[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0362
SB1130 Enrolled LRB9100877ACdvA
AN ACT in relation to marriage and family therapy.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Marriage and Family Therapy Licensing Act
is amended by changing Sections 5, 10, 15, 40, 45, 70, 85,
90, 145, and 170 as follows:
(225 ILCS 55/5) (from Ch. 111, par. 8351-5)
Sec. 5. Legislative declaration of public policy. The
practice of marriage and family therapy in Illinois is hereby
declared to affect the public health, safety and welfare, and
to be subject to regulations in the public interest. The
purpose of this Act is to establish standards of
qualifications for marriage and family therapists and license
marriage and family therapists and associate marriage and
family therapists who meet these standards, thereby
protecting the public from persons who are unauthorized or
unqualified to represent themselves as licensed marriage and
family therapists or associate licensed marriage and family
therapists, and from unprofessional conduct by persons
licensed to practice marriage and family therapy.
(Source: P.A. 87-783.)
(225 ILCS 55/10) (from Ch. 111, par. 8351-10)
Sec. 10. Definitions. As used in this Act:
"Advertise" means, but is not limited to, issuing or
causing to be distributed any card, sign or device to any
person; or causing, permitting or allowing any sign or
marking on or in any building, structure, newspaper, magazine
or directory, or on radio or television; or advertising by
any other means designed to secure public attention.
"Approved program" means an approved comprehensive
program of study in marriage and family therapy in a
regionally accredited educational institution approved by the
Department for the training of marriage and family
therapists.
"Associate licensed marriage and family therapist" means
a person to whom an associate marriage and family therapist
license has been issued under this Act.
"Board" means the Illinois Marriage and Family Therapy
Licensing and Disciplinary Board.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of the Department of
Professional Regulation.
"License" means that which is required to practice
marriage and family therapy under this Act, the
qualifications for which include specific education,
acceptable experience and examination requirements.
"Licensed marriage and family therapist" means a person
to whom a marriage and family therapist license has been
issued under this Act.
"Marriage and family therapy" means the evaluation and
treatment of mental and emotional problems within the context
of human relationships. Marriage and family therapy involves
the use of psychotherapeutic methods to ameliorate
interpersonal and intrapersonal conflict and to modify
perceptions, beliefs and behavior in areas of human life that
include, but are not limited to, premarriage, marriage,
sexuality, family, divorce adjustment, and parenting.
"Person" means any individual, firm, corporation,
partnership, organization, or body politic.
"Practice of marriage and family therapy" means the
rendering of marriage and family therapy services to
individuals, couples, and families as defined in this
Section, either singly or in groups, whether the services are
offered directly to the general public or through
organizations, either public or private, for a fee, monetary
or otherwise.
"Title or description" means to hold oneself out as a
licensed marriage and family therapist or an associate
licensed marriage and family therapist to the public by means
of stating on signs, mailboxes, address plates, stationery,
announcements, calling cards or other instruments of
professional identification.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/15) (from Ch. 111, par. 8351-15)
Sec. 15. Exemptions.
(a) Nothing contained in this Act shall restrict any
person not licensed under this Act from performing marriage
and family therapy if that person does not represent himself
or herself as a "licensed marriage and family therapist" or
an "associate licensed marriage and family therapist".
(b) Nothing in this Act shall be construed as permitting
persons licensed as marriage and family therapists to engage
in any manner in the practice of medicine as defined in the
laws of this State.
(c) Nothing in this Act shall be construed to prevent
qualified members of other professional groups, including but
not limited to clinical psychologists, social workers,
counselors, attorneys at law, or psychiatric nurses, from
performing or advertising that they perform the work of a
marriage and family therapist consistent with the laws of
this State, their training, and any code of ethics of their
respective professions, provided they do not represent
themselves by any title or description as a licensed marriage
and family therapist or an associate licensed marriage and
family therapist.
(d) Nothing in this Act shall be construed to prevent
any person from the bona fide practice of the doctrines of an
established church or religious denomination if the person
does not hold himself or herself out to be a licensed
marriage and family therapist or an associate licensed
marriage and family therapist.
(e) Nothing in this Act shall prohibit self-help groups
or programs or not-for-profit organizations from providing
services so long as these groups, programs, or organizations
do not hold themselves out as practicing or being able to
practice marriage and family therapy.
(f) This Act does not prohibit:
(1) A person from practicing marriage and family
therapy as part of his or her duties as an employee of a
recognized academic institution, or a federal, State,
county, or local governmental institution or agency while
performing those duties for which he or she was employed
by the institution, agency or facility.
(2) A person from practicing marriage and family
therapy as part of his or her duties as an employee of a
nonprofit organization consistent with the laws of this
State, his or her training, and any code of ethics of his
or her respective professions, provided the person does
not represent himself or herself as a "licensed marriage
and family therapist" or an "associate licensed marriage
and family therapist" under supervision in accordance
with this Act.
(3) A person from practicing marriage and family
therapy if the person is obtaining experience for
licensure as a marriage and family therapist, provided
the person is designated by a title that clearly
indicates training status.
(4) A person licensed in this State under any other
Act from engaging the practice for which he or she is
licensed.
(5) A person from practicing marriage and family
therapy if the person is a marriage and family therapist
regulated under the laws of another State, territory of
the United States or country and who has applied in
writing to the Department, on forms prepared and
furnished by the Department, for licensing as a marriage
and family therapist and who is qualified to receive
registration under Section 40 until the expiration of 6
months after the filing of the written application, the
withdrawal of the application, a notice of intent to deny
the application, or the denial of the application by the
Department.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/40) (from Ch. 111, par. 8351-40)
Sec. 40. Qualifications for licensure.
(a) A person is qualified for licensure as a marriage
and family therapist if that person:
(1) is at least 21 years of age;
(2) has applied in writing on forms prepared and
furnished by the Department;
(3) (blank);
(4) has not engaged or is not engaged in any
practice or conduct that would be grounds for
disciplining a licensee under Section 85 of this Act;
(5) satisfies the education and experience
requirements of subsection (b) of this Section; and
(6) passes a written examination authorized by the
Department.
(b) Any person who applies to the Department shall be
issued a marriage and family therapist license by the
Department if the person meets the qualifications set forth
in subsection (a) of this Section and provides evidence to
the Department that the person:
(1) holds a master's or doctoral degree in marriage
and family therapy approved by the Department from a
regionally accredited educational institution; holds a
master's or doctoral degree from a regionally accredited
educational institution in marriage and family therapy or
in a related field with an equivalent course of study in
marriage and family therapy that is recommended by the
Board and approved by the Department; or holds a master's
or doctoral degree from a program accredited by the
commission on accreditations for marriage and family
therapy education of the American Association for
Marriage and Family Therapists;
(2) following the receipt of the first qualifying
degree, has at least 2 years of experience, as defined by
rule, in the practice of marriage and family therapy,
including at least 1,000 hours of face-to-face contact
with couples and families for the purpose of evaluation
and treatment;
(3) has completed at least 200 hours of supervision
of marriage and family therapy, as defined by rule.
(c) Any person who applies to the Department shall be
issued a temporary license as an associate marriage and
family therapist by the Department if the person meets the
qualifications set forth in subsection (a)(1), (2), and (4)
of this Section and provides evidence to the Department that
the person meets the qualifications set forth in subsection
(b)(1) of this Section. The license as an associate licensed
marriage and family therapist shall not be valid for more
than 5 years.
An associate licensed marriage and family therapist may
not practice independently and must be clinically supervised
by a licensed marriage and family therapist or equivalent as
defined by rule.
An associate licensed marriage and family therapist may
petition the Department for a marriage and family therapist
license upon completion of the requirements in subsections
(a) and (b).
(Source: P.A. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)
(225 ILCS 55/45) (from Ch. 111, par. 8351-45)
Sec. 45. Licenses; renewals; restoration; person in
military service.
(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 under requirements
set forth in rules of the Department.
(b) Any person who has permitted his or her license to
expire may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of fitness to have his or her license
restored, which may include sworn evidence certifying to
active practice in another jurisdiction satisfactory to the
Department, complying with any continuing education
requirements, and paying the required restoration fee.
(c) If the person has not maintained an active practice
in another jurisdiction satisfactory to the Department, the
Board shall determine, by an evaluation program established
by rule, the person's fitness to resume active status and may
require the person to complete a period of evaluated clinical
experience and successful completion of a practical
examination.
However, any person whose license expired while (i) in
federal service on active duty with the Armed Forces of the
United States or called into service or training with the
State Militia, or (ii) 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 the service, training
or education, except under condition other than honorable, he
or she furnishes the Department with satisfactory evidence to
the effect that he or she has been so engaged and that the
service, training, or education has been so terminated.
(d) Any person who notifies the Department, in writing
on forms prescribed by the Department, may place his or her
license on inactive status and shall be excused from the
payment of renewal fees until the person notifies the
Department in writing of the intention to resume active
practice.
(e) Any person requesting his or her license be changed
from inactive to active status shall be required to pay the
current renewal fee and shall also demonstrate compliance
with the continuing education requirements.
(f) Any marriage and family therapist or associate
marriage and family therapist whose license is nonrenewed or
on inactive status shall not engage in the practice of
marriage and family therapy in the State of Illinois and use
the title or advertise that he or she performs the services
of a "licensed marriage and family therapist" or an
"associate marriage and family therapist".
(g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and
will be subject to the disciplinary provisions of this Act.
(h) (Blank).
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 55/70) (from Ch. 111, par. 8351-70)
Sec. 70. Privileged communications and exceptions.
(a) No licensed marriage and family therapist or
associate marriage and family therapist shall disclose any
information acquired from persons consulting the marriage and
family therapist or associate marriage and family therapist
in a professional capacity, except that which may be
voluntarily disclosed under the following circumstances:
(1) In the course of formally reporting,
conferring, or consulting with administrative superiors,
colleagues, or consultants who share professional
responsibility, in which instance all recipients of the
information are similarly bound to regard the
communications as privileged;
(2) With the written consent of the person who
provided the information;
(3) In case of death or disability, with the
written consent of a personal representative, other
person authorized to sue, or the beneficiary of an
insurance policy on the person's life, health, or
physical condition;
(4) When a communication reveals the intended
commission of a crime or harmful act and the disclosure
is judged necessary by the licensed marriage and family
therapist or associate marriage and family therapist to
protect any person from a clear, imminent risk of serious
mental or physical harm or injury, or to forestall a
serious threat to the public safety; or
(5) When the person waives the privilege by
bringing any public charges, criminal, or civil, against
the licensee.
(b) Any person having access to records or any one who
participates in providing marriage and family therapy
services or who, in providing any human services, is
supervised by a licensed marriage and family therapist, is
similarly bound to regard all information and communications
as privileged in accord with this Section.
(c) The Mental Health and Developmental Disabilities
Confidentiality Act is incorporated in this Act as if all of
its provisions were included in this Act.
(Source: P.A. 87-783.)
(225 ILCS 55/85) (from Ch. 111, par. 8351-85)
Sec. 85. Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on probation, fine,
or take any disciplinary action as the Department may deem
proper, including fines not to exceed $1000 for each
violation, with regard to any licensee for any one or
combination of the following causes:
(1) Material misstatement in furnishing information
to the Department.
(2) Violations of this Act or its rules.
(3) Conviction of any crime under the laws of the
United States or any state or territory thereof that is
(i) a felony, (ii) a misdemeanor, an essential element of
which is dishonesty, or (iii) a crime that is related to
the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this
Act or its rules.
(5) Professional incompetence or gross negligence.
(6) Malpractice.
(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 Board and published by the
Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Discipline by another state, territory, or
country 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.
(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.
(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) Wilfully 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 or mental disability, including
deterioration through the aging process, or loss of
abilities and skills 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 finding that licensure has been applied for
or obtained by fraudulent means.
(21) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(22) Gross overcharging for professional services
including filing statements for collection of fees or
moneys for which services are not rendered.
(b) The Department shall deny any application for a
license, without hearing, or renewal under this Act to any
person who has defaulted on an educational loan guaranteed by
the Illinois Student Assistance Commission; however, the
Department may issue a license or renewal if the person in
default has established a satisfactory repayment record as
determined by the Illinois Student Assistance Commission.
(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 Director that the licensee be allowed to
resume his or her practice as a licensed marriage and family
therapist or an associate marriage and family therapist.
(d) The Department may 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.
(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, as required by and at the
expense of the Department. The Department or Board 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
Board or 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.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension
of his or her license until the individual submits to the
examination if the Department finds, after notice and
hearing, that the refusal to submit to the examination was
without reasonable cause.
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
Director 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 Director 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 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.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 55/90) (from Ch. 111, par. 8351-90)
Sec. 90. Violations; injunctions; cease and desist
order.
(a) If any person violates a provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court 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.
(b) If any person practices as a marriage and family
therapist or an associate marriage and family therapist or
holds himself or herself out as such without having a valid
license under this Act, then any licensee, any interested
party or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a)
of this Section.
(c) Whenever in the opinion of the Department any 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 him or her. The rule shall clearly
set forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 90-61, eff. 12-30-97.)
(225 ILCS 55/145) (from Ch. 111, par. 8351-145)
Sec. 145. Summary suspension. The Director may summarily
suspend the license of a marriage and family therapist or an
associate marriage and family therapist without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in this Act, if the Director finds that
evidence in his or her possession indicates that a marriage
and family therapist's or associate marriage and family
therapist's continuation in practice would constitute an
imminent danger to the public. In the event that the
Director summarily suspends the license of a marriage and
family therapist or an associate marriage and family
therapist without a hearing, a hearing by the Board must be
held within 30 calendar days after the suspension has
occurred.
(Source: P.A. 87-783; 87-1237.)
(225 ILCS 55/170) (from Ch. 111, par. 8351-170)
Sec. 170. Home rule. The regulation and licensing of
marriage and family therapists and associate marriage and
family therapists are exclusive powers and functions of the
State. A home rule unit may not regulate or license marriage
and family therapists or associate marriage and family
therapists. This Section is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6
of Article VII of the Illinois Constitution.
(Source: P.A. 87-783.)
Section 99. Effective date. This Act takes effect on
January 1, 2000.
[ Top ]