99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2433

 

Introduced 2/9/2016, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal of the Clinical Psychologist Licensing Act from January 1, 2017 to January 1, 2027. Amends the Clinical Psychologist Licensing Act. Requires applicants or licensees to inform the Department of Financial and Professional Regulation of any change of address within 14 days after the change. Authorizes the Department to prescribe forms to be issued for the administration and enforcement of the Act and to conduct investigations related to possible violations of the Act. Removes language requiring that the Secretary of Financial and Professional Regulation issue a report to the Clinical Psychologists Licensing and Disciplinary Board if he or she takes action contrary to the recommendation of the Board. Provides that a person licensed in another state or jurisdiction of the United States or Canada, holds a doctoral degree in clinical, school, or counseling psychology, and has no disciplinary action taken against his or her license in any jurisdiction may be licensed at the Department's discretion. Provides that a person licensed in any foreign country or province whose standards were substantially equivalent on the date of his or her licensure in the other jurisdiction may be licensed at the recommendation of the Board. Includes the Department in certain disciplinary proceedings. Makes changes to provisions concerning investigations and hearings. Removes the requirement that the Board review reports from a hearing officer within 60 days. Makes changes to provisions concerning rehearings and final orders. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2433LRB099 16021 MLM 40339 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.27 and by adding Section 4.37 as follows:
 
6    (5 ILCS 80/4.27)
7    Sec. 4.27. Acts repealed on January 1, 2017. The following
8are repealed on January 1, 2017:
9    The Illinois Optometric Practice Act of 1987.
10    The Clinical Psychologist Licensing Act.
11    The Boiler and Pressure Vessel Repairer Regulation Act.
12    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
13XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
14(Source: P.A. 99-78, eff. 7-20-15.)
 
15    (5 ILCS 80/4.37 new)
16    Sec. 4.37. Acts repealed on January 1, 2027. The following
17Act is repealed on January 1, 2027:
18    The Clinical Psychologist Licensing Act.
 
19    Section 10. The Clinical Psychologist Licensing Act is
20amended by changing Sections 2, 3, 6, 7, 10, 11, 15, 15.2, 16,
2116.1, 19, 20, 21, and 23 and by adding Section 2.5 as follows:
 

 

 

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1    (225 ILCS 15/2)  (from Ch. 111, par. 5352)
2    (Section scheduled to be repealed on January 1, 2017)
3    Sec. 2. Definitions. As used in this Act:
4        (1) "Department" means the Department of Financial and
5    Professional Regulation.
6        (2) "Secretary" means the Secretary of Financial and
7    Professional Regulation.
8        (3) "Board" means the Clinical Psychologists Licensing
9    and Disciplinary Board appointed by the Secretary.
10        (4) (Blank). "Person" means an individual,
11    association, partnership or corporation.
12        (5) "Clinical psychology" means the independent
13    evaluation, classification and treatment of mental,
14    emotional, behavioral or nervous disorders or conditions,
15    developmental disabilities, alcoholism and substance
16    abuse, disorders of habit or conduct, and the psychological
17    aspects of physical illness. The practice of clinical
18    psychology includes psychoeducational evaluation, therapy,
19    remediation and consultation, the use of psychological and
20    neuropsychological testing, assessment, psychotherapy,
21    psychoanalysis, hypnosis, biofeedback, and behavioral
22    modification when any of these are used for the purpose of
23    preventing or eliminating psychopathology, or for the
24    amelioration of psychological disorders of individuals or
25    groups. "Clinical psychology" does not include the use of

 

 

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1    hypnosis by unlicensed persons pursuant to Section 3.
2        (6) A person represents himself to be a "clinical
3    psychologist" or "psychologist" within the meaning of this
4    Act when he or she holds himself out to the public by any
5    title or description of services incorporating the words
6    "psychological", "psychologic", "psychologist",
7    "psychology", or "clinical psychologist" or under such
8    title or description offers to render or renders clinical
9    psychological services as defined in paragraph (7) of this
10    Section to individuals, corporations, or the public for
11    remuneration.
12        (7) "Clinical psychological services" refers to any
13    services under paragraph (5) of this Section if the words
14    "psychological", "psychologic", "psychologist",
15    "psychology" or "clinical psychologist" are used to
16    describe such services by the person or organization
17    offering to render or rendering them.
18        (8) "Collaborating physician" means a physician
19    licensed to practice medicine in all of its branches in
20    Illinois who generally prescribes medications for the
21    treatment of mental health disease or illness to his or her
22    patients in the normal course of his or her clinical
23    medical practice.
24        (9) "Prescribing psychologist" means a licensed,
25    doctoral level psychologist who has undergone specialized
26    training, has passed an examination as determined by rule,

 

 

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1    and has received a current license granting prescriptive
2    authority under Section 4.2 of this Act that has not been
3    revoked or suspended from the Department.
4        (10) "Prescriptive authority" means the authority to
5    prescribe, administer, discontinue, or distribute drugs or
6    medicines.
7        (11) "Prescription" means an order for a drug,
8    laboratory test, or any medicines, including controlled
9    substances as defined in the Illinois Controlled
10    Substances Act.
11        (12) "Drugs" has the meaning given to that term in the
12    Pharmacy Practice Act.
13        (13) "Medicines" has the meaning given to that term in
14    the Pharmacy Practice Act.
15        (14) "Address of record" means the designated address
16    recorded by the Department in the applicant's application
17    file or the licensee's license file maintained by the
18    Department's licensure maintenance unit.
19    This Act shall not apply to persons lawfully carrying on
20their particular profession or business under any valid
21existing regulatory Act of the State.
22(Source: P.A. 98-668, eff. 6-25-14.)
 
23    (225 ILCS 15/2.5 new)
24    Sec. 2.5. Change of address. It is the duty of the
25applicant or licensee to inform the Department of any change of

 

 

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1address within 14 days after such change either through the
2Department's website or by contacting the Department's
3licensure maintenance unit.
 
4    (225 ILCS 15/3)  (from Ch. 111, par. 5353)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 3. Necessity of license; corporations, professional
7limited liability companies, partnerships, and associations;
8display of license.
9    (a) No individual, partnership, association or corporation
10shall, without a valid license as a clinical psychologist
11issued by the Department, in any manner hold himself or herself
12out to the public as a psychologist or clinical psychologist
13under the provisions of this Act or render or offer to render
14clinical psychological services as defined in paragraph 7 of
15Section 2 of this Act; or attach the title "clinical
16psychologist", "psychologist" or any other name or designation
17which would in any way imply that he or she is able to practice
18as a clinical psychologist; or offer to render or render, to
19individuals, corporations or the public, clinical
20psychological services as defined in paragraph 7 of Section 2
21of this Act.
22    No person may engage in the practice of clinical
23psychology, as defined in paragraph (5) of Section 2 of this
24Act, without a license granted under this Act, except as
25otherwise provided in this Act.

 

 

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1    (b) No association or partnership shall be granted a
2license and no professional limited liability company shall
3provide, attempt to provide, or offer to provide clinical
4psychological services unless every member, partner, and
5employee of the association, partnership, or professional
6limited liability company who renders clinical psychological
7services holds a currently valid license issued under this Act.
8No license shall be issued by the Department to a corporation
9shall be created that (i) has a stated purpose that includes
10clinical psychology, or (ii) practices or holds itself out as
11available to practice clinical psychology, unless it is
12organized under the Professional Service Corporation Act.
13    (c) Individuals, corporations, professional limited
14liability companies, partnerships, and associations may employ
15practicum students, interns or postdoctoral candidates seeking
16to fulfill educational requirements or the professional
17experience requirements needed to qualify for a license as a
18clinical psychologist to assist in the rendering of services,
19provided that such employees function under the direct
20supervision, order, control and full professional
21responsibility of a licensed clinical psychologist in the
22corporation, professional limited liability company,
23partnership, or association. Nothing in this paragraph shall
24prohibit a corporation, professional limited liability
25company, partnership, or association from contracting with a
26licensed health care professional to provide services.

 

 

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1    (c-5) Nothing in this Act shall preclude individuals
2licensed under this Act from practicing directly or indirectly
3for a physician licensed to practice medicine in all its
4branches under the Medical Practice Act of 1987 or for any
5legal entity as provided under subsection (c) of Section 22.2
6of the Medical Practice Act of 1987.
7    Nothing in this Act shall preclude individuals licensed
8under this Act from practicing directly or indirectly for any
9hospital licensed under the Hospital Licensing Act or any
10hospital affiliate as defined in Section 10.8 of the Hospital
11Licensing Act and any hospital authorized under the University
12of Illinois Hospital Act.
13    (d) Nothing in this Act shall prevent the employment, by a
14clinical psychologist, individual, association, partnership,
15professional limited liability company, or corporation
16furnishing clinical psychological services for remuneration,
17of persons not licensed as clinical psychologists under the
18provisions of this Act to perform services in various
19capacities as needed, provided that such persons are not in any
20manner held out to the public as rendering clinical
21psychological services as defined in paragraph 7 of Section 2
22of this Act. Nothing contained in this Act shall require any
23hospital, clinic, home health agency, hospice, or other entity
24that provides health care services to employ or to contract
25with a clinical psychologist licensed under this Act to perform
26any of the activities under paragraph (5) of Section 2 of this

 

 

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1Act.
2    (e) Nothing in this Act shall be construed to limit the
3services and use of official title on the part of a person, not
4licensed under the provisions of this Act, in the employ of a
5State, county or municipal agency or other political
6subdivision insofar that such services are a part of the duties
7in his or her salaried position, and insofar that such services
8are performed solely on behalf of his or her employer.
9    Nothing contained in this Section shall be construed as
10permitting such person to offer their services as psychologists
11to any other persons and to accept remuneration for such
12psychological services other than as specifically excepted
13herein, unless they have been licensed under the provisions of
14this Act.
15    (f) Duly recognized members of any bonafide religious
16denomination shall not be restricted from functioning in their
17ministerial capacity provided they do not represent themselves
18as being clinical psychologists or providing clinical
19psychological services.
20    (g) Nothing in this Act shall prohibit individuals not
21licensed under the provisions of this Act who work in self-help
22groups or programs or not-for-profit organizations from
23providing services in those groups, programs, or
24organizations, provided that such persons are not in any manner
25held out to the public as rendering clinical psychological
26services as defined in paragraph 7 of Section 2 of this Act.

 

 

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1    (h) Nothing in this Act shall be construed to prevent a
2person from practicing hypnosis without a license issued under
3this Act provided that the person (1) does not otherwise engage
4in the practice of clinical psychology including, but not
5limited to, the independent evaluation, classification, and
6treatment of mental, emotional, behavioral, or nervous
7disorders or conditions, developmental disabilities,
8alcoholism and substance abuse, disorders of habit or conduct,
9and the psychological aspects of physical illness, (2) does not
10otherwise engage in the practice of medicine including, but not
11limited to, the diagnosis or treatment of physical or mental
12ailments or conditions, and (3) does not hold himself or
13herself out to the public by a title or description stating or
14implying that the individual is a clinical psychologist or is
15licensed to practice clinical psychology.
16    (i) Every licensee under this Act shall prominently display
17the license at the licensee's principal office, place of
18business, or place of employment and, whenever requested by any
19representative of the Department, must exhibit the license.
20(Source: P.A. 99-227, eff. 8-3-15.)
 
21    (225 ILCS 15/6)  (from Ch. 111, par. 5356)
22    (Section scheduled to be repealed on January 1, 2017)
23    Sec. 6. Subject to the provisions of this Act, the
24Department shall:
25    (1) Authorize examinations to ascertain the qualifications

 

 

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1and fitness of applicants for licensure as clinical
2psychologists and pass upon the qualifications of applicants
3for reciprocal licensure.
4    (2) Conduct hearings on proceedings to refuse to issue or
5renew or to revoke licenses or suspend, place on probation,
6censure or reprimand persons licensed under the provisions of
7this Act, and to refuse to issue or to suspend or to revoke or
8to refuse to renew licenses or to place on probation, censure
9or reprimand such persons licensed under the provisions of this
10Act.
11    (3) Adopt Formulate rules and regulations required for the
12administration of this Act.
13    (4) Prescribe forms to be issued for the administration and
14enforcement of this Act.
15    (5) Conduct investigations related to possible violations
16of this Act.
17(Source: P.A. 85-947.)
 
18    (225 ILCS 15/7)  (from Ch. 111, par. 5357)
19    (Section scheduled to be repealed on January 1, 2017)
20    Sec. 7. Board. The Secretary shall appoint a Board that
21shall serve in an advisory capacity to the Secretary.
22    The Board shall consist of 11 persons: 4 of whom are
23licensed clinical psychologists and actively engaged in the
24practice of clinical psychology; 2 of whom are licensed
25prescribing psychologists; 2 of whom are physicians licensed to

 

 

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1practice medicine in all its branches in Illinois who generally
2prescribe medications for the treatment of mental health
3disease or illness in the normal course of clinical medical
4practice, one of whom shall be a psychiatrist and the other a
5primary care or family physician; 2 of whom are licensed
6clinical psychologists and are full time faculty members of
7accredited colleges or universities who are engaged in training
8clinical psychologists; and one of whom is a public member who
9is not a licensed health care provider. In appointing members
10of the Board, the Secretary shall give due consideration to the
11adequate representation of the various fields of health care
12psychology such as clinical psychology, school psychology and
13counseling psychology. In appointing members of the Board, the
14Secretary shall give due consideration to recommendations by
15members of the profession of clinical psychology and by the
16State-wide organizations representing the interests of
17clinical psychologists and organizations representing the
18interests of academic programs as well as recommendations by
19approved doctoral level psychology programs in the State of
20Illinois, and, with respect to the 2 physician members of the
21Board, the Secretary shall give due consideration to
22recommendations by the Statewide professional associations or
23societies representing physicians licensed to practice
24medicine in all its branches in Illinois. The members shall be
25appointed for a term of 4 years. No member shall be eligible to
26serve for more than 2 full terms. Any appointment to fill a

 

 

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1vacancy shall be for the unexpired portion of the term. A
2member appointed to fill a vacancy for an unexpired term for a
3duration of 2 years or more may be reappointed for a maximum of
4one term and a member appointed to fill a vacancy for an
5unexpired term for a duration of less than 2 years may be
6reappointed for a maximum of 2 terms. The Secretary may remove
7any member for cause at any time prior to the expiration of his
8or her term.
9    The 2 initial appointees to the Board who are licensed
10prescribing psychologists may hold a medical or prescription
11license issued by another state so long as the license is
12deemed by the Secretary to be substantially equivalent to a
13prescribing psychologist license under this Act and so long as
14the appointees also maintain an Illinois clinical psychologist
15license. Such initial appointees shall serve on the Board until
16the Department adopts rules necessary to implement licensure
17under Section 4.2 of this Act.
18    The Board shall annually elect a one of its members as
19chairperson and vice chairperson.
20    The members of the Board shall be reimbursed for all
21authorized legitimate and necessary expenses incurred in
22attending the meetings of the Board.
23    The Secretary shall give due consideration to all
24recommendations of the Board. In the event the Secretary
25disagrees with or takes action contrary to the recommendation
26of the Board, he or she shall provide the Board with a written

 

 

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1and specific explanation of his or her actions.
2    The Board may make recommendations on all matters relating
3to continuing education including the number of hours necessary
4for license renewal, waivers for those unable to meet such
5requirements and acceptable course content. Such
6recommendations shall not impose an undue burden on the
7Department or an unreasonable restriction on those seeking
8license renewal.
9    The 2 licensed prescribing psychologist members of the
10Board and the 2 physician members of the Board shall only
11deliberate and make recommendations related to the licensure
12and discipline of prescribing psychologists. Four members
13shall constitute a quorum, except that all deliberations and
14recommendations related to the licensure and discipline of
15prescribing psychologists shall require a quorum of 6 members.
16A quorum is required for all Board decisions.
17    Members of the Board shall have no liability in any action
18based upon any disciplinary proceeding or other activity
19performed in good faith as a member of the Board.
20    The Secretary may terminate the appointment of any member
21for cause which in the opinion of the Secretary reasonably
22justifies such termination.
23(Source: P.A. 98-668, eff. 6-25-14.)
 
24    (225 ILCS 15/10)  (from Ch. 111, par. 5360)
25    (Section scheduled to be repealed on January 1, 2017)

 

 

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1    Sec. 10. Qualifications of applicants; examination. The
2Department, except as provided in Section 11 of this Act, shall
3issue a license as a clinical psychologist to any person who
4pays an application fee and who:
5        (1) is at least 21 years of age; and has not engaged in
6    conduct or activities which would constitute grounds for
7    discipline under this Act;
8        (2) (blank);
9        (3) is a graduate of a doctoral program from a college,
10    university or school accredited by the regional
11    accrediting body which is recognized by the Council on
12    Postsecondary Accreditation and is in the jurisdiction in
13    which it is located for purposes of granting the doctoral
14    degree and either:
15            (a) is a graduate of a doctoral program in
16        clinical, school or counseling psychology either
17        accredited by the American Psychological Association
18        or the Psychological Clinical Science Accreditation
19        System or approved by the Council for the National
20        Register of Health Service Providers in Psychology or
21        other national board recognized by the Board, and has
22        completed 2 years of satisfactory supervised
23        experience in clinical, school or counseling
24        psychology at least one of which is an internship and
25        one of which is postdoctoral; or
26            (b) holds a doctoral degree from a recognized

 

 

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1        college, university or school which the Department,
2        through its rules, establishes as being equivalent to a
3        clinical, school or counseling psychology program and
4        has completed at least one course in each of the
5        following 7 content areas, in actual attendance at a
6        recognized university, college or school whose
7        graduates would be eligible for licensure under this
8        Act: scientific and professional ethics, biological
9        basis of behavior, cognitive-affective basis of
10        behavior, social basis of behavior, individual
11        differences, assessment, and treatment modalities; and
12        has completed 2 years of satisfactory supervised
13        experience in clinical, school or counseling
14        psychology, at least one of which is an internship and
15        one of which is postdoctoral; or
16            (c) holds a doctorate in psychology or in a program
17        whose content is psychological in nature from an
18        accredited college, university or school not meeting
19        the standards of paragraph (a) or (b) of this
20        subsection (3) and provides evidence of the completion
21        of at least one course in each of the 7 content areas
22        specified in paragraph (b) in actual attendance at a
23        recognized university, school or college whose
24        graduate would be eligible for licensure under this
25        Act; and has completed an appropriate practicum, an
26        internship or equivalent supervised clinical

 

 

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1        experience in an organized mental health care setting
2        and 2 years of satisfactory supervised experience in
3        clinical or counseling psychology, at least one of
4        which is postdoctoral; and
5        (4) has passed an examination authorized by the
6    Department to determine his or her fitness to receive a
7    license.
8Applicants for licensure under subsection (3)(a) and (3)(b) of
9this Section shall complete 2 years of satisfactory supervised
10experience, at least one of which shall be an internship and
11one of which shall be postdoctoral. A year of supervised
12experience is defined as not less than 1,750 hours obtained in
13not less than 50 weeks based on 35 hours per week for full-time
14work experience. Full-time supervised experience will be
15counted only if it is obtained in a single setting for a
16minimum of 6 months. Part-time and internship experience will
17be counted only if it is 18 hours or more a week for a minimum
18of 9 months and is in a single setting. The internship
19experience required under subsection (3)(a) and (3)(b) of this
20Section shall be a minimum of 1,750 hours completed within 24
21months.
22    Programs leading to a doctoral degree require minimally the
23equivalent of 3 full-time academic years of graduate study, at
24least 2 years of which are at the institution from which the
25degree is granted, and of which at least one year or its
26equivalent is in residence at the institution from which the

 

 

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1degree is granted. Course work for which credit is given for
2life experience will not be accepted by the Department as
3fulfilling the educational requirements for licensure.
4Residence requires interaction with psychology faculty and
5other matriculated psychology students; one year's residence
6or its equivalent is defined as follows:
7        (a) 30 semester hours taken on a full-time or part-time
8    basis at the institution accumulated within 24 months, or
9        (b) a minimum of 350 hours of student-faculty contact
10    involving face-to-face individual or group courses or
11    seminars accumulated within 18 months. Such educational
12    meetings must include both faculty-student and
13    student-student interaction, be conducted by the
14    psychology faculty of the institution at least 90% of the
15    time, be fully documented by the institution, and relate
16    substantially to the program and course content. The
17    institution must clearly document how the applicant's
18    performance is assessed and evaluated.
19    To meet the requirement for satisfactory supervised
20experience, under this Act the supervision must be performed
21pursuant to the order, control and full professional
22responsibility of a licensed clinical psychologist. The
23clients shall be the clients of the agency or supervisor rather
24than the supervisee. Supervised experience in which the
25supervisor receives monetary payment or other consideration
26from the supervisee or in which the supervisor is hired by or

 

 

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1otherwise employed by the supervisee shall not be accepted by
2the Department as fulfilling the practicum, internship or 2
3years of satisfactory supervised experience requirements for
4licensure.
5    Examinations for applicants under this Act shall be held at
6the direction of the Department from time to time but not less
7than once each year. The scope and form of the examination
8shall be determined by the Department.
9    Each applicant for a license who possesses the necessary
10qualifications therefor shall be examined by the Department,
11and shall pay to the Department, or its designated testing
12service, the required examination fee, which fee shall not be
13refunded by the Department.
14    Applicants have 3 years from the date of application to
15complete the application process. If the process has not been
16completed in 3 years, the application shall be denied, the fee
17shall be forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19    An applicant has one year from the date of notification of
20successful completion of the examination to apply to the
21Department for a license. If an applicant fails to apply within
22one year, the applicant shall be required to take and pass the
23examination again unless licensed in another jurisdiction of
24the United States within one year of passing the examination.
25(Source: P.A. 98-849, eff. 1-1-15.)
 

 

 

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1    (225 ILCS 15/11)  (from Ch. 111, par. 5361)
2    (Section scheduled to be repealed on January 1, 2017)
3    Sec. 11. Persons licensed in other jurisdictions.
4    (a) The Department may, in its discretion, grant a license
5on payment of the required fee to any person who, at the time
6of application, is licensed by a similar board of another state
7or jurisdiction of the United States or Canada, holds a
8doctoral degree in clinical, school, or counseling psychology,
9and has no disciplinary action taken against his or her license
10in any jurisdiction of a foreign country or province whose
11standards, in the opinion of the Department, were substantially
12equivalent, at the date of his or her licensure in the other
13jurisdiction, to the requirements of this Act or to any person
14who, at the time of his or her licensure, possessed individual
15qualifications that were substantially equivalent to the
16requirements then in force in this State.
17    (b) The Department may issue a license, upon payment of the
18required fee and recommendation of the Board, to an individual
19applicant who is licensed in any foreign country or province
20whose standards, in the opinion of the Board or Department,
21were substantially equivalent, at the date of his or her
22licensure in the other jurisdiction, to the requirements of
23this Act or to any person who, at the time of his or her
24licensure, possessed individual qualifications that were
25substantially equivalent to the requirements then in force in
26this State. :

 

 

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1        (1) has been licensed based on a doctorate degree to
2    practice psychology in one or more other states or Canada
3    for at least 20 years;
4        (2) has had no disciplinary action taken against his or
5    her license in any other jurisdiction during the entire
6    period of licensure;
7        (3) submits the appropriate fee and application;
8        (4) has not violated any provision of this Act or the
9    rules adopted under this Act; and
10        (5) complies with all additional rules promulgated
11    under this subsection.
12    The Department may promulgate rules to further define these
13licensing criteria.
14    (c) Applicants have 3 years from the date of application to
15complete the application process. If the process has not been
16completed in 3 years, the application shall be denied, the fee
17shall be forfeited, and the applicant must reapply and meet the
18requirements in effect at the time of reapplication.
19(Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96;
2089-702, eff. 7-1-97.)
 
21    (225 ILCS 15/15)  (from Ch. 111, par. 5365)
22    (Section scheduled to be repealed on January 1, 2017)
23    Sec. 15. Disciplinary action; grounds. The Department may
24refuse to issue, refuse to renew, suspend, or revoke any
25license, or may place on probation, censure, reprimand, or take

 

 

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1other disciplinary or non-disciplinary action deemed
2appropriate by the Department, including the imposition of
3fines not to exceed $10,000 for each violation, with regard to
4any license issued under the provisions of this Act for any one
5or a combination of the following reasons:
6        (1) Conviction of, or entry of a plea of guilty or nolo
7    contendere to, any crime that is a felony under the laws of
8    the United States or any state or territory thereof or that
9    is a misdemeanor of which an essential element is
10    dishonesty, or any crime that is directly related to the
11    practice of the profession.
12        (2) Gross negligence in the rendering of clinical
13    psychological services.
14        (3) Using fraud or making any misrepresentation in
15    applying for a license or in passing the examination
16    provided for in this Act.
17        (4) Aiding or abetting or conspiring to aid or abet a
18    person, not a clinical psychologist licensed under this
19    Act, in representing himself or herself as so licensed or
20    in applying for a license under this Act.
21        (5) Violation of any provision of this Act or the rules
22    promulgated thereunder.
23        (6) Professional connection or association with any
24    person, firm, association, partnership or corporation
25    holding himself, herself, themselves, or itself out in any
26    manner contrary to this Act.

 

 

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1        (7) Unethical, unauthorized or unprofessional conduct
2    as defined by rule. In establishing those rules, the
3    Department shall consider, though is not bound by, the
4    ethical standards for psychologists promulgated by
5    recognized national psychology associations.
6        (8) Aiding or assisting another person in violating any
7    provisions of this Act or the rules promulgated thereunder.
8        (9) Failing to provide, within 60 days, information in
9    response to a written request made by the Department.
10        (10) Habitual or excessive use or addiction to alcohol,
11    narcotics, stimulants, or any other chemical agent or drug
12    that results in a clinical psychologist's inability to
13    practice with reasonable judgment, skill or safety.
14        (11) Discipline by another state, territory, the
15    District of Columbia or foreign country, if at least one of
16    the grounds for the discipline is the same or substantially
17    equivalent to those set forth herein.
18        (12) Directly or indirectly giving or receiving from
19    any person, firm, corporation, association or partnership
20    any fee, commission, rebate, or other form of compensation
21    for any professional service not actually or personally
22    rendered. Nothing in this paragraph (12) affects any bona
23    fide independent contractor or employment arrangements
24    among health care professionals, health facilities, health
25    care providers, or other entities, except as otherwise
26    prohibited by law. Any employment arrangements may include

 

 

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1    provisions for compensation, health insurance, pension, or
2    other employment benefits for the provision of services
3    within the scope of the licensee's practice under this Act.
4    Nothing in this paragraph (12) shall be construed to
5    require an employment arrangement to receive professional
6    fees for services rendered.
7        (13) A finding by the Board that the licensee, after
8    having his or her license placed on probationary status has
9    violated the terms of probation.
10        (14) Willfully making or filing false records or
11    reports, including but not limited to, false records or
12    reports filed with State agencies or departments.
13        (15) Physical illness, including but not limited to,
14    deterioration through the aging process, mental illness or
15    disability that results in the inability to practice the
16    profession with reasonable judgment, skill and safety.
17        (16) Willfully failing to report an instance of
18    suspected child abuse or neglect as required by the Abused
19    and Neglected Child Reporting Act.
20        (17) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    pursuant to the Abused and Neglected Child Reporting Act,
23    and upon proof by clear and convincing evidence that the
24    licensee has caused a child to be an abused child or
25    neglected child as defined in the Abused and Neglected
26    Child Reporting Act.

 

 

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1        (18) Violation of the Health Care Worker Self-Referral
2    Act.
3        (19) Making a material misstatement in furnishing
4    information to the Department, any other State or federal
5    agency, or any other entity.
6        (20) Failing to report to the Department any adverse
7    judgment, settlement, or award arising from a liability
8    claim related to an act or conduct similar to an act or
9    conduct that would constitute grounds for action as set
10    forth in this Section.
11        (21) Failing to report to the Department any adverse
12    final action taken against a licensee or applicant by
13    another licensing jurisdiction, including any other state
14    or territory of the United States or any foreign state or
15    country, or any peer review body, health care institution,
16    professional society or association related to the
17    profession, governmental agency, law enforcement agency,
18    or court for an act or conduct similar to an act or conduct
19    that would constitute grounds for disciplinary action as
20    set forth in this Section.
21        (22) Prescribing, selling, administering,
22    distributing, giving, or self-administering (A) any drug
23    classified as a controlled substance (designated product)
24    for other than medically accepted therapeutic purposes or
25    (B) any narcotic drug.
26        (23) Violating state or federal laws or regulations

 

 

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1    relating to controlled substances, legend drugs, or
2    ephedra as defined in the Ephedra Prohibition Act.
3        (24) Exceeding the terms of a collaborative agreement
4    or the prescriptive authority delegated to a licensee by
5    his or her collaborating physician or established under a
6    written collaborative agreement.
7    The entry of an order by any circuit court establishing
8that any person holding a license under this Act is subject to
9involuntary admission or judicial admission as provided for in
10the Mental Health and Developmental Disabilities Code,
11operates as an automatic suspension of that license. That
12person may have his or her license restored only upon the
13determination by a circuit court that the patient is no longer
14subject to involuntary admission or judicial admission and the
15issuance of an order so finding and discharging the patient and
16upon the Board's recommendation to the Department that the
17license be restored. Where the circumstances so indicate, the
18Board may recommend to the Department that it require an
19examination prior to restoring any license so automatically
20suspended.
21    The Department shall may refuse to issue or may suspend the
22license of any person who fails to file a return, or to pay the
23tax, penalty or interest shown in a filed return, or to pay any
24final assessment of the tax penalty or interest, as required by
25any tax Act administered by the Illinois Department of Revenue,
26until such time as the requirements of any such tax Act are

 

 

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1satisfied.
2    In enforcing this Section, the Department or Board upon a
3showing of a possible violation may compel any person licensed
4to practice under this Act, or who has applied for licensure or
5certification pursuant to this Act, to submit to a mental or
6physical examination, or both, as required by and at the
7expense of the Department. The examining physicians or clinical
8psychologists shall be those specifically designated by the
9Department Board. The Board or the Department may order the
10examining physician or clinical psychologist to present
11testimony concerning this mental or physical examination of the
12licensee or applicant. No information shall be excluded by
13reason of any common law or statutory privilege relating to
14communications between the licensee or applicant and the
15examining physician or clinical psychologist. The person to be
16examined may have, at his or her own expense, another physician
17or clinical psychologist of his or her choice present during
18all aspects of the examination. Failure of any person to submit
19to a mental or physical examination, when directed, shall be
20grounds for suspension of a license until the person submits to
21the examination if the Department or Board finds, after notice
22and hearing, that the refusal to submit to the examination was
23without reasonable cause.
24    If the Department or Board finds a person unable to
25practice because of the reasons set forth in this Section, the
26Department or Board may require that person to submit to care,

 

 

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1counseling or treatment by physicians or clinical
2psychologists approved or designated by the Department Board,
3as a condition, term, or restriction for continued, reinstated,
4or renewed licensure to practice; or, in lieu of care,
5counseling or treatment, the Board may recommend to the
6Department to file or the Department may file a complaint to
7immediately suspend, revoke or otherwise discipline the
8license of the person. Any person whose license was granted,
9continued, reinstated, renewed, disciplined or supervised
10subject to such terms, conditions or restrictions, and who
11fails to comply with such terms, conditions or restrictions,
12shall be referred to the Secretary for a determination as to
13whether the person shall have his or her license suspended
14immediately, pending a hearing by the Board.
15    In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Board within 15 days after the
18suspension and completed without appreciable delay. The Board
19shall have the authority to review the subject person's record
20of treatment and counseling regarding the impairment, to the
21extent permitted by applicable federal statutes and
22regulations safeguarding the confidentiality of medical
23records.
24    A person licensed under this Act and affected under this
25Section shall be afforded an opportunity to demonstrate to the
26Board that he or she can resume practice in compliance with

 

 

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1acceptable and prevailing standards under the provisions of his
2or her license.
3(Source: P.A. 98-668, eff. 6-25-14.)
 
4    (225 ILCS 15/15.2)
5    (Section scheduled to be repealed on January 1, 2017)
6    Sec. 15.2. Administrative Procedure Act. The Illinois
7Administrative Procedure Act is hereby expressly adopted and
8incorporated herein as if all of the provisions of that Act
9were included in this Act, except that the provision of
10subsection (d) of Section 10-65 of the Illinois Administrative
11Procedure Act that provides that at hearings the licensee has
12the right to show compliance with all lawful requirements for
13retention, or continuation or renewal of the license, is
14specifically excluded. For the purposes of this Act, the notice
15required under Section 10-25 of the Illinois Administrative
16Procedure Act is deemed sufficient when mailed to the last
17known address of a party.
18(Source: P.A. 89-702, eff. 7-1-97.)
 
19    (225 ILCS 15/16)  (from Ch. 111, par. 5366)
20    (Section scheduled to be repealed on January 1, 2017)
21    Sec. 16. Investigations; notice; hearing.
22    (a) The Department may investigate the actions of any
23applicant or of any person or persons holding or claiming to
24hold a license or registration under this Act.

 

 

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1    (b) The Department shall, before disciplining an applicant
2or licensee, at least 30 days before the date set for the
3hearing, (i) notify the accused in writing of the charges made
4and the time and place for the hearing on the charges, (ii)
5direct him or her to file a written answer to the charges under
6oath within 20 days after service, and (iii) inform the
7applicant or licensee that failure to answer will result in a
8default being entered against the applicant or licensee.
9    (c) At the time and place fixed in the notice, the Board or
10hearing officer appointed by the Secretary shall proceed to
11hear the charges, and the parties or their counsel shall be
12accorded ample opportunity to present any pertinent
13statements, testimony, evidence, and arguments. The Board or
14hearing officer may continue the hearing from time to time. In
15case the person, after receiving the notice, fails to file an
16answer, his or her license may, in the discretion of the
17Secretary, having first received the recommendation of the
18Board, be suspended, revoked, or placed on probationary status,
19or be subject to whatever disciplinary action the Secretary
20considers proper, including limiting the scope, nature, or
21extent of the person's practice or the imposition of a fine,
22without hearing, if the act or acts charged constitute
23sufficient grounds for that action under this Act.
24    (d) The written notice and any notice in the subsequent
25proceeding may be served by regular or certified mail to the
26applicant's or licensee's address of record. Licenses may be

 

 

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1refused, revoked, or suspended in the manner provided by this
2Act and not otherwise. The Department may upon its own motion
3and shall upon the verified complaint in writing of any person
4setting forth facts that if proven would constitute grounds for
5refusal to issue, suspend or revoke under this Act investigate
6the actions of any person applying for, holding or claiming to
7hold a license. The Department shall, before refusing to issue,
8renew, suspend or revoke any license or take other disciplinary
9action pursuant to Section 15 of this Act, and at least 30 days
10prior to the date set for the hearing, notify in writing the
11applicant for or the holder of such license of any charges
12made, shall afford such accused person an opportunity to be
13heard in person or by counsel in reference thereto, and direct
14the applicant or licensee to file a written answer to the Board
15under oath within 20 days after the service of the notice and
16inform the applicant or licensee that failure to file an answer
17will result in default being taken against the applicant or
18licensee and that the license or certificate may be suspended,
19revoked, placed on probationary status, or other disciplinary
20action may be taken, including limiting the scope, nature or
21extent of practice, as the Secretary may deem proper. Written
22notice may be served by delivery of the same personally to the
23accused person, or by mailing the same by certified mail to his
24or her last known place of residence or to the place of
25business last theretofore specified by the accused person in
26his or her last notification to the Department. In case the

 

 

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1person fails to file an answer after receiving notice, his or
2her license or certificate may, in the discretion of the
3Department, be suspended, revoked, or placed on probationary
4status, or the Department may take whatever disciplinary action
5deemed proper, including limiting the scope, nature, or extent
6of the person's practice or the imposition of a fine, without a
7hearing, if the act or acts charged constitute sufficient
8grounds for such action under this Act. At the time and place
9fixed in the notice, the Board shall proceed to hearing of the
10charges and both the accused person and the complainant shall
11be accorded ample opportunity to present, in person or by
12counsel, any statements, testimony, evidence and arguments as
13may be pertinent to the charges or to their defense. The Board
14may continue such hearing from time to time. If the Board shall
15not be sitting at the time and place fixed in the notice or at
16the time and place to which the hearing shall have been
17continued, the Department shall continue such hearing for a
18period not to exceed 30 days.
19(Source: P.A. 94-870, eff. 6-16-06.)
 
20    (225 ILCS 15/16.1)
21    (Section scheduled to be repealed on January 1, 2017)
22    Sec. 16.1. Appointment of hearing officer. Notwithstanding
23any other provision of this Act, the Secretary shall have the
24authority to appoint any attorney duly licensed to practice law
25in the State of Illinois to serve as the hearing officer in any

 

 

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1action for refusal to issue, renew or discipline a license. The
2hearing officer shall have full authority to conduct the
3hearing. The hearing officer shall report his or her findings
4of fact, conclusions of law, and recommendations to the Board
5and the Secretary. The Board shall have 60 days after receipt
6of the report to review the report of the hearing officer and
7to present its findings of fact, conclusions of law and
8recommendations to the Secretary. If the Board fails to present
9its report within the 60 day period, the Secretary may issue an
10order based on the report of the hearing officer. If the
11Secretary disagrees with the recommendations of the Board or
12hearing officer, the Secretary may issue an order in
13contravention of the Board's report. The Secretary shall
14promptly provide a written explanation to the Board on any such
15disagreement.
16(Source: P.A. 94-870, eff. 6-16-06.)
 
17    (225 ILCS 15/19)  (from Ch. 111, par. 5369)
18    (Section scheduled to be repealed on January 1, 2017)
19    Sec. 19. Record of proceedings; transcript. The
20Department, at its expense, shall preserve a record of all
21proceedings at any formal hearing of any case. The notice of
22hearing, complaint and all other documents in the nature of
23pleadings and written motions filed in the proceedings, the
24copy transcript of testimony, the report of the Board and the
25orders of the Department shall be the record of the

 

 

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1proceedings. The Department shall furnish a transcript of the
2record to any person upon payment of the fee required under
3Section 2105-115 of the Department of Professional Regulation
4Law (20 ILCS 2105/2105-115).
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    (225 ILCS 15/20)  (from Ch. 111, par. 5370)
7    (Section scheduled to be repealed on January 1, 2017)
8    Sec. 20. Hearing Report; motion for rehearing.
9    (a) The Board or the hearing officer appointed by the
10Secretary shall hear evidence in support of the formal charges
11and evidence produced by the licensee. At the conclusion of the
12hearing, the Board shall present to the Secretary a written
13report of its findings of fact, conclusions of law, and
14recommendations.
15    (b) At the conclusion of the hearing, a copy of the Board
16or hearing officer's report shall be served upon the applicant
17or licensee by the Department, either personally or as provided
18in this Act for the service of a notice of hearing. Within 20
19calendar days after service, the applicant or licensee may
20present to the Department a motion in writing for a rehearing,
21which shall specify the particular grounds for rehearing. The
22Department may respond to the motion for rehearing within 20
23calendar days after its service on the Department. If no motion
24for rehearing is filed, then upon the expiration of the time
25specified for filing such or motion, or upon denial of a motion

 

 

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1for rehearing, the Secretary may enter an order in accordance
2with the recommendation of the Board or hearing officer. If the
3applicant or licensee orders from the reporting service and
4pays for a transcript of the record within the time for filing
5a motion for rehearing, the 20-day period within which a motion
6may be filed shall commence upon the delivery of the transcript
7to the applicant or licensee.
8    (c) If the Secretary disagrees in any regard with the
9report of the Board, the Secretary may issue an order contrary
10to the report.
11    (d) Whenever the Secretary is not satisfied that
12substantial justice has been done, the Secretary may order a
13rehearing by the same or another hearing officer.
14    (e) At any point in any investigation or disciplinary
15proceeding provided for in this Act, both parties may agree to
16a negotiated consent order. The consent order shall be final
17upon signature of the Secretary.
18    (f) Any fine imposed shall be payable within 60 days after
19the effective date of the order imposing the fine. The Board
20shall present to the Secretary its written report of its
21findings and recommendations. A copy of such report shall be
22served upon the applicant or licensee, either personally or by
23certified mail. Within 20 days after such service, the
24applicant or licensee may present to the Department a motion in
25writing for a rehearing, that shall specify the particular
26grounds for the rehearing. If no motion for a rehearing is

 

 

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1filed, then upon the expiration of the time specified for
2filing such a motion, or if a motion for rehearing is denied,
3then upon such denial, the Secretary may enter an order in
4accordance with recommendations of the Board, except as
5provided in Section 16.1 of this Act. If the applicant or
6licensee requests and pays for a transcript of the record
7within the time for filing a motion for rehearing, the 20 day
8period within which a motion may be filed shall commence upon
9the delivery of the transcript.
10(Source: P.A. 94-870, eff. 6-16-06.)
 
11    (225 ILCS 15/21)  (from Ch. 111, par. 5371)
12    (Section scheduled to be repealed on January 1, 2017)
13    Sec. 21. Restoration of license. At any time after the
14suspension or revocation of any license, the Department may
15restore it to the licensee upon the written recommendation of
16the Board unless after an investigation and hearing the Board
17or Department determines that restoration is not in the public
18interest. Where circumstances of suspension or revocation so
19indicate, the Department may require an examination of the
20accused person prior to restoring his or her license.
21(Source: P.A. 89-702, eff. 7-1-97.)
 
22    (225 ILCS 15/23)  (from Ch. 111, par. 5373)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 23. Certification of record. The Department shall not

 

 

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1be required to certify any record to the court, file any answer
2in court or otherwise appear in any court in a judicial review
3proceedings, unless and until the Department has received from
4the plaintiff there is filed in the court with the complaint a
5receipt from the Department acknowledging payment of the costs
6of furnishing and certifying the record, which costs shall be
7determined by the Department. Failure on the part of the
8plaintiff to file a receipt in court shall be grounds for
9dismissal of the action.
10(Source: P.A. 89-702, eff. 7-1-97.)
 
11    (225 ILCS 15/15.4 rep.)
12    Section 15. The Clinical Psychologist Licensing Act is
13amended by repealing Section 15.4.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.27
4    5 ILCS 80/4.37 new
5    225 ILCS 15/2from Ch. 111, par. 5352
6    225 ILCS 15/2.5 new
7    225 ILCS 15/3from Ch. 111, par. 5353
8    225 ILCS 15/6from Ch. 111, par. 5356
9    225 ILCS 15/7from Ch. 111, par. 5357
10    225 ILCS 15/10from Ch. 111, par. 5360
11    225 ILCS 15/11from Ch. 111, par. 5361
12    225 ILCS 15/15from Ch. 111, par. 5365
13    225 ILCS 15/15.2
14    225 ILCS 15/16from Ch. 111, par. 5366
15    225 ILCS 15/16.1
16    225 ILCS 15/19from Ch. 111, par. 5369
17    225 ILCS 15/20from Ch. 111, par. 5370
18    225 ILCS 15/21from Ch. 111, par. 5371
19    225 ILCS 15/23from Ch. 111, par. 5373
20    225 ILCS 15/15.4 rep.