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90_SB1858
225 ILCS 55/5 from Ch. 111, par. 8351-5
225 ILCS 55/10 from Ch. 111, par. 8351-10
225 ILCS 55/15 from Ch. 111, par. 8351-15
225 ILCS 55/35 from Ch. 111, par. 8351-35
225 ILCS 55/40 from Ch. 111, par. 8351-40
225 ILCS 55/45 from Ch. 111, par. 8351-45
225 ILCS 55/70 from Ch. 111, par. 8351-70
225 ILCS 55/85 from Ch. 111, par. 8351-85
225 ILCS 55/145 from Ch. 111, par. 8351-145
Amends the Marriage and Family Therapy Licensing Act.
Provides for the licensing of associate marriage and family
therapists. Sets forth qualifications necessary for
obtaining a license.
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1 AN ACT to amend the Marriage and Family Therapy Licensing
2 Act by changing Sections 5, 10, 15, 35, 40, 45, 70, 85, and
3 145.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Marriage and Family Therapy Licensing Act
7 is amended by changing Sections 5, 10, 15, 35, 40, 45, 70,
8 85, and 145 as follows:
9 (225 ILCS 55/5) (from Ch. 111, par. 8351-5)
10 Sec. 5. Legislative declaration of public policy. The
11 practice of marriage and family therapy in Illinois is hereby
12 declared to affect the public health, safety and welfare, and
13 to be subject to regulations in the public interest. The
14 purpose of this Act is to establish standards of
15 qualifications for marriage and family therapists and license
16 marriage and family therapists and associate marriage and
17 family therapists who meet these standards, thereby
18 protecting the public from persons who are unauthorized or
19 unqualified to represent themselves as licensed marriage and
20 family therapists or licensed associate marriage and family
21 therapists, and from unprofessional conduct by persons
22 licensed to practice marriage and family therapy.
23 (Source: P.A. 87-783.)
24 (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
25 Sec. 10. Definitions. As used in this Act:
26 "Advertise" means, but is not limited to, issuing or
27 causing to be distributed any card, sign or device to any
28 person; or causing, permitting or allowing any sign or
29 marking on or in any building, structure, newspaper, magazine
30 or directory, or on radio or television; or advertising by
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1 any other means designed to secure public attention.
2 "Approved program" and "approved comprehensive program of
3 study in marriage and family therapy" means a graduate
4 program in a regionally accredited educational institution
5 approved by the Department for the training of marriage and
6 family therapists.
7 "Board" means the Illinois Marriage and Family Therapy
8 Licensing and Disciplinary Board.
9 "Department" means the Department of Professional
10 Regulation.
11 "Director" means the Director of the Department of
12 Professional Regulation.
13 "License" means that which is required to practice
14 marriage and family therapy under this Act, the
15 qualifications for which include specific education,
16 acceptable experience and examination requirements.
17 "Licensed marriage and family therapist" and "LMFT" mean
18 means a person to whom a license as a licensed marriage and
19 family therapist has been issued under this Act.
20 "Licensed associate marriage and family therapist" and
21 "LAMFT" mean a person to whom a license as a licensed
22 associate marriage and family therapist has been issued under
23 this Act.
24 "Marriage and family therapy" means the evaluation and
25 treatment of mental and emotional problems within the context
26 of human relationships. Marriage and family therapy involves
27 the use of psychotherapeutic methods to ameliorate
28 interpersonal and intrapersonal conflict and to modify
29 perceptions, beliefs and behavior in areas of human life that
30 include, but are not limited to, premarriage, marriage,
31 sexuality, family, divorce adjustment, and parenting.
32 "Person" means any individual, firm, corporation,
33 partnership, organization, or body politic.
34 "Practice of marriage and family therapy" means the
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1 rendering of marriage and family therapy services to
2 individuals, couples, and families as defined in this
3 Section, either singly or in groups, whether the services are
4 offered directly to the general public or through
5 organizations, either public or private, for a fee, monetary
6 or otherwise.
7 "Title or description" means to hold oneself out as a
8 licensed marriage and family therapist or a licensed
9 associate marriage and family therapist to the public by
10 means of stating on signs, mailboxes, address plates,
11 stationery, announcements, calling cards or other instruments
12 of professional identification.
13 (Source: P.A. 87-783; 87-1237.)
14 (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
15 Sec. 15. Exemptions.
16 (a) Nothing contained in this Act shall restrict any
17 person not licensed under this Act from performing marriage
18 and family therapy if that person does not represent himself
19 or herself as a "licensed marriage and family therapist" or a
20 "licensed associate marriage and family therapist".
21 (b) Nothing in this Act shall be construed as permitting
22 persons licensed as marriage and family therapists or
23 associate marriage and family therapists to engage in any
24 manner in the practice of medicine as defined in the laws of
25 this State.
26 (c) Nothing in this Act shall be construed to prevent
27 qualified members of other professional groups, including but
28 not limited to clinical psychologists, social workers,
29 counselors, attorneys at law, or psychiatric nurses, from
30 performing or advertising that they perform the work of a
31 marriage and family therapist consistent with the laws of
32 this State, their training, and any code of ethics of their
33 respective professions, provided they do not represent
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1 themselves by any title or description as a licensed marriage
2 and family therapist or a licensed associate marriage and
3 family therapist.
4 (d) Nothing in this Act shall be construed to prevent
5 any person from the bona fide practice of the doctrines of an
6 established church or religious denomination if the person
7 does not hold himself or herself out to be a licensed
8 marriage and family therapist or a licensed associate
9 marriage and family therapist.
10 (e) Nothing in this Act shall prohibit self-help groups
11 or programs or not-for-profit organizations from providing
12 services so long as these groups, programs, or organizations
13 do not hold themselves out as practicing or being able to
14 practice marriage and family therapy.
15 (f) This Act does not prohibit:
16 (1) A person from practicing marriage and family
17 therapy as part of his or her duties as an employee of a
18 recognized academic institution, or a federal, State,
19 county, or local governmental institution or agency while
20 performing those duties for which he or she was employed
21 by the institution, agency or facility.
22 (2) A person from practicing marriage and family
23 therapy as part of his or her duties as an employee of a
24 nonprofit organization consistent with the laws of this
25 State, his or her training, and any code of ethics of his
26 or her respective professions, provided the person does
27 not represent himself or herself as a "licensed marriage
28 and family therapist" or a "licensed associate marriage
29 and family therapist under supervision in accordance with
30 this Act.
31 (3) A person from practicing marriage and family
32 therapy if the person is obtaining experience for
33 licensure as a marriage and family therapist or an
34 associate marriage and family therapist, provided the
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1 person is designated by a title that clearly indicates
2 training status.
3 (4) A person licensed in this State under any other
4 Act from engaging the practice for which he or she is
5 licensed.
6 (5) A person from practicing marriage and family
7 therapy if the person is a marriage and family therapist
8 regulated under the laws of another State, territory of
9 the United States or country and who has applied in
10 writing to the Department, on forms prepared and
11 furnished by the Department, for licensing as a marriage
12 and family therapist and who is qualified to receive
13 registration under Section 40 until the expiration of 6
14 months after the filing of the written application, the
15 withdrawal of the application, a notice of intent to deny
16 the application, or the denial of the application by the
17 Department.
18 (Source: P.A. 87-783; 87-1237.)
19 (225 ILCS 55/35) (from Ch. 111, par. 8351-35)
20 Sec. 35. Examinations.
21 (a) The Department shall authorize examinations of
22 applicants as licensed marriage and family therapists or
23 licensed associate marriage and family therapists at such
24 times and places as it may determine. The examination of
25 applicants shall be of a character to give a fair test of the
26 qualifications of the applicant to practice marriage and
27 family therapy.
28 (b) Applicants for examination as marriage and family
29 therapists shall be required to pay, either to the Department
30 or the designated testing service, a fee covering the cost of
31 providing the examination.
32 (c) The Department may employ consultants for the
33 purpose of preparing and conducting examinations.
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1 (Source: P.A. 87-783; 87-1237.)
2 (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
3 Sec. 40. Qualifications for licensure.
4 (a) A person is qualified for licensure as a marriage
5 and family therapist if that person:
6 (1) is at least 21 years of age;
7 (2) has applied in writing on forms prepared and
8 furnished by the Department;
9 (3) (blank);
10 (4) has not engaged or is not engaged in any
11 practice or conduct that would be grounds for
12 disciplining a licensee under Section 85 of this Act;
13 (5) satisfies the education and experience
14 requirements of subsection (b) of this Section; and
15 (6) passes a written examination authorized by the
16 Department.
17 (b) Any person who applies to the Department shall be
18 issued a license as a licensed marriage and family therapist
19 by the Department if the person meets the qualifications set
20 forth in subsection (a) of this Section and provides evidence
21 to the Department that the person:
22 (1) holds a master's or doctoral degree in marriage
23 and family therapy approved by the Department from a
24 regionally accredited educational institution; holds a
25 master's or doctoral degree from a regionally accredited
26 educational institution in marriage and family therapy or
27 in a related field with an equivalent course of study in
28 marriage and family therapy that is recommended by the
29 Board and approved by the Department; or holds a master's
30 or doctoral degree from a program accredited by the
31 commission on accreditations for marriage and family
32 therapy education of the American Association for
33 Marriage and Family Therapists;
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1 (2) following the receipt of the first qualifying
2 degree, has at least 2 years of experience, as defined by
3 rule, in the practice of marriage and family therapy,
4 including at least 1,000 hours of face-to-face contact
5 with couples and families for the purpose of evaluation
6 and treatment;
7 (3) has completed at least 200 hours of supervision
8 of marriage and family therapy, as defined by rule.
9 (c) Any person who applies to the Department shall be
10 issued a license as a licensed associate marriage and family
11 therapist by the Department if the person meets the
12 qualifications set forth in items (1), (2), (4), and (6) of
13 subsection (a) of this Section and provides evidence to the
14 Department that the person meets the qualifications set forth
15 in item (1) of subsection (b) of this Section.
16 Upon providing evidence to the Department that the
17 applicant either meets the qualifications set forth in item
18 (1) of subsection (b) of this Section or is in the last term
19 of an approved comprehensive program of study in marriage and
20 family therapy, the applicant shall be qualified to take the
21 written examination.
22 Upon providing evidence of completion of the applicant's
23 first qualifying degree and passage of the examination, the
24 applicant shall receive a license as a licensed associate
25 marriage and family therapist.
26 A licensed associate marriage and family therapist may
27 not practice independently but must be clinically supervised
28 by a marriage and family therapist as defined by rule.
29 A licensed associate marriage and family therapist may
30 petition the Department for licensure as a licensed marriage
31 and family therapist upon completion of the requirements set
32 forth in items (2) and (3) subsection (b) of this Section.
33 (Source: P.A. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)
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1 (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
2 Sec. 45. Licenses; renewals; restoration; person in
3 military service.
4 (a) The expiration date and renewal period for each
5 license issued under this Act shall be set by rule. As a
6 condition for renewal of a license, the licensee shall be
7 required to complete continuing education under requirements
8 set forth in rules of the Department.
9 (b) Any person who has permitted his or her license to
10 expire may have his or her license restored by making
11 application to the Department and filing proof acceptable to
12 the Department of fitness to have his or her license
13 restored, which may include sworn evidence certifying to
14 active practice in another jurisdiction satisfactory to the
15 Department, complying with any continuing education
16 requirements, and paying the required restoration fee.
17 (c) If the person has not maintained an active practice
18 in another jurisdiction satisfactory to the Department, the
19 Board shall determine, by an evaluation program established
20 by rule, the person's fitness to resume active status and may
21 require the person to complete a period of evaluated clinical
22 experience and successful completion of a practical
23 examination.
24 However, any person whose license expired while (i) in
25 federal service on active duty with the Armed Forces of the
26 United States or called into service or training with the
27 State Militia, or (ii) in training or education under the
28 supervision of the United States preliminary to induction
29 into the military service may have his or her license renewed
30 or restored without paying any lapsed renewal fees if, within
31 2 years after honorable termination of the service, training
32 or education, except under condition other than honorable, he
33 or she furnishes the Department with satisfactory evidence to
34 the effect that he or she has been so engaged and that the
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1 service, training, or education has been so terminated.
2 (d) Any person who notifies the Department, in writing
3 on forms prescribed by the Department, may place his or her
4 license on inactive status and shall be excused from the
5 payment of renewal fees until the person notifies the
6 Department in writing of the intention to resume active
7 practice.
8 (e) Any person requesting his or her license be changed
9 from inactive to active status shall be required to pay the
10 current renewal fee and shall also demonstrate compliance
11 with the continuing education requirements.
12 (f) Any marriage and family therapist whose license is
13 nonrenewed or on inactive status shall not engage in the
14 practice of marriage and family therapy in the State of
15 Illinois and use the title or advertise that he or she
16 performs the services of a "licensed marriage and family
17 therapist" or a "licensed associate marriage and family
18 therapist".
19 (g) Any person violating subsection (f) of this Section
20 shall be considered to be practicing without a license and
21 will be subject to the disciplinary provisions of this Act.
22 (h) (Blank).
23 (Source: P.A. 90-61, eff. 12-30-97.)
24 (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
25 Sec. 70. Privileged communications and exceptions.
26 (a) No licensed marriage and family therapist or
27 licensed associate marriage and family therapist shall
28 disclose any information acquired from persons consulting the
29 marriage and family therapist or associate marriage and
30 family therapist in a professional capacity, except that
31 which may be voluntarily disclosed under the following
32 circumstances:
33 (1) In the course of formally reporting,
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1 conferring, or consulting with administrative superiors,
2 colleagues, or consultants who share professional
3 responsibility, in which instance all recipients of the
4 information are similarly bound to regard the
5 communications as privileged;
6 (2) With the written consent of the person who
7 provided the information;
8 (3) In case of death or disability, with the
9 written consent of a personal representative, other
10 person authorized to sue, or the beneficiary of an
11 insurance policy on the person's life, health, or
12 physical condition;
13 (4) When a communication reveals the intended
14 commission of a crime or harmful act and the disclosure
15 is judged necessary by the licensed marriage and family
16 therapist or licensed associate marriage and family
17 therapist to protect any person from a clear, imminent
18 risk of serious mental or physical harm or injury, or to
19 forestall a serious threat to the public safety; or
20 (5) When the person waives the privilege by
21 bringing any public charges, criminal, or civil, against
22 the licensee.
23 (b) Any person having access to records and or any one
24 who participates in providing marriage and family therapy
25 services or who, in providing any human services, is
26 supervised by a licensed marriage and family therapist or
27 licensed associate marriage and family therapist, is
28 similarly bound to regard all information and communications
29 as privileged in accord with this Section.
30 (c) The Mental Health and Developmental Disabilities
31 Confidentiality Act is incorporated in this Act as if all of
32 its provisions were included in this Act.
33 (Source: P.A. 87-783.)
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1 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
2 Sec. 85. Refusal, revocation or suspension.
3 (a) The Department may refuse to issue or renew, or may
4 revoke a license, or may suspend, place on probation, fine,
5 or take any disciplinary action as the Department may deem
6 proper, including fines not to exceed $1000 for each
7 violation, with regard to any licensee for any one or
8 combination of the following causes:
9 (1) Material misstatement in furnishing information
10 to the Department.
11 (2) Violations of this Act or its rules.
12 (3) Conviction of any crime under the laws of the
13 United States or any state or territory thereof that is
14 (i) a felony, (ii) a misdemeanor, an essential element of
15 which is dishonesty, or (iii) a crime that is related to
16 the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining a license or violating any provision of this
19 Act or its rules.
20 (5) Professional incompetence or gross negligence.
21 (6) Malpractice.
22 (7) Aiding or assisting another person in violating
23 any provision of this Act or its rules.
24 (8) Failing, within 60 days, to provide information
25 in response to a written request made by the Department.
26 (9) Engaging in dishonorable, unethical, or
27 unprofessional conduct of a character likely to deceive,
28 defraud or harm the public as defined by the rules of the
29 Department, or violating the rules of professional
30 conduct adopted by the Board and published by the
31 Department.
32 (10) Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug that results in the inability to practice
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1 with reasonable judgment, skill, or safety.
2 (11) Discipline by another state, territory, or
3 country if at least one of the grounds for the discipline
4 is the same or substantially equivalent to those set
5 forth in this Act.
6 (12) Directly or indirectly giving to or receiving
7 from any person, firm, corporation, partnership or
8 association any fee, commission, rebate, or other form of
9 compensation for any professional services not actually
10 or personally rendered.
11 (13) A finding by the Department that the licensee,
12 after having his or her license placed on probationary
13 status, has violated the terms of probation.
14 (14) Abandonment of a patient without cause.
15 (15) Willfully making or filing false records or
16 reports relating to a licensee's practice, including but
17 not limited to false records filed with State agencies or
18 departments.
19 (16) Wilfully failing to report an instance of
20 suspected child abuse or neglect as required by the
21 Abused and Neglected Child Reporting Act.
22 (17) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 under the Abused and Neglected Child Reporting Act and
25 upon proof by clear and convincing evidence that the
26 licensee has caused a child to be an abused child or
27 neglected child as defined in the Abused and Neglected
28 Child Reporting Act.
29 (18) Physical or mental disability, including
30 deterioration through the aging process, or loss of
31 abilities and skills that results in the inability to
32 practice the profession with reasonable judgment, skill,
33 or safety.
34 (19) Solicitation of professional services by using
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1 false or misleading advertising.
2 (20) A finding that licensure has been applied for
3 or obtained by fraudulent means.
4 (21) Practicing or attempting to practice under a
5 name other than the full name as shown on the license or
6 any other legally authorized name.
7 (22) Gross overcharging for professional services
8 including filing statements for collection of fees or
9 moneys for which services are not rendered.
10 (b) The Department shall deny any application for a
11 license, without hearing, or renewal under this Act to any
12 person who has defaulted on an educational loan guaranteed by
13 the Illinois Student Assistance Commission; however, the
14 Department may issue a license or renewal if the person in
15 default has established a satisfactory repayment record as
16 determined by the Illinois Student Assistance Commission.
17 (c) The determination by a circuit court that a licensee
18 is subject to involuntary admission or judicial admission, as
19 provided in the Mental Health and Developmental Disabilities
20 Code, operates as an automatic suspension. The suspension
21 will terminate only upon a finding by a court that the
22 patient is no longer subject to involuntary admission or
23 judicial admission and the issuance of an order so finding
24 and discharging the patient, and upon the recommendation of
25 the Board to the Director that the licensee be allowed to
26 resume his or her practice as a licensed marriage and family
27 therapist or an associate marriage and family therapist.
28 (d) The Department may refuse to issue or may suspend
29 the license of any person who fails to file a return, pay the
30 tax, penalty, or interest shown in a filed return or pay any
31 final assessment of tax, penalty, or interest, as required by
32 any tax Act administered by the Illinois Department of
33 Revenue, until the time the requirements of the tax Act are
34 satisfied.
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1 (e) In enforcing this Section, the Department or Board
2 upon a showing of a possible violation may compel an
3 individual licensed to practice under this Act, or who has
4 applied for licensure under this Act, to submit to a mental
5 or physical examination, or both, as required by and at the
6 expense of the Department. The Department or Board may order
7 the examining physician to present testimony concerning the
8 mental or physical examination of the licensee or applicant.
9 No information shall be excluded by reason of any common law
10 or statutory privilege relating to communications between the
11 licensee or applicant and the examining physician. The
12 examining physicians shall be specifically designated by the
13 Board or Department. The individual to be examined may have,
14 at his or her own expense, another physician of his or her
15 choice present during all aspects of this examination.
16 Failure of an individual to submit to a mental or physical
17 examination, when directed, shall be grounds for suspension
18 of his or her license until the individual submits to the
19 examination if the Department finds, after notice and
20 hearing, that the refusal to submit to the examination was
21 without reasonable cause.
22 If the Department or Board finds an individual unable to
23 practice because of the reasons set forth in this Section,
24 the Department or Board may require that individual to submit
25 to care, counseling, or treatment by physicians approved or
26 designated by the Department or Board, as a condition, term,
27 or restriction for continued, reinstated, or renewed
28 licensure to practice; or, in lieu of care, counseling, or
29 treatment, the Department may file, or the Board may
30 recommend to the Department to file, a complaint to
31 immediately suspend, revoke, or otherwise discipline the
32 license of the individual. An individual whose license was
33 granted, continued, reinstated, renewed, disciplined or
34 supervised subject to such terms, conditions, or
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1 restrictions, and who fails to comply with such terms,
2 conditions, or restrictions, shall be referred to the
3 Director for a determination as to whether the individual
4 shall have his or her license suspended immediately, pending
5 a hearing by the Department.
6 In instances in which the Director immediately suspends a
7 person's license under this Section, a hearing on that
8 person's license must be convened by the Department within 15
9 days after the suspension and completed without appreciable
10 delay. The Department and Board shall have the authority to
11 review the subject individual's record of treatment and
12 counseling regarding the impairment to the extent permitted
13 by applicable federal statutes and regulations safeguarding
14 the confidentiality of medical records.
15 An individual licensed under this Act and affected under
16 this Section shall be afforded an opportunity to demonstrate
17 to the Department or Board that he or she can resume practice
18 in compliance with acceptable and prevailing standards under
19 the provisions of his or her license.
20 (Source: P.A. 90-61, eff. 12-30-97.)
21 (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
22 Sec. 145. Summary suspension. The Director may summarily
23 suspend the license of a marriage and family therapist or an
24 associate marriage and family therapist without a hearing,
25 simultaneously with the institution of proceedings for a
26 hearing provided for in this Act, if the Director finds that
27 evidence in his or her possession indicates that a marriage
28 and family therapist's or an associate marriage and family
29 therapist's continuation in practice would constitute an
30 imminent danger to the public. In the event that the
31 Director summarily suspends the license of a marriage and
32 family therapist or an associate marriage and family
33 therapist without a hearing, a hearing by the Board must be
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1 held within 30 calendar days after the suspension has
2 occurred.
3 (Source: P.A. 87-783; 87-1237.)