Public Act 100-0372
 
HB2577 EnrolledLRB100 10776 SMS 21007 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Sections 4.28 and 4.37 as follows:
 
    (5 ILCS 80/4.28)
    Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
    The Illinois Petroleum Education and Marketing Act.
    The Podiatric Medical Practice Act of 1987.
    The Acupuncture Practice Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Nurse Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Pharmacy Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Marriage and Family Therapy Licensing Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
 
    (5 ILCS 80/4.37)
    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following Acts are repealed on January 1, 2027:
    The Clinical Psychologist Licensing Act.
    The Illinois Optometric Practice Act of 1987.
    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
    The Boiler and Pressure Vessel Repairer Regulation Act.
    The Marriage and Family Therapy Licensing Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)
 
    Section 10. The Marriage and Family Therapy Licensing Act
is amended by changing Sections 10, 15, 20, 25, 30, 40, 45, 65,
70, 75, 80, 85, 91, 95, 100, 115, 125, 135, 145, 150, 155, 156,
165, and 170 and by adding Section 10.5 as follows:
 
    (225 ILCS 55/10)  (from Ch. 111, par. 8351-10)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 10. Definitions. As used in this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change of
address, and such changes must be made either through the
Department's website or by contacting the Department's
licensure maintenance unit.
    "Advertise" means, but is not limited to, issuing or
causing to be distributed any card, sign or device to any
person; or causing, permitting or allowing any sign or marking
on or in any building, structure, newspaper, magazine or
directory, or on radio or television; or advertising by any
other means designed to secure public attention.
    "Approved program" means an approved comprehensive program
of study in marriage and family therapy in a regionally
accredited educational institution approved by the Department
for the training of marriage and family therapists.
    "Associate licensed marriage and family therapist" means a
person to whom an associate licensed marriage and family
therapist license has been issued under this Act.
    "Board" means the Illinois Marriage and Family Therapy
Licensing and Disciplinary Board.
    "Department" means the Department of Financial and
Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "First qualifying degree" means the first master's or
doctoral degree, as described in paragraph (1) of subsection
(b) of Section 40, that an applicant for licensure received.
    "License" means that which is required to practice marriage
and family therapy under this Act, the qualifications for which
include specific education, acceptable experience and
examination requirements.
    "Licensed marriage and family therapist" means a person to
whom a marriage and family therapist license has been issued
under this Act.
    "Marriage and family therapy" means the evaluation and
treatment of mental and emotional problems within the context
of human relationships. Marriage and family therapy involves
the use of psychotherapeutic methods to ameliorate
interpersonal and intrapersonal conflict and to modify
perceptions, beliefs and behavior in areas of human life that
include, but are not limited to, premarriage, marriage,
sexuality, family, divorce adjustment, and parenting.
    "Person" means any individual, firm, corporation,
partnership, organization, or body politic.
    "Practice of marriage and family therapy" means the
rendering of marriage and family therapy services to
individuals, couples, and families as defined in this Section,
either singly or in groups, whether the services are offered
directly to the general public or through organizations, either
public or private, for a fee, monetary or otherwise.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Title or description" means to hold oneself out as a
licensed marriage and family therapist or an associate licensed
marriage and family therapist to the public by means of stating
on signs, mailboxes, address plates, stationery,
announcements, calling cards or other instruments of
professional identification.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/10.5 new)
    Sec. 10.5. Address of record; email address of record. All
applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after such
    change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (225 ILCS 55/15)  (from Ch. 111, par. 8351-15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 15. Exemptions.
    (a) Nothing contained in this Act shall restrict any person
not licensed under this Act from performing marriage and family
therapy if that person does not represent himself or herself as
a "licensed marriage and family therapist" or an "associate
licensed marriage and family therapist".
    (b) Nothing in this Act shall be construed as permitting
persons licensed as marriage and family therapists and
associate licensed marriage and family therapists to engage in
any manner in the practice of medicine as defined in the laws
of this State.
    (c) Nothing in this Act shall be construed to prevent
qualified members of other professional groups, including but
not limited to clinical psychologists, social workers,
counselors, attorneys at law, or psychiatric nurses, from
performing or advertising that they perform the work of a
marriage and family therapist consistent with the laws of this
State, their training, and any code of ethics of their
respective professions, provided they do not represent
themselves by any title or description as a licensed marriage
and family therapist or an associate licensed marriage and
family therapist.
    (d) Nothing in this Act shall be construed to prevent any
person from the bona fide practice of the doctrines of an
established church or religious denomination if the person does
not hold himself or herself out to be a licensed marriage and
family therapist or an associate licensed marriage and family
therapist.
    (e) Nothing in this Act shall prohibit self-help groups or
programs or not-for-profit organizations from providing
services so long as these groups, programs, or organizations do
not hold themselves out as practicing or being able to practice
marriage and family therapy.
    (f) This Act does not prohibit:
        (1) A person from practicing marriage and family
    therapy as part of his or her duties as an employee of a
    recognized academic institution, or a federal, State,
    county, or local governmental institution or agency while
    performing those duties for which he or she was employed by
    the institution, agency or facility.
        (2) A person from practicing marriage and family
    therapy as part of his or her duties as an employee of a
    nonprofit organization consistent with the laws of this
    State, his or her training, and any code of ethics of his
    or her respective professions, provided the person does not
    represent himself or herself as a "licensed marriage and
    family therapist" or an "associate licensed marriage and
    family therapist".
        (3) A person from practicing marriage and family
    therapy if the person is obtaining experience for licensure
    as a marriage and family therapist, provided the person is
    designated by a title that clearly indicates training
    status.
        (4) A person licensed in this State under any other Act
    from engaging the practice for which he or she is licensed.
        (5) A person from practicing marriage and family
    therapy if the person is a marriage and family therapist
    regulated under the laws of another State, territory of the
    United States or country and who has applied in writing to
    the Department, on forms prepared and furnished by the
    Department, for licensing as a marriage and family
    therapist and who is qualified to receive a license
    registration under Section 40 until the expiration of 6
    months after the filing of the written application, the
    withdrawal of the application, a notice of intent to deny
    the application, or the denial of the application by the
    Department.
(Source: P.A. 91-362, eff. 1-1-00.)
 
    (225 ILCS 55/20)  (from Ch. 111, par. 8351-20)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 20. Powers and duties of the Department. Subject to
the provisions of this Act, the Department shall exercise the
following functions, powers, and duties:
        (a) Conduct or authorize examinations to ascertain the
    fitness and qualifications of applicants for licensure and
    issue licenses to those who are found to be fit and
    qualified.
        (b) Adopt Prescribe rules required for the
    administration of this Act, including, but not limited to,
    rules for a method of examination of candidates and for
    determining approved graduate programs.
        (b-5) Prescribe forms to be issued for the
    administration and enforcement of this Act consistent with
    and reflecting the requirements of this Act and rules
    adopted pursuant to this Act rules for determining approved
    graduate programs and prepare and maintain a list of
    colleges and universities offering approved programs.
        (c) Conduct hearings on proceedings to refuse to issue
    or renew licenses or to revoke, suspend, place on
    probation, or reprimand persons licensed under the
    provisions of this Act or refuse to issue licenses.
        (d) Conduct investigations related to possible
    violations Promulgate rules required for the
    administration of this Act.
    The Board may make recommendations on matters relating to
continuing education, including the number of hours necessary
for license renewal, waivers for those unable to meet the
requirements, and acceptable course content.
(Source: P.A. 90-61, eff. 12-30-97.)
 
    (225 ILCS 55/25)  (from Ch. 111, par. 8351-25)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 25. Marriage and Family Therapy Licensing and
Disciplinary Board.
    (a) The Secretary shall appoint a There is established
within the Department the Marriage and Family Therapy Licensing
and Disciplinary Board to be appointed by the Secretary. The
Board shall be composed of 7 persons who shall serve in an
advisory capacity to the Secretary. The Board shall annually
elect a chairperson and a vice chairperson.
    (b) In appointing members of the Board, the Secretary shall
give due consideration to recommendations by members of the
profession of marriage and family therapy and by the statewide
organizations solely representing the interests of marriage
and family therapists.
    (c) Five members of the Board shall be marriage and family
therapists who have been in active practice for at least 5
years immediately preceding their appointment, or engaged in
the education and training of masters, doctoral, or
post-doctoral students of marriage and family therapy, or
engaged in marriage and family therapy research. Each marriage
or family therapy teacher or researcher shall have spent the
majority of the time devoted to the study or research of
marriage and family therapy during the 2 years immediately
preceding his or her appointment to the Board. The appointees
shall be licensed under this Act.
    (d) Two members shall be representatives of the general
public who have no direct affiliation or work experience with
the practice of marriage and family therapy and who clearly
represent consumer interests.
    (e) Board members shall be appointed for terms of 4 years
each, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Board member whom
he or she shall succeed. Upon the expiration of this term of
office, a Board member shall continue to serve until a
successor is appointed and qualified. No member shall serve
more than 2 consecutive 4-year terms be reappointed to the
Board for a term that would cause continuous service on the
Board to be longer than 8 years.
    (f) The membership of the Board shall reasonably reflect
representation from the various geographic areas of the State.
    (g) Members of the Board shall have no liability be immune
from suit in any action based upon any disciplinary proceedings
or other activities performed in good faith as members of the
Board.
    (h) The Secretary may remove any member of the Board for
any cause that, in the opinion of the Secretary, reasonably
justifies termination.
    (i) The Secretary may consider the recommendations of the
Board on questions of standards of professional conduct,
discipline, and qualification of candidates or licensees under
this Act.
    (j) The members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
    (k) A majority of the Board members currently appointed
shall constitute a quorum. A vacancy in the membership of the
Board shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the Board.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/30)  (from Ch. 111, par. 8351-30)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 30. Application.
    (a) Applications for original licensure shall be made to
the Department in writing on forms or electronically as
prescribed by the Department and shall be accompanied by the
appropriate documentation and the required fee, which shall not
be refundable fee is nonrefundable. Any application shall
require such information as, in the judgment of the Department,
will enable the Department to pass on the qualifications of the
applicant for licensing.
    (b) Applicants have 3 years from the date of application to
complete the application process. If the application has not
been completed within 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
    (c) A license shall not be denied to an applicant because
of the applicant's race, religion, creed, national origin,
political beliefs or activities, age, sex, sexual orientation,
or physical disability that does not affect a person's ability
to practice with reasonable judgment, skill, or safety.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/40)  (from Ch. 111, par. 8351-40)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 40. Qualifications for licensure.
    (a) A person is qualified for licensure as a marriage and
family therapist if that person:
        (1) is at least 21 years of age;
        (2) has applied in writing on forms prepared and
    furnished by the Department;
        (3) (blank);
        (4) (blank); has not engaged or is not engaged in any
    practice or conduct that would be grounds for disciplining
    a licensee under Section 85 of this Act;
        (5) satisfies the education and experience
    requirements of subsection (b) of this Section; and
        (6) passes a written examination authorized by the
    Department.
    (b) Any person who applies to the Department shall be
issued a marriage and family therapist license by the
Department if the person meets the qualifications set forth in
subsection (a) of this Section and provides evidence to the
Department that the person:
        (1) holds a master's or doctoral degree in marriage and
    family therapy approved by the Department from a regionally
    accredited educational institution; holds a master's or
    doctoral degree from a regionally accredited educational
    institution in marriage and family therapy or in a related
    field with an equivalent course of study in marriage and
    family therapy that is recommended by the Board and
    approved by the Department; or holds a master's or doctoral
    degree from a program accredited by the Commission on
    Accreditation for Marriage and Family Therapy Education
    commission on accreditations for marriage and family
    therapy education of the American Association for Marriage
    and Family Therapists;
        (2) following the receipt of the first qualifying
    degree, has at least 2 years of experience, as defined by
    rule, in the practice of marriage and family therapy,
    including at least 1,000 hours of face-to-face contact with
    couples and families for the purpose of evaluation and
    treatment;
        (3) has completed at least 200 hours of supervision of
    marriage and family therapy, as defined by rule.
    (c) Any person who applies to the Department shall be
issued a temporary license as an associate licensed marriage
and family therapist by the Department if the person meets the
qualifications set forth in subsection (a)(1), (2), and (4) of
this Section and provides evidence to the Department that the
person meets the qualifications set forth in subsection (b)(1)
of this Section. A person granted licensure as an associate
licensed marriage and family therapist is eligible to sit for
the written examination specified in paragraph (6) of
subsection (a) of this Section. The license as an associate
licensed marriage and family therapist shall not be valid for
more than 5 years.
    An associate licensed marriage and family therapist may not
practice independently and must be clinically supervised by a
licensed marriage and family therapist or equivalent as defined
by rule.
    An associate licensed marriage and family therapist may
petition the Department for a marriage and family therapist
license upon completion of the requirements in subsections (a)
and (b).
(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
 
    (225 ILCS 55/45)  (from Ch. 111, par. 8351-45)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 45. Licenses; renewals; restoration; person in
military service.
    (a) The expiration date and renewal period for each license
issued under this Act shall be set by rule. As a condition for
renewal of a license, the licensee shall be required to
complete continuing education under requirements set forth in
rules of the Department.
    (b) Any person who has permitted his or her license to
expire may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of fitness to have his or her license restored,
which may include sworn evidence certifying to active practice
in another jurisdiction satisfactory to the Department,
complying with any continuing education requirements, and
paying the required restoration fee.
    (c) If the person has not maintained an active practice in
another jurisdiction satisfactory to the Department, the Board
shall determine, by an evaluation program established by rule,
the person's fitness to resume active status and may require
the person to complete a period of evaluated clinical
experience and successful completion of a practical
examination.
    However, any person whose license expired while he or she
has been engaged (i) in federal service on active duty with the
Armed Forces of the United States or called into service or
training with the State Militia, or (ii) in training or
education under the supervision of the United States
preliminary to induction into the military service may have his
or her license renewed or restored without paying any lapsed
renewal fees if, within 2 years after honorable termination of
the service, training or education, except under condition
other than honorable, he or she furnishes the Department with
satisfactory evidence to the effect that he or she has been so
engaged and that the service, training, or education has been
so terminated.
    (d) Any person who notifies the Department, in writing on
forms prescribed by the Department, may place his or her
license on inactive status and shall be excused from the
payment of renewal fees until the person notifies the
Department in writing of the intention to resume active
practice.
    (e) Any person requesting his or her license be changed
from inactive to active status shall be required to pay the
current renewal fee and shall also demonstrate compliance with
the continuing education requirements.
    (f) Any marriage and family therapist or associate licensed
marriage and family therapist whose license is nonrenewed or on
inactive status shall not engage in the practice of marriage
and family therapy in the State of Illinois and use the title
or advertise that he or she performs the services of a
"licensed marriage and family therapist" or an "associate
licensed marriage and family therapist".
    (g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and will
be subject to the disciplinary provisions of this Act.
    (h) (Blank).
(Source: P.A. 90-61, eff. 12-30-97; 91-362, eff. 1-1-00.)
 
    (225 ILCS 55/65)  (from Ch. 111, par. 8351-65)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 65. Endorsement. The Department may issue a license as
a licensed marriage and family therapist, without the required
examination, to an applicant licensed under the laws of another
state if the requirements for licensure in that state are, on
the date of licensure, substantially equivalent equal to the
requirements of this Act or to a person who, at the time of his
or her application for licensure, possessed individual
qualifications that were substantially equivalent to the
requirements then in force in this State. An applicant under
this Section shall pay all of the required fees.
    Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 90-61, eff. 12-30-97.)
 
    (225 ILCS 55/70)  (from Ch. 111, par. 8351-70)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 70. Privileged communications and exceptions.
    (a) No licensed marriage and family therapist or associate
licensed marriage and family therapist shall disclose any
information acquired from persons consulting the marriage and
family therapist or associate licensed marriage and family
therapist in a professional capacity, except that which may be
voluntarily disclosed under the following circumstances:
        (1) In the course of formally reporting, conferring, or
    consulting with administrative superiors, colleagues, or
    consultants who share professional responsibility, in
    which instance all recipients of the information are
    similarly bound to regard the communications as
    privileged;
        (2) With the written consent of the person who provided
    the information;
        (3) In case of death or disability, with the written
    consent of a personal representative, other person
    authorized to sue, or the beneficiary of an insurance
    policy on the person's life, health, or physical condition;
        (4) When a communication reveals the intended
    commission of a crime or harmful act and the disclosure is
    judged necessary by the licensed marriage and family
    therapist or associate licensed marriage and family
    therapist to protect any person from a clear, imminent risk
    of serious mental or physical harm or injury, or to
    forestall a serious threat to the public safety; or
        (5) When the person waives the privilege by bringing
    any public charges, criminal, or civil, against the
    licensee.
    (b) Any person having access to records or any one who
participates in providing marriage and family therapy services
or who, in providing any human services, is supervised by a
licensed marriage and family therapist, is similarly bound to
regard all information and communications as privileged in
accord with this Section.
    (c) The Mental Health and Developmental Disabilities
Confidentiality Act is incorporated in this Act as if all of
its provisions were included in this Act.
(Source: P.A. 91-362, eff. 1-1-00.)
 
    (225 ILCS 55/75)  (from Ch. 111, par. 8351-75)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 75. License restrictions and limitations. No business
organization association, partnership, or professional limited
liability company shall provide, attempt to provide, or offer
to provide marriage and family therapy services unless every
member, partner, shareholder, director, officer, holder of any
other ownership interest, agent, and employee of the
association, partnership, or professional limited liability
company who practices marriage and family therapy or who
renders marriage and family therapy services holds a currently
valid current license issued under this Act. No business shall
be created that (1) has a stated purpose that includes marriage
and family therapy, or (2) practices or holds itself out as
available to practice provide, attempt to provide, or offer to
provide marriage and family therapy, services unless it is
organized under the Professional Service Corporation Act or
Professional Limited Liability Company Act. Nothing in this Act
shall preclude individuals licensed under this Act from
practicing directly or indirectly for a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987 or for any legal entity as provided under
subsection (c) of Section 22.2 of the Medical Practice Act of
1987.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (225 ILCS 55/80)  (from Ch. 111, par. 8351-80)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 80. Roster. The Department shall maintain a roster of
names and addresses of all persons who hold valid licenses
under this Act and all persons whose licenses have been
suspended or revoked within the previous year. This roster
shall be available upon request and payment of the required
fee.
(Source: P.A. 87-783.)
 
    (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 85. Refusal, revocation, or suspension.
    (a) The Department may refuse to issue or renew a license,
or may revoke a license, or may suspend, reprimand, place on
probation, fine, or take any other disciplinary or
non-disciplinary action as the Department may deem proper,
including the imposition of fines not to exceed $10,000 for
each violation, with regard to any license issued under the
provisions of this Act licensee for any one or combination of
the following grounds causes:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violation Violations of any provision of this Act
    or its rules.
        (3) Conviction of or entry of a plea of guilty or nolo
    contendere, finding of guilt, jury verdict, or entry of
    judgment or sentencing, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation, to any
    crime that is a felony under the laws of any jurisdiction
    of the United States that is (i) a felony or (ii) or any
    state or territory thereof or a misdemeanor, of which an
    essential element of which is dishonesty or that is
    directly related to the practice of the profession.
        (4) Fraud or Making any misrepresentation in applying
    for or procuring for the purpose of obtaining a license
    under this Act or in connection with applying for renewal
    or restoration of a license under or violating any
    provision of this Act or its rules.
        (5) Professional incompetence.
        (6) Gross negligence in practice under this Act.
        (7) Aiding or assisting another person in violating any
    provision of this Act or its rules.
        (8) Failing, within 60 30 days, to provide information
    in response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public as defined by the rules of the
    Department, or violating the rules of professional conduct
    adopted by the Board and published by the Department.
        (10) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, of addiction to
    alcohol, narcotics, stimulants, or any other substance
    chemical agent or drug that results in the inability to
    practice with reasonable judgment, skill, or safety.
        (11) Discipline by another jurisdiction state,
    territory, or country if at least one of the grounds for
    the discipline is the same or substantially equivalent to
    those set forth in this Act.
        (12) Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered. Nothing in this paragraph (12) affects any bona
    fide independent contractor or employment arrangements
    among health care professionals, health facilities, health
    care providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this Act.
    Nothing in this paragraph (12) shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (13) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation or failed to
    comply with the terms.
        (14) Abandonment of a patient without cause.
        (15) Willfully making or filing false records or
    reports relating to a licensee's practice, including but
    not limited to false records filed with State agencies or
    departments.
        (16) Willfully Wilfully failing to report an instance
    of suspected child abuse or neglect as required by the
    Abused and Neglected Child Reporting Act.
        (17) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act and upon
    proof by clear and convincing evidence that the licensee
    has caused a child to be an abused child or neglected child
    as defined in the Abused and Neglected Child Reporting Act.
        (18) Physical illness or mental illness or impairment,
    including, but not limited to, deterioration through the
    aging process or loss of motor skill that results in the
    inability to practice the profession with reasonable
    judgment, skill, or safety.
        (19) Solicitation of professional services by using
    false or misleading advertising.
        (20) A pattern of practice or other behavior that
    demonstrates incapacity or incompetence to practice under
    this Act. A finding that licensure has been applied for or
    obtained by fraudulent means.
        (21) Practicing under a false or assumed name, except
    as provided by law. or attempting to practice under a name
    other than the full name as shown on the license or any
    other legally authorized name.
        (22) Gross, willful, and continued overcharging for
    professional services, including filing false statements
    for collection of fees or moneys for which services are not
    rendered.
        (23) Failure to establish and maintain records of
    patient care and treatment as required by law.
        (24) Cheating on or attempting to subvert the licensing
    examinations administered under this Act.
        (25) Willfully failing to report an instance of
    suspected abuse, neglect, financial exploitation, or
    self-neglect of an eligible adult as defined in and
    required by the Adult Protective Services Act.
        (26) Being named as an abuser in a verified report by
    the Department on Aging and under the Adult Protective
    Services Act and upon proof by clear and convincing
    evidence that the licensee abused, neglected, or
    financially exploited an eligible adult as defined in the
    Adult Protective Services Act.
    (b) The Department shall deny any application for a license
or renewal, without hearing, under this Act to any person who
has defaulted on an educational loan guaranteed by the Illinois
Student Assistance Commission; however, the Department may
issue a license or renewal if the person in default has
established a satisfactory repayment record as determined by
the Illinois Student Assistance Commission.
    (c) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed marriage and family therapist or an
associate licensed marriage and family therapist.
    (d) The Department shall may refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay any
final assessment of tax, penalty, or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until the time the requirements of the tax Act are satisfied.
    (e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, which may include a substance abuse or
sexual offender evaluation, as required by and at the expense
of the Department.
    The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, licensed marriage and family
therapists, and other professional and administrative staff.
Any examining physician or member of the multidisciplinary team
may require any person ordered to submit to an examination and
evaluation pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
    The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed.
    The Department or Board may order the examining physician
or any member of the multidisciplinary team to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information, report, record, or other
documents in any way related to the examination shall be
excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee or applicant ordered to undergo an examination for the
examining physician or any member of the multidisciplinary team
to provide information, reports, records, or other documents or
to provide any testimony regarding the examination and
evaluation. The examining physicians shall be specifically
designated by the Board or Department.
    The individual to be examined may have, at his or her own
expense, another physician of his or her choice present during
all aspects of this examination. However, that physician shall
be present only to observe and may not interfere in any way
with the examination.
     Failure of an individual to submit to a mental or physical
examination, when ordered directed, shall result in an
automatic be grounds for suspension of his or her license until
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    (f) A fine shall be paid within 60 days after the effective
date of the order imposing the fine or in accordance with the
terms set forth in the order imposing the fine.
(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
 
    (225 ILCS 55/91)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 91. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
licensed marriage and family therapist or an associate licensed
marriage and family therapist without being licensed under this
Act shall, in addition to any other penalty provided by law,
pay a civil penalty to the Department in an amount not to
exceed $10,000 for each offense, as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
    (b) The Department may investigate any and all unlicensed
activity.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/95)  (from Ch. 111, par. 8351-95)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 95. Investigation; notice and hearing.
    (a) The Department may investigate the actions or
qualifications of any person or persons holding or claiming to
hold a license under this Act.
    (b) The Department shall, before disciplining an applicant
or licensee, Before suspending, revoking, placing on
probationary status, or taking any other disciplinary action as
the Department may deem proper with regard to any license, at
least 30 days before the date set for the hearing, the
Department shall (i) notify the accused in writing of any
charges made and the time and place for a hearing on the
charges before the Board, (ii) direct him or her to file a
written answer to the charges with the Board under oath within
20 days after the service on him or her of such notice, and
(iii) inform the applicant or licensee that failure to him or
her that if he or she fails to file an answer will result in a ,
default being entered against the applicant or licensee will be
taken against him or her and his or her license may be
suspended, revoked, placed on probationary status, or other
disciplinary action taken with regard to the license, including
limiting the scope, nature, or extent of his or her practice,
as the Department may deem proper.
    (c) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Board or
hearing officer may continue the hearing from time to time. In
case the person, after receiving notice, fails to file an
answer, his or her license may, in the discretion of the
Secretary having first received the recommendation of the
Board, Department, be suspended, revoked, placed on
probationary status, or be subject to the Department may take
whatever disciplinary action the Secretary considers deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act.
    (d) Written or electronic notice, and any notice in the
subsequent proceeding, may be served by personal delivery,
email, or by registered or certified mail to the applicant or
licensee at his or her last address of record or email address
of record. with the Department. In case the person fails to
file an answer after receiving notice, his or her license may,
in the discretion of the Department, be suspended, revoked, or
placed on probationary status, or the Department may take
whatever disciplinary action deemed proper, including limiting
the scope, nature, or extent of the person's practice or the
imposition of a fine, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act. The written answer shall be served by personal
delivery, certified delivery, or certified or registered mail
to the Department. At the time and place fixed in the notice,
the Department shall proceed to hear the charges and the
parties or their counsel shall be accorded ample opportunity to
present such statements, testimony, evidence, and argument as
may be pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. At the
discretion of the Secretary after having first received the
recommendation of the Board, the accused person's license may
be suspended or revoked, if the evidence constitutes sufficient
grounds for such action under this Act.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/100)  (from Ch. 111, par. 8351-100)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 100. Record of proceeding. The Department, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case. The notice of hearing, complaint
and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony,
the report of the Board and orders of the Department shall be
in the record of the proceedings. The Department shall furnish
a copy transcript of the record to any person interested in the
hearing upon payment of the fee required under Section 2105-115
of the Department of Professional Regulation Law (20 ILCS
2105/2105-115).
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (225 ILCS 55/115)  (from Ch. 111, par. 8351-115)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 115. Hearing; motion for rehearing Rehearing.
    (a) The Board or the hearing officer appointed by the
Secretary shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the Board shall present to the Secretary a written
report of its findings of fact, conclusions of law, and
recommendations. If the Board fails to present its report, the
applicant or licensee may request in writing a direct appeal to
the Secretary, in which case the Secretary may issue an order
based upon the report of the hearing officer and the record of
the proceedings or issue an order remanding the matter back to
the hearing officer for additional proceedings in accordance
with the order.
    (b) At the conclusion of the hearing, In any hearing
involving disciplinary action against a licensee, a copy of the
Board's or hearing officer's report shall be served upon the
applicant or licensee respondent by the Department, either
personally or as provided in this Act for the service of the
notice of hearing. Within 20 calendar days after service, the
applicant or licensee respondent may present to the Department
a motion in writing for a rehearing that shall specify the
particular grounds for rehearing. The Department may respond to
the motion for rehearing within 20 calendar days after its
service on the Department. If no motion for rehearing is filed,
then upon the expiration of the time specified for filing a
motion, or if a motion for rehearing is denied, then upon
denial of a motion for rehearing, the Secretary may enter an
order in accordance with recommendations of the Board or
hearing officer , except as provided in this Act. If the
applicant or licensee respondent orders from the reporting
service, and pays for, a transcript of the record within the
time for filing a motion for rehearing, the 20 calendar day
period within which a motion may be filed shall commence upon
the delivery of the transcript to the applicant or licensee
respondent.
    (c) If the Secretary disagrees in any regard with the
report of the Board, the Secretary may issue an order contrary
to the report.
    (d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
rehearing by the same or another hearing officer.
    (e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/125)  (from Ch. 111, par. 8351-125)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 125. Appointment of a hearing officer.
Notwithstanding any other provision of this Act, the The
Secretary has the authority to appoint any attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for refusal to issue or renew
a license, or to discipline a licensee. The hearing officer
shall have has full authority to conduct the hearing. The
hearing officer shall report his findings of fact, conclusions
of law, and recommendations to the Board and the Secretary. The
Board has 60 calendar days from receipt of the report to review
the report of the hearing officer and present its findings of
fact, conclusions of law and recommendations to the Secretary.
If the Board fails to present its report within the 60 calendar
day period, the respondent may request in writing a direct
appeal to the Secretary, in which case the Secretary shall,
within 7 calendar days after the request, issue an order
directing the Board to issue its findings of fact, conclusions
of law, and recommendations to the Secretary within 30 calendar
days after such order. If the Board fails to issue its findings
of fact, conclusions of law, and recommendations within that
time frame to the Secretary after the entry of such order, the
Secretary shall, within 30 calendar days thereafter, issue an
order based upon the report of the hearing officer and the
record of the proceedings or issue an order remanding the
matter back to the hearing officer for additional proceedings
in accordance with the order. If (i) a direct appeal is
requested, (ii) the Board fails to issue its findings of fact,
conclusions of law, and recommendations within the 30-day
mandate from the Secretary or the Secretary fails to order the
Board to do so, and (iii) the Secretary fails to issue an order
within 30 calendar days thereafter, then the hearing officer's
report is deemed accepted and a final decision of the
Secretary. Notwithstanding any other provision of this
Section, if the Secretary, upon review, determines that
substantial justice has not been done in the revocation,
suspension, or refusal to issue or renew a license or other
disciplinary action taken as the result of the entry of the
hearing officer's report, the Secretary may order a rehearing
by the same or other examiners. If the Secretary disagrees with
the recommendation of the Board or the hearing officer, the
Secretary may issue an order in contravention of the
recommendation.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/135)  (from Ch. 111, par. 8351-135)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 135. Restoration. At any time after the successful
completion of a term of probation, suspension, or revocation of
any license, the Department may restore the license to the
licensee accused person, upon the written recommendation of the
Board, unless after an investigation and a hearing the Board or
Department determines that restoration is not in the public
interest. Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license. No person whose
license has been revoked as authorized in this Act may apply
for restoration of that license or permit until such time as
provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 87-783.)
 
    (225 ILCS 55/145)  (from Ch. 111, par. 8351-145)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 145. Summary suspension. The Secretary may summarily
suspend the license of a marriage and family therapist or an
associate licensed marriage and family therapist without a
hearing, simultaneously with the institution of proceedings
for a hearing provided for in this Act, if the Secretary finds
that evidence in his or her possession indicates that a
marriage and family therapist's or associate licensed marriage
and family therapist's continuation in practice would
constitute an imminent danger to the public. In the event that
the Secretary summarily suspends the license of a marriage and
family therapist or an associate licensed marriage and family
therapist without a hearing, a hearing by the Board or
Department must be held within 30 calendar days after the
suspension has occurred.
(Source: P.A. 95-703, eff. 12-31-07.)
 
    (225 ILCS 55/150)  (from Ch. 111, par. 8351-150)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 150. Administrative Judicial review. All final
administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its
rules. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(Source: P.A. 87-783.)
 
    (225 ILCS 55/155)  (from Ch. 111, par. 8351-155)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 155. Certification of records. The Department shall
not be required to certify any record to the court Court or
file any answer in court or otherwise appear in any court in a
judicial review proceeding, unless and until the Department has
received from the plaintiff there is filed in the court, with
the complaint, a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Failure on
the part of the plaintiff to file such receipt in Court shall
be grounds for dismissal of the action.
(Source: P.A. 87-783.)
 
    (225 ILCS 55/156)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 156. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall may not disclose
the information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (225 ILCS 55/165)  (from Ch. 111, par. 8351-165)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 165. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is expressly adopted and
incorporated in this Act as if all of the provisions of that
Act were included in this Act, except that the provision of
paragraph (d) of Section 10-65 of the Illinois Administrative
Procedure Act, which provides that at hearings the license
holder has the right to show compliance with all lawful
requirements for retention, continuation or renewal of the
license certificate, is specifically excluded. For the purpose
of this Act the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed to the last known address of a party.
(Source: P.A. 90-61, eff. 12-30-97.)
 
    (225 ILCS 55/170)  (from Ch. 111, par. 8351-170)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 170. Home rule. The regulation and licensing of
marriage and family therapists and associate licensed marriage
and family therapists are exclusive powers and functions of the
State. A home rule unit may not regulate or license marriage
and family therapists or associate marriage and family
therapists. This Section is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 91-362, eff. 1-1-00.)
 
    Section 15. The Youth Mental Health Protection Act is
amended by changing Section 15 as follows:
 
    (405 ILCS 48/15)
    Sec. 15. Definitions. For the purposes of this Act:
    "Mental health provider" means a clinical psychologist
licensed under the Clinical Psychology Licensing Act; a school
psychologist as defined in the School Code; a psychiatrist as
defined in Section 1-121 of the Mental Health and Developmental
Disabilities Code; a clinical social worker or social worker
licensed under the Clinical Social Work and Social Work
Practice Act; a marriage and family therapist or associate
licensed marriage and family therapist licensed under the
Marriage and Family Therapy Licensing Act; a professional
counselor or clinical professional counselor licensed under
the Professional Counselor and Clinical Professional Counselor
Licensing and Practice Act; or any students, interns,
volunteers, or other persons assisting or acting under the
direction or guidance of any of these licensed professionals.
    "Sexual orientation change efforts" or "conversion
therapy" means any practices or treatments that seek to change
an individual's sexual orientation, as defined by subsection
(O-1) of Section 1-103 of the Illinois Human Rights Act,
including efforts to change behaviors or gender expressions or
to eliminate or reduce sexual or romantic attractions or
feelings towards individuals of the same sex. "Sexual
orientation change efforts" or "conversion therapy" does not
include counseling or mental health services that provide
acceptance, support, and understanding of a person without
seeking to change sexual orientation or mental health services
that facilitate a person's coping, social support, and gender
identity exploration and development, including sexual
orientation neutral interventions to prevent or address
unlawful conduct or unsafe sexual practices, without seeking to
change sexual orientation.
(Source: P.A. 99-411, eff. 1-1-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.