100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0768

 

Introduced 2/1/2017, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Clinical Social Work and Social Work Practice Act from January 1, 2018 to January 1, 2028. Amends the Clinical Social Work and Social Work Practice Act. Makes changes in provisions concerning definitions, exemptions, powers and duties of the Department of Financial and Professional Regulation, the Social Work Examining and Disciplinary Board, applications for original license, change of address, qualifications for clinical social worker licenses and licensed social worker licenses, license restrictions and limitations, grounds for disciplinary action, investigations, notices and hearings, findings and recommendations, motions for rehearing, appointment of a hearing officer, restoration of a license, summary suspension of a license, and certification of records. Makes other changes. Effective immediately.


LRB100 05742 SMS 15765 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0768LRB100 05742 SMS 15765 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.28 and by adding Section 4.38 as follows:
 
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.
17    The Pharmacy Practice Act.
18    The Home Medical Equipment and Services Provider License
19Act.
20    The Marriage and Family Therapy Licensing Act.
21    The Nursing Home Administrators Licensing and Disciplinary
22Act.
23    The Physician Assistant Practice Act of 1987.

 

 

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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
 
6    (5 ILCS 80/4.38 new)
7    Sec. 4.38. Act repealed on January 1, 2028. The following
8Act is repealed on January 1, 2028:
9    The Clinical Social Work and Social Work Practice Act.
 
10    Section 10. The Clinical Social Work and Social Work
11Practice Act is amended by changing Sections 3, 4, 5, 6, 7,
127.3, 9, 9A, 10, 14, 19, 21, 22, 25, 26, 28, 30, 31, 32, 33, 34,
1336, and 37 as follows:
 
14    (225 ILCS 20/3)  (from Ch. 111, par. 6353)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 3. Definitions. : The following words and phrases shall
17have the meanings ascribed to them in this Section unless the
18context clearly indicates otherwise:
19    1. "Department" means the Department of Financial and
20Professional Regulation.
21    2. "Secretary" means the Secretary of Financial and
22Professional Regulation.
23    3. "Board" means the Social Work Examining and Disciplinary

 

 

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1Board.
2    4. "Licensed Clinical Social Worker" means a person who
3holds a license authorizing the independent practice of
4clinical social work in Illinois under the auspices of an
5employer or in private practice or under the auspices of public
6human service agencies or private, nonprofit agencies
7providing publicly sponsored human services.
8    5. "Clinical social work practice" means the providing of
9mental health services for the evaluation, treatment, and
10prevention of mental and emotional disorders in individuals,
11families, and groups based on knowledge and theory of
12professionally accepted theoretical structures, including, but
13not limited to, psychosocial development, behavior,
14psychopathology, unconscious motivation, interpersonal
15relationships, and environmental stress.
16    6. "Treatment procedures" means among other things,
17individual, marital, family, and group psychotherapy.
18    7. "Independent practice of clinical social work" means the
19application of clinical social work knowledge and skills by a
20licensed clinical social worker who regulates and is
21responsible for her or his own practice or treatment
22procedures.
23    8. "License" means that which is required to practice
24clinical social work or social work under this Act, the
25qualifications for which include specific education,
26acceptable experience, and examination requirements.

 

 

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1    9. "Licensed social worker" means a person who holds a
2license authorizing the practice of social work, which includes
3social services to individuals, groups or communities in any
4one or more of the fields of social casework, social group
5work, community organization for social welfare, social work
6research, social welfare administration, or social work
7education. Social casework and social group work may also
8include clinical social work, as long as it is not conducted in
9an independent practice, as defined in this Section.
10    10. "Address of record" means the address recorded by the
11Department in the applicant's application file or the
12licensee's application file or license file, as maintained by
13the Department's licensure maintenance unit.
14    11. "Email address of record" means the designated email
15address recorded by the Department in the applicant's
16application file or the licensee's license file, as maintained
17by the Department's licensure maintenance unit.
18(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)
 
19    (225 ILCS 20/4)  (from Ch. 111, par. 6354)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 4. Exemptions.
22    1. This Act does not prohibit any of the following:
23        (a) Any persons legally regulated in this State under
24    any other Act from engaging in the practice for which they
25    are authorized, provided that they do not represent

 

 

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1    themselves by any title as being engaged in the independent
2    practice of clinical social work or the practice of social
3    work as defined in this Act, nor does it prohibit the
4    practice of nonregulated professions whose practitioners
5    are engaged in the delivery of human services, provided
6    such practitioners do not represent themselves as or use
7    the title of clinical social worker or social worker.
8        (b) The practice of clinical social work or social work
9    by a person who is employed by the United States government
10    or by the State of Illinois, unit of local government or
11    any bureau, division or agency thereof while in the
12    discharge of the employee's official duties. Clinical
13    social workers employed by the State of Illinois who are
14    hired after the effective date of this amendatory Act of
15    1994 shall hold a valid license, issued by this State, to
16    practice as a licensed clinical social worker, except for
17    those clinical social workers employed by the State who
18    obtain their positions through promotion.
19        (c) The practice of a student pursuing a course of
20    professional education under the terms of this Act, if
21    these activities and services constitute a part of such
22    student's supervised course of study.
23        (d) A person from practicing social work if the person
24    is obtaining experience for licensure as a clinical social
25    worker or social worker, provided the person is designated
26    by a title that clearly indicates training status.

 

 

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1    2. Nothing in this Act shall be construed to apply to any
2person engaged in the bona fide practice of religious ministry
3provided the person does not hold himself out to be engaged in
4the independent practice of clinical social work or the
5practice of social work.
6    3. This Act does not prohibit a person serving as a
7volunteer so long as no representation prohibited by this
8Section is made.
9    4. Nothing contained in this Act shall be construed to
10require any hospital, clinic, home health agency, hospice, or
11other entity which provides health care to employ or to
12contract with a licensed clinical social worker to provide
13clinical social work practice or the independent practice of
14clinical social work as described in this Act.
15(Source: P.A. 88-620, eff. 1-1-95.)
 
16    (225 ILCS 20/5)  (from Ch. 111, par. 6355)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 5. Powers and duties of the Department. Subject to the
19provisions of this Act, the 1. The Department shall exercise
20the following functions, powers, and duties: as set forth in
21this Act.
22        (1) Conduct or authorize examinations to ascertain the
23    qualifications and fitness of candidates for a license to
24    engage in the independent practice of clinical social work
25    and in the practice of social work, pass upon the

 

 

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1    qualifications of applicants for licenses, and issue
2    licenses to those who are found to be fit and qualified.
3        (2) Adopt rules required for the administration and
4    enforcement of this Act.
5        (3) Adopt rules for determining approved undergraduate
6    and graduate social work degree programs and prepare and
7    maintain a list of colleges and universities offering such
8    approved programs whose graduates, if they otherwise meet
9    the requirements of this Act, are eligible to apply for a
10    license.
11        (4) Prescribe forms to be issued for the administration
12    and enforcement of this Act.
13        (5) Conduct investigations related to possible
14    violations of this Act.
15        (6) Maintain rosters of the names and addresses of all
16    persons who hold valid licenses under this Act. These
17    rosters shall be available upon written request and payment
18    of the required fee.
19    2. The Secretary shall promulgate rules consistent with the
20provisions of this Act for the administration and enforcement
21thereof, and shall prescribe forms which shall be issued in
22connection therewith.
23    3. In addition, the Department shall:
24        (a) Establish rules for determining approved
25    undergraduate and graduate social work degree programs and
26    prepare and maintain a list of colleges and universities

 

 

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1    offering such approved programs whose graduates, if they
2    otherwise meet the requirements of this Act, are eligible
3    to apply for a license.
4        (b) Promulgate rules, as may be necessary, for the
5    administration of this Act and to carry out the purposes
6    thereof and to adopt the methods of examination of
7    candidates and to provide for the issuance of licenses
8    authorizing the independent practice of clinical social
9    work or the practice of social work.
10        (c) Authorize examinations to ascertain the
11    qualifications and fitness of candidates for a license to
12    engage in the independent practice of clinical social work
13    and in the practice of social work, and to determine the
14    qualifications of applicants from other jurisdictions to
15    practice in Illinois.
16        (d) Maintain rosters of the names and addresses of all
17    licensees, and all persons whose licenses have been
18    suspended, revoked or denied renewal for cause within the
19    previous calendar year. These rosters shall be available
20    upon written request and payment of the required fee.
21(Source: P.A. 95-687, eff. 10-23-07.)
 
22    (225 ILCS 20/6)  (from Ch. 111, par. 6356)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 6. Social Work Examining and Disciplinary Board.
25    (1) The Secretary shall appoint a Social Work Examining and

 

 

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1Disciplinary Board consisting of 9 persons who shall serve in
2an advisory capacity to the Secretary. The Board shall be
3composed of 6 licensed clinical social workers, one of whom
4shall be employed in a public human service agency, one of whom
5shall be a certified school social worker, one of whom shall be
6employed in the private not-for-profit sector and one of whom
7shall serve as the chairperson, 2 two licensed social workers,
8and one member of the public who is not regulated under this
9Act or a similar Act and who clearly represents consumer
10interests.
11    (2) Members shall serve for a term of 4 years each, except
12that any person chosen to fill a vacancy shall be appointed
13only for the unexpired term of the Board member whom he or she
14shall succeed. Upon the expiration of this term of office, a
15Board member shall continue to serve until a successor is and
16until their successors are appointed and qualified. No member
17shall serve more than 2 consecutive 4-year terms be reappointed
18if such reappointment would cause that person's service on the
19Board to be longer than 8 successive years. Appointments to
20fill vacancies for the unexpired portion of a vacated term
21shall be made in the same manner as original appointments.
22    (3) The membership of the Board should represent racial and
23cultural diversity and reasonably reflect representation from
24different geographic areas of Illinois.
25    (4) The Secretary may terminate the appointment of any
26member for cause.

 

 

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1    (5) The Secretary may shall consider the recommendation of
2the Board on all matters and questions relating to this Act,
3such as matters relating to continuing education, including the
4number of hours necessary for license renewal, waivers for
5those unable to meet such requirements, and acceptable course
6content.
7    (6) (Blank). The Board is charged with the duties and
8responsibilities of recommending to the Secretary the adoption
9of all policies, procedures and rules which may be required or
10deemed advisable in order to perform the duties and functions
11conferred on the Board, the Secretary and the Department to
12carry out the provisions of this Act.
13    (7) (Blank). The Board may make recommendations on all
14matters relating to continuing education including the number
15of hours necessary for license renewal, waivers for those
16unable to meet such requirements and acceptable course content.
17Such recommendations shall not impose an undue burden on the
18Department or an unreasonable restriction on those seeking
19license renewal.
20    (8) The Board shall annually elect one of its members as
21chairperson and one as vice chairperson.
22    (9) Members of the Board shall be reimbursed for all
23authorized legitimate, and necessary, and authorized expenses
24incurred in attending the meetings of the Board.
25    (10) A majority of the Board members currently appointed
26shall constitute a quorum. A vacancy in the membership of the

 

 

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1Board shall not impair the right of a quorum to perform all of
2the duties of the Board.
3    (11) Members of the Board shall have no liability in an
4action based upon a disciplinary proceeding or other activity
5performed in good faith as a member of the Board.
6(Source: P.A. 95-687, eff. 10-23-07.)
 
7    (225 ILCS 20/7)  (from Ch. 111, par. 6357)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 7. Applications for original license. Applications
10for original licenses shall be made to the Department on forms
11or electronically as prescribed by the Department and
12accompanied by the required fee which shall not be refundable.
13All applications shall contain such information which, in the
14judgment of the Department, will enable the Department to pass
15on the qualifications of the applicant for a license as a
16licensed clinical social worker or as a licensed social worker.
17    A license to practice shall not be denied an applicant
18because of the applicant's race, religion, creed, national
19origin, political beliefs or activities, age, sex, sexual
20orientation, or physical disability that does not affect a
21person's ability to practice with reasonable judgment, skill,
22or safety impairment.
23    Applicants have 3 years from the date of application to
24complete the application process. If the process has not been
25completed in 3 years, the application shall be denied, the fee

 

 

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1shall be forfeited, and the applicant must reapply and meet the
2requirements in effect at the time of reapplication.
3(Source: P.A. 90-150, eff. 12-30-97.)
 
4    (225 ILCS 20/7.3)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 7.3. Address of record; email address of record Change
7of address. All applicants and licensees shall:
8        (1) provide a valid address and email address to the
9    Department, which shall serve as the address of record and
10    email address of record, respectively, at the time of
11    application for licensure or renewal of a license; and
12        (2) An applicant or licensee must inform the Department
13    of any change of address of record or email address of
14    record within 14 days after , and such change changes must
15    be made either through the Department's website or by
16    contacting the Department's licensure maintenance unit.
17(Source: P.A. 95-687, eff. 10-23-07.)
 
18    (225 ILCS 20/9)  (from Ch. 111, par. 6359)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 9. Qualifications Qualification for clinical social
21worker license. A person shall be qualified to be licensed as a
22clinical social worker if that person and the Department shall
23issue a license authorizing the independent practice of
24clinical social work to an applicant who:

 

 

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1        (1) has applied in writing on the prescribed form;
2        (2) is of good moral character. In determining good
3    moral character, the Department may take into
4    consideration whether the applicant was engaged in conduct
5    or actions that would constitute grounds for discipline
6    under this Act;
7        (3)(a) (A) demonstrates to the satisfaction of the
8    Department that subsequent to securing a master's degree in
9    social work from an approved program the applicant has
10    successfully completed at least 3,000 hours of
11    satisfactory, supervised clinical professional experience;
12    or
13        (b) (B) demonstrates to the satisfaction of the
14    Department that such applicant has received a doctor's
15    degree in social work from an approved program and has
16    completed at least 2,000 hours of satisfactory, supervised
17    clinical professional experience subsequent to the degree;
18        (4) has passed the examination for the practice of
19    clinical social work as authorized by the Department; and
20        (5) has paid the required fees.
21(Source: P.A. 95-687, eff. 10-23-07.)
 
22    (225 ILCS 20/9A)  (from Ch. 111, par. 6359A)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 9A. Qualifications for license as licensed social
25worker. A person shall be qualified to be licensed as a

 

 

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1licensed social worker if that person and the Department shall
2issue a license authorizing the practice of social work to an
3applicant who:
4        (1) has applied in writing on the prescribed form;
5        (2) is of good moral character, as defined in
6    subsection (2) of Section 9;
7        (3)(a) has a degree from a graduate program of social
8    work approved by the Department; or
9        (b) has a degree in social work from an undergraduate
10    program approved by the Department and has successfully
11    completed at least 3 years of supervised professional
12    experience subsequent to obtaining the degree as
13    established by rule. If no supervision by a licensed social
14    worker or a licensed clinical social worker is available,
15    then supervised professional experience may include
16    supervision by other appropriate disciplines as defined by
17    rule;
18        (4) has passed the examination for the practice of
19    social work as a licensed social worker as authorized by
20    the Department; and
21        (5) has paid the required fees.
22(Source: P.A. 90-150, eff. 12-30-97; 91-357, eff. 7-29-99.)
 
23    (225 ILCS 20/10)  (from Ch. 111, par. 6360)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 10. License restrictions and limitations.

 

 

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1    (a) No person shall, without a currently valid license as a
2social worker issued by the Department: (i) in any manner hold
3himself or herself out to the public as a social worker under
4this Act; (ii) use the title "social worker" or "licensed
5social worker"; or (iii) offer to render to individuals,
6corporations, or the public social work services if the words
7"social work" or "licensed social worker" are used to describe
8the person offering to render or rendering the services or to
9describe the services rendered or offered to be rendered.
10    (b) No person shall, without a currently valid license as a
11clinical social worker issued by the Department: (i) in any
12manner hold himself or herself out to the public as a clinical
13social worker or licensed clinical social worker under this
14Act; (ii) use the title "clinical social worker" or "licensed
15clinical social worker"; or (iii) offer to render to
16individuals, corporations, or the public clinical social work
17services if the words "licensed clinical social worker" or
18"clinical social work" are used to describe the person to
19render or rendering the services or to describe the services
20rendered or offered to be rendered.
21    (c) Licensed social workers may not engage in independent
22practice of clinical social work without a clinical social
23worker license. In independent practice, a licensed social
24worker shall practice at all times under the order, control,
25and full professional responsibility of a licensed clinical
26social worker, a licensed clinical psychologist, or a

 

 

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1psychiatrist, as defined in Section 1-121 of the Mental Health
2and Developmental Disabilities Code.
3    (d) No business organization association, partnership, or
4professional limited liability company shall provide, attempt
5to provide, or offer to provide social work or clinical social
6work services unless every member, shareholder, partner,
7director, officer, holder of any other ownership interest, and
8employee of the association, partnership, or professional
9limited liability company who practices social work or clinical
10social work or who renders social work or clinical social work
11services holds a currently valid current license issued under
12this Act. No business shall be created that (1) has a stated
13purpose that includes social work or clinical social work, or
14(2) provides provide, attempts attempt to provide, or offers
15offer to provide social work or clinical social work services
16unless it is organized under the Professional Service
17Corporation Act, the Medical Corporation Act, or the
18Professional Limited Liability Company Act.
19    (e) Nothing in this Act shall preclude individuals licensed
20under this Act from practicing directly or indirectly for a
21physician licensed to practice medicine in all its branches
22under the Medical Practice Act of 1987 or for any legal entity
23as provided under subsection (c) of Section 22.2 of the Medical
24Practice Act of 1987.
25    (f) Nothing in this Act shall preclude individuals licensed
26under this Act from practicing directly or indirectly for any

 

 

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1hospital licensed under the Hospital Licensing Act or any
2hospital affiliate as defined in Section 10.8 of the Hospital
3Licensing Act and any hospital authorized under the University
4of Illinois Hospital Act.
5(Source: P.A. 99-227, eff. 8-3-15.)
 
6    (225 ILCS 20/14)  (from Ch. 111, par. 6364)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 14. Checks or order to Department dishonored because
9of insufficient funds. Any person who delivers a check or other
10payment to the Department that is returned to the Department
11unpaid by the financial institution upon which it is drawn
12shall pay to the Department, in addition to the amount already
13owed to the Department, a fine of $50. The fines imposed by
14this Section are in addition to any other discipline provided
15under this Act for unlicensed practice or practice on a
16nonrenewed license. The Department shall notify the person that
17payment of fees and fines shall be paid to the Department by
18certified check or money order within 30 calendar days of the
19notification. If, after the expiration of 30 days from the date
20of the notification, the person has failed to submit the
21necessary remittance, the Department shall automatically
22terminate the license or certificate or deny the application,
23without hearing. If, after termination or denial, the person
24seeks a license or certificate, he or she shall apply to the
25Department for restoration or issuance of the license or

 

 

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1certificate and pay all fees and fines due to the Department.
2The Department may establish a fee for the processing of an
3application for restoration of a license or certificate to pay
4all expenses of processing this application. The Secretary may
5waive the fines due under this Section in individual cases
6where the Secretary finds that the fines would be unreasonable
7or unnecessarily burdensome.
8(Source: P.A. 95-687, eff. 10-23-07.)
 
9    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 19. Grounds for disciplinary action.
12    (1) The Department may refuse to issue or , refuse to renew
13a license, or may suspend, or revoke any license, or may place
14on probation, censure, reprimand, or take any other
15disciplinary or non-disciplinary action deemed appropriate by
16the Department, including the imposition of fines not to exceed
17$10,000 for each violation, with regard to any license issued
18under the provisions of this Act for any one or a combination
19of the following grounds reasons:
20        (a) material misstatements of fact in furnishing
21    information to the Department or to any other State agency
22    or in furnishing information to any insurance company with
23    respect to a claim on behalf of a licensee or a patient;
24        (b) violations or negligent or intentional disregard
25    of this Act, or any of the rules promulgated hereunder;

 

 

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1        (c) conviction of or entry of a plea of guilty or nolo
2    contendere, finding of guilt, jury verdict, or entry of
3    judgment or sentencing, including, but not limited to,
4    convictions, preceding sentences of supervision,
5    conditional discharge, or first offender probation, to any
6    crime that is a felony under the laws of any jurisdiction
7    of the United States or any state or territory thereof or
8    that is (i) a felony or (ii) a misdemeanor, of which an
9    essential element of which is dishonesty, or any crime that
10    is directly related to the practice of the clinical social
11    work or social work professions;
12        (d) fraud or making any misrepresentation in applying
13    for or procuring a license under for the purpose of
14    obtaining licenses, or violating any provision of this Act
15    or in connection with applying for renewal or restoration
16    of a license under this Act any of the rules promulgated
17    hereunder;
18        (e) professional incompetence;
19        (f) gross negligence in practice under this Act
20    malpractice;
21        (g) aiding or assisting another person in violating any
22    provision of this Act or its any rules;
23        (h) failing to provide information within 60 30 days in
24    response to a written request made by the Department;
25        (i) engaging in dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public as defined by the rules of the
2    Department, or violating the rules of professional conduct
3    adopted by the Board and published by the Department;
4        (j) habitual or excessive use or abuse of drugs defined
5    in law as controlled substances, of addiction to alcohol,
6    narcotics, stimulants, or of any other substances chemical
7    agent or drug that results in the a clinical social
8    worker's or social worker's inability to practice with
9    reasonable judgment, skill, or safety;
10        (k) adverse action taken discipline by another state or
11    jurisdiction, if at least one of the grounds for the
12    discipline is the same or substantially equivalent to those
13    set forth in this Section;
14        (l) directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate or other form of compensation
17    for any professional service not actually rendered.
18    Nothing in this paragraph (l) affects any bona fide
19    independent contractor or employment arrangements among
20    health care professionals, health facilities, health care
21    providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements may include
23    provisions for compensation, health insurance, pension, or
24    other employment benefits for the provision of services
25    within the scope of the licensee's practice under this Act.
26    Nothing in this paragraph (l) shall be construed to require

 

 

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1    an employment arrangement to receive professional fees for
2    services rendered;
3        (m) a finding by the Department Board that the
4    licensee, after having the license placed on probationary
5    status, has violated the terms of probation or failed to
6    comply with such terms;
7        (n) abandonment, without cause, of a client;
8        (o) willfully making or wilfully filing false records
9    or reports relating to a licensee's practice, including,
10    but not limited to, false records filed with Federal or
11    State agencies or departments;
12        (p) willfully wilfully failing to report an instance of
13    suspected child abuse or neglect as required by the Abused
14    and Neglected Child Reporting Act;
15        (q) being named as a perpetrator in an indicated report
16    by the Department of Children and Family Services under the
17    Abused and Neglected Child Reporting Act, and upon proof by
18    clear and convincing evidence that the licensee has caused
19    a child to be or failed to take reasonable steps to prevent
20    a child from being an abused child or neglected child as
21    defined in the Abused and Neglected Child Reporting Act;
22        (r) physical illness, mental illness, or any other
23    impairment or disability, including, but not limited to,
24    deterioration through the aging process, or loss of motor
25    skills that results in the inability to practice the
26    profession with reasonable judgment, skill or safety;

 

 

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1        (s) solicitation of professional services by using
2    false or misleading advertising; or
3        (t) violation of the Health Care Worker Self-Referral
4    Act; .
5        (u) willfully failing to report an instance of
6    suspected abuse, neglect, financial exploitation, or
7    self-neglect of an eligible adult as defined in and
8    required by the Adult Protective Services Act; or
9        (v) being named as an abuser in a verified report by
10    the Department on Aging under the Adult Protective Services
11    Act, and upon proof by clear and convincing evidence that
12    the licensee abused, neglected, or financially exploited
13    an eligible adult as defined in the Adult Protective
14    Services Act.
15    (2) (Blank).
16    (3) The determination by a court that a licensee is subject
17to involuntary admission or judicial admission as provided in
18the Mental Health and Developmental Disabilities Code, will
19result in an automatic suspension of his license. Such
20suspension will end upon a finding by a court that the licensee
21is no longer subject to involuntary admission or judicial
22admission and issues an order so finding and discharging the
23patient, and upon the recommendation of the Board to the
24Secretary that the licensee be allowed to resume professional
25practice.
26    (4) The Department shall may refuse to issue or renew or

 

 

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1may suspend the license of a person who (i) fails to file a
2return, pay the tax, penalty, or interest shown in a filed
3return, or pay any final assessment of tax, penalty, or
4interest, as required by any tax Act administered by the
5Department of Revenue, until the requirements of the tax Act
6are satisfied or (ii) has failed to pay any court-ordered child
7support as determined by a court order or by referral from the
8Department of Healthcare and Family Services.
9    (5)(a) In enforcing this Section, the Department or Board,
10upon a showing of a possible violation, may compel a person
11licensed to practice under this Act, or who has applied for
12licensure under or certification pursuant to this Act, to
13submit to a mental or physical examination, or both, which may
14include a substance abuse or sexual offender evaluation, as
15required by and at the expense of the Department.
16    (b) The Department shall specifically designate the
17examining physician licensed to practice medicine in all of its
18branches or, if applicable, the multidisciplinary team
19involved in providing the mental or physical examination or
20both. The multidisciplinary team shall be led by a physician
21licensed to practice medicine in all of its branches and may
22consist of one or more or a combination of physicians licensed
23to practice medicine in all of its branches, licensed clinical
24psychologists, licensed clinical social workers, licensed
25clinical professional counselors, and other professional and
26administrative staff. Any examining physician or member of the

 

 

SB0768- 24 -LRB100 05742 SMS 15765 b

1multidisciplinary team may require any person ordered to submit
2to an examination pursuant to this Section to submit to any
3additional supplemental testing deemed necessary to complete
4any examination or evaluation process, including, but not
5limited to, blood testing, urinalysis, psychological testing,
6or neuropsychological testing physicians shall be those
7specifically designated by the Board.
8    (c) The Board or the Department may order the examining
9physician or any member of the multidisciplinary team to
10present testimony concerning this mental or physical
11examination of the licensee or applicant. No information,
12report, record, or other documents in any way related to the
13examination shall be excluded by reason of any common law or
14statutory privilege relating to communications between the
15licensee or applicant and the examining physician or any member
16of the multidisciplinary team. No authorization is necessary
17from the licensee or applicant ordered to undergo an
18examination for the examining physician or any member of the
19multidisciplinary team to provide information, reports,
20records, or other documents or to provide any testimony
21regarding the examination and evaluation.
22    (d) The person to be examined may have, at his or her own
23expense, another physician of his or her choice present during
24all aspects of the examination. However, that physician shall
25be present only to observe and may not interfere in any way
26with the examination.

 

 

SB0768- 25 -LRB100 05742 SMS 15765 b

1    (e) Failure of any person to submit to a mental or physical
2examination, when ordered directed, shall result in an
3automatic be grounds for suspension of his or her a license
4until the person submits to the examination if the Board finds,
5after notice and hearing, that the refusal to submit to the
6examination was without reasonable cause.
7    (f) If the Department or Board finds a person unable to
8practice because of the reasons set forth in this Section, the
9Department or Board may require that person to submit to care,
10counseling, or treatment by physicians approved or designated
11by the Department or Board, as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice; or, in lieu of care, counseling or treatment, the
14Department may file, or the Board may recommend to the
15Department to file, a complaint to immediately suspend, revoke,
16or otherwise discipline the license of the person. Any person
17whose license was granted, continued, reinstated, renewed,
18disciplined or supervised subject to such terms, conditions or
19restrictions, and who fails to comply with such terms,
20conditions, or restrictions, shall be referred to the Secretary
21for a determination as to whether the person shall have his or
22her license suspended immediately, pending a hearing by the
23Department Board.
24    (g) All fines imposed shall be paid within 60 days after
25the effective date of the order imposing the fine or in
26accordance with the terms set forth in the order imposing the

 

 

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1fine.
2    In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that person's
4license must be convened by the Department Board within 30 days
5after the suspension and completed without appreciable delay.
6The Department and Board shall have the authority to review the
7subject person's record of treatment and counseling regarding
8the impairment, to the extent permitted by applicable federal
9statutes and regulations safeguarding the confidentiality of
10medical records.
11    A person licensed under this Act and affected under this
12Section shall be afforded an opportunity to demonstrate to the
13Department or Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16(Source: P.A. 98-756, eff. 7-16-14.)
 
17    (225 ILCS 20/21)  (from Ch. 111, par. 6371)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 21. Investigations; notice and hearing.
20    (a) The Department may investigate the actions of any
21applicant or of any person holding or claiming to hold a
22license under this Act.
23    (b) The Department shall, before disciplining an applicant
24or licensee refusing to issue or renew a license, at least 30
25days prior to the date set for the hearing: (i) , notify, in

 

 

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1writing, the accused applicant for, or holder of, a license of
2the nature of the charges made and the time and place for the
3that a hearing on the charges, (ii) will be held on the date
4designated. The Department shall direct him or her the
5applicant or licensee to file a written answer to the charges
6Board under oath within 20 days after the service of the
7notice, and (iii) inform the applicant or licensee that failure
8to file an answer will result in a default being entered taken
9against the applicant or licensee and that the license or
10certificate may be suspended, revoked, placed on probationary
11status, or other disciplinary action may be taken, including
12limiting the scope, nature or extent of practice, as the
13Secretary may deem proper.
14    (c) Written or electronic notice, and any notice in the
15subsequent proceeding, may be served by personal delivery, by
16email, or by certified or registered mail to the applicant or
17licensee at his or her the applicant's last address of record
18or email address of record. In case the person fails to file an
19answer after receiving notice, his or her license or
20certificate may, in the discretion of the Department, be
21suspended, revoked, or placed on probationary status, or the
22Department may take whatever disciplinary action deemed
23proper, including limiting the scope, nature, or extent of the
24person's practice or the imposition of a fine, without a
25hearing, if the act or acts charged constitute sufficient
26grounds for such action under this Act.

 

 

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1    (d) At the time and place fixed in the notice, the Board or
2hearing officer appointed by the Secretary shall proceed to
3hear the charges and the parties or their counsel shall be
4accorded ample opportunity to present any statements,
5testimony, evidence and argument as may be pertinent to the
6charges or to their defense. The Board or hearing officer may
7continue the a hearing from time to time.
8    (e) In case the person, after receiving the notice, fails
9to file an answer, his or her license may, in the discretion of
10the Secretary, having first received the recommendation of the
11Board, be suspended, revoked, or placed on probationary status,
12or be subject to whatever disciplinary action the Secretary
13considers proper, including limiting the scope, nature, or
14extent of the person's practice or the imposition of a fine,
15without hearing, if the act or acts charged constitute
16sufficient grounds for that action under this Act.
17(Source: P.A. 95-687, eff. 10-23-07.)
 
18    (225 ILCS 20/22)  (from Ch. 111, par. 6372)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 22. Record of proceedings Proceedings; transcript.
21The Department, at its expense, shall preserve a record of all
22proceedings at the formal hearing of any case involving the
23refusal to issue or to renew a license. The notice of hearing,
24complaint, all other documents in the nature of pleadings,
25written motions filed in the proceedings, the transcript of

 

 

SB0768- 29 -LRB100 05742 SMS 15765 b

1testimony, the report of the Board and orders of the Department
2shall be in the record of such proceeding. The Department shall
3furnish a copy transcript of the record to any person upon
4payment of the fee required under Section 2105-115 of the
5Department of Professional Regulation Law (20 ILCS
62105/2105-115).
7(Source: P.A. 90-150, eff. 12-30-97; 91-239, eff. 1-1-00.)
 
8    (225 ILCS 20/25)  (from Ch. 111, par. 6375)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 25. Findings and recommendations. At the conclusion of
11the hearing the Board shall present to the Secretary a written
12report of its findings of fact, conclusions of law and
13recommendations. The report shall contain a finding whether or
14not the licensee violated this act or failed to comply with the
15conditions required in this Act. The Board shall specify the
16nature of the violation or failure to comply, and shall make
17its recommendations to the Secretary.
18    The report of findings of fact, conclusions of law, and
19recommendation of the Board shall be the basis for the
20Department's order or refusal or for the granting of the
21license. If the Secretary disagrees with the recommendations of
22the Board, the Secretary may issue an order in contravention
23thereof. The Secretary shall provide a written report to the
24Board on any disagreement and shall specify the reasons for
25said action in the final order. The finding is not admissible

 

 

SB0768- 30 -LRB100 05742 SMS 15765 b

1in evidence against the person in a criminal prosecution
2brought for the violation of this Act, but the hearing and
3findings are not a bar to a criminal prosecution brought for
4the violation of this Act.
5(Source: P.A. 95-687, eff. 10-23-07.)
 
6    (225 ILCS 20/26)  (from Ch. 111, par. 6376)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 26. Hearing; motion for rehearing Board - Rehearing.
9    (a) The Board or hearing officer appointed by the Secretary
10shall hear evidence in support of the formal charges and
11evidence produced by the licensee. At the conclusion of the
12hearing, the Board shall present to the Secretary a written
13report of its findings of fact, conclusions of law, and
14recommendations. If the Board fails to present its report, the
15applicant or licensee may request in writing a direct appeal to
16the Secretary, in which case the Secretary may issue an order
17based upon the report of the hearing officer and the record of
18the proceedings or issue an order remanding the matter back to
19the hearing officer for additional proceedings in accordance
20with the order.
21    (b) At the conclusion of the hearing In any case involving
22the refusal to issue or to renew a license or to discipline a
23licensee, a copy of the hearing officer's or Board's report
24shall be served upon the applicant or licensee by the
25Department, either personally or by registered or certified

 

 

SB0768- 31 -LRB100 05742 SMS 15765 b

1mail or as provided in this Act for the service of the notice
2of hearing. Within 20 calendar days after such service, the
3applicant or licensee may present to the Department a motion in
4writing for a rehearing which shall specify the particular
5grounds for rehearing therefor. The Department may respond to
6the motion for rehearing within 20 calendar days after its
7service on the Department. If no motion for a rehearing is
8filed, then upon the expiration of the time specified for
9filing such a motion, or if a motion for rehearing is denied,
10then upon such denial of a motion for rehearing, the Secretary
11may enter an order in accordance with recommendations of the
12Board or hearing officer , except as provided in Section 25 of
13this Act. If the applicant or licensee orders from the
14reporting service and pays for a transcript of the record
15within the time for filing a motion for rehearing, the 20-day
16period within which a motion may be filed shall commence upon
17the delivery of the transcript to the applicant or licensee.
18    (c) If the Secretary disagrees in any regard with the
19report of the Board, the Secretary may issue an order contrary
20to the report.
21    (d) Whenever the Secretary is not satisfied that
22substantial justice has been done, the Secretary may order a
23rehearing by the same or another hearing officer.
24    (e) At any point in any investigation or disciplinary
25proceeding provided for in this Act, both parties may agree to
26a negotiated consent order. The consent order shall be final

 

 

SB0768- 32 -LRB100 05742 SMS 15765 b

1upon signature of the Secretary.
2(Source: P.A. 95-687, eff. 10-23-07.)
 
3    (225 ILCS 20/28)  (from Ch. 111, par. 6378)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 28. Appointment of a hearing officer. Notwithstanding
6any other provision of this Act, the The Secretary has shall
7have the authority to appoint any attorney duly licensed to
8practice law in the State of Illinois to serve as the hearing
9officer in any action for refusal to issue or renew a license
10or permit or to discipline a licensee. The Secretary shall
11promptly notify the Board of any such appointment. The hearing
12officer shall have full authority to conduct the hearing. The
13hearing officer shall report his or her findings of fact,
14conclusions of law and recommendations to the Board and to the
15Secretary. Upon receipt of the report, the Board shall have at
16least 60 days after receipt of the report to review it and
17present its findings of fact, conclusions of law and
18recommendation to the Secretary. If the Board does not present
19its report within the 60 days period, the respondent may
20request in writing a direct appeal to the Secretary, in which
21case the Secretary shall, within 7 calendar days after the
22request, issue an order directing the Board to issue its
23findings of fact, conclusions of law, and recommendations to
24the Secretary within 30 calendar days after such order. If the
25Board fails to issue its findings of fact, conclusions of law,

 

 

SB0768- 33 -LRB100 05742 SMS 15765 b

1and recommendations within that time frame to the Secretary
2after the entry of such order, the Secretary shall, within 30
3calendar days thereafter, issue an order based upon the report
4of the hearing officer and the record of the proceedings or
5issue an order remanding the matter back to the hearing officer
6for additional proceedings in accordance with the order. If (i)
7a direct appeal is requested, (ii) the Board fails to issue its
8findings of fact, conclusions of law, and recommendations
9within the 30-day mandate from the Secretary or the Secretary
10fails to order the Board to do so, and (iii) the Secretary
11fails to issue an order within 30 calendar days thereafter,
12then the hearing officer's report is deemed accepted and a
13final decision of the Secretary. Notwithstanding any other
14provision of this Section, if the Secretary, upon review,
15determines that substantial justice has not been done in the
16revocation, suspension, or refusal to issue or renew a license
17or other disciplinary action taken as the result of the entry
18of the hearing officer's report, the Secretary may order a
19rehearing by the same or other examiners. If the Secretary
20disagrees with the recommendation of the Board or of the
21hearing officer, the Secretary may issue an order in
22contravention of the Board's report. The Secretary shall
23promptly provide a written explanation to the Board on any such
24disagreement, and shall specify the reasons for such action in
25the final order.
26(Source: P.A. 95-687, eff. 10-23-07.)
 

 

 

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1    (225 ILCS 20/30)  (from Ch. 111, par. 6380)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 30. Restoration of suspended or revoked license. At
4any time after the successful completion of a term of
5probation, suspension, or revocation of any license, the
6Department may restore the license it to the licensee upon the
7written recommendation of the Board unless after an
8investigation and hearing the Board or Department determines
9that restoration is not in the public interest. Where
10circumstances of suspension or revocation so indicate, the
11Department may require an examination of the licensee prior to
12restoring his or her license. No person whose license has been
13revoked as authorized in this Act may apply for restoration of
14that license or permit until such time as provided for in the
15Civil Administrative Code of Illinois.
16(Source: P.A. 85-967.)
 
17    (225 ILCS 20/31)  (from Ch. 111, par. 6381)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 31. Surrender of license. Upon the revocation or and
20suspension of any the license, the licensee shall immediately
21surrender his or her license to the Department. If the licensee
22fails to do so, the Department shall have the right to seize
23the license.
24(Source: P.A. 90-150, eff. 12-30-97.)
 

 

 

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1    (225 ILCS 20/32)  (from Ch. 111, par. 6382)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 32. Summary Temporary suspension of a license. The
4Secretary may summarily temporarily suspend the license of a
5licensed clinical social worker or licensed social worker
6without a hearing simultaneously with the institution of
7proceedings for a hearing provided for in Section 21 of this
8Act if the Secretary finds that conclusive evidence in his or
9her possession indicates indicating that a licensee's
10continuation in practice would constitute an imminent danger to
11the public. In the event the Secretary summarily temporarily
12suspends such license without a hearing, a hearing by the Board
13or Department shall be held within 30 calendar days after the
14such suspension has occurred.
15(Source: P.A. 95-687, eff. 10-23-07.)
 
16    (225 ILCS 20/33)  (from Ch. 111, par. 6383)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 33. Administrative review review - venue.
19    1. All final administrative decisions of the Department are
20subject to judicial review pursuant to the Administrative
21Review Law and all rules adopted pursuant thereto. The term
22"Administrative decision" is defined as in Section 3-101 of the
23Code of Civil Procedure.
24    2. Proceedings for judicial review shall be commenced in

 

 

SB0768- 36 -LRB100 05742 SMS 15765 b

1the circuit court of the county in which the party applying for
2review resides, but if the party is not a resident of Illinois,
3the venue shall be in Sangamon County.
4(Source: P.A. 85-967.)
 
5    (225 ILCS 20/34)  (from Ch. 111, par. 6384)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 34. Certification of record; costs. The Department
8shall not be required to certify any record to the court, to
9file an answer in court or to otherwise appear in any court in
10a judicial review proceeding, unless and until the Department
11has received from the plaintiff there is filed in the court,
12with the complaint, a receipt from the Department acknowledging
13payment of the costs of furnishing and certifying the record,
14which costs shall be determined by the Department. Failure on
15the part of the plaintiff to file a receipt in court shall be
16grounds for dismissal of the action.
17(Source: P.A. 87-1031.)
 
18    (225 ILCS 20/36)  (from Ch. 111, par. 6386)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 36. Illinois Administrative Procedure Act. The
21Illinois Administrative Procedure Act is hereby expressly
22adopted and incorporated herein as if all of the provisions of
23that Act were included in this Act, except that the provision
24of subsection (d) of Section 10-65 of the Illinois

 

 

SB0768- 37 -LRB100 05742 SMS 15765 b

1Administrative Procedure Act that provides that at hearings the
2licensee has the right to show compliance with all lawful
3requirements for retention, continuation or renewal of the
4license is specifically excluded. For the purpose of this Act
5the notice required under Section 10-25 of the Illinois
6Administrative Procedure Act is deemed sufficient when mailed
7to the last known address of a party.
8(Source: P.A. 88-45.)
 
9    (225 ILCS 20/37)  (from Ch. 111, par. 6387)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 37. Home rule Public policy. It is declared to be the
12public policy of this State, pursuant to paragraphs (h) and (i)
13of Section 6 of Article VII of the Illinois Constitution of
141970, that any power or function set forth in this Act to be
15exercised by the State is an exclusive State power or function.
16Such power or function shall not be exercised concurrently,
17either directly or indirectly, by any unit of local government,
18including home rule units, except as otherwise provided in this
19Act.
20(Source: P.A. 85-967.)
 
21    (225 ILCS 20/27 rep.)
22    Section 15. The Clinical Social Work and Social Work
23Practice Act is amended by repealing Section 27.
 
24    Section 99. Effective date. This Act takes effect upon

 

 

SB0768- 38 -LRB100 05742 SMS 15765 b

1becoming law.

 

 

SB0768- 39 -LRB100 05742 SMS 15765 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.28
4    5 ILCS 80/4.38 new
5    225 ILCS 20/3from Ch. 111, par. 6353
6    225 ILCS 20/4from Ch. 111, par. 6354
7    225 ILCS 20/5from Ch. 111, par. 6355
8    225 ILCS 20/6from Ch. 111, par. 6356
9    225 ILCS 20/7from Ch. 111, par. 6357
10    225 ILCS 20/7.3
11    225 ILCS 20/9from Ch. 111, par. 6359
12    225 ILCS 20/9Afrom Ch. 111, par. 6359A
13    225 ILCS 20/10from Ch. 111, par. 6360
14    225 ILCS 20/14from Ch. 111, par. 6364
15    225 ILCS 20/19from Ch. 111, par. 6369
16    225 ILCS 20/21from Ch. 111, par. 6371
17    225 ILCS 20/22from Ch. 111, par. 6372
18    225 ILCS 20/25from Ch. 111, par. 6375
19    225 ILCS 20/26from Ch. 111, par. 6376
20    225 ILCS 20/28from Ch. 111, par. 6378
21    225 ILCS 20/30from Ch. 111, par. 6380
22    225 ILCS 20/31from Ch. 111, par. 6381
23    225 ILCS 20/32from Ch. 111, par. 6382
24    225 ILCS 20/33from Ch. 111, par. 6383
25    225 ILCS 20/34from Ch. 111, par. 6384

 

 

SB0768- 40 -LRB100 05742 SMS 15765 b

1    225 ILCS 20/36from Ch. 111, par. 6386
2    225 ILCS 20/37from Ch. 111, par. 6387
3    225 ILCS 20/27 rep.