TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1280 SEX OFFENDER EVALUATION AND TREATMENT PROVIDER ACT
SECTION 1280.120 CONTINUING EDUCATION
Section 1280.120 Continuing Education
a) Continuing Education (CE) Hours Requirements
1) In order to renew a license, a licensee shall be required to complete 20 hours of CE in the area of sex offender treatment and evaluation.
2) A prerenewal period is the 24 months proceeding July 31 of each odd-numbered year.
3) One CE hour shall equal one clock hour of attendance. After completion of the initial CE hour, credit may be given in one-half hour increments.
4) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.
5) Individuals licensed under the Act in Illinois but residing and practicing in other states shall comply with the CE requirement set forth in this Section.
6) CE credit hours used to satisfy the CE requirements of another jurisdiction maybe applied to fulfill the CE requirements of the State of Illinois.
7) CE credit hours completed pursuant to this Section may be used to satisfy the CE requirements under other related Acts.
b) Approved Continuing Education
1) CE hours shall be earned by verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program or course (program) that is offered or sponsored by an approved CE sponsor who meets the requirements set forth in subsection (c), except for those activities provided in subsections (b)(2) or (3).
2) CE credit may be earned through postgraduate training programs (e.g., extern, residency or fellowship programs) or completion of graduate level related courses that are a part of the curriculum of a college, university or graduate school. Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 15 CE hours for each semester hour or 10 CE hours for each quarter hour of school credit awarded. Courses that are audited shall not satisfy the requirements of this Section.
3) CE credit may be earned for verified teaching of treatment and/or evaluation of sexual offenders in an accredited college, university or graduate school and/or as an instructor of CE programs given by approved sponsors. Credit will be applied at the rate of 1.5 hours for every hour taught and only for the first presentation of the program (i.e., credit shall not be allowed for repetitious presentations of the same program). A maximum of 10 hours of CE credit must by obtained in this category per prerenewal period.
c) Approved CE Sponsors and Programs
1) Sponsor, as used in this Section, shall mean:
A) American Psychological Association or its affiliates
B) National Association of Social Work or its affiliates
C) American Association for Marriage and Family Therapy or its affiliates
D) American Medical Association or its affiliates
E) Illinois Psychological Association or its affiliates
F) Association for the Treatment of Sexual Abusers
G) Illinois Association for Treatment of Sexual Abusers
H) American Counseling Association or its affiliates
J) American Nurse Credentialing Center or its affiliates
K) Authorized CE providers under the Marriage and Family Therapy Licensing Act
L) Authorized CE providers under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act
M) Authorized CE providers under the Clinical Psychologist Licensing Act
N) Authorized CE providers under the Clinical Social Work and Social Work Practice Act
O) Authorized CE providers under the Nurse Practice Act
P) Authorized CE providers under the Medical Practice Act of 1987
Q) Any regionally accredited school, college or university, or any State agency
R) American Probation and Parole Association
2) All programs shall:
A) Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the treatment and/or evaluation of sexual offenders;
B) Foster the enhancement of general or specialized clinical sexual offender treatment and evaluation practice and values;
C) Be developed and presented by persons with education and/or experience in the subject matter of the program;
D) Specify the course objectives, course content and teaching methods to be used; and
E) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.
3) Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants. The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed at a later date. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.
4) An approved sponsor may subcontract with individuals and organizations to provide approved programs. All advertising, promotional materials, and certificates of attendance must identify the licensed sponsor and the sponsor's license number. The presenter of the program may also be identified, but should be identified as a presenter. When a licensed sponsor subcontracts with a presenter, the licensed sponsor retains all responsibility for monitoring attendance, providing certificates of attendance, and ensuring the program meets all of the criteria established by the Act and this Part, including the maintenance of records.
5) All programs given by approved sponsors shall be open to all licensees and not be limited to members of a single organization or group.
6) Certification of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:
A) The name, address and license number of the sponsor;
B) The name and address of the participant;
C) A brief statement of the subject matter;
D) The number of hours attended in each program;
E) The date and place of the program; and
F) The signature of the sponsor or person responsible for the CE program.
7) The sponsor shall maintain attendance records for not less than 5 years.
8) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.
9) Upon the failure of a sponsor to comply with any of the requirements of this Section, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until the Division receives assurances of compliance with requirements of this Section.
10) Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with this Section.
d) Certification of Compliance with CE Requirements
1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in this Section.
2) The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificate of attendance). This additional evidence shall be required in the context of the Division's random audit. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance for the previous 8 years.
3) When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board. At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100/10-65].
e) Continuing Education Earned in Other Jurisdictions
1) If a licensee has earned or is seeking CE hours offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days after expiration of the license. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(2).
2) If a licensee fails to submit an out-of-state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $50 per CE hour late fee not to exceed $300. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(2).
f) Restoration of Nonrenewed License. Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the license upon payment of the fee required by Section 1280.100.
g) Waiver of CE Requirements
1) Any applicant for renewal of a license who has not fully complied with the CE requirements of this Section shall file with the Division a renewal application, along with the required fee, a statement setting forth the facts concerning noncompliance, and a request for waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Division finds, upon the written recommendation of the Board and from the affidavit or any other evidence submitted, that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.
2) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:
A) Full-time service in the armed forces of the United States of America during a substantial part of the prerenewal period;
B) An incapacitating illness documented by a statement from a currently licensed physician, advanced practice nurse or physician assistant, or an incapacitating mental illness documented by a statement by a currently licensed clinical psychologist or Board-certified psychiatrist;
C) A physical inability to travel to the sites of approved programs documented by a currently licensed physician or advanced practice nurse; or
D) Any other similar extenuating circumstances.
3) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section, shall be deemed to be in good standing until the final decision on the application is made by the Division.