Public Act 90-0473 of the 90th General Assembly

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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.

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