95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0128

 

Introduced 1/31/2007, by Sen. Emil Jones, Jr. - Deanna Demuzio - William Delgado - Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act to change the repeal date of the Clinical Social Work and Social Work Practice Act from January 1, 2008 to January 1, 2018. Amends the Clinical Social Work and Social Work Practice Act. Replaces "Department of Professional Regulation" with "Department of Financial and Professional Regulation" and "Director of the Department of Professional Regulation" with "Secretary of Financial and Professional Regulation" throughout the Act. Adds a provision concerning an applicant's or licensee's change of address. Provides that a civil penalty of $10,000 (rather than $5,000) shall be imposed upon an individual for each offense of unlicensed practice. Makes changes to provisions concerning licensure, licensure by endorsement, grounds for disciplinary action, rehearing, and the appointment of a hearing officer. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Regulatory Sunset Act is amended by changing
5 Section 4.18 and by adding Section 4.28 as follows:
 
6     (5 ILCS 80/4.18)
7     Sec. 4.18. Acts repealed January 1, 2008 and December 31,
8 2008.
9     (a) The following Acts are repealed on January 1, 2008:
10         The Acupuncture Practice Act.
11         The Clinical Social Work and Social Work Practice Act.
12         The Home Medical Equipment and Services Provider
13     License Act.
14         The Nursing and Advanced Practice Nursing Act.
15         The Illinois Petroleum Education and Marketing Act.
16         The Illinois Speech-Language Pathology and Audiology
17     Practice Act.
18         The Marriage and Family Therapy Licensing Act.
19         The Nursing Home Administrators Licensing and
20     Disciplinary Act.
21         The Pharmacy Practice Act of 1987.
22         The Physician Assistant Practice Act of 1987.
23         The Podiatric Medical Practice Act of 1987.

 

 

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1         The Structural Pest Control Act.
2     (b) The following Acts are repealed on December 31, 2008:
3         The Medical Practice Act of 1987.
4         The Environmental Health Practitioner Licensing Act.
5 (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06.)
 
6     (5 ILCS 80/4.28 new)
7     Sec. 4.28. Act repealed on January 1, 2018. The following
8 Act is repealed on January 1, 2018:
9     The Clinical Social Work and Social Work Practice Act.
 
10     Section 10. The Clinical Social Work and Social Work
11 Practice Act is amended by changing Sections 3, 5, 6, 9, 10.5,
12 11, 12.5, 14, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, and 32 and
13 by adding Section 7.3 as follows:
 
14     (225 ILCS 20/3)  (from Ch. 111, par. 6353)
15     (Section scheduled to be repealed on January 1, 2008)
16     Sec. 3. Definitions: The following words and phrases shall
17 have the meanings ascribed to them in this Section unless the
18 context clearly indicates otherwise:
19     1. "Department" means the Department of Financial and
20 Professional Regulation.
21     2. "Secretary Director" means the Secretary Director of
22 Financial and the Department of Professional Regulation.
23     3. "Board" means the Social Work Examining and Disciplinary

 

 

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1 Board.
2     4. "Licensed Clinical Social Worker" means a person who
3 holds a license authorizing the independent practice of
4 clinical social work in Illinois under the auspices of an
5 employer or in private practice.
6     5. "Clinical social work practice" means the providing of
7 mental health services for the evaluation, treatment, and
8 prevention of mental and emotional disorders in individuals,
9 families and groups based on knowledge and theory of
10 psychosocial development, behavior, psychopathology,
11 unconscious motivation, interpersonal relationships, and
12 environmental stress.
13     6. "Treatment procedures" means among other things,
14 individual, marital, family and group psychotherapy.
15     7. "Independent practice of clinical social work" means the
16 application of clinical social work knowledge and skills by a
17 licensed clinical social worker who regulates and is
18 responsible for her or his own practice or treatment
19 procedures.
20     8. "License" means that which is required to practice
21 clinical social work or social work under this Act, the
22 qualifications for which include specific education,
23 acceptable experience and examination requirements.
24     9. "Licensed social worker" means a person who holds a
25 license authorizing the practice of social work, which includes
26 social services to individuals, groups or communities in any

 

 

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1 one or more of the fields of social casework, social group
2 work, community organization for social welfare, social work
3 research, social welfare administration or social work
4 education. Social casework and social group work may also
5 include clinical social work, as long as it is not conducted in
6 an independent practice, as defined in this Section.
7     10. "Address of record" means the address recorded by the
8 Department in the applicant's or licensee's application file or
9 license file, as maintained by the Department's licensure
10 maintenance unit.
11 (Source: P.A. 85-1440.)
 
12     (225 ILCS 20/5)  (from Ch. 111, par. 6355)
13     (Section scheduled to be repealed on January 1, 2008)
14     Sec. 5. Powers and duties of the Department.
15     1. The Department shall exercise the powers and duties as
16 set forth in this Act.
17     2. The Secretary Director shall promulgate rules
18 consistent with the provisions of this Act for the
19 administration and enforcement thereof, and shall prescribe
20 forms which shall be issued in connection therewith.
21     3. In addition, the Department shall:
22     (a) Establish rules for determining approved undergraduate
23 and graduate social work degree programs and prepare and
24 maintain a list of colleges and universities offering such
25 approved programs whose graduates, if they otherwise meet the

 

 

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1 requirements of this Act, are eligible to apply for a license.
2     (b) Promulgate rules, as may be necessary, for the
3 administration of this Act and to carry out the purposes
4 thereof and to adopt the methods of examination of candidates
5 and to provide for the issuance of licenses authorizing the
6 independent practice of clinical social work or the practice of
7 social work.
8     (c) Authorize examinations to ascertain the qualifications
9 and fitness of candidates for a license to engage in the
10 independent practice of clinical social work and in the
11 practice of social work, and to determine the qualifications of
12 applicants from other jurisdictions to practice in Illinois.
13     (d) Maintain rosters of the names and addresses of all
14 licensees, and all persons whose licenses have been suspended,
15 revoked or denied renewal for cause within the previous
16 calendar year. These rosters shall be available upon written
17 request and payment of the required fee.
18 (Source: P.A. 85-1131.)
 
19     (225 ILCS 20/6)  (from Ch. 111, par. 6356)
20     (Section scheduled to be repealed on January 1, 2008)
21     Sec. 6. Social Work Examining and Disciplinary Board.
22     (1) The Secretary may Director shall appoint a Social Work
23 Examining and Disciplinary Board consisting of 9 persons who
24 shall serve in an advisory capacity to the Secretary Director.
25 The Board shall be composed of 5 licensed clinical social

 

 

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1 workers, one of whom shall be a certified school social worker,
2 one of whom shall be employed in the private not-for-profit
3 sector and one of whom shall serve as the chairperson, two
4 licensed social workers, and 2 members of the public who are
5 not regulated under this Act or a similar Act and who clearly
6 represent consumer interests.
7     (2) Members shall serve for a term of 4 years and until
8 their successors are appointed and qualified. No member shall
9 be reappointed if such reappointment would cause that person's
10 service on the Board to be longer than 8 successive years.
11 Appointments to fill vacancies for the unexpired portion of a
12 vacated term shall be made in the same manner as original
13 appointments.
14     (3) The membership of the Board should reasonably reflect
15 representation from different geographic areas of Illinois.
16     (4) The Secretary Director may terminate the appointment of
17 any member for cause.
18     (5) The Secretary Director shall consider the
19 recommendation of the Board on all matters and questions
20 relating to this Act.
21     (6) The Board is charged with the duties and
22 responsibilities of recommending to the Secretary Director the
23 adoption of all policies, procedures and rules which may be
24 required or deemed advisable in order to perform the duties and
25 functions conferred on the Board, the Secretary Director and
26 the Department to carry out the provisions of this Act.

 

 

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1     (7) The Board may shall make recommendations on all matters
2 relating to continuing education including the number of hours
3 necessary for license renewal, waivers for those unable to meet
4 such requirements and acceptable course content. Such
5 recommendations shall not impose an undue burden on the
6 Department or an unreasonable restriction on those seeking
7 license renewal.
8     (8) The Board shall annually elect one of its members as
9 chairperson and one as vice chairperson.
10     (9) Members of the Board shall be reimbursed for all
11 authorized legitimate and necessary expenses incurred in
12 attending the meetings of the Board.
13     (10) A majority of the Board members currently appointed
14 shall constitute a quorum. A vacancy in the membership of the
15 Board shall not impair the right of a quorum to perform all of
16 the duties of the Board.
17     (11) Members of the Board shall have no liability in an
18 action based upon a disciplinary proceeding or other activity
19 performed in good faith as a member of the Board.
20 (Source: P.A. 90-150, eff. 12-30-97.)
 
21     (225 ILCS 20/7.3 new)
22     Sec. 7.3. Change of address. An applicant or licensee must
23 inform the Department of any change of address, and such
24 changes must be made either through the Department's website or
25 by contacting the Department's licensure maintenance unit.
 

 

 

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1     (225 ILCS 20/9)  (from Ch. 111, par. 6359)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 9. Qualification for clinical social worker license
4 License. A person shall be qualified to be licensed as a
5 clinical social worker and the Department shall issue a license
6 authorizing the independent practice of clinical social work to
7 an applicant who:
8     (1) has applied in writing on the prescribed form;
9     (2) is of good moral character. In determining good moral
10 character, the Department may take into consideration whether
11 the applicant was engaged in conduct or actions that would
12 constitute grounds for discipline under this Act;
13     (3) (A) demonstrates to the satisfaction of the Department
14     that subsequent to securing a master's degree in social
15     work from an approved program the applicant has
16     successfully completed at least 3,000 hours of
17     satisfactory, supervised clinical professional experience;
18     or
19         (B) demonstrates to the satisfaction of the Department
20     that such applicant has received a doctor's degree in
21     social work from an approved program and has completed at
22     least 2,000 hours of satisfactory, supervised clinical
23     professional experience subsequent to the degree;
24     (4) has passed the examination for the practice of clinical
25 social work as authorized by the Department; and

 

 

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1     (5) has paid the required fees.
2 (Source: P.A. 90-150, eff. 12-30-97.)
 
3     (225 ILCS 20/10.5)
4     (Section scheduled to be repealed on January 1, 2008)
5     Sec. 10.5. Unlicensed practice; violation; civil penalty.
6     (a) Any person who practices, offers to practice, attempts
7 to practice, or holds himself or herself out to practice as a
8 clinical social worker or social worker without being licensed
9 or exempt under this Act shall, in addition to any other
10 penalty provided by law, pay a civil penalty to the Department
11 in an amount not to exceed $10,000 $5,000 for each offense, as
12 determined by the Department. The civil penalty shall be
13 assessed by the Department after a hearing is held in
14 accordance with the provisions set forth in this Act regarding
15 the provision of a hearing for the discipline of a licensee.
16     (b) The Department may investigate any actual, alleged, or
17 suspected unlicensed activity.
18     (c) The civil penalty shall be paid within 60 days after
19 the effective date of the order imposing the civil penalty. The
20 order shall constitute a judgment and may be filed and
21 execution had thereon in the same manner as any judgment from
22 any court of record.
23 (Source: P.A. 90-150, eff. 12-30-97.)
 
24     (225 ILCS 20/11)  (from Ch. 111, par. 6361)

 

 

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1     (Section scheduled to be repealed on January 1, 2008)
2     Sec. 11. Licenses; renewal; restoration; person in
3 military service; inactive status.
4     (a) The expiration date and renewal period for each license
5 A license shall be issued for a 2 year period; however the
6 expiration date for licenses issued under this Act shall be set
7 by rule. The licensee may renew a license during the 60-day
8 30-day period preceding its the expiration date by paying the
9 required fee and by demonstrating compliance with any
10 continuing education requirements, as defined by rule. Proof of
11 having met the minimum requirements of continuing education, as
12 determined by rule, shall be required for all license renewals.
13 Pursuant to rule, the continuing education requirements may,
14 upon petition to the Board, be waived in whole or in part for
15 licensed social workers or licensed clinical social workers who
16 can demonstrate their service in the Coast Guard or Armed
17 Forces during the period in question, an extreme hardship, or
18 that the license was obtained by examination or endorsement
19 within the preceding renewal period. The Department shall
20 establish, by rule, a means for the verification of completion
21 of the continuing education required by this Section. This
22 verification may be accomplished by audits of records
23 maintained by licensees, by requiring the filing of continuing
24 education records with the Department or an organization
25 selected by the Department to maintain these records, or by
26 other means established by the Department.

 

 

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1     (b) Any person who has permitted a license to expire or who
2 has a license on inactive status may have it restored by
3 submitting making an application to the Department and filing
4 proof of fitness, as defined by rule, to have the license
5 restored, including, if appropriate, evidence, which is
6 satisfactory to the Department, certifying the active practice
7 of clinical social work or social work in another jurisdiction
8 and by paying the required fee.
9     (b-5) If the person has not maintained an active practice
10 in another jurisdiction which is satisfactory to the
11 Department, the Department shall determine, by an evaluation
12 program recommended by the Board and established by rule, the
13 person's fitness to resume active status and the Department may
14 require the person to pass an examination. The Department, with
15 the recommendation of the Board, may also require the person to
16 complete a specific period of evaluated clinical social work or
17 social work experience and may require successful completion of
18 an examination.
19     (b-7) Notwithstanding any other provision of this Act
20 However, any person whose license expired while on active duty
21 with the armed forces of the United States, while called into
22 service or training with the State Militia or in training or
23 education under the supervision of the United States government
24 prior to induction into the military service may have his or
25 her license restored without paying any renewal fees if, within
26 2 years after the honorable termination of that service,

 

 

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1 training or education, except under conditions other than
2 honorable, the Department is furnished with satisfactory
3 evidence that the person has been so engaged and that the
4 service, training or education has been so terminated.
5     (c) A license to practice shall not be denied any applicant
6 because of the applicant's race, religion, creed, national
7 origin, political beliefs or activities, age, sex, sexual
8 orientation, or physical impairment. Any person who notifies
9 the Department, in writing on forms prescribed by the
10 Department, may place his license on inactive status and shall
11 be excused from the payment of renewal fees until the person
12 notifies the Department in writing of his intention to resume
13 active practice.
14     Any person requesting that his license be changed from
15 inactive to active status shall be required to pay the current
16 renewal fee and shall also demonstrate compliance with the
17 continuing education requirements.
18     (d)(Blank). Any licensed clinical social worker or
19 licensed social worker whose license is on inactive status
20 shall not engage in the independent practice of clinical social
21 work or in the practice of social work in the State of
22 Illinois. If an individual engages in the independent practice
23 of clinical social work or in the practice of social work while
24 on inactive status, that individual is considered to be
25 practicing without a license and is subject to the disciplinary
26 provisions of this Act.

 

 

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1     (e) (Blank).
2     (f) (Blank).
3     (g) The Department shall indicate on each license the
4 academic degree of the licensee.
5 (Source: P.A. 90-150, eff. 12-30-97.)
 
6     (225 ILCS 20/12.5)
7     (Section scheduled to be repealed on January 1, 2008)
8     Sec. 12.5. Endorsement. The Department may issue a license
9 as a clinical social worker or as a social worker, without the
10 required examination, to an applicant licensed under the laws
11 of another jurisdiction if the requirements for licensure in
12 that jurisdiction are, on the date of licensure, substantially
13 equivalent to the requirements of this Act or to any person
14 who, at the time of his or her licensure, possessed individual
15 qualifications that were substantially equivalent to the
16 requirements then in force in this State. An applicant under
17 this Section shall pay the required fees.
18     Applicants have 3 years from the date of application to
19 complete the application process. If the process has not been
20 completed in 3 years, the application shall be denied, the fee
21 shall be forfeited, and the applicant must reapply and meet the
22 requirements in effect at the time of reapplication.
23 (Source: P.A. 90-150, eff. 12-30-97.)
 
24     (225 ILCS 20/14)  (from Ch. 111, par. 6364)

 

 

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1     (Section scheduled to be repealed on January 1, 2008)
2     Sec. 14. Checks or order to Department dishonored because
3 of insufficient funds. Any person who delivers a check or other
4 payment to the Department that is returned to the Department
5 unpaid by the financial institution upon which it is drawn
6 shall pay to the Department, in addition to the amount already
7 owed to the Department, a fine of $50. The fines imposed by
8 this Section are in addition to any other discipline provided
9 under this Act for unlicensed practice or practice on a
10 nonrenewed license. The Department shall notify the person that
11 payment of fees and fines shall be paid to the Department by
12 certified check or money order within 30 calendar days of the
13 notification. If, after the expiration of 30 days from the date
14 of the notification, the person has failed to submit the
15 necessary remittance, the Department shall automatically
16 terminate the license or certificate or deny the application,
17 without hearing. If, after termination or denial, the person
18 seeks a license or certificate, he or she shall apply to the
19 Department for restoration or issuance of the license or
20 certificate and pay all fees and fines due to the Department.
21 The Department may establish a fee for the processing of an
22 application for restoration of a license or certificate to pay
23 all expenses of processing this application. The Secretary
24 Director may waive the fines due under this Section in
25 individual cases where the Secretary Director finds that the
26 fines would be unreasonable or unnecessarily burdensome.

 

 

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1 (Source: P.A. 92-146, eff. 1-1-02.)
 
2     (225 ILCS 20/19)  (from Ch. 111, par. 6369)
3     (Section scheduled to be repealed on January 1, 2008)
4     Sec. 19. Grounds for disciplinary action.
5     (1) The Department may refuse to issue, refuse to renew,
6 suspend, or revoke any license, or may place on probation,
7 censure, reprimand, or take other disciplinary or
8 non-disciplinary action deemed appropriate by the Department,
9 including the imposition of fines not to exceed $10,000 $1,000
10 for each violation, with regard to any license issued under the
11 provisions of this Act for any one or a combination of the
12 following reasons:
13         (a) material misstatements of fact in furnishing
14     information to the Department or to any other State agency
15     or in furnishing information to any insurance company with
16     respect to a claim on behalf of a licensee or a patient;
17         (b) violations or negligent or intentional disregard
18     of this Act, or any of the rules promulgated hereunder;
19         (c) conviction of or entry of a plea of guilty or nolo
20     contendere to any crime that is a felony under the laws of
21     the United States or any state or territory thereof or that
22     is a felony or misdemeanor, of which an essential element
23     is dishonesty, or of any crime that which is directly
24     related to the practice of the clinical social work or
25     social work professions;

 

 

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1         (d) making any misrepresentation for the purpose of
2     obtaining licenses, or violating any provision of this Act
3     or any of the rules promulgated hereunder;
4         (e) professional incompetence;
5         (f) malpractice;
6         (g) aiding or assisting another person in violating any
7     provision or this Act or any rules;
8         (h) failing to provide information within 30 60 days in
9     response to a written request made by the Department;
10         (i) engaging in dishonorable, unethical or
11     unprofessional conduct of a character likely to deceive,
12     defraud or harm the public as defined by the rules of the
13     Department, or violating the rules of professional conduct
14     adopted by the Board and published by the Department;
15         (j) habitual or excessive use or addiction to alcohol,
16     narcotics, stimulants, or any other chemical agent or drug
17     that results in a clinical social worker's or social
18     worker's inability to practice with reasonable judgment,
19     skill, or safety;
20         (k) discipline by another jurisdiction, if at least one
21     of the grounds for the discipline is the same or
22     substantially equivalent to those set forth in this
23     Section;
24         (1) directly or indirectly giving to or receiving from
25     any person, firm, corporation, partnership or association
26     any fee, commission, rebate or other form of compensation

 

 

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

 

 

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1         (t) violation of the Health Care Worker Self-Referral
2     Act.
3     (2) (Blank).
4     (3) The determination by a court that a licensee is subject
5 to involuntary admission or judicial admission as provided in
6 the Mental Health and Developmental Disabilities Code, will
7 result in an automatic suspension of his license. Such
8 suspension will end upon a finding by a court that the licensee
9 is no longer subject to involuntary admission or judicial
10 admission and issues an order so finding and discharging the
11 patient, and upon the recommendation of the Board to the
12 Secretary Director that the licensee be allowed to resume
13 professional practice.
14     (4) The Department may refuse to issue or renew or may
15 suspend the license of a person who fails to file a return, pay
16 the tax, penalty, or interest shown in a filed return, or pay
17 any final assessment of tax, penalty, or interest, as required
18 by any tax Act administered by the Department of Revenue, until
19 the requirements of the tax Act are satisfied.
20     (5) In enforcing this Section, the Board upon a showing of
21 a possible violation may compel a person licensed to practice
22 under this Act, or who has applied for licensure or
23 certification pursuant to this Act, to submit to a mental or
24 physical examination, or both, as required by and at the
25 expense of the Department. The examining physicians shall be
26 those specifically designated by the Board. The Board or the

 

 

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1 Department may order the examining physician to present
2 testimony concerning this mental or physical examination of the
3 licensee or applicant. No information shall be excluded by
4 reason of any common law or statutory privilege relating to
5 communications between the licensee or applicant and the
6 examining physician. The person to be examined may have, at his
7 or her own expense, another physician of his or her choice
8 present during all aspects of the examination. Failure of any
9 person to submit to a mental or physical examination, when
10 directed, shall be grounds for suspension of a license until
11 the person submits to the examination if the Board finds, after
12 notice and hearing, that the refusal to submit to the
13 examination was without reasonable cause.
14     If the Board finds a person unable to practice because of
15 the reasons set forth in this Section, the Board may require
16 that person to submit to care, counseling, or treatment by
17 physicians approved or designated by the Board, as a condition,
18 term, or restriction for continued, reinstated, or renewed
19 licensure to practice; or, in lieu of care, counseling or
20 treatment, the Board may recommend to the Department to file a
21 complaint to immediately suspend, revoke or otherwise
22 discipline the license of the person. Any person whose license
23 was granted, continued, reinstated, renewed, disciplined or
24 supervised subject to such terms, conditions or restrictions,
25 and who fails to comply with such terms, conditions, or
26 restrictions, shall be referred to the Secretary Director for a

 

 

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1 determination as to whether the person shall have his or her
2 license suspended immediately, pending a hearing by the Board.
3     In instances in which the Secretary Director immediately
4 suspends a person's license under this Section, a hearing on
5 that person's license must be convened by the Board within 30
6 15 days after the suspension and completed without appreciable
7 delay. The Board shall have the authority to review the subject
8 person's record of treatment and counseling regarding the
9 impairment, to the extent permitted by applicable federal
10 statutes and regulations safeguarding the confidentiality of
11 medical records.
12     A person licensed under this Act and affected under this
13 Section shall be afforded an opportunity to demonstrate to the
14 Board that he or she can resume practice in compliance with
15 acceptable and prevailing standards under the provisions of his
16 or her license.
17 (Source: P.A. 90-150, eff. 12-30-97.)
 
18     (225 ILCS 20/20)  (from Ch. 111, par. 6370)
19     (Section scheduled to be repealed on January 1, 2008)
20     Sec. 20. Violations - Injunction - Cease and desist order.
21 1. If any person violates the provisions of this Act, the
22 Secretary Director may, in the name of the People of the State
23 of Illinois, through the Attorney General, petition for an
24 order enjoining such violation or for an order enforcing
25 compliance with this Act. Upon the filing of a verified

 

 

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1 petition, the court with appropriate jurisdiction may issue a
2 temporary restraining order without notice or bond, and may
3 preliminarily and permanently enjoin such violation. If it is
4 established that such person has violated or is violating the
5 injunction, the court may punish the offender for contempt of
6 court. Proceedings under this Section shall be in addition to
7 all other remedies and penalties provided by this Act.
8     2. If any person shall hold herself or himself out as a
9 licensed clinical social worker or licensed social worker and
10 is not licensed under this Act, then any licensed clinical
11 social worker, licensed social worker, interested party or any
12 person injured thereby may petition for relief as provided in
13 subsection (1) of this Section.
14     3. Whenever, in the opinion of the Department, a person
15 violates any provision of this Act, the Department may issue a
16 rule to show cause why an order to cease and desist should not
17 be entered against such person. The rule shall clearly set
18 forth the grounds relied upon by the Department and shall allow
19 at least 7 days from the date of the rule to file an answer
20 satisfactory to the Department. Failure to answer to the
21 satisfaction of the Department shall cause an order to cease
22 and desist to be issued.
23 (Source: P.A. 85-1131.)
 
24     (225 ILCS 20/21)  (from Ch. 111, par. 6371)
25     (Section scheduled to be repealed on January 1, 2008)

 

 

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1     Sec. 21. Investigations; notice and hearing. The
2 Department may investigate the actions of any applicant or of
3 any person holding or claiming to hold a license. The
4 Department shall, before refusing to issue or renew a license,
5 at least 30 days prior to the date set for the hearing, notify,
6 in writing, the applicant for, or holder of, a license of the
7 nature of the charges and that a hearing will be held on the
8 date designated. The Department shall direct the applicant or
9 licensee to file a written answer to the Board under oath
10 within 20 days after the service of the notice and inform the
11 applicant or licensee that failure to file an answer will
12 result in default being taken against the applicant or licensee
13 and that the license or certificate may be suspended, revoked,
14 placed on probationary status, or other disciplinary action may
15 be taken, including limiting the scope, nature or extent of
16 practice, as the Secretary Director may deem proper. Written
17 notice may be served by personal delivery or certified or
18 registered mail to the applicant or licensee at the applicant's
19 last address of record the last notification to the Department.
20 In case the person fails to file an answer after receiving
21 notice, his or her license or certificate may, in the
22 discretion of the Department, be suspended, revoked, or placed
23 on probationary status, or the Department may take whatever
24 disciplinary action deemed proper, including limiting the
25 scope, nature, or extent of the person's practice or the
26 imposition of a fine, without a hearing, if the act or acts

 

 

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1 charged constitute sufficient grounds for such action under
2 this Act. At the time and place fixed in the notice, the Board
3 shall proceed to hear the charges and the parties or their
4 counsel shall be accorded ample opportunity to present any
5 statements, testimony, evidence and argument as may be
6 pertinent to the charges or to their defense. The Board may
7 continue a hearing from time to time.
8 (Source: P.A. 87-1031.)
 
9     (225 ILCS 20/23)  (from Ch. 111, par. 6373)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 23. Subpoenas - Depositions - Oaths. The Department
12 shall have the power to subpoena and to bring before it any
13 person and to take testimony either orally or by deposition, or
14 both, with the same fees and mileage and in the same manner as
15 prescribed in civil cases in the courts of this State.
16     The Secretary Director, the designated hearing officer and
17 every member of the Board shall have power to administer oaths
18 to witnesses at any hearing which the Department is authorized
19 to conduct, and any other oaths authorized in any Act
20 administered by the Department.
21 (Source: P.A. 85-967.)
 
22     (225 ILCS 20/24)  (from Ch. 111, par. 6374)
23     (Section scheduled to be repealed on January 1, 2008)
24     Sec. 24. Compelling Testimony. Any court, upon application

 

 

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1 of the Department, designated hearing officer or the applicant
2 or licensee against whom proceedings under Section 19 17 of
3 this Act are pending, may enter an order requiring the
4 attendance of witnesses and their testimony, and the production
5 of documents, papers, files, books and records in connection
6 with any hearing or investigation. The court may compel
7 obedience to its order by proceedings for contempt.
8 (Source: P.A. 85-967.)
 
9     (225 ILCS 20/25)  (from Ch. 111, par. 6375)
10     (Section scheduled to be repealed on January 1, 2008)
11     Sec. 25. Findings and recommendations. At the conclusion of
12 the hearing the Board shall present to the Secretary Director a
13 written report of its findings of fact, conclusions of law and
14 recommendations. The report shall contain a finding whether or
15 not the licensee violated this act or failed to comply with the
16 conditions required in this Act. The Board shall specify the
17 nature of the violation or failure to comply, and shall make
18 its recommendations to the Secretary Director.
19     The report of findings of fact, conclusions of law and
20 recommendation of the Board shall be the basis for the
21 Department's order or refusal or for the granting of the
22 license. If the Secretary Director disagrees with the
23 recommendations of the Board, the Secretary Director may issue
24 an order in contravention thereof. The Secretary Director shall
25 provide a written report to the Board on any disagreement and

 

 

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1 shall specify the reasons for said action in the final order.
2 The finding is not admissible in evidence against the person in
3 a criminal prosecution brought for the violation of this Act,
4 but the hearing and findings are not a bar to a criminal
5 prosecution brought for the violation of this Act.
6 (Source: P.A. 85-967.)
 
7     (225 ILCS 20/26)  (from Ch. 111, par. 6376)
8     (Section scheduled to be repealed on January 1, 2008)
9     Sec. 26. Board - Rehearing. In any case involving the
10 refusal to issue or to renew a license or to discipline a
11 licensee, a copy of the Board's report shall be served upon the
12 applicant or licensee by the Department, either personally or
13 by registered or certified mail or as provided in this Act for
14 the service of the notice of hearing. Within 20 days after such
15 service, the applicant or licensee may present to the
16 Department a motion in writing for a rehearing which shall
17 specify the particular grounds therefor. If no motion for a
18 rehearing is filed, then upon the expiration of the time
19 specified for filing such a motion, or if a motion for
20 rehearing is denied, then upon such denial, the Secretary
21 Director may enter an order in accordance with recommendations
22 of the Board, except as provided in Section 25 of this Act. If
23 the applicant or licensee requests and pays for a transcript of
24 the record within the time for filing a motion for rehearing,
25 the 20-day period within which such a motion may be filed shall

 

 

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1 commence upon the delivery of the transcript to the applicant
2 or licensee.
3 (Source: P.A. 86-615.)
 
4     (225 ILCS 20/27)  (from Ch. 111, par. 6377)
5     (Section scheduled to be repealed on January 1, 2008)
6     Sec. 27. Rehearing Director; rehearing. Whenever the
7 Secretary Director believes justice has not been done in the
8 revocation, suspension, or discipline of a license or refusal
9 to issue or renew a license, he or she may order a rehearing.
10 (Source: P.A. 90-150, eff. 12-30-97.)
 
11     (225 ILCS 20/28)  (from Ch. 111, par. 6378)
12     (Section scheduled to be repealed on January 1, 2008)
13     Sec. 28. Appointment of a hearing officer. The Secretary
14 Director shall have the authority to appoint any attorney
15 licensed to practice law in the State of Illinois to serve as
16 the hearing officer in any action for refusal to issue or renew
17 a license or permit or to discipline a licensee. The Secretary
18 Director shall promptly notify the Board of any such
19 appointment. The hearing officer shall have full authority to
20 conduct the hearing. At least one member of the Board shall
21 attend each hearing. The hearing officer shall report his
22 findings of fact, conclusions of law and recommendations to the
23 Board and to the Secretary Director. Upon receipt of the
24 report, the The Board shall have at least 60 days after receipt

 

 

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1 of the report to review it and to present its findings of fact,
2 conclusions of law and recommendation to the Secretary
3 Director. If the Board does not present its report within the
4 60 days period, the Secretary Director may issue an order based
5 on the report of the hearing officer. If the Secretary Director
6 disagrees with the recommendation of the Board or of the
7 hearing officer, the Secretary Director may issue an order in
8 contravention of the Board's report. The Secretary Director
9 shall promptly provide a written explanation to the Board on
10 any such disagreement, and shall specify the reasons for such
11 action in the final order.
12 (Source: P.A. 90-150, eff. 12-30-97.)
 
13     (225 ILCS 20/29)  (from Ch. 111, par. 6379)
14     (Section scheduled to be repealed on January 1, 2008)
15     Sec. 29. Order or certified copy thereof - prima facie
16 proof. An order or a certified copy thereof, over the seal of
17 the Department and purporting to be signed by the Secretary
18 Director, shall be prima facie proof that:
19     (1) Such signature is the genuine signature of the
20 Secretary Director;
21     (2) Such Secretary Director is duly appointed and
22 qualified; and
23     (3) The Board and the members thereof are qualified to act.
24 (Source: P.A. 85-967.)
 

 

 

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1     (225 ILCS 20/32)  (from Ch. 111, par. 6382)
2     (Section scheduled to be repealed on January 1, 2008)
3     Sec. 32. Temporary suspension of a license. The Secretary
4 Director may temporarily suspend the license of a licensed
5 clinical social worker or licensed social worker without a
6 hearing simultaneously with the institution of proceedings for
7 a hearing provided for in Section 21 of this Act if the
8 Secretary Director finds conclusive evidence indicating that a
9 licensee's continuation in practice would constitute an
10 imminent danger to the public. In the event the Secretary
11 Director temporarily suspends such license without a hearing, a
12 hearing by the Board shall be held within 30 days after such
13 suspension has occurred.
14 (Source: P.A. 85-1131.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 80/4.18
4     5 ILCS 80/4.28 new
5     225 ILCS 20/3 from Ch. 111, par. 6353
6     225 ILCS 20/5 from Ch. 111, par. 6355
7     225 ILCS 20/6 from Ch. 111, par. 6356
8     225 ILCS 20/7.3 new
9     225 ILCS 20/9 from Ch. 111, par. 6359
10     225 ILCS 20/10.5
11     225 ILCS 20/11 from Ch. 111, par. 6361
12     225 ILCS 20/12.5
13     225 ILCS 20/14 from Ch. 111, par. 6364
14     225 ILCS 20/19 from Ch. 111, par. 6369
15     225 ILCS 20/20 from Ch. 111, par. 6370
16     225 ILCS 20/21 from Ch. 111, par. 6371
17     225 ILCS 20/23 from Ch. 111, par. 6373
18     225 ILCS 20/24 from Ch. 111, par. 6374
19     225 ILCS 20/25 from Ch. 111, par. 6375
20     225 ILCS 20/26 from Ch. 111, par. 6376
21     225 ILCS 20/27 from Ch. 111, par. 6377
22     225 ILCS 20/28 from Ch. 111, par. 6378
23     225 ILCS 20/29 from Ch. 111, par. 6379
24     225 ILCS 20/32 from Ch. 111, par. 6382