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91st General Assembly
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Public Act 91-0362

SB1130 Enrolled                               LRB9100877ACdvA

    AN ACT in relation to marriage and family therapy.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Marriage and Family Therapy Licensing Act
is  amended  by  changing Sections 5, 10, 15, 40, 45, 70, 85,
90, 145, and 170 as follows:

    (225 ILCS 55/5) (from Ch. 111, par. 8351-5)
    Sec. 5.  Legislative declaration of public  policy.   The
practice of marriage and family therapy in Illinois is hereby
declared to affect the public health, safety and welfare, and
to  be  subject  to  regulations in the public interest.  The
purpose  of  this  Act   is   to   establish   standards   of
qualifications for marriage and family therapists and license
marriage  and  family  therapists  and associate marriage and
family  therapists  who   meet   these   standards,   thereby
protecting  the  public  from persons who are unauthorized or
unqualified to represent themselves as licensed marriage  and
family  therapists  or associate licensed marriage and family
therapists,  and  from  unprofessional  conduct  by   persons
licensed to practice marriage and family therapy.
(Source: P.A. 87-783.)

    (225 ILCS 55/10) (from Ch. 111, par. 8351-10)
    Sec. 10.  Definitions.  As used in this Act:
    "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 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   Professional
Regulation.
    "Director"  means  the  Director  of  the  Department  of
Professional Regulation.
    "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.
    "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. 87-783; 87-1237.)

    (225 ILCS 55/15) (from Ch. 111, par. 8351-15)
    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 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"  under  supervision  in  accordance
    with this Act.
         (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
    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. 87-783; 87-1237.)

    (225 ILCS 55/40) (from Ch. 111, par. 8351-40)
    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)  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  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  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.  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. 89-387, eff. 8-20-95; 90-61, eff. 12-30-97.)

    (225 ILCS 55/45) (from Ch. 111, par. 8351-45)
    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 (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
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 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.)

    (225 ILCS 55/70) (from Ch. 111, par. 8351-70)
    Sec. 70.  Privileged communications and exceptions.
    (a)  No  licensed  marriage  and  family   therapist   or
associate  marriage  and  family therapist shall disclose any
information acquired from persons consulting the marriage and
family therapist or associate 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 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. 87-783.)

    (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
    Sec. 85.  Refusal, revocation, or suspension.
    (a)  The  Department may refuse to issue or renew, or may
revoke a license, or may suspend, place on  probation,  fine,
or  take  any  disciplinary action as the Department may deem
proper,  including  fines  not  to  exceed  $1000  for   each
violation,  with  regard  to  any  licensee  for  any  one or
combination of the following causes:
         (1)  Material misstatement in furnishing information
    to the Department.
         (2)  Violations of this Act or its rules.
         (3)  Conviction of any crime under the laws  of  the
    United  States  or any state or territory thereof that is
    (i) a felony, (ii) a misdemeanor, an essential element of
    which is dishonesty, or (iii) a crime that is related  to
    the practice of the profession.
         (4)  Making any misrepresentation for the purpose of
    obtaining  a  license  or violating any provision of this
    Act or its rules.
         (5)  Professional incompetence or gross negligence.
         (6)  Malpractice.
         (7)  Aiding or assisting another person in violating
    any provision of this Act or its rules.
         (8)  Failing, within 60 days, to provide information
    in response to a written request made by the Department.
         (9)  Engaging   in   dishonorable,   unethical,   or
    unprofessional conduct of a character likely to  deceive,
    defraud or harm the public as defined by the rules of the
    Department,   or  violating  the  rules  of  professional
    conduct  adopted  by  the  Board  and  published  by  the
    Department.
         (10)  Habitual or  excessive  use  or  addiction  to
    alcohol,  narcotics,  stimulants,  or  any other chemical
    agent or drug that results in the inability  to  practice
    with reasonable judgment, skill, or safety.
         (11)  Discipline  by  another  state,  territory, or
    country if at least one of the grounds for the discipline
    is the same or  substantially  equivalent  to  those  set
    forth in this Act.
         (12)  Directly  or indirectly giving to or receiving
    from  any  person,  firm,  corporation,  partnership   or
    association any fee, commission, rebate, or other form of
    compensation  for  any professional services not actually
    or personally rendered.
         (13)  A finding by the Department that the licensee,
    after having his or her license  placed  on  probationary
    status, has violated the terms of probation.
         (14)  Abandonment of a patient without cause.
         (15)  Willfully  making  or  filing false records or
    reports relating to a licensee's practice, including  but
    not limited to false records filed with State agencies or
    departments.
         (16)  Wilfully  failing  to  report  an  instance of
    suspected child abuse  or  neglect  as  required  by  the
    Abused and Neglected Child Reporting Act.
         (17)  Being  named  as a perpetrator in an indicated
    report by the Department of Children and Family  Services
    under  the  Abused  and Neglected Child Reporting Act and
    upon proof by clear  and  convincing  evidence  that  the
    licensee  has  caused  a  child  to be an abused child or
    neglected child as defined in the  Abused  and  Neglected
    Child Reporting Act.
         (18)  Physical   or   mental  disability,  including
    deterioration through  the  aging  process,  or  loss  of
    abilities  and  skills  that  results in the inability to
    practice the profession with reasonable judgment,  skill,
    or safety.
         (19)  Solicitation of professional services by using
    false or misleading advertising.
         (20)  A  finding that licensure has been applied for
    or obtained by fraudulent means.
         (21)  Practicing or attempting to practice  under  a
    name  other than the full name as shown on the license or
    any other legally authorized name.
         (22)  Gross overcharging for  professional  services
    including  filing  statements  for  collection of fees or
    moneys for which services are not rendered.
    (b)  The Department shall  deny  any  application  for  a
license,  without  hearing,  or renewal 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  Director that the licensee be allowed to
resume his or her practice as a licensed marriage and  family
therapist or an associate marriage and family therapist.
    (d)  The  Department  may  refuse to issue or may suspend
the license of any person who fails to file a return, pay the
tax, penalty, or interest shown in a filed return or pay  any
final assessment of tax, penalty, or interest, as required by
any  tax  Act  administered  by  the  Illinois  Department of
Revenue, until the time the requirements of the tax  Act  are
satisfied.
    (e)  In  enforcing  this Section, the Department or Board
upon  a  showing  of  a  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, as required by and  at  the
expense  of the Department. The Department or Board may order
the examining physician to present testimony  concerning  the
mental  or physical examination of the licensee or applicant.
No information shall be excluded by reason of any common  law
or statutory privilege relating to communications between the
licensee  or  applicant  and  the  examining  physician.  The
examining  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.
Failure of an individual to submit to a  mental  or  physical
examination,  when  directed, shall 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
Director  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 Director immediately suspends a
person's  license  under  this  Section,  a  hearing  on that
person's license must be convened by the Department within 15
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.
(Source: P.A. 90-61, eff. 12-30-97.)

    (225 ILCS 55/90) (from Ch. 111, par. 8351-90)
    Sec.  90.   Violations;  injunctions;  cease  and  desist
order.
    (a)  If any person violates a provision of this Act,  the
Director  may,  in  the  name  of  the People of the State of
Illinois, through  the  Attorney  General  of  the  State  of
Illinois,  petition  for  an order enjoining the violation or
for an order enforcing compliance with this  Act.   Upon  the
filing of a verified petition in court, the court may issue a
temporary  restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation.  If it is
established that the person has violated or is violating  the
injunction, the Court may punish the offender for contempt of
court.   Proceedings  under  this Section are in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
    (b)  If any person practices as  a  marriage  and  family
therapist  or  an  associate marriage and family therapist or
holds himself or herself out as such without having  a  valid
license  under  this  Act,  then any licensee, any interested
party or any person injured thereby may, in addition  to  the
Director,  petition  for relief as provided in subsection (a)
of this Section.
    (c)  Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may  issue
a  rule to show cause why an order to cease and desist should
not be entered against him or her.  The  rule  shall  clearly
set forth the grounds relied upon by the Department and shall
provide  a period of 7 days from the date of the rule to file
an answer to the satisfaction of the Department.  Failure  to
answer  to  the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately.
(Source: P.A. 90-61, eff. 12-30-97.)

    (225 ILCS 55/145) (from Ch. 111, par. 8351-145)
    Sec. 145. Summary suspension. The Director may  summarily
suspend  the license of a marriage and family therapist or an
associate marriage and family therapist  without  a  hearing,
simultaneously  with  the  institution  of  proceedings for a
hearing provided for in this Act, if the Director finds  that
evidence  in  his or her possession indicates that a marriage
and family  therapist's  or  associate  marriage  and  family
therapist's  continuation  in  practice  would  constitute an
imminent danger  to  the  public.   In  the  event  that  the
Director  summarily  suspends  the  license of a marriage and
family  therapist  or  an  associate  marriage   and   family
therapist  without  a hearing, a hearing by the Board must be
held  within  30  calendar  days  after  the  suspension  has
occurred.
(Source: P.A. 87-783; 87-1237.)

    (225 ILCS 55/170) (from Ch. 111, par. 8351-170)
    Sec. 170.  Home rule. The  regulation  and  licensing  of
marriage  and  family  therapists  and associate 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. 87-783.)

    Section 99.  Effective date.  This Act  takes  effect  on
January 1, 2000.

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