Illinois General Assembly - Full Text of HB5529
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Full Text of HB5529  103rd General Assembly



HB5529 EngrossedLRB103 37645 RTM 67772 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. The Clinical Social Work and Social Work
5Practice Act is amended by changing Sections 3, 4, 6, 8.2, 10,
610.5, 11, 12.5, 14, 17, 19, 20, 21, 28, 30, 31, and 32 and by
7adding Section 4.5 as follows:
8    (225 ILCS 20/3)  (from Ch. 111, par. 6353)
9    (Section scheduled to be repealed on January 1, 2028)
10    Sec. 3. Definitions. The following words and phrases shall
11have the meanings ascribed to them in this Section unless the
12context clearly indicates otherwise:
13    1. "Department" means the Department of Financial and
14Professional Regulation.
15    2. "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    3. "Board" means the Social Work Examining and
18Disciplinary Board.
19    4. "Licensed Clinical Social Worker" means a person who
20holds a license authorizing the independent practice of
21clinical social work in Illinois under the auspices of an
22employer or in private practice or under the auspices of
23public human service agencies or private, nonprofit agencies



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1providing publicly sponsored human services.
2    5. "Clinical social work practice" means the providing of
3mental health services for the evaluation, treatment, and
4prevention of mental and emotional disorders in individuals,
5families, and groups based on knowledge and theory of
6professionally accepted theoretical structures, including, but
7not limited to, psychosocial development, behavior,
8psychopathology, unconscious motivation, interpersonal
9relationships, and environmental stress.
10    6. "Treatment procedures" means among other things,
11individual, marital, family, and group psychotherapy.
12    7. "Independent practice of clinical social work" means
13the application of clinical social work knowledge and skills
14by a licensed clinical social worker who regulates and the
15licensed clinical social worker is responsible for the
16licensed clinical social worker's her or his own practice or
17treatment procedures.
18    8. "License" means that which is required to practice
19clinical social work or social work under this Act, the
20qualifications for which include specific education,
21acceptable experience, and examination requirements.
22    9. "Licensed social worker" means a person who holds a
23license authorizing the practice of social work, which
24includes social services to individuals, groups or communities
25in any one or more of the fields of social casework, social
26group work, community organization for social welfare, social



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1work research, social welfare administration, or social work
2education. Social casework and social group work may also
3include clinical social work, as long as it is not conducted in
4an independent practice, as defined in this Section.
5    10. "Address of record" means the address recorded by the
6Department in the applicant's application file or the
7licensee's license file, as maintained by the Department's
8licensure maintenance unit.
9    11. "Email address of record" means the designated email
10address recorded by the Department in the applicant's
11application file or the licensee's license file, as maintained
12by the Department's licensure maintenance unit.
13(Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)
14    (225 ILCS 20/4)  (from Ch. 111, par. 6354)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 4. Exemptions.
17    1. This Act does not prohibit any of the following:
18        (a) Any persons legally regulated in this State under
19    any other Act from engaging in the practice for which they
20    are authorized, provided that they do not represent
21    themselves by any title as being engaged in the
22    independent practice of clinical social work or the
23    practice of social work as defined in this Act, nor does it
24    prohibit the practice of nonregulated professions whose
25    practitioners are engaged in the delivery of human



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1    services, provided such practitioners do not represent
2    themselves as or use the title of clinical social worker
3    or social worker.
4        (b) The practice of clinical social work or social
5    work by a person who is employed by the United States
6    government or by the State of Illinois, unit of local
7    government or any bureau, division or agency thereof while
8    in the discharge of the employee's official duties.
9    Clinical social workers employed by the State of Illinois
10    who are hired after the effective date of this amendatory
11    Act of 1994 shall hold a valid license, issued by this
12    State, to practice as a licensed clinical social worker,
13    except for those clinical social workers employed by the
14    State who obtain their positions through promotion.
15        (c) The practice of a student pursuing a course of
16    professional education under the terms of this Act, if
17    these activities and services constitute a part of such
18    student's supervised course of study.
19        (d) A person from practicing social work if the person
20    is obtaining experience for licensure as a clinical social
21    worker or social worker, provided the person is designated
22    by a title that clearly indicates training status.
23        (e) A person, who is not a resident of this State, from
24    performing social work via telehealth in this State for a
25    nonresident of this State for not more than 5 days in any
26    one month or more than 15 days in any one calendar year,



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1    had a previous established therapeutic relationship with
2    the nonresident, and the person is authorized to perform
3    such services under the laws of the state or country in
4    which the person resides.
5        (f) A person, who is not a resident of this State, from
6    performing social work via telehealth in this State for a
7    nonresident of this State currently attending a university
8    or college in this State, had a previous established
9    therapeutic relationship with the nonresident, and the
10    person is authorized to perform such services under the
11    laws of the state or country in which the person resides.
12    2. Nothing in this Act shall be construed to apply to any
13person engaged in the bona fide practice of religious ministry
14provided the person does not claim hold himself out to be
15engaged in the independent practice of clinical social work or
16the practice of social work.
17    3. This Act does not prohibit a person serving as a
18volunteer so long as no representation prohibited by this
19Section is made.
20    4. Nothing contained in this Act shall be construed to
21require any hospital, clinic, home health agency, hospice, or
22other entity which provides health care to employ or to
23contract with a licensed clinical social worker to provide
24clinical social work practice or the independent practice of
25clinical social work as described in this Act.
26(Source: P.A. 102-785, eff. 1-1-23.)



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1    (225 ILCS 20/4.5 new)
2    Sec. 4.5. Opioid antagonists.
3    (a) A licensed clinical social worker or licensed social
4worker may possess and administer opioid antagonists in the
5licensed clinical social worker's or licensed social worker's
6professional capacity.
7    (b) If a person employs a licensed clinical social worker
8or licensed social worker and the licensed clinical social
9worker or licensed social worker possess an opioid antagonist
10in a professional capacity, then the employer must:
11        (1) provide training in the administration of opioid
12    antagonists; and
13        (2) establish a policy to control the acquisition,
14    storage, transportation, and administration of opioid
15    antagonists.
16    (225 ILCS 20/6)  (from Ch. 111, par. 6356)
17    (Section scheduled to be repealed on January 1, 2028)
18    Sec. 6. Social Work Examining and Disciplinary Board.
19    (1) The Secretary shall appoint a Social Work Examining
20and Disciplinary Board consisting of 9 persons who shall serve
21in an advisory capacity to the Secretary. The Board shall be
22composed of 6 licensed clinical social workers, one of whom
23shall be employed in a public human service agency, one of whom
24shall be a certified school social worker, one of whom shall be



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1employed in the private not-for-profit sector and one of whom
2shall serve as the chairperson, 2 licensed social workers, and
3one member of the public who is not regulated under this Act or
4a similar Act and who clearly represents consumer interests.
5    (2) Members shall serve for a term of 4 years each, except
6that any person chosen to fill a vacancy shall be appointed
7only for the unexpired term of the Board member whom the person
8he or she shall succeed. Upon the expiration of this term of
9office, a Board member shall continue to serve until a
10successor is appointed and qualified. No member shall serve
11more than 2 consecutive 4-year terms.
12    (3) The membership of the Board should represent racial
13and cultural diversity and reasonably reflect representation
14from different geographic areas of Illinois.
15    (4) The Secretary may terminate the appointment of any
16member for cause.
17    (5) The Secretary may consider the recommendation of the
18Board on all matters and questions relating to this Act, such
19as: (i) matters relating to continuing education, including
20the number of hours necessary for license renewal, waivers for
21those unable to meet such requirements, and acceptable course
22content and (ii) rules for administration of this Act.
23    (6) (Blank).
24    (7) (Blank).
25    (8) The Board shall annually elect one of its members as
26chairperson and one as vice chairperson.



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1    (9) Members of the Board shall be reimbursed for all
2legitimate, necessary, and authorized expenses.
3    (10) A majority of the Board members currently appointed
4shall constitute a quorum. A vacancy in the membership of the
5Board shall not impair the right of a quorum to perform all of
6the duties of the Board.
7    (11) Members of the Board shall have no liability in an
8action based upon a disciplinary proceeding or other activity
9performed in good faith as a member of the Board.
10(Source: P.A. 100-414, eff. 8-25-17.)
11    (225 ILCS 20/8.2)
12    (Section scheduled to be repealed on January 1, 2028)
13    Sec. 8.2. Examination alternative.
14    (a) An applicant who, on or after January 1, 2019 the
15effective date of this amendatory Act of the 103rd General
16Assembly or within 5 years before the effective date of this
17amendatory Act of the 103rd General Assembly, has taken but
18has not successfully completed an examination to ascertain the
19qualifications and fitness of candidates for a license to
20engage in the independent practice of clinical social work may
21use an examination alternative to allow the Department to
22ascertain the qualifications and fitness of candidates for a
23license to engage in the independent practice of clinical
24social work.
25    (b) The examination alternative shall consist of at least



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13,000 hours of supervised professional experience that is
2obtained within the 10 calendar years immediately preceding
3the date of application and after the degree is obtained and
4between the time period starting 10 years before the date of
5application and ending 3 years after the date of application
6as established by rule. If no supervision by a licensed
7clinical social worker is available, then supervised
8professional experience may include supervision by other
9appropriate disciplines as defined by rule.
10    (c) The examination alternative supervised professional
11experience shall be in addition to any other supervised
12clinical professional experience required for licensure.
13    (d) Beginning January 1, 2026, an applicant acquiring the
14examination alternative supervised professional experience
15must be a licensed social worker or licensed in this State for
16the practice of school social work prior to acquiring the
17supervised professional experience.
18(Source: P.A. 103-433, eff. 1-1-24.)
19    (225 ILCS 20/10)  (from Ch. 111, par. 6360)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 10. License restrictions and limitations.
22    (a) No person shall, without a currently valid license as
23a social worker issued by the Department: (i) in any manner
24claim to be hold himself or herself out to the public as a
25social worker under this Act; (ii) use the title "social



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1worker" or "licensed social worker"; or (iii) offer to render
2social work services if the words "social work" or "licensed
3social worker" are used to describe the person offering to
4render or rendering the services or to describe the services
5rendered or offered to be rendered.
6    (b) No person shall, without a currently valid license as
7a clinical social worker issued by the Department: (i) in any
8manner claim to be hold himself or herself out to the public as
9a clinical social worker or licensed clinical social worker
10under this Act; (ii) use the title "clinical social worker" or
11"licensed clinical social worker"; or (iii) offer to render
12clinical social work services if the words "licensed clinical
13social worker" or "clinical social work" are used to describe
14the person to render or rendering the services or to describe
15the services rendered or offered to be rendered.
16    (c) Licensed social workers may not engage in independent
17practice of clinical social work without a clinical social
18worker license. In independent practice, a licensed social
19worker shall practice at all times under the order, control,
20and full professional responsibility of a licensed clinical
21social worker, a licensed clinical psychologist, a licensed
22clinical professional counselor, a licensed marriage and
23family therapist, or a psychiatrist, as defined in Section
241-121 of the Mental Health and Developmental Disabilities
26    (d) No business organization shall provide, attempt to



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1provide, or offer to provide social work or clinical social
2work services unless every member, shareholder, partner,
3director, officer, holder of any other ownership interest, and
4employee who renders social work or clinical social work
5services holds a currently valid license issued under this
6Act. No business shall be created that (1) has a stated purpose
7that includes social work or clinical social work, or (2)
8provides, attempts to provide, or offers to provide social
9work or clinical social work services unless it is organized
10under the Professional Service Corporation Act, the Medical
11Corporation Act, or the Professional Limited Liability Company
13    (e) Nothing in this Act shall preclude individuals
14licensed under this Act from practicing directly or indirectly
15for a physician licensed to practice medicine in all its
16branches under the Medical Practice Act of 1987 or for any
17legal entity as provided under subsection (c) of Section 22.2
18of the Medical Practice Act of 1987.
19    (f) Nothing in this Act shall preclude individuals
20licensed under this Act from practicing directly or indirectly
21for any hospital licensed under the Hospital Licensing Act or
22any hospital affiliate as defined in Section 10.8 of the
23Hospital Licensing Act and any hospital authorized under the
24University of Illinois Hospital Act.
25(Source: P.A. 99-227, eff. 8-3-15; 100-414, eff. 8-25-17.)



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1    (225 ILCS 20/10.5)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 10.5. Unlicensed practice; violation; civil penalty.
4    (a) Any person who practices, offers to practice, attempts
5to practice, or claims holds himself or herself out to
6practice as a clinical social worker or social worker without
7being licensed or exempt under this Act shall, in addition to
8any other penalty provided by law, pay a civil penalty to the
9Department in an amount not to exceed $10,000 for each
10offense, as determined by the Department. The civil penalty
11shall be assessed by the Department after a hearing is held in
12accordance with the provisions set forth in this Act regarding
13the provision of a hearing for the discipline of a licensee.
14    (b) The Department may investigate any actual, alleged, or
15suspected unlicensed activity.
16    (c) The civil penalty shall be paid within 60 days after
17the effective date of the order imposing the civil penalty.
18The order shall constitute a judgment and may be filed and
19execution had thereon in the same manner as any judgment from
20any court of record.
21(Source: P.A. 95-687, eff. 10-23-07.)
22    (225 ILCS 20/11)  (from Ch. 111, par. 6361)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 11. Licenses; renewal; restoration; person in
25military service; inactive status.



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1    (a) The expiration date and renewal period for each
2license issued under this Act shall be set by rule. The
3licensee may renew a license during the 60-day period
4preceding its expiration date by paying the required fee and
5by demonstrating compliance with any continuing education
6requirements. The Department shall adopt rules establishing
7minimum requirements of continuing education and means for
8verification of the completion of the continuing education
9requirements. The Department may, by rule, specify
10circumstances under which the continuing education
11requirements may be waived.
12    (b) Any person who has permitted a license to expire or who
13has a license on inactive status may have it restored by
14submitting an application to the Department and filing proof
15of fitness, as defined by rule, to have the license restored,
16including, if appropriate, evidence which is satisfactory to
17the Department certifying the active practice of clinical
18social work or social work in another jurisdiction and by
19paying the required fee.
20    (b-5) If the person has not maintained an active practice
21in another jurisdiction which is satisfactory to the
22Department, the Department shall determine the person's
23fitness to resume active status. The Department may also
24require the person to complete a specific period of evaluated
25clinical social work or social work experience and may require
26successful completion of an examination for clinical social



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2    (b-7) Notwithstanding any other provision of this Act, any
3person whose license expired while on active duty with the
4armed forces of the United States, while called into service
5or training with the State Militia or in training or education
6under the supervision of the United States government prior to
7induction into the military service may have the person's his
8or her license restored without paying any renewal fees if,
9within 2 years after the honorable termination of that
10service, training or education, except under conditions other
11than honorable, the Department is furnished with satisfactory
12evidence that the person has been so engaged and that the
13service, training or education has been so terminated.
14    (c) A license to practice shall not be denied any
15applicant because of the applicant's race, religion, creed,
16national origin, political beliefs or activities, age, sex,
17sexual orientation, or physical impairment.
18    (d) (Blank).
19    (e) (Blank).
20    (f) (Blank).
21    (g) The Department shall indicate on each license the
22academic degree of the licensee.
23    (h) Notwithstanding any other provision of law, the
24following requirements for restoration of an inactive or
25expired license of 5 years or less as set forth in subsections
26(b) and (b-5) are suspended for any licensed clinical social



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1worker who has had no disciplinary action taken against the
2licensed clinical social worker's his or her license in this
3State or in any other jurisdiction during the entire period of
4licensure: proof of fitness, certification of active practice
5in another jurisdiction, and the payment of a fee or renewal
6fee. An individual may not restore the individual's his or her
7license in accordance with this subsection more than once.
8(Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22.)
9    (225 ILCS 20/12.5)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 12.5. Endorsement. The Department may issue a license
12as a clinical social worker or as a social worker, without the
13required examination, to an applicant licensed under the laws
14of another jurisdiction if the requirements for licensure in
15that jurisdiction are, on the date of licensure, substantially
16equivalent to the requirements of this Act or to any person
17who, at the time of the person's his or her licensure,
18possessed individual qualifications that were substantially
19equivalent to the requirements then in force in this State. An
20applicant under this Section shall pay the required fees.
21    An individual applying for licensure as a clinical social
22worker who has been licensed at the independent level in
23another United States jurisdiction for 5 consecutive years
24without discipline is not required to submit proof of
25completion of the education and supervised clinical



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1professional experience required in paragraph (3) of Section
29. Individuals with 5 consecutive years of experience must
3submit certified verification of licensure from the
4jurisdiction in which the applicant practiced and must comply
5with all other licensing requirements and pay all required
7    If the accuracy of any submitted documentation or the
8relevance or sufficiency of the course work or experience is
9questioned by the Department or the Board because of a lack of
10information, discrepancies or conflicts in information given,
11or a need for clarification, the applicant seeking licensure
12may be required to provide additional information.
13    An applicant has 3 years from the date of application to
14complete the application process. If the process has not been
15completed within 3 years, the application shall be denied, the
16fee shall be forfeited, and the applicant must reapply and
17meet the requirements in effect at the time of reapplication.
18(Source: P.A. 102-1053, eff. 6-10-22.)
19    (225 ILCS 20/14)  (from Ch. 111, par. 6364)
20    (Section scheduled to be repealed on January 1, 2028)
21    Sec. 14. Checks or order to Department dishonored because
22of insufficient funds. Any person who delivers a check or
23other payment to the Department that is returned to the
24Department unpaid by the financial institution upon which it
25is drawn shall pay to the Department, in addition to the amount



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1already owed to the Department, a fine of $50. The fines
2imposed by this Section are in addition to any other
3discipline provided under this Act for unlicensed practice or
4practice on a nonrenewed license. The Department shall notify
5the person that payment of fees and fines shall be paid to the
6Department by certified check or money order within 30
7calendar days of the notification. If, after the expiration of
830 days from the date of the notification, the person has
9failed to submit the necessary remittance, the Department
10shall automatically terminate the license or deny the
11application, without hearing. If, after termination or denial,
12the person seeks a license, then the person he or she shall
13apply to the Department for restoration or issuance of the
14license and pay all fees and fines due to the Department. The
15Department may establish a fee for the processing of an
16application for restoration of a license to pay all expenses
17of processing this application. The Secretary may waive the
18fines due under this Section in individual cases where the
19Secretary finds that the fines would be unreasonable or
20unnecessarily burdensome.
21(Source: P.A. 100-414, eff. 8-25-17.)
22    (225 ILCS 20/17)  (from Ch. 111, par. 6367)
23    (Section scheduled to be repealed on January 1, 2028)
24    Sec. 17. Advertising.
25    (A) Persons licensed under this Act may advertise the



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1availability of their professional services as permitted by
2law, provided that such advertising is true and not
3misleading. Representing that social work services or clinical
4social work services are used or made available by individuals
5who are not licensed under the provisions of this Act is deemed
6to be false and misleading and is subject to the provisions of
7Section 35 of this Act.
8    (B) A licensee shall include in every advertisement for
9services regulated under this Act the licensee's his or her
10title as it appears on the license or the initials authorized
11under this Act.
12(Source: P.A. 91-310, eff. 1-1-00.)
13    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 19. Grounds for disciplinary action.
16    (1) The Department may refuse to issue or renew a license,
17or may suspend, revoke, place on probation, reprimand, or take
18any other disciplinary or non-disciplinary action deemed
19appropriate by the Department, including the imposition of
20fines not to exceed $10,000 for each violation, with regard to
21any license issued under the provisions of this Act for any one
22or a combination of the following grounds:
23        (a) material misstatements in furnishing information
24    to the Department or to any other State agency or in
25    furnishing information to any insurance company with



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1    respect to a claim on behalf of a licensee or a patient;
2        (b) violations or negligent or intentional disregard
3    of this Act, or any of the rules promulgated hereunder;
4        (c) conviction of or entry of a plea of guilty or nolo
5    contendere, finding of guilt, jury verdict, or entry of
6    judgment or sentencing, including, but not limited to,
7    convictions, preceding sentences of supervision,
8    conditional discharge, or first offender probation, under
9    the laws of any jurisdiction of the United States that is
10    (i) a felony or (ii) a misdemeanor, an essential element
11    of which is dishonesty, or that is directly related to the
12    practice of the clinical social work or social work
13    professions;
14        (d) fraud or misrepresentation in applying for or
15    procuring a license under this Act or in connection with
16    applying for renewal or restoration of a license under
17    this Act;
18        (e) professional incompetence;
19        (f) gross negligence in practice under this Act;
20        (g) aiding or assisting another person in violating
21    any provision of this Act or its rules;
22        (h) failing to provide information within 60 days in
23    response to a written request made by the Department;
24        (i) engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud or harm the public as defined by the rules of the



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1    Department, or violating the rules of professional conduct
2    adopted by the Department;
3        (j) habitual or excessive use or abuse of drugs
4    defined in law as controlled substances, of alcohol, or of
5    any other substances that results in the inability to
6    practice with reasonable judgment, skill, or safety;
7        (k) adverse action taken by another state or
8    jurisdiction, if at least one of the grounds for the
9    discipline is the same or substantially equivalent to
10    those set forth in this Section;
11        (l) directly or indirectly giving to or receiving from
12    any person, firm, corporation, partnership, or association
13    any fee, commission, rebate or other form of compensation
14    for any professional service not actually rendered.
15    Nothing in this paragraph (l) affects any bona fide
16    independent contractor or employment arrangements among
17    health care professionals, health facilities, health care
18    providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this
23    Act. Nothing in this paragraph (l) shall be construed to
24    require an employment arrangement to receive professional
25    fees for services rendered;
26        (m) a finding by the Department that the licensee,



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1    after having the license placed on probationary status,
2    has violated the terms of probation or failed to comply
3    with such terms;
4        (n) abandonment, without cause, of a client;
5        (o) willfully making or filing false records or
6    reports relating to a licensee's practice, including, but
7    not limited to, false records filed with Federal or State
8    agencies or departments;
9        (p) willfully failing to report an instance of
10    suspected child abuse or neglect as required by the Abused
11    and Neglected Child Reporting Act;
12        (q) being named as a perpetrator in an indicated
13    report by the Department of Children and Family Services
14    under the Abused and Neglected Child Reporting Act, and
15    upon proof by clear and convincing evidence that the
16    licensee has caused a child to be an abused child or
17    neglected child as defined in the Abused and Neglected
18    Child Reporting Act;
19        (r) physical illness, 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    skills that results in the inability to practice the
23    profession with reasonable judgment, skill or safety;
24        (s) solicitation of professional services by using
25    false or misleading advertising;
26        (t) violation of the Health Care Worker Self-Referral



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1    Act;
2        (u) willfully failing to report an instance of
3    suspected abuse, neglect, financial exploitation, or
4    self-neglect of an eligible adult as defined in and
5    required by the Adult Protective Services Act; or
6        (v) being named as an abuser in a verified report by
7    the Department on Aging under the Adult Protective
8    Services Act, and upon proof by clear and convincing
9    evidence that the licensee abused, neglected, or
10    financially exploited an eligible adult as defined in the
11    Adult Protective Services Act.
12    (2) (Blank).
13    (3) The determination by a court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code, will result in an automatic suspension of the licensee's
17his license. Such suspension will end upon a finding by a court
18that the licensee is no longer subject to involuntary
19admission or judicial admission and issues an order so finding
20and discharging the patient, and upon the recommendation of
21the Board to the Secretary that the licensee be allowed to
22resume professional practice.
23    (4) The Department shall refuse to issue or renew or may
24suspend the license of a person who (i) fails to file a return,
25pay the tax, penalty, or interest shown in a filed return, or
26pay any final assessment of tax, penalty, or interest, as



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1required by any tax Act administered by the Department of
2Revenue, until the requirements of the tax Act are satisfied
3or (ii) has failed to pay any court-ordered child support as
4determined by a court order or by referral from the Department
5of Healthcare and Family Services.
6    (4.5) The Department shall not revoke, suspend, summarily
7suspend, place on prohibition, reprimand, refuse to issue or
8renew, or take any other disciplinary or non-disciplinary
9action against a license or permit issued under this Act based
10solely upon the licensed clinical social worker authorizing,
11recommending, aiding, assisting, referring for, or otherwise
12participating in any health care service, so long as the care
13was not unlawful under the laws of this State, regardless of
14whether the patient was a resident of this State or another
16    (4.10) The Department shall not revoke, suspend, summarily
17suspend, place on prohibition, reprimand, refuse to issue or
18renew, or take any other disciplinary or non-disciplinary
19action against the license or permit issued under this Act to
20practice as a licensed clinical social worker based upon the
21licensed clinical social worker's license being revoked or
22suspended, or the licensed clinical social worker being
23otherwise disciplined by any other state, if that revocation,
24suspension, or other form of discipline was based solely on
25the licensed clinical social worker violating another state's
26laws prohibiting the provision of, authorization of,



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1recommendation of, aiding or assisting in, referring for, or
2participation in any health care service if that health care
3service as provided would not have been unlawful under the
4laws of this State and is consistent with the standards of
5conduct for a licensed clinical social worker practicing in
7    (4.15) The conduct specified in subsections (4.5) and
8(4.10) shall not constitute grounds for suspension under
9Section 32.
10    (4.20) An applicant seeking licensure, certification, or
11authorization pursuant to this Act who has been subject to
12disciplinary action by a duly authorized professional
13disciplinary agency of another jurisdiction solely on the
14basis of having authorized, recommended, aided, assisted,
15referred for, or otherwise participated in health care shall
16not be denied such licensure, certification, or authorization,
17unless the Department determines that such action would have
18constituted professional misconduct in this State; however,
19nothing in this Section shall be construed as prohibiting the
20Department from evaluating the conduct of such applicant and
21making a determination regarding the licensure, certification,
22or authorization to practice a profession under this Act.
23    (5)(a) In enforcing this Section, the Department or Board,
24upon a showing of a possible violation, may compel a person
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical



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1examination, or both, which may include a substance abuse or
2sexual offender evaluation, as required by and at the expense
3of the Department.
4    (b) The Department shall specifically designate the
5examining physician licensed to practice medicine in all of
6its branches or, if applicable, the multidisciplinary team
7involved in providing the mental or physical examination or
8both. The multidisciplinary team shall be led by a physician
9licensed to practice medicine in all of its branches and may
10consist of one or more or a combination of physicians licensed
11to practice medicine in all of its branches, licensed clinical
12psychologists, licensed clinical social workers, licensed
13clinical professional counselors, and other professional and
14administrative staff. Any examining physician or member of the
15multidisciplinary team may require any person ordered to
16submit to an examination pursuant to this Section to submit to
17any additional supplemental testing deemed necessary to
18complete any examination or evaluation process, including, but
19not limited to, blood testing, urinalysis, psychological
20testing, or neuropsychological testing.
21    (c) The Board or the Department may order the examining
22physician or any member of the multidisciplinary team to
23present testimony concerning this mental or physical
24examination of the licensee or applicant. No information,
25report, record, or other documents in any way related to the
26examination shall be excluded by reason of any common law or



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1statutory privilege relating to communications between the
2licensee or applicant and the examining physician or any
3member of the multidisciplinary team. No authorization is
4necessary from the licensee or applicant ordered to undergo an
5examination for the examining physician or any member of the
6multidisciplinary team to provide information, reports,
7records, or other documents or to provide any testimony
8regarding the examination and evaluation.
9    (d) The person to be examined may have, at the person's his
10or her own expense, another physician of the person's his or
11her choice present during all aspects of the examination.
12However, that physician shall be present only to observe and
13may not interfere in any way with the examination.
14    (e) Failure of any person to submit to a mental or physical
15examination without reasonable cause, when ordered, shall
16result in an automatic suspension of the person's his or her
17license until the person submits to the examination.
18    (f) If the Department or Board finds a person unable to
19practice because of the reasons set forth in this Section, the
20Department or Board may require that person to submit to care,
21counseling, or treatment by physicians approved or designated
22by the Department or Board, as a condition, term, or
23restriction for continued, reinstated, or renewed licensure to
24practice; or, in lieu of care, counseling or treatment, the
25Department may file, or the Board may recommend to the
26Department to file, a complaint to immediately suspend,



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1revoke, or otherwise discipline the license of the person. Any
2person whose license was granted, continued, reinstated,
3renewed, disciplined or supervised subject to such terms,
4conditions or restrictions, and who fails to comply with such
5terms, conditions, or restrictions, shall be referred to the
6Secretary for a determination as to whether the person's
7license shall be person shall have his or her license
8suspended immediately, pending a hearing by the Department.
9    (g) All fines imposed shall be paid within 60 days after
10the effective date of the order imposing the fine or in
11accordance with the terms set forth in the order imposing the
13    In instances in which the Secretary immediately suspends a
14person's license under this Section, a hearing on that
15person's license must be convened by the Department within 30
16days after the suspension and completed without appreciable
17delay. The Department and Board shall have the authority to
18review the subject person's record of treatment and counseling
19regarding the impairment, to the extent permitted by
20applicable federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    A person licensed under this Act and affected under this
23Section shall be afforded an opportunity to demonstrate to the
24Department or Board that the person he or she can resume
25practice in compliance with acceptable and prevailing
26standards under the provisions of the person's his or her



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2    (h) The Department may adopt rules to implement the
3changes made by this amendatory Act of the 102nd General
5(Source: P.A. 102-1117, eff. 1-13-23.)
6    (225 ILCS 20/20)  (from Ch. 111, par. 6370)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 20. Violations - Injunction - Cease and desist order.
9    1. If any person violates the provisions of this Act, the
10Secretary may, in the name of the People of the State of
11Illinois, through the Attorney General, petition for an order
12enjoining such violation or for an order enforcing compliance
13with this Act. Upon the filing of a verified petition, the
14court with appropriate jurisdiction may issue a temporary
15restraining order without notice or bond, and may
16preliminarily and permanently enjoin such violation. If it is
17established that such person has violated or is violating the
18injunction, the court may punish the offender for contempt of
19court. Proceedings under this Section shall be in addition to
20all other remedies and penalties provided by this Act.
21    2. If any person claims to be shall hold herself or himself
22out as a licensed clinical social worker or licensed social
23worker and is not licensed under this Act, then any licensed
24clinical social worker, licensed social worker, interested
25party or any person injured thereby may petition for relief as



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1provided in subsection (1) of this Section.
2    3. Whenever, in the opinion of the Department, a person
3violates any provision of this Act, the Department may issue a
4rule to show cause why an order to cease and desist should not
5be entered against such person. The rule shall clearly set
6forth the grounds relied upon by the Department and shall
7allow at least 7 days from the date of the rule to file an
8answer satisfactory to the Department. Failure to answer to
9the satisfaction of the Department shall cause an order to
10cease and desist to be issued.
11(Source: P.A. 95-687, eff. 10-23-07.)
12    (225 ILCS 20/21)  (from Ch. 111, par. 6371)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 21. Investigations; notice and hearing.
15    (a) The Department may investigate the actions of any
16applicant or of any person holding or claiming to hold a
17license under this Act.
18    (b) The Department shall, before disciplining an applicant
19or licensee, at least 30 days prior to the date set for the
20hearing: (i) notify, in writing, the accused of the charges
21made and the time and place for the hearing on the charges,
22(ii) direct the applicant or licensee him or her to file a
23written answer to the charges under oath within 20 days after
24the service of the notice, and (iii) inform the applicant or
25licensee that failure to file an answer will result in a



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1default being entered against the applicant or licensee.
2    (c) Written or electronic notice of the hearing , and any
3notice in a the subsequent proceeding, may be served by
4personal delivery, by email to the applicant's or licensee's
5email address of record, or by mail to the applicant's or
6licensee's address of record. applicant or licensee at his or
7her address of record or email address of record.
8    (d) At the time and place fixed in the notice, the Board or
9hearing officer appointed by the Secretary shall proceed to
10hear the charges and the parties or their counsel shall be
11accorded ample opportunity to present any statements,
12testimony, evidence and argument as may be pertinent to the
13charges or to their defense. The Board or hearing officer may
14continue the hearing from time to time.
15    (e) In case the person, after receiving the notice, fails
16to file an answer, the person's his or her license may, in the
17discretion of the Secretary, having first received the
18recommendation of the Board, be suspended, revoked, or placed
19on probationary status, or be subject to whatever disciplinary
20action the Secretary considers proper, including limiting the
21scope, nature, or extent of the person's practice or the
22imposition of a fine, without hearing, if the act or acts
23charged constitute sufficient grounds for that action under
24this Act.
25(Source: P.A. 100-414, eff. 8-25-17.)



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1    (225 ILCS 20/28)  (from Ch. 111, par. 6378)
2    (Section scheduled to be repealed on January 1, 2028)
3    Sec. 28. Appointment of a hearing officer. Notwithstanding
4any other provision of this Act, the Secretary has the
5authority to appoint any attorney duly licensed to practice
6law in the State of Illinois to serve as the hearing officer in
7any action for refusal to issue or renew a license or to
8discipline a licensee. The hearing officer shall have full
9authority to conduct the hearing. The hearing officer shall
10report his or her findings of fact, conclusions of law,
11recommendations to the Board and to the Secretary.
12(Source: P.A. 100-414, eff. 8-25-17.)
13    (225 ILCS 20/30)  (from Ch. 111, par. 6380)
14    (Section scheduled to be repealed on January 1, 2028)
15    Sec. 30. Restoration. At any time after the successful
16completion of a term of probation, suspension, or revocation
17of any license, the Department may restore the license to the
18licensee upon the written recommendation of the Board unless
19after an investigation and hearing the Board or Department
20determines that restoration is not in the public interest.
21Where circumstances of suspension or revocation so indicate,
22the Department may require an examination of the licensee
23prior to restoring the licensee's his or her license. No
24person whose license has been revoked as authorized in this
25Act may apply for restoration of that license or permit until



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1such time as provided for in the Civil Administrative Code of
3(Source: P.A. 100-414, eff. 8-25-17.)
4    (225 ILCS 20/31)  (from Ch. 111, par. 6381)
5    (Section scheduled to be repealed on January 1, 2028)
6    Sec. 31. Surrender of license. Upon the revocation or
7suspension of any license, the licensee shall immediately
8surrender the licensee's his or her license to the Department.
9If the licensee fails to do so, the Department shall have the
10right to seize the license.
11(Source: P.A. 100-414, eff. 8-25-17.)
12    (225 ILCS 20/32)  (from Ch. 111, par. 6382)
13    (Section scheduled to be repealed on January 1, 2028)
14    Sec. 32. Summary suspension of a license. The Secretary
15may summarily suspend the license of a licensed clinical
16social worker or licensed social worker without a hearing
17simultaneously with the institution of proceedings for a
18hearing provided for in this Act if the Secretary finds that
19evidence in the Secretary's his or her possession indicates
20that a licensee's continuation in practice would constitute an
21imminent danger to the public. In the event the Secretary
22summarily suspends such license without a hearing, a hearing
23by the Board or Department shall be held within 30 calendar
24days after the suspension has occurred.



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1(Source: P.A. 100-414, eff. 8-25-17.)
2    Section 10. The Good Samaritan Act is amended by changing
3Section 70 as follows:
4    (745 ILCS 49/70)
5    Sec. 70. Law enforcement officers, firemen, emergency
6medical technicians (EMTs) and first responders; exemption
7from civil liability for emergency care. Any law enforcement
8officer or fireman as defined in Section 2 of the Line of Duty
9Compensation Act; , any "emergency medical technician (EMT)"
10as defined in Section 3.50 of the Emergency Medical Services
11(EMS) Systems Act; any licensed clinical social worker or
12licensed social worker as defined in Section 3 of the Clinical
13Social Work and Social Work Practice Act; , and any "first
14responder" as defined in Section 3.60 of the Emergency Medical
15Services (EMS) Systems Act, who in good faith provides
16emergency care, including the administration of an opioid
17antagonist as defined in Section 5-23 of the Substance Use
18Disorder Act, without fee or compensation to any person shall
19not, as a result of his or her acts or omissions, except
20willful and wanton misconduct on the part of the person, in
21providing the care, be liable to a person to whom such care is
22provided for civil damages.
23(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)