HB2365 103RD GENERAL ASSEMBLY

LRB103 30361 AMQ 56791 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2365

Introduced 2/14/2023, by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

225 ILCS 20/3	from Ch. 111, par. 6353
225 ILCS 20/5	from Ch. 111, par. 6355
225 ILCS 20/8.2 new
225 ILCS 20/8.3 new
225 ILCS 20/9	from Ch. 111, par. 6359

Amends the Clinical Social Work and Social Work Practice Act. Provides that an applicant may use an examination alternative to allow the Department of Financial and Professional Regulation to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work. Provides that the examination alternative shall consist of at least 2 years of supervised professional experience subsequent to obtaining the degree as established by rule. Provides that the examination alternative supervised professional experience shall be in addition to any other supervised clinical professional experience required for licensure. Provides that beginning January 1, 2026, an applicant acquiring the examination alternative supervised professional experience must be a licensed social worker or licensed in this State for the practice of school social work prior to acquiring the supervised professional experience. Provides that the Department shall require that a qualified licensed clinical social work supervisor to complete at least 6 hours of continuing education training. Makes corresponding changes. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Clinical Social Work and Social Work Practice Act is amended by changing Sections 3, 5, and 9 and by adding Section 8.2 and 8.3 as follows:

(225 ILCS 20/3) (from Ch. 111, par. 6353)

(Section scheduled to be repealed on January 1, 2028)

Sec. 3. Definitions. The following words and phrases shall have the meanings ascribed to them in this Section unless the context clearly indicates otherwise:

1. "Department" means the Department of Financial and Professional Regulation.

2. "Secretary" means the Secretary of Financial and Professional Regulation.

3. "Board" means the Social Work Examining and Disciplinary Board.

4. "Licensed Clinical Social Worker" means a person who holds a license authorizing the independent practice of clinical social work in Illinois under the auspices of an employer or in private practice or under the auspices of public human service agencies or private, nonprofit agencies providing publicly sponsored human services.

5. "Clinical social work practice" means the providing of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders in individuals, families, and groups based on knowledge and theory of professionally accepted theoretical structures, including, but not limited to, psychosocial development, behavior, psychopathology, unconscious motivation, interpersonal relationships, and environmental stress.

6. "Treatment procedures" means among other things, individual, marital, family, and group psychotherapy.

7. "Independent practice of clinical social work" means the application of clinical social work knowledge and skills by a licensed clinical social worker who regulates and is responsible for her or his own practice or treatment procedures.

8. "License" means that which is required to practice clinical social work or social work under this Act, the qualifications for which include specific education, acceptable experience, and examination requirements.

9. "Licensed social worker" means a person who holds a license authorizing the practice of social work, which includes social services to individuals, groups or communities in any one or more of the fields of social casework, social group work, community organization for social welfare, social work research, social welfare administration, or social work education. Social casework and social group work may also include clinical social work, as long as it is not conducted in an independent practice, as defined in this Section.

10. "Address of record" means the 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.

11. "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.

12. "Qualified licensed clinical social work supervisor" means a licensed clinical social worker who has completed at least 6 hours of clinical supervision training.

(Source: P.A. 100-201, eff. 8-18-17; 100-414, eff. 8-25-17.)

(225 ILCS 20/5) (from Ch. 111, par. 6355)

(Section scheduled to be repealed on January 1, 2028)

Sec. 5. Powers and duties of the Department. Subject to the provisions of this Act, the Department shall exercise the following functions, powers, and duties:

(1) Conduct or authorize examinations or examination alternatives to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work, pass upon the qualifications of applicants for licenses, and issue licenses to those who are found to be fit and qualified.

(2) Adopt rules required for the administration and enforcement of this Act.

(3) Adopt rules for determining approved undergraduate and graduate social work degree programs and prepare and maintain a list of colleges and universities offering such approved programs whose graduates, if they otherwise meet the requirements of this Act, are eligible to apply for a license.

(4) 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.

(5) Conduct investigations related to possible violations of this Act.

(6) Maintain rosters of the names and addresses of all persons who hold valid licenses under this Act. These rosters shall be available upon written request and payment of the required fee.

(Source: P.A. 102-326, eff. 1-1-22.)

(225 ILCS 20/8.2 new)

Sec. 8.2. Examination alternative.

(a) An applicant may use an examination alternative to allow the Department to ascertain the qualifications and fitness of candidates for a license to engage in the independent practice of clinical social work.

(b) The examination alternative shall consist of at least 2 years of supervised professional experience subsequent to obtaining the degree as established by rule. If no supervision by a licensed clinical social worker is available, then supervised professional experience may include supervision by other appropriate disciplines as defined by rule.

(c) The examination alternative supervised professional experience shall be in addition to any other supervised clinical professional experience required for licensure.

(d) Beginning January 1, 2026, an applicant acquiring the examination alternative supervised professional experience must be a licensed social worker or licensed in this State for the practice of school social work prior to acquiring the supervised professional experience.

(225 ILCS 20/8.3 new)

Sec. 8.3. Qualified licensed clinical social work supervisor. The Department shall require a qualified licensed clinical social work supervisor to complete at least 6 hours of continuing education training. The Department may adopt any rules necessary to implement this Section.

(225 ILCS 20/9) (from Ch. 111, par. 6359)

(Section scheduled to be repealed on January 1, 2028)

Sec. 9. Qualifications for clinical social worker license. A person shall be qualified to be licensed as a clinical social worker if that person:

(1) has applied in writing on the prescribed form;

(2) is of good moral character. In determining good moral character, the Department may take into consideration whether the applicant was engaged in conduct or actions that would constitute grounds for discipline under this Act;

(3)(a) demonstrates to the satisfaction of the Department that subsequent to securing a master's degree in social work from an approved program the applicant has successfully completed at least 3,000 hours of satisfactory, supervised clinical professional experience from a qualified licensed clinical social work supervisor; or

(b) demonstrates to the satisfaction of the Department that such applicant has received a doctor's degree in social work from an approved program and has completed at least 2,000 hours of satisfactory, supervised clinical professional experience subsequent to the degree;

(4) has passed the examination for the practice of clinical social work as authorized by the Department or has completed the examination alternative set forth in Section 8.2; and

(5) has paid the required fees.

(Source: P.A. 100-414, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon becoming law.