[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ House Amendment 001 ] |
90_HB0685
225 ILCS 15/1 from Ch. 111, par. 5351
225 ILCS 15/2 from Ch. 111, par. 5352
225 ILCS 15/3 from Ch. 111, par. 5353
225 ILCS 15/4 from Ch. 111, par. 5354
225 ILCS 15/5 from Ch. 111, par. 5355
225 ILCS 15/6 from Ch. 111, par. 5356
225 ILCS 15/7 from Ch. 111, par. 5357
225 ILCS 15/10 from Ch. 111, par. 5360
225 ILCS 15/11 from Ch. 111, par. 5361
225 ILCS 15/13 from Ch. 111, par. 5363
225 ILCS 15/14 from Ch. 111, par. 5364
225 ILCS 15/15 from Ch. 111, par. 5365
225 ILCS 15/25 from Ch. 111, par. 5375
225 ILCS 15/26 from Ch. 111, par. 5376
225 ILCS 15/27 from Ch. 111, par. 5377
Amends the Clinical Psychologist Licensing Act to provide
for the regulation of school psychologists through licensing
requirements. Exempts from licensure a school psychologist
not engaged in practice but as an academic employee of a
chartered institution of higher education. Adds to list of
exceptions to privileged communications. Renames the Clinical
Psychologists Licensing and Disciplinary Committee as a
Board. Provides that the Department of Professional
Regulation shall set fees for licensing by rule. Sets forth
civil penalties. Defines terms. Effective January 1, 1998.
LRB9001406DPcc
LRB9001406DPcc
1 AN ACT concerning clinical and school psychologists,
2 amending a named Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Clinical Psychologist Licensing Act is
6 amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 10, 11, 13,
7 14, 15, 25, 26, and 27 as follows:
8 (225 ILCS 15/1) (from Ch. 111, par. 5351)
9 Sec. 1. Legislative intent. The practice of clinical
10 psychology and the practice of school psychology in Illinois
11 are is hereby declared to affect the public health, safety
12 and welfare, and to be subject to regulations in the public
13 interest to protect the public from persons who are
14 unauthorized or unqualified to represent themselves as
15 clinical psychologists or as school psychologists or as being
16 able to render clinical psychological or school psychological
17 services as herein defined, and from unprofessional conduct
18 by persons licensed to practice clinical psychology or school
19 psychology. This Act shall be known and may be cited as the
20 "Clinical Psychologist Licensing Act".
21 (Source: P.A. 85-1305.)
22 (225 ILCS 15/2) (from Ch. 111, par. 5352)
23 (Text of Section before amendment by P.A. 89-702)
24 Sec. 2. As used in this Act:
25 (1) "Department" means the Department of
26 Professional Regulation.
27 (2) "Director" means the Director of Professional
28 Regulation.
29 (3) "Committee" means the Clinical Psychologists
30 Licensing and Disciplinary Committee appointed by the
-2- LRB9001406DPcc
1 Director.
2 (4) "Person" means an individual, association,
3 partnership or corporation.
4 (5) "Clinical Psychology" means the independent
5 evaluation, classification and treatment of mental,
6 emotional, behavioral or nervous disorders or conditions,
7 developmental disabilities, alcoholism and substance
8 abuse, disorders of habit or conduct, the psychological
9 aspects of physical illness. The practice of clinical
10 psychology includes psychoeducational evaluation,
11 therapy, remediation and consultation, the use of
12 psychological and neuropsychological testing, assessment,
13 psychotherapy, psychoanalysis, hypnosis, biofeedback, and
14 behavioral modification when any of these are used for
15 the purpose of preventing or eliminating psychopathology,
16 or for the amelioration of psychological disorders of
17 individuals or groups.
18 (6) A person represents himself to be a "clinical
19 psychologist" within the meaning of this Act when he
20 holds himself out to the public by any title or
21 description of services incorporating the words
22 "psychological", "psychologic", "psychologist",
23 "psychology", or "clinical psychologist" or under such
24 title or description offers to render or renders clinical
25 psychological services as defined in paragraph (7) of
26 this Section to individuals, corporations, or the public
27 for remuneration.
28 (7) "Clinical psychological services" refers to any
29 services under paragraph (5) of this Section if the words
30 "psychological", "psychologic", "psychologist",
31 "psychology" or "clinical psychologist" are used to
32 describe such services by the person or organization
33 offering to render or rendering them.
34 This Act shall not apply to persons lawfully carrying on
-3- LRB9001406DPcc
1 their particular profession or business under any valid
2 existing regulatory Act of the State.
3 (Source: P.A. 88-370.)
4 (Text of Section after amendment by P.A. 89-702)
5 Sec. 2. Definitions. As used in this Act:
6 (1) "Department" means the Department of
7 Professional Regulation.
8 (2) "Director" means the Director of Professional
9 Regulation.
10 (3) "Board" means the Clinical Psychologists
11 Licensing and Disciplinary Board appointed by the
12 Director.
13 (4) "Person" means an individual, association,
14 partnership or corporation.
15 (5) "Clinical psychology" means the independent
16 evaluation, diagnosis, classification, and treatment of
17 mental, emotional, behavioral or nervous disorders or
18 conditions, developmental disabilities, alcoholism and
19 substance abuse, disorders of habit or conduct, and the
20 psychological aspects of physical illness. The practice
21 of clinical psychology includes psychoeducational
22 evaluation, therapy, remediation, and consultation, the
23 use of psychological and neuropsychological testing,
24 assessment, psychotherapy, psychoanalysis, hypnosis,
25 biofeedback, and behavioral modification when any of
26 these are used for the purpose of preventing or
27 eliminating psychopathology, or for the amelioration of
28 psychological disorders of individuals or groups.
29 (6) A person represents himself or herself to be a
30 "clinical psychologist" within the meaning of this Act
31 when holding himself or herself he or she holds himself
32 out to the public by any title or description of services
33 incorporating the words "psychological", "psychologic",
34 "psychologist", "psychology", or "clinical psychologist"
-4- LRB9001406DPcc
1 or under such title or description offers to render or
2 renders clinical psychological services as defined in
3 paragraph (7) of this Section to individuals,
4 corporations, or the public for remuneration.
5 (7) "Clinical psychological services" refers to any
6 services under item paragraph (5) of this Section if the
7 words "psychological", "psychologic", "psychologist",
8 "psychology" or "clinical psychologist" are used to
9 describe such services by the person or organization
10 offering to render or rendering them.
11 (8) "School psychology" means educational
12 consultation, psycho-educational evaluation, and the
13 development and implementation of recommendations and
14 interventions for the prevention and treatment of
15 educationally relevant problems.
16 (9) A person represents himself or herself to be a
17 "school psychologist" within the meaning of this Act when
18 holding himself or herself out to the public by a title
19 or description of services incorporating the words
20 "school psychological", "school psychologist", or "school
21 psychology", or under such title or description offers to
22 render or renders school psychological services as
23 defined in item (10) of this Section to individuals,
24 families, schools, agencies, or the public for
25 remuneration.
26 (10) "School psychological services" refers to any
27 services under item (8) of this Section if the words
28 "school psychological", "school psychologist", "school
29 psychology", or "school psychologic" are used to describe
30 the services by the person or organization offering to
31 render or rendering them.
32 (11) "Licensed school psychologist" means a person
33 who holds a license authorizing the independent practice
34 of school psychology under the auspices of an employer or
-5- LRB9001406DPcc
1 as a sole practitioner in private practice.
2 (12) "Independent practice of school psychology"
3 means the application of school psychology knowledge and
4 skills by a licensed school psychologist who is
5 responsible for his or her practice and treatment
6 procedures and who is not employed by a public school.
7 (13) "Certified school psychologist" means a
8 qualified specialist who holds a Type 73 School Service
9 Personnel Certificate endorsed for school psychology and
10 issued by the State Teacher Certification Board.
11 This Act shall not apply to persons lawfully carrying on
12 their particular profession or business under any valid
13 existing regulatory Act of the State.
14 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
15 (225 ILCS 15/3) (from Ch. 111, par. 5353)
16 (Text of Section before amendment by P.A. 89-702)
17 Sec. 3. (a) No individual, partnership, association or
18 corporation shall, without a valid license as a clinical
19 psychologist issued by the Department, in any manner hold
20 himself out to the public as a psychologist or clinical
21 psychologist under the provisions of this Act or render or
22 offer to render clinical psychological services as defined in
23 paragraph 7 of Section 2 of this Act; or attach the title
24 "clinical psychologist", "psychologist" or any other name or
25 designation which would in any way imply that he is able to
26 practice as a clinical psychologist; or offer to render or
27 render, to individuals, corporations or the public, clinical
28 psychological services as defined in paragraph 7 of Section 2
29 of this Act.
30 (b) No association or partnership shall be granted a
31 license unless every member, partner, and employee of the
32 association or partnership who renders clinical psychological
33 services holds a currently valid license issued under this
-6- LRB9001406DPcc
1 Act. No license shall be issued to a corporation, the stated
2 purpose of which includes or which practices or which holds
3 itself out as available to practice clinical psychology
4 unless it is organized under the provisions of the
5 Professional Service Corporation Act, approved September 15,
6 1969, as amended.
7 No person may engage in the practice of clinical
8 psychology, as defined in paragraph (5) of Section 2 of this
9 Act, without a license granted under this Act, except as
10 otherwise provided in this Act.
11 (c) Individuals, corporations, partnerships and
12 associations may employ practicum students, interns or
13 postdoctoral candidates seeking to fulfill educational
14 requirements or the professional experience requirements
15 needed to qualify for a license as a clinical psychologist to
16 assist in the rendering of services, provided that such
17 employees function under the direct supervision, order,
18 control and full professional responsibility of a licensed
19 clinical psychologist in the corporation, partnership or
20 association. Nothing in this paragraph shall prohibit a
21 corporation, partnership or association from contracting with
22 a licensed health care professional to provide services.
23 (d) Nothing in this Act shall prevent the employment, by
24 a clinical psychologist, individual, association, partnership
25 or a corporation furnishing clinical psychological services
26 for remuneration, of persons not licensed as clinical
27 psychologists under the provisions of this Act to perform
28 services in various capacities as needed, provided that such
29 persons are not in any manner held out to the public as
30 rendering clinical psychological services as defined in
31 paragraph 7 of Section 2 of this Act. Nothing contained in
32 this Act shall require any hospital, clinic, home health
33 agency, hospice, or other entity that provides health care
34 services to employ or to contract with a clinical
-7- LRB9001406DPcc
1 psychologist licensed under this Act to perform any of the
2 activities under paragraph (5) of Section 2 of this Act.
3 (e) Nothing in this Act shall be construed to limit the
4 services and use of official title on the part of a person,
5 not licensed under the provisions of this Act, in the employ
6 of a State, county or municipal agency or other political
7 subdivision insofar that such services are a part of the
8 duties in his salaried position, and insofar that such
9 services are performed solely on behalf of his employer.
10 Nothing contained in this Section shall be construed as
11 permitting such person to offer their services as
12 psychologists to any other persons and to accept remuneration
13 for such psychological services other than as specifically
14 excepted herein, unless they have been licensed under the
15 provisions of this Act.
16 (f) Duly recognized members of any bonafide religious
17 denomination shall not be restricted from functioning in
18 their ministerial capacity provided they do not represent
19 themselves as being clinical psychologists or providing
20 clinical psychological services.
21 (g) Nothing in this Act shall prohibit individuals not
22 licensed under the provisions of this Act who work in
23 self-help groups or programs or not-for-profit organizations
24 from providing services in those groups, programs, or
25 organizations, provided that such persons are not in any
26 manner held out to the public as rendering clinical
27 psychological services as defined in paragraph 7 of Section 2
28 of this Act.
29 (Source: P.A. 88-370.)
30 (Text of Section after amendment by P.A. 89-702)
31 Sec. 3. Necessity of license; corporations,
32 partnerships, and associations.
33 (a) No individual, partnership, association or
34 corporation shall, without a valid license as a clinical
-8- LRB9001406DPcc
1 psychologist issued by the Department, in any manner hold
2 himself or herself out to the public as a psychologist or
3 clinical psychologist under the provisions of this Act or
4 render or offer to render clinical psychological services as
5 defined in paragraph 7 of Section 2 of this Act; or attach
6 the title "clinical psychologist", "psychologist" or any
7 other name or designation which would in any way imply that
8 he or she is able to practice as a clinical psychologist; or
9 offer to render or render, to individuals, corporations, or
10 the public, clinical psychological services as defined in
11 paragraph 7 of Section 2 of this Act.
12 No person may engage in the practice of clinical
13 psychology, as defined in paragraph (5) of Section 2 of this
14 Act, without a license granted under this Act, except as
15 otherwise provided in this Act.
16 (a-5) Except as otherwise provided in this Act, no
17 person may engage in the independent practice of school
18 psychology without a license granted under this Act. No
19 individual, partnership, association, or corporation shall,
20 without a valid license as a school psychologist issued by
21 the Department, in any manner hold himself or herself out to
22 the public as a licensed school psychologist under the
23 provisions of this Act or render or offer to render
24 independent school psychological services, attach the title
25 "licensed school psychologist" or any other name or
26 designation that would in any way imply that he or she is
27 able to engage in the independent practice of school
28 psychology, or offer to render or render to individuals,
29 corporations, or the public independent school psychological
30 services. Nothing in this Act shall be construed to allow a
31 school psychologist to function as a general practitioner of
32 psychology unless the person is licensed as a general
33 practitioner of psychology.
34 (b) No association or partnership shall be granted a
-9- LRB9001406DPcc
1 license unless every member, partner, and employee of the
2 association or partnership who renders clinical psychological
3 services holds a currently valid license issued under this
4 Act. No license shall be issued by the Department to a
5 corporation that (i) has a stated purpose that includes
6 clinical psychology, or (ii) practices or holds itself out as
7 available to practice clinical psychology, unless it is
8 organized under the Professional Service Corporation Act.
9 (c) Individuals, corporations, partnerships and
10 associations may employ practicum students, interns or
11 postdoctoral candidates seeking to fulfill educational
12 requirements or the professional experience requirements
13 needed to qualify for a license as a clinical psychologist to
14 assist in the rendering of services, provided that such
15 employees function under the direct supervision, order,
16 control and full professional responsibility of a licensed
17 clinical psychologist in the corporation, partnership or
18 association. Nothing in this paragraph shall prohibit a
19 corporation, partnership or association from contracting with
20 a licensed health care professional to provide services.
21 (c-5) No association or partnership shall be granted a
22 license unless every member, partner, and employee of the
23 association or partnership who renders school psychological
24 services holds a license issued under this Act. No license
25 shall be issued to a corporation, the stated purpose of which
26 includes the practice of school psychology, or that practices
27 or holds itself out as available to practice school
28 psychology unless it is organized under the provisions of the
29 Professional Service Corporation Act.
30 (d) Nothing in this Act shall prevent the employment, by
31 a clinical psychologist, individual, association, partnership
32 or a corporation furnishing clinical psychological services
33 for remuneration, of persons not licensed as clinical
34 psychologists under the provisions of this Act to perform
-10- LRB9001406DPcc
1 services in various capacities as needed, provided that such
2 persons are not in any manner held out to the public as
3 rendering clinical psychological services as defined in
4 paragraph 7 of Section 2 of this Act. Nothing contained in
5 this Act shall require any hospital, clinic, home health
6 agency, hospice, or other entity that provides health care
7 services to employ or to contract with a clinical
8 psychologist licensed under this Act to perform any of the
9 activities under paragraph (5) of Section 2 of this Act.
10 (d-5) Nothing in this Act shall prevent the employment
11 by a school psychologist, individual, association,
12 partnership, or a corporation furnishing school psychological
13 services for remuneration, of persons not licensed as school
14 psychologists under the provisions of this Act to perform
15 services in various capacities as needed, provided that those
16 persons are not in any manner held out to the public as
17 rendering school psychological services. Nothing contained
18 in this Act shall require a hospital, clinic, home health
19 agency, hospice, or other entity that provides health care
20 services to employ or to contract with a school psychologist
21 licensed under this Act to perform any other activities under
22 subsection (8) of Section 2 of this Act.
23 (e) Nothing in this Act shall be construed to limit the
24 services and use of official title on the part of a person,
25 not licensed under the provisions of this Act, in the employ
26 of a State, county or municipal agency or other political
27 subdivision insofar that such services are a part of the
28 duties in his or her salaried position, and insofar that such
29 services are performed solely on behalf of his or her
30 employer.
31 Nothing contained in this Section shall be construed as
32 permitting such persons person to offer their services as
33 psychologists or school psychologists to any other persons
34 and to accept remuneration for such psychological services
-11- LRB9001406DPcc
1 other than as specifically excepted herein, unless they have
2 been licensed under the provisions of this Act.
3 (f) Duly recognized members of any bonafide religious
4 denomination shall not be restricted from functioning in
5 their ministerial capacity provided they do not represent
6 themselves as being clinical psychologists or school
7 psychologists or providing clinical psychological or school
8 psychological services.
9 (g) Nothing in this Act shall prohibit individuals not
10 licensed under the provisions of this Act who work in
11 self-help groups or programs or not-for-profit organizations
12 from providing services in those groups, programs, or
13 organizations, provided that such persons are not in any
14 manner held out to the public as rendering clinical
15 psychological or school psychological services as defined in
16 paragraph 7 of Section 2 of this Act.
17 (Source: P.A. 88-370; 89-702, eff. 7-1-97.)
18 (225 ILCS 15/4) (from Ch. 111, par. 5354)
19 (Text of Section before amendment by P.A. 89-702)
20 Sec. 4. (a) Nothing in this Act shall be construed to
21 limit the activities of and services of a student, intern or
22 resident in psychology seeking to fulfill educational
23 requirements or the experience requirements in order to
24 qualify for a license under this Act, or an individual
25 seeking to fulfill the postdoctoral experience requirements
26 in order to qualify for licensure under this Act provided
27 that such activities and services are under the direct
28 supervision, order, control and full professional
29 responsibility of a licensed clinical psychologist and
30 provided that such student, intern, or resident be designated
31 by a title "intern" or "resident" or other designation of
32 trainee status. Supervised experience in which the
33 supervisor receives monetary payment or other considerations
-12- LRB9001406DPcc
1 from the supervisee or in which the supervisor is hired by or
2 otherwise employed by the supervisee shall not be accepted by
3 the Department as fulfilling the practicum, internship or 2
4 years of satisfactory supervised experience requirements for
5 licensure. Nothing contained in this Section shall be
6 construed as permitting such students, interns, or residents
7 to offer their services as clinical psychologists to any
8 other person or persons and to accept remuneration for such
9 clinical psychological services other than as specifically
10 excepted herein, unless they have been licensed under the
11 provisions of this Act.
12 (b) Nothing in this Act shall be construed as permitting
13 persons licensed as clinical psychologists to engage in any
14 manner in the practice of medicine as defined in the laws of
15 this State. Persons licensed as clinical psychologists who
16 render services to persons in need of mental treatment or who
17 are mentally ill shall as appropriate initiate genuine
18 collaboration with a physician licensed in Illinois to
19 practice medicine in all its branches.
20 (c) Nothing in this Act shall be construed as
21 restricting an individual certified as a school psychologist
22 by the State Board of Education, who is at least 21 years of
23 age and has had at least 3 years of full-time experience as a
24 certified school psychologist, from using the title school
25 psychologist and offering school psychological services
26 limited to those services set forth in the rules and
27 regulations that govern the administration and operation of
28 special education pertaining to children and youth ages 0-21
29 prepared by the State Board of Education. Anyone offering
30 such services under the provisions of this paragraph shall
31 use the term school psychologist and describe such services
32 as "School Psychological Services". This exemption shall be
33 limited to the practice of school psychology only as
34 manifested through psychoeducational problems, and shall not
-13- LRB9001406DPcc
1 be construed to allow a school psychologist to function as a
2 general practitioner of clinical psychology, unless otherwise
3 licensed under this Act. However, nothing in this paragraph
4 prohibits a school psychologist from making evaluations,
5 recommendations or interventions regarding the placement of
6 children in educational programs or special education
7 classes, nor shall it prohibit school psychologists from
8 providing clinical psychological services under the
9 supervision of a licensed clinical psychologist. This
10 paragraph shall not be construed to mandate insurance
11 companies to reimburse school psychologists directly for the
12 services of school psychologists. Nothing in this paragraph
13 shall be construed to exclude anyone duly licensed under this
14 Act from offering psychological services in the school
15 setting. School psychologists providing services under the
16 provisions of this paragraph shall not provide such services
17 outside their employment to any child who is a student in the
18 district or districts which employ such school psychologist.
19 School psychologists, as described in this paragraph, shall
20 be under the regulatory authority of the State Board of
21 Education and the State Teacher Certification Board.
22 (d) Nothing in this Act shall be construed to limit the
23 activities and use of the official title of "psychologist" on
24 the part of a person not licensed under this Act who
25 possesses a doctoral degree earned in a program concentrated
26 primarily on the study of psychology and is an academic
27 employee of a duly chartered institution of higher education
28 insofar as such person engages in public speaking with or
29 without remuneration, provided that such person is not in any
30 manner held out to the public as practicing clinical
31 psychology as defined in paragraph 5 of Section 2 of this
32 Act, unless he has been licensed under the provisions of this
33 Act.
34 (e) Nothing in this Act shall be construed to regulate,
-14- LRB9001406DPcc
1 control, or restrict the clinical practice of any person
2 licensed, registered, or certified in this State under any
3 other Act, provided that such person is not in any manner
4 held out to the public as rendering clinical psychological
5 services as defined in paragraph 7 of Section 2 of this Act.
6 (f) Nothing in this Act shall be construed to limit the
7 activities and use of the title "psychologist" on the part of
8 a person who practices psychology and (i) who possesses a
9 doctoral degree earned in a program concentrated primarily on
10 the study of psychology; and (ii) whose services involve the
11 development and application of psychological theory and
12 methodology to problems of organizations and problems of
13 individuals and groups in organizational settings; and
14 provided further that such person is not in any manner held
15 out to the public as practicing clinical psychology and is
16 not held out to the public by any title, description or
17 designation stating or implying that he is a clinical
18 psychologist unless he has been licensed under the provisions
19 of this Act.
20 (Source: P.A. 86-740; 86-1356.)
21 (Text of Section after amendment by P.A. 89-702)
22 Sec. 4. Application of Act.
23 (a) Nothing in this Act shall be construed to limit the
24 activities of and services of a student, intern or resident
25 in psychology seeking to fulfill educational requirements or
26 the experience requirements in order to qualify for a license
27 under this Act, or an individual seeking to fulfill the
28 postdoctoral experience requirements in order to qualify for
29 licensure under this Act provided that such activities and
30 services are under the direct supervision, order, control and
31 full professional responsibility of a licensed clinical
32 psychologist and provided that such student, intern, or
33 resident be designated by a title "intern" or "resident" or
34 other designation of trainee status. Supervised experience
-15- LRB9001406DPcc
1 in which the supervisor receives monetary payment or other
2 considerations from the supervisee or in which the supervisor
3 is hired by or otherwise employed by the supervisee shall not
4 be accepted by the Department as fulfilling the practicum,
5 internship or 2 years of satisfactory supervised experience
6 requirements for licensure. Nothing contained in this Section
7 shall be construed as permitting such students, interns, or
8 residents to offer their services as clinical psychologists
9 to any other person or persons and to accept remuneration for
10 such clinical psychological services other than as
11 specifically excepted herein, unless they have been licensed
12 under the provisions of this Act.
13 (b) Nothing in this Act shall be construed as permitting
14 persons licensed as clinical psychologists or school
15 psychologists to engage in any manner in the practice of
16 medicine as defined in the laws of this State. Persons
17 licensed under this Act as clinical psychologists who render
18 services to persons in need of mental treatment or who are
19 mentally ill shall, as appropriate, initiate genuine
20 collaboration with a physician licensed in Illinois to
21 practice medicine in all its branches.
22 (c) Nothing in this Act shall be construed to mandate
23 insurance companies to reimburse school psychologists for the
24 independent practice of school psychology. Nothing in this
25 Act shall be construed as restricting an individual certified
26 as a school psychologist by the State Board of Education, who
27 is at least 21 years of age and has had at least 3 years of
28 full-time experience as a certified school psychologist, from
29 using the title school psychologist and offering school
30 psychological services limited to those services set forth in
31 the rules and regulations that govern the administration and
32 operation of special education pertaining to children and
33 youth ages 0-21 prepared by the State Board of Education.
34 Anyone offering such services under the provisions of this
-16- LRB9001406DPcc
1 paragraph shall use the term school psychologist and describe
2 such services as "School Psychological Services". This
3 exemption shall be limited to the practice of school
4 psychology only as manifested through psychoeducational
5 problems, and shall not be construed to allow a school
6 psychologist to function as a general practitioner of
7 clinical psychology, unless otherwise licensed under this
8 Act. However, nothing in this paragraph prohibits a school
9 psychologist from making evaluations, recommendations or
10 interventions regarding the placement of children in
11 educational programs or special education classes, nor shall
12 it prohibit school psychologists from providing clinical
13 psychological services under the supervision of a licensed
14 clinical psychologist. This paragraph shall not be construed
15 to mandate insurance companies to reimburse school
16 psychologists directly for the services of school
17 psychologists. Nothing in this paragraph shall be construed
18 to exclude anyone duly licensed under this Act from offering
19 psychological services in the school setting. School
20 psychologists providing services under the provisions of this
21 paragraph shall not provide such services outside their
22 employment to any child who is a student in the district or
23 districts which employ such school psychologist. School
24 psychologists, as described in this paragraph, shall be under
25 the regulatory authority of the State Board of Education and
26 the State Teacher Certification Board.
27 (d) Nothing in this Act shall be construed to limit the
28 activities and use of the official title of "psychologist" on
29 the part of a person not licensed under this Act who
30 possesses a doctoral degree earned in a program concentrated
31 primarily on the study of psychology and is an academic
32 employee of a duly chartered institution of higher education
33 insofar as such person engages in public speaking with or
34 without remuneration, provided that such person is not in any
-17- LRB9001406DPcc
1 manner held out to the public as practicing clinical
2 psychology as defined in paragraph 5 of Section 2 of this
3 Act, unless he or she has been licensed under the provisions
4 of this Act.
5 (d-5) Nothing in this Act shall be construed to limit
6 the activities and use of the official title of "school
7 psychologist" on the part of a person not licensed under this
8 Act who possesses a master's, educational specialist, or
9 doctoral degree earned in a program concentrated primarily on
10 the study of school psychology and who is an academic
11 employee of a duly chartered institution of higher education
12 insofar as the person engages in public speaking with or
13 without remuneration and provided that the person is not in
14 any manner held out to the public as practicing school
15 psychology, unless he or she has been licensed under the
16 provisions of this Act.
17 (e) Nothing in this Act shall be construed to regulate,
18 control, or restrict the clinical practice of any person
19 licensed, registered, or certified in this State under any
20 other Act, provided that such person is not in any manner
21 held out to the public as rendering clinical psychological
22 services as defined in paragraph 7 of Section 2 of this Act.
23 (f) Nothing in this Act shall be construed to limit the
24 activities and use of the title "psychologist" on the part of
25 a person who practices psychology and (i) who possesses a
26 doctoral degree earned in a program concentrated primarily on
27 the study of psychology; and (ii) whose services involve the
28 development and application of psychological theory and
29 methodology to problems of organizations and problems of
30 individuals and groups in organizational settings; and
31 provided further that such person is not in any manner held
32 out to the public as practicing clinical psychology and is
33 not held out to the public by any title, description or
34 designation stating or implying that he or she is a clinical
-18- LRB9001406DPcc
1 psychologist unless he or she has been licensed under the
2 provisions of this Act.
3 (Source: P.A. 89-702, eff. 7-1-97.)
4 (225 ILCS 15/5) (from Ch. 111, par. 5355)
5 (Text of Section before amendment by P.A. 89-702)
6 Sec. 5. Privileged communications and exceptions.
7 No clinical psychologist shall disclose any information
8 he may have acquired from persons consulting him in his
9 professional capacity, to any persons except only:
10 (1) in trials for homicide when the disclosure
11 relates directly to the fact or immediate circumstances
12 of the homicide,
13 (2) in all proceedings the purpose of which is to
14 determine mental competency, or in which a defense of
15 mental incapacity is raised,
16 (3) in actions, civil or criminal, against the
17 psychologist for malpractice,
18 (4) with the expressed consent of the client, or in
19 the case of his death or disability, or his personal
20 representative or other person authorized to sue or of
21 the beneficiary of an insurance policy on his life,
22 health or physical condition, or
23 (5) upon an issue as to the validity of a document
24 as a will of a client. In the event of a conflict
25 between the application of this Section and the Mental
26 Health and Developmental Disabilities Confidentiality Act
27 to a specific situation, the provisions of the Mental
28 Health and Developmental Disabilities Confidentiality Act
29 shall control.
30 (6) in the case of death or disability, with the
31 written consent of a personal representative or another
32 person authorized to sue, or of the beneficiary of an
33 insurance policy on the individual's life, health, or
-19- LRB9001406DPcc
1 physical condition;
2 (Source: P.A. 85-947.)
3 (Text of Section after amendment by P.A. 89-702)
4 Sec. 5. Privileged communications and exceptions.
5 (a) Confidentiality of information. No clinical
6 psychologist person licensed under this Act shall disclose
7 any information he or she may have acquired from persons
8 consulting him or her in his or her professional capacity, to
9 any persons except information may be voluntarily disclosed
10 under the following circumstances only:
11 (1) in trials for homicide when the disclosure
12 relates directly to the fact or immediate circumstances
13 of the homicide;,
14 (2) in all proceedings the purpose of which is to
15 determine mental competency, or in which a defense of
16 mental incapacity is raised;,
17 (3) in actions, civil or criminal, against the
18 licensed clinical or school psychologist for
19 malpractice;,
20 (4) with the written expressed consent of the
21 person who provided the information; client, or in the
22 case of his or her death or disability, or his or her
23 personal representative or other person authorized to sue
24 or of the beneficiary of an insurance policy on his or
25 her life, health or physical condition, or
26 (5) upon an issue as to the validity of a document
27 as a will of a client. In the event of a conflict
28 between the application of this Section and the Mental
29 Health and Developmental Disabilities Confidentiality Act
30 to a specific situation, the provisions of the Mental
31 Health and Developmental Disabilities Confidentiality Act
32 shall control;.
33 (6) in the case of death or disability, with the
34 written consent of a personal representative or another
-20- LRB9001406DPcc
1 person authorized to sue, or of the beneficiary of an
2 insurance policy on the individual's life, health, or
3 physical condition;
4 (7) in the course of formally reporting,
5 conferring, or consulting with administrative superiors,
6 colleagues, or consultants who share professional
7 responsibility, in which instance all recipients of the
8 information are similarly bound to regard the
9 communication as privileged;
10 (8) when a communication reveals the intended
11 commission of a crime or harmful act and disclosure of
12 the communication is judged necessary by the licensee to
13 protect a person from a clear, imminent risk of serious
14 mental or physical harm or injury or to forestall a
15 serious threat to the public safety;
16 (9) when the person waives the privilege by
17 bringing a public charge against the clinical or school
18 psychologist who is licensed under this Act; or
19 (10) when the information is acquired during the
20 course of investigating a report or working on a case of
21 elder abuse, neglect, or financial exploitation by a
22 designated Elder Abuse Provider Agency and disclosure of
23 the information is in accordance with the provisions of
24 Section 8 of the Elder Abuse and Neglect Act.
25 (b) When the person is a minor under the laws of this
26 State and the information acquired by a person licensed under
27 this Act indicates the minor was the victim or subject of a
28 crime, the licensee may be required to testify in a judicial
29 proceeding in which the commission of that crime is the
30 subject of inquiry and when, after in camera review of the
31 information that the licensee acquired, the court determines
32 that the interests of the minor in having the information
33 held privileged are outweighed by the requirements of
34 justice, the need to protect the public safety, or the need
-21- LRB9001406DPcc
1 to protect the minor, except as provided under the Abused and
2 Neglected Child Reporting Act.
3 (c) Any person having access to records or anyone who
4 participates in providing psychological or school
5 psychological services or who, in providing any human
6 services, is supervised by a person licensed under this Act,
7 is similarly bound to regard all information and
8 communications as privileged in accord with this Section.
9 (d) Nothing in this Act shall be construed to prohibit a
10 licensed clinical psychologist or licensed school
11 psychologist from voluntarily testifying in court hearings
12 concerning matters of adoption, child abuse, child neglect,
13 or other matters pertaining to children, except as provided
14 under the Abused and Neglected Child Reporting Act.
15 (e) The Mental Health and Developmental Disabilities
16 Confidentiality Act is incorporated in this Act as if all of
17 its provisions were included in this Act.
18 (Source: P.A. 89-702, eff. 7-1-97.)
19 (225 ILCS 15/6) (from Ch. 111, par. 5356)
20 Sec. 6. Department duties. Subject to the provisions of
21 this Act, the Department shall:
22 (1) Authorize examinations to ascertain the
23 qualifications and fitness of applicants for licensure as
24 clinical psychologists or school psychologists and pass
25 upon the qualifications of applicants for reciprocal
26 licensure.
27 (2) Conduct hearings on proceedings to refuse to
28 issue or renew or to revoke licenses or suspend, place on
29 probation, censure or reprimand persons licensed under
30 the provisions of this Act, and to refuse to issue or to
31 suspend or to revoke or to refuse to renew licenses or to
32 place on probation, censure or reprimand such persons
33 licensed under the provisions of this Act.
-22- LRB9001406DPcc
1 (3) Formulate rules and regulations required for the
2 administration of this Act.
3 (Source: P.A. 85-947.)
4 (225 ILCS 15/7) (from Ch. 111, par. 5357)
5 (Text of Section before amendment by P.A. 89-702)
6 Sec. 7. The Director shall appoint a committee which
7 shall serve in an advisory capacity to the Director.
8 The committee shall consist of 7 persons, 4 of whom are
9 licensed clinical psychologists, and actively engaged in the
10 practice of clinical psychology, 2 of whom are full time
11 faculty members of accredited colleges or universities who
12 are engaged in training clinical psychologists, and one of
13 whom is a public member who is not a licensed health care
14 provider. In appointing members of the committee, the
15 Director shall give due consideration to the adequate
16 representation of the various fields of health care
17 psychology such as clinical psychology, school psychology and
18 counseling psychology. In appointing members of the
19 committee, the Director shall give due consideration to
20 recommendations by members of the profession of clinical
21 psychology and by the State-wide organizations representing
22 the interests of clinical psychologists and organizations
23 representing the interests of academic programs as well as
24 recommendations by approved doctoral level psychology
25 programs in the State of Illinois. The members shall be
26 appointed for a term of 4 years. No member shall be eligible
27 to serve for more than 2 full terms. Any appointment to fill
28 a vacancy shall be for the unexpired portion of the term. A
29 member appointed to fill a vacancy shall be eligible for
30 reappointment to only one full term. The Director may remove
31 any member for cause at any time prior to the expiration of
32 his term.
33 The committee shall annually elect one of its members as
-23- LRB9001406DPcc
1 chairman.
2 The members of the committee shall be reimbursed for all
3 legitimate and necessary expenses incurred in attending the
4 meetings of the committee.
5 The Director shall give due consideration to all
6 recommendations of the committee. In the event the Director
7 disagrees with or takes action contrary to the recommendation
8 of the committee, he shall provide the committee with a
9 written and specific explanation of his actions.
10 The members of the committee in existence on the
11 effective date of this Act may be appointed to terms under
12 this Act.
13 The Director may terminate the appointment of any member
14 for cause which in the opinion of the Director reasonably
15 justifies such termination.
16 (Source: P.A. 87-698.)
17 (Text of Section after amendment by P.A. 89-702)
18 Sec. 7. Board. The Director shall appoint a Board that
19 shall serve in an advisory capacity to the Director.
20 The Board shall consist of 7 persons, 2 4 of whom are
21 licensed clinical psychologists, and actively engaged in the
22 practice of clinical psychology, 1 of whom is a licensed
23 school psychologist and actively engaged in the practice of
24 school psychology; 2 of whom are licensed clinical
25 psychologists and are full time faculty members of accredited
26 colleges or universities, 1 of whom is who are engaged in
27 training clinical psychologists and 1 of whom is engaged in
28 training school psychologists;, and 2 one of whom are is a
29 public members member who are is not a licensed health care
30 providers provider. In appointing members of the Board, the
31 Director shall give due consideration to the adequate
32 representation of the various fields of health care
33 psychology such as clinical psychology, school psychology and
34 counseling psychology. In appointing members of the Board,
-24- LRB9001406DPcc
1 the Director shall give due consideration to recommendations
2 by members of the professions profession of clinical
3 psychology and school psychology and by the State-wide
4 organizations representing the interests of clinical
5 psychologists and school psychologists and organizations
6 representing the interests of academic programs as well as
7 recommendations by approved doctoral level psychology, school
8 psychology, and counseling programs in the State of Illinois.
9 The members shall be appointed for a term of 4 years. No
10 member shall be eligible to serve for more than 2 full terms.
11 Any appointment to fill a vacancy shall be for the unexpired
12 portion of the term. A member appointed to fill a vacancy
13 shall be eligible for reappointment to only one full term.
14 The Director may remove any member for cause at any time
15 prior to the expiration of his or her term.
16 The Board shall annually elect one of its members as
17 chairperson and vice chairperson.
18 The members of the Board shall be reimbursed for all
19 authorized legitimate and necessary expenses incurred in
20 attending the meetings of the Board.
21 The Director shall give due consideration to all
22 recommendations of the Board. In the event the Director
23 disagrees with or takes action contrary to the recommendation
24 of the Board, he or she shall provide the Board with a
25 written and specific explanation of his or her actions.
26 A majority of the Board members currently appointed shall
27 constitute a quorum. A vacancy in the membership of the
28 Board shall not impair the right of a quorum to perform all
29 of the duties of the Board.
30 Members of the Board shall have no liability in any
31 action based upon any disciplinary proceeding or other
32 activity performed in good faith as a member of the Board.
33 The Director may terminate the appointment of any member
34 for cause which in the opinion of the Director reasonably
-25- LRB9001406DPcc
1 justifies such termination.
2 (Source: P.A. 89-702, eff. 7-1-97.)
3 (225 ILCS 15/10) (from Ch. 111, par. 5360)
4 (Text of Section before amendment by P.A. 89-702)
5 Sec. 10. The Department, except as provided in Section
6 11 of this Act, shall issue a license as a clinical
7 psychologist to any person who pays an application fee and
8 who:
9 (1) Is at least 21 years of age; and has not
10 engaged in conduct or activities which would constitute
11 grounds for discipline under this Act;
12 (2) (Blank);
13 (3) Is a graduate of a doctoral program from a
14 college, university or school accredited by the regional
15 accrediting body which is recognized by the Council on
16 Postsecondary Accreditation and is in the jurisdiction in
17 which it is located for purposes of granting the doctoral
18 degree and either:
19 (a) is a graduate of a doctoral program in
20 clinical, school or counseling psychology either
21 accredited by the American Psychological Association
22 or approved by the Council for the National Register
23 of Health Service Providers in Psychology or other
24 national board recognized by the Committee, and has
25 completed 2 years of satisfactory supervised
26 experience in clinical, school or counseling
27 psychology at least one of which is an internship
28 and one of which is postdoctoral; or
29 (b) holds a doctoral degree from a recognized
30 college, university or school which the Department,
31 through its rules, establishes as being equivalent
32 to a clinical, school or counseling psychology
33 program and has completed at least one course in
-26- LRB9001406DPcc
1 each of the following 7 content areas, in actual
2 attendance at a recognized university, college or
3 school whose graduates would be eligible for
4 licensure under this Act: scientific and
5 professional ethics, biological basis of behavior,
6 cognitive-affective basis of behavior, social basis
7 of behavior, individual differences, assessment, and
8 treatment modalities; and has completed 2 years of
9 satisfactory supervised experience in clinical,
10 school or counseling psychology, at least one of
11 which is an internship and one of which is
12 postdoctoral;
13 (4) Has passed an examination authorized by the
14 Department to determine his fitness to receive a license;
15 and
16 (5) If an individual holds a doctorate in
17 psychology or in a program whose content is psychological
18 in nature from an accredited college, university or
19 school not meeting the standards of paragraph (a) or (b),
20 of subsection (3), of Section 10, of this Act he or she
21 shall provide evidence of the completion of at least one
22 course in each of the 7 content areas specified in
23 paragraph (b) of subsection 3, of Section 10, of this Act
24 in actual attendance, at a recognized university, school
25 or college whose graduate would be eligible for licensure
26 under this Act; and that he or she has completed an
27 appropriate practicum, an internship or equivalent
28 supervised clinical experience in an organized mental
29 health care setting and 2 years of satisfactory
30 supervised experience in clinical or counseling
31 psychology, at least one of which is postdoctoral; and
32 shall pass the examination specified in subsection 4, of
33 Section 10, of this Act.
34 Applicants for licensure under Section 10, subsection 3(a)
-27- LRB9001406DPcc
1 and 3(b) of this Act shall complete 2 years of satisfactory
2 supervised experience, at least one of which shall be an
3 internship and one of which shall be postdoctoral. A year of
4 supervised experience is defined as not less than 1,750 hours
5 obtained in not less than 50 weeks based on 35 hours per week
6 for full-time work experience. Full-time supervised
7 experience will be counted only if it is obtained in a single
8 setting for a minimum of 6 months. Part-time and internship
9 experience will be counted only if it is 18 hours or more a
10 week for a minimum of 9 months and is in a single setting.
11 The internship experience required under Section 10,
12 subsection 3(a) and 3(b) of this Act shall be a minimum of
13 1,750 hours completed within 24 months.
14 Programs leading to a doctoral degree require
15 minimally the equivalent of 3 full-time academic years of
16 graduate study, at least 2 years of which are at the
17 institution from which the degree is granted, and of
18 which at least one year or its equivalent is in residence
19 at the institution from which the degree is granted.
20 Course work for which credit is given for life experience
21 will not be accepted by the Department as fulfilling the
22 educational requirements for licensure. Residence
23 requires interaction with psychology faculty and other
24 matriculated psychology students; one year's residence or
25 its equivalent is defined as follows:
26 (a) 30 semester hours taken on a full-time or
27 part-time basis at the institution accumulated
28 within 24 months, or
29 (b) a minimum of 350 hours of student-faculty
30 contact involving face-to-face individual or group
31 courses or seminars accumulated within 18 months.
32 Such educational meetings must include both
33 faculty-student and student-student interaction, be
34 conducted by the psychology faculty of the
-28- LRB9001406DPcc
1 institution at least 90% of the time, be fully
2 documented by the institution, and relate
3 substantially to the program and course content.
4 The institution must clearly document how the
5 applicant's performance is assessed and evaluated.
6 (6) Until December 31, 1995, an individual who,
7 prior to December 31, 1988, received a doctorate degree
8 in clinical or counseling psychology from a psychology
9 program which, at the time the doctorate degree was
10 granted, was approved by the Department under the
11 Psychologist Registration Act, or an individual who, on
12 December 31, 1988, was enrolled in a clinical or
13 counseling psychology program which was an approved
14 program under the Psychologist Registration Act on
15 December 31, 1988, may apply for licensure pursuant to
16 the provisions of this Section provided that he or she
17 holds a doctorate degree from the approved psychology
18 program and has completed an appropriate practicum, an
19 internship or equivalent supervised clinical experience
20 in an organized health care setting and 2 years of
21 satisfactory supervised experience in clinical or
22 counseling psychology, at least one of which is
23 postdoctoral; and shall pass the examination specified in
24 paragraph (4) of this Section.
25 (7) An individual who was not licensed under this
26 Act and who was in the full time employ of this State, a
27 county or municipal agency thereof as of January 31,
28 1988, who provided clinical psychology services as a part
29 of his or her salaried position and such services were
30 performed solely on behalf of the employer, may be
31 licensed pursuant to this Act if the following conditions
32 are met:
33 (a) such person holds and can provide
34 certified documentation that he possesses a doctoral
-29- LRB9001406DPcc
1 degree from a university, college or school in the
2 field of clinical or counseling psychology; and
3 (b) such person has had at least 5 years of
4 satisfactory professional experience in rendering
5 clinical psychological services, including at least
6 2 years of satisfactory supervised experience in
7 rendering clinical psychological services, one of
8 which is an internship; can meet the requirements of
9 paragraphs (1) and (2) of this Section; pays the
10 application fee as required by this Section; and has
11 passed the examination required by paragraph (4) of
12 this Section by June 30, 1991. Individuals who
13 believe they are qualified to receive a license
14 pursuant to this paragraph shall apply to the
15 Department on forms provided by the Department to
16 receive approval to sit for the examination required
17 pursuant to paragraph (4) within 21 days after the
18 effective date of this amendatory Act of 1990.
19 To meet the requirement for satisfactory supervised
20 experience, under this Act the supervision must be performed
21 pursuant to the order, control and full professional
22 responsibility of a licensed clinical psychologist. The
23 clients shall be the clients of the agency or supervisor
24 rather than the supervisee. Supervised experience in which
25 the supervisor receives monetary payment or other
26 consideration from the supervisee or in which the supervisor
27 is hired by or otherwise employed by the supervisee shall not
28 be accepted by the Department as fulfilling the practicum,
29 internship or 2 years of satisfactory supervised experience
30 requirements for licensure.
31 Examinations for applicants under this Act shall be held
32 at the direction of the Department from time to time but not
33 less than once each year. The scope and form of the
34 examination shall be determined by the Department.
-30- LRB9001406DPcc
1 Each applicant for a license who possesses the necessary
2 qualifications therefor shall be examined by the Department,
3 and shall pay to the Department, or its designated testing
4 service, the required examination fee, which fee shall not be
5 refunded by the Department.
6 If an applicant neglects, fails, or refuses to take an
7 examination, or fails to pass an examination for licensure
8 under this Act within 3 years after filing his or her
9 application, the fee paid by the applicant shall be forfeited
10 to the Department and the application shall be denied.
11 However, such applicant may thereafter make a new application
12 for examination, accompanied by the required fee, and provide
13 evidence of meeting the requirements in effect at the time of
14 the new application.
15 An applicant has one year from the date of notification
16 of successful completion of the examination to apply to the
17 Department for a license. If an applicant fails to apply
18 within one year, the applicant shall be required to take and
19 pass the examination again unless licensed in another
20 jurisdiction of the United States within one year of passing
21 the examination.
22 (Source: P.A. 89-387, eff. 8-20-95.)
23 (Text of Section after amendment by P.A. 89-702)
24 Sec. 10. Qualifications of applicants; examination.
25 (a) The Department, except as provided in Section 11 of
26 this Act, shall issue a license as a clinical psychologist to
27 any person who pays an application fee and who:
28 (1) is at least 21 years of age; and has not
29 engaged in conduct or activities which would constitute
30 grounds for discipline under this Act;
31 (2) (blank);
32 (3) is a graduate of a doctoral program from a
33 college, university or school accredited by the regional
34 accrediting body which is recognized by the Council on
-31- LRB9001406DPcc
1 Postsecondary Accreditation and is in the jurisdiction in
2 which it is located for purposes of granting the doctoral
3 degree and either:
4 (A) (a) is a graduate of a doctoral program in
5 clinical, school or counseling psychology either
6 accredited by the American Psychological Association
7 or approved by the Council for the National Register
8 of Health Service Providers in Psychology or other
9 national board recognized by the Board, and has
10 completed 2 years of satisfactory supervised
11 experience in clinical, school or counseling
12 psychology at least one of which is an internship
13 and one of which is postdoctoral; or
14 (B) (b) holds a doctoral degree from a
15 recognized college, university or school which the
16 Department, through its rules, establishes as being
17 equivalent to a clinical, school or counseling
18 psychology program and has completed at least one
19 course in each of the following 7 content areas, in
20 actual attendance at a recognized university,
21 college or school whose graduates would be eligible
22 for licensure under this Act: scientific and
23 professional ethics, biological basis of behavior,
24 cognitive-affective basis of behavior, social basis
25 of behavior, individual differences, assessment, and
26 treatment modalities; and has completed 2 years of
27 satisfactory supervised experience in clinical,
28 school or counseling psychology, at least one of
29 which is an internship and one of which is
30 postdoctoral;
31 (4) has passed an examination authorized by the
32 Department to determine his or her fitness to receive a
33 license; and
34 (5) if an individual holds a doctorate in
-32- LRB9001406DPcc
1 psychology or in a program whose content is psychological
2 in nature from an accredited college, university or
3 school not meeting the standards of item (A) or (B)
4 paragraph (a) or (b) of subdivision subsection (3) of
5 Section 10 of this Act, he or she shall provide evidence
6 of the completion of at least one course in each of the 7
7 content areas specified in item (B) paragraph (b) of
8 subsection 3 of Section 10, of this Act in actual
9 attendance, at a recognized university, school or college
10 whose graduate would be eligible for licensure under this
11 Act; and that he or she has completed an appropriate
12 practicum, an internship or equivalent supervised
13 clinical experience in an organized mental health care
14 setting and 2 years of satisfactory supervised experience
15 in clinical, school, or counseling psychology, at least
16 one of which is postdoctoral; and shall pass the
17 examination specified in subsection 4 of Section 10 of
18 this Act.
19 Applicants for licensure under items (A) and (B) of
20 subdivision (3) Section 10, subsection 3(a) and 3(b) of this
21 Act shall complete 2 years of satisfactory supervised
22 experience, at least one of which shall be an internship and
23 one of which shall be postdoctoral. A year of supervised
24 experience is defined as not less than 1,750 hours obtained
25 in not less than 50 weeks based on 35 hours per week for
26 full-time work experience. Full-time supervised experience
27 will be counted only if it is obtained in a single setting
28 for a minimum of 6 months. Part-time and internship
29 experience will be counted only if it is 18 hours or more a
30 week for a minimum of 9 months and is in a single setting.
31 The internship experience required under items (A) and (B) of
32 subdivision (3) Section 10, subsection 3(a) and 3(b) of this
33 Act shall be a minimum of 1,750 hours completed within 24
34 months.
-33- LRB9001406DPcc
1 Programs leading to a doctoral degree require
2 minimally the equivalent of 3 full-time academic years of
3 graduate study, at least 2 years of which are at the
4 institution from which the degree is granted, and of
5 which at least one year or its equivalent is in residence
6 at the institution from which the degree is granted.
7 Course work for which credit is given for life experience
8 will not be accepted by the Department as fulfilling the
9 educational requirements for licensure as a clinical
10 psychologist. Residence requires interaction with
11 psychology faculty and other matriculated psychology
12 students; one year's residence or its equivalent is
13 defined as follows:
14 (A) (a) 30 semester hours taken on a full-time
15 or part-time basis at the institution accumulated
16 within 24 months, or
17 (B) (b) a minimum of 350 hours of
18 student-faculty contact involving face-to-face
19 individual or group courses or seminars accumulated
20 within 18 months. Such educational meetings must
21 include both faculty-student and student-student
22 interaction, be conducted by the psychology faculty
23 of the institution at least 90% of the time, be
24 fully documented by the institution, and relate
25 substantially to the program and course content.
26 The institution must clearly document how the
27 applicant's performance is assessed and evaluated.
28 To meet the requirement for satisfactory supervised
29 experience, under this Act the supervision must be performed
30 pursuant to the order, control and full professional
31 responsibility of a licensed clinical psychologist. The
32 clients shall be the clients of the agency or supervisor
33 rather than the supervisee. Supervised experience in which
34 the supervisor receives monetary payment or other
-34- LRB9001406DPcc
1 consideration from the supervisee or in which the supervisor
2 is hired by or otherwise employed by the supervisee shall not
3 be accepted by the Department as fulfilling the practicum,
4 internship or 2 years of satisfactory supervised experience
5 requirements for licensure.
6 (b) The Department, except as provided in Sections 6 and
7 11 of this Act, shall issue a license to practice school
8 psychology to a person who pays an application fee and who:
9 (1) is at least 21 years of age and has not engaged
10 in conduct or activities that would constitute grounds
11 for discipline under this Act;
12 (2) holds a School Service Personnel Certificate
13 (Type 73) with endorsement as a school psychologist
14 issued by the Illinois State Board of Education;
15 (3) has graduated with a master's degree or higher
16 degree in psychology or educational psychology with
17 specialization in school psychology, including a minimum
18 of 60 semester hours of coursework, field experience, and
19 internship at the graduate level. In addition, the
20 applicant must have completed coursework in each of the
21 following 5 content areas: psychological foundations,
22 including biological basis of behavior, human learning,
23 social and cultural bases of behavior, child and
24 adolescent development, and individual differences;
25 educational foundations; interventions and problem
26 solving; statistics and research methodology; and
27 professional school psychology;
28 (4) has completed a full school year internship of
29 at least 1,200 clock hours under the direct supervision
30 of a certified school psychologist, as defined in Section
31 14-1.09 of the School Code, who holds a school service
32 personnel certificate, as defined under Section 21-25 of
33 the School Code;
34 (5) has at least 1,750 hours of post-certification
-35- LRB9001406DPcc
1 experience supervised by a cooperating school
2 psychologist; and
3 (6) has passed a written examination concerning the
4 practice of school psychology approved by the Department.
5 An Illinois certified school psychologist with 3 years of
6 supervised experience as a school psychologist who has passed
7 the National School Psychology Examination prepared by the
8 Educational Testing Service and who is in good standing as of
9 the effective date of this amendatory Act of 1997 under the
10 National School Psychology Certification System (NSPCS) and
11 who holds the title of Nationally Certified School
12 Psychologist (NCSP) shall be eligible to apply for a license
13 as a school psychologist during the 2-year period following
14 the effective date of this amendatory Act of 1997 without
15 further examination.
16 Pursuant to rule, a person with 3 years of supervised
17 experience as a certified school psychologist and who is in
18 good standing as of the effective date of this amendatory Act
19 of 1997 under a School Service Personnel Certificate endorsed
20 for School Psychology issued by the State Teacher
21 Certification Board shall be eligible to receive a license by
22 passing the National School Psychology Examination prepared
23 by the Educational Testing Service during the 2-year period
24 following the effective date of this amendatory Act of 1997.
25 For 2 years following the effective date of this
26 amendatory Act of 1997, the Department shall issue a
27 temporary, nonrenewable license, without examination, to a
28 person who demonstrates to the Department that the person
29 meets the educational qualifications of a licensed school
30 psychologist as set forth in this Act and has been a
31 certified school psychologist for at least 3 years. A person
32 holding a temporary license shall pass the Board-approved
33 examination within 2 years following the effective date of
34 this amendatory Act of 1997 to determine his or her fitness
-36- LRB9001406DPcc
1 to receive a license.
2 (c) Examinations for applicants under this Act shall be
3 held at the direction of the Department from time to time but
4 not less than once each year. The scope and form of the
5 examination shall be determined by the Department.
6 (d) Each applicant for a license who possesses the
7 necessary qualifications therefor shall be examined by the
8 Department, and shall pay to the Department, or its
9 designated testing service, the required examination fee,
10 which fee shall not be refunded by the Department.
11 (e) Applicants have 3 years from the date of application
12 to complete the application process. If the process has not
13 been completed in 3 years, the application shall be denied,
14 the fee shall be forfeited, and the applicant must reapply
15 and meet the requirements in effect at the time of
16 reapplication.
17 (f) An applicant has one year from the date of
18 notification of successful completion of the examination to
19 apply to the Department for a license. If an applicant fails
20 to apply within one year, the applicant shall be required to
21 take and pass the examination again unless licensed in
22 another jurisdiction of the United States within one year of
23 passing the examination.
24 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
25 (225 ILCS 15/11) (from Ch. 111, par. 5361)
26 (Text of Section before amendment by P.A. 89-702)
27 Sec. 11. Persons licensed in other jurisdictions.
28 (a) he Department may, in its discretion, grant a
29 license on payment of the required fee to any person who, at
30 the time of application, is licensed by a similar board of
31 another state or the United States or of a foreign country or
32 province whose standards, in the opinion of the Department,
33 were substantially equivalent, at the date of his licensure
-37- LRB9001406DPcc
1 in the other jurisdiction, to the requirements of this Act or
2 to any person who, at the time of his licensure, possessed
3 individual qualifications which were substantially equivalent
4 to the requirements then in force in this State.
5 (b) The Department may issue a license, upon
6 recommendation of the Board, to an individual applicant who:
7 (1) has been licensed to practice psychology in one
8 or more other states or Canada for at least 20 years;
9 (2) has had no disciplinary action taken against
10 his or her license in any other jurisdiction during the
11 entire period of licensure;
12 (3) submits the appropriate fee and application;
13 (4) has not violated any provision of this Act or
14 the rules adopted under this Act; and
15 (5) complies with all additional rules promulgated
16 under this subsection.
17 The Department may promulgate rules to further define
18 these licensing criteria.
19 (c) Applicants have 3 years from the date of application
20 to complete the application process. If the process has not
21 been completed in 3 years, the application shall be denied,
22 the fee shall be forfeited, and the applicant must reapply
23 and meet the requirements in effect at the time of
24 reapplication.
25 (Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96.)
26 (Text of Section after amendment by P.A. 89-702)
27 Sec. 11. Persons licensed in other jurisdictions.
28 (a) The Department may, in its discretion, grant a
29 license on payment of the required fee to any person who, at
30 the time of application, is licensed by a similar board of
31 another state or the United States or of a foreign country or
32 province whose standards, in the opinion of the Department,
33 were substantially equivalent, at the date of his or her
34 licensure in the other jurisdiction, to the requirements of
-38- LRB9001406DPcc
1 this Act or to any person who, at the time of his or her
2 licensure, possessed individual qualifications that were
3 substantially equivalent to the requirements then in force in
4 this State.
5 (b) The Department may issue a license, upon
6 recommendation of the Board, to an individual applicant who:
7 (1) has been licensed based on a doctorate degree
8 to practice psychology in one or more other states or
9 Canada for at least 20 years;
10 (2) has had no disciplinary action taken against
11 his or her license in any other jurisdiction during the
12 entire period of licensure;
13 (3) submits the appropriate fee and application;
14 (4) has not violated any provision of this Act or
15 the rules adopted under this Act; and
16 (5) complies with all additional rules promulgated
17 under this subsection.
18 The Department may promulgate rules to further define
19 these licensing criteria.
20 (b-5) The Department may grant a license as a school
21 psychologist on payment of the required fee to a person who,
22 at the time of application, is in good standing under the
23 National School Psychology Certification System (NSPCS) and
24 holds the title of Nationally Certified School Psychologist
25 (NCSP).
26 (c) Applicants have 3 years from the date of application
27 to complete the application process. If the process has not
28 been completed in 3 years, the application shall be denied,
29 the fee shall be forfeited, and the applicant must reapply
30 and meet the requirements in effect at the time of
31 reapplication.
32 (Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96;
33 89-702, eff. 7-1-97.)
-39- LRB9001406DPcc
1 (225 ILCS 15/13) (from Ch. 111, par. 5363)
2 (Text of Section before amendment by P.A. 89-702)
3 Sec. 13. The expiration date and renewal period for each
4 license issued under this Act shall be set by rule. Every
5 holder of a license under this Act may renew such license
6 during the month preceding the expiration date thereof upon
7 payment of the required renewal fees.
8 A clinical psychologist who has permitted his license to
9 expire or who has had his license on inactive status may have
10 his license restored by making application to the Department
11 and filing proof acceptable to the Department of his fitness
12 to have his license restored, including evidence certifying
13 to active practice in another jurisdiction satisfactory to
14 the Department and by paying the required restoration fee.
15 If the clinical psychologist has not maintained an active
16 practice in another jurisdiction satisfactory to the
17 Department, the Committee shall determine, by an evaluation
18 program established by rule, his fitness to resume active
19 status and may require the clinical psychologist to complete
20 a period of supervised professional experience and may
21 require successful completion of an examination.
22 However, any clinical psychologist whose license expired
23 while he was (1) in federal service on active duty with the
24 Armed Forces of the United States, or the State Militia
25 called into service or training, or (2) in training or
26 education under the supervision of the United States
27 preliminary to induction into the military service, may have
28 his license renewed or restored without paying any lapsed
29 renewal fees if within 2 years after honorable termination of
30 such service, training or education he furnishes the
31 Department with satisfactory evidence to the effect that he
32 has been so engaged and that his service, training or
33 education has been so terminated.
34 (Source: P.A. 85-947.)
-40- LRB9001406DPcc
1 (Text of Section after amendment by P.A. 89-702)
2 Sec. 13. License renewal; restoration. The expiration
3 date and renewal period for each license issued under this
4 Act shall be set by rule. Every holder of a license under
5 this Act may renew such license during the month preceding
6 the expiration date thereof upon payment of the required
7 renewal fees.
8 Licensed school psychologists are obligated to continue
9 their professional education beyond the years of formal,
10 degree-related training. The Board shall determine by rule
11 the continuing education requirements necessary for license
12 renewal.
13 A clinical psychologist or school psychologist who has
14 permitted his or her license to expire or whose license has
15 been who has had his or her license on inactive status may
16 have the his or her license restored by making application to
17 the Department and filing proof acceptable to the Department
18 of his or her fitness to have the his or her license
19 restored, including evidence certifying to active practice in
20 another jurisdiction satisfactory to the Department and by
21 paying the required restoration fee.
22 If the clinical psychologist or school psychologist has
23 not maintained an active practice in another jurisdiction
24 satisfactory to the Department, the Board shall determine, by
25 an evaluation program established by rule, his or her fitness
26 to resume active status, and may require the person clinical
27 psychologist to complete a period of supervised professional
28 experience, and may require successful completion of an
29 examination.
30 However, any person licensed under this Act clinical
31 psychologist whose license expired while he or she was (1) in
32 Federal Service on active duty with the Armed Forces of the
33 United States, or the State Militia called into service or
34 training, or (2) in training or education under the
-41- LRB9001406DPcc
1 supervision of the United States preliminary to induction
2 into the military service, may have his or her license
3 renewed or restored without paying any lapsed renewal fees if
4 within 2 years after honorable termination of such service,
5 training or education he or she furnishes the Department with
6 satisfactory evidence to the effect that he or she has been
7 so engaged and that his or her service, training or education
8 has been so terminated.
9 (Source: P.A. 89-702, eff. 7-1-97.)
10 (225 ILCS 15/14) (from Ch. 111, par. 5364)
11 (Text of Section before amendment by P.A. 89-702)
12 Sec. 14. Any clinical psychologist who notifies the
13 Department in writing on forms prescribed by the Department,
14 may elect to place his license on an inactive status and
15 shall, subject to rules of the Department, be excused from
16 payment of renewal fees until he notifies the Department in
17 writing of his intent to restore his license.
18 Any clinical psychologist requesting restoration from
19 inactive status shall be required to pay the current renewal
20 fee and shall be required to restore his license as provided
21 in Section 13 of this Act.
22 Any clinical psychologist whose license is in an inactive
23 status shall not practice in the State of Illinois.
24 Any licensee who shall practice clinical psychology while
25 his license is lapsed or on inactive status shall be
26 considered to be practicing without a license which shall be
27 grounds for discipline under this Act.
28 (Source: P.A. 85-947.)
29 (Text of Section after amendment by P.A. 89-702)
30 Sec. 14. Inactive status. Any clinical psychologist or
31 school psychologist who notifies the Department in writing on
32 forms prescribed by the Department, may elect to place his or
33 her license on an inactive status and shall, subject to rules
-42- LRB9001406DPcc
1 of the Department, be excused from payment of renewal fees
2 until he or she notifies the Department in writing of his or
3 her intent to restore his or her license.
4 Any clinical or school psychologist requesting
5 restoration from inactive status shall be required to pay the
6 current renewal fee and shall be required to restore his or
7 her license as provided in Section 13 of this Act.
8 Any clinical or school psychologist whose license is in
9 an inactive status shall not practice in the State of
10 Illinois. However, nothing in this Act shall prevent a school
11 psychologist certified by the State Board of Education from
12 performing his or her assigned duties in a school setting
13 while under the employment of a local or regional Board of
14 Education.
15 Any licensee who shall practice clinical or school
16 psychology while his or her license is lapsed or on inactive
17 status shall be considered to be practicing without a license
18 which shall be grounds for discipline under this Act.
19 (Source: P.A. 89-702, eff. 7-1-97.)
20 (225 ILCS 15/15) (from Ch. 111, par. 5365)
21 (Text of Section before amendment by P.A. 89-702)
22 Sec. 15. The Department may refuse to issue, refuse to
23 renew, suspend, or revoke any license, or may place on
24 probation, censure, reprimand, or take other disciplinary
25 action deemed appropriate by the Department, including the
26 imposition of fines not to exceed $5000 for each violation,
27 with regard to any license issued under the provisions of
28 this Act for any one or a combination of the following
29 reasons:
30 (1) Conviction of any crime which is a felony under the
31 laws of the United States or any state or territory thereof
32 or which is a misdemeanor, an essential element of which is
33 dishonesty, or any crime which is directly related to the
-43- LRB9001406DPcc
1 practice of the profession;
2 (2) Gross negligence in the rendering of clinical
3 psychological services;
4 (3) Using fraud or making any misrepresentation in
5 applying for a license or in passing the examination provided
6 for in this Act;
7 (4) Aiding or abetting or conspiring to aid or abet a
8 person, not a clinical psychologist licensed under this Act,
9 in representing himself as so licensed or in applying for a
10 license under this Act;
11 (5) Violation of any provision of this Act or the rules
12 promulgated thereunder;
13 (6) Professional connection or association with any
14 person, firm, association, partnership or corporation holding
15 himself, themselves, or itself out in any manner contrary to
16 this Act;
17 (7) Unethical, unauthorized or unprofessional conduct as
18 defined by rule. In establishing those rules, the Department
19 shall consider, though is not bound by, the ethical standards
20 for psychologists promulgated by recognized national
21 psychology associations;
22 (8) Aiding or assisting another person in violating any
23 provisions of this Act or the rules promulgated thereunder;
24 (9) Failing to provide, within 60 days, information in
25 response to a written request made by the Department;
26 (10) Habitual or excessive use or addiction to alcohol,
27 narcotics, stimulants, or any other chemical agent or drug
28 which results in a clinical psychologist's inability to
29 practice with reasonable judgment, skill or safety;
30 (11) Discipline by another state, territory, the
31 District of Columbia or foreign country, if at least one of
32 the grounds for the discipline is the same or substantially
33 equivalent to those set forth herein;
34 (12) Directly or indirectly giving or receiving from any
-44- LRB9001406DPcc
1 person, firm, corporation, association or partnership any
2 fee, commission, rebate or other form of compensation for any
3 professional service not actually or personally rendered;
4 (13) A finding by the Committee that the licensee, after
5 having his license placed on probationary status has violated
6 the terms of probation;
7 (14) Willfully making or filing false records or
8 reports, including but not limited to, false records or
9 reports filed with State agencies or departments;
10 (15) Physical illness, including but not limited to,
11 deterioration through the aging process which results in the
12 inability to practice the profession with reasonable
13 judgment, skill and safety;
14 (16) Willfully failing to report an instance of
15 suspected child abuse or neglect as required by the Abused
16 and Neglected Child Reporting Act;
17 (17) Being named as a perpetrator in an indicated report
18 by the Department of Children and Family Services pursuant to
19 the Abused and Neglected Child Reporting Act, and upon proof
20 by clear and convincing evidence that the licensee has caused
21 a child to be an abused child or neglected child as defined
22 in the Abused and Neglected Child Reporting Act; or
23 (18) Violation of the Health Care Worker Self-Referral
24 Act.
25 The entry of an order by any circuit court establishing
26 that any person holding a license under this Act is subject
27 to involuntary admission or judicial admission as provided
28 for in the Mental Health and Developmental Disabilities Code,
29 operates as an automatic suspension of that license. That
30 person may have his license restored only upon the
31 determination by a circuit court that the patient is no
32 longer subject to involuntary admission or judicial admission
33 and the issuance of an order so finding and discharging the
34 patient and upon the Committee's recommendation to the
-45- LRB9001406DPcc
1 Department that the license be restored. Where the
2 circumstances so indicate, the Committee may recommend to the
3 Department that it require an examination prior to restoring
4 any license so automatically suspended.
5 The Department may refuse to issue or may suspend the
6 license of any person who fails to file a return, or to pay
7 the tax, penalty or interest shown in a filed return, or to
8 pay any final assessment of the tax penalty or interest, as
9 required by any tax Act administered by the Illinois
10 Department of Revenue, until such time as the requirements of
11 any such tax Act are satisfied.
12 (Source: P.A. 87-1207.)
13 (Text of Section after amendment by P.A. 89-702)
14 Sec. 15. Disciplinary action; grounds. The practice of
15 psychology is complex and varied and, therefore, allows for a
16 broad range of professional conduct. However, some acts
17 constitute unprofessional conduct and are prohibited by
18 applicants for licensure and licensees. Complaints regarding
19 these acts shall be investigated by the Department and may
20 lead to disciplinary action. The Department may refuse to
21 issue, refuse to renew, suspend, or revoke any license, or
22 may place on probation, censure, reprimand, or take other
23 disciplinary action deemed appropriate by the Department,
24 including the imposition of fines not to exceed $5000 for
25 each violation, with regard to any license issued under the
26 provisions of this Act for any one or a combination of the
27 following reasons:
28 (1) Conviction of any crime that is a felony under the
29 laws of the United States or any state or territory thereof
30 or that is a misdemeanor of which an essential element is
31 dishonesty, or any crime that is directly related to the
32 practice of the profession.
33 (2) Gross negligence in the rendering of clinical
34 psychological or school psychological services.
-46- LRB9001406DPcc
1 (3) Using fraud or making any misrepresentation in
2 applying for a license or in passing the examination provided
3 for in this Act.
4 (4) Aiding or abetting or conspiring to aid or abet a
5 person, not a clinical psychologist or school psychologist
6 licensed under this Act, in representing himself or herself
7 as so licensed or in applying for a license under this Act.
8 (5) Violation of any provision of this Act or the rules
9 promulgated thereunder.
10 (6) Professional connection or association with any
11 person, firm, association, partnership or corporation holding
12 himself, herself, themselves, or itself out in any manner
13 contrary to this Act.
14 (7) Unethical, unauthorized or unprofessional conduct as
15 defined by rule. In establishing those rules, the Department
16 shall consider, though is not bound by, the ethical standards
17 for psychologists and school psychologists promulgated by
18 recognized national psychology and school psychology
19 associations.
20 (8) Aiding or assisting another person in violating any
21 provisions of this Act or the rules promulgated thereunder.
22 (9) Failing to provide, within 60 days, information in
23 response to a written request made by the Department.
24 (10) Habitual or excessive use or addiction to alcohol,
25 narcotics, stimulants, or any other chemical agent or drug
26 that results in a clinical psychologist's or school
27 psychologist's inability to practice with reasonable
28 judgment, skill or safety.
29 (11) Discipline by another state, territory, the
30 District of Columbia or foreign country, if at least one of
31 the grounds for the discipline is the same or substantially
32 equivalent to those set forth herein.
33 (12) Directly or indirectly giving or receiving from any
34 person, firm, corporation, association or partnership any
-47- LRB9001406DPcc
1 fee, commission, rebate or other form of compensation for any
2 professional service not actually or personally rendered.
3 (13) A finding by the Board that the licensee, after
4 having his or her license placed on probationary status has
5 violated the terms of probation.
6 (14) Willfully making or filing fraudulent false records
7 or reports, including but not limited to, false records or
8 reports filed with State agencies or departments.
9 (15) Physical illness, including but not limited to,
10 deterioration through the aging process, mental illness or
11 disability that results in the inability to practice the
12 profession with reasonable judgment, skill and safety.
13 (16) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the Abused
15 and Neglected Child Reporting Act.
16 (17) Being named as a perpetrator in an indicated report
17 by the Department of Children and Family Services pursuant to
18 the Abused and Neglected Child Reporting Act, and upon proof
19 by clear and convincing evidence that the licensee has caused
20 a child to be an abused child or neglected child as defined
21 in the Abused and Neglected Child Reporting Act.
22 (18) Violation of the Health Care Worker Self-Referral
23 Act.
24 (19) Making a material misstatement in furnishing
25 information to the Department, any other State or federal
26 agency, or any other entity.
27 The entry of an order by any circuit court establishing
28 that any person holding a license under this Act is subject
29 to involuntary admission or judicial admission as provided
30 for in the Mental Health and Developmental Disabilities Code,
31 operates as an automatic suspension of that license. That
32 person may have his or her license restored only upon the
33 determination by a circuit court that the patient is no
34 longer subject to involuntary admission or judicial admission
-48- LRB9001406DPcc
1 and the issuance of an order so finding and discharging the
2 patient and upon the Board's recommendation to the Department
3 that the license be restored. Where the circumstances so
4 indicate, the Board may recommend to the Department that it
5 require an examination prior to restoring any license so
6 automatically suspended.
7 The Department may refuse to issue or may suspend the
8 license of any person who fails to file a return, or to pay
9 the tax, penalty or interest shown in a filed return, or to
10 pay any final assessment of the tax penalty or interest, as
11 required by any tax Act administered by the Illinois
12 Department of Revenue, until such time as the requirements of
13 any such tax Act are satisfied.
14 In enforcing this Section, the Board upon a showing of a
15 possible violation may compel any person licensed to practice
16 under this Act, or who has applied for licensure or
17 certification pursuant to this Act, to submit to a mental or
18 physical examination, or both, as required by and at the
19 expense of the Department. The examining physicians or
20 clinical psychologists shall be those specifically designated
21 by the Board. The Board or the Department may order the
22 examining physician or clinical psychologist to present
23 testimony concerning this mental or physical examination of
24 the licensee or applicant. No information shall be excluded
25 by reason of any common law or statutory privilege relating
26 to communications between the licensee or applicant and the
27 examining physician or clinical psychologist. The person to
28 be examined may have, at his or her own expense, another
29 physician or clinical psychologist of his or her choice
30 present during all aspects of the examination. Failure of
31 any person to submit to a mental or physical examination,
32 when directed, shall be grounds for suspension of a license
33 until the person submits to the examination if the Board
34 finds, after notice and hearing, that the refusal to submit
-49- LRB9001406DPcc
1 to the examination was without reasonable cause.
2 If the Board finds a person unable to practice because of
3 the reasons set forth in this Section, the Board may require
4 that person to submit to care, counseling or treatment by
5 physicians or clinical psychologists approved or designated
6 by the Board, as a condition, term, or restriction for
7 continued, reinstated, or renewed licensure to practice; or,
8 in lieu of care, counseling or treatment, the Board may
9 recommend to the Department to file a complaint to
10 immediately suspend, revoke or otherwise discipline the
11 license of the person. Any person whose license was granted,
12 continued, reinstated, renewed, disciplined or supervised
13 subject to such terms, conditions or restrictions, and who
14 fails to comply with such terms, conditions or restrictions,
15 shall be referred to the Director for a determination as to
16 whether the person shall have his or her license suspended
17 immediately, pending a hearing by the Board.
18 In instances in which the Director immediately suspends a
19 person's license under this Section, a hearing on that
20 person's license must be convened by the Board within 15 days
21 after the suspension and completed without appreciable delay.
22 The Board shall have the authority to review the subject
23 person's record of treatment and counseling regarding the
24 impairment, to the extent permitted by applicable federal
25 statutes and regulations safeguarding the confidentiality of
26 medical records.
27 A person licensed under this Act and affected under this
28 Section shall be afforded an opportunity to demonstrate to
29 the Board that he or she can resume practice in compliance
30 with acceptable and prevailing standards under the provisions
31 of his or her license.
32 (Source: P.A. 89-702, eff. 7-1-97.)
33 (225 ILCS 15/25) (from Ch. 111, par. 5375)
-50- LRB9001406DPcc
1 Sec. 25. Returned checks; fines. Any person who delivers
2 a check or other payment to the Department that is returned
3 to the Department unpaid by the financial institution upon
4 which it is drawn shall pay to the Department, in addition to
5 the amount already owed to the Department, a fine of $50. If
6 the check or other payment was for a renewal or issuance fee
7 and that person practices without paying the renewal fee or
8 issuance fee and the fine due, an additional fine established
9 by rule of the Department of $100 shall be imposed. The fines
10 imposed by this Section are in addition to any other
11 discipline provided under this Act for unlicensed practice or
12 practice on a nonrenewed license. The Department shall notify
13 the person that payment of fees and fines shall be paid to
14 the Department by certified check or money order within 30
15 calendar days of the notification. If, after the expiration
16 of 30 days from the date of the notification, the person has
17 failed to submit the necessary remittance, the Department
18 shall automatically terminate the license or certificate or
19 deny the application, without hearing. If, after termination
20 or denial, the person seeks a license or certificate, he or
21 she shall apply to the Department for restoration or issuance
22 of the license or certificate and pay all fees and fines due
23 to the Department. The Department may establish a fee for the
24 processing of an application for restoration of a license or
25 certificate to pay all expenses of processing this
26 application. The Director may waive the fines due under this
27 Section in individual cases where the Director finds that the
28 fines would be unreasonable or unnecessarily burdensome.
29 (Source: P.A. 86-615; 87-1031.)
30 (225 ILCS 15/26) (from Ch. 111, par. 5376)
31 (Text of Section before amendment by P.A. 89-702)
32 Sec. 26. Any person rendering or offering to render
33 clinical psychological services as defined in paragraph (7)
-51- LRB9001406DPcc
1 of Section 2 of this Act or represents himself or herself or
2 his or her services as clinical psychological services as
3 defined in paragraph (7) of Section 2 of this Act, when he or
4 she does not possess a currently valid license as defined
5 herein commits a Class B misdemeanor, for a first offense;
6 and for a second or subsequent violation commits a Class 4
7 felony.
8 (Source: P.A. 89-387, eff. 8-20-95.)
9 (Text of Section after amendment by P.A. 89-702)
10 Sec. 26. Any person who practices, offers to practice,
11 attempts to practice, or holds himself or herself out to
12 practice as a licensed clinical psychologist or a licensed
13 school psychologist without being licensed or exempt under
14 this Act shall, in addition to any other penalty provided by
15 law, pay a civil penalty to the Department in an amount not
16 to exceed $5,000 for each offense, as determined by the
17 Department. The civil penalty shall be assessed by the
18 Department after a hearing is held in accordance with the
19 provisions set forth in this Act regarding the provision of a
20 hearing for the discipline of a licensee.
21 The Department may investigate any actual, alleged, or
22 suspected unlicensed activity.
23 The civil penalty assessed by the Department shall be
24 paid within 60 days after the effective date of the order
25 imposing the civil penalty. The order shall constitute a
26 judgment and may be filed and execution had on the judgment
27 in the same manner as any judgment from a court of record.
28 Rendering services without a license. Any person rendering
29 or offering to render clinical psychological services as
30 defined in Section 2 of this Act or represents himself or
31 herself or his or her services as clinical psychological
32 services as defined in Section 2 of this Act, when he or she
33 does not possess a currently valid license as defined herein
34 commits a Class B misdemeanor, for a first offense; and for a
-52- LRB9001406DPcc
1 second or subsequent violation commits a Class 4 felony.
2 (Source: P.A. 89-387, eff. 8-20-95; 89-702, eff. 7-1-97.)
3 (225 ILCS 15/27) (from Ch. 111, par. 5377)
4 (Text of Section before amendment by P.A. 89-702)
5 Sec. 27. It is hereby declared to be a public nuisance
6 for any person to represent himself as a clinical
7 psychologist or that the services he renders are clinical
8 psychological services as defined in paragraph 7 of Section 2
9 of this Act, without having in effect a currently valid
10 license as defined in this Act. The Director, Attorney
11 General, or the State's Attorney of the county in which such
12 nuisance has occurred may file a complaint in the circuit
13 court in the name of the People of the State of Illinois
14 perpetually to enjoin such person from performing such
15 unlawful acts. Upon the filing of a verified complaint in
16 such cause, the court, if satisfied that such unlawful act
17 has been performed and may continue to be performed, shall
18 enter a temporary restraining order or preliminary injunction
19 without notice or bond enjoining the defendant from
20 performing such unlawful act.
21 If it is established that the defendant contrary to this
22 Act has been or is engaging in or about to engage in
23 representing himself as a clinical psychologist or that the
24 services he renders are clinical psychological services as
25 defined in paragraph 7 of Section 2 of this Act, without
26 having been issued a license or after his license has been
27 suspended or revoked or after his license has not been
28 renewed, the court, may enter a judgment perpetually
29 enjoining such person from further engaging in the unlawful
30 act. In case of violation of any injunction entered under
31 this Section, the court, may summarily try and punish the
32 offender for contempt of court. Such injunction proceedings
33 shall be in addition to, and not in lieu of, all penalties
-53- LRB9001406DPcc
1 and other remedies provided in this Act.
2 (Source: P.A. 85-1305.)
3 (Text of Section after amendment by P.A. 89-702)
4 Sec. 27. Injunctions. It is hereby declared to be a
5 public nuisance for any person to render or offer to render
6 clinical psychological services as defined in Section 2 of
7 this Act or to represent himself or herself as a licensed
8 clinical psychological or licensed school psychologist or
9 that the services he or she renders are clinical
10 psychological services or school psychological services as
11 defined in Section 2 of this Act, without having in effect a
12 currently valid license as defined in this Act. The Director,
13 Attorney General, or the State's Attorney of the county in
14 which such nuisance has occurred may file a complaint in the
15 circuit court in the name of the People of the State of
16 Illinois perpetually to enjoin such person from performing
17 such unlawful acts. Upon the filing of a verified complaint
18 in such cause, the court, if satisfied that such unlawful act
19 has been performed and may continue to be performed, shall
20 enter a temporary restraining order or preliminary injunction
21 without notice or bond enjoining the defendant from
22 performing such unlawful act.
23 If it is established that the defendant contrary to this
24 Act has been rendering or offering to render clinical
25 psychological services as defined in Section 2 of this Act or
26 is engaging in or about to engage in representing himself or
27 herself as a person licensed under this Act clinical
28 psychologist or that the services he or she renders are
29 clinical psychological services or independent school
30 psychological services as defined in Section 2 of this Act,
31 without having been issued a license or after his or her
32 license has been suspended or revoked or after his or her
33 license has not been renewed, the court, may enter a judgment
34 perpetually enjoining such person from further engaging in
-54- LRB9001406DPcc
1 the unlawful act. In case of violation of any injunction
2 entered under this Section, the court, may summarily try and
3 punish the offender for contempt of court. Such injunction
4 proceedings shall be in addition to, and not in lieu of, all
5 penalties and other remedies provided in this Act.
6 (Source: P.A. 89-702, eff. 7-1-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect January
15 1, 1998.