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Public Act 094-0870


 

Public Act 0870 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0870
 
SB2297 Enrolled LRB094 18618 RAS 53964 b

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 Acts repealed on January 1, 2007.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are repealed on January 1, 2007: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 Act repealed on January 1, 2017.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Act is repealed on January 1, 2017: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    (Section scheduled to be repealed on January 1, 2007)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

Effective Date: 6/16/2006