Public Act 90-0473 of the 90th General Assembly
Public Act 90-0473
HB1664 Enrolled LRB9004113DPcc
AN ACT to amend the Clinical Psychologist Licensing Act
by changing Sections 2 and 3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Psychologist Licensing Act is
amended by changing Sections 2 and 3 as follows:
(225 ILCS 15/2) (from Ch. 111, par. 5352)
(Text of Section before amendment by P.A. 89-702)
Sec. 2. As used in this Act:
(1) "Department" means the Department of
Professional Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Committee" means the Clinical Psychologists
Licensing and Disciplinary Committee appointed by the
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
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. 88-370.)
(Text of Section after amendment by P.A. 89-702)
Sec. 2. Definitions. As used in this Act:
(1) "Department" means the Department of
Professional Regulation.
(2) "Director" means the Director of Professional
Regulation.
(3) "Board" means the Clinical Psychologists
Licensing and Disciplinary Board appointed by the
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. 88-370; 89-702, eff. 7-1-97.)
(225 ILCS 15/3) (from Ch. 111, par. 5353)
(Text of Section before amendment by P.A. 89-702)
Sec. 3. (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 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 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 to a corporation, the stated
purpose of which includes or which practices or which holds
itself out as available to practice clinical psychology
unless it is organized under the provisions of the
Professional Service Corporation Act, approved September 15,
1969, as amended.
(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 salaried position, and insofar that such
services are performed solely on behalf of his 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.
(Source: P.A. 88-370.)
(Text of Section after amendment by P.A. 89-702)
Sec. 3. Necessity of license; corporations,
partnerships, and associations.
(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.
(Source: P.A. 88-370; 89-702, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.