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Public Act 103-0715 |
HB5457 Enrolled | LRB103 38890 RTM 69027 b |
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AN ACT concerning regulation. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. Findings. The General Assembly finds the |
following: |
(1) More than one-in-five Illinois households (23.2%) |
primarily speak a language other than English at home. The |
most common non-English languages spoken in Illinois are |
Spanish (1,627,789 or 13.5% of households), Polish (174,381 or |
1.44% of households), and dialects of Chinese (including |
Mandarin and Cantonese at 105,919 or 0.877% of households). |
(2) An estimated 1.8 million people, or 14.1% of Illinois |
residents, were born outside the country. These individuals |
are more likely to face issues of discrimination, racism, and |
xenophobia, all of which are social determinants of health and |
can lead to negative behavioral health outcomes. Additionally, |
this population is likely to be uniquely traumatized due to |
sociopolitical turmoil in specific parts of the world, |
uncertainty about immigration status, and grief over family |
and homeland separation. |
(3) Illinois has a particularly high population of |
international students. Illinois has the fifth-highest number |
of international students in the country, with over 55,000 |
students traveling to Illinois for its educational and |
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vocational opportunities. In 2022, the University of Illinois |
system announced a record 11,548 international students |
enrolled in their programs. Additionally, with the recent |
influx of migrant children attending Chicago public schools, |
Chicago teachers have highlighted the severe need for |
bilingual social workers and counselors to address the needs |
of traumatized children. |
(4) Illinois faces an unprecedented mental health |
emergency. In 2022, 12.7% of Illinois adults reported 14 or |
more days of poor mental health per month. Even the needs of |
children, whose mental health conditions have been declared a |
national emergency, are unable to be met in Illinois. |
(5) Drug overdose deaths have reached crisis levels. In |
2014, approximately 9.77 people died from drug poisoning per |
100,000 people. In 2022, that number has risen to 23.8 people |
who die per population of 100,000. This represents a 243.6% |
increase in the number of overdose deaths in the last 10 years. |
(6) The ability to express oneself, particularly when |
trying to explain emotions or analyze/interpret life events, |
is crucial to the successful provision of behavioral health |
services. Studies show that the delivery of services in a |
client's language is crucial to the development of trust and |
the comfort of the client. The American Psychological |
Association's official position is that, due to professional |
ethics and governmental guidelines, behavioral health services |
"should be provided in the preferred language of clients with |
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limited English proficiency." Every major behavioral health |
profession highlights the ethical need for practitioners to |
enhance cultural sensitivity and competency. However, |
bilingual clients often opt to receive services in English due |
to severe availability gaps of services in their language of |
origin, particularly in rural or underserved areas. |
(7) The shortage of bilingual therapists prevents |
communities from adequately addressing issues related to |
migrant trauma. The lack of bilingual professionals is |
particularly felt in rural areas. For example, although |
immigrants account for 7% of the population of McLean County, |
there are only a handful of clinical professionals who speak |
Spanish and an even smaller amount who speak other languages. |
This means clients must rely on translators, which take |
precious time from the client's therapy session, or wait |
months and travel great distances for appointments with local |
bilingual therapists. |
Section 10. The Clinical Social Work and Social Work |
Practice Act is amended by changing Sections 5, 7, 7.5, and 19 |
as follows: |
(225 ILCS 20/5) (from Ch. 111, par. 6355) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 5. Powers and duties of the Department. Subject to |
the provisions of this Act, the Department shall exercise the |
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following functions, powers, and duties: |
(1) Conduct or authorize examinations or examination |
alternatives to ascertain the qualifications and fitness |
of candidates for a license to engage in the independent |
practice of clinical social work, pass upon the |
qualifications of applicants for licenses, and issue |
licenses to those who are found to be fit and qualified. |
All examinations, either conducted or authorized, must |
allow reasonable accommodations for applicants for whom |
English is not their primary language and a test in their |
primary language is not available. Further, all |
examinations either conducted or authorized must comply |
with all communication access and reasonable modification |
requirements in Section 504 of the federal Rehabilitation |
Act of 1973 and Title II of the Americans with |
Disabilities Act of 1990. |
(2) Adopt rules required for the administration and |
enforcement of this Act. |
(3) Adopt rules for determining approved undergraduate |
and graduate social work degree programs and prepare and |
maintain a list of colleges and universities offering such |
approved programs whose graduates, if they otherwise meet |
the requirements of this Act, are eligible to apply for a |
license. |
(4) Prescribe forms to be issued for the |
administration and enforcement of this Act consistent with |
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and reflecting the requirements of this Act and rules |
adopted pursuant to this Act. |
(5) Conduct investigations related to possible |
violations of this Act. |
(6) Maintain rosters of the names and addresses of all |
persons who hold valid licenses under this Act. These |
rosters shall be available upon written request and |
payment of the required fee. |
(Source: P.A. 102-326, eff. 1-1-22; 103-433, eff. 1-1-24 .) |
(225 ILCS 20/7) (from Ch. 111, par. 6357) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 7. Applications for original license. Applications |
for original licenses shall be made to the Department on forms |
or electronically as prescribed by the Department and |
accompanied by the required fee which shall not be refundable. |
All applications shall contain such information which, in the |
judgment of the Department, will enable the Department to pass |
on the qualifications of the applicant for a license as a |
licensed clinical social worker or as a licensed social |
worker. |
A license to practice shall not be denied an applicant |
because of the applicant's race, religion, creed, national |
origin, real or perceived immigration status, political |
beliefs or activities, age, sex, sexual orientation, or |
physical disability that does not affect a person's ability to |
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practice with reasonable judgment, skill, or safety. |
Applicants have 3 years from the date of application to |
complete the application process. If the process has not been |
completed in 3 years, the application shall be denied, the fee |
shall be forfeited, and the applicant must reapply and meet |
the requirements in effect at the time of reapplication. |
(Source: P.A. 100-414, eff. 8-25-17.) |
(225 ILCS 20/7.5) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 7.5. Social Security Number or individual taxpayer |
identification number on license application. In addition to |
any other information required to be contained in the |
application, every application for an original license under |
this Act shall include the applicant's Social Security Number |
or individual taxpayer identification number , which shall be |
retained in the agency's records pertaining to the license. As |
soon as practical, the Department shall assign a customer's |
identification number to each applicant for a license. |
Every application for a renewal or restored license shall |
require the applicant's customer identification number. |
(Source: P.A. 97-400, eff. 1-1-12 .) |
(225 ILCS 20/19) (from Ch. 111, par. 6369) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 19. Grounds for disciplinary action. |
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(1) The Department may refuse to issue or renew a license, |
or may suspend, revoke, place on probation, reprimand, or take |
any other disciplinary or non-disciplinary action deemed |
appropriate by the Department, including the imposition of |
fines not to exceed $10,000 for each violation, with regard to |
any license issued under the provisions of this Act for any one |
or a combination of the following grounds: |
(a) material misstatements in furnishing information |
to the Department or to any other State agency or in |
furnishing information to any insurance company with |
respect to a claim on behalf of a licensee or a patient; |
(b) violations or negligent or intentional disregard |
of this Act, or any of the rules promulgated hereunder; |
(c) conviction of or entry of a plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor, an essential element |
of which is dishonesty, or that is directly related to the |
practice of the clinical social work or social work |
professions; |
(d) fraud or misrepresentation in applying for or |
procuring a license under this Act or in connection with |
applying for renewal or restoration of a license under |
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this Act; |
(e) professional incompetence; |
(f) gross negligence in practice under this Act; |
(g) aiding or assisting another person in violating |
any provision of this Act or its rules; |
(h) failing to provide information within 60 days in |
response to a written request made by the Department; |
(i) engaging in dishonorable, unethical or |
unprofessional conduct of a character likely to deceive, |
defraud or harm the public as defined by the rules of the |
Department, or violating the rules of professional conduct |
adopted by the Department; |
(j) habitual or excessive use or abuse of drugs |
defined in law as controlled substances, of alcohol, or of |
any other substances that results in the inability to |
practice with reasonable judgment, skill, or safety; |
(k) adverse action taken by another state or |
jurisdiction, if at least one of the grounds for the |
discipline is the same or substantially equivalent to |
those set forth in this Section; |
(l) directly or indirectly giving to or receiving from |
any person, firm, corporation, partnership, or association |
any fee, commission, rebate or other form of compensation |
for any professional service not actually rendered. |
Nothing in this paragraph (l) affects any bona fide |
independent contractor or employment arrangements among |
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health care professionals, health facilities, health care |
providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
within the scope of the licensee's practice under this |
Act. Nothing in this paragraph (l) shall be construed to |
require an employment arrangement to receive professional |
fees for services rendered; |
(m) a finding by the Department that the licensee, |
after having the license placed on probationary status, |
has violated the terms of probation or failed to comply |
with such terms; |
(n) abandonment, without cause, of a client; |
(o) willfully making or filing false records or |
reports relating to a licensee's practice, including, but |
not limited to, false records filed with Federal or State |
agencies or departments; |
(p) willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused |
and Neglected Child Reporting Act; |
(q) being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act, and |
upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
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neglected child as defined in the Abused and Neglected |
Child Reporting Act; |
(r) physical illness, mental illness, or any other |
impairment or disability, including, but not limited to, |
deterioration through the aging process, or loss of motor |
skills that results in the inability to practice the |
profession with reasonable judgment, skill or safety; |
(s) solicitation of professional services by using |
false or misleading advertising; |
(t) violation of the Health Care Worker Self-Referral |
Act; |
(u) willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act; or |
(v) being named as an abuser in a verified report by |
the Department on Aging under the Adult Protective |
Services Act, and upon proof by clear and convincing |
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the |
Adult Protective Services Act. |
(2) (Blank). |
(3) The determination by a court that a licensee is |
subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code, will result in an automatic suspension of his license. |
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Such suspension will end upon a finding by a court that the |
licensee is no longer subject to involuntary admission or |
judicial admission and issues an order so finding and |
discharging the patient, and upon the recommendation of the |
Board to the Secretary that the licensee be allowed to resume |
professional practice. |
(4) The Department shall refuse to issue or renew or may |
suspend the license of a person who (i) fails to file a return, |
pay the tax, penalty, or interest shown in a filed return, or |
pay any final assessment of tax, penalty, or interest, as |
required by any tax Act administered by the Department of |
Revenue, until the requirements of the tax Act are satisfied |
or (ii) has failed to pay any court-ordered child support as |
determined by a court order or by referral from the Department |
of Healthcare and Family Services. |
(4.5) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against a license or permit issued under this Act based |
solely upon the licensed clinical social worker authorizing, |
recommending, aiding, assisting, referring for, or otherwise |
participating in any health care service, so long as the care |
was not unlawful under the laws of this State, regardless of |
whether the patient was a resident of this State or another |
state. |
(4.10) The Department shall not revoke, suspend, summarily |
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suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a licensed clinical social worker based upon the |
licensed clinical social worker's license being revoked or |
suspended, or the licensed clinical social worker being |
otherwise disciplined by any other state, if that revocation, |
suspension, or other form of discipline was based solely on |
the licensed clinical social worker violating another state's |
laws prohibiting the provision of, authorization of, |
recommendation of, aiding or assisting in, referring for, or |
participation in any health care service if that health care |
service as provided would not have been unlawful under the |
laws of this State and is consistent with the standards of |
conduct for a licensed clinical social worker practicing in |
Illinois. |
(4.15) The conduct specified in subsection subsections |
(4.5) , and (4.10) , (4.25), or (4.30) shall not constitute |
grounds for suspension under Section 32. |
(4.20) An applicant seeking licensure, certification, or |
authorization pursuant to this Act who has been subject to |
disciplinary action by a duly authorized professional |
disciplinary agency of another jurisdiction solely on the |
basis of having authorized, recommended, aided, assisted, |
referred for, or otherwise participated in health care shall |
not be denied such licensure, certification, or authorization, |
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unless the Department determines that such action would have |
constituted professional misconduct in this State; however, |
nothing in this Section shall be construed as prohibiting the |
Department from evaluating the conduct of such applicant and |
making a determination regarding the licensure, certification, |
or authorization to practice a profession under this Act. |
(4.25) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against a license or permit issued under this Act based |
solely upon an immigration violation by the licensed clinical |
social worker. |
(4.30) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a licensed clinical social worker based upon the |
licensed clinical social worker's license being revoked or |
suspended, or the licensed clinical social worker being |
otherwise disciplined by any other state, if that revocation, |
suspension, or other form of discipline was based solely upon |
an immigration violation by the licensed clinical social |
worker. |
(5)(a) In enforcing this Section, the Department or Board, |
upon a showing of a possible violation, may compel a person |
licensed to practice under this Act, or who has applied for |
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licensure under this Act, to submit to a mental or physical |
examination, or both, which may include a substance abuse or |
sexual offender evaluation, as required by and at the expense |
of the Department. |
(b) The Department shall specifically designate the |
examining physician licensed to practice medicine in all of |
its branches or, if applicable, the multidisciplinary team |
involved in providing the mental or physical examination or |
both. The multidisciplinary team shall be led by a physician |
licensed to practice medicine in all of its branches and may |
consist of one or more or a combination of physicians licensed |
to practice medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, and other professional and |
administrative staff. Any examining physician or member of the |
multidisciplinary team may require any person ordered to |
submit to an examination pursuant to this Section to submit to |
any additional supplemental testing deemed necessary to |
complete any examination or evaluation process, including, but |
not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing. |
(c) The Board or the Department may order the examining |
physician or any member of the multidisciplinary team to |
present testimony concerning this mental or physical |
examination of the licensee or applicant. No information, |
report, record, or other documents in any way related to the |
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examination shall be excluded by reason of any common law or |
statutory privilege relating to communications between the |
licensee or applicant and the examining physician or any |
member of the multidisciplinary team. No authorization is |
necessary from the licensee or applicant ordered to undergo an |
examination for the examining physician or any member of the |
multidisciplinary team to provide information, reports, |
records, or other documents or to provide any testimony |
regarding the examination and evaluation. |
(d) The person to be examined may have, at his or her own |
expense, another physician of his or her choice present during |
all aspects of the examination. However, that physician shall |
be present only to observe and may not interfere in any way |
with the examination. |
(e) Failure of any person to submit to a mental or physical |
examination without reasonable cause, when ordered, shall |
result in an automatic suspension of his or her license until |
the person submits to the examination. |
(f) If the Department or Board finds a person unable to |
practice because of the reasons set forth in this Section, the |
Department or Board may require that person to submit to care, |
counseling, or treatment by physicians approved or designated |
by the Department or Board, as a condition, term, or |
restriction for continued, reinstated, or renewed licensure to |
practice; or, in lieu of care, counseling or treatment, the |
Department may file, or the Board may recommend to the |
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Department to file, a complaint to immediately suspend, |
revoke, or otherwise discipline the license of the person. Any |
person whose license was granted, continued, reinstated, |
renewed, disciplined or supervised subject to such terms, |
conditions or restrictions, and who fails to comply with such |
terms, conditions, or restrictions, shall be referred to the |
Secretary for a determination as to whether the person shall |
have his or her license suspended immediately, pending a |
hearing by the Department. |
(g) All fines imposed shall be paid within 60 days after |
the effective date of the order imposing the fine or in |
accordance with the terms set forth in the order imposing the |
fine. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 30 |
days after the suspension and completed without appreciable |
delay. The Department and Board shall have the authority to |
review the subject person's record of treatment and counseling |
regarding the impairment, to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
A person licensed under this Act and affected under this |
Section shall be afforded an opportunity to demonstrate to the |
Department or Board that he or she can resume practice in |
compliance with acceptable and prevailing standards under the |
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provisions of his or her license. |
(h) The Department may adopt rules to implement the |
changes made by this amendatory Act of the 102nd General |
Assembly. |
(Source: P.A. 102-1117, eff. 1-13-23.) |
Section 15. The Marriage and Family Therapy Licensing Act |
is amended by changing Sections 30, 32, 45, and 85 as follows: |
(225 ILCS 55/30) (from Ch. 111, par. 8351-30) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 30. Application. |
(a) Applications for original licensure shall be made to |
the Department in writing on forms or electronically as |
prescribed by the Department and shall be accompanied by the |
appropriate documentation and the required fee, which shall |
not be refundable. Any application shall require such |
information as, in the judgment of the Department, will enable |
the Department to pass on the qualifications of the applicant |
for licensing. |
(b) Applicants have 3 years from the date of application |
to complete the application process. If the application has |
not been completed within 3 years, the application shall be |
denied, the fee shall be forfeited, and the applicant must |
reapply and meet the requirements in effect at the time of |
reapplication. |
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(c) A license shall not be denied to an applicant because |
of the applicant's race, religion, creed, national origin, |
real or perceived immigration status, political beliefs or |
activities, age, sex, sexual orientation, or physical |
disability that does not affect a person's ability to practice |
with reasonable judgment, skill, or safety. |
(Source: P.A. 100-372, eff. 8-25-17.) |
(225 ILCS 55/32) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 32. Social Security Number or individual taxpayer |
identification number on license application. In addition to |
any other information required to be contained in the |
application, every application for an original license under |
this Act shall include the applicant's Social Security Number |
or individual taxpayer identification number , which shall be |
retained in the agency's records pertaining to the license. As |
soon as practical, the Department shall assign a customer's |
identification number to each applicant for a license. |
Every application for a renewal or restored license shall |
require the applicant's customer identification number. |
(Source: P.A. 97-400, eff. 1-1-12 .) |
(225 ILCS 56/45) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 45. Powers and duties of the Department. Subject to |
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the provisions of this Act, the Department shall: |
(1) adopt rules defining what constitutes a curriculum |
for music therapy that is reputable and in good standing; |
(2) adopt rules providing for the establishment of a |
uniform and reasonable standard of instruction and |
maintenance to be observed by all curricula for music |
therapy that are approved by the Department and determine |
the reputability and good standing of the curricula for |
music therapy by reference to compliance with the rules, |
provided that no school of music therapy that refuses |
admittance to applicants solely on account of race, color, |
creed, sex, or national origin shall be considered |
reputable and in good standing; |
(3) adopt and publish rules for a method of |
examination of candidates for licensed professional music |
therapists and for issuance of licenses authorizing |
candidates upon passing examination to practice as |
licensed professional music therapists; |
(4) review applications to ascertain the |
qualifications of applicants for licenses; |
(5) authorize examinations to ascertain the |
qualifications of those applicants who require |
examinations as a component of a license . All |
examinations, either conducted or authorized, must allow |
reasonable accommodations for applicants for whom English |
is not their primary language and a test in their primary |
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language is not available. Further, all examinations |
either conducted or authorized must comply with all |
communication access and reasonable modification |
requirements in Section 504 of the federal Rehabilitation |
Act of 1973 and Title II of the Americans with |
Disabilities Act of 1990 ; |
(6) conduct hearings on proceedings to refuse to issue |
or renew a license or to revoke, suspend, place on |
probation, or reprimand licenses issued under this Act or |
otherwise discipline; and |
(7) adopt rules necessary for the administration of |
this Act. |
(Source: P.A. 102-993, eff. 5-27-22.) |
(225 ILCS 55/85) (from Ch. 111, par. 8351-85) |
(Section scheduled to be repealed on January 1, 2027) |
Sec. 85. Refusal, revocation, or suspension. |
(a) The Department may refuse to issue or renew a license, |
or may revoke, suspend, reprimand, place on probation, or take |
any other disciplinary or non-disciplinary action as the |
Department may deem proper, including the imposition of fines |
not to exceed $10,000 for each violation, with regard to any |
license issued under the provisions of this Act for any one or |
combination of the following grounds: |
(1) Material misstatement in furnishing information to |
the Department. |
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(2) Violation of any provision of this Act or its |
rules. |
(3) Conviction of or entry of a plea of guilty or nolo |
contendere, finding of guilt, jury verdict, or entry of |
judgment or sentencing, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States that is |
(i) a felony or (ii) a misdemeanor, an essential element |
of which is dishonesty or that is directly related to the |
practice of the profession. |
(4) Fraud or misrepresentation in applying for or |
procuring a license under this Act or in connection with |
applying for renewal or restoration of a license under |
this Act or its rules. |
(5) Professional incompetence. |
(6) Gross negligence in practice under this Act. |
(7) Aiding or assisting another person in violating |
any provision of this Act or its rules. |
(8) Failing, within 60 days, to provide information in |
response to a written request made by the Department. |
(9) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud or harm the public as defined by the rules of the |
Department, or violating the rules of professional conduct |
adopted by the Department. |
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(10) Habitual or excessive use or abuse of drugs |
defined in law as controlled substances, of alcohol, or |
any other substance that results in the inability to |
practice with reasonable judgment, skill, or safety. |
(11) Discipline by another jurisdiction if at least |
one of the grounds for the discipline is the same or |
substantially equivalent to those set forth in this Act. |
(12) Directly or indirectly giving to or receiving |
from any person, firm, corporation, partnership, or |
association any fee, commission, rebate, or other form of |
compensation for any professional services not actually or |
personally rendered. Nothing in this paragraph (12) |
affects any bona fide independent contractor or employment |
arrangements among health care professionals, health |
facilities, health care providers, or other entities, |
except as otherwise prohibited by law. Any employment |
arrangements may include provisions for compensation, |
health insurance, pension, or other employment benefits |
for the provision of services within the scope of the |
licensee's practice under this Act. Nothing in this |
paragraph (12) shall be construed to require an employment |
arrangement to receive professional fees for services |
rendered. |
(13) A finding by the Department that the licensee, |
after having his or her license placed on probationary |
status, has violated the terms of probation or failed to |
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comply with the terms. |
(14) Abandonment of a patient without cause. |
(15) Willfully making or filing false records or |
reports relating to a licensee's practice, including but |
not limited to false records filed with State agencies or |
departments. |
(16) Willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused |
and Neglected Child Reporting Act. |
(17) Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
under the Abused and Neglected Child Reporting Act and |
upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
(18) Physical illness or mental illness or impairment, |
including, but not limited to, deterioration through the |
aging process or loss of motor skill that results in the |
inability to practice the profession with reasonable |
judgment, skill, or safety. |
(19) Solicitation of professional services by using |
false or misleading advertising. |
(20) A pattern of practice or other behavior that |
demonstrates incapacity or incompetence to practice under |
this Act. |
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(21) Practicing under a false or assumed name, except |
as provided by law. |
(22) Gross, willful, and continued overcharging for |
professional services, including filing false statements |
for collection of fees or moneys for which services are |
not rendered. |
(23) Failure to establish and maintain records of |
patient care and treatment as required by law. |
(24) Cheating on or attempting to subvert the |
licensing examinations administered under this Act. |
(25) Willfully failing to report an instance of |
suspected abuse, neglect, financial exploitation, or |
self-neglect of an eligible adult as defined in and |
required by the Adult Protective Services Act. |
(26) Being named as an abuser in a verified report by |
the Department on Aging and under the Adult Protective |
Services Act and upon proof by clear and convincing |
evidence that the licensee abused, neglected, or |
financially exploited an eligible adult as defined in the |
Adult Protective Services Act. |
(b) (Blank). |
(c) The determination by a circuit court that a licensee |
is subject to involuntary admission or judicial admission, as |
provided in the Mental Health and Developmental Disabilities |
Code, operates as an automatic suspension. The suspension will |
terminate only upon a finding by a court that the patient is no |
|
longer subject to involuntary admission or judicial admission |
and the issuance of an order so finding and discharging the |
patient, and upon the recommendation of the Board to the |
Secretary that the licensee be allowed to resume his or her |
practice as a licensed marriage and family therapist or an |
associate licensed marriage and family therapist. |
(d) The Department shall refuse to issue or may suspend |
the license of any person who fails to file a return, pay the |
tax, penalty, or interest shown in a filed return or pay any |
final assessment of tax, penalty, or interest, as required by |
any tax Act administered by the Illinois Department of |
Revenue, until the time the requirements of the tax Act are |
satisfied. |
(d-5) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a marriage and family therapist or associate |
licensed marriage and family therapist based solely upon the |
marriage and family therapist or associate licensed marriage |
and family therapist authorizing, recommending, aiding, |
assisting, referring for, or otherwise participating in any |
health care service, so long as the care was not Unlawful under |
the laws of this State, regardless of whether the patient was a |
resident of this State or another state. |
(d-10) The Department shall not revoke, suspend, summarily |
|
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a marriage and family therapist or associate |
licensed marriage and family therapist based upon the marriage |
and family therapist's or associate licensed marriage and |
family therapist's license being revoked or suspended, or the |
marriage and family therapist or associate licensed marriage |
and family therapist being otherwise disciplined by any other |
state, if that revocation, suspension, or other form of |
discipline was based solely on the marriage and family |
therapist or associate licensed marriage and family therapist |
violating another state's laws prohibiting the provision of, |
authorization of, recommendation of, aiding or assisting in, |
referring for, or participation in any health care service if |
that health care service as provided would not have been |
unlawful under the laws of this State and is consistent with |
the standards of conduct for a marriage and family therapist |
or an associate licensed marriage and family therapist |
practicing in Illinois. |
(d-15) The conduct specified in subsection subsections |
(d-5) , or (d-10) , (d-25), or (d-30) shall not constitute |
grounds for suspension under Section 145. |
(d-20) An applicant seeking licensure, certification, or |
authorization pursuant to this Act who has been subject to |
disciplinary action by a duly authorized professional |
|
disciplinary agency of another jurisdiction solely on the |
basis of having authorized, recommended, aided, assisted, |
referred for, or otherwise participated in health care shall |
not be denied such licensure, certification, or authorization, |
unless the Department determines that such action would have |
constituted professional misconduct in this State; however, |
nothing in this Section shall be construed as prohibiting the |
Department from evaluating the conduct of such applicant and |
making a determination regarding the licensure, certification, |
or authorization to practice a profession under this Act. |
(d-25) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a marriage and family therapist or associate |
licensed marriage and family therapist based solely upon an |
immigration violation by the marriage and family therapist or |
associate licensed marriage and family therapist. |
(d-30) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a marriage and family therapist or associate |
licensed marriage and family therapist based upon the marriage |
and family therapist's or associate licensed marriage and |
family therapist's license being revoked or suspended, or the |
|
marriage and family therapist or associate licensed marriage |
and family therapist being otherwise disciplined by any other |
state, if that revocation, suspension, or other form of |
discipline was based solely upon an immigration violation by |
the marriage and family therapist or associate licensed |
marriage and family therapist. |
(e) In enforcing this Section, the Department or Board |
upon a showing of a possible violation may compel an |
individual licensed to practice under this Act, or who has |
applied for licensure under this Act, to submit to a mental or |
physical examination, or both, which may include a substance |
abuse or sexual offender evaluation, as required by and at the |
expense of the Department. |
The Department shall specifically designate the examining |
physician licensed to practice medicine in all of its branches |
or, if applicable, the multidisciplinary team involved in |
providing the mental or physical examination or both. The |
multidisciplinary team shall be led by a physician licensed to |
practice medicine in all of its branches and may consist of one |
or more or a combination of physicians licensed to practice |
medicine in all of its branches, licensed clinical |
psychologists, licensed clinical social workers, licensed |
clinical professional counselors, licensed marriage and family |
therapists, and other professional and administrative staff. |
Any examining physician or member of the multidisciplinary |
team may require any person ordered to submit to an |
|
examination and evaluation pursuant to this Section to submit |
to any additional supplemental testing deemed necessary to |
complete any examination or evaluation process, including, but |
not limited to, blood testing, urinalysis, psychological |
testing, or neuropsychological testing. |
The Department may order the examining physician or any |
member of the multidisciplinary team to provide to the |
Department any and all records, including business records, |
that relate to the examination and evaluation, including any |
supplemental testing performed. |
The Department or Board may order the examining physician |
or any member of the multidisciplinary team to present |
testimony concerning the mental or physical examination of the |
licensee or applicant. No information, report, record, or |
other documents in any way related to the examination shall be |
excluded by reason of any common law or statutory privilege |
relating to communications between the licensee or applicant |
and the examining physician or any member of the |
multidisciplinary team. No authorization is necessary from the |
licensee or applicant ordered to undergo an examination for |
the examining physician or any member of the multidisciplinary |
team to provide information, reports, records, or other |
documents or to provide any testimony regarding the |
examination and evaluation. |
The individual to be examined may have, at his or her own |
expense, another physician of his or her choice present during |
|
all aspects of this examination. However, that physician shall |
be present only to observe and may not interfere in any way |
with the examination. |
Failure of an individual to submit to a mental or physical |
examination, when ordered, shall result in an automatic |
suspension of his or her license until the individual submits |
to the examination. |
If the Department or Board finds an individual unable to |
practice because of the reasons set forth in this Section, the |
Department or Board may require that individual to submit to |
care, counseling, or treatment by physicians approved or |
designated by the Department or Board, as a condition, term, |
or restriction for continued, reinstated, or renewed licensure |
to practice; or, in lieu of care, counseling, or treatment, |
the Department may file, or the Board may recommend to the |
Department to file, a complaint to immediately suspend, |
revoke, or otherwise discipline the license of the individual. |
An individual whose license was granted, continued, |
reinstated, renewed, disciplined or supervised subject to such |
terms, conditions, or restrictions, and who fails to comply |
with such terms, conditions, or restrictions, shall be |
referred to the Secretary for a determination as to whether |
the individual shall have his or her license suspended |
immediately, pending a hearing by the Department. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
|
person's license must be convened by the Department within 30 |
days after the suspension and completed without appreciable |
delay. The Department and Board shall have the authority to |
review the subject individual's record of treatment and |
counseling regarding the impairment to the extent permitted by |
applicable federal statutes and regulations safeguarding the |
confidentiality of medical records. |
An individual licensed under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department or Board that he or she can resume practice |
in compliance with acceptable and prevailing standards under |
the provisions of his or her license. |
(f) A fine shall be paid within 60 days after the effective |
date of the order imposing the fine or in accordance with the |
terms set forth in the order imposing the fine. |
(g) The Department may adopt rules to implement the |
changes made by this amendatory Act of the 102nd General |
Assembly. |
(Source: P.A. 102-1117, eff. 1-13-23.) |
Section 20. The Professional Counselor and Clinical |
Professional Counselor Licensing and Practice Act is amended |
by changing Sections 25, 37, 50, and 80 as follows: |
(225 ILCS 107/25) |
(Section scheduled to be repealed on January 1, 2028) |
|
Sec. 25. Powers and duties of the Department. Subject to |
the provisions of this Act, the Department may: |
(a) Authorize examinations to ascertain the |
qualifications and fitness of applicants for licensing as |
professional counselors or clinical professional |
counselors and pass upon the qualifications of applicants |
for licensure by endorsement. All examinations, either |
conducted or authorized, must allow reasonable |
accommodations for applicants for whom English is not |
their primary language and a test in their primary |
language test is not available. Further, all examinations |
either conducted or authorized must comply with all |
communication access and reasonable modification |
requirements in Section 504 of the federal Rehabilitation |
Act of 1973 and Title II of the Americans with |
Disabilities Act of 1990. |
(b) Conduct hearings on proceedings to refuse to issue |
or renew or to revoke licenses or suspend, place on |
probation, censure, or reprimand or take any other |
disciplinary or non-disciplinary action with regard to a |
person licensed under this Act. |
(c) Formulate rules and regulations required for the |
administration of this Act. |
(d) (Blank). |
(e) Establish rules for determining approved graduate |
professional counseling, clinical professional |
|
counseling, psychology, rehabilitation counseling and |
similar programs. |
(Source: P.A. 102-878, eff. 1-1-23 .) |
(225 ILCS 107/37) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 37. Social Security Number or individual taxpayer |
identification number on license application. In addition to |
any other information required to be contained in the |
application, every application for an original license under |
this Act shall include the applicant's Social Security Number |
or individual taxpayer identification number , which shall be |
retained in the agency's records pertaining to the license. As |
soon as practical, the Department shall assign a customer's |
identification number to each applicant for a license. |
Every application for a renewal or restored license shall |
require the applicant's customer identification number. |
(Source: P.A. 97-400, eff. 1-1-12 .) |
(225 ILCS 107/50) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 50. Licenses; renewal; restoration; person in |
military service; inactive status. |
(a) The expiration date and renewal period for each |
license issued under this Act shall be set by rule. As a |
condition for renewal of a license, the licensee shall be |
|
required to complete continuing education in accordance with |
rules established by the Department and pay the current |
renewal fee. |
(b) Any person who has permitted a license to expire or who |
has a license on inactive status may have it restored by |
submitting an application to the Department and filing proof |
of fitness acceptable to the Department, to have the license |
restored, including, if appropriate, evidence which is |
satisfactory to the Department certifying the active practice |
of professional counseling or clinical professional counseling |
in another jurisdiction and by paying the required fee. |
(c) If the person has not maintained an active practice in |
another jurisdiction which is satisfactory to the Department, |
the Department shall determine, by rule, the person's fitness |
to resume active status and shall establish procedures and |
requirements for restoration. |
(d) However, any person whose license expired while he or |
she was (i) in federal service on active duty with the armed |
forces of the United States or the State Militia or (ii) in |
training or education under the supervision of the United |
States government prior to induction into the military service |
may have his or her license restored without paying any lapsed |
renewal fees if, within 2 years after the honorable |
termination of such service, training, or education, the |
Department is furnished with satisfactory evidence that the |
person has been so engaged and that such service, training, or |
|
education has been so terminated. |
(e) A license to practice shall not be denied any |
applicant because of the applicant's race, religion, creed, |
national origin, real or perceived immigration status, |
political beliefs or activities, age, sex, sexual orientation, |
or physical impairment. |
(f) (Blank). |
(g) Notwithstanding any other provision of law, the |
following requirements for restoration of an inactive or |
expired license of 5 years or less as set forth in subsections |
(b), (c), and (f) are suspended for any licensed clinical |
professional counselor who has had no disciplinary action |
taken against his or her license in this State or in any other |
jurisdiction during the entire period of licensure: proof of |
fitness, certification of active practice in another |
jurisdiction, and the payment of a renewal fee. An individual |
may not restore his or her license in accordance with this |
subsection more than once. |
(Source: P.A. 102-878, eff. 1-1-23; 102-1053, eff. 6-10-22; |
103-154, eff. 6-30-23.) |
(225 ILCS 107/80) |
(Section scheduled to be repealed on January 1, 2028) |
Sec. 80. Grounds for discipline. |
(a) The Department may refuse to issue, renew, or may |
revoke, suspend, place on probation, reprimand, or take other |
|
disciplinary or non-disciplinary action as the Department |
deems appropriate, including the issuance of fines not to |
exceed $10,000 for each violation, with regard to any license |
for any one or more of the following: |
(1) Material misstatement in furnishing information to |
the Department or to any other State agency. |
(2) Violations or negligent or intentional disregard |
of this Act or rules adopted under this Act. |
(3) Conviction by plea of guilty or nolo contendere, |
finding of guilt, jury verdict, or entry of judgment or by |
sentencing of any crime, including, but not limited to, |
convictions, preceding sentences of supervision, |
conditional discharge, or first offender probation, under |
the laws of any jurisdiction of the United States: (i) |
that is a felony or (ii) that is a misdemeanor, an |
essential element of which is dishonesty, or that is |
directly related to the practice of the profession. |
(4) Fraud or any misrepresentation in applying for or |
procuring a license under this Act or in connection with |
applying for renewal of a license under this Act. |
(5) Professional incompetence or gross negligence in |
the rendering of professional counseling or clinical |
professional counseling services. |
(6) Malpractice. |
(7) Aiding or assisting another person in violating |
any provision of this Act or any rules. |
|
(8) Failing to provide information within 60 days in |
response to a written request made by the Department. |
(9) Engaging in dishonorable, unethical, or |
unprofessional conduct of a character likely to deceive, |
defraud, or harm the public and violating the rules of |
professional conduct adopted by the Department. |
(10) Habitual or excessive use or abuse of drugs as |
defined in law as controlled substances, alcohol, or any |
other substance which results in inability to practice |
with reasonable skill, judgment, or safety. |
(11) Discipline by another jurisdiction, the District |
of Columbia, territory, county, or governmental agency, if |
at least one of the grounds for the discipline is the same |
or substantially equivalent to those set forth in this |
Section. |
(12) Directly or indirectly giving to or receiving |
from any person, firm, corporation, partnership, or |
association any fee, commission, rebate or other form of |
compensation for any professional service not actually |
rendered. Nothing in this paragraph (12) affects any bona |
fide independent contractor or employment arrangements |
among health care professionals, health facilities, health |
care providers, or other entities, except as otherwise |
prohibited by law. Any employment arrangements may include |
provisions for compensation, health insurance, pension, or |
other employment benefits for the provision of services |
|
within the scope of the licensee's practice under this |
Act. Nothing in this paragraph (12) shall be construed to |
require an employment arrangement to receive professional |
fees for services rendered. |
(13) A finding by the Board that the licensee, after |
having the license placed on probationary status, has |
violated the terms of probation. |
(14) Abandonment of a client. |
(15) Willfully filing false reports relating to a |
licensee's practice, including but not limited to false |
records filed with federal or State agencies or |
departments. |
(16) Willfully failing to report an instance of |
suspected child abuse or neglect as required by the Abused |
and Neglected Child Reporting Act and in matters |
pertaining to suspected abuse, neglect, financial |
exploitation, or self-neglect of adults with disabilities |
and older adults as set forth in the Adult Protective |
Services Act. |
(17) Being named as a perpetrator in an indicated |
report by the Department of Children and Family Services |
pursuant to the Abused and Neglected Child Reporting Act, |
and upon proof by clear and convincing evidence that the |
licensee has caused a child to be an abused child or |
neglected child as defined in the Abused and Neglected |
Child Reporting Act. |
|
(18) Physical or mental illness or disability, |
including, but not limited to, deterioration through the |
aging process or loss of abilities and skills which |
results in the inability to practice the profession with |
reasonable judgment, skill, or safety. |
(19) Solicitation of professional services by using |
false or misleading advertising. |
(20) Allowing one's license under this Act to be used |
by an unlicensed person in violation of this Act. |
(21) A finding that licensure has been applied for or |
obtained by fraudulent means. |
(22) Practicing under a false or, except as provided |
by law, an assumed name. |
(23) Gross and willful overcharging for professional |
services including filing statements for collection of |
fees or moneys monies for which services are not rendered. |
(24) Rendering professional counseling or clinical |
professional counseling services without a license or |
practicing outside the scope of a license. |
(25) Clinical supervisors failing to adequately and |
responsibly monitor supervisees. |
All fines imposed under this Section shall be paid within |
60 days after the effective date of the order imposing the |
fine. |
(b) (Blank). |
(b-5) The Department may refuse to issue or may suspend |
|
without hearing, as provided for in the Code of Civil |
Procedure, the license of any person who fails to file a |
return, pay the tax, penalty, or interest shown in a filed |
return, or pay any final assessment of the tax, penalty, or |
interest as required by any tax Act administered by the |
Illinois Department of Revenue, until such time as the |
requirements of any such tax Act are satisfied in accordance |
with subsection (g) of Section 2105-15 of the Department of |
Professional Regulation Law of the Civil Administrative Code |
of Illinois. |
(b-10) In cases where the Department of Healthcare and |
Family Services has previously determined a licensee or a |
potential licensee is more than 30 days delinquent in the |
payment of child support and has subsequently certified the |
delinquency to the Department, the Department may refuse to |
issue or renew or may revoke or suspend that person's license |
or may take other disciplinary action against that person |
based solely upon the certification of delinquency made by the |
Department of Healthcare and Family Services in accordance |
with item (5) of subsection (a) of Section 2105-15 of the |
Department of Professional Regulation Law of the Civil |
Administrative Code of Illinois. |
(c) The determination by a court that a licensee is |
subject to involuntary admission or judicial admission as |
provided in the Mental Health and Developmental Disabilities |
Code will result in an automatic suspension of his or her |
|
license. The suspension will end upon a finding by a court that |
the licensee is no longer subject to involuntary admission or |
judicial admission, the issuance of an order so finding and |
discharging the patient, and the recommendation of the Board |
to the Secretary that the licensee be allowed to resume |
professional practice. |
(c-1) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a professional counselor or clinical professional |
counselor based solely upon the professional counselor or |
clinical professional counselor authorizing, recommending, |
aiding, assisting, referring for, or otherwise participating |
in any health care service, so long as the care was not |
unlawful under the laws of this State, regardless of whether |
the patient was a resident of this State or another state. |
(c-2) The Department shall not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a professional counselor or clinical professional |
counselor based upon the professional counselor's or clinical |
professional counselor's license being revoked or suspended, |
or the professional counselor or clinical professional |
counselor being otherwise disciplined by any other state, if |
|
that revocation, suspension, or other form of discipline was |
based solely on the professional counselor or clinical |
professional counselor violating another state's laws |
prohibiting the provision of, authorization of, recommendation |
of, aiding or assisting in, referring for, or participation in |
any health care service if that health care service as |
provided would not have been unlawful under the laws of this |
State and is consistent with the standards of conduct for a |
professional counselor or clinical professional counselor |
practicing in Illinois. |
(c-3) The conduct specified in subsection subsections |
(c-1) , and (c-2) , (c-6), or (c-7) shall not constitute grounds |
for suspension under Section 145. |
(c-4) An applicant seeking licensure, certification, or |
authorization pursuant to this Act who has been subject to |
disciplinary action by a duly authorized professional |
disciplinary agency of another jurisdiction solely on the |
basis of having authorized, recommended, aided, assisted, |
referred for, or otherwise participated in health care shall |
not be denied such licensure, certification, or authorization, |
unless the Department determines that such action would have |
constituted professional misconduct in this State; however, |
nothing in this Section shall be construed as prohibiting the |
Department from evaluating the conduct of such applicant and |
making a determination regarding the licensure, certification, |
or authorization to practice a profession under this Act. |
|
(c-5) In enforcing this Act, the Department, upon a |
showing of a possible violation, may compel an individual |
licensed to practice under this Act, or who has applied for |
licensure under this Act, to submit to a mental or physical |
examination, or both, as required by and at the expense of the |
Department. The Department may order the examining physician |
to present testimony concerning the mental or physical |
examination of the licensee or applicant. No information shall |
be excluded by reason of any common law or statutory privilege |
relating to communications between the licensee or applicant |
and the examining physician. The examining physicians shall be |
specifically designated by the Department. The individual to |
be examined may have, at his or her own expense, another |
physician of his or her choice present during all aspects of |
this examination. The examination shall be performed by a |
physician licensed to practice medicine in all its branches. |
Failure of an individual to submit to a mental or physical |
examination, when directed, shall result in an automatic |
suspension without hearing. |
All substance-related violations shall mandate an |
automatic substance abuse assessment. Failure to submit to an |
assessment by a licensed physician who is certified as an |
addictionist or an advanced practice registered nurse with |
specialty certification in addictions may be grounds for an |
automatic suspension. |
If the Department finds an individual unable to practice |
|
or unfit for duty because of the reasons set forth in this |
subsection (c-5), the Department may require that individual |
to submit to a substance abuse evaluation or treatment by |
individuals or programs approved or designated by the |
Department, as a condition, term, or restriction for |
continued, restored, or renewed licensure to practice; or, in |
lieu of evaluation or treatment, the Department may file, or |
the Board may recommend to the Department to file, a complaint |
to immediately suspend, revoke, or otherwise discipline the |
license of the individual. An individual whose license was |
granted, continued, restored, renewed, disciplined, or |
supervised subject to such terms, conditions, or restrictions, |
and who fails to comply with such terms, conditions, or |
restrictions, shall be referred to the Secretary for a |
determination as to whether the individual shall have his or |
her license suspended immediately, pending a hearing by the |
Department. |
A person holding a license under this Act or who has |
applied for a license under this Act who, because of a physical |
or mental illness or disability, including, but not limited |
to, deterioration through the aging process or loss of motor |
skill, is unable to practice the profession with reasonable |
judgment, skill, or safety, may be required by the Department |
to submit to care, counseling, or treatment by physicians |
approved or designated by the Department as a condition, term, |
or restriction for continued, reinstated, or renewed licensure |
|
to practice. Submission to care, counseling, or treatment as |
required by the Department shall not be considered discipline |
of a license. If the licensee refuses to enter into a care, |
counseling, or treatment agreement or fails to abide by the |
terms of the agreement, the Department may file a complaint to |
revoke, suspend, or otherwise discipline the license of the |
individual. The Secretary may order the license suspended |
immediately, pending a hearing by the Department. Fines shall |
not be assessed in disciplinary actions involving physical or |
mental illness or impairment. |
In instances in which the Secretary immediately suspends a |
person's license under this Section, a hearing on that |
person's license must be convened by the Department within 15 |
days after the suspension and completed without appreciable |
delay. The Department shall have the authority to review the |
subject individual's record of treatment and counseling |
regarding the impairment to the extent permitted by applicable |
federal statutes and regulations safeguarding the |
confidentiality of medical records. |
An individual licensed under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate |
to the Department that he or she can resume practice in |
compliance with acceptable and prevailing standards under the |
provisions of his or her license. |
(c-6) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
|
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a professional counselor or clinical professional |
counselor based solely upon an immigration violation by the |
counselor. |
(c-7) The Department may not revoke, suspend, summarily |
suspend, place on prohibition, reprimand, refuse to issue or |
renew, or take any other disciplinary or non-disciplinary |
action against the license or permit issued under this Act to |
practice as a professional counselor or clinical professional |
counselor based upon the professional counselor's or clinical |
professional counselor's license being revoked or suspended, |
or the professional counselor or clinical professional |
counselor being otherwise disciplined by any other state, if |
that revocation, suspension, or other form of discipline was |
based solely upon an immigration violation by the counselor. |
(d) (Blank). |
(e) The Department may adopt rules to implement the |
changes made by this amendatory Act of the 102nd General |
Assembly. |
(Source: P.A. 102-878, eff. 1-1-23; 102-1117, eff. 1-13-23.) |
|
INDEX
|
Statutes amended in order of appearance
| | 225 ILCS 20/7 | from Ch. 111, par. 6357 | | 225 ILCS 20/7.5 | | | 225 ILCS 20/8.3 new | | | 225 ILCS 20/19 | from Ch. 111, par. 6369 | | 225 ILCS 55/30 | from Ch. 111, par. 8351-30 | | 225 ILCS 55/32 | | | 225 ILCS 55/37 new | | | 225 ILCS 55/85 | from Ch. 111, par. 8351-85 | | 225 ILCS 107/37 | | | 225 ILCS 107/43 new | | | 225 ILCS 107/50 | | | 225 ILCS 107/80 | |
|
|