Public Act 102-0785
 
HB4797 EnrolledLRB102 25226 AMQ 34498 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Clinical Social Work and Social Work 
Practice Act is amended  by changing Section 4 as follows:
 



    (225 ILCS 20/4)  (from Ch. 111, par. 6354)



    (Section scheduled to be repealed on January 1, 2028)

    Sec. 4. Exemptions. 

    1. This Act does not prohibit any of the following:

        (a) Any persons legally regulated in this State under 
    any other Act from
engaging in the practice for which they 
    are authorized, provided that they do
not represent 
    themselves by any title as being engaged in the 
    independent
practice of clinical social work or the 
    practice of social work as defined in
this Act, nor does it 
    prohibit the practice of nonregulated professions whose

    practitioners are engaged in the delivery of human 
    services, provided such
practitioners do not represent 
    themselves as or use the title of clinical
social worker 
    or social worker.

        (b) The practice of clinical social work or social 
    work by a person who is
employed by the United States 
    government or by the State of Illinois,
unit of local 
    government or any bureau, division or agency thereof while 
    in
the discharge of the employee's official duties. 
    Clinical social workers
employed by the State of Illinois 
    who are hired after the effective date of
this amendatory 
    Act of 1994 shall hold a valid license, issued by this 
    State,
to practice as a licensed clinical social worker, 
    except for those clinical
social workers employed by the 
    State who obtain their positions through
promotion.

        (c) The practice of a student pursuing a course of 
    professional
education under the terms of this Act, if 
    these activities and services
constitute a part of such 
    student's supervised course of study.

        (d) A person from practicing social work if the person 
    is obtaining experience for licensure as a clinical social 
    worker or social worker, provided the person is designated 
    by a title that clearly indicates training status. 
        (e)   A person, who is not a resident of this State, from 
    performing social work via telehealth in this State for a 
    nonresident of this State for not more than 5 days in any 
    one month or more than 15 days in any one calendar year, 
    had a previous established therapeutic relationship with 
    the nonresident, and the person is authorized to perform 
    such services under the laws of the state or country in 
    which the person resides.
        (f)   A person, who is not a resident of this State, from 
    performing social work via telehealth in this State for a 
    nonresident of this State currently attending a university 
    or college in this State, had a previous established 
    therapeutic relationship with the nonresident, and the 
    person is authorized to perform such services under the 
    laws of the state or country in which the person resides. 
    2. Nothing in this Act shall be construed to apply to any 
person engaged
in the bona fide practice of religious ministry  
provided the person does not
hold himself out to be engaged in 
the independent practice of clinical social
work or the 
practice of social work.

    3. This Act does not prohibit a person serving as a 
volunteer so long
as no representation prohibited by this 
Section is made.

    4. Nothing contained in this Act shall be construed to 
require any
hospital, clinic, home health agency, hospice, or 
other entity which
provides health care to employ or to 
contract with a licensed clinical
social worker to provide 
clinical social work practice or the independent
practice of 
clinical social work as described in this Act.

(Source: P.A. 100-414, eff. 8-25-17.)