Full Text of HB2577 100th General Assembly
HB2577ham001 100TH GENERAL ASSEMBLY | Rep. Cynthia Soto Filed: 3/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2577
| 2 | | AMENDMENT NO. ______. Amend House Bill 2577 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. |
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| 1 | | The Pharmacy Practice Act. | 2 | | The Home Medical Equipment and Services Provider License | 3 | | Act. | 4 | | The Marriage and Family Therapy Licensing Act. | 5 | | The Nursing Home Administrators Licensing and Disciplinary | 6 | | Act. | 7 | | The Physician Assistant Practice Act of 1987. | 8 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 9 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 10 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 11 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 12 | | 96-328, eff. 8-11-09.) | 13 | | (5 ILCS 80/4.38 new) | 14 | | Sec. 4.38. Act repealed on January 1, 2028. The following | 15 | | Act is repealed on January 1, 2028: | 16 | | The Marriage and Family Therapy Licensing Act. | 17 | | Section 10. The Marriage and Family Therapy Licensing Act | 18 | | is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65, | 19 | | 70, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156, | 20 | | 165, and 170 and by adding Section 10.5 as follows:
| 21 | | (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 10. Definitions. As used in this Act:
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| 1 | | "Address of record" means the designated address recorded | 2 | | by the Department in the applicant's application file or the | 3 | | licensee's application file or license file maintained by the | 4 | | Department's licensure maintenance unit. It is the duty of the | 5 | | applicant or licensee to inform the Department of any change of | 6 | | address, and such changes must be made either through the | 7 | | Department's website or by contacting the Department's | 8 | | licensure maintenance unit.
| 9 | | "Advertise" means, but is not limited to, issuing or | 10 | | causing to
be distributed any card, sign or device to any | 11 | | person; or causing,
permitting or allowing any sign or marking | 12 | | on or in any building,
structure, newspaper, magazine or | 13 | | directory, or on radio or television; or
advertising by any | 14 | | other means designed to secure public attention.
| 15 | | "Approved program" means an approved comprehensive program | 16 | | of study in
marriage and family therapy in a regionally | 17 | | accredited educational institution
approved by the Department | 18 | | for the training
of marriage and family therapists.
| 19 | | "Associate licensed marriage and family therapist" means a | 20 | | person
to whom an associate licensed marriage and family | 21 | | therapist license has been issued
under this Act.
| 22 | | "Board" means the Illinois Marriage and Family Therapy | 23 | | Licensing and
Disciplinary Board.
| 24 | | "Department" means the Department of Financial and
| 25 | | Professional Regulation.
| 26 | | "Email address of record" means the designated email |
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| 1 | | address recorded by the Department in the applicant's | 2 | | application file or the licensee's license file, as maintained | 3 | | by the Department's licensure maintenance unit. | 4 | | "First qualifying degree" means the first master's or | 5 | | doctoral degree, as described in paragraph (1) of subsection | 6 | | (b) of Section 40, that an applicant for licensure received. | 7 | | "License" means that which is required to practice marriage | 8 | | and family
therapy under this Act, the qualifications for which | 9 | | include specific
education, acceptable experience and | 10 | | examination requirements.
| 11 | | "Licensed marriage and family therapist" means a person
to | 12 | | whom a
marriage and family therapist license has been issued | 13 | | under this Act.
| 14 | | "Marriage and family therapy" means the evaluation and | 15 | | treatment of
mental and emotional problems within the context | 16 | | of human relationships.
Marriage and family therapy involves | 17 | | the use of psychotherapeutic methods
to ameliorate | 18 | | interpersonal and intrapersonal conflict and to modify
| 19 | | perceptions, beliefs and behavior in areas of human life that | 20 | | include, but
are not limited to, premarriage, marriage, | 21 | | sexuality, family, divorce
adjustment, and parenting.
| 22 | | "Person" means any individual, firm, corporation, | 23 | | partnership,
organization, or body politic.
| 24 | | "Practice of marriage and family therapy" means the | 25 | | rendering of
marriage and family therapy services to | 26 | | individuals, couples, and families
as defined in this Section, |
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| 1 | | either singly or in groups, whether the
services are offered | 2 | | directly to the general public or through
organizations, either | 3 | | public or private, for a fee, monetary or otherwise.
| 4 | | "Secretary" means the Secretary of Financial and | 5 | | Professional Regulation.
| 6 | | "Title or description" means to hold oneself out as a | 7 | | licensed marriage
and family therapist or an associate licensed | 8 | | marriage and family therapist
to the public by means of stating | 9 | | on signs,
mailboxes, address plates, stationery, | 10 | | announcements, calling cards or
other instruments of | 11 | | professional identification.
| 12 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 13 | | (225 ILCS 55/10.5 new) | 14 | | Sec. 10.5. Address of record; email address of record. All | 15 | | applicants and licensees shall: | 16 | | (1) provide a valid address and email address to the | 17 | | Department, which shall serve as the address of record and | 18 | | email address of record, respectively, at the time of | 19 | | application for licensure or renewal of a license; and | 20 | | (2) inform the Department of any change of address of | 21 | | record or email address of record within 14 days after such | 22 | | change either through the Department's website or by | 23 | | contacting the Department's licensure maintenance unit.
| 24 | | (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 15. Exemptions.
| 3 | | (a) Nothing contained in this Act shall restrict any person | 4 | | not licensed
under this Act from performing marriage and family | 5 | | therapy if that person
does not represent himself or herself as | 6 | | a "licensed marriage and family
therapist" or an "associate | 7 | | licensed marriage and family therapist".
| 8 | | (b) Nothing in this Act shall be construed as permitting | 9 | | persons
licensed as marriage and family therapists and | 10 | | associate licensed marriage and family therapists to engage in | 11 | | any manner in the
practice of medicine as defined in the laws | 12 | | of this State.
| 13 | | (c) Nothing in this Act shall be construed to prevent | 14 | | qualified members
of other professional groups, including but | 15 | | not limited to
clinical psychologists, social workers, | 16 | | counselors, attorneys at law, or
psychiatric nurses, from | 17 | | performing or advertising that they perform the
work of a | 18 | | marriage and family therapist consistent with the laws of this
| 19 | | State, their training, and any code of ethics of their | 20 | | respective
professions, provided they do not represent | 21 | | themselves by any title or
description as a licensed marriage | 22 | | and family therapist or an associate
licensed marriage and | 23 | | family therapist.
| 24 | | (d) Nothing in this Act shall be construed to prevent any | 25 | | person from
the bona fide practice of the doctrines of an | 26 | | established church or
religious denomination if the person does |
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| 1 | | not hold himself or herself out
to be a licensed marriage and | 2 | | family therapist or an associate licensed
marriage and family | 3 | | therapist.
| 4 | | (e) Nothing in this Act shall prohibit self-help groups or | 5 | | programs or
not-for-profit organizations from providing | 6 | | services so long as these
groups, programs, or organizations do | 7 | | not hold themselves out as practicing
or being able to practice | 8 | | marriage and family therapy.
| 9 | | (f) This Act does not prohibit:
| 10 | | (1) A person from practicing marriage and family | 11 | | therapy as part of his
or her duties as an employee of a | 12 | | recognized academic institution, or a
federal, State, | 13 | | county, or local governmental institution or agency while
| 14 | | performing those duties for which he or she was employed by | 15 | | the
institution, agency or facility.
| 16 | | (2) A person from practicing marriage and family | 17 | | therapy as part of
his or her duties as an employee of a | 18 | | nonprofit organization consistent
with the laws of this | 19 | | State, his or her training, and any code of ethics of
his | 20 | | or her respective professions, provided the person does not | 21 | | represent
himself or herself as a "licensed marriage and | 22 | | family therapist" or an
"associate licensed marriage and | 23 | | family therapist".
| 24 | | (3) A person from practicing marriage and family | 25 | | therapy if the person
is obtaining experience for licensure | 26 | | as a marriage and family therapist,
provided the person is |
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| 1 | | designated by a title that clearly indicates
training | 2 | | status.
| 3 | | (4) A person licensed in this State under any other Act | 4 | | from engaging
the practice for which he or she is licensed.
| 5 | | (5) A person from practicing marriage and family | 6 | | therapy if the person
is a marriage and family therapist | 7 | | regulated under the laws of another
State, territory of the | 8 | | United States or country and who has applied in
writing to | 9 | | the Department, on forms prepared and furnished by the
| 10 | | Department, for licensing as a marriage and family | 11 | | therapist and who is
qualified to receive a license | 12 | | registration under Section 40 until the expiration of
6 | 13 | | months after the filing of the written application, the | 14 | | withdrawal of the
application, a notice of intent to deny | 15 | | the application, or the denial of
the application by the | 16 | | Department.
| 17 | | (Source: P.A. 91-362, eff. 1-1-00 .)
| 18 | | (225 ILCS 55/20) (from Ch. 111, par. 8351-20)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 20. Powers and duties of the Department. Subject to | 21 | | the
provisions of this Act, the Department shall exercise the | 22 | | following
functions, powers, and duties:
| 23 | | (a) Conduct or authorize examinations to ascertain the | 24 | | fitness and
qualifications of applicants for licensure and | 25 | | issue licenses to
those who are found to be fit and |
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| 1 | | qualified.
| 2 | | (b) Adopt Prescribe rules required for the | 3 | | administration of this Act, including, but not limited to, | 4 | | rules for a method of examination of
candidates and for | 5 | | determining approved graduate programs .
| 6 | | (b-5) Prescribe forms to be issued for the | 7 | | administration and enforcement of this Act rules for | 8 | | determining approved graduate programs and
prepare and | 9 | | maintain a list of colleges and universities offering | 10 | | approved
programs .
| 11 | | (c) Conduct hearings on proceedings to refuse to issue | 12 | | or renew licenses or to revoke, suspend, place on | 13 | | probation, or reprimand persons licensed under the | 14 | | provisions of this Act or refuse to
issue licenses .
| 15 | | (d) Conduct investigations related to possible | 16 | | violations Promulgate rules required for the | 17 | | administration
of this Act.
| 18 | | The Board may make recommendations on matters relating to | 19 | | continuing
education, including the number of hours necessary | 20 | | for license renewal, waivers
for those unable to meet the | 21 | | requirements, and acceptable course content.
| 22 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 23 | | (225 ILCS 55/25) (from Ch. 111, par. 8351-25)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 25. Marriage and Family Therapy Licensing and |
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| 1 | | Disciplinary Board.
| 2 | | (a) The Secretary shall appoint a There is established | 3 | | within the Department the Marriage and
Family Therapy Licensing | 4 | | and Disciplinary Board to be appointed by the
Secretary . The | 5 | | Board shall be composed of 7 persons who shall serve in an
| 6 | | advisory capacity to the Secretary. The Board shall annually | 7 | | elect a chairperson and a
vice chairperson.
| 8 | | (b) In appointing members of the Board, the Secretary
shall | 9 | | give due
consideration to recommendations by members of the | 10 | | profession of marriage
and family therapy and by the statewide | 11 | | organizations solely representing
the interests of marriage | 12 | | and family therapists.
| 13 | | (c) Five members of the Board shall be marriage and family
| 14 | | therapists who have been in active practice for at least 5 | 15 | | years immediately
preceding their appointment, or engaged in | 16 | | the education and training of
masters, doctoral, or | 17 | | post-doctoral students of marriage and family
therapy,
or | 18 | | engaged in marriage and family therapy research. Each marriage | 19 | | or
family therapy teacher or researcher shall have spent the | 20 | | majority of the
time devoted to the study or research of | 21 | | marriage and family therapy during
the 2 years immediately | 22 | | preceding his or her appointment to the Board. The appointees | 23 | | shall be licensed under this Act.
| 24 | | (d) Two members shall be representatives of the general | 25 | | public who have no
direct affiliation or work experience with | 26 | | the practice of marriage and
family therapy and who clearly |
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| 1 | | represent consumer interests.
| 2 | | (e) Board members shall
be appointed for terms of 4 years | 3 | | each, except that any person chosen to
fill a vacancy shall be | 4 | | appointed only for the unexpired term of the Board
member whom | 5 | | he or she shall succeed. Upon the expiration of this term of
| 6 | | office, a Board member shall continue to serve until a | 7 | | successor is
appointed and qualified. No member shall serve | 8 | | more than 2 consecutive 4-year terms be reappointed to the | 9 | | Board for
a term that would cause continuous service on the | 10 | | Board to be longer than 8
years .
| 11 | | (f) The membership of the Board shall reasonably reflect | 12 | | representation
from the various geographic areas of the State.
| 13 | | (g) Members of the Board shall have no liability be immune | 14 | | from suit in any action based
upon any disciplinary proceedings | 15 | | or other activities performed in good
faith as members of the | 16 | | Board.
| 17 | | (h) The Secretary
may remove any member of the Board for | 18 | | any cause that,
in the opinion of the Secretary, reasonably | 19 | | justifies termination.
| 20 | | (i) The Secretary
may consider the recommendations of the
| 21 | | Board on questions of standards of professional conduct, | 22 | | discipline, and
qualification of candidates or licensees under | 23 | | this Act.
| 24 | | (j) The members of the Board shall be reimbursed for all | 25 | | legitimate,
necessary, and authorized expenses.
| 26 | | (k) A majority of the Board members currently appointed |
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| 1 | | shall constitute a
quorum. A vacancy in the membership of the | 2 | | Board shall not impair the right of
a quorum to exercise all | 3 | | the rights and perform all the duties of the Board.
| 4 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 5 | | (225 ILCS 55/30) (from Ch. 111, par. 8351-30)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 30. Application.
| 8 | | (a) Applications for original licensure shall be made to | 9 | | the Department
in writing on forms or electronically as | 10 | | prescribed by the Department and shall be accompanied
by the | 11 | | appropriate documentation and the required fee, which shall not | 12 | | be refundable fee is
nonrefundable . Any application shall | 13 | | require such information as, in the
judgment of the Department, | 14 | | will enable the Department to pass on the
qualifications of the | 15 | | applicant for licensing.
| 16 | | (b) Applicants have 3 years from the date of application to | 17 | | complete the
application process. If the application has not | 18 | | been completed within 3 years,
the application shall be denied, | 19 | | the fee shall be forfeited, and the applicant
must reapply and | 20 | | meet the requirements in effect at the time of reapplication.
| 21 | | (c) A license shall not be denied to an applicant because | 22 | | of the applicant's
race, religion, creed, national origin, | 23 | | political beliefs or activities, age,
sex, sexual orientation, | 24 | | or physical disability that does not affect a person's ability | 25 | | to practice with reasonable judgment, skill, or safety.
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| 1 | | (Source: P.A. 95-703, eff. 12-31-07 .)
| 2 | | (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 40. Qualifications for licensure.
| 5 | | (a) A person is qualified for licensure as a marriage and | 6 | | family therapist
if that person:
| 7 | | (1) is at least 21 years of age;
| 8 | | (2) has applied in writing on forms prepared and | 9 | | furnished by the
Department;
| 10 | | (3) (blank);
| 11 | | (4) (blank); has not engaged or is not engaged in any | 12 | | practice or
conduct that would be grounds for disciplining | 13 | | a licensee under Section 85 of
this Act;
| 14 | | (5) satisfies the education and experience | 15 | | requirements of
subsection
(b) of this Section; and
| 16 | | (6) passes a written examination authorized by the | 17 | | Department.
| 18 | | (b) Any person who applies to the Department shall be | 19 | | issued a marriage
and family therapist license by
the | 20 | | Department if the person meets the qualifications set forth in | 21 | | subsection
(a) of this Section and provides evidence to the | 22 | | Department that the person:
| 23 | | (1) holds a master's or doctoral degree in marriage and | 24 | | family therapy
approved by the Department from a regionally | 25 | | accredited educational
institution; holds a master's
or |
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| 1 | | doctoral degree from a regionally accredited educational | 2 | | institution in
marriage and family therapy or in
a related | 3 | | field with an equivalent course of study in marriage and | 4 | | family
therapy that is recommended by the Board and | 5 | | approved by the Department; or
holds a master's or doctoral | 6 | | degree from a program accredited by the Commission on | 7 | | Accreditation for Marriage and Family Therapy Education | 8 | | commission
on accreditations for marriage and family | 9 | | therapy education of the American
Association for Marriage | 10 | | and Family Therapists ;
| 11 | | (2) following the receipt of the first qualifying | 12 | | degree, has at least
2 years of experience, as defined by | 13 | | rule, in the practice of marriage and
family therapy, | 14 | | including at least 1,000 hours of face-to-face contact with
| 15 | | couples and families for the purpose of evaluation and | 16 | | treatment;
| 17 | | (3) has completed at least 200 hours of supervision of | 18 | | marriage and
family therapy, as defined by rule.
| 19 | | (c) Any person who applies to the Department shall be | 20 | | issued a temporary
license as an associate licensed marriage | 21 | | and family therapist by the Department if the
person meets the | 22 | | qualifications set forth in subsection (a)(1), (2), and (4) of
| 23 | | this Section and provides evidence to the Department that the | 24 | | person meets the
qualifications set forth in subsection (b)(1) | 25 | | of this Section. A person granted licensure as an associate | 26 | | licensed marriage and family therapist is eligible to sit for |
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| 1 | | the written examination specified in paragraph (6) of | 2 | | subsection (a) of this Section. The license as
an associate | 3 | | licensed marriage and family therapist shall not be valid for | 4 | | more
than 5 years.
| 5 | | An associate licensed marriage and family therapist may not | 6 | | practice
independently and must be clinically supervised by a | 7 | | licensed marriage and
family therapist or equivalent as defined | 8 | | by rule.
| 9 | | An associate licensed marriage and family therapist may | 10 | | petition the
Department for a marriage and family therapist | 11 | | license upon completion of the
requirements in subsections (a) | 12 | | and (b).
| 13 | | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00 .)
| 14 | | (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 45. Licenses; renewals; restoration; person in | 17 | | military service.
| 18 | | (a) The expiration date and renewal period for each license | 19 | | issued under
this Act shall be set by rule. As a condition for | 20 | | renewal of a license, the
licensee shall be required to | 21 | | complete continuing education under requirements
set forth in | 22 | | rules of the Department.
| 23 | | (b) Any person who has permitted his or her license to | 24 | | expire may have his
or her
license restored by making | 25 | | application to the Department and filing
proof acceptable to |
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| 1 | | the Department of fitness to have his or her license
restored, | 2 | | which may include sworn evidence certifying to active practice | 3 | | in
another jurisdiction satisfactory to the Department, | 4 | | complying with any
continuing education requirements, and | 5 | | paying the required restoration fee.
| 6 | | (c) If the person has not maintained an active practice in | 7 | | another
jurisdiction satisfactory to the Department, the Board | 8 | | shall determine, by
an evaluation program established by rule, | 9 | | the person's fitness to resume
active status and may require | 10 | | the person to complete a period of evaluated
clinical | 11 | | experience and successful completion of a practical | 12 | | examination.
| 13 | | However, any person whose license expired while he or she | 14 | | has been engaged (i) in federal
service on active duty with the | 15 | | Armed Forces of the United States or
called into service or | 16 | | training with the State Militia, or (ii) in training
or | 17 | | education under the supervision of the United States | 18 | | preliminary to
induction into the military service may have his | 19 | | or her license renewed or
restored without paying any lapsed | 20 | | renewal fees if, within 2 years after
honorable termination of | 21 | | the service, training or education, except under
condition | 22 | | other than honorable, he or she furnishes the Department with
| 23 | | satisfactory evidence to the effect that he or she has been so | 24 | | engaged and that
the service, training, or education has been | 25 | | so terminated.
| 26 | | (d) Any person who notifies the Department, in writing on |
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| 1 | | forms
prescribed by the Department, may place his or her | 2 | | license on inactive
status and shall be excused from the | 3 | | payment of renewal fees until the
person notifies the | 4 | | Department in writing of the intention to resume
active | 5 | | practice.
| 6 | | (e) Any person requesting his or her license be changed | 7 | | from inactive to
active status shall be required to pay the | 8 | | current renewal fee and shall
also demonstrate compliance with | 9 | | the continuing education requirements.
| 10 | | (f) Any marriage and family therapist or associate licensed | 11 | | marriage and family
therapist whose license is nonrenewed or on | 12 | | inactive status shall not engage
in the practice of marriage | 13 | | and family therapy in the State of Illinois and use
the title | 14 | | or advertise that he or she performs the services of a | 15 | | "licensed
marriage and family therapist" or an "associate | 16 | | licensed marriage and family
therapist".
| 17 | | (g) Any person violating subsection (f) of this Section | 18 | | shall be
considered to be practicing without a license and will | 19 | | be subject to the
disciplinary provisions of this Act.
| 20 | | (h) (Blank).
| 21 | | (Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00 .)
| 22 | | (225 ILCS 55/65) (from Ch. 111, par. 8351-65)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 65. Endorsement. The Department may issue a license as | 25 | | a
licensed marriage and family therapist, without the required |
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| 1 | | examination,
to an applicant licensed under the laws of another | 2 | | state if the
requirements for licensure in that state are, on | 3 | | the date of licensure,
substantially equivalent equal to the | 4 | | requirements of this Act or to a person who, at
the time of his | 5 | | or her application for licensure, possessed individual
| 6 | | qualifications that were
substantially equivalent to the | 7 | | requirements then in force in this State. An
applicant under
| 8 | | this Section shall pay all of the required fees.
| 9 | | Applicants have 3 years from the date of application to | 10 | | complete the
application process. If the process has not been | 11 | | completed within the 3
years, the application shall be denied, | 12 | | the fee shall be forfeited, and the
applicant
must reapply and | 13 | | meet the requirements in effect at the time of
reapplication.
| 14 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 15 | | (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 70. Privileged communications and exceptions.
| 18 | | (a) No licensed marriage and family therapist or associate | 19 | | licensed marriage and
family therapist shall disclose any
| 20 | | information acquired from persons consulting the marriage and | 21 | | family
therapist or associate licensed marriage and family | 22 | | therapist in a professional
capacity, except that which may be | 23 | | voluntarily
disclosed under the following circumstances:
| 24 | | (1) In the course of formally reporting, conferring, or | 25 | | consulting
with administrative superiors, colleagues, or |
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| 1 | | consultants who share
professional responsibility, in | 2 | | which instance all recipients of the
information are | 3 | | similarly bound to regard the communications as | 4 | | privileged;
| 5 | | (2) With the written consent of the person who provided | 6 | | the information;
| 7 | | (3) In case of death or disability, with the written | 8 | | consent of a
personal representative, other person | 9 | | authorized to sue, or the beneficiary
of an insurance | 10 | | policy on the person's life, health, or physical condition;
| 11 | | (4) When a communication reveals the intended | 12 | | commission of a crime or
harmful act and the disclosure is | 13 | | judged necessary by the licensed marriage
and family | 14 | | therapist or associate licensed marriage and family | 15 | | therapist to protect
any person from a clear, imminent risk | 16 | | of
serious mental or physical harm or injury, or to | 17 | | forestall a serious threat
to the public safety; or
| 18 | | (5) When the person waives the privilege by bringing | 19 | | any public
charges, criminal, or civil, against the | 20 | | licensee.
| 21 | | (b) Any person having access to records or any one who | 22 | | participates in
providing marriage and family therapy services | 23 | | or who, in providing any
human services, is supervised by a | 24 | | licensed marriage and family therapist,
is similarly bound to | 25 | | regard all information and communications as
privileged in | 26 | | accord with this Section.
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| 1 | | (c) The Mental Health and Developmental Disabilities | 2 | | Confidentiality Act
is incorporated in this Act as if all of | 3 | | its provisions were included in
this Act.
| 4 | | (Source: P.A. 91-362, eff. 1-1-00 .)
| 5 | | (225 ILCS 55/75) (from Ch. 111, par. 8351-75)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 75. License restrictions and limitations. No business | 8 | | organization association, partnership, or professional limited | 9 | | liability company shall provide, attempt to provide, or offer | 10 | | to provide marriage and family therapy services unless every | 11 | | member, partner, shareholder, director, officer, holder of any | 12 | | other ownership interest, agent, and employee of the | 13 | | association, partnership, or professional limited liability | 14 | | company who practices marriage and family therapy or who | 15 | | renders marriage and family therapy services holds a currently | 16 | | valid current license issued under this Act. No business shall | 17 | | be created that (1) has a stated purpose that includes marriage | 18 | | and family therapy, or (2) practices or holds itself out as | 19 | | available to practice provide, attempt to provide, or offer to | 20 | | provide
marriage and family therapy , services unless it is | 21 | | organized under the Professional
Service Corporation Act or | 22 | | Professional Limited Liability Company Act. Nothing in this Act | 23 | | shall preclude individuals licensed under this Act from | 24 | | practicing directly or indirectly for a physician licensed to | 25 | | practice medicine in all its branches under the Medical |
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| 1 | | Practice Act of 1987 or for any legal entity as provided under | 2 | | subsection (c) of Section 22.2 of the Medical Practice Act of | 3 | | 1987.
| 4 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 5 | | (225 ILCS 55/80) (from Ch. 111, par. 8351-80)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 80. Roster. The Department shall maintain a roster of | 8 | | names and
addresses of all persons who hold valid licenses | 9 | | under this Act and all persons whose
licenses have been | 10 | | suspended or revoked within the previous year . This
roster | 11 | | shall be available upon request and payment of the required | 12 | | fee.
| 13 | | (Source: P.A. 87-783 .)
| 14 | | (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 85. Refusal, revocation, or suspension.
| 17 | | (a) The Department may refuse to issue or renew a license , | 18 | | or may revoke a
license , or may suspend, reprimand, place on | 19 | | probation, fine, or take any other
disciplinary or | 20 | | non-disciplinary action as the Department may deem proper, | 21 | | including the imposition of fines not
to exceed $10,000
for | 22 | | each violation, with regard to any license issued under the | 23 | | provisions of this Act licensee for any one or
combination of | 24 | | the following grounds causes :
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| 1 | | (1) Material misstatement in furnishing information to | 2 | | the Department.
| 3 | | (2) Violation Violations of any provision of this Act | 4 | | or its rules.
| 5 | | (3) Conviction of or entry of a plea of guilty or nolo | 6 | | contendere , finding of guilt, jury verdict, or entry of | 7 | | judgment or sentencing, including, but not limited to, | 8 | | convictions, preceding sentences of supervision, | 9 | | conditional discharge, or first offender probation, to any | 10 | | crime that is a felony under the laws of any jurisdiction | 11 | | of the United States that is (i) a felony or (ii) or any
| 12 | | state or territory thereof or
a misdemeanor ,
of which an
| 13 | | essential element of which is dishonesty or that
is
| 14 | | directly related to the practice of the profession.
| 15 | | (4) Fraud or Making any misrepresentation in applying | 16 | | for or procuring for the purpose of obtaining a license | 17 | | under this Act or in connection with applying for renewal | 18 | | or restoration of a license under
or violating any | 19 | | provision of this Act or its rules.
| 20 | | (5) Professional incompetence.
| 21 | | (6) Gross negligence in practice under this Act .
| 22 | | (7) Aiding or assisting another person in violating any | 23 | | provision of
this Act or its rules.
| 24 | | (8) Failing, within 60 30
days, to provide information | 25 | | in response to a
written request made by the Department.
| 26 | | (9) Engaging in dishonorable, unethical, or |
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| 1 | | unprofessional conduct of
a
character likely to deceive, | 2 | | defraud or harm the public as defined by the
rules of the | 3 | | Department, or violating the rules of professional conduct
| 4 | | adopted by the Board and published by the Department.
| 5 | | (10) Habitual or excessive use or abuse of drugs | 6 | | defined in law as controlled substances, of addiction to | 7 | | alcohol, narcotics,
stimulants, or any other substance | 8 | | chemical agent or drug that results in the inability
to | 9 | | practice with reasonable judgment, skill, or safety.
| 10 | | (11) Discipline by another jurisdiction state, | 11 | | territory, or country if at least one
of the grounds for | 12 | | the discipline is the same or substantially equivalent
to | 13 | | those set forth in this Act.
| 14 | | (12) Directly or indirectly giving to or receiving from | 15 | | any person, firm,
corporation, partnership, or association | 16 | | any fee, commission, rebate, or
other form of compensation | 17 | | for any professional services not actually or
personally | 18 | | rendered. Nothing in this paragraph (12) affects any bona | 19 | | fide independent contractor or employment arrangements | 20 | | among health care professionals, health facilities, health | 21 | | care providers, or other entities, except as otherwise | 22 | | prohibited by law. Any employment arrangements may include | 23 | | provisions for compensation, health insurance, pension, or | 24 | | other employment benefits for the provision of services | 25 | | within the scope of the licensee's practice under this Act. | 26 | | Nothing in this paragraph (12) shall be construed to |
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| 1 | | require an employment arrangement to receive professional | 2 | | fees for services rendered.
| 3 | | (13) A finding by the Department that the licensee, | 4 | | after
having his or her license placed on probationary | 5 | | status, has violated the
terms of probation or failed to | 6 | | comply with the terms .
| 7 | | (14) Abandonment of a patient without cause.
| 8 | | (15) Willfully making or filing false records or | 9 | | reports relating to a
licensee's practice, including but | 10 | | not limited to false records filed with
State agencies or | 11 | | departments.
| 12 | | (16) Willfully Wilfully failing to report an instance | 13 | | of suspected child abuse
or neglect as required by the | 14 | | Abused and Neglected Child Reporting Act.
| 15 | | (17) Being named as a perpetrator in an indicated | 16 | | report by the
Department of Children and Family Services | 17 | | under the Abused and Neglected
Child Reporting Act and upon | 18 | | proof by clear and convincing evidence that
the licensee | 19 | | has caused a child to be an abused child or neglected child | 20 | | as
defined in the Abused and Neglected Child Reporting Act.
| 21 | | (18) Physical illness or mental illness or impairment, | 22 | | including, but not limited to, deterioration through
the | 23 | | aging process or loss of motor skill
that results
in the
| 24 | | inability to practice the profession with reasonable | 25 | | judgment, skill, or
safety.
| 26 | | (19) Solicitation of professional services by using |
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| 1 | | false or misleading
advertising.
| 2 | | (20) A pattern of practice or other behavior that | 3 | | demonstrates incapacity or incompetence to practice under | 4 | | this Act. A finding that licensure has been applied for or | 5 | | obtained by
fraudulent means.
| 6 | | (21) Practicing under a false or assumed name, except | 7 | | as provided by law. or attempting to practice under a name | 8 | | other than the
full name as shown on the license or any | 9 | | other legally authorized name.
| 10 | | (22) Gross , willful, and continued overcharging for | 11 | | professional services , including filing false
statements | 12 | | for collection of fees or moneys for which services
are not
| 13 | | rendered.
| 14 | | (23) Failure to establish and maintain records of | 15 | | patient care and treatment as required by law. | 16 | | (24) Cheating on or attempting to subvert the licensing | 17 | | examinations administered under this Act. | 18 | | (25) Willfully failing to report an instance of | 19 | | suspected abuse, neglect, financial exploitation, or | 20 | | self-neglect of an eligible adult as defined in and | 21 | | required by the Adult Protective Services Act. | 22 | | (26) Being named as an abuser in a verified report by | 23 | | the Department on Aging and under the Adult Protective | 24 | | Services Act and upon proof by clear and convincing | 25 | | evidence that the licensee abused, neglected, or | 26 | | financially exploited an eligible adult as defined in the |
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| 1 | | Adult Protective Services Act. | 2 | | (b) The Department shall deny any application for a license | 3 | | or renewal, without
hearing, under this Act to any person who | 4 | | has defaulted on an
educational loan guaranteed by the Illinois | 5 | | Student Assistance Commission;
however, the Department may | 6 | | issue a license or renewal if the person in default
has | 7 | | established a satisfactory repayment record as determined by | 8 | | the Illinois
Student Assistance Commission.
| 9 | | (c) The determination by a circuit court that a licensee is | 10 | | subject to
involuntary admission or judicial admission, as | 11 | | provided in the Mental
Health and Developmental Disabilities | 12 | | Code, operates as an automatic
suspension. The suspension will | 13 | | terminate only upon a finding by a court
that the patient is no | 14 | | longer subject to involuntary admission or judicial
admission | 15 | | and the issuance of an order so finding and discharging the
| 16 | | patient, and upon the recommendation of the Board to the | 17 | | Secretary
that the
licensee be allowed to resume his or her | 18 | | practice as a licensed marriage
and family therapist or an | 19 | | associate licensed marriage and family therapist.
| 20 | | (d) The Department shall may refuse to issue or may suspend | 21 | | the license of any
person who fails to file a return, pay the | 22 | | tax, penalty, or interest shown
in a filed return or pay any | 23 | | final assessment of tax, penalty, or interest,
as required by | 24 | | any tax Act administered by the Illinois Department of
Revenue, | 25 | | until the time the requirements of the tax Act are satisfied.
| 26 | | (e) In enforcing this Section, the Department or Board upon |
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| 1 | | a showing of a
possible
violation may compel an individual | 2 | | licensed to practice under this Act, or
who has applied for | 3 | | licensure under this Act, to submit
to a mental or physical | 4 | | examination, or both, which may include a substance abuse or | 5 | | sexual offender evaluation, as required by and at the expense
| 6 | | of the Department. | 7 | | The Department shall specifically designate the examining | 8 | | physician licensed to practice medicine in all of its branches | 9 | | or, if applicable, the multidisciplinary team involved in | 10 | | providing the mental or physical examination or both. The | 11 | | multidisciplinary team shall be led by a physician licensed to | 12 | | practice medicine in all of its branches and may consist of one | 13 | | or more or a combination of physicians licensed to practice | 14 | | medicine in all of its branches, licensed clinical | 15 | | psychologists, licensed clinical social workers, licensed | 16 | | clinical professional counselors, licensed marriage and family | 17 | | therapists, and other professional and administrative staff. | 18 | | Any examining physician or member of the multidisciplinary team | 19 | | may require any person ordered to submit to an examination and | 20 | | evaluation pursuant to this Section to submit to any additional | 21 | | supplemental testing deemed necessary to complete any | 22 | | examination or evaluation process, including, but not limited | 23 | | to, blood testing, urinalysis, psychological testing, or | 24 | | neuropsychological testing. | 25 | | The Department may order the examining physician or any | 26 | | member of the multidisciplinary team to provide to the |
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| 1 | | Department any and all records, including business records, | 2 | | that relate to the examination and evaluation, including any | 3 | | supplemental testing performed. | 4 | | The Department or Board may order the examining physician | 5 | | or any member of the multidisciplinary team to
present
| 6 | | testimony concerning the mental or physical examination of the | 7 | | licensee or
applicant. No information , report, record, or other | 8 | | documents in any way related to the examination shall be | 9 | | excluded by reason of any common law or
statutory privilege | 10 | | relating to communications between the licensee or
applicant | 11 | | and the examining physician or any member of the | 12 | | multidisciplinary team. No authorization is necessary from the | 13 | | licensee or applicant ordered to undergo an examination for the | 14 | | examining physician or any member of the multidisciplinary team | 15 | | to provide information, reports, records, or other documents or | 16 | | to provide any testimony regarding the examination and | 17 | | evaluation . The examining
physicians
shall be specifically | 18 | | designated by the Board or Department. | 19 | | The individual to be examined may have, at his or her own | 20 | | expense, another
physician of his or her choice present during | 21 | | all
aspects of this examination. However, that physician shall | 22 | | be present only to observe and may not interfere in any way | 23 | | with the examination. | 24 | | Failure of an individual to submit to a mental
or
physical | 25 | | examination, when ordered directed , shall result in an | 26 | | automatic be grounds for suspension of his or
her
license until |
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| 1 | | the individual submits to the examination if the Department
| 2 | | finds,
after notice and hearing, that the refusal to submit to | 3 | | the examination was
without reasonable cause .
| 4 | | If the Department or Board finds an individual unable to | 5 | | practice because of
the
reasons
set forth in this Section, the | 6 | | Department or Board may require that individual
to submit
to
| 7 | | care, counseling, or treatment by physicians approved
or | 8 | | designated by the Department or Board, as a condition, term, or | 9 | | restriction
for continued,
reinstated, or
renewed licensure to | 10 | | practice; or, in lieu of care, counseling, or treatment,
the | 11 | | Department may file, or
the Board may recommend to the | 12 | | Department to file, a complaint to immediately
suspend, revoke, | 13 | | or otherwise discipline the license of the individual.
An | 14 | | individual whose
license was granted, continued, reinstated, | 15 | | renewed, disciplined or supervised
subject to such terms, | 16 | | conditions, or restrictions, and who fails to comply
with
such | 17 | | terms, conditions, or restrictions, shall be referred to the | 18 | | Secretary
for
a
determination as to whether the individual | 19 | | shall have his or her license
suspended immediately, pending a | 20 | | hearing by the Department.
| 21 | | In instances in which the Secretary
immediately suspends a | 22 | | person's license
under this Section, a hearing on that person's | 23 | | license must be convened by
the Department within 30
days after | 24 | | the suspension and completed without
appreciable
delay.
The | 25 | | Department and Board shall have the authority to review the | 26 | | subject
individual's record of
treatment and counseling |
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| 1 | | regarding the impairment to the extent permitted by
applicable | 2 | | federal statutes and regulations safeguarding the | 3 | | confidentiality of
medical records.
| 4 | | An individual licensed under this Act and affected under | 5 | | this Section shall
be
afforded an opportunity to demonstrate to | 6 | | the Department or Board that he or
she can resume
practice in | 7 | | compliance with acceptable and prevailing standards under the
| 8 | | provisions of his or her license.
| 9 | | (f) A fine shall be paid within 60 days after the effective | 10 | | date of the order imposing the fine or in accordance with the | 11 | | terms set forth in the order imposing the fine. | 12 | | (Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
| 13 | | (225 ILCS 55/91) | 14 | | (Section scheduled to be repealed on January 1, 2018) | 15 | | Sec. 91. Unlicensed practice; violation; civil penalty.
| 16 | | (a) Any person who practices, offers to practice, attempts | 17 | | to practice, or holds himself or herself out to practice as a | 18 | | licensed marriage and family therapist or an associate licensed | 19 | | marriage and family therapist without being licensed under this | 20 | | Act shall, in addition to any other penalty provided by law, | 21 | | pay a civil penalty to the Department in an amount not to | 22 | | exceed $10,000 for each offense, as determined by the | 23 | | Department. The civil penalty shall be assessed by the | 24 | | Department after a hearing is held in accordance with the | 25 | | provisions set forth in this Act regarding the provision of a |
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| 1 | | hearing for the discipline of a licensee. | 2 | | (b) The Department may investigate any and all unlicensed | 3 | | activity. | 4 | | (c) The civil penalty shall be paid within 60 days after | 5 | | the effective date of the order imposing the civil penalty. The | 6 | | order shall constitute a judgment and may be filed and | 7 | | execution had thereon in the same manner as any judgment from | 8 | | any court of record.
| 9 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 10 | | (225 ILCS 55/95) (from Ch. 111, par. 8351-95)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 95. Investigation; notice and hearing. | 13 | | (a) The Department may investigate
the actions or | 14 | | qualifications of any person or persons holding or claiming to
| 15 | | hold a license under this Act . | 16 | | (b) The Department shall, before disciplining an applicant | 17 | | or licensee, Before suspending, revoking, placing on | 18 | | probationary status,
or taking any other disciplinary action as | 19 | | the Department may deem proper with
regard to any license, at | 20 | | least 30 days before the date set for the hearing,
the | 21 | | Department shall (i)
notify the accused in writing of any | 22 | | charges made and the time and place for a
hearing on the | 23 | | charges before the Board , (ii) direct him or her to file a
| 24 | | written answer to the charges with the Board under oath within | 25 | | 20 days after
the service on him or her of such notice, and |
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| 1 | | (iii) inform the applicant or licensee that failure to him or | 2 | | her that if
he or she fails to file an answer will result in a , | 3 | | default being entered against the applicant or licensee will be | 4 | | taken against him or her and
his or her license may be | 5 | | suspended, revoked, placed on probationary status, or
other | 6 | | disciplinary action taken with regard to the license, including | 7 | | limiting
the scope, nature, or extent
of his or her practice, | 8 | | as the Department may deem proper . | 9 | | (c) At the time and place fixed in the notice, the Board or | 10 | | hearing officer appointed by the Secretary shall proceed to | 11 | | hear the charges, and the parties or their counsel shall be | 12 | | accorded ample opportunity to present any pertinent | 13 | | statements, testimony, evidence, and arguments. The Board or | 14 | | hearing officer may continue the hearing from time to time. In | 15 | | case the person,
after receiving notice, fails to file an | 16 | | answer, his or her license may, in the
discretion of the | 17 | | Secretary having first received the recommendation of the | 18 | | Board, Department , be suspended, revoked,
placed on | 19 | | probationary status, or be subject to the Department may take | 20 | | whatever disciplinary
action the Secretary considers deemed | 21 | | proper, including limiting the scope, nature, or extent of the
| 22 | | person's practice or the imposition of a fine, without a | 23 | | hearing, if the act or
acts charged constitute sufficient | 24 | | grounds for such action under this Act.
| 25 | | (d) Written or electronic
notice , and any notice in the | 26 | | subsequent proceeding, may be served by personal
delivery , |
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| 1 | | email, or by registered or certified mail to the
applicant or | 2 | | licensee at his or her last address of record or email address | 3 | | of record. with
the
Department. In case the person fails to | 4 | | file an answer after receiving notice,
his or her license may, | 5 | | in the discretion of the Department,
be
suspended, revoked, or | 6 | | placed on probationary status, or the Department may
take | 7 | | whatever disciplinary action deemed proper, including limiting | 8 | | the
scope, nature, or extent of the person's practice or the | 9 | | imposition of a
fine, without a hearing, if the act or acts | 10 | | charged constitute sufficient
grounds for such action under | 11 | | this Act. The written answer shall be served by
personal | 12 | | delivery, certified delivery, or certified or registered mail | 13 | | to
the Department. At the time and place fixed in the notice, | 14 | | the Department
shall proceed to hear the charges and the | 15 | | parties or their counsel shall be
accorded ample opportunity to | 16 | | present such statements, testimony, evidence,
and argument as | 17 | | may be pertinent to the charges or to the defense thereto. The
| 18 | | Department may continue such hearing from time to time. At the | 19 | | discretion of
the Secretary
after having first received the | 20 | | recommendation of the Board, the
accused person's license may | 21 | | be suspended
or revoked, if
the evidence constitutes sufficient | 22 | | grounds for such action under this Act.
| 23 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 24 | | (225 ILCS 55/100) (from Ch. 111, par. 8351-100)
| 25 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 100. Record of proceeding. The Department, at its | 2 | | expense,
shall preserve a record of all proceedings at the | 3 | | formal hearing of any
case. The notice of hearing, complaint | 4 | | and all other documents in the
nature of pleadings and written | 5 | | motions filed in the proceedings, the
transcript of testimony, | 6 | | the report of the Board and orders of the
Department shall be | 7 | | in the record of the proceedings. The Department shall
furnish | 8 | | a copy transcript of the record to any person interested in the | 9 | | hearing upon
payment of the fee required under Section 2105-115 | 10 | | of the
Department of Professional Regulation Law (20 ILCS | 11 | | 2105/2105-115).
| 12 | | (Source: P.A. 91-239, eff. 1-1-00 .)
| 13 | | (225 ILCS 55/115) (from Ch. 111, par. 8351-115)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 115. Hearing; motion for rehearing Rehearing . | 16 | | (a) The Board or the hearing officer appointed by the | 17 | | Secretary shall hear evidence in support of the formal charges | 18 | | and evidence produced by the licensee. At the conclusion of the | 19 | | hearing, the Board shall present to the Secretary a written | 20 | | report of its findings of fact, conclusions of law, and | 21 | | recommendations. If the Board fails to present its report, the | 22 | | applicant or licensee may request in writing a direct appeal to | 23 | | the Secretary, in which case the Secretary may issue an order | 24 | | based upon the report of the hearing officer and the record of | 25 | | the proceedings or issue an order remanding the matter back to |
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| 1 | | the hearing officer for additional proceedings in accordance | 2 | | with the order. | 3 | | (b) At the conclusion of the hearing, In any hearing | 4 | | involving disciplinary action
against a licensee, a copy of the | 5 | | Board's or hearing officer's report shall be
served upon the | 6 | | applicant or licensee respondent by the Department, either | 7 | | personally or as provided
in this Act for the service of the | 8 | | notice of hearing. Within 20 calendar days
after service, the | 9 | | applicant or licensee respondent may present to the Department | 10 | | a motion in writing
for a rehearing that shall specify the | 11 | | particular grounds for rehearing. The Department may respond to | 12 | | the motion for rehearing within 20 calendar days after its | 13 | | service on the Department. If no
motion for rehearing is filed, | 14 | | then upon the expiration of the time specified
for filing a | 15 | | motion, or if a motion for rehearing is denied, then upon | 16 | | denial of a motion for rehearing ,
the Secretary
may enter an | 17 | | order in accordance with recommendations of the
Board or | 18 | | hearing officer , except as provided in this Act . If the | 19 | | applicant or licensee respondent orders from the
reporting | 20 | | service, and pays for, a transcript of the record within the | 21 | | time for
filing a motion for rehearing, the 20 calendar day | 22 | | period within which a motion
may be filed shall commence upon | 23 | | the delivery of the transcript to the applicant or licensee
| 24 | | respondent .
| 25 | | (c) If the Secretary disagrees in any regard with the | 26 | | report of the Board, the Secretary may issue an order contrary |
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| 1 | | to the report. | 2 | | (d) Whenever the Secretary is not satisfied that | 3 | | substantial justice has been done, the Secretary may order a | 4 | | rehearing by the same or another hearing officer. | 5 | | (e) At any point in any investigation or disciplinary | 6 | | proceeding provided for in this Act, both parties may agree to | 7 | | a negotiated consent order. The consent order shall be final | 8 | | upon signature of the Secretary. | 9 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 10 | | (225 ILCS 55/125) (from Ch. 111, par. 8351-125)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 125. Appointment of a hearing officer. | 13 | | Notwithstanding any other provision of this Act, the The | 14 | | Secretary
has the
authority to appoint any attorney duly | 15 | | licensed to practice law in the
State of Illinois to serve as | 16 | | the hearing officer in any action for refusal
to issue or renew | 17 | | a license, or to discipline a licensee. The hearing
officer | 18 | | shall have has full authority to conduct the hearing. The | 19 | | hearing officer
shall report his findings of fact, conclusions | 20 | | of law, and recommendations to the Board and the
Secretary. The | 21 | | Board
has 60 calendar days from receipt of the report to
review | 22 | | the report of the hearing officer and present its findings of | 23 | | fact,
conclusions of law and recommendations to the Secretary. | 24 | | If the Board fails
to present its report within the 60 calendar | 25 | | day period, the respondent may request in writing a direct |
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| 1 | | appeal to the Secretary, in which case the Secretary shall, | 2 | | within 7 calendar days after the request, issue an order | 3 | | directing the Board to issue its findings of fact, conclusions | 4 | | of law, and recommendations to the Secretary within 30 calendar | 5 | | days after such order. If the Board fails to issue its findings | 6 | | of fact, conclusions of law, and recommendations within that | 7 | | time frame to the Secretary after the entry of such order, the | 8 | | Secretary shall, within 30 calendar days thereafter, issue an | 9 | | order based upon the report of the hearing officer and the | 10 | | record of the proceedings or issue an order remanding the | 11 | | matter back to the hearing officer for additional proceedings | 12 | | in accordance with the order. If (i) a direct appeal is | 13 | | requested, (ii) the Board fails to issue its findings of fact, | 14 | | conclusions of law, and recommendations within the 30-day | 15 | | mandate from the Secretary or the Secretary fails to order the | 16 | | Board to do so, and (iii) the Secretary fails to issue an order | 17 | | within 30 calendar days thereafter, then the hearing officer's | 18 | | report is deemed accepted and a final decision of the | 19 | | Secretary. Notwithstanding any other provision of this | 20 | | Section, if the Secretary, upon review, determines that | 21 | | substantial justice has not been done in the revocation, | 22 | | suspension, or refusal to issue or renew a license or other | 23 | | disciplinary action taken as the result of the entry of the | 24 | | hearing officer's report, the Secretary may order a rehearing | 25 | | by the same or other examiners.
If the Secretary
disagrees with | 26 | | the recommendation of the Board or the
hearing officer, the |
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| 1 | | Secretary
may issue an order in contravention of the
| 2 | | recommendation.
| 3 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 4 | | (225 ILCS 55/135) (from Ch. 111, par. 8351-135)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 135. Restoration. At any time after the successful | 7 | | completion of a term of probation, suspension , or
revocation of | 8 | | any license, the Department may restore the license to the | 9 | | licensee
accused person , upon the written recommendation of the | 10 | | Board, unless after
an investigation and a hearing the Board or | 11 | | Department determines that restoration is not
in the public | 12 | | interest. Where circumstances of suspension or revocation so | 13 | | indicate, the Department may require an examination of the | 14 | | licensee prior to restoring his or her license. No person whose | 15 | | license has been revoked as authorized in this Act may apply | 16 | | for restoration of that license or permit until such time as | 17 | | provided for in the Civil Administrative Code of Illinois.
| 18 | | (Source: P.A. 87-783 .)
| 19 | | (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 145. Summary suspension. The Secretary
may summarily | 22 | | suspend the
license of a marriage and family therapist or an | 23 | | associate licensed marriage and
family therapist without a | 24 | | hearing, simultaneously
with the institution of proceedings |
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| 1 | | for a hearing provided for in this Act, if
the Secretary
finds | 2 | | that evidence in his or her possession indicates that a
| 3 | | marriage and family therapist's or associate licensed marriage | 4 | | and family
therapist's continuation in practice would | 5 | | constitute an
imminent danger to the public. In the event that | 6 | | the Secretary
summarily
suspends the license of a marriage and | 7 | | family therapist or an associate licensed
marriage and family | 8 | | therapist without a hearing, a
hearing by the Board or | 9 | | Department must be held within 30 calendar days after the | 10 | | suspension
has occurred.
| 11 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 12 | | (225 ILCS 55/150) (from Ch. 111, par. 8351-150)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 150. Administrative Judicial review. All final | 15 | | administrative decisions of the
Department are subject to | 16 | | judicial review under the Administrative Review
Law and its | 17 | | rules. The term "administrative decision" is defined as in
| 18 | | Section 3-101 of the Code of Civil Procedure.
| 19 | | Proceedings for judicial review shall be commenced in the | 20 | | circuit
court of the county in which the party applying for | 21 | | review resides; but
if the party is not a resident of this | 22 | | State, the venue shall be in
Sangamon County.
| 23 | | (Source: P.A. 87-783 .)
| 24 | | (225 ILCS 55/155) (from Ch. 111, par. 8351-155)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 155. Certification of records. The Department shall
| 3 | | not be required to certify any record to the court Court or | 4 | | file any answer in
court or otherwise appear in any court in a | 5 | | judicial review proceeding,
unless and until the Department has | 6 | | received from the plaintiff there is filed in the court, with | 7 | | the complaint, a receipt from the
Department acknowledging | 8 | | payment of the costs of furnishing and certifying
the record , | 9 | | which costs shall be determined by the Department . Failure on | 10 | | the part of the plaintiff to file such receipt in
Court shall | 11 | | be grounds for dismissal of the action.
| 12 | | (Source: P.A. 87-783 .)
| 13 | | (225 ILCS 55/156) | 14 | | (Section scheduled to be repealed on January 1, 2018) | 15 | | Sec. 156. Confidentiality. All information collected by | 16 | | the Department in the course of an examination or investigation | 17 | | of a licensee or applicant, including, but not limited to, any | 18 | | complaint against a licensee filed with the Department and | 19 | | information collected to investigate any such complaint, shall | 20 | | be maintained for the confidential use of the Department and | 21 | | shall not be disclosed. The Department shall may not disclose | 22 | | the information to anyone other than law enforcement officials, | 23 | | other regulatory agencies that have an appropriate regulatory | 24 | | interest as determined by the Secretary, or a party presenting | 25 | | a lawful subpoena to the Department. Information and documents |
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| 1 | | disclosed to a federal, State, county, or local law enforcement | 2 | | agency shall not be disclosed by the agency for any purpose to | 3 | | any other agency or person. A formal complaint filed against a | 4 | | licensee by the Department or any order issued by the | 5 | | Department against a licensee or applicant shall be a public | 6 | | record, except as otherwise prohibited by law.
| 7 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 8 | | (225 ILCS 55/165) (from Ch. 111, par. 8351-165)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 165. Illinois Administrative Procedure Act. The | 11 | | Illinois
Administrative
Procedure Act is expressly adopted and | 12 | | incorporated in this Act as if all
of the provisions of that | 13 | | Act were included in this Act, except that the
provision of | 14 | | paragraph (d) of Section 10-65 of the
Illinois Administrative | 15 | | Procedure Act, which provides that at hearings the
license | 16 | | holder has the right to show compliance with all
lawful
| 17 | | requirements for retention, continuation or renewal of the | 18 | | license certificate ,
is
specifically excluded. For the purpose | 19 | | of this Act the notice required under
Section 10-25 of the | 20 | | Illinois Administrative Procedure Act is deemed
sufficient | 21 | | when mailed to the last known address of a party.
| 22 | | (Source: P.A. 90-61, eff. 12-30-97 .)
| 23 | | (225 ILCS 55/170) (from Ch. 111, par. 8351-170)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 170. Home rule. The regulation and licensing of | 2 | | marriage and family
therapists and associate licensed marriage | 3 | | and family therapists are exclusive
powers and functions of the | 4 | | State. A home
rule unit may not regulate or license marriage | 5 | | and family therapists or
associate marriage and family | 6 | | therapists.
This Section is a denial and limitation of home | 7 | | rule powers and functions
under subsection (h) of Section 6 of | 8 | | Article VII of the Illinois Constitution.
| 9 | | (Source: P.A. 91-362, eff. 1-1-00 .)
| 10 | | Section 15. The Youth Mental Health Protection Act is | 11 | | amended by changing Section 15 as follows: | 12 | | (405 ILCS 48/15)
| 13 | | Sec. 15. Definitions. For the purposes of this Act:
| 14 | | "Mental health provider" means a clinical psychologist | 15 | | licensed under the Clinical Psychology Licensing Act; a school | 16 | | psychologist as defined in the School Code; a psychiatrist as | 17 | | defined in Section 1-121 of the Mental Health and Developmental | 18 | | Disabilities Code; a clinical social worker or social worker | 19 | | licensed under the Clinical Social Work and Social Work | 20 | | Practice Act; a marriage and family therapist or associate | 21 | | licensed marriage and family therapist licensed under the | 22 | | Marriage and Family Therapy Licensing Act; a professional | 23 | | counselor or clinical professional counselor licensed under | 24 | | the Professional Counselor and Clinical Professional Counselor |
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| 1 | | Licensing and Practice Act; or any students, interns, | 2 | | volunteers, or other persons assisting or acting under the | 3 | | direction or guidance of any of these licensed professionals. | 4 | | "Sexual orientation change efforts" or "conversion | 5 | | therapy" means any practices or treatments that seek to change | 6 | | an individual's sexual orientation, as defined by subsection | 7 | | (O-1) of Section 1-103 of the Illinois Human Rights Act, | 8 | | including efforts to change behaviors or gender expressions or | 9 | | to eliminate or reduce sexual or romantic attractions or | 10 | | feelings towards individuals of the same sex. "Sexual | 11 | | orientation change efforts" or "conversion therapy" does not | 12 | | include counseling or mental health services that provide | 13 | | acceptance, support, and understanding of a person without | 14 | | seeking to change sexual orientation or mental health services | 15 | | that facilitate a person's coping, social support, and gender | 16 | | identity exploration and development, including sexual | 17 | | orientation neutral interventions to prevent or address | 18 | | unlawful conduct or unsafe sexual practices, without seeking to | 19 | | change sexual orientation.
| 20 | | (Source: P.A. 99-411, eff. 1-1-16 .)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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