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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 Acts repealed on January 1, 2017.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8are repealed on January 1, 2017: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 Acts repealed on January 1, 2027.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17Act is repealed on January 1, 2027: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2    (Section scheduled to be repealed on January 1, 2017)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, diagnosis, and treatment of
14    mental, emotional, behavioral or nervous disorders or
15    conditions, developmental disabilities, alcoholism and
16    substance abuse, disorders of habit or conduct, and the
17    psychological aspects of physical illness. The practice of
18    clinical psychology includes psychoeducational evaluation,
19    therapy, remediation and consultation, the use of
20    psychological and neuropsychological testing, assessment,
21    psychotherapy, psychoanalysis, hypnosis, biofeedback, and
22    behavioral modification when any of these are used for the
23    purpose of preventing or eliminating psychopathology, or
24    for the amelioration of psychological disorders of
25    individuals or groups. "Clinical psychology" does not

 

 

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

 

 

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

 

 

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

 

 

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1otherwise provided in this Act.
2    (b) No business organization association or partnership
3shall be granted a license and no professional limited
4liability company shall provide, attempt to provide, or offer
5to provide clinical psychological services unless every
6member, shareholder, director, officer, holder of any other
7ownership interest, agent partner, and employee of the
8association, partnership, or professional limited liability
9company who renders clinical psychological services holds a
10currently valid license issued under this Act. No license shall
11be issued by the Department to a corporation or limited
12liability company shall be created that (i) has a stated
13purpose that includes clinical psychology, or (ii) practices or
14holds itself out as available to practice clinical psychology,
15unless it is organized under the Professional Service
16Corporation Act or the Professional Limited Liability Company
17Act.
18    (c) Individuals, corporations, professional limited
19liability companies, partnerships, and associations may employ
20practicum students, interns or postdoctoral candidates seeking
21to fulfill educational requirements or the professional
22experience requirements needed to qualify for a license as a
23clinical psychologist to assist in the rendering of services,
24provided that such employees function under the direct
25supervision, order, control and full professional
26responsibility of a licensed clinical psychologist in the

 

 

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

 

 

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

 

 

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1groups or programs or not-for-profit organizations from
2providing services in those groups, programs, or
3organizations, provided that such persons are not in any manner
4held out to the public as rendering clinical psychological
5services as defined in paragraph 7 of Section 2 of this Act.
6    (h) Nothing in this Act shall be construed to prevent a
7person from practicing hypnosis without a license issued under
8this Act provided that the person (1) does not otherwise engage
9in the practice of clinical psychology including, but not
10limited to, the independent evaluation, classification, and
11treatment of mental, emotional, behavioral, or nervous
12disorders or conditions, developmental disabilities,
13alcoholism and substance abuse, disorders of habit or conduct,
14and the psychological aspects of physical illness, (2) does not
15otherwise engage in the practice of medicine including, but not
16limited to, the diagnosis or treatment of physical or mental
17ailments or conditions, and (3) does not hold himself or
18herself out to the public by a title or description stating or
19implying that the individual is a clinical psychologist or is
20licensed to practice clinical psychology.
21    (i) Every licensee under this Act shall prominently display
22the license at the licensee's principal office, place of
23business, or place of employment and, whenever requested by any
24representative of the Department, must exhibit the license.
25(Source: P.A. 99-227, eff. 8-3-15.)
 

 

 

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1    (225 ILCS 15/6)  (from Ch. 111, par. 5356)
2    (Section scheduled to be repealed on January 1, 2017)
3    Sec. 6. Subject to the provisions of this Act, the
4Department shall:
5    (1) Authorize examinations to ascertain the qualifications
6and fitness of applicants for licensure as clinical
7psychologists and pass upon the qualifications of applicants
8for reciprocal licensure.
9    (2) Conduct hearings on proceedings to refuse to issue or
10renew or to revoke licenses or suspend, place on probation,
11censure or reprimand persons licensed under the provisions of
12this Act, and to refuse to issue or to suspend or to revoke or
13to refuse to renew licenses or to place on probation, censure
14or reprimand such persons licensed under the provisions of this
15Act.
16    (3) Adopt Formulate rules and regulations required for the
17administration of this Act.
18    (4) Prescribe forms to be issued for the administration and
19enforcement of this Act.
20    (5) Conduct investigations related to possible violations
21of this Act.
22(Source: P.A. 85-947.)
 
23    (225 ILCS 15/7)  (from Ch. 111, par. 5357)
24    (Section scheduled to be repealed on January 1, 2017)
25    Sec. 7. Board. The Secretary shall appoint a Board that

 

 

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1shall serve in an advisory capacity to the Secretary.
2    The Board shall consist of 11 persons: 4 of whom are
3licensed clinical psychologists and actively engaged in the
4practice of clinical psychology; 2 of whom are licensed
5prescribing psychologists; 2 of whom are physicians licensed to
6practice medicine in all its branches in Illinois who generally
7prescribe medications for the treatment of mental health
8disease or illness in the normal course of clinical medical
9practice, one of whom shall be a psychiatrist and the other a
10primary care or family physician; 2 of whom are licensed
11clinical psychologists and are full time faculty members of
12accredited colleges or universities who are engaged in training
13clinical psychologists; and one of whom is a public member who
14is not a licensed health care provider. In appointing members
15of the Board, the Secretary shall give due consideration to the
16adequate representation of the various fields of health care
17psychology such as clinical psychology, school psychology and
18counseling psychology. In appointing members of the Board, the
19Secretary shall give due consideration to recommendations by
20members of the profession of clinical psychology and by the
21State-wide organizations representing the interests of
22clinical psychologists and organizations representing the
23interests of academic programs as well as recommendations by
24approved doctoral level psychology programs in the State of
25Illinois, and, with respect to the 2 physician members of the
26Board, the Secretary shall give due consideration to

 

 

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1recommendations by the Statewide professional associations or
2societies representing physicians licensed to practice
3medicine in all its branches in Illinois. The members shall be
4appointed for a term of 4 years. No member shall be eligible to
5serve for more than 2 full terms. Any appointment to fill a
6vacancy shall be for the unexpired portion of the term. A
7member appointed to fill a vacancy for an unexpired term for a
8duration of 2 years or more may be reappointed for a maximum of
9one term and a member appointed to fill a vacancy for an
10unexpired term for a duration of less than 2 years may be
11reappointed for a maximum of 2 terms. The Secretary may remove
12any member for cause at any time prior to the expiration of his
13or her term.
14    The 2 initial appointees to the Board who are licensed
15prescribing psychologists may hold a medical or prescription
16license issued by another state so long as the license is
17deemed by the Secretary to be substantially equivalent to a
18prescribing psychologist license under this Act and so long as
19the appointees also maintain an Illinois clinical psychologist
20license. Such initial appointees shall serve on the Board until
21the Department adopts rules necessary to implement licensure
22under Section 4.2 of this Act.
23    The Board shall annually elect a one of its members as
24chairperson and vice chairperson.
25    The members of the Board shall be reimbursed for all
26authorized legitimate and necessary expenses incurred in

 

 

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1attending the meetings of the Board.
2    The Secretary shall give due consideration to all
3recommendations of the Board. In the event the Secretary
4disagrees with or takes action contrary to the recommendation
5of the Board, he or she shall provide the Board with a written
6and specific explanation of his or her actions.
7    The Board may make recommendations on all matters relating
8to continuing education including the number of hours necessary
9for license renewal, waivers for those unable to meet such
10requirements and acceptable course content. Such
11recommendations shall not impose an undue burden on the
12Department or an unreasonable restriction on those seeking
13license renewal.
14    The 2 licensed prescribing psychologist members of the
15Board and the 2 physician members of the Board shall only
16deliberate and make recommendations related to the licensure
17and discipline of prescribing psychologists. Four members
18shall constitute a quorum, except that all deliberations and
19recommendations related to the licensure and discipline of
20prescribing psychologists shall require a quorum of 6 members.
21A quorum is required for all Board decisions.
22    Members of the Board shall have no liability in any action
23based upon any disciplinary proceeding or other activity
24performed in good faith as a member of the Board.
25    The Secretary may terminate the appointment of any member
26for cause which in the opinion of the Secretary reasonably

 

 

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1justifies such termination.
2(Source: P.A. 98-668, eff. 6-25-14.)
 
3    (225 ILCS 15/10)  (from Ch. 111, par. 5360)
4    (Section scheduled to be repealed on January 1, 2017)
5    Sec. 10. Qualifications of applicants; examination. The
6Department, except as provided in Section 11 of this Act, shall
7issue a license as a clinical psychologist to any person who
8pays an application fee and who:
9        (1) is at least 21 years of age; and has not engaged in
10    conduct or activities which would constitute grounds for
11    discipline under this Act;
12        (2) (blank);
13        (3) is a graduate of a doctoral program from a college,
14    university or school accredited by the regional
15    accrediting body which is recognized by the Council on
16    Postsecondary Accreditation and is in the jurisdiction in
17    which it is located for purposes of granting the doctoral
18    degree and either:
19            (a) is a graduate of a doctoral program in
20        clinical, school or counseling psychology either
21        accredited by the American Psychological Association
22        or the Psychological Clinical Science Accreditation
23        System or approved by the Council for the National
24        Register of Health Service Providers in Psychology or
25        other national board recognized by the Board, and has

 

 

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

 

 

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

 

 

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

 

 

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1responsibility of a licensed clinical psychologist. The
2clients shall be the clients of the agency or supervisor rather
3than the supervisee. Supervised experience in which the
4supervisor receives monetary payment or other consideration
5from the supervisee or in which the supervisor is hired by or
6otherwise employed by the supervisee shall not be accepted by
7the Department as fulfilling the practicum, internship or 2
8years of satisfactory supervised experience requirements for
9licensure.
10    Examinations for applicants under this Act shall be held at
11the direction of the Department from time to time but not less
12than once each year. The scope and form of the examination
13shall be determined by the Department.
14    Each applicant for a license who possesses the necessary
15qualifications therefor shall be examined by the Department,
16and shall pay to the Department, or its designated testing
17service, the required examination fee, which fee shall not be
18refunded by the Department.
19    Applicants have 3 years from the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22shall be forfeited, and the applicant must reapply and meet the
23requirements in effect at the time of reapplication.
24    An applicant has one year from the date of notification of
25successful completion of the examination to apply to the
26Department for a license. If an applicant fails to apply within

 

 

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1one year, the applicant shall be required to take and pass the
2examination again unless licensed in another jurisdiction of
3the United States within one year of passing the examination.
4(Source: P.A. 98-849, eff. 1-1-15.)
 
5    (225 ILCS 15/11)  (from Ch. 111, par. 5361)
6    (Section scheduled to be repealed on January 1, 2017)
7    Sec. 11. Persons licensed in other jurisdictions.
8    (a) The Department may, in its discretion, grant a license
9on payment of the required fee to any person who, at the time
10of application, is licensed by a similar board of another state
11or jurisdiction of the United States or by any of a foreign
12country or province whose standards, in the opinion of the
13Department, were substantially equivalent, at the date of his
14or her licensure in the other jurisdiction, to the requirements
15of this Act or to any person who, at the time of his or her
16licensure, possessed individual qualifications that were
17substantially equivalent to the requirements then in force in
18this State.
19    (b) The Department may issue a license, upon payment of the
20required fee and recommendation of the Board, to an individual
21applicant who:
22        (1) has been licensed based on a doctorate degree to
23    practice psychology in one or more other states or Canada
24    for at least 20 years;
25        (2) has had no disciplinary action taken against his or

 

 

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1    her license in any other jurisdiction during the entire
2    period of licensure;
3        (3) (blank); submits the appropriate fee and
4    application;
5        (4) has not violated any provision of this Act or the
6    rules adopted under this Act; and
7        (5) complies with all additional rules promulgated
8    under this subsection.
9    The Department may promulgate rules to further define these
10licensing criteria.
11    (b-5) The endorsement process for individuals who are
12already licensed as medical or prescribing psychologists in
13another state is governed by Section 4.5 of this Act and not
14this Section.
15    (c) Applicants have 3 years from the date of application to
16complete the application process. If the process has not been
17completed in 3 years, the application shall be denied, the fee
18shall be forfeited, and the applicant must reapply and meet the
19requirements in effect at the time of reapplication.
20(Source: P.A. 89-387, eff. 8-20-95; 89-626, eff. 8-9-96;
2189-702, eff. 7-1-97.)
 
22    (225 ILCS 15/15)  (from Ch. 111, par. 5365)
23    (Section scheduled to be repealed on January 1, 2017)
24    Sec. 15. Disciplinary action; grounds. The Department may
25refuse to issue, refuse to renew, suspend, or revoke any

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of the Department shall be the record of the proceedings. The
2Department shall furnish a copy transcript of the record to any
3person upon payment of the fee required under Section 2105-115
4of the Department of Professional Regulation Law (20 ILCS
52105/2105-115).
6(Source: P.A. 91-239, eff. 1-1-00.)
 
7    (225 ILCS 15/20)  (from Ch. 111, par. 5370)
8    (Section scheduled to be repealed on January 1, 2017)
9    Sec. 20. Hearing Report; motion for rehearing.
10    (a) The Board or the hearing officer appointed by the
11Secretary shall hear evidence in support of the formal charges
12and evidence produced by the licensee. At the conclusion of the
13hearing, the Board shall present to the Secretary a written
14report of its findings of fact, conclusions of law, and
15recommendations.
16    (b) At the conclusion of the hearing, a copy of the Board
17or hearing officer's report shall be served upon the applicant
18or licensee by the Department, either personally or as provided
19in this Act for the service of a notice of hearing. Within 20
20calendar days after service, the applicant or licensee may
21present to the Department a motion in writing for a rehearing,
22which shall specify the particular grounds for rehearing. The
23Department may respond to the motion for rehearing within 20
24calendar days after its service on the Department. If no motion
25for rehearing is filed, then upon the expiration of the time

 

 

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1specified for filing such motion, or upon denial of a motion
2for rehearing, the Secretary may enter an order in accordance
3with the recommendation of the Board or hearing officer. If the
4applicant or licensee orders from the reporting service and
5pays for a transcript of the record within the time for filing
6a motion for rehearing, the 20-day period within which a motion
7may be filed shall commence upon the delivery of the transcript
8to the applicant or licensee.
9    (c) If the Secretary disagrees in any regard with the
10report of the Board, the Secretary may issue an order contrary
11to the report.
12    (d) Whenever the Secretary is not satisfied that
13substantial justice has been done, the Secretary may order a
14rehearing by the same or another hearing officer.
15    (e) At any point in any investigation or disciplinary
16proceeding provided for in this Act, both parties may agree to
17a negotiated consent order. The consent order shall be final
18upon signature of the Secretary.
19    (f) Any fine imposed shall be payable within 60 days after
20the effective date of the order imposing the fine. The Board
21shall present to the Secretary its written report of its
22findings and recommendations. A copy of such report shall be
23served upon the applicant or licensee, either personally or by
24certified mail. Within 20 days after such service, the
25applicant or licensee may present to the Department a motion in
26writing for a rehearing, that shall specify the particular

 

 

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1grounds for the rehearing. If no motion for a rehearing is
2filed, then upon the expiration of the time specified for
3filing such a motion, or if a motion for rehearing is denied,
4then upon such denial, the Secretary may enter an order in
5accordance with recommendations of the Board, except as
6provided in Section 16.1 of this Act. If the applicant or
7licensee requests and pays for a transcript of the record
8within the time for filing a motion for rehearing, the 20 day
9period within which a motion may be filed shall commence upon
10the delivery of the transcript.
11(Source: P.A. 94-870, eff. 6-16-06.)
 
12    (225 ILCS 15/21)  (from Ch. 111, par. 5371)
13    (Section scheduled to be repealed on January 1, 2017)
14    Sec. 21. Restoration of license. At any time after the
15suspension or revocation of any license, the Department may
16restore it to the licensee upon the written recommendation of
17the Board unless after an investigation and hearing the Board
18or Department determines that restoration is not in the public
19interest. Where circumstances of suspension or revocation so
20indicate, the Department may require an examination of the
21accused person prior to restoring his or her license.
22(Source: P.A. 89-702, eff. 7-1-97.)
 
23    (225 ILCS 15/23)  (from Ch. 111, par. 5373)
24    (Section scheduled to be repealed on January 1, 2017)

 

 

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1    Sec. 23. Certification of record. The Department shall not
2be required to certify any record to the court, file any answer
3in court or otherwise appear in any court in a judicial review
4proceedings, unless and until the Department has received from
5the plaintiff there is filed in the court with the complaint a
6receipt from the Department acknowledging payment of the costs
7of furnishing and certifying the record, which costs shall be
8determined by the Department. Failure on the part of the
9plaintiff to file a receipt in court shall be grounds for
10dismissal of the action.
11(Source: P.A. 89-702, eff. 7-1-97.)
 
12    (225 ILCS 15/15.4 rep.)
13    Section 15. The Clinical Psychologist Licensing Act is
14amended by repealing Section 15.4.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.