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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0128
Introduced 1/31/2007, by Sen. Emil Jones, Jr. - Deanna Demuzio - William Delgado - Christine Radogno SYNOPSIS AS INTRODUCED: |
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Amends the Regulatory Sunset Act to change the repeal date of the Clinical Social Work and Social Work Practice Act from January 1, 2008 to January 1, 2018. Amends the Clinical Social Work and Social Work Practice Act. Replaces "Department of Professional Regulation" with "Department of Financial and Professional Regulation" and "Director of the Department of Professional Regulation" with "Secretary of Financial and Professional Regulation" throughout the Act. Adds a provision concerning an applicant's or licensee's change of address. Provides that a civil penalty of $10,000 (rather than $5,000) shall be imposed upon an individual for each offense of unlicensed practice. Makes changes to provisions concerning licensure, licensure by endorsement, grounds for disciplinary action, rehearing, and the appointment of a hearing officer. Makes other changes. Effective immediately.
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A BILL FOR
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing |
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| Section 4.18 and by adding Section 4.28 as follows:
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| (5 ILCS 80/4.18)
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| Sec. 4.18. Acts repealed January 1, 2008 and December 31, |
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| 2008.
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| (a) The following Acts
are repealed on January 1, 2008:
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| The Acupuncture Practice Act.
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| The Clinical Social Work and Social Work Practice Act.
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| The Home Medical Equipment and Services Provider |
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| License Act.
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| The Nursing and Advanced Practice Nursing Act.
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| The Illinois Petroleum Education and Marketing Act.
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| The Illinois Speech-Language Pathology and Audiology |
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| Practice Act.
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| The Marriage and Family Therapy Licensing Act.
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| The Nursing Home Administrators Licensing and |
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| Disciplinary Act.
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| The Pharmacy Practice Act of 1987.
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| The Physician Assistant Practice Act of 1987.
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| The Podiatric Medical Practice Act of 1987.
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| The Structural Pest Control Act.
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| (b) The following Acts are repealed on December 31, 2008: |
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| The Medical Practice Act of 1987. |
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| The Environmental Health Practitioner Licensing Act.
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| (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06.)
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| (5 ILCS 80/4.28 new) |
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| Sec. 4.28. Act repealed on January 1, 2018. The following |
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| Act is repealed on January 1, 2018: |
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| The Clinical Social Work and Social Work Practice Act.
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| Section 10. The Clinical Social Work and Social Work |
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| Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5, |
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| 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and |
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| by adding Section 7.3 as follows:
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| (225 ILCS 20/3) (from Ch. 111, par. 6353)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3. Definitions: The following words and phrases shall |
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| have the
meanings ascribed to them in this Section unless the |
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| context clearly
indicates otherwise:
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| 1. "Department" means the Department of Financial and
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| Professional Regulation.
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| 2. " Secretary
Director " means the Secretary
Director of |
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| Financial and
the Department of Professional
Regulation.
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| 3. "Board" means the Social Work Examining and Disciplinary |
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LRB095 05003 RAS 25071 b |
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| Board.
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| 4. "Licensed Clinical Social Worker" means a person who |
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| holds a license
authorizing the independent practice of |
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| clinical social work in Illinois
under the auspices of an |
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| employer or in private practice.
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| 5. "Clinical social work practice" means the providing of |
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| mental health
services for the evaluation, treatment, and |
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| prevention of mental and
emotional disorders in individuals, |
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| families and groups based on knowledge
and theory of |
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| psychosocial development, behavior, psychopathology,
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| unconscious motivation, interpersonal relationships, and |
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| environmental stress.
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| 6. "Treatment procedures" means among other things, |
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| individual,
marital, family and group psychotherapy.
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| 7. "Independent practice of clinical social work" means the |
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| application
of clinical social work knowledge and skills by a |
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| licensed clinical social
worker who regulates and is |
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| responsible for her or his own practice or
treatment |
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| procedures.
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| 8. "License" means that which is required to practice |
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| clinical social
work or social work under this Act, the |
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| qualifications for which include specific
education, |
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| acceptable experience and examination requirements.
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| 9. "Licensed social worker" means a person who holds a |
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| license authorizing
the practice of social work, which includes |
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| social services to individuals,
groups or communities in any |
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| one
or more of the fields of social casework, social group |
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| work, community
organization for social welfare, social work |
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| research, social welfare
administration or social work |
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| education. Social casework and social group
work may also |
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| include clinical social work, as long as it is not conducted
in |
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| an independent practice, as defined in this Section. |
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| 10. "Address of record" means the address recorded by the |
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| Department in the applicant's or licensee's application file or |
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| license file, as maintained by the Department's licensure |
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| maintenance unit.
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| (Source: P.A. 85-1440.)
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| (225 ILCS 20/5) (from Ch. 111, par. 6355)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 5. Powers and duties of the Department.
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| 1. The Department shall exercise the powers and duties as |
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| set
forth in this Act.
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| 2. The Secretary
Director shall promulgate rules |
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| consistent with the provisions of
this Act for the |
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| administration and enforcement thereof, and shall
prescribe |
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| forms which shall be issued in connection therewith.
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| 3. In addition, the Department shall:
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| (a) Establish rules for determining approved undergraduate
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| and graduate social work degree
programs and prepare and |
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| maintain a list of colleges and universities
offering such |
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| approved programs whose graduates, if they otherwise meet the
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LRB095 05003 RAS 25071 b |
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| requirements of this Act, are eligible to apply for a license.
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| (b) Promulgate rules, as may be necessary, for the |
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| administration of
this Act and to carry out the purposes |
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| thereof and to adopt the methods of
examination of candidates |
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| and to provide for the issuance of licenses
authorizing the |
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| independent practice of clinical social work or the
practice of |
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| social work.
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| (c) Authorize examinations to ascertain the qualifications |
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| and fitness
of candidates for a license to engage in the |
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| independent practice of
clinical social work and in the |
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| practice of social work, and to
determine the qualifications of |
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| applicants from
other jurisdictions to practice in Illinois.
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| (d) Maintain rosters of the names and addresses of all |
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| licensees, and
all persons whose licenses have been suspended, |
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| revoked or denied renewal
for cause within the previous |
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| calendar year. These rosters shall be
available upon written |
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| request and payment of the required fee.
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| (Source: P.A. 85-1131.)
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| (225 ILCS 20/6) (from Ch. 111, par. 6356)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 6. Social Work Examining and Disciplinary Board.
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| (1) The Secretary may
Director shall appoint a Social Work |
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| Examining and
Disciplinary Board consisting of 9 persons who |
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| shall serve in an
advisory capacity to the Secretary
Director . |
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| The Board shall be composed of 5
licensed clinical social |
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LRB095 05003 RAS 25071 b |
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| workers, one of whom shall be a certified school
social worker, |
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| one of whom shall be employed in the private not-for-profit
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| sector and one of whom shall serve as the chairperson, two |
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| licensed social
workers, and 2 members of the public who are |
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| not regulated under this Act
or a similar Act and who clearly |
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| represent consumer interests.
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| (2) Members shall serve for a term of 4 years and until |
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| their
successors are appointed and qualified. No member shall |
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| be
reappointed if such reappointment would cause that person's |
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| service on the
Board to be longer than 8 successive years. |
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| Appointments to fill vacancies
for the unexpired portion of a |
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| vacated term shall be made in the same
manner as original |
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| appointments.
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| (3) The membership of the Board should reasonably reflect
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| representation from different geographic areas of Illinois.
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| (4) The Secretary
Director may terminate the appointment of |
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| any member for
cause.
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| (5) The Secretary
Director shall consider the |
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| recommendation of the Board
on all matters and questions |
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| relating to this Act.
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| (6) The Board is charged with the duties and |
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| responsibilities of
recommending to the Secretary
Director the |
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| adoption of all policies, procedures and
rules which may be |
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| required or deemed advisable in order to perform the
duties and |
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| functions conferred on the Board, the Secretary
Director and |
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| the
Department to carry out the provisions of this Act.
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LRB095 05003 RAS 25071 b |
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| (7) The Board may
shall make recommendations on all matters |
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| relating to
continuing education including the number of hours |
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| necessary for license
renewal, waivers for those unable to meet |
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| such requirements and acceptable
course content. Such |
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| recommendations shall not impose an undue burden on
the |
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| Department or an unreasonable restriction on those seeking |
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| license renewal.
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| (8) The Board shall annually elect one of its members as |
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| chairperson and
one as vice chairperson.
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| (9) Members of the Board shall be reimbursed for all |
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| authorized legitimate
and necessary expenses incurred in |
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| attending the meetings of the Board.
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| (10) A majority of the Board members currently appointed |
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| shall constitute a
quorum. A vacancy in the membership of the |
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| Board shall not impair the right of
a quorum to perform all of |
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| the duties of the Board.
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| (11) Members of the Board shall have no liability in an |
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| action based upon
a disciplinary proceeding or other activity |
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| performed in good faith as a
member of the Board.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/7.3 new)
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| Sec. 7.3. Change of address. An applicant or licensee must |
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| inform the Department of any change of address, and such |
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| changes must be made either through the Department's website or |
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| by contacting the Department's licensure maintenance unit.
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| (225 ILCS 20/9) (from Ch. 111, par. 6359)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 9. Qualification for clinical social worker license
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| License . A person shall be qualified to be
licensed as a |
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| clinical social worker and the Department shall issue a
license |
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| authorizing the independent practice of clinical social work to
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| an applicant who:
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| (1) has applied in writing on the prescribed form;
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| (2) is of good moral character. In determining good moral
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| character, the Department may take into consideration whether |
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| the applicant was
engaged in conduct or actions that would |
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| constitute grounds for discipline
under this
Act;
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| (3) (A) demonstrates to the satisfaction of the Department
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| that
subsequent to securing a master's degree in social |
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| work from an approved
program the applicant has |
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| successfully completed at least 3,000 hours of
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| satisfactory, supervised clinical professional experience; |
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| or
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| (B) demonstrates to the satisfaction of the Department |
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| that
such
applicant has received a doctor's degree in |
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| social work from an approved
program and has completed at |
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| least 2,000 hours of satisfactory, supervised
clinical |
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| professional experience subsequent to the degree;
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| (4) has passed the examination for the practice of clinical
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| social work
as authorized by the Department; and
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| (5) has paid the required fees.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/10.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 10.5. Unlicensed practice; violation; civil penalty.
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| (a) Any person who practices, offers to practice, attempts |
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| to practice, or
holds himself or herself out to practice as a |
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| clinical social worker or
social worker
without being
licensed |
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| or exempt under this Act shall, in addition to any other |
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| penalty
provided by law, pay a civil penalty to the Department |
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| in an amount not to
exceed $10,000
$5,000 for each offense, as |
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| determined by the Department. The civil
penalty shall be |
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| assessed by the Department after a hearing is held in
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| accordance with the provisions set forth in this Act regarding |
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| the provision of
a hearing for the discipline of a licensee.
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| (b) The Department may investigate any actual, alleged, or |
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| suspected
unlicensed activity.
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| (c) The civil penalty shall be paid within 60 days after |
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| the effective date
of the order imposing the civil penalty. The |
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| order shall constitute a judgment
and may be filed and |
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| execution had thereon in the same manner as any judgment
from |
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| any court of record.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/11) (from Ch. 111, par. 6361)
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LRB095 05003 RAS 25071 b |
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 11. Licenses ; renewal; restoration; person in |
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| military service; inactive status .
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| (a) The expiration date and renewal period for each license
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| A license shall be issued for a 2 year period; however the
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| expiration date for licenses issued under this Act shall be set |
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| by rule.
The licensee may renew a license during the 60-day
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| 30-day period preceding its
the
expiration date by paying the |
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| required fee and by demonstrating compliance
with any |
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| continuing education requirements , as defined by rule . Proof of |
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| having met the minimum
requirements of continuing education, as |
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| determined by rule, shall be
required for all license renewals. |
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| Pursuant to rule, the continuing
education requirements may, |
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| upon petition to the Board, be waived in whole
or in part for |
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| licensed social workers or licensed clinical social workers
who |
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| can demonstrate their service in the Coast Guard or Armed |
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| Forces during
the period in question, an extreme hardship, or |
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| that the license was
obtained by examination or endorsement |
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| within the preceding renewal period.
The Department shall |
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| establish, by rule, a means for the verification of
completion |
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| of the continuing education required by this Section. This
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| verification may be accomplished by audits of records |
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| maintained by
licensees, by requiring the filing of continuing |
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| education records with
the Department or an organization |
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| selected by the Department to maintain these
records, or by |
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| other means established by the Department.
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LRB095 05003 RAS 25071 b |
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| (b) Any person who has permitted a license to expire or who |
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| has a
license on inactive status may have it restored by |
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| submitting
making an application to
the Department and filing |
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| proof of fitness , as defined by rule, to have the license |
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| restored,
including, if appropriate, evidence , which is |
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| satisfactory to the
Department , certifying the active practice |
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| of clinical social work or
social work in another jurisdiction |
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| and by paying the required fee.
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| (b-5) If the person has not maintained an active practice |
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| in another
jurisdiction which is satisfactory to the |
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| Department, the Department
shall determine , by an evaluation |
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| program recommended by the Board and
established by rule, the |
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| person's fitness to resume active status and the
Department may |
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| require the person to pass an examination . The Department ,
with |
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| the recommendation of the Board, may also require the person to
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| complete a specific period of evaluated clinical social work or |
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| social
work experience and may require successful completion of |
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| an examination .
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| (b-7) Notwithstanding any other provision of this Act
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| However , any person whose license expired while on active duty |
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| with
the armed forces of the United States, while called into |
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| service or
training with the State Militia or in training or |
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| education under the
supervision of the United States government |
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| prior to induction into the
military service may have his or |
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| her license restored without paying any
renewal
fees if, within |
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| 2 years after the honorable termination of that service,
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LRB095 05003 RAS 25071 b |
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| training or education, except under conditions other than |
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| honorable, the
Department is furnished with satisfactory |
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| evidence that the person has been
so engaged and that the |
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| service, training or education has
been so terminated.
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| (c) A license to practice shall not be denied any applicant |
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| because of the applicant's race, religion, creed, national |
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| origin, political beliefs or activities, age, sex, sexual |
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| orientation, or physical impairment.
Any person who notifies |
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| the Department, in writing
on forms prescribed by the |
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| Department, may place his license on inactive
status and shall |
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| be excused from the payment of renewal fees until the
person |
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| notifies the Department in writing of his intention to resume |
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| active
practice.
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| Any person requesting that his license be changed from |
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| inactive to
active status shall be required to pay the current |
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| renewal fee and shall
also demonstrate compliance with the |
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| continuing education requirements.
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| (d) (Blank). Any licensed clinical social worker or |
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| licensed social
worker whose license is on inactive status |
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| shall not engage in the
independent practice of clinical social |
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| work or in the practice of social
work in the State of |
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| Illinois. If an individual engages in the independent
practice |
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| of clinical social work or in the practice of social work while |
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| on
inactive status, that individual is considered to be |
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| practicing without a
license and is subject to the disciplinary |
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| provisions of this Act.
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| (e) (Blank).
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| (f) (Blank).
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| (g) The Department shall indicate on each license the |
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| academic degree of
the licensee.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/12.5)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 12.5. Endorsement. The Department may issue a license |
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| as a
clinical social worker or as a social worker, without the |
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| required
examination, to an applicant licensed under the laws |
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| of another jurisdiction if
the requirements for licensure in |
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| that jurisdiction are, on the date of
licensure, substantially |
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| equivalent to the requirements of this Act or to any
person
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| who, at the time of his or her licensure, possessed individual |
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| qualifications
that were substantially equivalent to the |
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| requirements then in force in this
State. An applicant under |
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| this Section shall pay the required fees.
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| Applicants have 3 years from the date of application to |
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| complete the
application process. If the process has not been |
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| completed in 3 years, the
application shall be denied, the fee |
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| shall be forfeited, and the applicant must
reapply and meet the |
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| requirements in effect at the time of reapplication.
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| (Source: P.A. 90-150, eff. 12-30-97.)
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| (225 ILCS 20/14) (from Ch. 111, par. 6364)
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SB0128 |
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LRB095 05003 RAS 25071 b |
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 14. Checks or order to Department dishonored because |
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| of insufficient
funds.
Any person who delivers a check or other |
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| payment to the Department that
is returned to the Department |
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| unpaid by the financial institution upon
which it is drawn |
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| shall pay to the Department, in addition to the amount
already |
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| owed to the Department, a fine of $50. The fines imposed by |
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| this Section are in addition
to any other discipline provided |
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| under this Act for unlicensed
practice or practice on a |
10 |
| nonrenewed license. The Department shall notify
the person that |
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| payment of fees and fines shall be paid to the Department
by |
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| certified check or money order within 30 calendar days of the
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| notification. If, after the expiration of 30 days from the date |
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| of the
notification, the person has failed to submit the |
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| necessary remittance, the
Department shall automatically |
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| terminate the license or certificate or deny
the application, |
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| without hearing. If, after termination or denial, the
person |
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| seeks a license or certificate, he or she shall apply to the
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| Department for restoration or issuance of the license or |
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| certificate and
pay all fees and fines due to the Department. |
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| The Department may establish
a fee for the processing of an |
22 |
| application for restoration of a license or
certificate to pay |
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| all expenses of processing this application. The Secretary
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| Director
may waive the fines due under this Section in |
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| individual cases where the Secretary
Director finds that the |
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| fines would be unreasonable or unnecessarily
burdensome.
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SB0128 |
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LRB095 05003 RAS 25071 b |
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|
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| (Source: P.A. 92-146, eff. 1-1-02.)
|
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| (225 ILCS 20/19) (from Ch. 111, par. 6369)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 19. Grounds for disciplinary action.
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| (1) The Department may refuse to issue, refuse to renew, |
6 |
| suspend, or
revoke any license, or may place on probation, |
7 |
| censure, reprimand, or take
other disciplinary or |
8 |
| non-disciplinary action deemed appropriate by the Department, |
9 |
| including the
imposition of fines not to exceed $10,000
$1,000
|
10 |
| for each violation, with regard to any
license issued under the |
11 |
| provisions of this Act for any one or a combination of
the |
12 |
| following reasons:
|
13 |
| (a) material misstatements of fact in furnishing |
14 |
| information to the
Department or to any other State agency |
15 |
| or in furnishing information to any
insurance company with |
16 |
| respect to a claim on behalf of a licensee or a patient;
|
17 |
| (b) violations or negligent or intentional disregard |
18 |
| of this Act, or any
of the rules promulgated hereunder;
|
19 |
| (c) conviction of or entry of a plea of guilty or nolo |
20 |
| contendere to any crime that is a felony under the laws of |
21 |
| the United States or any
state or territory thereof or that |
22 |
| is a felony or misdemeanor, of
which an essential
element |
23 |
| is dishonesty, or of any crime that
which is directly |
24 |
| related
to the practice of the clinical social work or |
25 |
| social work professions;
|
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| (d) making any misrepresentation for the purpose of |
2 |
| obtaining licenses,
or violating any provision of this Act |
3 |
| or any of the rules promulgated
hereunder;
|
4 |
| (e) professional incompetence;
|
5 |
| (f) malpractice;
|
6 |
| (g) aiding or assisting another person in violating any |
7 |
| provision or this
Act or any rules;
|
8 |
| (h) failing to provide information within 30
60 days in |
9 |
| response to a
written request made by the Department;
|
10 |
| (i) engaging in dishonorable, unethical or |
11 |
| unprofessional conduct of a
character likely to deceive, |
12 |
| defraud or harm the public as defined by the
rules of the |
13 |
| Department, or violating the rules of professional conduct
|
14 |
| adopted by the Board and published by the Department;
|
15 |
| (j) habitual
or excessive use or addiction to alcohol, |
16 |
| narcotics, stimulants, or any other
chemical agent or drug |
17 |
| that results in a clinical social worker's or social
|
18 |
| worker's inability to practice
with reasonable judgment, |
19 |
| skill, or safety;
|
20 |
| (k) discipline by another jurisdiction, if at least one |
21 |
| of the grounds
for the discipline is the same or |
22 |
| substantially equivalent to those set
forth in this |
23 |
| Section;
|
24 |
| (1) directly or indirectly giving to or receiving from |
25 |
| any person, firm,
corporation, partnership or association |
26 |
| any fee, commission, rebate or
other form of compensation |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| for any professional service not actually rendered;
|
2 |
| (m) a finding by the Board that the licensee, after |
3 |
| having the license
placed on probationary status, has |
4 |
| violated the terms of probation;
|
5 |
| (n) abandonment, without cause, of a client;
|
6 |
| (o) wilfully filing false reports relating to a |
7 |
| licensee's practice,
including but not limited to false |
8 |
| records filed with Federal or State
agencies or |
9 |
| departments;
|
10 |
| (p) wilfully failing to report an instance of suspected |
11 |
| child abuse or
neglect as required by the Abused and |
12 |
| Neglected Child Reporting Act;
|
13 |
| (q) being named as a perpetrator in an indicated report |
14 |
| by the
Department of Children and Family Services under the |
15 |
| Abused and
Neglected Child Reporting Act, and upon proof by |
16 |
| clear and convincing evidence
that the licensee has caused |
17 |
| a child to be an abused child or neglected child
as defined |
18 |
| in the Abused and Neglected Child Reporting Act;
|
19 |
| (r) physical illness,
or mental illness, or any other |
20 |
| impairment or disability, including , but not limited to,
|
21 |
| deterioration through the
aging process, or loss of motor
|
22 |
| abilities and skills that
which results in the inability
to |
23 |
| practice the profession with reasonable judgment, skill or |
24 |
| safety;
|
25 |
| (s) solicitation of professional services by using |
26 |
| false or
misleading advertising; or
|
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| (t) violation of the Health Care Worker Self-Referral |
2 |
| Act.
|
3 |
| (2) (Blank).
|
4 |
| (3) The determination by a court that a licensee is subject |
5 |
| to
involuntary
admission or judicial admission as provided in |
6 |
| the Mental Health and
Developmental Disabilities Code, will |
7 |
| result in an automatic suspension of his
license. Such |
8 |
| suspension will end upon a finding by a court that the licensee
|
9 |
| is no longer subject to involuntary admission or judicial |
10 |
| admission and issues
an order so finding and discharging the |
11 |
| patient, and upon the recommendation of
the Board to the |
12 |
| Secretary
Director that the licensee be allowed to resume |
13 |
| professional
practice.
|
14 |
| (4) The Department may refuse to issue or renew or may |
15 |
| suspend the license of a
person who fails to file a return, pay |
16 |
| the tax, penalty, or interest shown in a
filed return, or pay |
17 |
| any final assessment of tax, penalty, or interest, as
required |
18 |
| by any tax Act administered by the Department of Revenue,
until |
19 |
| the requirements of the tax Act are satisfied.
|
20 |
| (5) In enforcing this Section, the Board upon a showing of |
21 |
| a possible
violation may compel a person licensed to practice |
22 |
| under this Act, or
who has applied for licensure or |
23 |
| certification pursuant to this Act, to submit
to a mental or |
24 |
| physical examination, or both, as required by and at the |
25 |
| expense
of the Department. The examining physicians
shall be |
26 |
| those specifically designated by the Board.
The Board or the |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| Department may order the examining physician
to present |
2 |
| testimony concerning this mental or physical
examination
of the |
3 |
| licensee or applicant. No information shall be excluded by |
4 |
| reason of
any common law or statutory privilege relating to |
5 |
| communications between the
licensee or applicant and the |
6 |
| examining physician.
The person to be examined may have, at his |
7 |
| or her own expense, another
physician of his or her choice |
8 |
| present during all
aspects of the examination. Failure of any |
9 |
| person to submit to a mental or
physical examination, when |
10 |
| directed, shall be grounds for suspension of a
license until |
11 |
| the person submits to the examination if the Board finds,
after |
12 |
| notice and hearing, that the refusal to submit to the |
13 |
| examination was
without reasonable cause.
|
14 |
| If the Board finds a person unable to practice because of |
15 |
| the reasons
set forth in this Section, the Board may require |
16 |
| that person to submit to
care, counseling, or treatment by |
17 |
| physicians
approved
or designated by the Board, as a condition, |
18 |
| term, or restriction for continued,
reinstated, or
renewed |
19 |
| licensure to practice; or, in lieu of care, counseling or |
20 |
| treatment,
the
Board may recommend to the Department to file a |
21 |
| complaint to immediately
suspend, revoke or otherwise |
22 |
| discipline the license of the person.
Any person whose
license |
23 |
| was granted, continued, reinstated, renewed, disciplined or |
24 |
| supervised
subject to such terms, conditions or restrictions, |
25 |
| and who fails to comply with
such terms, conditions, or |
26 |
| restrictions, shall be referred to the Secretary
Director for
a
|
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| determination as to whether the person shall have his or her |
2 |
| license
suspended immediately, pending a hearing by the Board.
|
3 |
| In instances in which the Secretary
Director immediately |
4 |
| suspends a person's license
under this Section, a hearing on |
5 |
| that person's license must be convened by
the Board within 30
|
6 |
| 15 days after the suspension and completed without appreciable
|
7 |
| delay.
The Board shall have the authority to review the subject |
8 |
| person's record of
treatment and counseling regarding the |
9 |
| impairment, to the extent permitted by
applicable federal |
10 |
| statutes and regulations safeguarding the confidentiality of
|
11 |
| medical records.
|
12 |
| A person licensed under this Act and affected under this |
13 |
| Section shall
be
afforded an opportunity to demonstrate to the |
14 |
| Board that he or she can resume
practice in compliance with |
15 |
| acceptable and prevailing standards under the
provisions of his |
16 |
| or her license.
|
17 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
18 |
| (225 ILCS 20/20) (from Ch. 111, par. 6370)
|
19 |
| (Section scheduled to be repealed on January 1, 2008)
|
20 |
| Sec. 20. Violations - Injunction - Cease and desist order. |
21 |
| 1. If any person violates the provisions of this Act, the |
22 |
| Secretary
Director may,
in the name of the People of the State |
23 |
| of Illinois, through the Attorney
General, petition for an |
24 |
| order enjoining such violation or for an order
enforcing |
25 |
| compliance with this Act. Upon the filing of a verified |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| petition,
the court with appropriate jurisdiction may issue a |
2 |
| temporary restraining
order without notice or bond, and may |
3 |
| preliminarily and permanently enjoin
such violation. If it is |
4 |
| established that such person has violated or is
violating the |
5 |
| injunction, the court may punish the offender for contempt of
|
6 |
| court. Proceedings under this Section shall be in addition to |
7 |
| all other
remedies and penalties provided by this Act.
|
8 |
| 2. If any person shall hold herself or himself out as a |
9 |
| licensed
clinical social worker or licensed social worker and |
10 |
| is not licensed under
this Act, then any licensed clinical |
11 |
| social worker, licensed social worker,
interested party or any |
12 |
| person injured thereby may petition for relief as
provided in |
13 |
| subsection (1) of this Section.
|
14 |
| 3. Whenever, in the opinion of the Department, a person |
15 |
| violates any
provision of this Act, the Department may issue a |
16 |
| rule to show cause why an
order to cease and desist should not |
17 |
| be entered against such person. The
rule shall clearly set |
18 |
| forth the grounds relied upon by the Department and
shall allow |
19 |
| at least 7 days from the date of the rule to file an answer
|
20 |
| satisfactory to the Department. Failure to answer to the |
21 |
| satisfaction of
the Department shall cause an order to cease |
22 |
| and desist to be issued.
|
23 |
| (Source: P.A. 85-1131.)
|
24 |
| (225 ILCS 20/21) (from Ch. 111, par. 6371)
|
25 |
| (Section scheduled to be repealed on January 1, 2008)
|
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| Sec. 21. Investigations; notice and hearing. The |
2 |
| Department may
investigate the actions of any applicant or of |
3 |
| any person holding or
claiming to hold a license. The |
4 |
| Department shall, before refusing to issue
or renew a license, |
5 |
| at least 30 days prior to the date set for the
hearing,
notify, |
6 |
| in writing, the applicant for, or holder of, a license of the |
7 |
| nature
of the charges and that a hearing will be held on the |
8 |
| date designated.
The Department shall direct the applicant or |
9 |
| licensee to file a written
answer to the Board under oath |
10 |
| within 20 days after the service of the
notice and inform the |
11 |
| applicant or licensee that failure to file an answer
will |
12 |
| result in default being taken against the applicant or licensee |
13 |
| and
that the license or certificate may be
suspended, revoked, |
14 |
| placed on probationary status, or other disciplinary
action may |
15 |
| be taken, including limiting the scope, nature or extent of
|
16 |
| practice, as the Secretary
Director may deem proper. Written |
17 |
| notice may be served by personal delivery or certified or
|
18 |
| registered mail to the applicant or licensee at the applicant's |
19 |
| last address of record
the last
notification to the Department .
|
20 |
| In case the person fails to file an answer after receiving |
21 |
| notice, his or
her license or certificate may, in the |
22 |
| discretion of the Department, be
suspended, revoked, or placed |
23 |
| on probationary status, or the Department may
take whatever |
24 |
| disciplinary action deemed proper, including limiting the
|
25 |
| scope, nature, or extent of the person's practice or the |
26 |
| imposition of a
fine, without a hearing, if the act or acts |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| charged constitute sufficient
grounds for such action under |
2 |
| this Act.
At the time and place fixed in the notice,
the Board |
3 |
| shall proceed to hear the charges and the parties or their
|
4 |
| counsel shall be accorded ample opportunity to present any |
5 |
| statements,
testimony, evidence and argument as may be |
6 |
| pertinent to the charges or to
their defense. The Board may |
7 |
| continue a hearing from time to time.
|
8 |
| (Source: P.A. 87-1031.)
|
9 |
| (225 ILCS 20/23) (from Ch. 111, par. 6373)
|
10 |
| (Section scheduled to be repealed on January 1, 2008)
|
11 |
| Sec. 23. Subpoenas - Depositions - Oaths. The Department |
12 |
| shall have
the power to subpoena and to bring before it any |
13 |
| person and to take
testimony either orally or by deposition, or |
14 |
| both, with the same fees and
mileage and in the same manner as |
15 |
| prescribed in civil cases in the courts
of this State.
|
16 |
| The Secretary
Director , the designated hearing officer and |
17 |
| every member of the
Board shall have power to administer oaths |
18 |
| to witnesses at any hearing
which the Department is authorized |
19 |
| to conduct, and any other oaths
authorized in any Act |
20 |
| administered by the Department.
|
21 |
| (Source: P.A. 85-967.)
|
22 |
| (225 ILCS 20/24) (from Ch. 111, par. 6374)
|
23 |
| (Section scheduled to be repealed on January 1, 2008)
|
24 |
| Sec. 24. Compelling Testimony. Any court, upon application |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| of the
Department, designated hearing officer or the applicant |
2 |
| or licensee against
whom proceedings under Section 19
17 of |
3 |
| this Act are pending, may enter an
order requiring the |
4 |
| attendance of witnesses and their testimony, and the
production |
5 |
| of documents, papers, files, books and records in connection
|
6 |
| with any hearing or investigation. The court may compel |
7 |
| obedience to its
order by proceedings for contempt.
|
8 |
| (Source: P.A. 85-967.)
|
9 |
| (225 ILCS 20/25) (from Ch. 111, par. 6375)
|
10 |
| (Section scheduled to be repealed on January 1, 2008)
|
11 |
| Sec. 25. Findings and recommendations. At the conclusion of |
12 |
| the
hearing the Board shall present to the Secretary
Director a |
13 |
| written report of its
findings of fact, conclusions of law and |
14 |
| recommendations. The report shall
contain a finding whether or |
15 |
| not the licensee violated this act or
failed to comply with the |
16 |
| conditions required in this Act. The Board shall
specify the |
17 |
| nature of the violation or failure to comply, and shall make
|
18 |
| its recommendations to the Secretary
Director .
|
19 |
| The report of findings of fact, conclusions of law and |
20 |
| recommendation of
the Board shall be the basis for the |
21 |
| Department's order or refusal or for
the granting of the |
22 |
| license. If the Secretary
Director disagrees with the
|
23 |
| recommendations of the Board, the Secretary
Director may issue |
24 |
| an order in
contravention thereof. The Secretary
Director shall |
25 |
| provide a written report to the
Board on any disagreement and |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| shall specify the reasons for said action in
the final order. |
2 |
| The finding is not admissible in evidence against the
person in |
3 |
| a criminal prosecution brought for the violation of this Act, |
4 |
| but
the hearing and findings are not a bar to a criminal |
5 |
| prosecution brought for
the violation of this Act.
|
6 |
| (Source: P.A. 85-967.)
|
7 |
| (225 ILCS 20/26) (from Ch. 111, par. 6376)
|
8 |
| (Section scheduled to be repealed on January 1, 2008)
|
9 |
| Sec. 26. Board - Rehearing. In any case involving the |
10 |
| refusal to
issue or to renew a license or to discipline a |
11 |
| licensee, a copy of the
Board's report shall be served upon the |
12 |
| applicant or licensee by the
Department, either personally or |
13 |
| by registered or certified mail or as
provided in this Act for |
14 |
| the service of the notice of hearing. Within 20
days after such |
15 |
| service, the applicant or licensee may present to the
|
16 |
| Department a motion in writing for a rehearing which shall |
17 |
| specify the
particular grounds therefor. If no motion for a |
18 |
| rehearing is filed, then
upon the expiration of the time |
19 |
| specified for filing such a motion, or if a
motion for |
20 |
| rehearing is denied, then upon such denial, the Secretary
|
21 |
| Director may
enter an order in accordance with recommendations |
22 |
| of the Board, except as
provided in Section 25 of this Act. If |
23 |
| the applicant or licensee requests
and pays for a transcript of |
24 |
| the record within the time for filing a motion
for rehearing, |
25 |
| the 20-day period within which such a motion may be filed
shall |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| commence upon the delivery of the transcript to the applicant |
2 |
| or licensee.
|
3 |
| (Source: P.A. 86-615.)
|
4 |
| (225 ILCS 20/27) (from Ch. 111, par. 6377)
|
5 |
| (Section scheduled to be repealed on January 1, 2008)
|
6 |
| Sec. 27. Rehearing
Director; rehearing . Whenever the |
7 |
| Secretary
Director believes
justice has not been done in the |
8 |
| revocation, suspension, or discipline of
a
license
or refusal |
9 |
| to issue
or renew a license, he or she may order a rehearing.
|
10 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
11 |
| (225 ILCS 20/28) (from Ch. 111, par. 6378)
|
12 |
| (Section scheduled to be repealed on January 1, 2008)
|
13 |
| Sec. 28. Appointment of a hearing officer. The Secretary
|
14 |
| Director shall have the
authority to appoint any attorney |
15 |
| licensed to practice law in the State of
Illinois to serve as |
16 |
| the hearing officer in any action for refusal to issue
or renew |
17 |
| a license or permit or to discipline a licensee. The Secretary
|
18 |
| Director shall
promptly notify the Board of any such |
19 |
| appointment. The hearing officer
shall have full authority to |
20 |
| conduct the hearing. At least one member of
the Board shall |
21 |
| attend each hearing. The hearing officer shall report his
|
22 |
| findings of fact, conclusions of law and recommendations to the |
23 |
| Board and
to the Secretary
Director . Upon receipt of the |
24 |
| report, the
The Board shall have at least 60 days after
receipt |
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
|
1 |
| of the
report to review it and to present its findings of fact, |
2 |
| conclusions of law
and recommendation to the Secretary
|
3 |
| Director . If the Board does not present its
report within the |
4 |
| 60 days period , the Secretary
Director may issue an order
based |
5 |
| on
the report of the hearing officer. If the Secretary
Director
|
6 |
| disagrees with the
recommendation of the Board or of the |
7 |
| hearing officer, the Secretary
Director
may issue an
order in |
8 |
| contravention of the Board's report. The Secretary
Director
|
9 |
| shall promptly provide a
written explanation to the Board on |
10 |
| any such disagreement, and shall
specify the reasons for such |
11 |
| action in the final order.
|
12 |
| (Source: P.A. 90-150, eff. 12-30-97.)
|
13 |
| (225 ILCS 20/29) (from Ch. 111, par. 6379)
|
14 |
| (Section scheduled to be repealed on January 1, 2008)
|
15 |
| Sec. 29. Order or certified copy thereof - prima facie |
16 |
| proof. An order
or a certified copy thereof, over the seal of |
17 |
| the Department and purporting
to be signed by the Secretary
|
18 |
| Director , shall be prima facie proof that:
|
19 |
| (1) Such signature is the genuine signature of the |
20 |
| Secretary
Director ;
|
21 |
| (2) Such Secretary
Director is duly appointed and |
22 |
| qualified; and
|
23 |
| (3) The Board and the members thereof are qualified to act.
|
24 |
| (Source: P.A. 85-967.)
|
|
|
|
SB0128 |
- 28 - |
LRB095 05003 RAS 25071 b |
|
|
1 |
| (225 ILCS 20/32) (from Ch. 111, par. 6382)
|
2 |
| (Section scheduled to be repealed on January 1, 2008)
|
3 |
| Sec. 32. Temporary suspension of a license. The Secretary
|
4 |
| Director may
temporarily suspend the license of a licensed |
5 |
| clinical social worker
or licensed social worker without a
|
6 |
| hearing simultaneously with the institution of proceedings for |
7 |
| a hearing
provided for in Section 21 of this Act if the |
8 |
| Secretary
Director finds conclusive
evidence indicating that a |
9 |
| licensee's continuation
in practice would constitute an |
10 |
| imminent danger to the public. In the event
the Secretary
|
11 |
| Director temporarily suspends such license without a hearing, a
|
12 |
| hearing by the Board shall be held within 30
days after such |
13 |
| suspension has occurred.
|
14 |
| (Source: P.A. 85-1131.)
|
15 |
| Section 99. Effective date. This Act takes effect upon |
16 |
| becoming law.
|
|
|
|
SB0128 |
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LRB095 05003 RAS 25071 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.18 |
|
| 4 |
| 5 ILCS 80/4.28 new |
|
| 5 |
| 225 ILCS 20/3 |
from Ch. 111, par. 6353 |
| 6 |
| 225 ILCS 20/5 |
from Ch. 111, par. 6355 |
| 7 |
| 225 ILCS 20/6 |
from Ch. 111, par. 6356 |
| 8 |
| 225 ILCS 20/7.3 new |
|
| 9 |
| 225 ILCS 20/9 |
from Ch. 111, par. 6359 |
| 10 |
| 225 ILCS 20/10.5 |
|
| 11 |
| 225 ILCS 20/11 |
from Ch. 111, par. 6361 |
| 12 |
| 225 ILCS 20/12.5 |
|
| 13 |
| 225 ILCS 20/14 |
from Ch. 111, par. 6364 |
| 14 |
| 225 ILCS 20/19 |
from Ch. 111, par. 6369 |
| 15 |
| 225 ILCS 20/20 |
from Ch. 111, par. 6370 |
| 16 |
| 225 ILCS 20/21 |
from Ch. 111, par. 6371 |
| 17 |
| 225 ILCS 20/23 |
from Ch. 111, par. 6373 |
| 18 |
| 225 ILCS 20/24 |
from Ch. 111, par. 6374 |
| 19 |
| 225 ILCS 20/25 |
from Ch. 111, par. 6375 |
| 20 |
| 225 ILCS 20/26 |
from Ch. 111, par. 6376 |
| 21 |
| 225 ILCS 20/27 |
from Ch. 111, par. 6377 |
| 22 |
| 225 ILCS 20/28 |
from Ch. 111, par. 6378 |
| 23 |
| 225 ILCS 20/29 |
from Ch. 111, par. 6379 |
| 24 |
| 225 ILCS 20/32 |
from Ch. 111, par. 6382 |
|
|