(225 ILCS 55/85)
(from Ch. 111, par. 8351-85)
(Section scheduled to be repealed on January 1, 2018)
Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may revoke a
license, or may suspend, place on probation, fine, or take any
disciplinary or non-disciplinary action as the Department may deem proper, including fines not
to exceed $10,000
for each violation, with regard to any licensee for any one or
combination of the following causes:
(1) Material misstatement in furnishing information
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or
nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor of which an essential element is dishonesty or that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 30 days, to provide information
in response to a written request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud or harm the public as defined by the rules of the Department, or violating the rules of professional conduct adopted by the Board and published by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment, skill, or safety.
(11) Discipline by another state, territory, or
country if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered. Nothing in this paragraph (12) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary status, has violated the terms of probation.
(14) Abandonment of a patient without cause.
(15) Willfully making or filing false records or
reports relating to a licensee's practice, including but not limited to false records filed with State agencies or departments.
(16) Wilfully failing to report an instance of
suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
(17) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.
(18) Physical illness or mental illness or
impairment, including, but not limited to, deterioration through the aging process or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill, or safety.
(19) Solicitation of professional services by using
false or misleading advertising.
(20) A finding that licensure has been applied for or
obtained by fraudulent means.
(21) Practicing or attempting to practice under a
name other than the full name as shown on the license or any other legally authorized name.
(22) Gross overcharging for professional services
including filing statements for collection of fees or moneys for which services are not rendered.
(b) The Department shall deny any application for a license or renewal, without
hearing, under this Act to any person who has defaulted on an
educational loan guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue a license or renewal if the person in default
has established a satisfactory repayment record as determined by the Illinois
Student Assistance Commission.
(c) The determination by a circuit court that a licensee is subject to
involuntary admission or judicial admission, as provided in the Mental
Health and Developmental Disabilities Code, operates as an automatic
suspension. The suspension will terminate only upon a finding by a court
that the patient is no longer subject to involuntary admission or judicial
admission and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the Secretary
licensee be allowed to resume his or her practice as a licensed marriage
and family therapist or an associate marriage and family therapist.
(d) The Department may refuse to issue or may suspend the license of any
person who fails to file a return, pay the tax, penalty, or interest shown
in a filed return or pay any final assessment of tax, penalty, or interest,
as required by any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are satisfied.
(e) In enforcing this Section, the Department or Board upon a showing of a
violation may compel an individual licensed to practice under this Act, or
who has applied for licensure under this Act, to submit
to a mental or physical examination, or both, as required by and at the expense
of the Department. The Department or Board may order the examining physician to
testimony concerning the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any common law or
statutory privilege relating to communications between the licensee or
applicant and the examining physician. The examining
shall be specifically designated by the Board or Department.
The individual to be examined may have, at his or her own expense, another
physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit to a mental
physical examination, when directed, shall be grounds for suspension of his or
license until the individual submits to the examination if the Department
after notice and hearing, that the refusal to submit to the examination was
without reasonable cause.
If the Department or Board finds an individual unable to practice because of
set forth in this Section, the Department or Board may require that individual
care, counseling, or treatment by physicians approved
or designated by the Department or Board, as a condition, term, or restriction
renewed licensure to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or
the Board may recommend to the Department to file, a complaint to immediately
suspend, revoke, or otherwise discipline the license of the individual.
An individual whose
license was granted, continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who fails to comply
such terms, conditions, or restrictions, shall be referred to the Secretary
determination as to whether the individual shall have his or her license
suspended immediately, pending a hearing by the Department.
In instances in which the Secretary
immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by
the Department within 30
days after the suspension and completed without
The Department and Board shall have the authority to review the subject
individual's record of
treatment and counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the confidentiality of
An individual licensed under this Act and affected under this Section shall
afforded an opportunity to demonstrate to the Department or Board that he or
she can resume
practice in compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)