ||||||
18 | 2. If any person shall hold herself or himself out as a | ||||||
19 | licensed
clinical social worker or licensed social worker and | ||||||
20 | is not licensed under
this Act, then any licensed clinical | ||||||
21 | social worker, licensed social worker,
interested party or any | ||||||
22 | person injured thereby may petition for relief as
provided in | ||||||
23 | subsection (1) of this Section.
| ||||||
24 | 3. Whenever, in the opinion of the Department, a person | ||||||
25 | violates any
provision of this Act, the Department may issue a |
| |||||||
| |||||||
1 | rule to show cause why an
order to cease and desist should not | ||||||
2 | be entered against such person. The
rule shall clearly set | ||||||
3 | forth the grounds relied upon by the Department and
shall allow | ||||||
4 | at least 7 days from the date of the rule to file an answer
| ||||||
5 | satisfactory to the Department. Failure to answer to the | ||||||
6 | satisfaction of
the Department shall cause an order to cease | ||||||
7 | and desist to be issued.
| ||||||
8 | (Source: P.A. 85-1131.)
| ||||||
9 | (225 ILCS 20/21) (from Ch. 111, par. 6371)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 21. Investigations; notice and hearing. The | ||||||
12 | Department may
investigate the actions of any applicant or of | ||||||
13 | any person holding or
claiming to hold a license. The | ||||||
14 | Department shall, before refusing to issue
or renew a license, | ||||||
15 | at least 30 days prior to the date set for the
hearing,
notify, | ||||||
16 | in writing, the applicant for, or holder of, a license of the | ||||||
17 | nature
of the charges and that a hearing will be held on the | ||||||
18 | date designated.
The Department shall direct the applicant or | ||||||
19 | licensee to file a written
answer to the Board under oath | ||||||
20 | within 20 days after the service of the
notice and inform the | ||||||
21 | applicant or licensee that failure to file an answer
will | ||||||
22 | result in default being taken against the applicant or licensee | ||||||
23 | and
that the license or certificate may be
suspended, revoked, | ||||||
24 | placed on probationary status, or other disciplinary
action may | ||||||
25 | be taken, including limiting the scope, nature or extent of
|
| |||||||
| |||||||
1 | practice, as the Secretary
Director may deem proper. Written | ||||||
2 | notice may be served by personal delivery or certified or
| ||||||
3 | registered mail to the applicant or licensee at the applicant's | ||||||
4 | last address of record
the last
notification to the Department .
| ||||||
5 | In case the person fails to file an answer after receiving | ||||||
6 | notice, his or
her license or certificate may, in the | ||||||
7 | discretion of the Department, be
suspended, revoked, or placed | ||||||
8 | on probationary status, or the Department may
take whatever | ||||||
9 | disciplinary action deemed proper, including limiting the
| ||||||
10 | scope, nature, or extent of the person's practice or the | ||||||
11 | imposition of a
fine, without a hearing, if the act or acts | ||||||
12 | charged constitute sufficient
grounds for such action under | ||||||
13 | this Act.
At the time and place fixed in the notice,
the Board | ||||||
14 | shall proceed to hear the charges and the parties or their
| ||||||
15 | counsel shall be accorded ample opportunity to present any | ||||||
16 | statements,
testimony, evidence and argument as may be | ||||||
17 | pertinent to the charges or to
their defense. The Board may | ||||||
18 | continue a hearing from time to time.
| ||||||
19 | (Source: P.A. 87-1031.)
| ||||||
20 | (225 ILCS 20/23) (from Ch. 111, par. 6373)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
22 | Sec. 23. Subpoenas - Depositions - Oaths. The Department | ||||||
23 | shall have
the power to subpoena and to bring before it any | ||||||
24 | person and to take
testimony either orally or by deposition, or | ||||||
25 | both, with the same fees and
mileage and in the same manner as |
| |||||||
| |||||||
1 | prescribed in civil cases in the courts
of this State.
| ||||||
2 | The Secretary
Director , the designated hearing officer and | ||||||
3 | every member of the
Board shall have power to administer oaths | ||||||
4 | to witnesses at any hearing
which the Department is authorized | ||||||
5 | to conduct, and any other oaths
authorized in any Act | ||||||
6 | administered by the Department.
| ||||||
7 | (Source: P.A. 85-967.)
| ||||||
8 | (225 ILCS 20/24) (from Ch. 111, par. 6374)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
10 | Sec. 24. Compelling Testimony. Any court, upon application | ||||||
11 | of the
Department, designated hearing officer or the applicant | ||||||
12 | or licensee against
whom proceedings under Section 19
17 of | ||||||
13 | this Act are pending, may enter an
order requiring the | ||||||
14 | attendance of witnesses and their testimony, and the
production | ||||||
15 | of documents, papers, files, books and records in connection
| ||||||
16 | with any hearing or investigation. The court may compel | ||||||
17 | obedience to its
order by proceedings for contempt.
| ||||||
18 | (Source: P.A. 85-967.)
| ||||||
19 | (225 ILCS 20/25) (from Ch. 111, par. 6375)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
21 | Sec. 25. Findings and recommendations. At the conclusion of | ||||||
22 | the
hearing the Board shall present to the Secretary
Director a | ||||||
23 | written report of its
findings of fact, conclusions of law and | ||||||
24 | recommendations. The report shall
contain a finding whether or |
| |||||||
| |||||||
1 | not the licensee violated this act or
failed to comply with the | ||||||
2 | conditions required in this Act. The Board shall
specify the | ||||||
3 | nature of the violation or failure to comply, and shall make
| ||||||
4 | its recommendations to the Secretary
Director .
| ||||||
5 | The report of findings of fact, conclusions of law and | ||||||
6 | recommendation of
the Board shall be the basis for the | ||||||
7 | Department's order or refusal or for
the granting of the | ||||||
8 | license. If the Secretary
Director disagrees with the
| ||||||
9 | recommendations of the Board, the Secretary
Director may issue | ||||||
10 | an order in
contravention thereof. The Secretary
Director shall | ||||||
11 | provide a written report to the
Board on any disagreement and | ||||||
12 | shall specify the reasons for said action in
the final order. | ||||||
13 | The finding is not admissible in evidence against the
person in | ||||||
14 | a criminal prosecution brought for the violation of this Act, | ||||||
15 | but
the hearing and findings are not a bar to a criminal | ||||||
16 | prosecution brought for
the violation of this Act.
| ||||||
17 | (Source: P.A. 85-967.)
| ||||||
18 | (225 ILCS 20/26) (from Ch. 111, par. 6376)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
20 | Sec. 26. Board - Rehearing. In any case involving the | ||||||
21 | refusal to
issue or to renew a license or to discipline a | ||||||
22 | licensee, a copy of the
Board's report shall be served upon the | ||||||
23 | applicant or licensee by the
Department, either personally or | ||||||
24 | by registered or certified mail or as
provided in this Act for | ||||||
25 | the service of the notice of hearing. Within 20
days after such |
| |||||||
| |||||||
1 | service, the applicant or licensee may present to the
| ||||||
2 | Department a motion in writing for a rehearing which shall | ||||||
3 | specify the
particular grounds therefor. If no motion for a | ||||||
4 | rehearing is filed, then
upon the expiration of the time | ||||||
5 | specified for filing such a motion, or if a
motion for | ||||||
6 | rehearing is denied, then upon such denial, the Secretary
| ||||||
7 | Director may
enter an order in accordance with recommendations | ||||||
8 | of the Board, except as
provided in Section 25 of this Act. If | ||||||
9 | the applicant or licensee requests
and pays for a transcript of | ||||||
10 | the record within the time for filing a motion
for rehearing, | ||||||
11 | the 20-day period within which such a motion may be filed
shall | ||||||
12 | commence upon the delivery of the transcript to the applicant | ||||||
13 | or licensee.
| ||||||
14 | (Source: P.A. 86-615.)
| ||||||
15 | (225 ILCS 20/27) (from Ch. 111, par. 6377)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
17 | Sec. 27. Rehearing
Director; rehearing . Whenever the | ||||||
18 | Secretary
Director believes
justice has not been done in the | ||||||
19 | revocation, suspension, or discipline of
a
license
or refusal | ||||||
20 | to issue
or renew a license, he or she may order a rehearing.
| ||||||
21 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
22 | (225 ILCS 20/28) (from Ch. 111, par. 6378)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
24 | Sec. 28. Appointment of a hearing officer. The Secretary
|
| |||||||
| |||||||
1 | Director shall have the
authority to appoint any attorney | ||||||
2 | licensed to practice law in the State of
Illinois to serve as | ||||||
3 | the hearing officer in any action for refusal to issue
or renew | ||||||
4 | a license or permit or to discipline a licensee. The Secretary
| ||||||
5 | Director shall
promptly notify the Board of any such | ||||||
6 | appointment. The hearing officer
shall have full authority to | ||||||
7 | conduct the hearing. At least one member of
the Board shall | ||||||
8 | attend each hearing. The hearing officer shall report his
| ||||||
9 | findings of fact, conclusions of law and recommendations to the | ||||||
10 | Board and
to the Secretary
Director . Upon receipt of the | ||||||
11 | report, the
The Board shall have at least 60 days after
receipt | ||||||
12 | of the
report to review it and to present its findings of fact, | ||||||
13 | conclusions of law
and recommendation to the Secretary
| ||||||
14 | Director . If the Board does not present its
report within the | ||||||
15 | 60 days period , the Secretary
Director may issue an order
based | ||||||
16 | on
the report of the hearing officer. If the Secretary
Director
| ||||||
17 | disagrees with the
recommendation of the Board or of the | ||||||
18 | hearing officer, the Secretary
Director
may issue an
order in | ||||||
19 | contravention of the Board's report. The Secretary
Director
| ||||||
20 | shall promptly provide a
written explanation to the Board on | ||||||
21 | any such disagreement, and shall
specify the reasons for such | ||||||
22 | action in the final order.
| ||||||
23 | (Source: P.A. 90-150, eff. 12-30-97.)
| ||||||
24 | (225 ILCS 20/29) (from Ch. 111, par. 6379)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 29. Order or certified copy thereof - prima facie | ||||||
2 | proof. An order
or a certified copy thereof, over the seal of | ||||||
3 | the Department and purporting
to be signed by the Secretary
| ||||||
4 | Director , shall be prima facie proof that:
| ||||||
5 | (1) Such signature is the genuine signature of the | ||||||
6 | Secretary
Director ;
| ||||||
7 | (2) Such Secretary
Director is duly appointed and | ||||||
8 | qualified; and
| ||||||
9 | (3) The Board and the members thereof are qualified to act.
| ||||||
10 | (Source: P.A. 85-967.)
| ||||||
11 | (225 ILCS 20/32) (from Ch. 111, par. 6382)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
13 | Sec. 32. Temporary suspension of a license. The Secretary
| ||||||
14 | Director may
temporarily suspend the license of a licensed | ||||||
15 | clinical social worker
or licensed social worker without a
| ||||||
16 | hearing simultaneously with the institution of proceedings for | ||||||
17 | a hearing
provided for in Section 21 of this Act if the | ||||||
18 | Secretary
Director finds conclusive
evidence indicating that a | ||||||
19 | licensee's continuation
in practice would constitute an | ||||||
20 | imminent danger to the public. In the event
the Secretary
| ||||||
21 | Director temporarily suspends such license without a hearing, a
| ||||||
22 | hearing by the Board shall be held within 30
days after such | ||||||
23 | suspension has occurred.
| ||||||
24 | (Source: P.A. 85-1131.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|