Full Text of SB2297 94th General Assembly
SB2297eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| Section 4.17 and by adding Section 4.27 as follows:
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| (5 ILCS 80/4.17)
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| Sec. 4.17. Acts repealed on January 1, 2007. The following | 8 |
| are repealed on
January 1, 2007:
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| The Boiler and Pressure Vessel Repairer Regulation | 10 |
| Act.
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| The Structural Pest Control Act.
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| Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, VIIC, | 13 |
| XVII,
XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois | 14 |
| Insurance Code.
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| The Clinical Psychologist Licensing Act.
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| The Illinois Optometric Practice Act of 1987.
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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. 92-837, eff. 8-22-02.)
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| (5 ILCS 80/4.27 new) | 21 |
| Sec. 4.27. Act repealed on January 1, 2017. The following | 22 |
| Act is repealed on January 1, 2017: | 23 |
| The Clinical Psychologist Licensing Act. | 24 |
| Section 10. The Clinical Psychologist Licensing Act is | 25 |
| amended by changing Sections 2, 3, 7, 13, 15, 15.4, 16, 16.1, | 26 |
| 16.5, 17, 20, 21.4, 21.6, 25, 27, and 27.2 as follows:
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| (225 ILCS 15/2) (from Ch. 111, par. 5352)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 2. Definitions. As used in this Act:
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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
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| of Financial and Professional Regulation.
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| (3) "Board" means the Clinical Psychologists Licensing
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| and
Disciplinary
Board appointed by the Secretary
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| Director .
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| (4) "Person" means an individual, association, | 9 |
| partnership or corporation.
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| (5) "Clinical psychology" means the independent
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| evaluation, classification and treatment of mental, | 12 |
| emotional, behavioral
or nervous disorders or conditions, | 13 |
| developmental disabilities, alcoholism
and substance | 14 |
| abuse, disorders of habit or conduct, the psychological
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| aspects of physical illness. The practice of clinical | 16 |
| psychology includes
psychoeducational evaluation, therapy, | 17 |
| remediation and consultation, the
use of psychological and | 18 |
| neuropsychological testing, assessment,
psychotherapy, | 19 |
| psychoanalysis, hypnosis, biofeedback, and behavioral
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| modification when any of these are used for the purpose of | 21 |
| preventing or
eliminating psychopathology, or for the | 22 |
| amelioration of psychological
disorders of individuals or | 23 |
| groups. "Clinical psychology" does not include
the use of | 24 |
| hypnosis by unlicensed persons
pursuant to Section 3.
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| (6) A person represents himself to be a "clinical | 26 |
| psychologist" within
the meaning of this Act when he or she | 27 |
| holds himself out to the public by
any title or description | 28 |
| of services incorporating the words "psychological",
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| "psychologic", "psychologist", "psychology", or "clinical | 30 |
| psychologist" or
under such title or description offers to | 31 |
| render or renders clinical
psychological services as | 32 |
| defined in paragraph (7) of this Section to
individuals, | 33 |
| corporations, or the public for remuneration.
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| (7) "Clinical psychological services" refers to any | 35 |
| services under
paragraph (5) of this Section if the words | 36 |
| "psychological", "psychologic",
"psychologist", |
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| "psychology" or "clinical psychologist" are used to
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| describe such services by the person or
organization | 3 |
| offering to render or rendering them.
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| This Act shall not apply to persons lawfully carrying on | 5 |
| their particular
profession or business under any valid | 6 |
| existing regulatory Act of the State.
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| (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
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| (225 ILCS 15/3) (from Ch. 111, par. 5353)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 3. Necessity of license; corporations, partnerships, | 11 |
| and
associations ; display of license .
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| (a) No individual, partnership, association or corporation
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| shall, without a valid license as a clinical psychologist | 14 |
| issued by the
Department, in any manner hold himself or herself | 15 |
| out to the public as a
psychologist or clinical psychologist | 16 |
| under the provisions of this Act or
render or offer to render | 17 |
| clinical psychological services as defined in
paragraph 7 of | 18 |
| Section 2 of this Act; or attach the title "clinical
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| psychologist",
"psychologist"
or any other name or
designation | 20 |
| which would in any way imply that he or she is able to practice
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| as a
clinical
psychologist; or offer to render or render, to | 22 |
| individuals, corporations
or the public, clinical | 23 |
| psychological services as defined in paragraph 7 of
Section 2 | 24 |
| of this Act.
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| No person may engage in the practice of clinical | 26 |
| psychology, as defined in
paragraph (5) of Section 2 of this | 27 |
| Act, without a license granted under this
Act, except as
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| otherwise provided in this Act.
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| (b) No association or partnership shall be granted a | 30 |
| license unless every
member, partner, and employee of the | 31 |
| association or partnership who
renders clinical psychological | 32 |
| services holds
a currently valid license issued under this Act.
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| No license shall be issued by the Department to a corporation | 34 |
| that (i)
has a stated purpose that includes clinical | 35 |
| psychology, or (ii) practices or holds
itself out as available
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| to practice clinical psychology, unless it is organized under | 2 |
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Professional Service Corporation Act.
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| (c) Individuals, corporations, partnerships and | 4 |
| associations may employ
practicum
students, interns or | 5 |
| postdoctoral candidates seeking to fulfill
educational | 6 |
| requirements or the professional experience
requirements | 7 |
| needed to qualify for a license as a
clinical psychologist
to | 8 |
| assist in the rendering of services, provided that such | 9 |
| employees
function under the direct supervision, order, | 10 |
| control and full professional
responsibility of a licensed | 11 |
| clinical psychologist in the corporation,
partnership or | 12 |
| association. Nothing in this paragraph shall prohibit a
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| corporation, partnership or association from contracting with | 14 |
| a licensed
health care professional to provide services.
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| (d) Nothing in this Act shall prevent the employment, by a | 16 |
| clinical
psychologist, individual,
association, partnership or | 17 |
| a corporation furnishing clinical psychological services
for | 18 |
| remuneration, of persons not licensed as clinical | 19 |
| psychologists under
the provisions of this Act to perform | 20 |
| services in various capacities as
needed, provided that such | 21 |
| persons are not in any manner held out to the
public as | 22 |
| rendering clinical psychological services as defined in | 23 |
| paragraph
7 of Section 2 of this Act. Nothing contained in this | 24 |
| Act shall require any
hospital, clinic, home
health agency, | 25 |
| hospice, or other entity that provides health care services to
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| employ or to contract with a clinical psychologist licensed | 27 |
| under this Act to
perform any of the activities under paragraph | 28 |
| (5) of Section 2 of this Act.
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| (e) Nothing in this Act shall
be construed to limit the | 30 |
| services and use of official title on the part
of a person, not | 31 |
| licensed under the
provisions of this Act, in the employ of a | 32 |
| State, county or municipal
agency or other political | 33 |
| subdivision insofar that such services are a part of
the
duties | 34 |
| in his or her salaried position, and insofar that such services | 35 |
| are
performed solely on behalf of his or her employer.
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| Nothing contained in this Section shall be construed as |
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| permitting such
person to offer their services as psychologists | 2 |
| to any other persons and to
accept remuneration for such | 3 |
| psychological services other than as
specifically excepted | 4 |
| herein, unless they have been licensed under the
provisions of | 5 |
| this Act.
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| (f) Duly recognized members of any bonafide religious | 7 |
| denomination shall
not be restricted from functioning in their | 8 |
| ministerial capacity provided
they do not represent themselves | 9 |
| as being clinical psychologists or
providing clinical | 10 |
| psychological services.
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| (g) Nothing in this Act shall prohibit individuals not | 12 |
| licensed under
the provisions of this Act who work in self-help | 13 |
| groups or programs or
not-for-profit organizations from | 14 |
| providing services
in those groups, programs, or | 15 |
| organizations, provided that such persons
are not in any manner | 16 |
| held out to the public as rendering clinical
psychological | 17 |
| services as defined in paragraph 7 of Section 2 of this Act.
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| (h) Nothing in this Act shall be construed to prevent a | 19 |
| person from
practicing hypnosis without a license issued under | 20 |
| this Act provided that
the person (1) does not otherwise engage | 21 |
| in the practice of clinical
psychology
including, but not | 22 |
| limited to, the independent evaluation, classification, and
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| treatment of mental, emotional, behavioral, or nervous | 24 |
| disorders or conditions,
developmental disabilities, | 25 |
| alcoholism and substance abuse, disorders of habit
or conduct, | 26 |
| the psychological aspects of physical illness, (2) does not
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| otherwise engage in the practice of medicine including, but not | 28 |
| limited to, the
diagnosis or treatment of physical or mental | 29 |
| ailments or conditions, and (3)
does not
hold himself or | 30 |
| herself out to the public by a title or description stating or
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| implying
that the individual is a clinical psychologist or is | 32 |
| licensed to practice
clinical psychology.
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| (i) Every licensee under this Act shall prominently display | 34 |
| the license at the licensee's principal office, place of | 35 |
| business, or place of employment and, whenever requested by any | 36 |
| representative of the Department, must exhibit the license.
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| (Source: P.A. 89-702, eff. 7-1-97; 90-473, eff. 1-1-98.)
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| (225 ILCS 15/7) (from Ch. 111, par. 5357)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 7. Board. The Secretary
Director shall appoint a Board | 5 |
| that
shall serve in
an advisory capacity to the Secretary
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| Director .
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| The Board shall consist of 7 persons, 4 of whom are
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| licensed clinical
psychologists, and actively engaged in the | 9 |
| practice of clinical psychology,
2 of whom are licensed | 10 |
| clinical psychologists and are full time faculty
members of | 11 |
| accredited colleges or
universities who are engaged in training | 12 |
| clinical psychologists, and one of
whom is a public member who | 13 |
| is not a licensed health care provider. In
appointing members | 14 |
| of the Board, the Secretary
Director shall give due
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| consideration to the adequate representation of the various | 16 |
| fields of
health care psychology such as clinical psychology, | 17 |
| school psychology and
counseling psychology. In appointing | 18 |
| members of the Board,
the Secretary
Director
shall give due | 19 |
| consideration to recommendations by members of the
profession | 20 |
| of clinical psychology and by the State-wide organizations
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| representing the interests of clinical psychologists and | 22 |
| organizations
representing the interests of academic programs | 23 |
| as well as recommendations
by approved doctoral level | 24 |
| psychology programs in the State of Illinois.
The members shall | 25 |
| be appointed for a term of 4 years. No member shall be
eligible | 26 |
| to serve for more than 2 full terms. Any appointment to fill a
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| vacancy shall be for the unexpired portion of the term. A | 28 |
| member appointed
to fill a vacancy for an unexpired term for a | 29 |
| duration of 2 years or more may be reappointed for a maximum of | 30 |
| one term and a member appointed to fill a vacancy for an | 31 |
| unexpired term for a duration of less than 2 years may be | 32 |
| reappointed for a maximum of 2 terms. The Secretary
Director
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| may remove any member for cause at any time prior to
the | 34 |
| expiration of his or her term.
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| The Board shall annually elect one of its members as
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| chairperson and vice chairperson.
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| The members of the Board shall be reimbursed for all
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| authorized legitimate and
necessary expenses incurred in | 4 |
| attending the meetings of the Board.
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| The Secretary
Director shall give due consideration to all | 6 |
| recommendations of the
Board. In the event the Secretary
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| Director disagrees with or takes
action
contrary to the | 8 |
| recommendation of the Board, he or she
shall provide the
Board | 9 |
| with a written and specific explanation of his or
her actions.
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| A majority of the Board members currently appointed shall | 11 |
| constitute a
quorum. A vacancy in the membership of the Board | 12 |
| shall not impair the right of
a quorum to perform all of the | 13 |
| duties of the Board.
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| Members of the Board shall have no liability in any action | 15 |
| based upon any
disciplinary proceeding or other activity | 16 |
| performed in good faith as a member
of the Board.
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| The Secretary
Director may terminate the appointment of any | 18 |
| member for cause which
in the opinion of the Secretary
Director
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| reasonably justifies such termination.
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| (Source: P.A. 93-745, eff. 7-15-04.)
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| (225 ILCS 15/13) (from Ch. 111, par. 5363)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 13. License renewal; restoration. The expiration date | 24 |
| and renewal
period for each license
issued under this Act shall | 25 |
| be set by rule. Every holder of a license
under this Act may | 26 |
| renew such license during the 90-day period immediately
month
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| preceding the
expiration date thereof upon payment of the | 28 |
| required renewal fees.
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| A clinical psychologist who has permitted his or her | 30 |
| license to expire or
who
has had his or her license on inactive | 31 |
| status may have his or her
license restored
by
making | 32 |
| application to the Department and filing proof acceptable to | 33 |
| the
Department of his or her fitness to have his or her license | 34 |
| restored,
including evidence
certifying to active practice in | 35 |
| another jurisdiction satisfactory to the
Department and by |
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| paying the required restoration fee.
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| If the clinical psychologist has not maintained an active | 3 |
| practice in
another jurisdiction satisfactory to the | 4 |
| Department, the Board shall
determine, by an evaluation program | 5 |
| established by rule, his or her fitness
to
resume active status | 6 |
| and may require the clinical psychologist to complete
a period | 7 |
| of supervised professional experience and may require | 8 |
| successful
completion of an examination.
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| However, any clinical psychologist whose license expired | 10 |
| while he or she
was (1)
in Federal Service on active duty with | 11 |
| the Armed Forces of the United
States, or the State Militia | 12 |
| called into service or training, or (2) in
training or | 13 |
| education under the supervision of the United States
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| preliminary to induction into the military service, may have | 15 |
| his or her
license
renewed or restored without paying any | 16 |
| lapsed renewal fees if within 2
years after honorable | 17 |
| termination of such service, training or education he
or she | 18 |
| furnishes the Department with satisfactory evidence to the | 19 |
| effect
that he
or she has been so engaged and that his or her | 20 |
| service, training or
education has been
so terminated.
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| (Source: P.A. 89-702, eff. 7-1-97.)
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| (225 ILCS 15/15) (from Ch. 111, par. 5365)
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| (Section scheduled to be repealed on January 1, 2007)
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| Sec. 15. Disciplinary action; grounds. The Department may | 25 |
| refuse to
issue, refuse to renew, suspend,
or revoke any | 26 |
| license, or may place on probation, censure, reprimand, or
take | 27 |
| other disciplinary action deemed appropriate by the | 28 |
| Department,
including the imposition of fines not to exceed | 29 |
| $10,000
$5000 for each violation,
with regard to any license | 30 |
| issued under the provisions of this Act for any
one or a | 31 |
| combination of the following reasons:
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| (1) Conviction of , or entry of a plea of guilty or nolo | 33 |
| contendere to, any crime that is a felony under the laws of
the | 34 |
| United
States or any state or territory thereof or that is a | 35 |
| misdemeanor
of which an
essential element is dishonesty, or any |
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| crime that
is
directly
related to the practice of the | 2 |
| profession.
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| (2) Gross negligence in the rendering of clinical | 4 |
| psychological
services.
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| (3) Using fraud or making any misrepresentation in applying | 6 |
| for a license
or in passing the examination provided for in | 7 |
| this Act.
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| (4) Aiding or abetting or conspiring to aid or abet a | 9 |
| person, not a
clinical psychologist licensed under this Act, in | 10 |
| representing himself or
herself as
so licensed or in applying | 11 |
| for a license under this Act.
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| (5) Violation of any provision of this Act or the rules | 13 |
| promulgated
thereunder.
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| (6) Professional connection or association with any | 15 |
| person, firm,
association, partnership or corporation holding | 16 |
| himself, herself,
themselves, or
itself out in any manner | 17 |
| contrary to this Act.
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| (7) Unethical, unauthorized or unprofessional conduct as | 19 |
| defined by rule.
In establishing those rules, the Department | 20 |
| shall consider, though is not
bound by, the ethical standards | 21 |
| for psychologists promulgated by recognized
national | 22 |
| psychology associations.
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| (8) Aiding or assisting another person in violating any | 24 |
| provisions of this
Act or the rules promulgated thereunder.
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| (9) Failing to provide, within 60 days, information in | 26 |
| response to a
written request made by the Department.
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| (10) Habitual or excessive use or addiction to alcohol, | 28 |
| narcotics,
stimulants, or any other chemical agent or drug that | 29 |
| results in a
clinical
psychologist's inability to practice with | 30 |
| reasonable judgment, skill or
safety.
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| (11) Discipline by another state, territory, the District | 32 |
| of Columbia or
foreign country, if at least one of the grounds | 33 |
| for the discipline is the
same or substantially equivalent to | 34 |
| those set forth herein.
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| (12) Directly or indirectly giving or receiving from any | 36 |
| person, firm,
corporation, association or partnership any fee, |
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| commission, rebate or
other form of compensation for any | 2 |
| professional service not actually or
personally rendered.
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| (13) A finding by the Board that the licensee, after
having | 4 |
| his or her
license placed on probationary status has violated | 5 |
| the terms of
probation.
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| (14) Willfully making or filing false records or reports, | 7 |
| including but
not limited to, false records or reports filed | 8 |
| with State agencies or
departments.
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| (15) Physical illness, including but not limited to, | 10 |
| deterioration through
the aging process, mental illness or | 11 |
| disability that results in
the inability to practice the | 12 |
| profession
with reasonable judgment, skill and safety.
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| (16) Willfully failing to report an instance of suspected | 14 |
| child abuse or
neglect as required by the Abused and Neglected | 15 |
| Child Reporting Act.
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| (17) Being named as a perpetrator in an indicated report by | 17 |
| the Department
of Children and Family Services pursuant to the | 18 |
| Abused and Neglected Child
Reporting Act, and upon proof by | 19 |
| clear and convincing evidence that the
licensee has caused a | 20 |
| child to be an abused child or neglected child as defined
in | 21 |
| the Abused and Neglected Child Reporting Act.
| 22 |
| (18) Violation of the Health Care Worker Self-Referral Act.
| 23 |
| (19) Making a material misstatement in furnishing | 24 |
| information to the
Department, any other State or federal | 25 |
| agency, or any other entity.
| 26 |
| (20) Failing to report to the Department any adverse | 27 |
| judgment, settlement, or award arising from a liability claim | 28 |
| related to an act or conduct similar to an act or conduct that | 29 |
| would constitute grounds for action as set forth in this | 30 |
| Section. | 31 |
| (21) Failing to report to the Department any adverse final | 32 |
| action taken against a licensee or applicant by another | 33 |
| licensing jurisdiction, including any other state or territory | 34 |
| of the United States or any foreign state or country, or any | 35 |
| peer review body, health care institution, professional | 36 |
| society or association related to the profession, governmental |
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| agency, law enforcement agency, or court for an act or conduct | 2 |
| similar to an act or conduct that would constitute grounds for | 3 |
| disciplinary action as set forth in this Section.
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| The entry of an order by any circuit court establishing | 5 |
| that any person
holding a license under this Act is subject to | 6 |
| involuntary admission or
judicial admission as provided for in | 7 |
| the Mental Health and Developmental
Disabilities Code, | 8 |
| operates as an automatic suspension of that license. That
| 9 |
| person may have his or her license restored only upon the | 10 |
| determination by
a circuit
court that the patient is no longer | 11 |
| subject to involuntary admission or
judicial admission and the | 12 |
| issuance of an order so finding and discharging the
patient and | 13 |
| upon the Board's recommendation to the
Department that the
| 14 |
| license be restored. Where the circumstances so indicate, the | 15 |
| Board may
recommend to the Department that it require an | 16 |
| examination prior to restoring
any license so automatically | 17 |
| suspended.
| 18 |
| The Department may refuse to issue or may suspend the | 19 |
| license of any person
who fails to file a return, or to pay the | 20 |
| tax, penalty or interest shown in
a filed return, or to pay any | 21 |
| final assessment of the tax penalty or
interest, as required by | 22 |
| any tax Act administered by the Illinois
Department of Revenue, | 23 |
| until such time as the requirements of any such tax
Act are | 24 |
| satisfied.
| 25 |
| In enforcing this Section, the Board upon a showing of a | 26 |
| possible
violation may compel any person licensed to practice | 27 |
| under this Act, or
who has applied for licensure or | 28 |
| certification pursuant to this Act, to submit
to a mental or | 29 |
| physical examination, or both, as required by and at the | 30 |
| expense
of the Department. The examining physicians or clinical | 31 |
| psychologists
shall be those specifically designated by the | 32 |
| Board.
The Board or the Department may order the examining | 33 |
| physician or clinical
psychologist to present testimony | 34 |
| concerning this mental or physical
examination
of the licensee | 35 |
| or applicant. No information shall be excluded by reason of
any | 36 |
| common law or statutory privilege relating to communications |
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| between the
licensee or applicant and the examining physician | 2 |
| or clinical psychologist.
The person to be examined may have, | 3 |
| at his or her own expense, another
physician or clinical | 4 |
| psychologist of his or her choice present during all
aspects of | 5 |
| the examination. Failure of any person to submit to a mental or
| 6 |
| physical examination, when directed, shall be grounds for | 7 |
| suspension of a
license until the person submits to the | 8 |
| examination if the Board finds,
after notice and hearing, that | 9 |
| the refusal to submit to the examination was
without reasonable | 10 |
| cause.
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| If the Board finds a person unable to practice because of | 12 |
| the reasons
set forth in this Section, the Board may require | 13 |
| that person to submit to
care, counseling or treatment by | 14 |
| physicians or clinical psychologists approved
or designated by | 15 |
| the Board, as a condition, term, or restriction for continued,
| 16 |
| reinstated, or
renewed licensure to practice; or, in lieu of | 17 |
| care, counseling or treatment,
the
Board may recommend to the | 18 |
| Department to file a complaint to immediately
suspend, revoke | 19 |
| or otherwise discipline the license of the person.
Any person | 20 |
| whose
license was granted, continued, reinstated, renewed, | 21 |
| disciplined or supervised
subject to such terms, conditions or | 22 |
| restrictions, and who fails to comply with
such terms, | 23 |
| conditions or restrictions, shall be referred to the Secretary
| 24 |
| Director for a
determination as to whether the person shall | 25 |
| have his or her license
suspended immediately, pending a | 26 |
| hearing by the Board.
| 27 |
| In instances in which the Secretary
Director immediately | 28 |
| suspends a person's license
under this Section, a hearing on | 29 |
| that person's license must be convened by
the Board within 15 | 30 |
| days after the suspension and completed without appreciable
| 31 |
| delay.
The Board shall have the authority to review the subject | 32 |
| person's record of
treatment and counseling regarding the | 33 |
| impairment, to the extent permitted by
applicable federal | 34 |
| statutes and regulations safeguarding the confidentiality of
| 35 |
| medical records.
| 36 |
| A person licensed under this Act and affected under this |
|
|
|
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|
| 1 |
| Section shall
be
afforded an opportunity to demonstrate to the | 2 |
| Board that he or she can resume
practice in compliance with | 3 |
| acceptable and prevailing standards under the
provisions of his | 4 |
| or her license.
| 5 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 6 |
| (225 ILCS 15/15.4)
| 7 |
| (Section scheduled to be repealed on January 1, 2007)
| 8 |
| Sec. 15.4. Rehearing. Whenever the Secretary
Director is | 9 |
| satisfied that substantial
justice has not been done in a | 10 |
| hearing for revocation, suspension, refusal to
issue or renewal | 11 |
| of a license or to place on probation, censure or reprimand
a
| 12 |
| person licensed under the provisions of this Act, he or she may | 13 |
| order a
rehearing by the same or another hearing officer or | 14 |
| Board.
| 15 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 16 |
| (225 ILCS 15/16) (from Ch. 111, par. 5366)
| 17 |
| (Section scheduled to be repealed on January 1, 2007)
| 18 |
| Sec. 16. Investigations; notice; hearing. Licenses may be | 19 |
| refused,
revoked, or suspended in the manner
provided by this | 20 |
| Act and not otherwise. The Department may upon its own
motion | 21 |
| and shall upon the verified complaint in writing of any person
| 22 |
| setting forth facts that if proven would constitute grounds for
| 23 |
| refusal to issue,
suspend or revoke under this Act
investigate | 24 |
| the actions of any
person applying for, holding or claiming to | 25 |
| hold a license. The Department
shall, before refusing to issue, | 26 |
| renew, suspend or revoke any license or take
other disciplinary | 27 |
| action pursuant to Section 15 of this Act, and
at least 30 days | 28 |
| prior to the date set for the hearing, notify in
writing
the | 29 |
| applicant for or the holder of such license of any charges | 30 |
| made,
shall afford such accused person an opportunity to be | 31 |
| heard in person or by
counsel in reference thereto, and
direct | 32 |
| the applicant or licensee to file a written answer to the Board
| 33 |
| under oath within 20 days after the service of the notice and | 34 |
| inform the
applicant or licensee that failure to file an answer |
|
|
|
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| 1 |
| will result in default
being taken against the applicant or | 2 |
| licensee and that the license or
certificate may be
suspended, | 3 |
| revoked, placed on probationary status, or other disciplinary
| 4 |
| action may be taken, including limiting the scope, nature or | 5 |
| extent of
practice, as the Secretary
Director may deem proper. | 6 |
| Written notice may be served by
delivery of the same personally | 7 |
| to the accused person, or by mailing the
same by certified mail | 8 |
| to his or her last known place of residence or to
the place
of | 9 |
| business last theretofore specified by the accused person in | 10 |
| his or her
last
notification to the Department.
In case the | 11 |
| person fails to file an answer after receiving notice, his or
| 12 |
| her license or certificate may, in the discretion of the | 13 |
| Department, be
suspended, revoked, or placed on probationary | 14 |
| status, or the Department may
take whatever disciplinary action | 15 |
| deemed proper, including limiting the
scope, nature, or extent | 16 |
| of the person's practice or the imposition of a
fine, without a | 17 |
| hearing, if the act or acts charged constitute sufficient
| 18 |
| grounds for such action under this Act.
At the time and place | 19 |
| fixed in the notice,
the Board shall proceed to hearing of the | 20 |
| charges and both
the accused
person and the complainant shall | 21 |
| be accorded ample opportunity to present,
in person or by | 22 |
| counsel, any statements, testimony, evidence and arguments
as | 23 |
| may be pertinent to the charges or to their defense. The
Board | 24 |
| may continue such hearing from time to time. If the
Board
shall | 25 |
| not be sitting at the time and place fixed in the notice or at | 26 |
| the
time and place to which the hearing shall have been | 27 |
| continued, the
Department shall continue such hearing for a | 28 |
| period not to exceed 30 days.
| 29 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 30 |
| (225 ILCS 15/16.1)
| 31 |
| (Section scheduled to be repealed on January 1, 2007)
| 32 |
| Sec. 16.1. Appointment of hearing officer. Notwithstanding | 33 |
| any other
provision of this Act, the Secretary
Director shall | 34 |
| have
the authority to appoint any attorney duly licensed to | 35 |
| practice law in the
State of Illinois to serve as the hearing |
|
|
|
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LRB094 18618 RAS 53964 b |
|
| 1 |
| officer in any action for refusal
to issue, renew or discipline | 2 |
| a license. The hearing officer shall have
full authority to | 3 |
| conduct the hearing. The hearing officer shall report
his or | 4 |
| her findings of fact, conclusions of law, and recommendations | 5 |
| to
the Board and the Secretary
Director . The
Board shall have | 6 |
| 60 days after receipt of the
report to review the
report of the | 7 |
| hearing officer and to present its findings of fact,
| 8 |
| conclusions
of law and recommendations to the Secretary
| 9 |
| Director . If the Board
fails to
present its report within the | 10 |
| 60 day period, the Secretary
Director may
issue an
order based | 11 |
| on the report of the hearing officer. If the Secretary
Director
| 12 |
| disagrees with the recommendations of the Board or hearing | 13 |
| officer, the
Secretary
Director may issue an order in | 14 |
| contravention of the Board's report. The
Secretary
Director
| 15 |
| shall promptly provide a written explanation to the Board
on | 16 |
| any such disagreement.
| 17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 18 |
| (225 ILCS 15/16.5)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 16.5. Unlicensed practice; violation; civil penalty.
| 21 |
| (a) Any person who practices, offers to practice, attempts | 22 |
| to practice, or
holds oneself out to practice clinical | 23 |
| psychology without being licensed under
this Act shall, in
| 24 |
| addition to any other penalty provided by law, pay a civil | 25 |
| penalty to the
Department in an amount not to exceed $10,000
| 26 |
| $5,000 for each offense as determined by
the Department. The | 27 |
| civil penalty shall be assessed by the Department after a
| 28 |
| hearing is held in accordance with the provisions set forth in | 29 |
| this Act
regarding the provision of a hearing for the | 30 |
| discipline of a licensee.
| 31 |
| (b) The Department has the authority and power to | 32 |
| investigate any and all
unlicensed activity.
| 33 |
| (c) The civil penalty shall be paid within 60 days after | 34 |
| the effective date
of the order imposing the civil penalty. The | 35 |
| order shall constitute a judgment
and may be filed and |
|
|
|
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|
| 1 |
| execution had thereon in the same manner as any judgment
from | 2 |
| any court of record.
| 3 |
| (Source: P.A. 89-474, eff. 6-18-96.)
| 4 |
| (225 ILCS 15/17) (from Ch. 111, par. 5367)
| 5 |
| (Section scheduled to be repealed on January 1, 2007)
| 6 |
| Sec. 17. Subpoenas; depositions; oaths. The Department | 7 |
| shall have power
to subpoena and bring before
it any person and | 8 |
| to take testimony either orally or by
deposition, or both, with | 9 |
| the same fees and mileage and in the same manner
as prescribed | 10 |
| by law in judicial proceedings in civil cases in courts in
this | 11 |
| State.
| 12 |
| The Secretary
Director , the designated hearing officer and | 13 |
| any member of the
Board shall
each have power to administer | 14 |
| oaths to witnesses at any hearings which the
Department is | 15 |
| authorized to conduct and any other oaths authorized
in any Act | 16 |
| administered by the Department.
| 17 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 18 |
| (225 ILCS 15/20) (from Ch. 111, par. 5370)
| 19 |
| (Section scheduled to be repealed on January 1, 2007)
| 20 |
| Sec. 20. Report; motion for rehearing. The Board
shall | 21 |
| present to the Secretary
Director its
written
report of its | 22 |
| findings and recommendations. A copy of such report shall be
| 23 |
| served upon the applicant or licensee, either personally
or by | 24 |
| certified mail. Within 20
days after such service, the | 25 |
| applicant or licensee may
present to the Department a motion in | 26 |
| writing for a rehearing, that
shall specify
the particular | 27 |
| grounds for the rehearing. If no motion for
a rehearing is | 28 |
| filed, then upon the expiration of the time specified for
| 29 |
| filing such a motion, or if a motion for rehearing is denied, | 30 |
| then upon such
denial, the Secretary
Director may enter an | 31 |
| order in accordance with recommendations of
the Board, except | 32 |
| as provided in Section 16.1 of this Act. If the
applicant
or | 33 |
| licensee requests and pays
for a transcript of the record | 34 |
| within the
time for filing a motion for rehearing, the 20 day |
|
|
|
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LRB094 18618 RAS 53964 b |
|
| 1 |
| period within which a
motion may be filed shall commence upon | 2 |
| the delivery of the transcript.
| 3 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 4 |
| (225 ILCS 15/21.4)
| 5 |
| (Section scheduled to be repealed on January 1, 2007)
| 6 |
| Sec. 21.4. Order or certified copy; prima facie proof. An | 7 |
| order or certified copy thereof, over the seal of
the | 8 |
| Department and purporting to be signed by the Secretary
| 9 |
| Director , is prima facie
proof that:
| 10 |
| (1) the signature is the genuine signature of the | 11 |
| Secretary
Director ;
| 12 |
| (2) the Secretary
Director is duly appointed and | 13 |
| qualified; and
| 14 |
| (3) the Board and the members thereof are qualified to | 15 |
| act.
| 16 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 17 |
| (225 ILCS 15/21.6)
| 18 |
| (Section scheduled to be repealed on January 1, 2007)
| 19 |
| Sec. 21.6. Summary suspension of license. The Secretary
| 20 |
| Director may summarily
suspend the license of a clinical | 21 |
| psychologist without a hearing,
simultaneously with the | 22 |
| institution of proceedings for a hearing provided for
in | 23 |
| Section 16 of this Act, if the Secretary
Director finds that | 24 |
| evidence in the
possession of the Secretary
Director indicates | 25 |
| that the continuation of practice by the
clinical psychologist | 26 |
| would constitute an imminent danger to the public. In
the event | 27 |
| that the Secretary
Director summarily suspends the license of | 28 |
| an individual
without a hearing, a hearing must be held within | 29 |
| 30 days after the suspension
has occurred.
| 30 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 31 |
| (225 ILCS 15/25) (from Ch. 111, par. 5375)
| 32 |
| (Section scheduled to be repealed on January 1, 2007)
| 33 |
| Sec. 25. Returned checks; fines. Any person who delivers a |
|
|
|
SB2297 Engrossed |
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LRB094 18618 RAS 53964 b |
|
| 1 |
| check or other
payment to the Department that
is returned to | 2 |
| the Department unpaid by the financial institution upon
which | 3 |
| it is drawn shall pay to the Department, in addition to the | 4 |
| amount
already owed to the Department, a fine of $50. The fines | 5 |
| imposed by this Section are in addition
to any other discipline | 6 |
| provided under this Act for unlicensed
practice or practice on | 7 |
| a nonrenewed license. The Department shall notify
the person | 8 |
| that payment of fees and fines shall be paid to the Department
| 9 |
| by certified check or money order within 30 calendar days of | 10 |
| the
notification. If, after the expiration of 30 days from the | 11 |
| date of the
notification, the person has failed to submit the | 12 |
| necessary remittance, the
Department shall automatically | 13 |
| terminate the license or certificate or deny
the application, | 14 |
| without hearing. If, after termination or denial, the
person | 15 |
| seeks a license or certificate, he or she shall apply to the
| 16 |
| Department for restoration or issuance of the license or | 17 |
| certificate and
pay all fees and fines due to the Department. | 18 |
| The Department may establish
a fee for the processing of an | 19 |
| application for restoration of a license or
certificate to pay | 20 |
| all expenses of processing this application. The Secretary
| 21 |
| Director
may waive the fines due under this Section in | 22 |
| individual cases where the
Secretary
Director finds that the | 23 |
| fines would be unreasonable or unnecessarily
burdensome.
| 24 |
| (Source: P.A. 92-146, eff. 1-1-02.)
| 25 |
| (225 ILCS 15/27) (from Ch. 111, par. 5377)
| 26 |
| (Section scheduled to be repealed on January 1, 2007)
| 27 |
| Sec. 27. Injunctions. It is hereby declared to be a public | 28 |
| nuisance for
any person
to render or offer to render clinical | 29 |
| psychological services as defined in
Section 2 of this Act or | 30 |
| to represent himself as a clinical
psychologist or
that the | 31 |
| services he or she
renders are clinical psychological services | 32 |
| as defined in
Section 2 of this Act, without having in effect a
| 33 |
| currently valid license as defined in this Act. The Secretary
| 34 |
| Director , Attorney
General, or the State's
Attorney of the | 35 |
| county in which such nuisance has occurred may file
a complaint |
|
|
|
SB2297 Engrossed |
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LRB094 18618 RAS 53964 b |
|
| 1 |
| in the circuit court in the name of the People of the State of
| 2 |
| Illinois perpetually to enjoin such person from performing such | 3 |
| unlawful
acts. Upon the filing of a verified complaint in such | 4 |
| cause, the court, if
satisfied that such unlawful act has been | 5 |
| performed and may continue to be
performed, shall enter a | 6 |
| temporary restraining order or preliminary
injunction without | 7 |
| notice or bond enjoining the defendant from performing
such | 8 |
| unlawful act.
| 9 |
| If it is established that the defendant contrary to this | 10 |
| Act has been
rendering or offering to render clinical | 11 |
| psychological services as defined in
Section 2 of this Act or
| 12 |
| is engaging in or about to engage in representing himself as a | 13 |
| clinical
psychologist or
that the services he or she renders | 14 |
| are clinical psychological
services as defined in Section 2 of | 15 |
| this Act,
without having been issued a license or after his or | 16 |
| her license has been
suspended or revoked or after his or her | 17 |
| license has not been renewed, the
court,
may enter a judgment | 18 |
| perpetually enjoining such person from further
engaging in the | 19 |
| unlawful act. In case of violation of any injunction
entered | 20 |
| under this Section, the court, may summarily try and punish the
| 21 |
| offender for contempt of court. Such injunction proceedings | 22 |
| shall be in
addition to, and not in lieu of, all penalties and | 23 |
| other remedies provided
in this Act.
| 24 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 25 |
| (225 ILCS 15/27.2)
| 26 |
| (Section scheduled to be repealed on January 1, 2007)
| 27 |
| Sec. 27.2. Cease and desist order. If any person violates | 28 |
| the provisions
of this Act,
the Secretary
Director , in the name | 29 |
| of the People of the State of Illinois, through the
Attorney | 30 |
| General or the State's Attorney of the county in which the | 31 |
| violation
is
alleged to have occurred, may petition for an | 32 |
| order enjoining the violation or
for an order enforcing | 33 |
| compliance with this Act. Upon the filing of a verified
| 34 |
| petition, the court with appropriate jurisdiction may issue a | 35 |
| temporary
restraining order, without notice or bond, and may |
|
|
|
SB2297 Engrossed |
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|
| 1 |
| preliminarily and
permanently enjoin the violation. If it is | 2 |
| established that the person has
violated or is violating the | 3 |
| injunction, the court may punish the offender for
contempt of | 4 |
| court. Proceedings under this Section are in addition to, and | 5 |
| not
in lieu of, all other remedies and penalties provided by | 6 |
| this Act.
| 7 |
| Whenever, in the opinion of the Department, a person | 8 |
| violates any provision
of this Act, the Department may issue a | 9 |
| rule to show cause why an order to
cease and desist should not | 10 |
| be entered against that person. The rule shall
clearly set | 11 |
| forth the grounds relied upon by the Department and shall allow | 12 |
| at
least 7 days from the date of the rule to file an answer | 13 |
| satisfactory to the
Department. Failure to answer to the | 14 |
| satisfaction of the Department shall
cause an order to cease | 15 |
| and desist to be issued.
| 16 |
| (Source: P.A. 89-702, eff. 7-1-97.)
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
|
|